Students First: The Need for Adoption of Education and Incentive-Based Sport Agent Policies by NCAA Division I FBS Member Institutions

Abstract

The Federal Bureau of Investigation (“FBI”) and U.S. Attorney’s Office’s investigation into National Collegiate Athletic Association (“NCAA”) Division I men’s basketball revealed allegations of NCAA Division I men’s basketball coaches accepting money from sport agents to persuade NCAA Division I men’s basketball players to become clients of said sport agents. This investigation highlights the pervasiveness of violations of preexisting laws governing sport agents, namely, the Uniform Athlete Agents Act (the “UAAA”) and Sport Agent Responsibility and Trust Act (“SPARTA”). Despite the believed routine violation of the UAAA and SPARTA in the recruitment of NCAA student-athletes as clients by sport agents, the laws are rarely used to prosecute sport agents. Thus, the investigation into NCAA Division I men’s basketball highlights the need for new mechanisms to safeguard the rights and interests of NCAA student-athletes related to sport agents. This paper analyzes the efficacy of existing legal and NCAA mechanisms regulating sport agents and presents a thematic analysis of NCAA Division I Football Bowl Subdivision (“FBS”) member institutions’ sport agent policies to highlight the need for and present a model NCAA Division I FBS member institution sport agent policy and education model.