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The Return of LaMelo Ball to high school basketball invites questions as to how Ball, who has already played on two professional teams, could become an amateur once again and yes the youngest of Big Baller Brand (BBB) CEO LaVar Ball's three sounds could play NCAA college basketball ounce he completes high school. These questions have been sparked by SPIRIT, a private high school in Geneva, Ohio.
Ball's unusual basketball journey
Ball, 17, has lived a basketball life from early childhood. His eldest brother, Lonzo, is a second-year player on the Los Angeles Lakers while the middle brother, LiAngelo, plays for the Los Angeles Ballers of the Junior Basketball Association (JBA). BBB sponsors the JBA, which features LaVar Ball as its commissioner and director.
As recently as last year, Ball's basketball. Between 2015 and 2017, Ball was a student at Chino Hills High School (Calif.) And a highly regarded basketball prospect. Ranked by ESPN as the seventh-best high school recruit for his class, UCLA in fall 2019.
For several reasons, Ball's plans changed radically in the fall of 2017. First, it was explained, Ball became associated with a BBB sneaker. Second, LaVar Ball expressed in Chino Hills. Dennis Latimore replaced Steve Baik, of whom LaVar Ball opined "I do not like him one bit." In December 2017, LaMelo Ball made the decision (no doubt with heavy influence from his dad) to leave high school and turn pro. Ball hired an agent, Harrison Gaines, who negotiated an employment contract for Ball. The point guard signed with Vytautas Prienai-Birštonas of the Lithuanian Basketball League (LKL) and Baltic Basketball League (BBL). Played eight games for Vytautas before returning to the U.S. to sign another contract with the Ballers of the JBA. Between the regular season and the playoffs, Ball played 11 games for the Ballers, averaging 40 points per game.
The return of ball to high school amateurism
Ball's professional basketball career will take a hiatus over the next year. He has joined SPIRE Institute and is expected to play as soon as next week. The SPIRE Institute is connected to the SPIRE Academy, which, according to its website, provides a class of students with a student-to-teacher ratio of 12: 1 and offers a wide range of residential and online courses. $ 52,000 to $ 58,000, which includes room and board, and is roughly paid by boarding students at the Phillips Academy in Andover, Massachusetts. Ball has tweeted that he intends to complete his high school diploma by taking courses at SPIRE.
SPIRE is a member of the Ohio High School Athletic Association (OHSAA), the governing body of athletic programs in Ohio. This is important because OHSAA conditions the eligibility of student-athletes on those student-athletes satisfying certain conditions.
It does not appear that it would be able to satisfy all of those OHSAA conditions.
This is apparent by reviewing OHSAA Bylaw 4, which stresses that eligible athletes must be amateurs and not professionals. Under Bylaw 4, amateur status is lost if the student-athlete competes for money or other compensation. Along those lines, any reimbursement for travel, or the cost of travel, or the cost of travel, or the cost of travel or the cost of travel, high school athlete loses his or her status if they "capitalize" on their "fame by receiving money, merchandise or services of value." Meanwhile, Bylaw 4 makes clear that "pay" is broadly defined to include "any direct or indirect remuneration , bonus or bonuses, games' receipts, etc.).
Another provision of Bylaw 4 would be especially problematic for Ball. Under Bylaw 4, amateur status is squandered if the student-athlete "signs a contract or makes a commitment to any kind to play professional athletics, regardless of its legal enforceability"In comments to ESPN, Justin Brantley, SPIRE's Associate Academic Director, Ballet of the United States. Even if such an account is accurate, Ball would still be necessary to have a better understanding of the subject. Ball would need to convince the OHSAA that Bylaw 4 is intended to govern actions by student-athletes while they're playing in high school and not at times before (or, in Ball's case, the time between his high school basketball stints).
Yet since OHSAA, Bylaw 4 is not issue. SPIRE can determine its own eligibility rules, they are compatible with the rules that govern competing schools. SPIRE's basketball team does not appear in OHSAA-governed conference. Likewise, the team's 2018-19 schedule features games and tournament participation in various parts of the country. For instance, over Thanksgiving, it'll play in the Skills Factory Tournament in Atlanta. Fast forward to a week before Christmas and SPIRE to travel to Las Vegas to play in the Tarkanian Classic. SPIRE's schedule is an uncommon for a private school that's openly stresses a mission of preparing elite athletes for athletic excellence. IMG Academy in Florida likewise features a number of out-of-state basketball games and is designed to maximize students' chances to become
It's not surprising that SPIRE would enroll Ball. While Ball's dad is obviously controversial, Ball appears to be a legitimate prospect for the future. His signature also provides a constant infusion of media attention for the school. This attention could lead to more applications from prospective students and interest of elite athletes.
But there is risk for SPIRE in attaching itself to Ball and his family. The Light of High School (La Porte, Indiana), has canceled its Nov. 13 game against SPIRE. The school has announced its decision on account of SPIRE using a pro player, i.e., Ball. If other schools react similarly, SPIRE might need to revisit its decision to play Ball.
