The UTEP Compliance Office is committed to protecting the eligibility of our student-athletes and ensuring compliance with all UTEP, C-USA, NCAA and State of Texas legislation regarding athlete agents. Please review this information carefully and contact the Compliance Office with any questions or concerns.
NCAA Bylaws Governing Interaction Between Student-Athletes and Agents
12.3 USE OF AGENTS
12.3.1 General Rule. An individual shall be ineligible for participation in an intercollegiate sport if he or she ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in that sport. Further, an agency contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport.
12.3.1.2 Exception -- NCAA Certified Agents -- Men's Basketball
12.3.1.2.1 Elite Senior Prospective Student-Athletes. In men's basketball, on or after July 1 immediately before his senior year in high school, a prospective student-athlete identified as an elite senior in accordance with established policies and procedures may be represented by an NCAA-certified agent.
12.3.1.2.2 Enrolled Student-Athletes and Two-Year College Prospective Student-Athletes -- After Request for Evaluation From NBA Undergraduate Advisory Committee. In men's basketball, after the conclusion of the playing season, a student-athlete or a two-year college prospective student-athlete who has requested an evaluation from the NBA Undergraduate Advisory Committee may be represented by an NCAA-certified agent.
12.3.1.2.3 Expenses from an NCAA-Certified Agent.
12.3.1.2.3.1 Expenses Before Agreement. Before signing a written agreement with an NCAA-certified agent, a prospective or enrolled student-athlete (and his family members) who is eligible to be represented by an NCAA-certified agent may receive transportation and meals from an NCAA-certified agent in the locale where the prospective or enrolled student-athlete is located (e.g., locale of home or institution) in conjunction with the process to select an agent. (Adopted: 8/8/18 For an elite senior high school prospective student-athlete, effective date to be determined after NBA and NBPA evaluation of, and determination permitting, the eligibility for high school students to enter the NBA draft. Expenses permissible after appropriate changes to the Uniform Athlete Agent Act, Revised Uniform Athlete Agent Act and relevant state laws.)
12.3.1.2.3.2 Expenses After Agreement. After signing a written agreement with an NCAA-certified agent, the agent may provide the prospective or enrolled student-athlete (and his family members) with transportation, lodging and meals associated with meeting with the agent or a professional team. (Adopted: 8/8/18 For an elite senior high school prospective student-athlete, effective date to be determined after NBA and NBPA evaluation of, and determination permitting, the eligibility for high school students to enter the NBA draft. For an enrolled student-athlete or two-year college prospective student-athlete, effective immediately.)
12.3.1.2.4 No Missed Class Time. A prospective or enrolled student-athlete shall not miss class in conjunction with the agent selection process or to meet with an agent or professional team.
12.3.1.2.5 Written Agreement. An agreement between a prospective or enrolled student-athlete and an NCAA-certified agent shall be in writing. An agreement that involves a prospective student-athlete shall be disclosed to the NCAA national office. An agreement that involves an enrolled student-athlete shall be disclosed to his institution. If a high school prospective student-athlete does not sign a contract with a professional team, the agreement must be terminated before full-time enrollment. If an enrolled student-athlete or two-year college prospective student-athlete does not sign a contract with a professional team, the agreement must be terminated before full-time enrollment in the ensuing regular academic term.
12.3.1.2.6 Compensation for Representation. A prospective or enrolled student-athlete is not required to compensate an NCAA-certified agent for his or her services.
12.3.1.3 Representation for Future Negotiations. An individual shall be ineligible per Bylaw 12.3.1 if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.
12.3.1.4 Benefits from Prospective Agents. An individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from:
a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general; or
b) An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete's sport.
12.3.2 Legal Counsel. Securing advice from a lawyer concerning a proposed professional sports contract shall not be considered contracting for representation by an agent under this rule, unless the lawyer also represents the individual in negotiations for such a contract.
12.3.2.1 Presence of a Lawyer at Negotiations. A lawyer may not be present during discussions of a contract offer with a professional organization or have any direct contact (in person, by telephone or by mail) with a professional sports organization on behalf of the individual. A lawyer's presence during such discussions is considered representation by an agent.
UTEP Athlete Agent Policy (PDF)
NCAA Agent Information for Student-Athletes
Texas Agent Act (PDF)
Texas Secretary of State, Frequently Asked Questions About the Agent Act
Please review the list of frequently asked questions regarding the Texas Agent Act. This list was developed by The Office of the Secretary of State of the State of Texas.
Visitation Period
UTEP has scheduled a time period in which we will arrange meetings between registered Sports Agents and our student-athletes. This time period is TBD for the 2019-20 academic year.
*Please note that only sports agents registered with the State of Texas will be provided the opportunity to meet with our student-athletes. Interviews will only be scheduled with student-athletes entering their last year of intercollegiate athletics eligibility.
