Summer Compliance Item- 7/19/12- 11.4.2, 13.8.3.2- IAWP- Men’s Basketball Non-Coaching Staff Members

Ocean State University recently hired a new head men’s basketball coach.  The new coach decided to move one of the assistant coaches to a non-coaching staff position. Would this personnel change trigger Bylaw 11.4.2/13.8.3.2?
Yes.  NCAA Educational Column- 6/14/12-Recruiting — Men’s Basketball — Individual Associated with a Prospective Student-Athlete (I)- states that NCAA Division I institutions should note that on April 26, 2012, the NCAA Division I Board of Directors voted to transfer the interpretive authority for basketball issues from the NCAA Enforcement staff to Academic and Membership Affairs, effective June 15, 2012. This educational column is intended to assist the membership with the transition of interpretive authority and provide clarity regarding interpretive issues the enforcement staff has addressed since the Board’s actions on October 29, 2009. Any questions related to the issues noted within this educational column should be directed to the academic and membership affairs staff.
Question No. 1: What is the definition of an individual associated with a prospective student-athlete (IAWP)?
Answer: Per NCAA Division I Bylaw 13.02.17, in men’s basketball, an IAWP is any person who maintains (or directs others to maintain) contact with the prospective student-athlete (PSA), the PSA’s relatives or legal guardians, or coaches at any point during the PSA’s participation in basketball, and whose contact is directly or indirectly related to either the PSA’s athletic skills and abilities or the PSA’s recruitment by or enrollment in an NCAA institution. This definition includes, but is not limited to, parents, legal guardians, handlers, personal trainers and coaches.
Question No. 2: How long does an IAWP retain such status?
Answer: An individual who meets the definition of an IAWP retains such status throughout the involved PSA’s recruitment and enrollment at any secondary and/or NCAA institution.
Question No. 3: Does IAWP status continue after the involved PSA has exhausted eligibility?
Answer: No. Once the student-athlete has exhausted his collegiate eligibility, the involved individual is no longer considered an IAWP for that particular student-athlete.
Question No. 4: Is IAWP status determined based on a class of individuals (e.g., high school coach, non-scholastic coach)?
Answer: No. IAWP status is PSA specific.
Question No. 5: Is it possible to be considered an IAWP for multiple PSAs at any time?
Answer: Yes. IAWP status is PSA specific. Thus, an individual may trigger IAWP status for multiple PSAs at once.
Question No. 6: What are the restrictions on employing an IAWP in an athletics department non-coaching staff position or in a strength and conditioning staff position?
Answer: Per Division I Bylaws 11.4.2 and 13.8.3.2, in men’s basketball, during a two-year period before a PSA’s anticipated enrollment and a two-year period after the PSA’s actual enrollment, an institution shall not employ (or enter into a contract for future employment with) an IAWP in any athletics department non-coaching staff position or in a strength and conditioning staff position. For purposes of applying Bylaws 11.4.2 and 13.8.3.2, the proscribed time period begins on the IAWP’s date of hire or when an agreement to hire the IAWP in the non-coaching staff position is in place.
Question No. 7: Does the student-athlete retain eligibility at an institution that hires an IAWP within the proscribed time period in Bylaws 11.4.2 and 13.8.3.2?
Answer: No. If an institution hires an IAWP within the proscribed time period in Bylaws 11.4.2 and 13.8.3.2, the student-athlete becomes permanently ineligible for competition at the involved institution. However, the student-athlete may transfer and become immediately eligible, provided an NCAA Division I Legislative Council Subcommittee for Legislative Relief waiver is filed by the certifying institution and approved by NCAA staff or the subcommittee.
Question No. 8: Does the restriction against employing an IAWP in a non-coaching or strength and conditioning staff position, per Bylaws 11.4.2 and 13.8.3.2, apply to college coaches?
Answer: Yes. By definition, an NCAA, two-year college or NAIA coach could trigger IAWP status by performing coaching-related responsibilities relative to any PSA with whom the coach has been associated as a result of the following:
  • Currently-enrolled student-athletes coached at the current or previous institution;
  • PSAs recruited by the coach to his current or previous institution; and
  • Associations with pre- and post-secondary scholastic entities (e.g., preparatory schools).
Thus, the legislation set forth in Bylaws 11.4.2 and 13.8.3.2 has been and is applicable to the employment of such individuals. Therefore, if an institution hires an NCAA, two-year college or NAIA coach in a non-coaching staff position or as a strength and conditioning coach within the proscribed time period set forth in Bylaws 11.4.2 and 13.8.3.2, all PSA’s that trigger IAWP status for the individual are permanently ineligible for competition at the institution.
