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ARTICLE XVII

PLAYER MOVEMENT PROTOCOLS And TAMPERING

Section 17.1 Introduction

Like it or not, in the current era of youth travel sports, with the proliferation of multiple leagues serving the same population under multiple sanctioning bodies (none of which has any jurisdictional authority over the others or the power to regulate player movement between or among leagues), players often have their choice of leagues in which to participate. Widespread competition for players is a fact of life; to pretend it is otherwise is not realistic.

Notwithstanding this inter-league competition for players, there is a common belief that individual amateur youth leagues should regulate the competition for players among its own members for the benefit of those members. While it is easy to understand the general benefit of imposing at least some intra-league restrictions on player movement, It would be self-defeating to erect overly restrictive barriers to player movement inside our own League. It is far better that players unhappy with their circumstance in our League be afforded an opportunity to stay in this League and play for a different team, than to emigrate to another League. ENYTB is itself a perfect illustration of this dynamic. The existence of our League is a direct result of other local leagues having enacted overly restrictive policies on player movement and new members. If history teaches us anything it should be that we don’t want to be any more restrictive than is absolutely necessary, else we become the next endangered species.

Some might even ask why restrict player movement at all. To answer that question we need only imagine what a “survival of the fittest” youth sports world might look like. The talent level among teams would assuredly become significantly more skewed, resulting in haves and have nots, and little in between. While this model would produce a handful of super teams, and perhaps benefit the very best players, many “star” players would be on the bench instead of playing, the quality of the typical team would surely decline as would the overall number of teams and, hence, players. Competition among teams for the top players would be never-ending and ruthless. Coaches would spend more time recruiting and less coaching. It also can easily be imagined that much of the fun would be taken out of the game.

Neither extreme of player movement would seem to produce an appealing outcome. Indeed, experience suggests that a limited degree of player movement is sufficient to realize the bulk of the potential benefits to players without causing any of the harmful side effects to League members or the League as a whole that unrestricted movement would likely portend. Therefore, it is not a question of whether there should or should not be player movement but how much is enough.

The League establishes significant restrictions in regards to player movement, as provided in Article XVI. The effect of these restrictions is lessened somewhat by specific exemptions, also provided in Article XVI. The various sanctioning bodies that ENYTB affiliates with recognize the desirability of additional player movement by providing for releases, whereby members may voluntarily relinquish their league rights to a certain player.

ENYTB has established a release system that includes a discretionary release for protected and a non-discretionary release for restricted players. With the exception of the non-discretionary release, ENYTB leaves it to each member to determine for itself how much player movement is the right amount. The League also has established first contact protocols (see Section 17.2 next) in conjunction with this release system to govern player movement. Clubs and teams must understand and follow the league's first contact protocols or run the risk of being found guilty of player tampering, which carries very significant penalties, up to and including indefinite suspension of the entire club.

Section 17.2 First Contact Protocols

In general, the first contact protocols require:

· Every member to provide full and immediate disclosure to a member of his interest in that member’s protected player before initiating the first contact AND to request either a release for the player or permission to have unlimited future contact with the player.

· Every member to provide full and immediate disclosure to another member when that member’s protected player initiates contact and expresses an interest in playing for him regardless of member’s interest level AND, if interested, request either a release for the player or permission to have unlimited future contact with the player.

· When the member holding the League rights to a protected player refuses to relinquish those rights or grant permission for further contact, all contact with that player must cease immediately.

· Every member to provide full and immediate disclosure to another member of his interest in that member’s restricted player before initiating the first contact.

· Every member to provide full and immediate disclosure to another member when that member’s restricted player initiates contact and expresses an interest in playing for him regardless of member’s interest level.

· Any material deviation from this prescribed protocol shall be construed as tampering.

RULE 102 The league’s first contact protocols must be strictly followed by ALL members. ANY material deviation from these prescribed protocols shall be construed as TAMPERING, unless the open tryout exemption applies, as provided in Section 17.5.

