Daily Compliance Item- 3/30/12- Current Event

NCAA’s Emmert: ‘Don’t blow one-and-done out of proportion’

NEW ORLEANS – Who’ll go – Anthony Davis, Michael Kidd-Gilchrist – and when? The issue of Kentucky’s prospective one-and-done players hangs over college basketball’s Final Four.
Inordinately so, NCAA President Mark Emmert says.
“I don’t think we should blow the one-and-done out of proportion and suggest that’s somehow undermining all of academics and the NCAA,” he said Thursday. “It’s 15 kids. They have a chance to go play professionally because that’s what the rules allow and they all want to pursue it. So that’s fine.”
It was a variation of the NCAA refrain that most athletes go pro in something other than sports.
Emmert reiterated that the rule requiring players to be at least 19 and a year out of high school to enter the NBA – leaving a handful of future pros little choice but to spend a year on campus – is not the NCAA’s doing but rather a product of the NBA and its players’ union. Forty freshmen have entered the league’s draft since it went into effect in 2005-06.
Earlier this week, however, NBA commissioner David Stern suggested that the colleges and the NCAA could do something about the short-term players if they wanted, requiring them to agree to remain in school and forfeit scholarship money if they don’t.
Emmert politely rejected the notion. “There are doubtlessly many things that can be done to encourage our student-athletes to stay in school that are inside our purview, and we’ll continue to pursue those,” he said. “… On the other hand, there are things that are possible and impossible for us to do. We don’t have a vehicle for mandating that anyone stay in school.”

Daily Compliance Item- 3/29/12-

Flick is a Field Hockey student-athlete at Ocean State University.  Flick is a freshman this year and did not compete during the NCAA championship segment in the fall.  The coach would like her to compete in a few of the competitions this spring during the non-championship segment.  If Flick does compete, does she utilize a season of competition?
For purposes of this example, Flick was academically eligible to compete during the fall 2011 season and remains eligible during the spring 2012 semester.
No.  NCAA Bylaw states that in field hockey, men’s soccer, women’s soccer, women’s volleyball and men’s water polo, a student-athlete may engage in outside competition during the segment of the playing season that does not conclude with the NCAA championship without using a season of competition, provided the student-athlete was academically eligible during the segment that concludes with the NCAA championship. (Adopted: 11/1/01, Revised: 8/8/02, 10/31/02, 5/9/06)

Daily Compliance Item- 3/28/12- 16.7.1

Ocean State University softball team is participating in an away from home competition this Saturday.  There are not many options for entertainment in the location of the competition, so the coaches would like to surprise the team with a trip to a museum after the game.  The museum will provide a cultural experience for the student-athletes but is 150 miles away.  As part of this trip, the student-athletes will receive transportation to the museum, meals and one night of lodging.


Is it permissible for the coaches to provide these expenses for the student-athletes to go to the museum?


No.  NCAA Bylaw 16.7.1 states that the institution may pay the actual costs (but may not provide cash) for reasonable entertainment that takes place within a 100-mile radius of where a team plays or practices in connection with an away-from-home contest or en route to or from such a contest.  In addition, an institution may pay the actual costs (but may not provide cash) for reasonable entertainment that takes place within a 30-mile radius of the institution’s campus or practice site during vacation periods when the team is required to reside on campus (or at a practice site normally used by the institution) and classes are not in session.


This is an actual fact pattern of a secondary rules violation posted on LSDBi.  The student-athletes were required to repay the expenses to a charity of their choice and their eligibility had to be reinstated.   The rationale did indicate that the NCAA staff provided relief from withholding due to the culpability of the coaching staff in providing the surprise trip.

Daily Compliance Item- 3/27/12-

The men’s and women’s soccer student-athletes at Ocean State University are going to participate in a fundraising activity this weekend for the United Way.  A local bank would like to provide t-shirts for this event to all the volunteers, including the student-athletes.  The t-shirts will have the United Way logo on them along with the name and date of the event.  Is it permissible for the student-athletes to get a t-shirt?
Yes.  NCAA Staff Interpretation- 2/28/90- Student-athlete receiving award for participation in charitable fundraiser- states that in regard to student-athletes who participate in a charitable fundraiser to raise funds for a charitable organization, which was sponsored by the member institution or by the charitable organization, noting that local merchants wish to provide awards to the participants; determined that such an arrangement would not be precluded provided the award item is of nominal value and the award is properly personalized for the event (e.g., t-shirt).

