Application of the UAAA, RUAAA, and State Athlete-Agent Laws to Corruption in Men's College Basketball and Revisions Necessitated by NCAA Rule Changes

Abstract

Federal authorities recently shocked college basketball stakeholders, the general public, legal analysts, and the NCAA by investigating and bringing federal criminal charges against men’s college basketball coaches, individuals associated with Adidas, and athlete advisors for their involvement in two illicit schemes taking advantage of elite men’s basketball student-athletes. Interestingly, most states have laws prohibiting some of the defendants’ activities. However, throughout both the ensuing legal process and NCAA’s response to the federal investigation, it is clear that many have overlooked these state laws which, if properly monitored and enforced, could have mitigated the likelihood of the unfortunate behavior at the center of the scandal.

This Article details the investigation, charges, and legal proceedings associated with the men’s college basketball scandal. Most states have adopted the Uniform Athlete Agents Act or the Revised Uniform Athlete Agents Act to regulate the behavior of athlete-agents and protect universities. The Article examines application of these acts and state laws to the defendants’ actions, concluding that, though the defendants’ actions triggered application of the acts, the defendants failed to abide by the acts’ requirements and prohibitions. The Article describes the NCAA’s swift response to the federal investigation, which included unilaterally and radically revising some of its longstanding rules regarding athlete-agents. However, due to these changes, several of the acts’ provisions no longer align with NCAA rules. The Article concludes by suggesting revisions to the acts to align them with the recently revised NCAA rules.

Keywords: NCAA, Basketball, Sport Law, College Athletics, Corruption, Bribery, Criminal Law, NCAA Legislation, Agent, Agency Law