RULE 102A Any tampering violation shall make any protected or restricted player ineligible to play for the offending member in the current season and the offending member shall be subject to progressive fines for each tampering infraction at the discretion of the League Player Agent (See Section 16.11).

Repeat offenders may be banned from the League at the discretion of the League’s Player Agent. Any member who refuses to give up a tampered player shall be banned from League participation at all age levels.

RULE 103 During the initial contact between any team representative and any player, it is the responsibility of that representative to immediately determine the player’s ENYTB status by asking the following three simple questions:

· How old are you?

· What school district do you reside in?

· Did you play in the ENYTB League last year and if so, for whom?

From the answers to these three questions it is possible to deduce whether the player is another member’s protected player, restricted player or whether the player is an unrestricted free agent. If the player is an unrestricted free agent you are home free. If you are uncertain about the player’s league status, call the League Office for help.

RULE 104 Until it is determined whether a player is either a restricted or protected player of another League member, no further effort to evaluate or recruit the player may be undertaken.

RULE 105 Once it is determined that a player is either a restricted or protected player of another League member, no further effort to evaluate or recruit the player may be undertaken prior to contacting the club owner currently holding his league playing rights.

No member nor any of his representatives may conduct a tryout or practice for another member’s restricted player or engage in any conversation connected in any way with recruitment of said player, including the possibility of a roster spot, prior to notifying the player’s current team owner. See Open Tryout Exception provided in Section 17.5.

No member nor any of his representatives may conduct a tryout or practice for another member’s protected player or engage in any conversation connected in any way with recruitment of said player, including the possibility of a roster spot, prior to obtaining permission from the player’s current team owner to have unrestricted contact with the player. See Open Tryout Exception provided in Section 17.5.

In the case of RESTRICTED PLAYERS:

· Player Initiates Contact With Team:

RULE 106 Club owner must notify the player’s home franchise owner of the nature of and the surrounding circumstances of the first contact within 48 hours of said contact, regardless of interest level. Nothing else is necessary. Team is free to have additional contact with the player without restriction following notification.

Note: Restricted players may request their own release (see section 17.3). Do not ask a restricted player to request his release until you have offered him a roster position, conditional upon him obtaining his release, and he has accepted your offer. Alternatively, any club/team that legally offers a restricted player a roster position and that player accepts your offer, the club/team may initiate an online release request via the enytb.com (Go to Team Registration > Roster > ADD Player).

PROTECTED PLAYERS - ONLINE RELEASE REQUESTS - In general, if a player is another member's protected player i.e., on the roster of another ENYTB team in the same age division, you or anybody acting on behalf of your team can't talk further or have additional contact with the player until: (1) the player is released by his club owner at his request or, (2) you contact his club owner and ask for and are granted permission to continue talking to the player (which appears to be what happened here) or, (3) if the player tells you he has asked for a release but didn't get one, you can initiate a formal request for a release through the website by trying to add him to your roster and when the website blocks you from doing so, you are given the opportunity to initiate the online request on behalf of the player. (4) Similarly, if a club owner gives you permission to talk to the player and you offer the player a position and he agrees, you would follow the same protocol as (3).

· Team Wants To Initiate Contact With Player:

RULE 107 Prior to initiating first contact with a restricted player, member or his representative must notify the player’s home franchise owner of intention. Nothing else is necessary. Team is free to have additional contact with the player without restriction following notification.

Note: Restricted players may request their own release (see section 17.3). Do not ask a restricted player to request his release until you have offered him a roster position, conditional upon him obtaining his release, and he has accepted your offer. Alternatively, any club/team that legally offers a restricted player a roster position and that player accepts your offer, the club/team may initiate a release request via the enytb.com (Go to Team Registration > Roster > ADD Player).

In the case of PROTECTED PLAYERS:

· Player Initiates Contact With Team:

RULE 108 Team owner or representative must notify the player’s team owner or representative of the nature and the surrounding circumstances of the first contact within 48 hours of said contact, regardless of member’s interest level, AND if interested, request permission to have unrestricted future contact with the protected player.

