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Shabazz Muhammad's lawyer questions NCAA jurisdiction

Nicole Auerbach, USA TODAY Sports
  • Freshmen Shabazz Muhammad and Kyle Anderson still have not been cleared to play by the NCAA
  • Investigators are looking into whether the players violated amateurism guidelines
  • Muhammad's lawyer says his client wasn't under NCAA jurisdiction until he signed with UCLA

Perhaps the most intriguing storyline in college basketball this season is what's going on at UCLA.

UCLA's Shabazz Muhammad has not been cleared to play this season.

Or rather, what's not going on at UCLA. And why.

Freshmen Shabazz Muhammad and Kyle Anderson still have not been cleared to play by the NCAA, and they have been given no timeline for the resolution of their NCAA probes, the Los Angeles Times reported Sunday night.

NCAA investigators are looking into whether the players violated amateurism guidelines related to financial compensation (with Muhammad) and a relationship with an NBA agent (with Anderson), the paper reported.

"We have attempted to answer any question, provide any documentation that we can, but one of the problems is not knowing specifically any real issue or question that the NCAA has," Robert Orr, Muhammad's attorney, told the newspaper.

Orr also questioned the NCAA's ability to investigate events that occurred before the the nation's top recruit signed with the school.

"Shabazz didn't even turn 18 until November of 2011 and until he signed with UCLA in April of this year was not under NCAA jurisdiction," Orr said.

He also added: "Our position has been and continues to be that Shabazz has done absolutely nothing in violation of any NCAA bylaw."

On the subject of timing/authority to scrutinize activity before Muhammad signed with the school, here's NCAA bylaw 12.01.3:

NCAA amateur status may be lost as a result of activities prior to enrollment in college. If NCAA rules specify that an "individual" may or may not participate in certain activities, this term refers to a person prior to and after enrollment in a member institution. If NCAA rules specify a "student-athlete," the legislation applies only to that person's activities after enrollment.

Here's NCAA bylaw 12.1.2, which discusses amateurism guidelines:

An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:
(a) Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport;
(b) Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics
participation;
(c) Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability
or any consideration received, except as permitted in Bylaw 12.2.5.1; (Revised: 4/29/10 effective 8/1/10)
(d) Receives, directly or indirectly, a salary, reimbursement of expenses or any other form of financial assistance
from a professional sports organization based on athletics skill or participation, except as permitted by NCAA
rules and regulations;
(e) Competes on any professional athletics team per Bylaw 12.02.4, even if no pay or remuneration for expenses
was received, except as permitted in Bylaw 12.2.3.2.1; (Revised: 4/25/02 effective 8/1/02, 4/29/10 effective
8/1/10)
(f) After initial full-time collegiate enrollment, enters into a professional draft (see Bylaw 12.2.4); or (Revised:
4/25/02 effective 8/1/02, 4/24/03 effective 8/1/03)
(g) Enters into an agreement with an agent.

It's interesting that Muhammad's lawyer is arguing that the NCAA doesn't have the jurisdiction over athletes before they sign with schools -- which is contradicted in these bylaws -- because it sort of comes across as him hoping to get his client out of trouble on a technicality. We'll have to wait and see how the NCAA rules on this. UCLA's season depends on these eligibility rulings.

Both players are allowed to practice with the team for 45 days (they have about 35 available days left) while they await their rulings, but after that they cannot practice until the NCAA reaches a decision.

UCLA opens its season against Indiana State on Nov. 9.

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