Example: An institution recently hired a new men’s basketball coaching staff. The new head men’s basketball coach employed an individual as an assistant coach at his previous institution but would like to move him to a non-coaching staff position at the new institution. Prior to employment at the previous institution, the individual was a high school and non-scholastic basketball coach. When would the two-year period before a PSA’s anticipated enrollment no longer apply, per Bylaws 11.4.2 and 13.8.3.2, to the PSA’s former high school or non-scholastic coach being employed in an institution’s non-coaching staff position?
Answer: The individual triggered IAWP status as the coach for the high school and non-scholastic team relative to those PSAs with whom his contact meets the IAWP definition. The two-year period specified in Bylaws 11.4.2 and 13.8.3.2 is triggered as of the date the IAWP is hired in the non-coaching staff position or when an agreement to hire him in the non-coaching staff position is in place. For example, if an IAWP is hired in a non-coaching staff position on April 27, 2012, all PSAs with whom he is associated who are expected to or actually enroll at the institution between April 27, 2012, and April 27, 2014, are permanently ineligible for competition at institution regardless of his prior status as an assistant coach.
Question No. 9: Is it a violation of Bylaws 11.4.2 and 13.8.3.2 if an IAWP is hired in a non-coaching staff position but the IAWP’s employment is terminated before the involved PSA enrolls at the institution?
Answer: Yes. For purposes of applying Bylaws 11.4.2 and 13.8.3.2, the proscribed two-year time period begins on the IAWP’s date of hire or when an agreement to hire the IAWP in the non-coaching staff position is in place. Thus, a violation may not be avoided if the IAWP’s employment is terminated prior to the PSA’s enrollment at the institution. The two key trigger dates in the IAWP hiring analysis are the IAWP’s date of hire and the PSA’s date of actual or expected enrollment.
Example: Institution No. 1 hires an IAWP as its director of basketball operations in the spring of 2011. If the IAWP leaves for a job at Institution No. 2 in the summer of 2012, is it permissible for a PSA with whom the former director of basketball operations’ contact meets the IAWP definition to enroll at Institution No. 1 in the 2012 fall term and be eligible to compete?
Answer: No. For purposes of applying Bylaws 11.4.2 and 13.8.3.2, the proscribed time period begins on the IAWP’s date of hire or when an agreement to hire the IAWP in the non-coaching staff position is in place. Thus, the proscribed time period was triggered when Institution No. 1 hired the IAWP as its director of basketball operations and would prohibit any involved PSA from being eligible to compete at Institution No. 1. Bylaws 11.4.2 and 13.8.3.2 are strictly applied to those PSAs with whom the individual’s contact meets the IAWP definition.
Question No. 10: Is it a violation of Bylaws 11.4.2 and 13.8.3.2 if an institution hires an IAWP in a non-coaching staff position and then moves the IAWP into a coaching staff position before the involved PSA enrolls at the institution?
Answer: Yes. The proscribed two-year time period in Bylaws 11.4.2 and 13.8.3.2 would apply on the date that the IAWP was hired into a non-coaching staff position.
Question No. 11: Is it a violation of Bylaws 11.4.2 and 13.8.3.2 if an institution hires an IAWP in a coaching staff position and then moves the coach to a non-coaching staff position after the involved PSA enrolls at the institution?
Answer: Yes. The proscribed two-year time period in Bylaws 11.4.2 and 13.8.3.2 would apply on the date that the IAWP is moved to the non-coaching staff position.
Question No. 12: Are Bylaws 11.4.2 and 13.8.3.2 triggered if an institution moves an assistant coach to a non-coaching staff position at the same institution?
 
Answer: Yes. For purposes of applying Bylaws 11.4.2 and 13.8.3.2, the proscribed time period begins on the IAWP’s date of hire or when an agreement to hire the IAWP in the non-coaching staff position is in place. Thus, the proscribed time period would begin when the institution moves the IAWP from a coaching position to a non-coaching staff position or when an agreement is in place to move the IAWP from a coaching position to a non-coaching staff position. Bylaws 11.4.2 and 13.8.3.2 are strictly applied to those PSAs with whom the individual’s contact meets the IAWP definition. Current college coaches will trigger IAWP status relative to the student-athletes they coach and the PSAs they recruit if they are moved to a non-coaching staff position.
 
Question No. 13: When does IAWP status create the potential for a violation in the recruiting process?
Answer: Status as an IAWP results in a violation when a prohibited interaction or activity occurs involving the IAWP (e.g., non-coaching staff employment, camp employment, donations to nonprofit foundations, payment of a consulting fee, use of a 1-900 telephone number, provision of a recruiting inducement).
Question No. 14: Does a pre-existing relationship impact IAWP status and/or the analysis of whether violations involving an IAWP occurred?
