Daily Compliance Item- 11/30/12- 13.6.7.5- Student Host During Vacation Period

The men’s soccer coaches at Ocean State University are hosting a few prospects on official visits during the holiday break in between the fall and spring semesters.  Although the season is over, a few soccer student-athletes will be in town and available to serve as student hosts. These student-athletes live in the dorms, which are closed for the holiday at the time of the official visits.  Is it permissible for the coaches to provide room expenses to these student-athletes since they are serving as student hosts?  Can the student-athletes stay in the hotel with the prospects?

It is not permissible to provide lodging expenses to student hosts during a vacation period.  NCAA Staff Interpretation- 12/20/91-Student host receiving expenses during official vacation period- states that an institution financing an official visit to a prospective student-athlete may not provide lodging expenses to a student-athlete serving as a student host; further, a student-athlete serving as a student host during the institution’s official vacation period would be permitted to receive meals.

NCAA Staff Interpretation- 4/13/94- Student Host Staying in Hotel Room With Prospect- states that an institution, at its discretion, may allow a student host to stay in the prospective student-athlete’s hotel room during an official visit, provided the official visit does not occur during a vacation period.

 

This legislation applies to Division I and II.

Daily Compliance Item- 11/29/12- 13.1.8.3- Bowl Game Banquets

The Ocean State University (OSU) football team will be playing in a bowl game this year.  One of the activities associated with the event is a banquet.  Every year the bowl organizers invite local high schools and the general public to attend.  Is it permissible for the OSU head coach to speak at this banquet if it occurs during a dead period?

Yes with conditions.  NCAA Bylaw 13.1.8.3 states that a coach may speak at or attend a meeting or banquet (at which prospective student-athletes are in attendance) in conjunction with the institution’s appearance in a postseason contest that occurs during a dead period only if the meeting or banquet is open to the general public, it is a scheduled activity associated with the contest, and the coach does not make a recruiting presentation or have any direct contact with any prospective student-athlete (or a prospective student-athlete’s parents or legal guardians) in attendance.

Daily Compliance Item- 11/28/12- 16.8.2.5- Mid-Year Enrollee Going to Bowl Game

Forward Progress is going to graduate from high school in December and will enroll at Ocean State University (OSU) during the 2013 spring semester.  OSU is playing in a bowl game that that will occur after the spring semester begins.  Can OSU provide expenses for Forward to attend the bowl game?

No.  NCAA Bylaw 16.8.2.5 states that in bowl subdivision football, an institution may not provide expenses (e.g., travel, room and board, entertainment, incidental expenses, etc.) to a student-athlete who is a midyear enrollee (freshman or transfer) for participation in a postseason bowl game that occurs before or during the student-athlete’s initial term of full-time enrollment at the institution.

Daily Compliance Item- 11/27/12- 14.2.3.1.2- Nonchampionship Segment

Off Side is a soccer student-athlete that transferred to Ocean State University (OSU) in January 2012.  Off was not granted the one-time transfer exception and therefore has to serve a year of residence.  Off will complete the year of residence at the conclusion of the fall 2012 semester, will meet all NCAA academic requirements and be in good standing at the institution.  Is it permissible for Off to compete during the spring 2013 semester in the non-championship segment?

Yes.  NCAA Official Interpretation- 2/12/03 Competing in Nonchampionship Segment after Satisfying Academic Year of Residence (I)– states that a transfer student-athlete who completes an academic year of residence following the fall semester may compete during the nonchampionship segment in those sports referenced in NCAA Bylaw 14.2.3.1.2, provided the student-athlete was in good academic standing at the certifying institution during the fall semester.

 

This interpretation is applicable to Division I.

Daily Compliance Item- 11/26/12- 14.4.3.1.2- Transfer Credit Hours

Poke Check is a lacrosse student-athlete at Bay State College.  Poke will be transferring to Ocean State University in January, making him a 4-4 transfer.  He attended Bay State College for a total of 2 full-time semesters.  How many hours will Poke need to have completed when he enrolls at Ocean State University in January?

