Daily Compliance Item- 5/9/12- 13.11.1.9- Women’s Basketball- Hosting Non-Scholastic Practice

A local women’s basketball AAU team contacted Ocean State University’s (OSU) Director of Women’s Basketball Operations regarding the use of OSU’s facility for summer practice.  Is it permissible for the AAU team to use OSU’s facility?
No.  NCAA Bylaw 13.11.1.9 states that an institution [including any institutional department (e.g., athletics, recreational/intramural)] shall not host, sponsor or conduct a nonscholastic basketball practice or competition in which women’s basketball prospective student-athletes (see Bylaw 13.11.1.1) participate on its campus or at an off-campus facility regularly used by the institution for practice and/or competition by any of the institution’s sport programs.  (Adopted:  1/14/12; a contract signed before 6/28/11 may be honored)
NCAA Educational Column- 5/7/12- Nonscholastic Practice or Competition — Football and Women’s Basketball (I)-states that NCAA Division I institutions should note that an institution [including any institutional department (e.g., athletics, recreational/intramural)] shall not host, sponsor or conduct a nonscholastic basketball practice or competition in which prospective student-athletes in women’s basketball participate on its campus or at an off-campus facility regularly used by the institution for practice and/or competition by any of the institution’s sport programs.
The following exceptions are applicable in the sport of women’s basketball:
1. An institution may host basketball related events that are part of officially an recognized state multisport event;
2. An institution may host, sponsor or conduct a nonscholastic event that involves women’s basketball prospective student-athletes, provided it is an open event and all participating women’s basketball prospective student-athletes reside within a 50-mile radius of the institution’s campus;
3. An institution may host, sponsor or conduct a nonscholastic event that involves women’s basketball prospective student-athletes that is part of a program consistent with the mission of the institution (e.g., state wellness and educational programs); and,
4. An institution may host, sponsor or conduct an ancillary event that is part of a nonathletics program (e.g., Girl Scouts) and is conducted without the involvement of athletics department staff.
In the sport of women’s basketball, institutional facilities may be used for noninstitutional camps or clinics that involve prospective student-athletes during the months of June, July and August, excluding dead periods. However, evaluations at nonscholastic events and noninstitutional camps or clinics that occur on a Division I campus are prohibited, even if the event occurs during a permissible evaluation period.
 Notwithstanding concerns related to coaching staff involvement, many also have noted that these nonscholastic events may provide a significant recruiting advantage for the host institution.
Therefore, the prohibition against hosting, sponsoring or conducting nonscholastic events is applicable to the institution generally, including any institutional department (e.g., athletics, recreational/intramural), effectively removing such events from on-campus facilities, subject to the legislated exceptions. The prohibition also extends to off-campus facilities regularly used by the institution for practice and/or competition by any of the institution’s sports programs, thereby removing such events from these facilities as well.
The following questions and answers are designed to assist the Division I membership with the application of this legislation.
Question No. 1: Is this legislation the same as the legislation that was adopted previously in the sport of men’s basketball (Proposal No. 2009-100-A)?
Answer:Where the newly adopted women’s basketball and football legislation exhibits similarities to the existing men’s basketball legislation, the academic and membership affairs staff has interpreted the football and women’s basketball legislation consistent with the manner in which the basketball enforcement group had interpreted the similar legislation in the sport of men’s basketball. However, even though the legislation is similar, there are some key distinctions. For example, women’s basketball, like men’s basketball, provides exceptions for state multisport events and other events, but those exceptions are not applicable to football. Conversely, in women’s basketball, unlike men’s basketball and football, evaluations at nonscholastic events and noninstitutional camps or clinics that occur on a Division I campus are prohibited.
Question No. 2: What is the definition of a scholastic event for purposes of this legislation?