Daily Compliance Item- 3/26/12-

The Ocean State University (OSU) women’s tennis team competed this past weekend, but because of inclement weather two of the singles matches were not completed.  OSU won enough matches to win the competition even without the last two singles matches.  Since two of the student-athletes did not get to finish their matches and the results were not included in the scoring of the competition, are they charged with a season of competition?


For purposes of this example, this competition will be the student-athletes’ only participation during the 2011-12 academic year.


Yes.  NCAA Staff Interpretation- 11/18/87- Use of season of competition when event is not completed- states that student-athletes would be charged with a season of competition for any event (including scrimmages) in which they started participation; regardless of whether they finish (i.e.,discontinued game due to inclement weather, contestant drops out of event) that particular event or contest. Determined that the student-athlete would be charged with a season of competition regardless of whether that individuals performance was included in the final scoring of the event. Referred to LIC for confirmation.

Daily Compliance Item- 3/23/12- Current Event

The Myth of the ‘Student-Athlete’

People often dismiss philosophical disputes as mere quibbles about words. But shifts in terminology can turn the tide in public debates. Think of the advantage Republicans gained when discussion of the Affordable Health Care Act became discussion of “Obamacare.” (Conversely, suppose we talked about “Bush-ed” instead of “No Child Left Behind”). Or consider how much thinking about feminism has changed with the demise of “men” as a term for people in general.

These thoughts about philosophy and language occur to me as a significant portion of our nation takes part in the mounting frenzy of “March Madness,” the national college basketball championship. Throughout the tournament, announcers and commentators careful enough to heed the insistence of the National Collegiate Athletic Association, will refer to the players as “student-athletes.”
But is this term accurate? Or should we perhaps leave it behind for a more honest and precise name?

The term “student-athletes” implies that all enrolled students who play college sports are engaged in secondary (“extra-curricular”) activities that enhance their education. Their status, the term suggests, is essentially the same as members of the debate team or the band. As the N.C.A.A. puts it, “Student-athletes must, therefore, be students first.”
There are, of course, many cases of athletes who are primarily students, particularly in “minor” (i.e., non-revenue producing) sports. But what about Division I football and men’s basketball, the big-time programs with revenues in the tens of millions of dollars that are a major source of their schools’ national reputation? Are the members of these teams typically students first?

The N.C.A.A.’s own 2011 survey showed that by a wide variety of measures the answer is no. For example, football and men’s basketball players (who are my primary focus here) identify themselves more strongly as athletes than as students, gave more weight in choosing their college to athletics than to academics, and, at least in season, spend more time on athletics than on their studies (and a large majority say they spend as much or more time on sports during the off-season).

The same priority is reflected in the colleges’ own practices. Football and men’s basketball players are admitted and given full scholarships almost entirely because of their athletic abilities. Academic criteria for their admission are far below those for other students (for example, their average SAT scores are about 200 points lower than those of nonathletes). Realistically, given the amount of time most such athletes devote to their sports, they would have to be academically superior to the average student to do as well in their classes. As a result, according to another N.C.A.A. report, the graduation rate (given six years to complete the degree) for football players is 16 percent below the college average, and the rate for men’s basketball players is 25 percent below. Even these numbers understate the situation, since colleges provide underqualified athletes with advisers who point them toward easier courses and majors and offer extraordinary amounts of academic coaching and tutoring, primarily designed to keep athletes eligible to play.

It’s clear, then, that on the whole members of these teams are athletes first and students second, both from their own standpoint and from that of their schools.

Of course, many supporters of college athletics see no problem here. They think that athletics provides great entertainment, develops loyalty to schools, and has itself an important educational role for team members — not to mention the millions of dollars it brings in. So what’s the harm if high-profile players are more athletes than students?
At a minimum, there’s the harm of saying that players are primarily students when they are not. This is a falsehood institutionalized for the benefit of a profit-making system, and educational institutions should have no part in it.
The deeper harm, however, lies in the fact that, in the United States, there is a strong strain of anti-intellectualism that undervalues intellectual culture and overvalues athletics. As a result, intellectual culture receives far less support than it should, and is generally regarded as at best the idiosyncratic interest of an eccentric minority. Athletics, by contrast, is more than generously funded and embraced as an essential part of our national life.

