Daily Compliance Item- 5/16/12- 13.11.2.1- On-Campus Evaluation- Men’s Basketball

The Men’s Basketball Coaches at Ocean State University want to have several prospects participate in on-campus evaluations over the summer.  To make sure they are able to properly evaluate each participant, the coaches would like to videotape these on-campus evaluations.  Is this permisible?

 

Yes.  NCAA Division I Men’s Basketball Legislation Question and Answer Document- (updated May 8, 2012) states that it is permissible to record video of an on-campus evaluation for further review after the actual evaluation.

Daily Compliance Item- 5/15/12- 15.2.8.1.2- Summer Aid vs. Vacation Period Expenses

Par Three is a golf student-athlete at Ocean State University.  Par and a few of his teammates have qualified for the NCAA championships, so they are required to remain on campus to practice.  Additionally, Par has enrolled in summer school classes that will take place while he is preparing for the tournament.  Par is receiving a full athletic scholarship to cover his summer school expenses.  As part of his full scholarship, Par will receive the full cost of room and board.

 

Is it permissible for Ocean State University to provide Par with the same room and board stipend as his teammates that are not enrolled in summer school?

 

No.  Par is receiving financial aid to cover the full cost of room and board, and he is not permitted to receive any expenses in excess of the full cost of room and board.  NCAA Staff Interpretation- 5/13/11- Summer Financial Aid and Vacation Period Expenses (I)- states that a student-athlete who is enrolled in an institution’s summer term, and is required to remain on campus for organized practice sessions (e.g., practice in preparation for an NCAA championship), may receive financial aid in accordance with the summer financial-aid legislation and vacation-period expenses, provided the student-athlete does not receive vacation-period expenses, in combination with any room and board financial aid, in excess of the full cost of room and board (as determined for financial aid purposes) during the time in which the student-athlete is required to remain on campus for practice or competition.

 

[References: NCAA Bylaws 15.2.8.1.2 (enrolled student-athletes), 16.5.2 (vacation-period expenses) and staff interpretation (04/12/1991, Item Ref d), which has been archived]

Daily Compliance Item- 5/14/12- 13.12.1.5- Men’s Basketball Institutional Camps

The men’s basketball coaches at Ocean State University would like to conduct an institutional camp during one of the dead periods in July.  Is this permissible?

 

 

No.  NCAA Bylaw 13.12.1.5 states that the interaction during sports camps and clinics between prospective student-athletes and those coaches employed by the camp or clinic is not subject to the recruiting calendar restrictions.  However, an institutional staff member employed at any camp or clinic (e.g., counselor, director) is prohibited from recruiting any prospective student-athlete during the time period that the camp or clinic is conducted (from the time the prospective student-athlete reports to the camp or clinic until the conclusion of all camp activities).  The prohibition against recruiting includes extending written offers of financial aid to any prospective student-athlete during his or her attendance at the camp or clinic (see Bylaw 13.9.2.2), but does not include recruiting conversations between the certifying institution’s coach and a participating prospective student-athlete during the institution’s camps or clinics. Other coaches wishing to attend the camp as observers must comply with appropriate recruiting contact and evaluation periods.  In addition, institutional camps or clinics may not be conducted during a dead period

 

[Please Note: The NCAA Division I Legislative Council Subcommittee for Legislative Relief approved, with conditions, a blanket waiver to permit camps for prospective student-athletes during the former evaluation periods, July 6-15 and July 22-31, provided institutions demonstrate camps were scheduled on or before October 27, 2011. Institutions must provide documentation to respective conference offices to verify the camp was scheduled prior to the adoption of the new legislation. Documentation may include contracts, facility request forms or rental agreements, camp approval forms or verification of the date when promotional materials were ordered and must be dated on or before October 27, 2011, in order for relief to be provided. In addition, the institution must demonstrate why it was unable to reschedule the camp to a permissible time period within the current legislation, due to a scheduling conflict, through documentation, such as facility calendars or rental agreements. This waiver does not provide relief for camps to be scheduled during the timeframe that is a dead period under the previous and current legislation (July 16 through 4:59 p.m. July 18)]. 

