James Paxton’s fight with the NCAA brings out everything I hate about organized sports.  When it becomes all about money, power, and respect, people suffer.  Those, like Paxton, who do nothing illegal, unethical, nothing out of hatred or spite, but still get punished, show the problems that may exist in organized sport.  When institutions grow in strength, they feel that they can do whatever they please.  In this case, the institution won.  James Paxton was pushed away from the University of Kentucky, the university he came back to after passing up a seven-figure offer from the Toronto Blue Jays.  This is the NCAA’s way of saying thanks, but no thanks.  We have a boatload of student-athletes; you are just one unnecessary person in a large group of college baseball players.

Here is my most recent post, which explains some more about James Paxton’s situation, in case his name does not ring a bell.  The gist: The University of Kentucky suspended Paxton because he would not cooperate with NCAA investigators who wanted to question him about his advisor (Scott Boras) supposedly having direct communication with someone from the Blue Jays front office after Paxton was drafted last year (an NCAA rule violation).

After James Paxton withdrew from the University of Kentucky, the institution of higher education released the following statement (with my emphases added in certain parts):

The University of Kentucky is very disappointed in James Paxton’s decision to not meet with the NCAA about a potential amateurism issue. No one wanted James on the mound in a Kentucky uniform more than UK head coach Gary Henderson, athletics director Mitch Barnhart and the UK Athletics staff. Due to the possibility of future penalties, including forfeiture of games, UK could not put the other 32 players of the team and the entire UK 22-sport intercollegiate athletics department at risk by having James compete. It’s about the team and giving student-athletes the opportunity to achieve their goals. Throughout the process, UK has remained confident that James would be able to pitch for Kentucky during the 2010 season and UK offered every bit of assistance to aid James in that NCAA process.

UK does not know all the facts of last summer’s post-draft interaction among James, his advisors and the Toronto Blue Jays and has not prejudged his situation. James has an obligation under NCAA Bylaw 10.1 (j) to answer questions that relate to his amateur status. On advice of his counsel, James has elected not to be interviewed by the NCAA. UK has offered to pursue an immediate application for reinstatement for James with the NCAA if that became necessary. However, no request for reinstatement of his eligibility can be made based on mitigating circumstances until the student-athlete and his family cooperate and make all facts known to UK, with the NCAA having the opportunity to verify those facts. UK has never been provided all pertinent information from James and his family, who are following the legal advice of his attorneys not to be interviewed by the NCAA. Without knowing all the facts, UK cannot present mitigating circumstances to the NCAA on James’ behalf.

UK is more optimistic than James and his family that any period of ineligibility could be shortened to allow James to pitch during the last and most important part of the season, the Southeastern Conference schedule. So it is disappointing that James is unwilling to go through the normal NCAA process, allowing UK to appeal for him, if necessary. The University of Kentucky is sad to see James leave its baseball team, especially after other players gave up portions of their scholarships in August so that he would have a substantial scholarship for his senior year.

While UK is extremely disappointed in the decision made by James to not meet with the NCAA, he will always be a member of the Wildcat family. UK hopes that James will stay and earn his degree and wishes him the best in his professional baseball career. Should James change his mind and be willing to cooperate with the NCAA inquiry, the door is open for him to return to the UK baseball team and UK will seek any immediate appeal necessary for his reinstatement.

If it truly is about the team and giving student-athletes the opportunity to achieve their goals, wouldn’t that mean that the team/school would rally behind its individual athletes?  Does UK think that the stance it has taken will encourage future baseball players to attend its school any more after not backing up one of its own student-athletes?  And that sentence about UK being sad to see Paxton leave, especially after other players gave up portions of their scholarships…Please!  Do you care about Paxton, or do you wish you had the money to pay the other guys?

Now take a look at Paxton’s attorney’s statement regarding Paxton’s decision to leave UK.

In light of UK’s decision to issue a press release Friday evening, I feel compelled to explain this sad state of affairs, none of which would be occurring, if UK was not scared to death of the NCAA.