When colleges, our main centers of intellectual culture, lower standards of academic excellence in order to increase standards of athletic excellence, they implicitly support the popular marginalization of the intellectual enterprise. It is often said that the money brought in by athletics supports educational programs. But the large majority of schools lose money on athletics, and the fact that some depend on sports income confirms, in monetary terms, the perceived superiority of athletics.

To show proper respect for and support of their own central values, colleges need to ensure that their athletes truly are students first of all. To do this they could look no further than their standard practice regarding nonathletic extracurricular activities. They could take account of athletic potential in the admission process the same way they do potential for debate, theater, student government or service projects. All admitted students would have to fall within the same range of academic ability, with exceptionally talented athletes meeting the same standards as applicants with exceptional talents in other areas.

Such a move should be obvious for the many schools that lose large amounts of money on their athletic programs and have relatively little success with them. (I don’t, however, underestimate the pressures to continue even such disastrous programs.) But there’s little practical point to suggesting this move to colleges that make large amounts of money from athletics and strongly identify themselves with winning at the highest level.

Still, it’s hard to see how even these schools can maintain the myth that their revenue-producing players are primarily students, particularly as the moral case grows stronger f or paying the athletes who are central to the tens of millions of dollars some teams bring in each year. But there is a way that profit-making athletic powerhouses could avoid the hypocrisy of the student-athlete.

They could admit athletes who fall far short of their regular academic criteria as “associate students” (or maybe even “athlete-students”), who take just two or three courses a term and are not expected to receive a bachelor’s degree after four years. They would instead receive an associate’s degree (like that currently awarded by some colleges), which would, after four years, put them in a position to gain regular admission to a college where they could complete a bachelor’s degree in two more years. (There would, of course, still be athletes who met standard criteria of admission and so would be expected to earn a regular degree in four years.)

This would end the bad faith involved in pretending that unqualified students, devoted primarily to playing sports, could truly earn a bachelor’s degree. But it would also give a significant educational purpose to the under-qualified athlete’s four years on campus.

Although this is hardly an ideal solution, it’s better than trying to maintain the myth of the student-athlete. But what a magnificent gesture it would be if, say, a school with a legendary and lucrative football program could find the courage to give up the money and the glory for a ringing endorsement of intellectual values.

Daily Compliance Item- 3/22/12-

Back Board is a basketball student-athlete at Ocean State University. Back was a freshman last year and took 2 remedial courses. Unfortunately Back did not pass one of the remedial courses and is taking the course again this year as a sophomore. Can the institution use the repeated course to meet progress toward degree requirements?

No. NCAA Official Interpretation- 2/1/90- Use of repeated remedial course- states that the provisions of Bylaws 14.4.2, and would not permit a student-athlete to use a repeated remedial course subsequent to the initial year of enrollment in order to satisfy the requirements of Bylaw 14.5.2 (satisfactory progress).

Daily Compliance Item- 3/21/12=

Which of the following is true for a prospect who arrives in the locale of the institution too late to begin the official visit?

A. The institution may provide lodging for the PSA the night before the visit begins without starting the 48-hour clock.
B. The institution may provide a meal for the PSA the night before the visit begins without starting the 48-hour clock as long as no staff members and/or student-athletes are present.
C. Both A and B are true
D. The institution may provide lodging and meals for the prospect’s parents the night before the visit begins.

The answer is C. NCAA Official Interpretation- 3/26/09- Meals and Lodging while in Transit to Official Visit (I)- states that the committee reviewed issues related to meals and lodging for prospective student-athletes while in transit to an official visit and confirmed the following:

(a) A prospective student-athlete may receive lodging in the locale of the institution without beginning the 48-hour official visit period in instances in which he or she arrives in the locale too late to begin the official visit that day. Such expenses may not be provided for any other individual who is accompanying the prospective student-athlete on the official visit (e.g., parents, spouse) prior to the start of the 48-hour official visit period, including the cost of additional occupants in the same room.

