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College Sports, Division I, Education

Tulsa Transfer Jordan Clarkson’s Complaint: NCAA Rules on Permission to Contact for Recruiting Purposes

Jeff Eisenberg posted a blog on the Yahoo! Sports website concerning the plight of University of Tulsa men’s basketball student-athlete Jordan Clarkson. Clarkson is seeking a transfer from Tulsa. According to Eisenberg, the student-athlete “informed the Golden Hurricane of his intent to transfer and submitted a list of nine schools he wanted to have permission to contact”. Clarkson’s father “insists those nine are neither members of Conference USA nor future opponents for Tulsa”. However, according to the blog post, Tulsa athletic director Ross Parmley “only granted three of the schools permission to contact Clarkson. That leaves Clarkson with the option of transferring to Vanderbilt, Colorado or TCU if those schools have interest and a scholarship for him, or paying his own way at a school of his choice”. Clarkson’s father responded by declaring the decision to be “an abuse of power”. However, NCAA legislation provides discretion to its member institutions on this issue. The legislation is included below:

NCAA Bylaw 13.1.1.3 – Four-Year College Prospective Student-Athletes. An athletics staff member or other representative of the institution’s athletics interests shall not make contact with the student-athlete of another NCAA or NAIA four-year collegiate institution, directly or indirectly, without first obtaining the written permission of the first institution’s athletics director (or an athletics administrator designated by the athletics director) to do so, regardless of who makes the initial contact. If permission is not granted, the second institution shall not encourage the transfer and the institution shall not provide athletically related financial assistance to the student-athlete until the student-athlete has attended the second institution for one academic year. If permission is granted to contact the student-athlete, all applicable NCAA recruiting rules apply.  If an institution receives a written request from a student-athlete to permit another institution to contact the student-athlete about transferring, the institution shall grant or deny the request within seven business days (see Bylaw 13.02.1) of receipt of the request.  If the institution fails to respond to the student-athlete’s written request within seven business days, permission shall be granted by default and the institution shall provide written permission to the student-athlete.  (Revised: 1/10/91, 1/16/93, 1/11/94, 4/26/01, 4/29/04 effective 8/1/04, 4/29/10 effective 8/1/10)

NCAA Bylaw 13.1.1.3.1 – Hearing Opportunity. If the institution decides to deny a student-athlete’s request to permit any other institution to contact the student-athlete about transferring, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and nonathletics faculty/staff members).  The institution shall conduct the hearing and provide written results of the hearing to the student-athlete within 15 business days (see Bylaw 13.02.1) of receipt of the student-athlete’s written request for a hearing.  The student-athlete shall be provided the opportunity to actively participate (e.g., in person, via telephone) in the hearing.  If the institution fails to conduct the hearing or provide the written results to the student-athlete within 15 business days, permission to contact the student-athlete shall be granted by default and the institution shall provide written permission to the student-athlete.  (Adopted: 1/11/94, Revised:  9/18/07, 4/29/10 effective 8/1/10)

To read the complete blog post, click here.

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About Michael L. Buckner, Esquire

An attorney who provides clients with internal investigation, civil litigation, estate planning and compliance services.

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