Daily Compliance Item- 5/16/13- Countable Telephone Calls

Which of the following could be considered a countable telephone call?

A.  Telephone call initiated by a coaching staff member

B.  Conference call initiated by a coaching staff member

C.  Video-conference initiated by a coaching staff member

D.  All of the above

The answer is D.  NCAA Bylaw 13.02.15 states that all electronically transmitted human voice exchange (including videoconferencing and videophones) shall be considered telephone calls.    (Adopted: 1/10/95, Revised: 1/9/96 effective 8/1/96, 1/14/97, 4/27/00 effective 8/1/00, 9/6/00, 4/29/04 effective 8/1/04, 4/26/07 effective 8/1/07)

 

This legislation is applicable to Divisions I and II.

Daily Compliance Item- 5/15/13- 12.5.2.3.3- Athletic Ability to Win a Prize

Ocean State University (OSU) conducts a promotional activity between the 4th and 5th innings of all its home baseball games.  This activity includes hitting a ball from a pitching machine.  If the person hits a home run, he/she wins $100.  To participate in this activity, the person must fill out the designated card and drop it in the box.  Any individual attending the game is permitted to enter and the participants are randomly selected.  At today’s game, a current football student-athlete was selected to be one of the participants.  If he hits a home run, is he permitted to accept the $100 prize?

Yes.  NCAA Bylaw 12.5.2.3.3 states that receipt of a prize for winning an institutional or noninstitutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a prospective or enrolled student-athlete (or a member of his or her family) does not affect his or her eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate. (Revised: 1/9/96 effective 8/1/96, 3/25/05, 6/12/07)

Daily Compliance Item- 5/14/13- 13.11.2.3- Activities During Unofficial Visit

Dog Leg is a prospective student-athlete being recruited by the golf coaches at Ocean State University.  Dog is taking an unofficial visit this weekend and would like to hit some balls while on campus.  The current student-athletes can bring dog as their guest for a $10 fee.

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

 

  1. Dog pays the $10 fee
  2. The coaches do not watch Dog hitting balls with the current student-athletes
  3. None of the above
  4. Both of the above

The answer is 4.  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- 5/13/13- 13.12.1.7.4- Free Items to Campers

The men’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- 5/10/13- Current Event

Big Ten, Horizon League commissioners will be deposed

USATODAY.com

An attorney helping to represent former and current college football and men’s basketball players in an anti-trust lawsuit told USA TODAY Sports a U.S. magistrate judge is allowing their legal team to take depositions from a college president and two conference commissioners who had made statements in the case saying that some schools and conferences might exit Division I or the Football Bowl Subdivision because of the financial and legal burden that would result from needing to share revenue with football and men’s basketball players. 

Speaking after a hearing before U.S. Magistrate Judge Nathanael Cousins on Wednesday in San Francisco, plaintiffs’ attorney Renae Steiner said Cousins allowed depositions of Big Ten commissioner Jim Delany, Horizon League commissioner Jon LeCrone and Fresno State president John Welty.

Cousins also allowed the plaintiffs to take a deposition from NCAA executive vice president for championships and alliances Mark Lewis about various aspects of how the college sports governing body approaches its broadcast rights contracts for NCAA championships, Steiner said.

Steiner said the plaintiffs will not be allowed to depose Texas athletics director DeLoss Dodds, Missouri Valley Conference commissioner Doug Elgin, Big 12 commissioner Bob Bowlsby and NCAA managing director of research Todd Petr. The plaintiffs’ lawyers agreed before Wednesday’s hearing to drop their request to depose Pacific-12 Conference commissioner Larry Scott, after discussions with counsel for the Pac-12, Steiner said.

All of this is part of maneuvering in advance of a hearing June 20 before U.S. District Judge Claudia Wilken on whether the case should be certified as a class action.

The suit, initially filed in May 2009, is against the NCAA; video-game maker Electronic Arts and the nation’s leading collegiate trademark licensing and marketing firm, Collegiate Licensing Co. Its named plaintiffs include former basketball stars Ed O’Bannon, Oscar Robertson and Bill Russell.

