Daily Compliance Item- 8/30/13- Current Event

Honest ‘burglars’ who paid: ‘We thought it was a trick’

Today.com

If character is what you do when no one is watching, a group of William Paterson University freshman football players proved the saying true.

On Sunday, the manager of Buddy’s Small Lots in Wayne, N.J., was alerted by police that there had been a break-in at the store. Video surveillance footage showed four young men entering and then leaving with several items in hand. However, a closer look at the footage caught the men on tape doing the right thing: Leaving the exact money for the items, tax included, at the register.

The honest shoppers, Thomas James, Anthony Biondi, Kell’e Gallimore and Jelani Bruce, were rewarded with $50 of free merchandise by the store’s managers. The players spoke about their story on TODAY Wednesday.

“(We’re) just ecstatic knowing that one good deed blew up nationwide and now everyone’s hearing about it,’’ Biondi told Matt Lauer, Savannah Guthrie and Tamron Hall.

“My dad keeps calling saying, ‘Oh my God, you really did that?’’’ Bruce said.

The lights in the store were on because of a quirk in the lighting system and the door lock was broken, according to the store managers. Thinking the store was open, the players waited for a clerk to appear, not realizing they had tripped the alarm.

“We were scared,’’ Bruce said. “Honestly, we thought it was a Halloween gag or something. We thought someone was going to come out and say, ‘Ah, gotcha! Welcome to the store.’’’

The men had stopped in between preseason practice sessions to pick up a $4 pack of batteries and a $1 audio cable for dorm speakers.

“We had to get back to practice, so they just showed the money to the cameras, put it down and we just left,’’ Biondi told TODAY.

The store’s vice president rushed over after police reported a break-in, only to be pleasantly surprised.

“His jaw dropped when he realized these kids did do some shopping, but that they paid for everything that they took,’’ store manager Marci Lederman told TODAY. “I think it’s terrific that there are still people out there that have moral character not to do the wrong thing when they easily could.”

Word soon spread about the good deed, and it appeared on a local newscast.

“Soon as I went on my laptop, it was like right there, front page, and I was just excited,’’ Gallimore said. “I was like smiling because I was like, ‘Oh I’m famous.’’’

Daily Compliance Item- 8/29/13- 16.5.2- Training Table Meals

Scout Team is a walk-on football student-athlete at Ocean State University.  Scout would like to eat the training meals with his teammates, but he is not receiving an athletic scholarship.  If Scout pays for the meal, would he be permitted to eat with the scholarship student-athletes?

Yes.  NCAA Official Interpretation- 10/19/12- Walk-on Student-Athlete Receiving Training Table Meal (I) – states that a student-athlete who is not receiving athletically related financial aid that includes board (e.g., walk-on) may receive training table meals under any of the following circumstances:

1. The student-athlete has previously paid for all meals through a regular institutional meal plan and misses a meal due to practice activities (i.e., the meal is available in the dining hall only during the time practice is in session);

2. The student-athlete pays for the training table meal at the same rate that the institution deducts from the board allowance of student-athletes who receive athletically related aid covering board costs; or

3. The student-athlete is on an institutional meal plan and pays the difference in the cost between the two meals, provided the student-athlete could not use the unused meal under the regular institutional meal plan at a later date.

[References: NCAA Division I Bylaws 16.5.2-(d) (meals incidental to participation) and 16.8.1.2 (competition while representing institution) and a 8/25/04 staff interpretation, item 1a and 5/12/93 staff interpretation, item c and 8/24/12 staff interpretation, Item No. a, which have been archived]

Daily Compliance Item- 8/28/13- 16.02.3- Visiting Team Packets

The Ocean State University (OSU) volleyball team begins competition this weekend.  They are hosting two schools that joined OSU’s conference this year, so the coaches would like to provide the visiting teams’ coaches and student-athletes with a little “welcome to the conference” care package including conference pins and mugs.

Is this permissible?

Yes.  NCAA Staff Interpretation- 8/26/13-  Providing Goodwill Packages to Visiting Teams (I) – states that it is permissible to provide all teams participating in an institutionally sponsored meet or tournament with a goodwill package containing various mementos (e.g., coffee mugs, candy packets) of nominal value.

[References: NCAA Division I Bylaws 16.02.3 (extra benefit), 16.11.1.1 (general rule), 16.11.2.1 (general rule) and official interpretation (12/16/87, Item No. 3) which has been archived]

Daily Compliance Item- 8/27/13- 14.4.3.1.7, 14.4.3.2- Designation of a Degree Program

Today’s DCI applies to Division I only

Direct Snap is a football student-athlete at Ocean State University (OSU).  The 2013-14 academic year will be Direct’s third year of enrollment.  Which of the following is true?

