Daily Compliance Item- 4/26/12- 13.1.7.19

The men’s basketball coaches at Ocean State University (OSU) are recruiting Fade A. Way, one of the top junior prospects in the country.  Fade has been invited to tryout for the World University Championship Games this summer, so a lot of coaches are wanting to watch the tryout.  The dates for the tryout are during a dead period.  Since the World University Championships is an elite international event, is it permissible for the coaches to watch the tryout associated with the event during a dead period?

 

No.  NCAA Bylaw 13.1.7.19 states that coaching staff members may attend Olympic, Pan American, World Championships, World Cup, World University Games or World University Championships competition that occurs outside the permissible contact and evaluation periods.  However, attendance at qualifying competition for such events, including tryouts, remains subject to the applicable recruiting calendars. (Adopted: 1/9/06 effective 8/1/06, Revised: 1/14/12)

Daily Compliance Item- 4/25/12- 14.1.10

Foul Ball is a softball student-athlete at Ocean State University (OSU).  Foul was eligible at the start of the 2011-12 academic year but became ineligible for the spring 2012 semester because her GPA fell below the minimum requirement.  The softball team will still be competing after the conclusion of the spring semester.  Can Foul begin participating in competition once the spring semester is over if she meets all NCAA progress toward degree requirements?

Yes with conditions.  NCAA Official Interpretation- 5/14/04- Certification of Eligibility at the End of the Academic Year- states that a student-athlete who was eligible for competition at the beginning of the academic year, but became ineligible at midyear, (e.g., due to failure to meet the six-hour requirement) could be certified as eligible at the end of the academic year for competition in a season already in progress (e.g., outdoor track and field, baseball) provided the student-athlete meets all applicable progress-toward-degree requirements to be eligible for competition during the subsequent fall term.  [References:  NCAA Bylaws 14.1.10 (change in eligibility status) and 14.4 (progress-toward-degree requirements); and a 4/27/89 official interpretation, Item No. 10]

Daily Compliance Item- 4/23/12- 17.02.4, 17.02.8

Three women’s tennis student-athletes at Ocean State University (OSU) have qualified for the NCAA Championships.  After arriving in the locale of the championship, the OSU coaches aranged for their student-athletes to practice with student-athletes at another institution.  Will this joint practice session count as a date of competition?

 

No.  NCAA Staff Interptation- 10/26/94- Participation in Joint Practices at NCAA Championships- states that in individual sports (e.g., tennis), it is permissible for an institution’s team or individual student-athlete who is participating in an NCAA championship to engage in practice sessions during the championship with another institution’s team or individual student-athlete who also is participating in the championship without using a date of competition.

 

[References: 17.02.6 (date of competition, countable, institutional) and 17.02.7 (date of competition, countable, individual student-athlete), and IC 02/22/90, Item No. 1]

 

NCAA Bylaw 17.02.8 states that intercollegiate competition is considered to have occurred when a student-athlete in either a two-year or a four-year collegiate institution does any of the following: (Revised: 1/10/95)

 

(a) Represents the institution in any contest against outside competition, regardless of how the competition is classified (e.g., scrimmage, exhibition or joint practice session with another institution’s team) or whether the student is enrolled in a minimum full-time program of studies; (Revised: 1/10/91)

 

(b) Competes in the uniform of the institution, or, during the academic year, uses any apparel (excluding apparel no longer used by the institution) received from the institution that includes institutional identification; or (Revised: 1/16/93, 1/11/94, 1/9/06)

 

(c) Competes and receives expenses (e.g., transportation, meals, room or entry fees) from the institution for the competition.

Daily Compliance Item- 4/20/12- Current Event

Franklin & Marshall women’s coach fired amid hazing inquiry

  USAToday.com–AP

Vice President of Communications Cass Cliatt told the Associated Press on Wednesday that the school fired head coach Lauren Paul on Tuesday and suspended the players after confirming details of the hazing.

“Coaches at F&M are educators,” Cliatt said. “F&M expects all coaches to be responsible for maintaining a supportive environment and an atmosphere of trust consistent with the educational goals of the institution, and to serve as guardians over the health and well-being of their players.”

A phone listing for Paul could not immediately be located Wednesday.

Cliatt would not release details of the alleged hazing or the names of the players suspended, citing privacy rules. The suspended players remain enrolled at the school.