Answer: The determination of whether an event is considered scholastic or nonscholastic is based both on the status of the individual or entity that conducts the event as well as the nature of the individuals or teams that participate in the event. To be considered a scholastic activity, an event must be conducted by a scholastic entity. Factors that would be relevant in identifying the entity responsible for conducting the event include, but are not limited to, responsibility for staffing and event/game-day operations, responsibility for promoting and advertising the event, the entity that signed the contracts and secured the insurance coverage, and the entity that rented the facility. Further, even if the event is being conducted by a scholastic entity, the event is not a scholastic event if nonscholastic teams participate.
Question No. 3: What if an event is approved by a scholastic entity (e.g., high school athletics association, junior college athletics conference)?
Answer: To be a scholastic event, an event must be conducted by a scholastic entity. Sanctioning or other approval by the scholastic governing body is not sufficient to make an event a scholastic event.
Question No. 4: May an institution host a football or women’s basketball event conducted by a high school coaches association if the coaches association is sanctioned by or affiliated with the a scholastic entity?
Answer:  No. The event must be conducted by the scholastic entity itself as opposed to any sanctioned or affiliated organizations.
Question No. 5: At what point must a scholastic entity be involved with the conduct of an event in order to satisfy the requirement that the event be conducted by a scholastic entity?
Answer:It would not be permissible to host, sponsor or conduct an event that a nonscholastic entity initially formulated. Any attempts to replace a nonscholastic entity’s involvement in the event with a scholastic entity after the nonscholastic entity has formulated the event will not negate a violation. It is, however, permissible for a scholastic entity to exercise discretion in arranging cosponsors, vendors and contractors for an event that the scholastic entity has organized and initiated, provided the scholastic entity retains primary control over the conduct of the event.
Question No. 6: May a high school all-star game or similar contest be considered a scholastic event if it is not part of a high school team’s regular schedule of competition?
Answer: Yes. A high school all-star game may be considered a scholastic event for purposes of this legislation, provided it is conducted by a scholastic entity. It is important to note the distinction between a scholastic event that may be conducted on an institution’s campus in the sport of women’s basketball and a scholastic event at which an evalulation may be conducted. Therefore, it may be possible to host a scholastic basketball event at which it would not be permissible to evaluate (e.g., a high school all-star game conducted by the high school athletics association is not a regularly scheduled competition). Conversely, it may be possible to evaluate at a scholastic basketball event that the institution is not permitted to host (e.g., regularly scheduled high school contest or tournament that is approved but not conducted by the appropriate scholastic authority).
Question No. 7:Is practice or competition involving a national team and conducted by the applicable national governing body considered a nonscholastic practice or competition?
Answer:Yes. Any practice or competition that is not conducted by a scholastic entity, including practice or competition conducted by the applicable national governing body, is considered nonscholastic for purposes of this legislation.
Question No. 8: In the sports of bowl subdivision football and women’s basketball, is an institution permitted to host a national team tryout event that is conducted by the applicable national governing body on its campus?
Answer:No. The national team tryout events exception does not supersede the prohibition on hosting nonscholastic football or basketball events; therefore, it is not be permissible for such an event to occur on campus or in an off-campus facility regularly used by the institution for practice and/or competition.
Question No. 9:If the institution competes regularly in an off-campus facility that is under the control of a noninstitutional entity or organization (e.g., municipality, private management), is the institution responsible for any nonscholastic football or basketball event that occurs at the facility?
Answer:Yes. The institution is responsible for any nonscholastic event that occurs on its campus or at an off-campus facility regularly used by the institution (i.e., 50 percent of the time or more) for practice and/or competition by any of the institution’s sport programs, regardless of whether the facility is under the institution’s control or whether the institution has any involvement in arranging for or approving the use of the facility.
Question No. 10:Is the prohibition applicable to all on-campus facilities, or is the institution permitted to host a nonscholastic event at an on-campus facility that is not used by any of the institution’s sport programs?
Answer:The legislation applies to all on-campus facilities. Therefore, it is not permissible for an institution to host a nonscholastic event in any facility on its campus.
Question No. 11:May an institution host a nonscholastic football or basketball event that does not involve prospective student-athletes?
Answer : Yes. The legislation is applicable only to events that involve prospective student-athletes in football and women’s basketball.
