The NCAA Division I counsel has acted to formally adopt the highly anticipated proposal that modifies the requirements for an athlete to transfer and to eliminate the NCAA “Permission to Contact” process for Division I athletes. Currently, student-athletes must seek their current NCAA institution’s permission prior to engaging in recruiting contact and subsequently transferring to a different NCAA institution.

Effective in October 2018, the Division I Proposal 2017-108 amends Bylaw 13.1.1.3 as follows:

13.1.1.3.1 Notification of Transfer. A student-athlete may initiate the notification of transfer process by providing his or her   institution with a written notification of transfer at any time. The student-athlete’s institution shall enter his or her name information into the national transfer database within two business days of receipt of a written notification to transfer from the student-athlete.

Additionally, the proposal codifies severe penalties associated with an institution’s failure to abide by the new procedure.

The amendment’s goal is to reduce and effectively eliminate the interference and influence of coaches or university affiliates from other institutions encouraging student-athletes to transfer without having received permission to contact to do so.

Proposal 2017-108 now codifies a mandatory Level II violation for instances in which university employees tamper with student-athletes prior to the student-athlete clearing the notice of transfer process.

Adoption of the proposal has been received very favorably in the media, but the new system raises concerns with institutions. Division I members are still required to maintain adequate “Academic Performance Rate” scores in order to receive the opportunity for postseason access.

Student-athletes who transfer-out of Division I institutions without meeting specific academic performance benchmarks damage the institutional APR scores of their former school, and the new transfer system will force institutions to monitor student-athlete affairs closely with APR in mind.

Institutions will no longer have the option to decline permission to contact as a mechanism to deter transfers of student-athletes who do not meet APR retention point exceptions.

The notice of transfer system raises a number of unanswered questions that should be answered next fall. For more information about the proposal and institutional obligations and best practice related to implementation of the notice of transfer system, please contact Gregg Clifton or John G. Long at Jackson Lewis P.C.

 

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.