UK’s fear of the NCAA has resulted in UK withholding James from intercollegiate baseball competition, when there are no allegations or evidence against him, when he is eligible to play, and when UK admits that it cannot compel James to speak to the NCAA. This fear is based upon the unsupported supposition that someday allegations would be filed against James predicated upon some unknown set of facts that would result in some unknown NCAA retaliation down-the-line.

As everyone knows, James turned down a lot of money from the Toronto Bluejays to come back to UK to play with his teammates and for his coach with the hopes of reaching the post-season and the possibility of winning the College World Series for the Wildcats.

The past several months have been very challenging for James and his family as well as for his teammates and coach. To the many who have stood by him, he is forever grateful for their support.

Much has been speculated about why the NCAA wishes to interview James, even though UK admits that it does not know, and this speculation has focused on a single, unverified blog entry, which is vague at best. However, the implication is that James’ attorney violated the NCAA’s No Agent Rule, which attempts to limit his attorney’s representation of him, and which would be held invalid in Kentucky, if James were ever charged with such a violation—just like it was held invalid in Ohio in the Oliver v. NCAA case last year. The NCAA’s presumptive penalty for a No Agent Rule violation is permanent ineligibility, and not six games or the like that has been bandied about as a possible sanction for such a violation.

Some people wonder why James won’t just go to an NCAA “interview,” if he has nothing to “hide,” so let me tell you why:

First, at UK, students have due process rights under its Code of Student Conduct, faculty have these rights by Kentucky statute, James’ coach and the athletic director have these rights via their lucrative contracts, and UK has these rights via NCAA Bylaw 32, which affords it the rights, when it is being investigated, that it has ironically denied to James. In addition, all of these persons have the rights guaranteed by the Kentucky Constitution. However, James is being denied these rights. Indeed, despite making massive profits on the backs of student-athletes, the NCAA provides no due process protections to student-athletes like James;

Second, what the NCAA cloaks as an “interview” is in reality a prosecution and execution by ambush without notice of what the subject matter will be. On top of that, the NCAA sometimes relies on confidential witnesses, dubious so-called “evidence,” like blogs, without any standards for credibility or weight, and so on. The NCAA acts like an unscrupulous bully by doing essentially whatever it wants without regard to the rights of student-athletes;

Third, at the end its prosecution and execution of a student athlete, the NCAA, does not even have to put its reasoning or the alleged violations in writing to James. With absolute power over the athlete—as the UK AD put it, “the NCAA holds James’ life in its hands”—the NCAA is completely unaccountable to student-athletes;

Fourth, the schools like UK, which described itself to James as just the NCAA’s messenger, are forced to do the NCAA’s dirty work. Under NCAA rules, only UK can suspend James, and all suspensions are indefinite by definition. Indeed, UK indicated to James back in September that, if he went to the NCAA “interview,” he would be suspended— even though UK said that it did not know why. Thus, James has already been told going to an interview means suspension, and under NCAA rules, the suspension is indefinite and possibly forever;

Fifth, in December, James was told by UK that, if the interview was about the No Agent Rule, and if James went to the “interview” and asserted his attorney-client privilege regarding his communications with his attorney, it would be interpreted as not cooperating, and he would be suspended. In fact, UK told James that the NCAA Bylaws superceded his right to have confidential and privileged communications with his attorney, which is mind-boggling. In a nation built upon due process and equal protection, the NCAA’s refusal to respect student-athletes’ right to counsel is staggering;

Sixth, once suspended, only the NCAA can reinstate James, and it can impose whatever penalties it wants as a condition of reinstatement. James has no right to even seek his own reinstatement, and only UK can supposedly “represent” him on reinstatement, subject to whatever position regarding his future it decides to take, even if James disagrees with it. Thus, in layman’s terms, the NCAA has banned James from having any individual right to appeal, so it can do whatever it wants to him, and he has absolutely no recourse of his own; and

Seventh, UK which is beholden to the NCAA, scared of the NCAA, and the selfdescribed messenger of the NCAA, stated in its press release that it is “disappointed” that James is unwilling to go through “the normal NCAA process.” This is astonishing, because in a civilized society, the “normal NCAA process” is hardly normal and is about as un-American as it can get. Hypocritically, UK and the other NCAA members do not believe that such a process would be fair to them, since they have negotiated their own due process protections that apply to them, when they are investigated by the NCAA.

