Daily Compliance Item- 5/31/12- 17.1.6.2.1.1.4- Men’s Basketball Summer Access

Today is the last daily compliance item for the 2011-12 academic year.  I really appreciate all the great feedback and suggestions that many of you provided throughout the year!

 

Have a great summer everyone!  The emails will begin again in August.

 

 

The men’s basketball coaches at Ocean State University are planning their skill instruction sessions for the summer.  Are they required to provide the current student-athletes with a day off?

No.  NCAA Educational Column- 5/8/12- NCAA Division I Men’s Basketball Legislation- addresses the following question:

 

Question:  Are institutions required to provide a day off (or two days off) per week to student-athletes who are participating in required summer athletic activities?

Answer:  No. There is no requirement to provide a day (or days) off during the eight weeks of required activities

 

NCAA Bylaw 17.1.6.2.1.1.4 states that in men’s basketball, a student-athlete who is enrolled in summer school may engage in required weight-training, conditioning and skill-related instruction for up to eight weeks (not required to be consecutive weeks). Participation in such activities shall be limited to a maximum of eight hours per week with not more than two hours per week spent on skill-related instruction. An individual who is not eligible to use the exception to summer school enrollment (Bylaw 17.1.6.2.1.1.4.1) may participate only during the period of the institution’s summer term or terms (opening day of classes through last day of final exams) in which he is enrolled.

Daily Compliance Item- 5/30/12- 11.7.4.3- Baton Rule

With the spring evaluation period coming to an end, the football coaches at Ocean State University want to make sure they get in a few last recruiting trips.  The total number of permissible recruiters is on the road recruiting today and the first assistant coach will complete his recruiting activities at noon.  Another assistant coach will replace him and begin recruiting at 1pm today.  The first assistant coach would like to recruit again tomorrow.  Does he have to return to campus prior to engaging in additional recruiting activities?

Yes.  NCAA Bylaw 11.7.4.3 states that it is permissible for a coach to leave campus to engage in off-campus contact or evaluation before another coach who is off campus actually returns to campus, provided the total number of coaches recruiting on behalf of the institution at any time does not exceed the permissible number.  The coach being replaced must complete his or her recruiting activities before another coach may begin any off-campus recruiting activity.  Further, the replaced coach may not engage in additional recruiting activities until after he or she has returned to the institution’s campus.

Daily Compliance Item- 5/29/12- 13.4.3.1.2

 

The Ocean State UniversityBaseball Coaches would like to use the billboard at a local high school to advertise for their upcoming summer camps.  As long as the advertisements indicate the camps are open to any and all participants, is this permissible?

No.  NCAA Staff Interpretation- 5/28/09- Institutional Summer Camp Advertisement on Billboard at High School Stadium (I)- states that an institution may not advertise its summer camp or clinic on a billboard located at a high school stadium.

[Reference:  Division I Bylaws 13.4.4.1 (recruiting advertisements) and 13.4.4.1.2 (summer camp advertisements) and a staff interpretation (3/11/92, item d), which has been archived]

Daily Compliance Item- 5/25/12- Current Event

Ohio State denies it is facing major NCAA violations

 

USAToday.com

 

Ohio State athletics director Gene Smith wants everyone to know the school is not facing more sanctions from the NCAA.

 

Smith issued a statement following an article in the Ohio State’s student newspaper, The Lantern, which quoted him as saying the school was facing 12 NCAA violations and it was unclear whether they would be deemed secondary or major.

 

“Contrary to reports attributed to me, Ohio State Athletics is not facing any major NCAA violations,” Smith said in a statement released Thursday. “There are several secondary violations being processed by our compliance office. These are similar to those released last week. Again, these are secondary in nature and consistent with our culture of self-reporting even the most minor and inadvertent violations.

 

“Again, to be clear, the Ohio State football program, its coaches and staff are not facing any violations.”

Ohio State went public last week with an acknowledgement that the school committed 46 violations in the last year.

Smith, however, said that number is consistent with previous years.

 

“On an annual basis, we have about 40 (violations),” Smith told The Lantern. “It ranges in that area we’re sitting at. In that 40 range is where we always hang.

 

“Our whole thing is if we have 10 (violations), I’d have a problem. I mean, I really would, because people are going to make mistakes. And that means if I only have 10 out of 350 employees (and) 1,000 athletes — something’s not right.”

 

On a subsequent email, Ohio State detailed the 12 violations of which four involved the football program that is banned from the postseason this fall:

 

– Football – The compliance office approved the use of mini basketballs during a football winter conditioning workout.

 

– Men’s Gymnastics – The practice activities of a gymnastics alum were publicized.

