2010 Draft Hopeful, Kentucky Pitcher James Paxton Takes On The NCAA

Just months after being a supplemental first round draft pick of the Toronto Blue Jays, but not signing, the NCAA is coming after Kentucky pitcher James Paxton.  In early December, the NCAA insisted that Paxton have a one-on-one interview with the NCAA's Director of Agent, Gambling and Amateur Activities, Chance (talk about ironic) Miller, without any representation.  The interview has yet to occur as Paxton's lawyers have filed an injunction against the NCAA and the University of Kentucky from forcing the interview to happen.

According to Paxton, he was informed by a Kentucky employee that he had to submit to the interview and could "not tell anyone, including his parents or counsel, about the interview or the directive that he submit to the interview."  At the time, Paxton's lawyers allege that he was never informed about "the existence or nature of any allegations or miscounduct or wrongdoing against him."

Shortly before the 2009 draft, the NCAA requested the same type of interview with Andrew Oliver who was then suspended.  Ultimately, the case was overturned by the courts and Oliver's status was reinstated.  Paxton has hired Oliver's lawyer in that case, Richard Johnson, as well. 

The point at issue seems to be the NCAA's definition of the right of a player to use the services of counsel in negotiation.  According to the NCAA's arcane definitions of what is an agent and what is an advisor, the only difference between the two is that the latter is not allowed to speak with a team, while the former is.  A junior selected in the MLB amateur draft is not allowed to have an agent, but is allowed to retain an advisor.  Needless to say, the moment after the player signs, his advisor becomes his agent.  

If James Paxton is ruled ineligible, how will that affect his draft status?

Since the injunction, Kentucky has filed a large motion indicating that Paxton's scholarship money and status on the team have never been in jeopardy.  Keith Law of espn.com accurate notes that being on the team and playing are two totally different things. 

Law makes the argument that the NCAA's prohibition of amateur players from using agents to speak to teams on their behalf is archaic and against essentially every other situation in the United States where an individual can retain counsel.  Nevertheless, whatever transpired last July and August, it appears that Paxton's agent, Scott Boras, negotiated directly with the Blue Jays on Paxton's behalf.  With this evidence, the NCAA could rule Paxton ineligible for the 2010 season.  That could have a very dramatic effect on his draft stock.  Paxton would likely leave school and play for an independent professional team.