James’ lawsuit against UK was a civil rights case under the Kentucky Constitution, where he challenged the denial of due process rights to student-athletes, yet the circuit court did not even discuss the merits of this challenge. Likewise, the court of appeals did not analyze or even discuss any of the specific arguments advanced on James’ behalf, and, instead, it blamed James for this situation, which was hardly of his own making. While James could have sought discretionary review in the Kentucky Supreme Court, any such review, if at all, would most likely have come long after the baseball season was over, thus making the effort a futile one, all the while leaving James in limbo during the remainder of the season.

At some point, James believes you have to stand up for what is right, and James has decided to do so by taking a leave of absence from the University. James understands that his life will be defined by his principles, and he is making a heartbreaking sacrifice to stand up for what he believes is right. James is a wonderful young man with a bright future, and he will emerge from this process stronger and wiser than he was before. I look forward to that day very soon, when I will be able to see him pitch in the Major Leagues.

In conclusion, James apologizes to his teammates and coach, who are stuck in the middle, just like he is. James wishes his teammates and his coach a successful season, and he will be there in spirit cheering them on. James is and always will be a Wildcat at heart.

Sad ending to a sad story.

Baseball

• Some interesting ideas include: increase scholarships, bring back the one-time transfer rule, make a switch to wooden bats, and push the MLB Draft to after the CWS [College baseball still needs major changes].
• Big ATL agents (France – football and Abbott – baseball) will be in attendance [First Ever Brian McCann Celebrity Softball Game Set for 11/13].
• Quite a line from Boras: “If stem-cell research were around, you’d want to tap into that gene pool.” [Scott Boras is making pitch for Johnny Damon's free agency this winter]
• The Arizona Fall League has produced a lot of very successful Major League players [Scout's Diary: AFL Still A Great Secret].

Football

• Surprised that Antonio Gates is not in the top 10 paid TEs? [Under the Cap: Top Ten Tight Ends]
• I also hate the uniforms, but glad to see that NFL execs are taking a peek at the talent [Don't discount the UFL].
• Josh Morgan seems to be taking the news pretty well [Report: Crabtree likely to start for 49ers].

Sports Agents

• Former sports agent, Alonzo “Lon” Monk, was up to some shady business [Ex-Blagojevich aide pleads guilty to corruption].

I was recently asked for my take on whether a kid should sign a professional baseball contract out of high school or attend college first. Let me preface that there is no right or wrong answer to this question. Each player is unique and if they are fortunate enough to have this decision to make someday, they will be playing baseball regardless of choice, which is the root of the decision.

Imagine you are one of the select few high school senior baseball players in the country, you are 18 years old, and you have the dream of playing major league baseball someday. Now imagine just being a typical teenager who always felt education continues past high school and into college. It has been said that 98% of learning on a college campus happens outside the classroom. Campus life, campus community, meeting new people, making lifelong friends, working towards a degree, maturing as a person and dealing in a new social atmosphere. Growing up within the overall college experience as a young man. You get to do this only once at this stage of life. This has value.

Now you can add in the student-athlete label. You will be part of a team that plays for a common goal. You will continue to develop as a player, a teammate, a friend. You will represent your institution, your coaches, teammates, and student body. You will be a part of the fabric of your chosen institution. This has value.

You will transition into a more independent person while having multiple support systems including your coaches, academic advisors and fellow teammates. During these 3-4 years of personal growth and development, the goal of professional baseball will still be there in most cases. The idea of being away from home will become less an issue. Time management skills will be enhanced, routines will become, “routine”, and you will be at, or near a complete college education. And you play baseball too. This has value.

Keep in mind that there are always kids who have no desire to attend college. For this article, let’s exclude them simply because they just want to play baseball only, whether they were the high school class valedictorian or barely skated by.

