Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> Sports Biz

Media & Entertainment Law

: Sports Biz

Ohio Judge Strikes Down NCAA Ban on Lawyers

The NCAA bans student athletes from having lawyers present when contracts are discussed with potential professional teams if the athletes wish to retain their eligibility to compete in NCAA competition in the event the negotiations do not result in a contract and the athletes stay in school. This rule is particularly applicable to baseball players and it was in that context that Oklahoma State pitcher Andrew Oliver was declared ineligible by the school last spring. Oliver sued the school and the NCAA in Ohio state court and an Erie County Judge ruled in his favor, finding the NCAA's ban on lawyers was contrary to the public policy of Ohio.

Judge Tygh Tone ruled that the ban deprived Oliver of his right to legal representation, was "arbitrary and capricious" and was "against the public policy of the State of Ohio as well as all states within this Union."

In addition, Tone struck down the NCAA's amazingly arrogant rule which would penalize a university or student for complying with a court order or injunction which was later overturned on appeal. Tone wrote that "?Student-athletes must have their opportunity to access the court system without fear of punitive actions being garnered against themselves or their institutions and teams of which they belong."

If this decision stands up, the effects will be far reaching. Not only will it completely change the relative fairness and balance of negotiations with draft picks in baseball, but it will probably require changes in the eligibility rules for football and basketball as well. Merely signing with an agent, at least one who is an attorney, should not then cause one to lose eligibility as it does now. More kids will get an opportunity to get a fairer look at their worth in the job market before having to commit to leave school. It should result in fewer kids making bad decisions, but it could just result in more kids being lured away by the siren sound of money that may not be there after all. If this ruling stands, the NCAA should revise its draft rules to allow signing with attorneys and going through the draft but the ability to return to school if the kid doesn't sign with a team or is not drafted. That way, there will be fewer cases of bad decisions and more chance of kids getting a fair shot at making a good living from their talent. It's the fair and right thing to do. It's in the best interest of the student-athlete. That means there is no chance the NCAA will do it.

Full post as published by Sports Biz on February 13, 2009 (boomark / email).