Posts Tagged ‘Comment’

Note:  This post is essentially a comment responding to a post by Hooper over at RTT regarding the Brian Butler Saga.  I considered posting some of this as a comment on that venerable site, but opted instead to post my thoughts in an actual article.  Thus, I would encourage anyone reading this post to give the original post by Hooper a look.

For a detailed account of Brian Butler’s exploits in the world of college football recruiting you should check out an excellent article written by The New York Times’ Thayer Evans and Pete Thamel entitled “College Recruiting’s Thin Gray Line,” upon which the author of this post also relied.

Brian Butler has been called many things by many people, not all of them are nice.

Butler is a former rapper and call-center manager, and a seemingly respectable football trainer based out of Wichita, Kansas.  At present, Butler is the principal and operator of the Potential Players recruiting service through which he serves as a self-styled, come-lately, “recruiting adviser” to high school football standouts across the country.  A “gifted” self-promoter, he is also the subject of a recently announced investigation by the NCAA.

Brian Butler working a recruit (NY Times / Simmons)

There are many questions being asked about Butler by many people, especially those recruiting high school standout Bryce Brown (which includes Tennessee).  The fundamental question, however, centers on whether he is essentially seeking to act as a sports agent for players being recruited by college football programs.

For now, at least, there is no definitive answer to this query.

The reason that this is an issue is that Butler has widely taken the position that the only way that college recruiters can speak with high-schoolers that he is “advising” is by going through him.  To many, this appears—at least outwardly—that Butler is serving as an “agent” rather than simply as an “adviser.”

Again, why does anyone care?  Under NCAA bylaws, current and potential student athletes are prohibited from retaining agents, and requires that all prospective athletes undergo an amateurism certification process, which includes, among other things, certifying that the athlete has not agreed to be represented by an agent.  On the issue of agents, NCAA Bylaw 12.3 states that:

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.

• See NCAA Operational Bylaw 12.3.1 (PDF )

The NCAA’s website offers additional guidance stating that:

…a student-athlete (any individual who currently participates in or who may be eligible in the future to participate in intercollegiate sport) may not agree verbally or in writing to be represented by an athlete agent in the present or in the future for the purpose of marketing the student-athlete’s ability or reputation. If the student-athlete enters into such an agreement, the student-athlete is ineligible for intercollegiate competition.

Also, a student-athlete may not accept transportation or other benefits from an athlete agent. This prohibition applies to the student-athlete and his or her relatives or friends.

The term “agent” includes actual agents, runners (individuals who befriend student-athletes and frequently distribute impermissible benefits) and financial advisors.

It is not a violation of NCAA rules if a student-athlete merely talks to an agent (as long as an agreement for agent representation is not established) or socializes with an agent.

• via: Overview of NCAA Bylaws Governing Athlete Agents | NCAA.org

Thus, Butler acting as the only means of communication with a recruit could be troubling and potentially a violation of NCAA rules, hence the NCAA investigation.

This raises a particularly thorny set of issues for high school athletes and their families, college athletic departments, high school coaches, college boosters, the NCAA, and State Legislators.  That’s right, I said State Legislators.

For these reasons, I am personally of the opinion that someone—whether it be Butler, athletes, college institutions, or otherwise—will end up paying for what amounts to an infraction that lies in the proverbial “gray area” of the NCAA’s rules.  A violation in spirit, if not in the letter.  The problem is, however, that whether Butler’s conduct violates many rules or none all depends on the perspective applied to the facts, and for the record, I make no assertion that I know or understand all of the facts.

Still, let’s use a hypothetical to illustrate the complexity of the situation.

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