A.  Direct must designate a degree program by the beginning of the 2013-14 academic year.

B.  Direct must have completed at least 40% of the course requirements for his designated degree program.

C.  Both A and B

D.  Neither A or B

The answer is C.  Although RWG-14-1 eliminated the formality, documentation, etc. associated with a student-athlete’s degree program designation, it did not eliminate the timing.  A program still has to be designated for purposes of determining percentage of degree (14.4.3.2) and whether the hours earned are degree applicable.

NCAA Bylaw 14.4.3.1.7 states that the provision that the calculation of credit hours under the progress-toward-degree regulation shall be based on hours earned or accepted for degree credit at the certifying institution in a student-athlete’s specific baccalaureate degree program (see Bylaw 14.4.3.1) shall be met as follows:

(a) During the first two years of enrollment, a student-athlete may use credits acceptable toward any of the institution’s degree programs; (Revised: 1/9/06 effective 8/1/06)

(b) By the beginning of the third year of enrollment (fifth semester or seventh quarter), a student-athlete shall be required to have designated a program of studies leading toward a specific baccalaureate degree. From that point, the credits used to meet the progress-toward-degree requirements must be degree credit toward the student’s designated degree program;

(c) A student-athlete who changes his or her designated degree program may comply with the progress-toward-degree requirements if:

(1) The change in programs is documented appropriately by the institution’s academic authorities;

(2) The credits earned prior to the change are acceptable toward the degree previously sought; and

(3) The credits earned from the time of the change are acceptable toward the new desired degree.

(d) Once a student-athlete has begun his or her third year of enrollment (fifth semester or seventh quarter), a course may not be used to fulfill the credit-hour requirements for meeting progress toward degree if the student ultimately must repeat the course to fulfill the requirements of the student’s major, even if the course fulfills an elective component of the student-athlete’s degree program. (Adopted: 1/14/97, Revised: 3/12/12)

NCAA Bylaw 14.4.3.2 states that a student-athlete who is entering his or her third year of collegiate enrollment shall have completed successfully at least 40 percent of the course requirements in the student’s specific degree program. A student-athlete who is entering his or her fourth year of collegiate enrollment shall have completed successfully at least 60 percent of the course requirements in the student’s specific degree program.  A student-athlete who is entering his or her fifth year of collegiate enrollment shall have completed successfully at least 80 percent of the course requirements in the student’s specific degree program.  The course requirements must be in the student’s specific degree program (as opposed to the student’s major). (Adopted: 1/10/92 effective 8/1/92, Revised: 1/9/96, 10/31/02 effective 8/1/03)

Daily Compliance Item- 8/26/13- 17.1.6.5- Required Day(s) off

The softball coaches at Ocean State University are scheduling the out of season workouts for the team.  Because of varying class schedules, the student-athletes will be serving the required days off on different days.  Is this permissible?

Yes.  NCAA Staff Interpretation- 8/25/04-  Required Days Off Apply Individually (I) – states that the required day or days off per week (i.e., one per week during the playing season and two per week outside the playing season during the academic year) may apply individually to each student-athlete (as opposed to requiring the entire team to take the same day or days off per week).

[References:  Division I Bylaws 17.1.5.4 (required days off — playing season) and 17.1.5.5 (required days off — outside of the playing season) and a 3/24/93 staff interpretation, item b, which has been archived.]

Eight minutes of scrimmage ends eligibility for ODU’s Donte Hill

CBSsports.com

 

Donte Hill was an eight points/four boards/three dimes a game guard for a bad Old Dominion team last season. The team hoped to have him back for 2013-14, as he’d be the most experienced man on the roster for a team leaving the CAA and heading to Conference USA.

 

But that won’t be happening after the NCAA decided Hill’s college career to be over. On Thursday the organization let ODU know it wouldn’t have the services of Hill going forward, deeming eight minutes played during a scrimmage of Hill’s sophomore year at Clemson to be enough to wipe away a year of eligibility. The NCAA initially made this decision in June, ODU appealed it, and now with the appeal failing the case is closed. Hill is done playing college basketball.

 

NCAA bylaws state any time played in officially sanctioned competition — scrimmages included — start the clock on a player’s eligibility in that given year. So despite the fact Hill logged eight measly minutes in a meaningless game a few years ago, it wound up costing him in the end.

 

“I am very disappointed by the NCAA’s decision to deny my appeal, as I was hopeful there would have been reconsideration for my case,” Hill, a team captain, said in a statement. “I am very appreciative of the efforts on my behalf by Old Dominion. I enjoyed my time here, and I will be a Monarch forever.”

Hill transferred from Clemson to Old Dominion in 2011. The scrimmage in question came shortly before his decision to leave Clemson.

“Obviously, this news is extremely disappointing to our staff and team and of course to Donte,” Monarchs coach Jeff Jones said in a release. “He had a short, but successful career at ODU and more importantly has his sociology degree from the university. Donte is a great representative of the ideals the NCAA encourages in its student athletes. We know Donte has a bright future ahead of him.”

