By Will Kimmey
September 14, 2004

Wade Townsend has attended class at Rice. In fact, the Orioles' unsigned first-round pick has been doing so since late August.

What could be more newsworthy, however, is what the righthander did the day before returning to school. He sent a letter to Major League Baseball formalizing his relationship with adviser Casey Close of IMG, making Close his agent and effectively terminating his college eligibility.

Townsend had yet to reach an agreement with the Orioles, who selected him eighth overall, but wanted to maintain his ability to negotiate with Baltimore while simultaneously working toward his degree. Townsend, who helped Rice to the 2003 College World Series championship, earned first-team All-America honors in 2004 after going 12-0, 1.80 with 148 strikeouts. He also was named the Academic All-American of the Year for his work in the classroom and expects to graduate in December, seven semesters after enrolling at Rice.

The unprecedented move is a calculated risk by Townsend and Close. Players often sit out a semester or even renounce their college eligibility in order to keep open their negotiating window, but none has ever signed with an agent and then actually attended class.

"There's always unique information coming across our desk," said Roy Krasik, MLB's senior director of major league operations. "I haven't seen something exactly like this."

Krasik said his office had received the letter but had no timetable when MLB would issue its ruling on whether Townsend could continue negotiating with the Orioles or be forced to re-enter the draft next June.

"It's pending," he said. "We're just trying to get all the information before making a decision."

Townsend's maneuver seems to fly in the face of draft rule 4-H, which states: "A player who is selected at the Summer Meeting and returns to school in the fall without signing a contract shall be subject to selection at the next Summer Meeting at which the player is eligible."

Rule 4-K allows for MLB to interpret the rule as it sees fit, which is what Townsend is relying on. Close said the key lies in the semantics of how "player"--or more specifically a "college player"-- is defined.

He relies on a section of a draft rules interpretation handbook that reads: "A college player is a student who is eligible to play baseball on an intercollegiate baseball team fielded by the student's four-year college/university and sanctioned by a national collegiate governing body."

By that rule, Close said, Townsend can't be construed as a college player because he is no longer eligible to play under NCAA guidelines. He cites the well-publicized case of Southern California wide receiver Mike Williams as an example. Williams declared for the National Football League draft last spring and signed with an agent. The NFL ruled Williams ineligible for the draft, then the NCAA said he was no longer allowed to play college football because he signed with an agent.

"If the buzzword is eligible, that only means you have to be eligible," Close said. "There's no question here. Wade formalized his representation and is no longer eligible to play college baseball."

Close acknowledges the uncertainty of Townsend's decision.

"We've been granted no assurances (of how MLB will rule), but we looked at our interpretation of the rules and talked to other people about it," Close said. "More importantly, for Wade, returning (to Rice) wasn't really an option. He's accomplished all he can there, and has the full support of (coach) Wayne Graham and the Owls staff."

Townsend is prepared for the consequences if MLB rules his return to class terminated the Orioles' rights to negotiate with him, which would put him in the 2005 draft pool. Without college eligibility, Townsend would work out at IMG's Florida facility beginning in January and look into the possibility of pitching for an independent league club prior to the '05 draft in June.

"If it doesn't work out, it doesn't work out," Close said. "Wade did this to keep his options open to sign with the Orioles, but also to complete his degree by December. If it doesn't work, he'll still have his degree and will only miss minor league competition from April until June, so that's two months."

The Orioles are also waiting on the ruling. Jim Beattie, Orioles executive vice president of baseball operations, said the team would prefer not to lose the rights to its first-round pick but cannot continue negotiating with him until MLB makes its decision.

"At this juncture, he has gone back to school and we can't negotiate with him," Beattie said. "We're just waiting to hear something one way or the other. Until we do, negotiations are dead."

Townsend is one of six unsigned first-round picks from this year's draft, a group that includes his former Rice teammates Jeff Niemann (Devil Rays, fourth overall) and Philip Humber (Mets, third overall).