McGwire Approved by Shrine : Football: Connection with agent questioned.

SAN DIEGO —  Somebody had to make a decision and, finally, it came from the East-West Shrine Game: former San Diego State quarterback Dan McGwire will play in the Jan. 27 game.

Game officials met late Friday afternoon to discuss concerns raised by the NCAA regarding the Dec. 21 press conference McGwire held to announce he was retaining attorney Leigh Steinberg to represent him in his NFL career.

It is against NCAA rules for a player to enter into a written or oral contract with an agent while the player still has collegiate eligibility remaining, or while he plans to participate in NCAA-sanctioned bowl games.

At issue is whether McGwire, SDSU’s second all-time leading passer, has a written or oral agreement with Steinberg or whether he simply announced his intentions to reach such an agreement in the future.

But while NCAA officials were confused about who had jurisdiction over the matter, Shrine game officials made their decision.

“We have decided we’re going to play him,” said Gary Cavalli, public relations director for the game. “The NCAA has not disqualified him or declared him ineligible. They have basically asked us to make sure we’re conducting the game according to NCAA rules. That’s our responsibility as game management.

“We’ve looked into the matter and we think it is unclear. It is not conclusive that Dan McGwire signed an agreement with Leigh Steinberg.”

The East-West Shrine Game’s decision came after a day on which several phone calls were placed between game officials, the NCAA and SDSU. What complicated matters was that the NCAA, which started investigating the matter Thursday, shifted the investigation from its communications department to its eligibility department and, finally, to its legislative services department.

Dave Cawood, NCAA assistant executive director for communications, said Friday afternoon that the organization would leave McGwire’s eligibility in the hands of SDSU.

“My understanding is that San Diego State would have to declare him ineligible if he has indeed signed with an agent,” Cawood said. “It’s not an enforcement issue. It’s an eligibility issue. We’re not going to send any investigators out there. We would depend on San Diego State.”

But also on Friday, Steve Mallonee, an NCAA legislative assistant, said: “It’s not San Diego State’s responsibility, and it’s not an individual eligibility thing.”

Mallonee said it might be Stanford’s responsibility--since it is the host of the East-West Shrine Game--to be responsible for any violations. But he said Stanford conceivably could ignore the entire McGwire question because the NCAA has certified the game. If Stanford chose this route, he said, ultimate responsibility would then shift back to the East-West Shrine Game itself.

If the NCAA finds fault with the way the game is managed, it could de-certify the game.

Rather than wait, the East-West game made an immediate decision.

“It’s not our place to be judge, jury and executioner and declare him ineligible,” Cavalli said.

McGwire, who has exhausted his eligibility, is scheduled to finish his collegiate career with the Shrine game and the Jan. 19 Senior Bowl in Mobile, Ala. The Senior Bowl is run by the NFL and is not a certified NCAA event.

What also clouded the picture Friday is that McGwire was graduated from SDSU in December. Cawood and other NCAA officials aren’t sure what authority the NCAA has over a college graduate.

“I’m not going to B.S. you,” Cawood said. “I don’t know the answer to the graduation question.”

Don Kaverman, SDSU associate athletic director in charge of compliance with the NCAA, spent much of Friday on the telephone to the organization and was told various things, including both that SDSU would be involved in the decision and that it would not be.

“I’m washing my hands of it. As far as I’m concerned, Dan McGwire is no longer a student-athlete at SDSU. This is between Dan McGwire, the NCAA and the East-West Shrine Game,” Kaverman said.