Tuesday, May 13, 2008

Calling All Lawyers - Sue the College Athlete

Another O.J. problem in L.A.

Reports surfaced earlier this week about O.J. Mayo's lucrative year at USC, including cash, clothing, etc. Raise your hand if you are surprised.

I didn't think so.

There are a million aspects to the story - USC's inability to police its athletics program (Reggie Bush, Jeff Trapagnier, Mayo), the continued exploitation of young athletes, the look-the-other-way mentality of overpaid coaches, the NCAA's one-year rule, etc.

What is the solution?

There is no policing the agents. There will always be agents out there trying to land the next big thing before he becomes a millionaire. These are clearly slimeballs of the slimiest order, but they are doing nothing wrong in a legal sense. They are giving gifts and money in the hopes of landing future agent contracts. Sleazy - yes. Illegal - no.

The athletes are tough to blame too. Many of these athletes come from broken homes and terrible poverty. Why wouldn't they take some new clothes and some spending cash?

Here is my solution - sue the athlete. Why can't USC sue O.J. Mayo for damages for the up-coming, inevitable NCAA sanctions. Why can't a university have its prospective athletes sign a binding contract that forbids taking outside gifts, cash, etc. lest they be sued for future earnings?

If USC is put on probation because of O.J. Mayo, it will lose scholarships, possibly television coverage, post-season possibilities and millions of dollars in lost revenues. Sure, USC is somewhat at fault, but so is O.J. Mayo.

Sue him.

Mayo is about to be a multi-millionaire. Sue him. Garnish his future wages. Mayo faces no punishment for his actions when the Trojans are put on probation. The agent who bought him clothes and cars faces no punishment. USC gets punished - why can't it seek compensation for their actions. The agent you can't get, but why not Mayo?

So far as I can tell, this is the only way to stop the problem. David Stern does not want straight-from-high-school kids ruining his league with terrible play and immature behavior, so all the crying about the age limit is pointless. The NCAA cannot, and should not, fix that. For every O.J. Mayo who uses and abuses his university, there are going to be dozens of kids who stick around and get a diploma because their games are exposed an not-ready-for-the NBA just yet. The rule, despite being blamed by reactionaries for Mayo's discretions, is not the problem.

Neither are the universities. Boosters and fans demand winning teams. To build winning team, these schools must recruit the best athletes - the same ones being preyed upon by sports agents. The environment is already set. What can universities do? Ask for receipts every time a kid wears a new pair of pants?

Coaches are now paid millions of dollars to win games. Can you blame them for looking the other way when their superstar meal-ticket drives up in an Escalade? Ask Tubby Smith what thanks you get for running a good, clean program.

If people really have a problem with this situation, holding the player financially accountable is the best and only way to stop it. When a player signs his letter of intent, he also signs a binding legal document that outlines his culpability if he breaks NCAA rules that put the school on probation. If a player like Mayo does not want to sign it, he can play in the NBDL or overseas instead of college ball. If he wants to play in the NCAA, he has to follow the rules or risks giving up future earnings.

You want to fix this problem, listen the wisdom of AC/DC. Money talks.

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