Crash Course in Recourse
In 1995, running back Shawn Walters looked like the next big thing from Tailback U. The USC junior had led the team in rushing as a freshman and sophomore and appeared to have serious pro potential. But that September allegations emerged that Walters accepted as much as $16,000 in extra benefits. Walters insisted that he was innocent but did pay $3,400 in restitution and was suspended for parts of the 1995 and 1996 seasons. Years later, he maintained that it destroyed his career.
"That stigma from SC was following me," he told the L.A. Times in 2006. "I don't think anybody wanted to deal with something like that."
Much like the allegations against O.J. Mayo and Reggie Bush, the allegations surrounding Walters had a link back to a potential agent. Robert Troy Caron, an attorney from Ventura, founded Pro Manage Sports Agency in the hopes of representing clients like Walters -- but his company's tactics came under fire.
When USC officials determined that Walters received $9,000 from Pro Manage, they took the "unprecedented" step of suing the agency "alleging Pro Manage had interfered with the school's contractual relations with its athletes and had interfered with prospective business advantages for the university."
The case was "quickly settled" for $50,000 (coincidentally, the maximum penalty for damages allowed under state law -- unless actual damages were higher).
If USC does face sanctions in any future cases, it will be interesting to see if school officials again head to court as provided in the California Business and Professions Code (Section 18897.8):
An educational institution is presumed to be adversely affected by the acts of an athlete agent or of an athlete agent's representative or employee in violation of this chapter if, because of those acts, the educational institution, or one or more student athletes admitted to or enrolled in the educational institution, is suspended or disqualified from participation in one or more interscholastic or intercollegiate athletic events ... or suffers financial damage, or suffers both suspension or disqualification and financial damage.
The same code also allows for the individual athletes to sue. Obviously this isn't legal advice, just more food for thought.
[All quotes (except for the state code) are from an article called "A Bush Precedent" by Gary Klein that ran in the LA Times on Friday, Oct. 13, 2006.]