  1. 6 hours
  2. 24 hours
  3. 30 hours
  4. There are no credit hour requirements for transfers

The answer is 2NCAA Bylaw 14.4.3.1.2 states that to be eligible for competition, a transfer student-athlete must meet the following credit-hour requirements based on attendance at the previous institution(s) for the specified time and may use any hours of academic credit earned at any collegiate institution: (Adopted: 10/31/02 effective 8/1/03 for those student-athletes first entering a collegiate institution full time on or after 8/1/03, Revised: 5/12/05)

(a) Equivalent of one semester/one quarter:  six-semester or six-quarter hours of academic credit;

(b) Equivalent of one academic year (e.g., two semesters/ three quarters):  24-semester or 36-quarter hours of academic credit;

(c) Equivalent of three semesters/four quarters:  30-semester or 42-quarter hours of academic credit; or

(d) Equivalent of four semesters/six quarters and thereafter:  six-semester or six-quarter hours of academic credit during the previous term of full-time enrollment, if applicable (see Bylaw 14.4.3.1.2.1).

This legislation is specific to Division I.  For Division II, NCAA Bylaw 14.4.3.1 states that eligibility for competition shall be based on the following requirements:  (Revised: 1/10/92)

(a) Satisfactory completion of six-semester or six-quarter hours of academic credit the preceding regular academic term in which the student-athlete has been enrolled full time at any collegiate institution; and  (Adopted: 1/12/04 effective immediately following the institution’s 2005 fall term; thus, applicable to hours earned during the 2005 fall term)

(b) For a midyear transfer student-athlete, for a student-athlete following the student-athlete’s first academic year in residence or after the student-athlete has used one season of eligibility in any sport at the certifying institution, the certification shall be determined by the student-athlete’s academic record in existence at the beginning of the fall term or at the beginning of any other regular term of that academic year, based on:

(1) Satisfactory completion before each fall term of a cumulative total of academic semester or quarter hours equivalent to an average of at least 12-semester or quarter hours during each of the previous academic terms in academic years in which the student-athlete has been enrolled in a term or terms; or

(2) Satisfactory completion of 24-semester or 36-quarter hours of academic credit since the beginning of the previous fall term or since the beginning of the certifying institution’s preceding regular two semesters or three quarters.

Daily Compliance Item- 11/21/12- Current Event

Ohio State adjusts Urban Meyer’s bonus due to NCAA sanctions

USAToday.com

  • Ohio State was hit with a postseason ban after Urban Meyer was hired
  • The Buckeyes won the Leaders Division, but are ineligible for the Big Ten title game
  • The school is working with Meyer on details of his bonus

When is an incentive bonus not an incentive bonus that becomes an incentive bonus again?

When Ohio State coach Urban Meyer’s representatives and university officials work out a way to fix a contract provision that rescued a potential bonus that was headed toward a dead end even as the Buckeyes built an 11-0 record heading into their season finale Saturday at home against Michigan.

It was a dead end that potentially would have cost Meyer $150,000 or $250,000 – a significant amount of money, even for a coach whose base annual compensation is $4 million.

Meyer’s contract includes the prospect of:

— A $50,000 bonus if the team wins the Big Ten Conference’s Leaders Division.

— An automatic one-year extension onto his current contract and a $100,000 bonus if the Buckeyes win the conference championship game.

— $150,000 for playing in a Bowl Championship Series non-title game or $250,000 for playing in the BCS title game.

Because Meyer was hired in November 2011 as Ohio State faced NCAA sanctions that include a ban on postseason play this year, his contract includes specific language addressing the bonuses for this season or any other season in which Ohio State is ineligible for its division championship or the postseason because of rules violations that occurred before Meyer’s arrival.

Regarding the $50,000 division bonus, the contract says Meyer will be paid if “Ohio State has the most wins in the Leaders Division at the conclusion of the last regular season game.” This goal has been achieved, as the Buckeyes have clinched the division’s top record.

There was no work-around for the Big Ten title game.

Regarding the $150,000 BCS bonus, however, it would be paid only “if Ohio State is ranked in the top #3 – #10 in the BCS final rankings”. And the $250,000 bonus would be paid instead “if Ohio State is ranked in the top 2 in the BCS final ranking.”