The plaintiffs allege that the defendants violated anti-trust law by conspiring to fix at zero the amount of compensation athletes can receive for the use of their names, images and likenesses in products or media while they are in school and by requiring athletes to sign forms under which they relinquish in perpetuity all rights pertaining to the use of the names, images and likenesses in ways including TV contracts, rebroadcasts of games, and video game, jersey and other apparel sales

In seeking certification of their suit as a class action, the plaintiffs’ lawyers said that while they are seeking monetary damages on behalf of former athletes, they “do not seek compensation to be paid to current student-athletes while they maintain their eligibility” but rather “a less restrictive, namely that monies generated by the licensing and sale of class members’ names, images and likenesses can be temporarily held in trust” until their end of their college playing careers.

If the case is certified as a class action, It almost certainly would bring thousands of current and former college athletes into the matter and potentially place billions of dollars in damages at stake.

Roger Noll, an economics professor emeritus at Stanford and an expert for the plaintiffs has proposed that athletes receive a 50-50 split of money for telecasts and a one-third split for video games.

Those projections prompted the statements from Delany, LeCrone and Welty.

“We are pleased that, despite the opposition of NCAA’s counsel, and counsel for the Big Ten, the court recognized our right to explore with Commissioner Delany, Commissioner LeCrone and Fresno State President Welty their views on the effects on Division I athletics if Plaintiffs were to prevail here,” Steiner said via e-mail. “We are also pleased that we are allowed to examine Mr. Lewis on his views of how the NCAA rules apply to the use of student athletes’ name, image and likeness rights.”

The NCAA was happy with Cousins’ decision to prevent some of the depositions the plaintiffs had wanted, and to allow what it termed “very limited additional discovery.”

“We are pleased with the court’s ruling and the admissions the plaintiffs’ lawyers made today highlighting the weaknesses in their theories,” the NCAA’s chief legal officer, Donald Remy said in a statement. “We look forward to the additional discovery shining a light on the reasons why this case is not a proper class action.”

 

This article was selected for educational purposes only.

Daily Compliance Item- 5/9/13- 12.5.1.1- Summer Promotional Activity

Several incoming freshmen at Ocean State University (OSU) will be enrolling in classes this summer.  Since they will be on campus, the sports communications staff would like for them to participate in a few promotional activities with the current student-athletes.  Is this permissible?

Yes.  NCAA Staff Interpretation- 11/8/11-  Prospective Student-Athlete Participating in Promotional Activities During Summer Prior to Initial Enrollment (I) – states that  a prospective student-athlete who officially registers, enrolls and attends classes at the certifying institution during the summer prior to initial enrollment may participate in a promotional activity.

 

[Reference: NCAA Division I Bylaws 12.5.1.1 (institutional, charitable, education or nonprofit promotions); 13.02.12 (prospective student-athlete); 13.02.12.1 (application); and 16.10.1.7 (charitable, educational or nonprofit activities)]

Daily Compliance Item- 5/8/13- 17.1.6.6.2- Missed Class Time in Summer School

Hang Time is a men’s basketball student-athlete at Ocean State University (OSU).  Hang is going to enroll in classes and work out with the coaches this summer.  The coaches are putting together a schedule for workouts and want Hang to participate in skill instruction activities on Tuesdays and Thursdays from 10am to noon.  Hang will have class on those days at 11am.  Can Hang miss class to participate in these workouts?

No.  NCAA Official Interpretation- 6/11/10- Missed Class Time for Practice Activities (I) – states that a student-athlete may not miss class at any time (e.g., regular academic term, mini term, summer term) for practice activities, except when a team is traveling to an away-from-home contest and the practice is in conjunction with the contest.

