At Cleveland State University, it is our goal to foster our student-athletes development, both academically and athletically. Our compliance office can assist individuals who wish to represent one of our student-athletes in their negotiations with professional sports teams or market one of our student-athletes athletic abilities. However, the Cleveland State University Athlete Agent Program requires full compliance with Cleveland State policies, NCAA bylaws, ORC Chapter 4771, and the governing rules of professional sports organizations. Violation of state laws or NCAA Bylaws will result in penalties for the athlete agent, as well as a likely forfeiture of remaining NCAA eligibility for the student-athlete. Athlete agents must register with Cleveland State, the Ohio Athletic Commission, and any applicable professional sports organizations in order to obtain permission to communicate with Cleveland State student-athletes regarding their future professional activities.
If you are not registered as an athlete agent in the State of Ohio, but you wish to be, be sure to click on the link below for the Ohio Athletic Commission - Athlete Agents. Also, please do not hesitate to contact our Compliance Specialist at Cleveland State University, Erik Mathis, with questions. Additionally, we request that you register yourself as an athlete agent with CSU by filling out the following form:
If you have any questions or would like to submit your CSU Athlete Agent Registration Form:
Erik Mathis
Senior Associate Athletics Director, Compliance
(216) 903-5609
e.s.mathis@csuohio.edu
Below we have detailed certain legislation from the State of Ohio, as well as Bylaws from the NCAA, regarding athlete agents. Furthermore, you may find additional information through the following links:
Complete State of Ohio Legislation on Athlete Agents
Ohio Athletic Commission - Athlete Agents (Laws, Rules, and Registration Packet)
NCAA Info on Uniform Athlete Agents Act (UAAA) and Sports Agents Responsibility & Trust Act (SPARTA)
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State of Ohio Legislation
Chapter 4771 of the Ohio Revised Code - Athlete Agents
R.C. §4771.01 (A)-(C), (F) (2010) - Definitions
(A) “Agent contract” means any contract or agreement pursuant to which an athlete authorizes or empowers or agrees to authorize or empower at some later date an athlete agent to do any of the following:
(1) Negotiate or solicit an agreement on behalf of the athlete with one or more professional sports teams for the employment of the athlete by a professional sports team;
(2) Negotiate or solicit an agreement on behalf of the athlete for the employment of the athlete as a professional athlete;
(3) Market, or enter an agreement to market, an athlete or an athlete’s reputation.
(B) "Athlete agent" means any person who directly or indirectly recruits or solicits any athlete to enter into an agent contract or professional sports services contract, or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team, or as a professional athlete, or otherwise attempts to market an athlete or an athlete's reputation. Athlete agent does not include either of the following:
(1) A member of a student athlete's immediate family; (2) An attorney from whom an athlete seeks legal advice concerning a proposed professional sports services contract if the attorney does not represent the athlete in negotiating or soliciting the contract.
(C) "Immediate family" means an individual's spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse or guardian of any of the individuals described in this division.
(F) “Professional sports services contract” means either of the following:
(1) Any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete;
(2) Any contract or agreement that provides for the present or future marketing of an athlete of athlete’s reputation.
R.C. §4771.07- Application for Registration; Affidavit or Certificate of Completion; Fee; Change of Address
(A) Each individual who desires to serve as an athlete agent within this state shall first file an application for registration with the Ohio Athletic Commission. The applicant shall apply using a form prescribed by the commission and shall provide all the following information:
(1) The name and residential address of the applicant; (2) The address of the primary location in which the applicant wishes to conduct business as an athlete agent; (3) The type of business conducted or the occupation held by the applicant during the five years immediately preceding application; (4) The location and evidence of a trust fund established in accordance with division (B) of section 4771.12 of the Revised Code and rules adopted by the commission; (5) The name and address of all persons who have a financial interest in the business operation of the applicant, or who are compensated for the solicitation or recruitment of athletes on behalf of the applicant, except for salaried employees who receive no commission or bonus pursuant to any agent or professional sports services contract; (6) Any other information deemed necessary by the commission.
(B) The applicant shall submit with the application for registration an affidavit or certificate of completion describing all formal training or practical experience completed by the applicant in any of the following areas: (1) Contracts; (2) Contract negotiations; (3) Complaint resolution; (4) Arbitration; (5) Dispute resolution. (C) An applicant shall submit with the application for registration an application fee in an amount determined by the commission pursuant to division (F) of section 4771.05 of the Revised Code and proof of one of the securities required under section 4771.11 of the Revised Code.
(D) An athlete agent shall notify the commission of any change in business location or address during the period of application for registration or during the period of time the registration of the athlete agent is valid.
R.C. §4771.15 – Authorized actions of agent.
An athlete agent may engage in the following conduct:
(A) Provide or send written materials to an athlete if the athlete agent simultaneously submits an identical copy of the materials to the athlete director or the director’s designee . . . or to the institution of higher education to which the athlete provided a written notice of intent to participate in intercollegiate athletics;
(B) Contact an athlete after an athlete initiates contact with an athlete agent, provided that the athlete agent provides notice, in accordance with this chapter, to the educational institution or the institution of higher education in which the athlete is enrolled, or the institution of higher education to which the athlete has provided a written notice of intent to participate in intercollegiate athletics;
(C) Participate in education programs sponsored by an institution of higher education or a professional sports counseling panel at an institution of higher learning.
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NCAA Bylaws
Bylaw 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.
12.3.1.1 - Representation for Future Negotiations. An individual shall be ineligible per Bylaw 12.3.1 if he or she enters into an oral 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.
12.3.1.2 - 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: (Revised: 1/14/97)
(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. (Adopted: 1/14/97)
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.
12.3.2.1 – 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 prospective sports organization on behalf of the individual. A lawyer’s presence during such discussions is considered representation by an agent.