Question No. 12:If an event includes competition involving both prospective student-athletes and nonprospect-aged individuals, is it permissible to host on-campus those portions of the event that involve nonprospect-aged individuals if the prospective student-athletes participate at a permissible off-campus facility elsewhere in the community?
Answer:Yes. It is permissible for an institution to host the portion of the event that involves only nonprospect-aged individuals on its campus.
Question No. 13: May an institution host on its campus the opening ceremonies of a tournament that involves football or women’s basketball prospective student-athletes, provided all practice and competition activities are conducted at a permissible off-campus facility.
Answer:No. It is not be permissible to host any activity in which a football or women’s basketball prospective student-athlete participates while involved with the nonscholastic football or basketball event.
Question No. 14:May a group involving football or women’s basketball prospective student-athletes rent nonathletics institutional facilities (e.g., dormitory, cafeteria) at the going rate for use while participating in a nonscholastic event hosted at a permissible off-campus facility in the community,
A nswer:No. It would not be permissible to host any group involving football or women’s basketball prospective student-athletes in any institutional facilities while the prospective student-athletes are participating in a nonscholastic football or basketball practice or competition.
Question No. 15: What are the eligibility implications for football or women’s basketball prospective student-athletes involved in a nonscholastic event that is hosted, sponsored or conducted in violation of this legislation?
Answer: The institution would be required to declare all involved prospective student-athletes ineligible to represent that institution in intercollegiate athletics and seek reinstatement through the normal reinstatement process.
Question No. 17: Will contracts signed prior to adoption of the legislation be honored automatically?
Answer: A binding, enforceable contract signed before June 28, 2011, for a women’s basketball event, or before August 15, 2011, for a football event, may be honored; however, the terms and length of such contracts must be evaluated for consistency with prior contracts or agreements to determine whether and for how long the event is exempted from the application of the legislation. Institutions should contact the academic and membership affairs staff for assistance with any questions regarding existing contracts.
Women’s Basketball Exceptions.
Question No. 18:Does the exception for events that are part of a program that is consistent with the mission of the institution permit the institution to host nonscholastic competition between high school teams as a show of support for the community or to host a nonscholastic event to raise funds for a charitable initiative?
Answer:An institution may host basketball-only event under this exception only if the event is part of an overall program of activities (e.g., a city-wide program) with a separate, nonathletics nexus. The overall program must be consistent with the mission of the institution and the participants in the event must be representative of the participants in the overall program (e.g., participants represent a broad cross-section of the community).
Question No. 19:May an institution host a nonscholastic competition that is an ancillary part of a nonathletics program (e.g., Boy Scouts, Girl Scouts) and is conducted without the involvement of athletics department staff?
Answer:Yes. The exception is intended to permit the members and/or affiliates of a nonathletics organization to engage in athletic activity that is ancillary to a nonathletic event conducted by the organization on the institution’s campus. For example, if the Girl Scouts are hosting a picnic on the campus, it would be permissible for the Girl Scouts to participate in basketball competition as an ancillary part of that event. However, the exception would not permit a nonathletics organization to sponsor a nonscholastic event for fundraising, entertainment or other purposes where the event involves individuals who are not participants or members in the organization (e.g.,the Girl Scouts could not host an exhibition tournament of four area high school basketball teams as a fundraiser in connection with the picnic).
Question No. 20:May an institution host a nonscholastic event involving multiple sports, including basketball competition, if the event is conducted with the approval of an appropriate state agency?
Answer:No. An officially recognized state multisport event must be organized and administered by an appropriate state entity. Sanctioning or approval by a state entity is not sufficient to meet the exception.
Questions No. 21:If the institution is hosting a women’s basketball competition pursuant the state multisport events exception, is it permissible for athletics department staff to be involved with the conduct of the event?
Answer:The event would still have to be conducted in accordance with an applicable exception to the tryout legislation (e.g., activities not involving institution’s staff). Also, note that, in women’s basketball, evaluations at nonscholastic events and noninstitutional camps or clinics that occur on a Division I campus are prohibited.

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