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to our Sons Over the past 9
weeks we have taken a critical look at the business of sport from the perspective
of African American professionals and concluded that perhaps the best way for
us to increase our share of the $232 billion sports pie is for more African American
professionals to be selected for the role of agent/attorney to the African American
professional athlete. FAIR (FraserNet Athlete Initiative for Reform) was borne
out of the need to get African American professionals in front of prospective
and current professional athletes of color. A socially conscious African American
agent/attorney, as “quarterback” should be more likely to direct the
athlete to African American accountants, automobile dealers, bankers, financial
planners/investment advisors, insurance professionals to fill out the athlete’s
professional team. As our role in representing professional athletes is increased,
so should the influence of the African American athlete in sport and in the community.
The early results of the FAIR initiative are
encouraging. We have networked to get in front of a number of great prospects
for the 2007 NFL draft. Based on a new proposal by the head of the NFL Players
Association, Gene Upshaw, the utility and importance of networking will be elevated
to a higher level. Under Upshaw’s rule, agent/attorneys would be able to
speak only to college players who have declared for the draft. For seniors, the
rule would restrict contact until after the final game of the season. For juniors,
the rule would restrict contact until the 2-week window when an underclassman
can request an NFL evaluation to decide whether to leave or return to school. There
are a number of problems with the proposed rule. First, the rule would give an
unfair advantage to agents who also represent top coaches. Many of the top coaches,
including Pete Carroll of USC who asked Upshaw to help shield players from agents
because of the Reggie Bush situation (NCAA investigating allegations that Bush
and his family received upwards of $100,000 in illegal benefits/payments), are
represented by agents. Often, the coach’s agent winds up representing the
pro prospects under their coach-clients. Gary Uberstine, who represents Carroll,
also represents a host of former USC players. The agent for Dean Smith at North
Carolina and John Thompson at Georgetown has also represented most if not all
of the pro prospects from those schools. There are countless other similar situations
throughout the coaching fraternity across the country. Second,
there are rules on the books at both the NCAA and NFL Player Association level
that already prohibit the Reggie Bush-like situation. There are numerous cases
of illegal benefits notwithstanding the current rules. If agents and players are
violating the current rules, why will the proposed Upshaw rule make a difference?
One thing the proposed rule will do for sure. If adopted, the Upshaw rule will
provide an unfair advantage in accessing athletes of color to the agents who represent
their college coach. With only 5 African American head coaches at the 119 Division
1-A colleges and universities (with nearly 45% African American student athletes),
networking to connect with someone with no more than 2 degrees of separation from
the African American student athlete and/or his family is a must if African American
professionals are to gain any significant presence in terms of dollars and cents
in the sports industry. Finally, the proposed
rule ignores the need for information on the part of the athlete. Our sons are
being made off-limits to us while their coaches and their agents are going to
the bank! If you are concerned about the proposed rule and a system which keeps
us from our own, then please join the FAIR team and help us get connected…to
make a difference. If you have questions
or require additional information, please contact Everett L. Glenn, Esq. at eglenn@espsportslawpro.com
or call 562.619.8460.
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