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Tuesday, May 20, 2008
 
California's Miller-Ayala Act and the O.J. Mayo Situation

Most states have a statute regulating agents that is modeled after the Uniform Athlete Agents Act. The one in California is not based upon that model, but section 18897.6 of the California Business and Professions Code does seem to apply to the Mayo allegations:
“18897.6. No athlete agent or athlete agent's representative or employee shall, directly or indirectly, offer or provide money or any other thing of benefit or value to a student athlete.”

The USC Trojans website actually contains a link to the Miller-Ayala Act at http://usctrojans.cstv.com/genrel/usc-agent-page.html.

I wonder if anyone in the California Office of the Secretary of State is looking into this.





8 Comments:

Ed - The Secretary of State doesn't have a role in enforcement, it collects filing fees and houses all of the athlete agent disclosure statements. The Act specifically encourages enforcement through private civil actions (Sec. 18897.8(c)) and enforcement of Sec. 18897.93 (making it a misdemeanor to violate the Act) would be done through a district attorney's office.

Blogger Joshua Golka -- 5/20/2008 11:24 AM  


Thanks for the clarification. I should have read further in the act.

Blogger Ed Edmonds -- 5/20/2008 11:30 AM  


So what private entity would bring an action? USC? Mayo? NBAPA? That doesn't really seem to remedy this issue.

Anonymous Anonymous -- 5/23/2008 11:34 AM  


I would assume that the action would come from either the institution, the athletic conferance, or the NCAA.

Blogger Jimmy H -- 5/23/2008 12:33 PM  


And that's why it doesn't make sense. USC will not bring an action until this is resolved with the NCAA which could be awhile. The Pac-10 and NCAA (more likely) have their own remedies through their organization. Hard to see someone privately filing suit here.

The only entity that I think might would be the NBAPA, but again, I think it will be handled internally.

Anonymous Anonymous -- 5/23/2008 12:54 PM  


Someone should start looking into USC. This is the 2nd time a young man was given money and gifts in the last couple years. Reggie Bush, Mayo, Who is next?

Anonymous Kuhn -- 5/27/2008 10:51 AM  


is it wrong for a coach to receive cash from a slush fund?

Anonymous Anonymous -- 8/30/2009 7:48 PM  


is it wrong for a coach to receive cash from a slush fund?

have evidence; not sure what to do with.

Anonymous Anonymous -- 8/30/2009 7:54 PM  


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