Daily Compliance Item- 5/11/12- Current Event- Title IX

Butler agrees to find resolution on Title IX issue

 

USAToday.com

 

INDIANAPOLIS – If Butler University is out of compliance with Title IX legislation mandating equal opportunity, one remedy might be to supply more scholarships for male athletes.

 

Butler has entered into an agreement with the U.S. Department of Education’s Office of Civil Rights to resolve a Title IX issue by Sept. 1 over women’s sports and men’s scholarships.

 

“They haven’t said we’re out of compliance,” associate athletics director Beth Goetz said Monday night. “They just asked us to do the research to see if in fact we are.”

 

According to information provided by Butler — which initiated the review — from the 2010-11 school year, women made up 59.6% of its students but 36.5% of its 449 athletes. Butler must demonstrate it provides women an equal opportunity to participate in sports or submit a detailed plan to accommodate female athletes.

 

The law doesn’t require that all percentages match, although that is one way to be in compliance. Another is a history of adding sports for the under-represented gender.

 

Goetz said the third way — to offer any sport for which there is demonstrated interest and regional competition — is the one in which Butler is in compliance. She said the OCR asked Butler to research that area.

 

Women are receiving 53.4% of the $3.8 million provided by the university in athletic scholarships. To change those numbers, Butler could add men’s scholarships, limit men’s rosters, expand women’s rosters or all three.

 

“All of those would be ways to move numbers closer together,” Goetz said. “We certainly aren’t far enough along that we have made any decisions about what we feel like we need to do.

 

“We don’t feel we award aid in a discriminatory fashion.”

 

Title IX prohibits discrimination on the basis of sex. The law is credited with dramatic growth of women’s sports in schools.

 

Butler plays football in the Pioneer League, which doesn’t allow scholarships. If the school offered scholarships in that sport, it probably would even out the spending.

Daily Compliance Item- 5/10/12- 13.5.3- Unofficial Visit Transportation

Wind Up is a prospective student-athlete interested in playing baseball at Ocean State University.  Wind will visit Ocean State University’s campus this weekend on an unofficial visit.  Wind is going to bring his father and uncle with him.

 

Ocean State University’s baseball stadium is located off-campus on the other side of town.  Is it permissible for Ocean State University to provide transportation to Wind, his father and uncle to view the stadium?

 

Yes.  NCAA 5/23/11 Staff Interpretation- Providing Transportation to Those Persons Accompanying a Prospective Student-Athlete on an Unofficial Visit (I)- states that an institution may provide those persons accompanying the prospective student-athlete on an unofficial visit with transportation only to view off-campus practice and competition sites in the prospective student-athlete’s sport and other institutional facilities.

 

[References: NCAA Bylaws 13.5.1 (general restrictions) and 13.5.3 (transportation on unofficial visit), and staff interpretation (7/11/90, Item No. d), which has been archived]

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.

Daily Compliance Item- 5/8/12- 11.7.4.3.2

The men’s soccer coaches at Ocean State University are planning out their summer recruiting trips.  NCAA Bylaw 11.7.4.3.2 states that in sports other than basketball, during June, July and August, a replaced coach is not required to return to the institution’s campus before engaging in additional recruiting activities, provided no more than the permissible number of off-campus recruiters in the particular sport engage in off-campus recruiting activities each day.

 

Which of the following is true?

 

A.  When planning their trips the men’s socer coaches may either use the general rule where a replaced coach may not engage in additional recruiting activities until after he has returned to the institution’s campus or they can utilize the exception that does not require the replaced coach to return to campus before engaging in additional recruiting activities provided no more than the permissible number of recruiters engage in recruiting activities each calendar day.

 

B.  The men’s soccer coaches must utilize the exception when recruiting during the months of June, July and August.

 

C.  The men’s soccer coaches are not permitted to recruit during the months of June, July and August.

 

D.  There are no recruiting limitations during the months of June, July and August.

 

 

The answer is ANCAA Staff Interpretation- 3/4/11- Sports Other Than Basketball — Off-Campus Recruiting — June, July and August (I)- states that in sports other than basketball, during June, July and August, an institution may use either the general rule regarding the limit on the number of coaches who may recruit off campus at any one time (i.e., a replaced coach may not engage in additional recruiting activities until after he or she has returned to the institution’s campus) or the exception to the general rule (i.e., a replaced coach is not required to return to the institution’s campus before engaging in additional recruiting activities, provided no more than the permissible number of off-campus recruiters in a particular sport engage in off-campus recruiting activities each day).