That created a problem.

A major component of the BCS rankings is the USA TODAY Coaches’ Poll, but teams under NCAA sanctions are ineligible to receive votes in the poll. Initially, Ohio State Senior Associate Athletics Director Julie Vannatta said in an e-mail that Ohio State’s position was “what’s in the written contract is correct.”

In other words – no BCS ranking, no bonus.

Last Friday, however, Vannatta said in an e-mail and an interview that Ohio State officials had discussed the matter with Meyer’s representatives and the parties have agreed that the contract will be amended to make Ohio State’s standing in the final Associated Press media poll the determinant of the BCS bonus. Teams on probation are eligible for votes in the AP poll.

Meyer is represented by CAA Sports, which, through spokeswoman Beth McClinton, has declined to comment at any point in the process.

“We both agree that this change is necessary in order to achieve the original intended purpose of the employment agreement between Ohio State and Coach Meyer,” Vannatta said in an e-mail.

With the Buckeyes moving up to No. 4 in this week’s AP poll, a victory Saturday over their archrivals will virtually assure a top-10 finish. Given the way the season has been going recently for highly ranked teams, they could end up in the top two.

And Meyer could end up with the bonus that almost was not.

PLEASE NOTE:  This article was selected for educational purposes.

Daily Compliance Item- 11/20/12- 16.11.1.5- Occasional Meals

Ocean State University (OSU) has several student-athletes remaining on campus during the Thanksgiving Holiday.  Because these individuals will be unable to have Thanksgiving dinner with their families, John Pilgrim, one of OSU’s biggest supporters, would like to provide them a meal on Thursday.  The meal will be held in the basketball arena and will be open to all student-athletes that have to remain on campus.  NCAA legislation allows a booster to provide a meal in a facility regularly used for competition.  Is it permissible to host the meal in the basketball arena if not all the student-athletes invited compete in this facility?

Yes.  NCAA Educational Column- 1/14/2010-Proposal No. 2009-74 Awards, Benefits and Expenses — Benefits, Gifts and Services — Occasional Meals — Location of Meal Provided By Representative of Athletics Interests (I)- states that: 

 

Question:  Does the occasional meal have to be provided in the sport’s facility regularly used for home competition for the particular sport for which the meal is provided?  For example, may the soccer team have an occasional meal in the basketball facility?

Answer:  The facility does not have to be specific to the sport for which the meal is provided.

Question:  Must the facility be owned by the institution?

Answer:  No.

Question:  What qualifies as “a facility that is regularly used for home competition”?

Answer:  One that the institution uses for a majority of its home competitions in a particular sport.

Question:  May the occasional meal occur at a restaurant located on campus?

Answer:  Yes.

 

This legislation is applicable to both Division I and II.

Daily Compliance Item- 11/19/12- 14.4.3.1.6- Football Eligibility Requirement

Blown Coverage is a football student-athlete at Ocean State University. What is the minimum number of credit hours Blown must successfully complete during this fall term in order to be eligible for competition at the start of the 2013 season?

A.  6 hours

B.  9 hours

C.  18 hours

D.  No credit hour requirements

 

The answer is BNCAA Bylaw 14.4.3.1.6 state that in football, a student-athlete who is a member of the institution’s football team and who does not successfully complete at least nine-semester hours or eight-quarter hours of academic credit during the fall term and earn the Academic Progress Rate eligibility point for the fall term shall not be eligible to compete in the first four contests against outside competition in the following playing season.  (Adopted:  4/28/11 effective 8/1/11)

 

This is Division I Legislation.

Daily Compliance Item- 11/16/12- Current Event

NCAA members adjust to post-Sandusky landscape

USA TODAY.com

 

No one is going to accept excuses again, so there better be none. Who to call? What to report? Who to trust? What’s my responsibility?

Athletics departments at colleges and universities have turned introspective in the year since former Penn State football assistant coach Jerry Sandusky was first arrested for child sex abuse.

There is a coast-to-coast mandate, and it is as simple as this: “You see it, you own it.”