 

– Institutional – Two baseball prospective student-athletes arrived on campus for official visits before being placed on the request list.

 

– Institutional – Athletics financial aid agreements were issued to three prospective student-athletes without being signed by the financial aid director.

 

– Football – A former assistant football coach had an inadvertent contact or “bump” with a prospective student-athlete.

 

– Field Hockey – A former assistant coach sent an email to a prospective student-athlete believing that she was a 2013 high school graduate.

 

– Men’s Tennis – A high school football coach and friend of the tennis program’s head coach stopped by the tennis training facility unannounced with an assistant coach and four prospective student-athletes during a dead period.

 

– Baseball – A prospective student-athlete in grade 12 registered and showed up for an Ohio State camp for participants in grades 9-11 even though he was told he was not eligible to compete at the camp. A t-shirt was given to the individual to defuse the situation when he got upset that he couldn’t compete.

 

– Baseball – A prospective student-athlete received a complimentary admission to a home baseball game during a dead period.

 

– Women’s Hockey – A former assistant coach inadvertently sent an email to a 2014 prospective student-athlete when the prospect was mistakenly entered into the recruiting data base by the previous coaching staff as a 2013 graduate.

 

– Football – The program understood the aunt of a prospective student-athlete was his legal guardian and provided food and lodging expenses to her for the official visit.

 

– Football – An assistant coach inadvertently posted on the Facebook wall of a 2013 prospective student-athlete, believing at the time he was using the email inbox function of Facebook.

 

PLEASE NOTE:  This article was selected for educational puropes only.

Daily Compliance Item- 5/24/12- 13.1.2.2- Interpreters

The men’s basketball coaches at Ocean State University (OSU) are recruiting a prospective student-athlete from Germany.  The prospect speaks English but his parents do not, so the coaches have arranged for one of OSU’s professors to travel with them to Germany when they visit with the prospect and his family.

 

Is this permissible?

 

Yes.  NCAA Bylaw 13.1.2.2 (f)- states that it is permissible for an interpreter to be present during an institution’s in-person, off-campus contact with a prospective student-athlete or the prospective student-athlete’s parents (or legal guardians), provided that if the institution is involved in making the arrangements for the use of the interpreter, the interpreter must be a faculty member or a professional interpreter. It is not permissible for the interpreter to be an enrolled student-athlete, a family member of an enrolled student-athlete or a representative of the institution’s athletics interests.

Daily Compliance Item- 5/23/12- 16.8.1.3- Expenses for Student-Athletes that Exhausted Eligibility

There are several student-athletes at Ocean State University that will be participating in tryout events for the Olympic Games.  These individuals exhausted eligibility during the 2011-12 academic year and still have time remaining on their five-year clock.  Is it permissible for Ocean State University to provide expenses for these student-athletes to participate in tryout events?

 

Yes.  NCAA Staff Interpretation- 11/15/95- Expenses To a Student-Athlete Who Has Exhausted Eligibility- states that an institution may provide a student-athlete actual and necessary expenses for the student-athlete to participate in Olympic, Pan American and World University tryouts provided the student-athlete was eligible to represent the institution the previous academic year the tryouts or qualifying competition occurs during the following summer after the student-athlete has exhausted eligibility and the student-athlete has time remaining on his or her five-year clock. [Note: This minute replaces staff minutes 04/26/91, item b, which has been archived.] [References: NCAA Interpretations Committee minutes 08/22/90, Item No. 9, and NCAA Bylaw 16.8.1.3 (expenses provided by the institution for practice and competition)]

Daily Compliance Item- 5/22/12- 13.12.1.7.4- Gifts to Campers

The women’s basketball coaches at Ocean State University purchased apparel, etc. from Nike for their summer camps this year.  As a thank you for their business, Nike sent Ocean State University towels to give out during their camps.

Can the coaches give the towels free of charge to the campers?

No.  NCAA Bylaw 13.12.1.7.4 states that prospective student-athletes may receive awards from a member institution’s sports camp or clinic with the understanding that the cost of such awards is included in the admissions fees charged for participants in the camp or clinic.

NCAA Educational Column- 4/9/09- Attendance Restrictions at Institutional and Noninstitutional Camps/Clinics and Material Benefits Provided at Institutional Camps/Clinics (I) states that NCAA Division I institutions should note that pursuant to NCAA Bylaw 13.12.1.2, an institution’s sports camp or clinic must be open to any and all entrants.  An institutional camp or clinic is any camp that is owned or operated by the institution or an athletics department staff member at the institution and includes participants who are prospective student-athletes. An institution may limit the attendance at its sports camps and clinics only by number, age, grade level and/or gender. Further, Bylaw 13.12.2.3.3 permits athletics department personnel, in sports other than basketball, to serve in any capacity at a noninstitutional, privately owned camp or clinic that involves prospective student-athletes as participants, provided the camp is operated in accordance with restrictions applicable to institutional camps (e.g., open to any and all entrants, no free or reduced admission to or employment of athletics award winners, etc.).

