The NFL Players Association is considering tightening its rules governing contact between agents and college players in the wake of reports that Heisman Trophy-winning running back Reggie Bush received improper financial benefits from marketing representatives while he was at the University of Southern California.
Gene Upshaw, executive director of the union, said he plans to propose a rule that would prohibit agents from contacting players until after they have declared themselves eligible for the NFL draft.
Under current union regulations and NCAA rules, agents are permitted to contact players at any point. But they're prohibited under union regulations from participating in any activity that could cause a player to lose his NCAA eligibility, such as signing a player to a representation contract while he's still playing college football or giving a player cash payments, loans or gifts.
The NFL players' union is in charge of the certification and discipline of agents.
"We are having internal discussions," Upshaw said. "I would like to see us strengthen the rules on recruiting. I want a rule that states an agent cannot approach a player until he has declared he is coming out for the NFL draft."
Yahoo Sports reported last week that Bush and members of his family accepted gifts, money and other benefits worth more than $100,000 from two marketing representatives during his USC career. The NCAA is investigating the case and could impose sanctions if it is found that infractions occurred. USC possibly could be stripped of its 2004 national championship and Bush, now with the New Orleans Saints after being selected with the second overall choice in the draft in April, could be forced to forfeit his Heisman if he's found to have been ineligible.
Meanwhile Brian Watkins, the attorney for agent Michael Michaels, told USA Today that he plans to sue Bush "probably within the next 30 days," alleging fraud. Michaels is one of two agents accused of giving Bush money and gifts.
"They never had any intention of going forward with my client. Reggie had his hand out to (Mike) Ornstein the whole time," Watkins said. "We want to incorporate the (latest) information (in the suit) because it proves fraud on the part of the Bushes."
The union regulates agents, not players' financial advisers or marketing representatives. Agents must be certified by the union to represent players and are subject to being fined, suspended or otherwise disciplined for violations of the union's rules governing conduct. Players' financial advisers are regulated by the union only under a voluntary program.
Richard Berthelsen, the union's general counsel, said yesterday that the players' association can regulate marketing representatives "to the extent they're working with contract advisers. You can't allow an agent to do through other people what he can't do himself."
Agents are responsible for any improper benefits given to players through third parties on their behalf, Berthelsen said, adding that agents have been disciplined by the union in the past for gifts given to players through other people. Berthelsen said it's also possible that the union could enact rules to govern the activities of marketing representatives more directly.
"When this kind of subject comes up, that gets discussed," Berthelsen said.
Under the rule that Upshaw envisions, agents could not contact a player until he enters the NFL draft as an underclassman or plays his final college game as a senior. Berthelsen said the proposal likely will be discussed first by members of the union's committee on agent regulation and discipline, a group of former and current NFL players, and then put to a vote of player representatives at their annual meeting in March. He said the union will consult with NCAA representatives for input.
Union officials decided to act not only because of the Bush allegations, but also because of incidents that included an agent attending a high school player's news conference announcing his college choice.
"The rumors every year about who's doing what are voluminous," Berthelsen said. "We're not only talking about what's been revealed about that one situation, but others that we hear about.