I chose to interview some players and/or parents of minor league rookie ball and A ball levels. One common thing they all said was that baseball is a business, and you learn that fast. Several also mentioned difficulties in filling the idle time each day when baseball wasn’t to be played or practiced. Does a rookie find a job, take extra cuts at the field, sit around watching daytime TV, take online classes? Experts in baseball, which I am not, have stated that the 8 hours each day a professional baseball player is not sleeping or playing baseball can be the difference in progressing versus regressing. College students fill that time being college students. This has value.

So what are some of the factors a high school senior, committed to a college baseball program needs to evaluate if he gets drafted and has to make a choice?

The economic term “opportunity cost” is basically the benefit foregone by making one decision over another. I am one who believes that this is the core value in the entire equation. Others may believe the theory that “it just feels right” is another basis. Let’s talk about value, then investment.

• What is the value assigned to spending 3-4 years in a college social atmosphere starting at age 18?
• What is the value of being a contributor on a college baseball team?
• What is the value of college baseball instruction?
• What is the value of a college degree? After 3 years of college?

It is difficult to assign dollars to these equations simply because each case is very unique. Some student-athletes use college mostly for its intended purpose, to get more education and a degree. Others use the college venue for baseball only to attempt to get drafted, or enhance their draft value in future years. Most juggle both aspects tremendously. These are the players proponents of the pro game say are being surpassed by their peers by spending time in college versus getting minor league instruction right after high school. They may be right in some cases, and wrong in some cases, but nobody has the correct answer.

I spoke with a few advisor/agents. If a student who holds a degree can make a $50,000 starting salary after graduation, then start with 4 years of minor league time spent instead of getting that degree, or $200,000. From there you can add the CSP(College Scholarship Plan) of approximately $20,000 per year, or another $80,000. In hard dollars the initial bonus should at least be $280,000, which according to slot recommendations start in the 3^rd/4^th rounds of the draft. The hard part, especially in a quasi-negotiation is the value of the opportunity cost mentioned. This is the amount that affects signability or the fact a kid is even drafted at all. Some blue-chip and 2^nd tier high school stars make it very clear what their respective price tags are, and these are the ones who fall down the draft boards, some even fall off of them. Were these kids wrong in drawing a line in the sand? Nobody has the correct answer.

Every year, kids opt for Rookie ball at a value to the club who selects them. They may sign for what they believe is a nice bonus, and the published amount is $25,000 as an example. This 18 year old may struggle the first summer, then be assigned another season of rookie ball, and after that 2^nd season, still struggling along, turns 20 years old and trying very hard to get advanced to the A club. His counterpart in college has completed 2 seasons of baseball and will normally be entering his Junior year and will be draft eligible again. Neither kid made a right or wrong decision. They each made their own decision. What may come next is a moment in time where each individual gets a better feel about their decisions.

If we follow this example further, assume for illustration that the college player who decided to forgo being selected or wasn’t drafted at all has had a solid 2 seasons in college baseball, performed well in summer ball, and has a super solid junior baseball season. He gets drafted and the bonus is within the value the family believes is a fair investment in the player. That player has 3 years of college under his belt, 3 years of college and summer baseball under his belt, and a very good chance he will bypass Rookie league immediately and be assigned to an A ball club. The kid who took the $25,000 may start his 3^rd pro season at the same level, has minimal money left, and no progress towards a college education.

I read a recent article about the makeup of the minor leagues. The writer stated that about 50% of the estimated 6000 players in MILB are foreign born. I bring this up to make a point: The competition is fierce, and global. The game has evolved into an international one where MLB will throw anything and everything against a wall to see what sticks. They invest in player development internationally. Their INVESTMENT in you, the player, has much to do in the college versus pro decision. The higher the initial bonus, the more chances they will give you to fail.

This leads back to value each player assigns to their respective case. Getting life changing money as a 1^st or 2^nd rounder makes the decision pretty easy for those fortunate enough to have had their talents displayed and exposed early on to the decision makers in professional baseball. It’s the next tier of high school draft eligible players who may have the tougher decision. There will always be high school players drafted who choose college regardless of the bonus amount, and there will always be players who choose pro over college regardless of the bonus amount. Nobody is right or wrong.