Finally, in accordance with Bylaw 13.12.1.7.4, prospective student-athletes may receive material benefits (e.g., awards, prizes, apparel) from an institution’s sports camp or clinic only if the cost of the material benefits is included in the admissions fees charged for the camp or clinic.

Recently, the NCAA Division I Legislative Council reviewed issues related to the promotion of institutional camps and clinics.  The council issued an official interpretation determining that an institution may advertise or promote an institutional camp or clinic in any way, provided any camp or clinic advertisement or promotion (e.g., camp brochure, Web site, newspaper or magazine advertisement) stipulates that the camp or clinic is open to any and all entrants (limited only by number, age, grade level and/or gender).  The following questions and answers are designed to assist Division I institutions in the correct application of these bylaws.

 

Attendance Restrictions

Question:  Is it permissible for an institution to limit the attendance at a sports camp or clinic based on the skill level of the participants (e.g., elite athletes, letter award winners, high school varsity athletes)?

Answer:  No, it is not permissible for an institution to limit the attendance at a sports camp or clinic in any way based on skill level.  The only permissible limitations on attendance are number, age, grade level and/or gender.

Question:  May an institution advertise or promote an institutional sports camp or clinic as an “elite” camp or clinic?

Answer:  Yes, an institution may use any words or phrases to advertise or promote its institutional camps and clinics, provided the advertisement or promotion states that the camp or clinic is open to any and all entrants, in accordance with camps and clinics legislation.

Question:  If it appears that an institutional camp or clinic is open to any and all entrants (e.g., no reference to elite camp) is an institution required to include a specific statement stipulating that the camp or clinic is open to any and all entrants on all advertisements or promotions for the camp or clinic?

Answer:  Yes, all institutional camp and clinic advertisements and promotions must include a statement stipulating that the camp or clinic is open to any and all entrants, regardless of how the camp or clinic is advertised.

Question:  May an institution include a statement or description in a camp or clinic advertisement that states advanced techniques will be taught at a camp or clinic without violating the attendance restriction regulations?

Answer:  Yes, a statement or description may be included in an advertisement to inform potential participants of the level of instruction that will be provided at the camp or clinic, including advanced techniques, to allow the participants to make an informed decision about attendance at the camp or clinic.  The advertisement, however, must stipulate that the camp or clinic is open to any and all entrants, in accordance with camps and clinics legislation.

Question:  May an institution advertise and/or conduct a camp or clinic as a position camp?  For example, may a volleyball program conduct a “setter’s camp”??

Answer:  Yes, institutions may conduct position camps provided no level of experience, skill or ability is required and the camp is open to any and all entrants.  Any advertisements must include a statement stipulating that the camp or clinic is open to any and all entrants, in accordance with camps and clinics legislation.

Question:  May an institution conduct an “invitation only” camp?

Answer:  No.  “Invitation only” camps are not permissible because attendance it is not open to any and all entrants, limited only by number, age, grade level and/or gender.

Question:  Is it permissible for a coach to invite certain prospective student-athletes to a camp that is open to any and all entrants?

Answer:  Yes, an institution’s coach may invite certain prospective student-athletes to a camp, provided the camp is open to any and all entrants. However, an institution may not provide any type of priority registration for specific prospects. Additionally, an institution must abide by all applicable recruiting legislation when inviting certain prospects to a camp. For example, a coach may not call or write a prospective student-athlete in ninth grade to extend a camp invitation.

Question:  May an institution reserve spots at a camp or clinic for specific prospective student-athletes?

Answer:  No, an institution is not permitted to reserve spots at a camp or clinic for specific prospective student-athletes.  For example, if a camp is limited to the first 100 entrants, the institution may not reserve 25 of the 100 places for the coach’s top recruits.  The coach would be permitted to invite those 25 recruits; however, if any of them are not within the first 100 to register, they would not be permitted to attend the camp or clinic.

Question:  Is it permissible for an institution to conduct team camps without violating camps and clinics attendance restriction legislation?

Answer:  Yes, an institution is permitted to conduct a team camp.  A team camp must be open to any and all teams limited only by number of teams, age of the members of the teams, grade level of members of the teams (e.g., high school, middle school) and/or the gender of the teams.

