The elimination of the National Football League Player Association’s regulatory authority over agents following the union’s decertification has prompted several states and universities to take a closer look at their laws and rules to ensure maximum protection for their student-athletes.

At the university level, in communications to all agents who served as Certified Contract Advisors prior to the NFLPA’s decertification, the University of Oklahoma and the University of Georgia have made clear their intention to strictly enforce all university policies and state laws restricting agent access to their student-athletes.

James Leonard, the University of Oklahoma’s Executive Director of Compliance, cautioned agents that Oklahoma state law and university policy restrict agent contact with football “underclassmen” who are not eligible to enter into a professional sports contract. He added that any conduct contrary to the law or the university policy may lead to both criminal and civil penalty. In addition, he cautioned agents that “contact” is interpreted broadly and includes Facebook friending. 

The University of Georgia amended its current policy regarding student-athlete dealing with prospective agents, financial advisors, or their recruiters. It announced a formal prohibition against sports agents, financial advisors, and anyone else recruiting student-athletes for any reason, from having any form of contact, verbal or in-person, with any Georgia underclass football player, their family or friends. In addition, anyone, other than sports agents, is prohibited from contacting a University of Georgia student-athlete until their athletic eligibility has expired.

In addition, the school released a detailed schedule of permitted contact dates throughout the year for senior and “redshirt” senior athletes. The schedule limits access and provides specific times and potential methods of communication for those interested in representing Bulldog players. 

 

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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.