As soon as any such request is made, the owner making the request, or his representative, must inform the League Player Agent of the request. This notification shall cause the seven day limit for a response to begin (see Rule 109 next).

RULE 109 The owner of the team with the League rights to a protected player, upon receiving a permission request from another member, shall respond to that member with a final decision within seven (7) days of the request.

As soon as the player’s team owner gives his answer to the owner who made the permission request, or his representative, said owner must immediately inform the League Player Agent, in writing, of his answer. Failure to provide a definitive answer to the owner who made the request, or his representative, or to provide the League Player Agent with written notification of said decision, within the seven day period, may result in the League Player Agent declaring the player an unrestricted free agent.

RULE 110 Once permission is granted, the player’s team owner is obligated to honor any subsequent release request from that player provided the player has been offered and has accepted a roster position with that team.

The difference between granting permission and a release is that if this particular team decides not to offer the player a position or the player loses interest in said team, the player has not been released. As a courtesy, the team permitted to have unrestricted contact with another member’s protected player, should inform that member when that process has ended without further interest.

RULE 111 When the member holding the rights to a player refuses to relinquish those rights in the form of a release or to grant permission for unrestricted contact with said player, all contact between the team making the request and said player must cease immediately.

· Team Wants To Initiate Contact With Player:

RULE 112 Prior to initiating first contact with a protected player, the member or his representative must notify the player’s team owner of his intention AND request permission to have unrestricted contact with the protected player

Thereafter, everything proceeds the same as when the protected player initiates contact.

The “First Contact Protocols” described herein are vital to the integrity of the league’s entire player procurement system and are designed to elicit and facilitate trust and cooperation among team owners in the matter of player releases. This system of player movement protocols is designed to avoid protracted conflicts between members and between players and members. By following these procedures each member signals that he recognizes the work and commitment that is required of his fellow owners to field an ENYTB team and that he can be trusted to honor the player rights of his fellow members. It is expected that ENYTB owners will be cooperative with one another if they are treated fairly and the rules are followed.

Section 17.3 Non-Discretionary Releases (Restricted Players Only)

To be eligible to play for a League team outside his home franchise area in the current year, Rule 68 requires restricted players to obtain a release from their home area franchise owner(s) or his designated representative, except as provided for in the provisions of section 16.3.

RULE 113 Prior to April 1 each year, any restricted player is eligible for a non-discretionary release. After that time all such releases shall be at the sole discretion of the home area franchise owner(s). See section 16.1 for a definition of both discretionary and non-discretionary releases.

By Rule 100, any restricted player seeking a release is required to submit a written request to that effect, dated and signed by him and one of his parents/guardians, to his home area franchise owner(s). In shared areas, releases shall be required from all franchise members sharing the franchise area as provided in section 16.4.

RULE 114 In order to qualify for a non-discretionary release, the player and/or his family must provide the home franchise owner(s) a reasonable opportunity to discuss his program with them if requested. Once the 15 day window of opportunity expires, the restricted player shall be granted a release by the League Player Agent and become an unrestricted free agent provided the home franchise area owner(s) has not petitioned the League Player Agent or the League Office to deny the release on the grounds that the player and his family failed to provide him with a sufficient opportunity to explain his program to them.

Failure of the home franchise area owner to petition the League Player Agent prior to the conclusion of the 15 day window of opportunity shall result in the issuance of the release by the League

RULE 115 When a request for a release is received by a member, said member has 48 hours to notify the League Player Agent (email notification is preferred). Failure to do so may result in that member’s loss of rights to said player, at the discretion of the League’s Player Agent.

By Rule 101, a member shall provide a player with his release by writing RELEASED on said player’s written release request, signing and dating it, and returning it to the player. In addition, the owner shall immediately inform the League Player Agent of the disposition of the release request and designate said player as released on the League website.

RULE 116 Beginning April 1 of each year, restricted players are eligible for discretionary releases only and must follow the same procedure as prescribed for protected players in Section 17.4 next.

