Law in Athletics

LAW IN ATHLETICS

Juanicia L Everett

The law has its arms all over athletics and sports. Its influence reaches from intramural and high school to the very prominent professional leagues. Administrative law is “the body of law created by rules regulations, orders, and decisions of administrative bodies” (Masteralexis, Barr, & Hums, (2012) pg 85).

The National Collegiate Athletic Association (NCAA) has included all of its rules and regulations in a manual. It serves as a bible for all those in order for a player to continue to be eligible to receive benefits. It serves as a bible for all of those who want to compete on the collegiate level. It contains specific do’s and don’ts in order for a player to continue to be eligible to receive benefits. The NCAA says that only amateurs are allowed to compete in collegiate athletics. Once a player crosses the line into professionalism, there is no turning back. However, there is not always a clear distinction between the two.

In a case with a clear connection to contract law, the administrative law of the NCAA is evident. Major League Baseball (MLB) holds an amateur draft for high school boys annually. These young men have to decide if they are going to sign a contract with the MLB or go to college. For those who decide to bypass college will sign a contract with the league with the help of an attorney or an agent. However, those young men who decide to continue their education will have to negotiate the terms of their contracts with only their parents as guides (Wolohan, 2009).

The NCAA disallows players who want to remain eligible from negotiating with professional teams in the presence of attorneys or agents. Evidently, the violation is not simply if the attorney or agent helps facilitate the deal, but their mere presence. By law 12.3.2.1 states:

A lawyer may not be present during discussions of a contract offer with a professional organization or have any direct contact… with a professional sports...