It is a slogan Greg McGarity, athletics director at Georgia, first saw used by The Walt Disney Co. As McGarity understood it, the slogan was a prod for all employees regardless of rank to pick up trash on the company’s grounds if they saw it. McGarity adopted the slogan for Georgia when it came to NCAA rules compliance, but now the slogan is used in case something much more sinister than a hot dog wrapper is floating around.

“People are more alert, people are asking more questions, people are probably paranoid, somewhat, that those type situations of what happened at Penn State don’t arise at their institutions,” he said.

“There is the unknown out there, and that’s the scary thing. What we’re saying now is if something doesn’t look right, bring it up. We have an obligation.”

McGarity paused for a moment and seemed to speak for athletics directors across the country.

“It shakes you up and causes you to reevaluate everything.”

McGarity and his peers in the NCAA membership have been compelled to review their policies and practices in the wake of the Penn State scandal, not only to assess their areas of strength and vulnerability, but also to adjust to a shifted NCAA enforcement landscape.

The Freeh Report, which detailed the failings of Penn State’s bureaucracy, has become McGarity’s newest teaching manual, all 267 pages of it. McGarity and his senior staff came up with 16 points of action off the Freeh Report to use in re-examining the policies of the Georgia athletics department.

Morgan Burke, athletics director at Purdue, said one of the first steps at his school in the wake of Penn State was educating staff more thoroughly on the Clery Act, which requires that colleges and universities that participate in federal financial aid programs keep and disclose information about crime on and near their campuses. Burke said university attorneys have made it clear to athletics staff that they have a legal obligation to report any suspicious activity.

In addition, Purdue has looked at how it operates sports camps for youth and has expanded the checking of state and national sex offender’s registries for any coaches and workers who come in contact with kids. Volunteers are subjected to the same scrutiny as coaches, Burke said.

There also was a review of the use of facilities by non-athletic staff, Burke said. After Sandusky left the Penn State football coaching staff, he retained access to the school’s facilities, where he committed some of his crimes.

“We’re a lifeguard,” Burke said. “Anybody who comes into our domain, either as a guest, fan, student-athlete, camper, we need to be sure that person leaves in as good a shape, if not better, as they came to us.”

McGarity said passenger manifests for official university travel are now examined at Georgia. In the Sandusky trial it was revealed the former coach took one of the children he abused to a Penn State bowl game.

At the University of Utah, athletics director Chris Hill said, “You do wonder who you can trust and who you can’t, so you have to be vigilant.

“Any group that has authority over young people are now in a different pool than we were 10 years ago. We’re a group that has to take special care. This embarrasses us all.”

Meanwhile, the penalties Penn State has faced for its inaction related to Sandusky have created an uneasiness, athletics administrators say, about the NCAA’s abrupt departure from its enforcement process. The NCAA’s board of directors and President Mark Emmert imposed a $60 million fine on Penn State and four-year ban from the football postseason without going through a typical NCAA investigation and hearing process.

Emmert has cited the unprecedented nature of the Penn State case in explaining the reasons the NCAA bypassed its normal enforcement process. Asked if the NCAA would bypass its Committee on Infractions in future cases and impose penalties without a hearing, Erik Christianson, the NCAA’s director of public and media relations, said, “We are not speculating on potential future situations.”

Tom Yeager, commissioner of the Colonial Athletic Association and a former member of the NCAA’s Committee on Infractions, objected to the heavy hand on Penn State without due process.

“I think there was a process in place that has been developed over decades by some of the brightest legal minds in our institutions and by outside consultants,” Yeager said. “It has withstood all kinds of outside legal challenges. I’m one that felt we had processes in place and people in place to treat this.”

“This is the old slippery slope. I think it raises the question about what’s next. OK, this is a path you are going down and you have some other cases out there right now.”

Jo Potuto, faculty athletics representative at the University of Nebraska, a constitutional law professor and former nine-year member of the Committee on Infractions, said the NCAA’s decision was “ill-advised.”

However, Potuto said, Penn State has no specific rights of due process under law because it has joined “a club” and it has agreed to adhere to the NCAA’s rulings and findings. Penn State is not owed the typical path of jurisprudence that comes with the legal system, she said.

