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Compliance Brochure | 2015-16 Student-Athlete Handbook
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Santa Clara University is committed to maintaining the highest standard of rules compliance in the operation of its intercollegiate athletics programs. No student-athlete should ever be influenced to unwillingly or unknowingly endanger his or her amateur status or eligibility.
Santa Clara University’s Agent Policy set forth herein establishes guidelines and procedures for agents and advisors seeking to contact or represent our student-athletes. The policy enables such individuals to affirm the importance of student-athlete welfare by working with student-athletes and their families in a compliant and professional manner.
In an effort to foster transparency, the Compliance Office educates our student-athletes on NCAA rules governing agency contract and interaction. Nevertheless, all athletic agents/advisors are required to adhere to the Agent Policy in interacting with Santa Clara student-athletes.
For purposes of this policy, any person who represents individuals based on their athletics abilities and seeks to obtain any financial gain from that representation is considered an “agent.” This definition shall be interpreted broadly and includes, but is not limited to, athletic agents, contract advisors, financial advisors, marketing representatives and brand managers.
Under NCAA Bylaw 12.3, a student-athlete or prospective student-athlete (any individual who currently participates in, or who may be eligible to participate in intercollegiate sport) may not agree verbally or in writing to be represented by an agent in the present or in the future for the purpose of marketing the student-athlete's athletic ability or reputation. A student-athlete or prospect, as well as his/her family or friends, may not accept benefits from an agent.
If any student-athlete enters into an agreement with, or accepts a benefit from an agent, the student-athlete is ineligible for intercollegiate competition.
The Agent Policy requires full compliance with all University policies, NCAA Bylaws, California’s Miller-Ayala Athlete Agents Act and the governing rules of professional sport organizations.
Athletic agents/advisors interested in contacting or representing a student-athlete must be registered with:
(1) The Compliance Office
Athletic agents/advisors must complete and file an Agent Registration Form. Registration with the Santa Clara University must be updated every two years, via an Agent Renewal Form.
(2) California Secretary of State
In accordance with California’s Miller-Ayala Agents Act, an Athlete Agent Disclosure Statement must be filed with the Secretary of State’s Office. A copy of the registered Athlete Agent Disclosure Statement must be submitted to the University’s Office of Athletic Compliance. The California Athlete Agent Disclosure Statement can be downloaded from the California Secretary of State website: http://www.sos.ca.gov/business/sf/forms/sf-aa1.pdf.
(3) Professional Sports Organizations (where applicable)
The athletic department will maintain an agent database containing the names and business information of all agents and advisors registered with the University. Registered agents and advisors may submit promotional materials to the Compliance Office for inclusion in the database.
Registered agents/advisors are permitted to have contact with Santa Clara student-athletes in accordance with NCAA regulations and California law. Prior to any such contact, agents/advisors shall first notify the Compliance Office. Interviews shall be arranged when a student-athlete and an agent/advisor express a mutual interest.
Agents shall, at all times, comply with both NCAA rules and California law, the latter of which mandates specific requirements for agents seeking to contact student-athletes and their families while such student-athletes have eligibility remaining. It is the responsibility of the agent to understand and comply with those requirements. (See BUS. AND PROF. CODE §§18895 et seq. for further information on California’s Miller-Ayala Agents Act)
Santa Clara University reserves the right to report any violation of state law, NCAA Bylaws, or the rules/policies of any professional sports organization or players’ association to such authorities for any and all appropriate disciplinary action for the involved agent.
For questions or requests for additional information, please contact the Compliance Office.
The information contained in this site is provided for informational purposes only, and should not be construed as advice on any matters of NCAA compliance. The contents of this site contain general information and may not reflect current legal developments or address your situation. Please contact the Compliance Office with specific questions.