It should also be noted that the promotion of team camps is held to the same restrictions as any other institutional sports camp or clinic.  Therefore, team camp advertisements and promotions must include a statement stipulating that the camp is open to any and all teams, limited only by number, age, grade level and/or gender.

Question:  May an institution’s athletics department staff member work at a noninstitutional camp or clinic that is advertised as an elite camp or clinic?

Answer:  Yes, provided the camp is conducted in accordance with the legislation regulating institutional camps or clinics.  Therefore, in order for an athletics department staff member to be employed on a salaried or volunteer basis at a noninstitutional camp or clinic, advertisements or promotional materials must stipulate that the camp or clinic is open to any and all entrants.  Athletics department administrators (e.g., rules compliance personnel) are encouraged to review noninstitutional camps/clinics advertisements and promotional materials prior to permitting coaches and other athletics department staff members to be employed.

 

Provision of Apparel and Awards

Question:  May an institution provide apparel and/or other merchandise (e.g., equipment, posters, gifts) to camp or clinic participants?

Answer:  Yes, an institution may provide apparel and/or merchandise to camp and clinic participants, provided the total cost of the items is included in each camp or clinic participant’s admissions fee.  If the cost of the items is not included in each participant’s admissions fee, then the institution is providing participants an impermissible benefit.  For example, if an institution provides each camp participant a basketball and a shirt valued at $45 but the camp admissions fee for each participant is only $40, the institution has provided an impermissible benefit to each participant who received those items.

 

Question:  May an institution provide apparel and/or other merchandise (e.g., equipment, posters, gifts) that it receives free of charge or at a reduced rate to camp participants without including the normal retail cost of the item(s) in the participants admissions fee?

 

Answer:  No, the institution must assign normal-retail value to the item(s) it provides to camp participants regardless of whether the institution received the item(s) free of charge or at a reduced rate.  The normal-retail value of the item(s) must be included in the participants’ admissions fee.

Question:  Per Bylaw 13.12.1.6.4, the cost of awards received by prospective student-athletes at an institutional camp or clinic must be included in the admissions fees charged to participants at the camp.  Does the full cost of each award have to be included in the admissions fee for each camp participant even though not all camp participants will receive an award?  For example, if all awards provided at the camp cost $100, does the $100 have to be included in each camp participant’s admissions fee?

Answer:  No, the full cost of each award does not need to be included in each participant’s admissions fees.  However, the full cost of the awards must be included collectively in the admissions fee for all camp participants.  For example, if the total cost of all awards to be given out at an institutional camp or clinic is $100 and the camp attendance is capped at 100 participants, each individual admissions fee would have to include an additional $1 used to cover the awards provided at the camp or clinic.

Daily Compliance Item- 5/21/12- 13.1.1.3.1

Cover Three, a football student-athlete at Ocean State University (OSU), would like to transfer to Bay State College in the fall.  OSU denied Cover’s request for permission to contact.  The director of compliance informed Cover of this in a phone conversation within three business days of the request and informed him of his opportunity for an appeal hearing.

Is there a violation in the above fact pattern?

Yes.  NCAA Bylaw 13.1.1.3.1 states that if the institution decides to deny a student-athlete’s request to permit any other institution to contact the student-athlete about transferring, the institution shall inform the student-athlete in writingthat he or she, upon request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and non-athletics faculty/staff members).  The institution shall conduct the hearing and provide written results of the hearing to the student-athlete within 15 business days (see Bylaw 13.02.1) of receipt of the student-athlete’s written request for a hearing.  The student-athlete shall be provided the opportunity to actively participate (e.g., in person, via telephone) in the hearing.  If the institution fails to conduct the hearing or provide the written results to the student-athlete within 15 business days, permission to contact the student-athlete shall be granted by default and the institution shall provide written permission to the student-athlete.

This is an actual secondary infractions case on LSDBi.

