College athletes who plan to test the NBA draft waters this spring are finding themselves in the middle of a budding standoff between the NCAA and player agents, according to multiple sources. Many of the more than 150 prospects are picking from a small group of qualified agents as they seek feedback before deciding whether to go pro.
The uncertainty regarding when the 2020 draft will be held and what the pre-draft process will look like because of the coronavirus pandemic has had a trickle-down effect to agents, many of whom say they are focusing on keeping their existing clients with the NBA season -- and future paychecks -- in limbo. That is leaving fewer options for college players looking for guidance before making a decision on whether to go pro or return to school.
"This is not a time to be adding players to your client list; it's a time to consolidate," one NCAA-certified agent told ESPN. "I'll take a no-brainer first-round pick if he falls into my lap, but anything beyond that I'd have to think long and hard about this year. Normally I'd be interested in taking a flier on a kid testing the waters in hopes of developing a relationship for next year, but there's very little that I can actually do to help someone right now with the amount of uncertainty surrounding the professional basketball world."
Last spring, the NCAA passed a new rule that allows players to hire agents to guide them through the draft process. To maintain college eligibility after declaring, prospects must be represented by NCAA-certified agents, who gain that certification through a process that includes:
Having a bachelor's degree and/or being certified by and in good standing with the National Basketball Players Association
Having been NBPA-certified for at least three consecutive years
Annually applying with the NCAA
Successfully completing a $250 background check
Maintaining professional liability insurance
Successfully completing the NCAA in-person exam (or a continuing education requirement)
Paying the annual certification fee ($1,250)
The NCAA gave agents between Aug. 1 and Oct. 31, 2019, to gain certification for the 2020 draft process. Only 24 agents elected to do so, many of whom do not currently represent an NBA player.
The majority of NBA agents opposed the NCAA's certification process, stating in a letter sent through the National Basketball Players Association in September that "competent, established and experienced agents have no incentive to subject themselves to this legislation, and its overly burdensome procedures and oversight."
The letter also charged the NCAA with attempting to gain subpoena power for investigations into rule violations.
After a record 236 early-entry prospects declared in 2018 and 233 declared in 2019, many NBA teams say they expect that the lack of interaction between front-office executives and athletes will force players to return to school in droves. And the uncertainty surrounding the actual date of the draft -- which is scheduled for June 25 but could be pushed back as far as August or September -- is leading to concern among many college coaches that they will be left waiting for an extended period to know what their rosters will look like next season, sources say.
Ninety-one college players removed their names from the NBA's early-entry list last May, including some of college basketball's biggest stars this season, such as Obi Toppin, Jordan Nwora, Devon Dotson, Payton Pritchard and Yoeli Childs.
Multiple college coaches pointed to Childs' situation as an example of how the prospect-agent process could lead to issues in 2020. The NCAA ruled that the BYU forward would be suspended for the first nine games of the season for not submitting appropriate paperwork and receiving impermissible expenses when he worked with an agent while testing his NBA draft prospects.
Once a player signs an agreement with an NCAA-certified agent, the agent may provide transportation, lodging and meals related to meeting with the agent or professional teams.
NCAA rules do allow athletes to seek advice from non-NCAA-certified agents acting as advisers but do not allow those advisers to market athletes to professional teams or provide benefits of any kind.
Early-entry prospects are either choosing between a small group of certified agents -- some of whom lack experience -- or going through the pre-draft process with a non-certified adviser while attempting to follow those mandates to maintain eligibility. Multiple sources expressed skepticism about how players, agents, college coaches, teams and the NCAA will cleanly navigate this new landscape.
"Are they really going to forfeit the remaining college eligibility of 90% of the players that come back, including some of the best players in the country?" one college coach asked. "This is going to be a total mess that we'll have to clean up this fall. My guess is some players weren't aware of the rules, and will end up getting scared they can't go back, forcing them to leave school and then go undrafted because of this."
While it's possible that this unprecedented situation leads to temporary rule changes from the NCAA or the NBA, there hasn't been any movement there yet. In a memo sent on March 17 to college athletic departments, the NBA reminded NCAA head coaches that the "NCAA has advised us that all NCAA rules related to the pre-draft process ... continue to apply to student-athletes who want to preserve their NCAA eligibility."