San Jose State University strives to protect our student-athletes' eligibility for as long as they wish to pursue collegiate athletics and then ensure that they can make informed decisions about those who will represent them when they are ready to pursue their professional careers.
The following information is to help student athletes understand SJSU, NCAA, and state regulations regarding Athlete Agents. Please contact the Compliance Office with any questions or concerns regarding this information.
Player-agents must be registered with the state of California as a Sports Agent before representing or attempting to represent any athlete, professional or amateur, this is a California State law. Please read the Miller-Ayala Act, California's State law on athletic agents.
NCAA Bylaws Governing Interaction Between Student-Athletes and Agents
12.3 USE OF AGENTS
12.3.1 General Rule. An individual shall be ineligible for participation in an intercollegiate sport if he or she ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in that sport. Further, an agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport.
22.214.171.124 Representation for Future Negotiations. An individual shall be ineligible per Bylaw 12.3.1 if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.
126.96.36.199 Benefits from Prospective Agents. An individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from:
a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general; or
b) An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete's sport.
12.3.2 Legal Counsel. Securing advice from a lawyer concerning a proposed professional sports contract shall not be considered contracting for representation by an agent under this rule, unless the lawyer also represents the individual in negotiations for such a contract.
188.8.131.52 Presence of a Lawyer at Negotiations. A lawyer may not be present during discussions of a contract offer with a professional organization or have any direct contact (in person, by telephone or by mail) with a professional sports organization on behalf of the individual. A lawyer's presence during such discussions is considered representation by an agent.