Potuto also noted that the public clamored for a response from the NCAA. “It was a hard place for the NCAA to be,” she said. “People would have said, ‘If you can’t do this, what are you good for?’ ”

Utah’s Hill said he is not worried that this is going to be a routine course of action for the NCAA. But he said he worried about the NCAA “being the lead dog” or executioner of Penn State, rather than an entity applying pressure on the school to correct its missteps.

“This is not anybody disagreeing with the severity of the punishment,” said Georgia’s McGarity, “but there is a general concern that this opens the door to the unknown.”

Gene Marsh, who represented Penn State in the case to the NCAA, said he raised the issues of due process throughout the NCAA’s deliberations on sanctions. He said it was never on the table that Penn State would go before the Committee on Infractions and have a hearing.

“Given the amount of discussion that has occurred regarding this process and the objections, it would not surprise me that 10 years from now people will look back and Penn State will be the only case ever handled that way,” Marsh said. “It is kind of on (the NCAA) to decide whether they want to do this again.”

Universities and their athletics directors are busy constructing firewalls to make sure the NCAA does not have another case like Penn State, but no amount of fireproofing will offer guarantees.

An investigation that came to light last week at the University of Iowa offers another example of how difficult it is to spot illegal behavior. According to documents obtained by the Iowa City Press-Citizen newspaper, Peter Gray, an associate director of athletic student services and director of academic advising and counseling, quit his job last week amid allegations of a pattern of sexual harassment that began in the 1990s.

“We have aberrant behavior in society,” said Purdue’s Burke. “Does that mean you lose trust in everybody? Is there a way that you put so many locks on a door that it absolutely protects you?

“Don’t delude yourself. If you think a set of policies and procedures can supersede the core values and judgment of individuals, you’re kidding yourself. You shouldn’t be sloppy, you should lock the doors to the weight room and make sure somebody doesn’t walk in and hurt themselves, but at the end of the day you have to hire good people, and when people run amok, you have to take action.”

Daily Compliance Item- 11/15/12- 13.1.3.3.3, 13.1.3.4.1.2, 13.4.1.2.2- Communication after NLI- Sports Other Than Men’s Basketball

Hops is a women’s basketball prospective student-athlete that signed a National Letter of Intent with Ocean State University yesterday.  Which of the following is true TODAY?

  1.  The coaches may make unlimited phone calls to Hops
  2. Noncoaching staff members and noncountable coaches may make phone calls to Hops
  3. Hops may receive text messages
  4. All of the above

 

 

The answer is 4.

NCAA Bylaw 13.1.3.3.3 states that there shall be no limit on the number of telephone calls by the institution to a prospective student-athlete (or the prospective student-athlete’s relatives or legal guardians) beginning the calendar day after one of the following events occurs: (Adopted: 2/9/95, Revised: 11/12/97, 4/29/04, 1/15/11 effective 8/1/11)

(a) The prospective student-athlete signs a National Letter of Intent (NLI) or the institution’s written offer of admission and/or financial aid; or

(b) The institution receives a financial deposit in response to the institution’s offer of admission.

NCAA Bylaw 13.1.3.4.1.2 states that a noncoaching institutional staff member or a coach who does not count toward the numerical limitations on head and assistant coaches in Bylaw 11.7.4 may make telephone calls to a prospective student-athlete (or the prospective student-athlete’s relatives or legal guardians) beginning the calendar day after one of the following events occurs: (Adopted: 1/15/11 effective 8/1/11, 4/26/12)

(a) The prospective student-athlete signs a National Letter of Intent (NLI) or the institution’s written offer of admission and/or financial aid; or

(b) The institution receives a financial deposit in response to the institution’s offer of admission.

NCAA Bylaw 13.4.1.2.2 states that there shall be no limit on the forms of electronically transmitted correspondence sent to a prospective student-athlete (or the prospective student-athlete’s relatives or legal guardians) beginning the calendar day after one of the following events occurs: (Adopted: 1/15/11 effective 8/1/11)

(a) The prospective student-athlete signs a National Letter of Intent (NLI) or the institution’s written offer of admission and/or financial aid; or

(b) The institution receives a financial deposit in response to the institution’s offer of admission.

 

This is applicable to Division I.