Section 17.4 Discretionary Releases

To leave one League team to play for another, owned by a different League member, requires that the protected player obtain a discretionary release (as defined in section 16.1) from the owner of his prior team by rule 32, except as provided for in the provisions of sections 16.7 and 10.5. The same is required of restricted players who submit their release request on or after April 1 each year (see Rule 116).

By Rule 100, in order to qualify for a discretionary release, a player is required to submit a written request, that is dated and signed by him and one of his parents/guardians, to the team owner who holds the league rights to said player. Restricted players residing in an area shared by more than one franchise must submit their release request to all franchise members sharing his player rights.

RULE 117 When a request for a release is received by a member, said member has 48 hours to notify the League Player Agent (email notification is preferred). Failure to do so may result in that member’s loss of rights to said player, at the discretion of the League’s Player Agent.

RULE 118 Other members, presumably the owner of the team that the player prefers to play for, may act on the player’s behalf to facilitate the release process provided said player submits a written request as required above.

A request for a discretionary release may or may not be granted. In most circumstances, an owner will not immediately grant or deny a request for a player release, opting instead to consider the request further and to follow up with the player to discuss his reasons for wanting to leave and to attempt to interest the player in staying, which is his right. The sole exception is the protected player for whom permission for unrestricted contact was granted to another member as provided in Section 17.2. Rule 110 provides that such players shall be released immediately upon receipt of request provided the player has been offered and has accepted a roster position with the team for whom permission for unrestricted contact was granted.

RULE 119 Under no circumstances shall any release request remain open for more than 15 days from the date of the notification to the league player agent.

If the owner in receipt of the request fails to act within 48 hours of the conclusion of the required time frame or fails to notify the League Player Agent of his decision, the protected player becomes an unrestricted free agent.

By Rule 101, a member shall provide a player with his release by writing RELEASED on said player’s written release request, signing and dating it, and returning it to the player. In addition, the owner shall immediately inform the League Player Agent of the disposition of the release request and designate said player as released on the League website.

RULE 120 If an owner denies a release to his protected player the owner requesting the release has no further recourse.

The owner acting on behalf of the player who requested the release may inform said player of the decision and then must discontinue any recruitment related discussions with said player. That owner also must discontinue any discussions with said player’s current team owner regarding a release for said player in the current season. Any failure to comply with of these provisions would qualify as tampering.

Any player who has been denied a release has the following options.

RULE 121 Consistent with rule 81A, the player may sit out the current season in order to satisfy his obligation to his current team owner and qualify for unrestricted free agent status in the following season.

RULE 122 The player may attempt to negotiate a compromise solution with his current team owner whereby he would agree to play for him in the current season in return for a guaranteed release the following season. The league office must be notified immediately by the player and/or team owner of any such agreements. The league shall confirm the reported agreement with both parties.

Or the player may simply drop his request and play for his current team owner in the current season.

Section 17.5 Open Tryout First Contact Exception

For both protected and restricted players, the only exception to the First Contact Protocols described in section 17.2 is when a player attends an open tryout (public announcement) at his own initiative.

RULE 123 It is permissible to allow any league protected or restricted player to participate in an open tryout attended at his own initiative without first contacting his current team owner. Under this exception no player is allowed to participate in more than one open tryout for any particular league club in any calendar year. Also, it is the responsibility of the club/team conducting the public tryout to determine the player's league status BEFORE discussing intentions of bringing the player back for more activity or making any offer of a roster position. A club/team shall not offer another member's league protected or restricted player a roster position before the player obtains his release from his former club/team. Any violation of this clause shall constitute tampering.

Protected Players - A discretionary release or permission for unlimited contact must be obtained from a protected player’s current team owner or designated representative BEFORE a player can be offered a roster position or begin participating in regular team workouts/practices or other organization activities.

Restricted players - A non-discretionary release or permission for unlimited contact must be obtained from a restricted player’s current team owner or designated representative BEFORE a player can be offered a roster position or begin participating in regular team workouts/practices or other organization activities.

Note: An invitation directed to an individual protected player to attend a tryout is not allowable without a release or permission for unlimited contact.