[References: NCAA Bylaw 17.1.6.6.1 (no class time missed for practice activities) and a staff interpretation (8/20/97, Item No. a), which has been archived]

Daily Compliance Item- 5/7/13- 16.5.2(e)(3)- Summer Expenses

Bo Gee is a golf student-athlete at Ocean State University (OSU).  Bo qualified for the NCAA Championships that begin this weekend.   OSU’s spring semester ends this Friday, so the summer vacation period will have begun when Bo returns to campus.  Bo currently lives in the dorm but will be moving into an off-campus apartment for the summer.  The apartment won’t be available until the day after Bo returns from the NCAA tournament.  Can OSU provide Bo with housing and meal expenses for the one day until he can move into his apartment?

Yes.  NCAA Bylaw 16.5.2(e)(3) states that the institution may provide the cost of room and board to student-athletes (during official institutional vacation periods) in the following circumstances.  If an institution does not provide a meal to its student-athletes under such circumstances, a cash allowance may be provided (except for the permissible additional meal as described below), not to exceed the amount provided by the institution to institutional staff members on away-from-campus trips:

student-athletes who return to campus during the institution’s official vacation period between regular academic terms (e.g., summer-vacation period) from institutional competition that occurs at the end of the institution’s playing and practice season or a segment thereof.  Under such circumstances, room and board expenses may be provided for not more than a 48-hour period, beginning with the student-athlete’s return to campus. If the student-athlete lives at home during the vacation period, the cost of room and board may not be provided by the institution.

Daily Compliance Item- 5/6/13- 16.11.1.7- Apparel in the Summer

Several softball Ocean State University student-athletes will be attending summer school and would like to continue with workouts.  They asked the equipment manager for a few apparel items for their workouts.  Is it permissible for the institution to provide these student-athletes with apparel?

Yes with conditions.  NCAA Staff Interpretation- 6/11/93-  Student-athlete using institutional athletics apparel during the summer – states that  a student-athlete may use institutional athletics apparel (per the institution’s normal issuance and retrieval policy) during a summer vacation period. Further, such a policy does not have to be applicable to all students and the student-athlete may use laundry services for the athletics apparel. [References: 16.12.1.6 (summer use of athletics equipment). This minute incorporates the 05/27/92 staff minutes, item c, which has been archived.]

Daily Compliance Item- 5/3/13- Current Event

NCAA finds no violations in Duke, Lance Thomas case

USATODAY.com

The NCAA will not punish Duke or former player Lance Thomas after investigating a very expensive jewelry purchase made during the 2009-10 national championship season, the school said Tuesday.

“The NCAA has found no evidence of a rules violation in this situation based on the information available, and both the NCAA and Duke consider the matter closed,” Duke officials said in a statement released Tuesday afternoon. The news was first reported by The News & Observer.

Thomas’s jewelry purchase, which totaled nearly $100,000 in cost, occurred in December 2009. He paid $30,000 in cash for five pieces of diamond jewelry, but was sued for not paying the balance of $67,800, according to details that emerged when the lawsuit came to light last September. Thomas and the jewelry company reached a settlement that included a confidentiality agreement, leaving questions surrounding Thomas’s access to such a large sum of money unanswered.

Because Duke won a national championship at the end of that season — which would potentially be vacated if Thomas violated the NCAA’s amateurism guidelines — the school self-reported the situation to the NCAA.

Both the jeweler and Thomas refused to speak with the NCAA during the investigation, and neither was forced to do so by the power of subpoena. It’s clear from the short statement released by Duke on Tuesday that the NCAA not finding a violation in this case is directly related to the lack of information given by Thomas and the jeweler. Thomas told reporters in October that he “didn’t think” he committed a violation.

Duke coach Mike Krzyzewski said in October that Duke planned on fully cooperating with the NCAA in its investigation. This was the only time all season Krzyzewski addressed the topic.

“Before anything was made public, they started working together to go through a process of seeing what happened,” Krzyzewski said in October. “I have complete trust and confidence in all the parties involved and am very proud of our compliance record over the 33 years that we’ve been here.”

 

This article was selected for educational purposes only.