Ball's unlikely quest for NCAA eligibility
Ball North Carolina, Duke, Kentucky, Kansas and Michigan State have options. By all accounts, Ball only plans to spend one year in college before declaring himself eligible for the 2020 NBA draft.
The problem with Ball's college plan is that Ball appears to have already been forfeited his NCAA eligibility. The NCAA could view any of at least three events as eligibility-forfeiting.
First, and previously detailed The Crossover, Ball in 2017 designed for BBB sneaker named after him. Described by BBB as "the first signature shoe launched by a high school basketball player," MELLO BALL 1 or MB1 retails on BBB's website for $ 395. If Ball has been encountered or otherwise compensated for his involvement in MB1, he would have difficulty meeting with Article 12 of the NCAA Division I Manual. Article 12 instructs that "an individual loses the status of an individual and is not eligible for intercollegiate competition in a particular sport or individual (a) uses his or her athletics skill (directly or indirectly) for pay in any form in that sport; [or] (b) accepts a commitment to pay even if this is to be received following completion of intercollegiate athletics participation. "
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On the other hand, Article 12 contains a non-athletically related promotional activity. "To that point, Ball is something of a celebrity, particularly with his family's involvement. Facebook reality series. However, the athlete's participation is "independent of athletic ability" and the athlete "does not endorse the commercial product." Given that the MB1 is a basketball sneaker and given that its trade name carries the implicit endorsement of Ball The modeling exception would probably not work for Ball.
The second eligibility-forfeiting event is that ball hired a basketball agent in 2017. This move seemsingly ran afoul of Article 12, which instructs that an athlete "who retains an agent shall lose amateur status." In response, Ball might stress that in August 2018 the NCAA announced a series of changes regarding the use of agents for basketball players. The NBA and the National Basketball Players Association (NBPA) are the players who have been identified as "elite senior prospects" by the agent. The agent can be held up early on the beginning of their senior year in high school. Unfortunately for Ball, the NBA and NBPA have not yet acted on this arrangement-the "one-and-done" age will probably remain in place until 2022 or 2023-even if they had, Ball would not have complied with the language of the rule: he hired an agent before July 1 of his senior year in high school.
As for the third eligibility-forfeiting event, it contains two parts: Ball signed separate employment contracts with two professional basketball teams. Even if it was not paid by those teams (which is logically difficult to accept given that employment contracts contemplate an exchange of labor in return for something of value), the teams themselves were professional teams. For that reason, Article 12 once again presents an eligibility problem for Ball. Article 12 expresses that a student-athlete is ineligible for intercollegiate athletes in a sport if he or she "ever competed on a professional team in that sport."
It would not be possible to invoke an exception to Article 12. One exception is if it could not have been paid a salary and did not receive a salary. two professional teams. The NCAA defines "current and necessary expenses" to include the following:
(a) Meals;
(b) Lodging;
(c) Apparel, equipment and supplies;
(d) Coaching and instruction;
(e) Health / medical insurance;
(f) Transportation (expenses to and from practice and competition at the beginning of the season / preparation for an event and from training / practice / event site at home events);
(g) Medical treatment and physical therapy;
(h) Facility use;
(i) Entry fees; and
(j) Other reasonable expenses.
The NCAA further explains that "may be provided only if such expenses are for competition in a specific competition. . . the value of such expenses must be commensurate with the
fair market value of similar goods and services in the environment. "
The NCAA would obviously be skeptical about its apparent claim that its employment contracts did not contemplate wages or that it was curiously declined to accept agreed upon-upon pay. The NCAA would surely be talking about two jobs with Ball's agent about them. The NCAA would also require much more detail from LaVar Ball, whose ownership of BBB complicates its employment in the BBB-owned JBA. To that end, the NCAA would have asked for LaVelo and LaMa, and whether LaVar has made it to the future. Any such promises for future payments could be construed as deferred payments by an employer. Likewise, the NCAA would probably insist on affidavits from Vytautas officials to the exact nature of Ball's employment with the team. Keep in mind, the onus would be on LaMelo Ball and whichever college he tries to await to convince the NCAA to deem him eligible.
Ball might also consider the "professional player as team member" exception to Article 12. This exception dictates that the team could not compete with the team. To illustrate, if they had played in the summer, they would have a chance. But Ball's LKL and JBA teams were not able to compete in the competition.
The more likely path for Ball following his senior year of high school. Perhaps he'll join LiAngelo's brother in the JBA. Or maybe he'll take advantage of the G League's new "select contracts" that are worth $ 125,000 for five months of work. But pursuing NCAA basketball seems like an onerous path-even for someone like Ball, who has spent the last year growing accustomed to life on "the road less traveled."
Michael McCann is SI's legal analyst. He is also Associate Dean of the University of New Hampshire School of Law and Editor and co-author of The Oxford Handbook of American Sports Law and Court Justice: The Inside Story of My NCAA Battle Against.
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