 

The Intelligencer Journal/Lancaster New Era reported 11 players are no longer listed on the roster, including eight of nine seniors and seven of the team’s top 10 scorers.

Lancaster police Lt. Todd Umstead said there is no criminal investigation into the matter.

The Lancaster County district attorney’s office did not immediately return phone calls seeking comment.

Cliatt said the hazing was reported anonymously to Lancaster police in February and that school officials also received reports. After preliminary inquiries, a formal investigation began April 10, according to a letter sent to the college community by Dean Kent Trachte.

“F&M takes any allegation of hazing very seriously and has strong and clear policies against any form of hazing as part of our deep commitment to safeguarding student health, safety and well-being,” Trachte wrote.

Paul, a 2003 F&M grad, led the Diplomats to the 2009 Division III national championship in her first season as head coach and had a 68-10 record. The team made it to the national semifinals the following year and the national quarterfinals last season.

The school’s field hockey coach is taking over as interim coach and the team will finish the season, school officials said.

The Diplomats, 12-2 and ranked No. 7 in the Intercollegiate Women’s Lacrosse Association poll, plays its first game without Paul on Wednesday, facing top-ranked Gettysburg (Pa.).

Daily Compliance Item- 4/19/12- 13.1.3.1.4.1

The Ocean State University (OSU) women’s basketball coaches are recruiting Charity Stripe, a junior in high school. Charity’s father is an assistant coach for her non-scholastic team and is the head coach of her high school team. Can OSU communicate with Charity’s father above and beyond the permissible limits for telephone calls with parents as long as the discussions do not involve the recruitment of Charity and only pertain to the recruitment of Charity’s teammates? The answer is yes. NCAA Bylaw 13.1.3.1.4.1states that an institution may not have any additional communication with a parent or legal guardian of a prospective student-athlete who serves on the staff of his or her daughter’s non-scholastic team unless the parent or legal guardian also serves as a head coach of his or her daughter’s scholastic team and the additional communication is unrelated to recruitment of his or her daughter. (Revised: 10/27/06) Given recent infractions cases in this area, institutions should keep records on file to document such calls.

Daily Compliance Item- 4/18/12- 15.2.8.1.2.5

Ocean State University (OSU) is calculating summer school expenses to complete its year end budget analysis. There are a couple of student-athletes who were not awarded athletic aid during the 2011-12 academic year but will be receiving a 50% athletic scholarship during the 2012-13 academic year. Is it permissible for OSU to provide these student-athletes with athletic aid this summer? If so, how much? Yes it is permissible to provide these student-athletes with athletic aid this summer, up to 50% of a full grant in aid. NCAA Bylaw 15.2.8.1.2.5 states that a student-athlete who has not received athletically related aid from the certifying institution during a previous academic year may receive athletically related financial aid to attend the institution’s summer term or summer school under the following conditions: (Adopted: 1/15/11) (a) The student-athlete has been awarded athletically related financial aid for the following academic year; and (b) The aid is awarded only in proportion to the amount of athletically related financial aid the student will receive for the following academic year.

Daily Compliance Item- 4/17/12- 12.5.1

Ocean State University (OSU) athletic department recently signed a contract wth a new apparel manufacturer, so the athletic department would like to create a catalog to promote the new clothing line. The catalog will only include the new products the institution will be selling.  Can OSU use its student-athletes to model clothes for the catalog?

 

Yes.  NCAA Staff Interpretation- 6/8/90- Student-athlete modeling institution’s clothing for institutional promotion- states that it is permissible for a student-athlete to model clothing (e.g., t-shirts, sweatshirts) in a catalog designed solely to promote the sale of institutional products (the sale of which may generate revenue only for the institution).

 

[Note: This staff minute replaces Item No. 1-(f) of the December 1, 1987, staff minute, which now has been archived in the legislative services data base.]

Daily Compliance Item- 4/16/12- 17.1.6.6.1

Ocean State University men’s tennis team will still be in their season when summer school starts next week.  The coaches would like to move practice from 4pm to 10am during the week.  NCAA Bylaw 17.1.6.6.1 states that it is not permissible for a student-athlete to miss class during the academic year for practice activities except when traveling to an away from home contest and the practice is in conjunction with the contest.

 

Can a student-athlete miss class during summer school to participate in practice?

