Compliance: Agents & Advisors
College of the Holy Cross Guidelines for Agents, Financial Advisors and Professional Representatives
This page is intended as a resource for Athlete Agents, Financial Advisors and Professional Representatives along with current student athletes. While the Department of Athletics understands the benefits of professional representation for our student athletes who go on to professional athletics careers, it is imperative that we prevent any conduct that may render them ineligible.
Therefore our goals are as follows:
- Compliance with NCAA Bylaw 12.3 and all other relevant NCAA Bylaws.
- Compliance with all applicable State and Federal laws govern the relationships between athletes and agents, including the Sports Agent Responsibility and Trust Act.
- Ensure that a student athlete’s NCAA eligibility is not jeopardized.
- Assist Holy Cross student athletes in seeking competent and ethical representation.
Policy Regarding Athlete-Agents, Financial Advisors and Professional Representatives
Holy Cross Athletics has established procedures for registration of athlete agents to assist student-athletes in dealing with individuals who seek to represent them as an "athlete agent" in contract negotiations with professional sports teams, advise them on financial terms of a professional contract or market their athletics ability.
All representatives must first register with the College of the Holy Cross Department of Athletics prior to contacting any Holy Cross student athletes. Please complete the Athlete Agent Registration form on this site and return it to the Holy Cross NCAA Compliance Office.
NCAA Rules for Use of Agents
- NCAA Bylaw 12.3.1 (General Rule) states that 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.
- NCAA Bylaw 126.96.36.199 (Representation for Future Negotiations) indicates that 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.
- NCAA Bylaw 188.8.131.52 (Benefits from Prospective Agents) states that 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:
- 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
- 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.
- NCAA Bylaw 184.108.40.206 (Nonbinding Agreement) stipulates that an individual who signs a contract or commitment that does not become binding until the professional organization's representative or agent also signs the document is ineligible, even if the contract remains unsigned by the other parties until after the student-athlete's eligibility is exhausted.
- Additional NCAA guidance for athlete agents may be found on the NCAA website.
The following actions are considered activities or conduct of agents:
- Negotiating compensation and/or other benefits for student-athletes in contract negotiations with professional sports teams;
- The giving of advice, counsel and information to student-athletes in the context of negotiating with or preparing for negotiations with professional sports teams;
- Making representations regarding competence, skill or ability to negotiate on behalf of, to determine the potential professional worth of, or to otherwise represent a student-athlete in the context of soliciting individual student-athletes to become clients; or
- Any other activity or conduct which directly bears upon the athlete agent's integrity, competence, or ability to properly represent student-athletes in contract negotiations.
College of the Holy Cross Athlete Agent Regulations
- All representatives must first register with the College of the Holy Cross Department of Athletics prior to contacting any Holy Cross student athletes. Please complete the Athlete Agent Registration form on this site and return it to the Holy Cross NCAA Compliance Office.
- Athlete agents must indicate in writing which Holy Cross student-athletes they wish to contact.
- Upon receipt and review by the Compliance Office, a confirmation of registration will be sent to an athlete agent. Please be advised that no contact is permitted until receipt of confirmation of registration.
- Please make sure all written correspondence to the student athlete is sent to the Holy Cross NCAA Compliance Office in duplicate. The original copy will be distributed to the designated student-athlete. The secondary copy will be kept on file in the Compliance Office.
- All contact with a student-athlete with remaining eligibility must be coordinated through the team’s head coach or the head coach’s designee.
Obligations of Registered Agents
An agent registered under this policy agrees to:
- Abide by all Commonwealth of Massachusetts, Federal, NCAA, Conference, and College rules and regulations (including this policy), which cover agent activities and conduct.
- Update registration information with the Athletics Compliance Office prior to contacting student- athletes.
- Conduct him/herself in a manner to:
- Provide honest, lawful, ethical and effective representation to student-athletes;
- Avoid conflicts of interest that may compromise the interests of student-athletes;
- Avoid any involvement of student-athletes or others in actions that may jeopardize student-athletes' eligibility under NCAA, Conference, and/or College rules;
- Avoid providing or offering to provide anything of value to a student-athlete or another person in return for support of the agent's selection by the student-athlete; and
- Provide current and accurate information including, but not limited to, the agent's professional credentials, clients, or service, to the student-athletes, and their families and friends.
Denial of Registration
The Holy Cross Athletics Department will determine whether to grant or deny the registration or to seek additional information from the applicant. Grounds for denial shall include, but not be limited to, the following:
- Prior conduct of the applicant involving fraud, misrepresentation, embezzlement, misappropriation of funds, or theft;
- Prior conduct of the applicant involving violations of NCAA, Patriot League, Atlantic Hockey Conference, New England Hockey Conference, any professional league, players' association, state, or College rules, including this policy;
- Making false or misleading statements in the registration documents; or
- Any other conduct which adversely affects the competence, credibility or integrity of the applicant in serving as an athlete agent.
In the event that an applicant is denied registration pursuant to this section, Holy Cross Athletics will take appropriate action to discourage contact between its student-athletes and the applicant concerning matters of athlete agent representation.
Upon approval of an applicant's registration form, the athlete agent will receive a written notice of registration. The applicant will then be considered a registered athlete agent at the College of the Holy Cross with the benefits and responsibilities outlined in this policy.
- Such notice is not an endorsement or recommendation of the agent by the College nor is it evidence of an agent's qualifications and abilities to represent student-athletes.
- Acceptance of registration shall not be considered to confer liability upon the College of the Holy Cross for any acts or conduct of the person, whether or not such acts or conduct fall within the activities governed by this policy.
- Approved registration is only valid for the agent to whom it is issued.
- Agents must update the accuracy of their registration information in a timely manner.