Answer: No. A pre-existing relationship is a nonfactor in the analysis of whether violations occurred and will not negate IAWP status or make actions permissible. However, a pre-existing relationship may be considered as mitigation in determining penalties.
Question No. 15: Is it permissible for an institution or staff member to provide a consulting fee to an IAWP or to a consulting firm in which an IAWP has a proprietary or financial interest?
Answer: No. Per Division I Bylaw 13.2.1.2, in men’s basketball, an institution or staff member shall not provide a consulting fee to an IAWP or to a consulting firm in which an IAWP has a proprietary or financial interest.
Question No. 16: What are best practices for determining IAWP status?
Answer: Below are some best practices for determining IAWP status:
  • Ask the men’s basketball staff to identify any possible connections between the potential IAWP and PSAs.
  • Conduct basic internet searches.
  • Review men’s basketball PSA lists.
  • Review recruiting documentation including official and unofficial visit records, men’s basketball phone records/logs and complimentary admissions records to determine whether the potential IAWP has been involved in the recruiting process.
  • Review emergency contact information for PSAs and student-athletes.
  • Contact other institutions that have recruited the PSA to determine whether the potential IAWP was involved in the PSA’s recruitment.
Question No. 17: In men’s basketball, is it permissible for an institution to place a telephone call to a “1-900” number connected to a PSA or an IAWP?
Answer: No. Pursuant to Bylaw 13.1.3.1.3.2, in men’s basketball, it is not permissible for an institution to place a telephone call to a “1-900” number connected to a PSA or an IAWP.
Question No. 18: An institution’s men’s basketball coach has been asked to speak at a coaches clinic being conducted by a nonprofit organization that was founded by the coach of a non-scholastic men’s basketball team comprised of prospect-aged individuals. The money raised from the coaches clinic will help fund a facility that hosts prospect-aged and non-prospect aged athletics events, as well as fund the founder’s non-scholastic team. Is it permissible for the institution’s men’s basketball coach to donate his time to speak at the coaches clinic?
Answer: No. It is not permissible for an institution’s men’s basketball coach to donate to a nonprofit organization that provides financial benefits to a non-scholastic team, a specific PSA(s), or an IAWP. Thus, a coach may not attend an event (e.g., coaches clinic) if a proscribed nonprofit foundation that provides financial benefits to a non-scholastic team, a specific PSA(s), or an IAWP derives a financial benefit from the Division I coach being present, as it would violate Bylaws 13.2.1 and/or 13.15.1.10.
Question No. 19: A non-scholastic men’s basketball coach is conducting a coaching clinic. The non-scholastic coach, who meets the IAWP definition for an elite PSA, invites five Division I men’s basketball coaches who are recruiting the elite PSA to be guest speakers at the coaching clinic and plans to charge the general public $50 to attend. Is it permissible for the coaches to be guest speakers at the coaching clinic?
Answer: Due to the recruiting nexus between the coaches and the PSA, a violation of Bylaws 13.2 or 13.8.2 results if the coaches generate revenue for the IAWP.
Question No. 20: A state’s association of basketball coaches (a nonprofit organization) is conducting a coaches clinic to raise funds for the state coaches association. Is it permissible for an institution’s men’s basketball coach to attend the clinic?
Answer: Yes, provided the state’s association of basketball coaches does not provide financial benefits to a non-scholastic team, a specific PSA(s) or any one specific IAWP.
[References: NCAA Division I Bylaws 11.4.2 (individual associated with a prospective student-athlete — men’s basketball), 13.02.17 (individual associated with a prospective student-athlete — men’s basketball), 13.1.3.1.3.2 (telephone calls to “1-900” numbers — men’s basketball), 13.2.1 (general regulation), 13.2.1.2 (additional prohibition — consulting fees — men’s basketball), 13.8.2 (material benefits), 13.8.3.2 (individual associated with a prospective student-athlete — men’s basketball), 13.12.2.2.3 (individual associated with a recruited prospective student-athlete — men’s basketball), 13.15.1.10 (donation to nonprofit foundation — men’s basketball); and educational columns (2/8/2010, 10/27/2011, and 12/7/2011)]
Notice about Educational Columns: Educational columns and hot topics are intended to assist the membership with the correct application of legislation and/or interpretations by providing clarifications, reminders and examples. They are based on legislation and official and staff interpretations applicable at the time of publication. Therefore, educational columns and hot topics are binding to the extent that the legislation and interpretations on which they are based remain applicable. Educational columns are posted on a regular basis to address a variety of issues and hot topics are posted as necessary in order to address timely issues.
This could impact a number of campuses across the country…wanted to make sure everyone was tracking on this and other issues included in the educational column!!

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