 

[References: NCAA Bylaws 11.7.4.3 (off-campus recruiting — at any one time) and 11.7.4.3.2 (exception — sports other than basketball — June, July and August)]

 

Daily Compliance Item- 5/7/12- 13.11.2.3

Slice is a prospective student-athlete being recruited by the tennis coaches at Ocean State University.  Slice is taking an unofficial visit this weekend and would like to hit some balls while on campus.  The current student-athletes can bring Slice as their guest for a $15 fee.

 

Slice is permitted to hit balls with the current student-athletes as long as which of the following occurs?

 

  1. Slice pays the $15 fee
  2. The coaches do not watch Slice hitting balls with the current student-athletes
  3. None of the above
  4. Both of the above

 

 

The answer is D.  NCAA Staff Interpretation- 5/13/11- Recreational Activities During Official or Unofficial Visit (I)- states that during an official or unofficial visit, a prospective student-athlete may participate in recreational activities in a facility (on- or off-campus) that is not open to the general public (e.g., campus recreation center, golf course, swimming pool), provided such activities are not organized or observed by members of the athletics department coaching staff (including strength and conditioning coaches) and are not designed to test the athletics abilities of the prospective student-athlete. Further, in situations in which there is a fee associated with the use of the facility (e.g., guest fee at a private facility used by the institution for practice or competition, admission fee for open swim session at institutional recreation center), a prospective student-athlete shall pay the going rate associated with the use of that facility.

 

[References: NCAA Division I Bylaws 12.1.2.1.6 (preferential treatment, benefits, or services), 13.2 (offers and inducements), 13.6 (official (paid) visit), 13.7 (unofficial (nonpaid) visit) and 13.11.2.2 (recreational activities); staff interpretations (5/26/10, Item No. 1) and (9/4/08, Item No. a), which has been archived]

Daily Compliance Item- 5/4/12- Current Event

Standard & Poor’s assigns AA+ credit rating to NCAA

NCAA.org

Standard & Poor’s, a prominent credit-rating agency, has assigned a AA+ long-term rating to the Indiana Finance Authority’s series 2012 refunding revenue bonds, issued for the NCAA.

Standard & Poor’s also affirmed the AA+ rating on the outstanding 2005 and 2010 bonds.

 

“The rating reflects the organization’s significant financial resources, its dominant market position in college sports and the strength of its various broadcast contracts,” said a rationale accompanying Standard & Poor’s notice of the AA+ rating.

 

More specifically, the notification said the rating reflects:

  • Strong growth in television rights revenues, with a long-term contract guaranteeing increasing annual revenues through 2024.
  • A history of solid operating performance.
  • A high level of budgetary flexibility in the event of a revenue drop.
  • Strong expandable resources to debt.
  • Low maximum annual debt burden.

The AA+ rating enhances the NCAA’s ability to borrow money at a lower tax-exempt rate should the need arise, although no additional debt is planned.

 

Most of the Association’s current debt relates to the acquisition of the National Invitation Tournament and the construction of a recently opened expansion to the national office. The 2005 series refinancing is projected to result in about $1.0 million in net present value savings for the Association.

Daily Compliance Item- 5/3/12- 16.2

Grand Slam is a softball student-athlete at Ocean State University.  Unfortunately Grand suffered an incapacitating injury last month and is not able to compete for the remainder of the season.  Is Grand still permitted to receive her four complimentary admissions to home and away contests?

 

Yes.  NCAA Staff Interpretation- 3/27/91- Complimentary tickets for a student-athlete who has suffered an incapacitating injury– states that a member institution would be permitted to provide a student-athlete who has suffered an incapacitating injury four complimentary admissions to a home or away contest, inasmuch as a student-athlete who has suffered an incapacitating injury would be considered a participant in the sport.