So why is the MLB 1^st year player draft nearly 50 rounds long for most teams? Do you think teams adding 50 new players from the United States means they have released 50 players from their respective systems? Who were these talented players, and what was their signing bonus? Did they ever attend college first? Are they ready for “the real world of work”? It is said 5% of drafted players play at least one MLB game.

So is there a right answer to college versus pro? Yes, for each individual, and no, when applying the question to each draft eligible high school player as a group. It has nothing to do with whether each player wants to play pro baseball but more to do with when they want to take a shot at it.

Getting drafted out of high school is no guarantee you will be re-drafted out of college, just as much as not getting drafted out of high school means you never will be drafted out of college. The college baseball experience will be the main playing field which includes the summer wood bat leagues. They are a main feeder system to the pros. One thing is for sure: Players having this decision are very talented and will have a place to show their stuff, be it on a campus or a minor league town.

High School draft prospects need to sit down with their parents and determine what their value is. When they fill out MLB questionnaires, they will be asked about what round they feel they belong in, and how much bonus they would sign for in some cases. These are tough questions and I have heard different views from “experts”, parents, coaches, scouts, agents/advisors, and everyone in between. Just the fact that the views differ corroborates that there is no right or wrong answer.

Some say if you choose a round to be selected in, you are drawing a line and feel you may be risking being selected at all. If you choose a dollar figure, same thing. But if it is an honest answer and you believe it 100%, then you are risking nothing. If they really want you at that amount of investment, then you can conclude the feeling is mutual and the draft result will prove or disprove it.

Some advise to say nothing, or use the term “market value”. So who is the expert in assigning this market value? The player needs to determine his own market value, then choose to disclose it or keep it under family wraps. Players may be told that “if we selected you in the xth round, would you sign?” In my opinion, that is a tough question to ask a teenager and his family, unless x equals 1^st or 2^nd.  My best advice which comes from research, being a fan of baseball, and a parent with a player in the process is to learn from history.

The internet allows us all the ability to simply read about players and their travels, look at draft history and results, as well as read about the process of getting to pro baseball. Just perform a few “where are they now” searches and you can educate yourself pretty well in a general fashion. A good start is to research Pedro Alvarez (pictured left). He is a 1^st class talent and according to many, a 1^st class kid. Alvarez turned down a nice bonus out of high school, and pretty soon his decision made at that time will turn out to be a great one. Another place to get some recent history is to review some of the players who were named to several of the 2008 Division 1 freshman All-American teams. Several of those players drafted opted for college over starting pro ball, and several went undrafted because of signability. They keep playing the game, and play it at a high level, in college.

Evaluate your situation. Determine your worth. Determine your goals. Only a few high school players each year become instant millionaires. One of the greatest websites is the HSBBW. They recently had their annual thread on this topic. Follow the link and read about true experiences. Experience is the best teacher. What you will conclude is this: It is a very individual decision. There is no cookbook answer. Each of the two choices has its positives and negatives aspects. One hedges the bet with education while the other hedges it with money.

Throughout little league, middle school, and high school, we swung at pitches with our metal bat of choice.  What could three to four more years of using the same type of equipment do to impede a player’s progress?  Maybe not much, but it also may not be as productive as jumping into an MLB organization at an earlier age and start getting acquainted to using wood bats, gaining a competitive advantage over those who choose to enroll in a university.

Some scouts will not even look at a player’s stats and ability to hit the ball when a metal bat is in play.  This is why there is such a high premium placed on many of the summer wood-bat showcases that we in the agent profession are fond of attending.  A few Junior Colleges compete in wood leagues and have their players valued higher than Division 1 schools with bigger name players who have been accustomed to relying on the power of metal.

[Brent] Lillibridge [SS for the Atlanta Braves] suggests players with pro aspirations swing wood as often as possible. He often did it during high school and college batting practices.  It’s better to get comfortable sooner than later, he said: “When you get drafted, there’s no more metal. You’ve just got to figure it out.”

So what do you think?  Extra impetus to advise a player to sign with a team straight out of high school and say no to college?  Or instead, maybe find a Junior College that uses wood bats instead of a four year university?  Will you catch Don Mattingly’s attention if you use one of his new bats?

HT: Brian Foley at The College Baseball Blog for sending me the linked story.