 

No.  NCAA Staff Interpretation- 6/11/10- Missed Class Time for Practice Activities (I)- states that a student-athlete may not miss class at any time (e.g., regular academic term, mini term, summer term) for practice activities, except when a team is traveling to an away-from-home contest and the practice is in conjunction with the contest.

 

[References: NCAA Bylaw 17.1.6.6.1 (no class time missed for practice activities) and a staff interpretation (8/20/97, Item No. a), which has been archived]

Daily Compliance Item- 4/13/13- Current Event

Baylor cited for failure to monitor

Baylor University failed to monitor its men’s and women’s basketball programs and violated recruiting rules, according to findings by the NCAA Division I Committee on Infractions. The current men’s basketball head coach also was cited for failure to monitor, and a former assistant men’s basketball coach was found to have engaged in unethical conduct, according to the findings.

 

Penalties in this case include three years of probation, recruiting restrictions and scholarship reductions. The current head men’s basketball coach received a suspension of two conference games next year and telephone call recruiting restrictions. The former assistant men’s coach received a one-year show-cause for recruiting activities. The current head women’s basketball coach received off-campus and telephone recruiting restrictions.

 

This case was resolved through the summary disposition process, a cooperative effort where the involved parties collectively submit the case to the Committee on Infractions in written form. The NCAA enforcement staff, university and involved individuals must agree to the facts of the case in order for this process to be utilized instead of having a formal hearing.

 

The violations in the men’s and women’s basketball programs occurred over four years and included approximately 750 impermissible recruiting text messages and more than 500 recruiting calls not allowed under NCAA rules, which are created and adopted by member schools.  According to the findings in the case, the head men’s basketball coach did not adequately monitor the program, which was related to his failure to inform the administration of a potential violation and insufficient oversight of his two assistant coaches’ recruitment activities. In addition, a former assistant men’s basketball coach committed unethical conduct when he attempted to influence two nonscholastic coaches to provide false and misleading information during the investigation.

 

The men’s basketball program also was found to have impermissibly used talent scouts at its basketball clinics. The case included multiple secondary violations as well, which are outlined in the public report. These included violations in the women’s basketball program for the employment of prospects at university camps, recruiting publicity by a booster organization and impermissible inducements and contacts with two prospects.

 

Overall, the public report fully details all of the penalties in this case, which include:

• Public reprimand and censure.
• Three years of probation from April 11, 2012, through April 10, 2015.

Men’s basketball

• The head men’s basketball coach must be suspended from all coaching duties during the first two conference games of the 2012-13 season.
• One-year show-cause order for former assistant men’s basketball coach, which prohibits any recruiting activity.
• Reduction of one scholarship (from 13 to 12) for the 2011-12 and 2012-13 academic years.
• Reduction of five official visits (from 12 to 7) for the 2012-13 academic year.
• Reduction of 15 recruiting evaluation days (from 130 to 115) for the 2012-13 academic year.

Women’s basketball

• Reduction of two scholarships (from 15 to 13) for the 2011-12 academic year.
• The head women’s basketball coach will not participate in off-campus recruiting for the full summer recruiting period (July 1 – 31, 2012).
• An assistant women’s basketball coach will not place any recruiting calls during a four-month period from January through April, 2012.

The Division I Committee on Infractions is an independent group comprised of representatives across NCAA membership and the public. The members of the committee who reviewed this case include Melissa (Missy) Conboy, deputy director of athletics at the University of Notre Dame and acting chair of the Committee on Infractions. Other members are John S. Black, attorney; Eleanor Myers, faculty athletics representative and law professor at Temple University; James O’Fallon, law professor and faculty athletics representative for University of Oregon; Gregory Sankey, executive associate commissioner and chief operating officer of the Southeastern Conference; and Dennis Thomas, commissioner of the Mid-Eastern Athletic Conference.

Daily Compliance Item- 4/12/12- 13.13.1

The Men’s Basketball Director of Operations at Ocean State University was asked to serve as an honorary captain for a local high school all-star game this weekend.  The organizers of the event would like to get the community more involved to help increase attendance.

Is this permissible?

No.  NCAA Official Interpretation- 10/26/89- Athletic department staff member’s involvement in high-school all-star game- states that an athletics department staff member from an NCAA member institution would be precluded from serving as an honorary captain at a state high school all-star game, inasmuch as such an arrangement would result in the indirect promotion of a high school all-star athletics contest.