Daily Compliance Item- 5/18/12- Current Event- MLB and NCAA

NCAA, MLB ponder partnership on additional scholarships USA TODAY Over a five-decade coaching career that has produced an NCAA-record 1,846 victories and five national championships, Texas’ Augie Garrido has awarded one full scholarship. That went to five-time major league All-Star Tim Wallach, who played for Garrido at Cal State-Fullerton in the 1970s. But if a proposed partnership between the NCAA and Major League Baseball comes together, Garrido — and many other Division I baseball coaches — will have the luxury of offering more full rides to premier recruits, possibly including junior college transfers. MLB is considering funding a full scholarship for select Division I programs in an effort to improve diversity in the college game and augment the increasingly productive stream of major leaguers who developed their skills at the college level. Discussions between MLB and the NCAA have been ongoing for years and are not close to being finalized. But both sides see an upside. “This is out of the ordinary in how we’ve conducted business in the past, and we fully understand that this is a novel idea that must be approached carefully,” said Dennis Poppe, NCAA director of football and baseball operations. “A lot of things are still on the table, but this is something that frankly can really enhance the college game.” While affirming its belief that a strong NCAA baseball program benefits the overall growth of the game and enhances the development of professional players, MLB is being more guarded in its public comments. “Our discussions with the NCAA are at a conceptual phase,” said Rob Manfred, executive vice president of league affairs and economics. “It is unclear whether an agreement will be reached on any single concept, including a scholarship program. The details of any such program and possible tradeoffs with the NCAA are completely speculative at this point.” Division I baseball programs can offer a maximum of 11.7 scholarships (a total dropped from 13 in 1991), far short of the number needed to accommodate a sport that uses 20 players on a regular basis. Coaches can’t afford to devote a full scholarship to one player and must divide the aid into partial grants. Starting pitchers and impact position players — usually catchers, shortstops and center fielders — attract the highest-percentage scholarships at most schools, normally 50% to 80% of a full grant. The NCAA mandates that no scholarship be less than 25% of a full ride and that a maximum of 27 players can receive aid. “We are very limited and in this economy, baseball is not likely to get additional scholarships from member institutions in the immediate future,” said Dave Keilitz, executive director of the American Baseball Coaches Association and a member of the committee exploring an agreement with MLB. “This is an opportunity to attract some really elite athletes, and if it can happen, it will be one of the best things that has ever happened to college baseball.” More than 300 Division I schools field baseball teams, but less than half that fully fund those programs in terms of scholarships and budgets. It is unclear whether MLB would offer additional aid to every D-I institution or only those that have made a major commitment to the game. “I wouldn’t be in favor of that,” said Ray Tanner, coach of two-time defending national champion South Carolina. “If you’re not fully funded, you need the scholarship more than anyone else. I don’t think you can exclude those schools. “I’m ecstatic that Major League Baseball and college baseball are working together. As far as scholarships go, I do think it probably would have to be tweaked a little bit, but I’m all about working together.” Keilitz said discussions with MLB have not zeroed in on which schools would be offered aid. “Certainly from the Major League Baseball side, they want to assist programs that have made a commitment to baseball,” Keilitz said. “How many scholarships a school has got to offer (to have access to MLB assistance) has not been determined, but it reaches beyond just those fully funded programs.” Another possible requirement for the MLB scholarship would be that it not be split among multiple players. This would help attract minority players who are gravitating toward football and basketball, sports which offer full scholarships. “This, clearly, would offer us a better chance to include minorities in our programs who otherwise would be unable to afford to play baseball,” Garrido said. According to the NCAA, 5% of Division I baseball players last year were African Americans. A USA TODAY Sports survey pegged the percentage of black players on MLB opening-day rosters this season at 8.1%. “I agree 100% that it would have a positive impact on diversity and create a chance for the minority or disadvantaged kid,” Oregon coach George Horton said. “But do you help one kid or help several kids (by dividing the scholarship)? That may need to be massaged a little bit. But if (keeping the scholarship intact) is the only way MLB will fund the scholarship, I think we would all say yes.” College-trained players are becoming a more critical piece of the major league pie. Last year, roughly 50% of MLB players came from college while 25% signed out of high school and 25% came from other countries. “Last year, of the eight teams in the playoffs, 78 out of 200 were Division I players,” Keilitz said. “That number was 17 of 25 for the Arizona Diamondbacks. You would never have come close to seeing that 12, 15 years ago. The trend is going strong toward drafting college players.”

Daily Compliance Item- 5/17/12- 12.1.2.1.4.3.2- Expenses and Benefits for Olympic Team Members

Flip Turn is a swimming student-athlete at Ocean State University.  Flip has qualified for the Olympic Games and will be joining Team USA in London this summer.  In addition to actual and necessary expenses, each US Olympic team member will receive other non-monetary expenses and benefits incidental to their participation in the event.

 

Is it permissible for Flip to receive those same incidental expenses and benefits as her teammates?

 

Yes.  NCAA Bylaw 12.1.2.1.4.3 states that it is permissible for members of an Olympic team to receive all nonmonetary benefits and awards provided to members of an Olympic team beyond actual and necessary expenses, including entertainment, equipment, clothing, long distance telephone service, Internet access, and any other item or service for which it can be demonstrated that the same benefit is available to all members of that nation’s Olympic team or the specific sport Olympic team in question.