POSTED: Tuesday June 1st 2010
FOR IMMEDIATE RELEASE

UK's Bledsoe and High-profile Prospects: When Relying on the NCAA Eligibility Center Is Not Enough

The Michael L. Buckner Law Firm Presents: Collegiate Administration Best Practices

According to a March 28, 2010, New York Times article, the NCAA is reviewing the academic history and recruitment of former University of Kentucky men’s basketball student-athlete Eric Bledsoe. The article claims the NCAA is investigating Bledsoe’s high school transcripts, whether illicit payments were made for an apartment shared by him and his mother, and whether his high school coach requested money from institutions recruiting the young man. Bledsoe declared for the National Basketball Association (NBA) draft after one season at Kentucky. According to media reports, Kentucky stated Bledsoe, as a high-profile student-athlete, participated in an “extensive PSA review by the NCAA Eligibility Center and was cleared academically”.

The Bledsoe case is an important reminder for NCAA member institutions not to rely on the NCAA Eligibility Center as the only agency involved in the academic and amateurism review of high-profile student-athletes. As the University of Southern California (O.J. Mayo) and the University of Memphis (Derrick Rose) experienced in recent NCAA infractions cases, major NCAA rules-violations involving high-profile student-athletes can be alleged and/or found even though the NCAA Eligibility Center clears the student-athletes to play.

Presidents, general counsel and athletics administrators should pursue strategies to minimize the institution’s liability concerning rules-violations involving high-profile prospects. One way involves conducting a comprehensive due-diligence review of a high-profile prospect. The due-diligence review can be performed by institutional employees (e.g., senior compliance administrator) or an outside agency (e.g., Michael L. Buckner Law Firm).

WHAT ARE “HIGH-PROFILE PROSPECTS”?

A high-profile/blue chip prospect describes a prospective student-athlete:

· Who is a “one and done” basketball student-athlete;

· Who generates significant attention from professional scouts, sports agents and professional teams; and/or

· With an athletics history that cannot be verified through a cursory evaluation.

WHAT IS A DUE-DILIGENCE REVIEW?

A due-diligence review provides an institution with a thorough analysis of a high-profile prospect’s academic and athletics history in the context of NCAA legislation. For example, due-diligence reviews should address the following issues:

· Academic history at prep schools and other institutions.

· Dramatic improvements in grade point averages or standardized test scores.

· Benefits from a sports agent or prospective agent.

· Professional sports team contracts.

· Compensation for athletics participation.

· Prize money above actual and necessary expenses.

· Participation in athletics competition with professionals.

· Tryouts, practice or competition with a professional team.

· Sports agent representation agreements.

· Applicability of the organized-competition rule.

The due-diligence review should collect information from various sources, including:

· Interviews of prospects, parents/guardians, “parties of influence” and other persons.

· Background checks of sports teams and leagues.

· Background checks of real property and vehicle ownership.

· Background checks of criminal/civil court records.

· Public/private database research.

· Other investigative techniques.

MORE INFORMATION

University administrators seeking more information on due-diligence reviews are invited to contact attorney and private investigator Michael Buckner (mbuckner@michaelbucknerlaw.com; 954-941-1844).

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Issues of Collegiate Administration Best Practices can be downloaded on the “Best Practices and Information Nuggets” page of the Michael L. Buckner Law Firm website (http://www.michaelbucknerlaw.com).

You can contact Michael L. Buckner, Esquire, P.I., (954-941-1844; mbuckner@michaelbucknerlaw.com) if you have any questions on this issue or need to address a complex NCAA enforcement investigative or appellate issue.

The Michael L. Buckner Law Firm, a boutique legal and investigative firm, assists college and university presidents, general counsel and athletic directors address complex NCAA enforcement investigations and appeals. The law firm website can be found at http://www.michaelbucknerlaw.com.

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Keywords · Michael Buckner Law · NCAA · college sports

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Name: Michael L. Buckner Law Firm
Organization: Michael L. Buckner Law Firm
Email:
Phone: (954) 941-1844 (Office)
URL: http://www.michaelbucknerlaw.com

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