(b) A prospective student-athlete may receive a drive-thru or “to-go” meal while in transit with an athletics department staff member from the major airport or bus or train station nearest the institution without beginning the 48-hour official visit period. Such expenses may not be provided for any other individual who is accompanying the prospective student-athlete on the official visit (e.g., parents, spouse, children) prior to the start of the 48-hour official visit period.

(c) A prospective student-athlete may receive a “sit-down” meal at the major airport or bus or train station nearest the institution while accompanied by an athletics department staff member at the time of his or her arrival for an official visit or a “sit-down” or “drive-in” meal en route to the institution’s campus with an athletics department staff member, even if such a meal occurs outside a 30-mile radius of the institution’s campus; however, such a meal begins the 48-hour official visit period. Under these circumstances, the prospective student-athlete’s parents (or legal guardians), spouse and/or children may also receive such a meal.

(d) A prospective student-athlete may receive a meal at or in the vicinity of his or her place of lodging without beginning the 48-hour official visit period in instances in which he or she arrives in the locale of the institution too late to begin the official visit that day, provided no athletics department staff members or student-athletes are present during the meal. Such expenses may not be provided for any other individual who is accompanying the prospective student-athlete on the official visit (e.g., parents, spouse, children) prior to the start of the 48-hour official visit period.

[References: NCAA Bylaws (48-hour period defined), 13.6.6 (accommodations on official visit), (meals and lodging while in transit), (meals on official visit), 13.6.8 (entertainment on official visit for spouse, parent or legal guardian of prospective student-athlete) and 13.6.9 (lodging for additional persons); official interpretation (12/20/88, Item No. 18) and staff interpretation (4/13/94, item b), which has been archived]

Daily Compliance Item- 3/20/12- 13.8.1

Ocean State University Women’s Basketball team is hosting NCAA Championship first and second round games. Several High School coaches that have attended games throughout the year have requested complimentary admissions for these games. Is it permissible to provide 2 complimentary admissions to these High School coaches as long as they are provided via a pass list?

No. NCAA Bylaw 13.8.1 states that entertainment of a high school, preparatory school or two-year college coach or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved shall be limited to providing a maximum of two complimentary admissions (issued only through a pass list) to home intercollegiate athletics events at any facility within a 30-mile radius of the institution’s main campus, which must be issued on an individual-game basis. Such entertainment shall not include food and refreshments, room expenses, or the cost of transportation to and from the campus or the athletics event. It is not permissible to provide complimentary admissions to any postseason competition (e.g., NCAA championship, conference tournament, bowl game). An institutional coaching staff member is expressly prohibited from spending funds to entertain the prospective student-athlete’s coach on or off the member institution’s campus. For violations in which the value of the benefit is $100 or less, the eligibility of the prospective student-athlete shall not be affected conditioned on the prospective student-athlete (or the high school, college-preparatory school or two-year coach or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved) repaying the value of the benefit to a charity of his or her choice. However, the prospective student-athlete shall remain ineligible from the time the institution has knowledge of receipt of the impermissible benefit until the prospective student-athlete (or the high school, college-preparatory school or two-year coach or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved) repays the benefit.

Daily Compliance Item- 3/19/12-

The Ocean State University (OSU) Men’s Basketball staff is preparing for the late National Letter of Intent (NLI) signing period next month.  The coaches would like the Director of Ops to contact the academic counselors for those prospects who will be signing NLIs with them to make sure their academic records are up to date, the appropriate paperwork has been submitted to the NCAA Eligibility Center and OSU’s admissions office.  Is is permissible for the Director of Operations to make such calls to the HS academic counselors?
Yes with conditions.  NCAA Staff Interpretation- 3/18/11- Telephone Calls to Guidance Counselors for Academic Information (I)-  states that a telephone call to the appropriate academic authority at the prospective student-athlete’s educational institution (e.g., registrar, guidance counselor) related to admissions or academic issues is not a recruiting coordination function provided there is no solicitation of the prospective student-athlete and nothing beyond the prospective student-athlete’s academic qualifications is discussed.
[References: NCAA Division I Bylaws (recruiting coordination functions), (institutional coaching staff members — general rule) and (exception — prior to national letter of intent signing or other written commitment); official interpretations (10/12/1994, Item No. 9-d) and (12/15/1993, Item No. 6)]