ODU was 5-25 last year, the worst season in men’s hoops history, which also included the midseason firing of longtime coach Blaine Taylor. The school and Taylor recently settled on money terms after his termination in February.

Hill was named to the CAA All-Academic team last season.

Daily Compliance Item- 8/21/13- 15.5.1.3- Medical Exemption

And One is a women’s basketball student-athlete at Ocean State University (OSU).  And was injured at the end of last year’s season to the point where the doctors said she unfortunately will not be able to return to college athletics.  She needs two more semesters to complete her degree requirements, and the coaches would like to keep her on scholarship.  Will her scholarship count against team limits?  If not, does a waiver have to be filed with OSU’s Conference office or the NCAA?

No, the scholarship will not count against team limits.  NCAA Bylaw 15.5.1.3 states that a counter who becomes injured or ill to the point that he or she apparently never again will be able to participate in intercollegiate athletics shall not be considered a counter beginning with the academic year following the incapacitating injury or illness.

There is no waiver necessary to exempt this athletic aid.  OSU should keep on file medical documentation/letter from the doctor treating the student-athlete.

Daily Compliance Item- 8/20/13- 17.1.6.6.3- Preseason Practice Times

The football team at Ocean State University had to practice late last night because of inclement weather.  The team was on the field from 10pm to 1am.  Is this permissible since it is during the preseason period?

No.  NCAA Bylaw 17.1.6.6.3 states that countable athletically related activities shall not occur between midnight and 5 a.m.

There is not a legislative exception for preseason practice.  The institution could certainly file a waiver and include any mitigating factors for needing to practice during that time period.

Daily Compliance Item- 8/16/13- Current Event

Lawyers for O’Bannon ask judge to deny defense motions

USATODAY.com

Attorneys for former UCLA basketball star Ed O’Bannon and other plaintiffs in a lawsuit concerning the use of college athletes’ names and likenesses said in a filing late Monday night that recent motions in the case by the NCAA and other co-defendants are “a transparent attempt to delay” a decision about certifying the case as a class-action and should be denied.

The filing added that if the defendants’ motions are granted, the resulting proceedings “would no doubt consume the parties – and the Court – for years” before U.S. District Judge Claudia Wilken could rule on the plaintiffs’ bid for class-action status.

In addition, the filing indicated that the case will continue to be about licensed college merchandise, even though the plaintiffs’ lead attorney, Michael Hausfeld, said during a hearing in June that “jerseys and bobble heads and all of that are out” with respect to the plaintiffs’ damages claim.

Sales of replica jerseys bearing numbers of current star players gained attention last week when ESPN analyst Jay Bilas pointed out that the NCAA’s merchandise website was allowing customers to search for jerseys by players’ names — a function that subsequently was disabled. NCAA President Mark Emmert later said the association will stop selling schools’ merchandise through the NCAA’s website.

The NCAA, video game manufacturer Electronic Arts and Collegiate Licensing Co. (CLC), the nation’s leading collegiate trademark licensing and marketing firm, each have filed motions in response to the plaintiffs’ July 18 filing. That amended complaint included the addition of current college athletes as named plaintiffs.

The NCAA and EA each separately asked Wilken for the opportunity to file a motion seeking their dismissal from the case before she rules on class certification. CLC asked for the removal of four of the five remaining active-athlete plaintiffs and a reduction in the case’s scope.

The plaintiff’s filing Monday night said some of the defendants’ arguments and requests, “verge on the nonsensical,” are “astonishing,” “absurd,” and “astounding.”

The NCAA, if not EA and CLC, will be able to file a reply.

EA spokesman John Reseburg and CLC spokesman Andrew Giangola said their companies had no comment. NCAA spokeswoman Stacey Osburn said the association also had no comment.

Monday night’s filing noted that Wilken, in a prior ruling, had said the defendants “shall not” file additional requests for dismissal until they make a motion for summary judgment — a ruling in their favor on the merits of the case before a trial. Such a motion presumably would occur after Wilken has decided whether the case should become a class action.

If Wilken certifies the suit as a class action, it could allow thousands of former and current NCAA Bowl Subdivision football and men’s basketball players to join the case. That could create the possibility of a damages award in the billions. In addition, if the plaintiffs were to get everything they have said they are seeking, it would force the establishment of an entirely new compensation arrangement for current FBS football players and Division I men’s basketball players — one under which “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.

And the plaintiffs, in a footnote that was part of Monday night’s filing said that even with merchandise not playing a part in their damages claim: “Of course … a Court order forbidding the continued enforcement of the [NCAA’s] bylaws … which preclude student-athletes from sharing in the revenue generated from the licensing of their name, image, and likeness—will likely impact products such as jerseys and trading cards.”

Daily Compliance Item- 8/15/13- 16.8.1- Travel for Regular Season Competition

THIS ITEM IS SPECIFIC TO DIVISION I ONLY

The men’s soccer coaches are planning out the team travel schedule for their away from home competitions. Which of the following is true?

A.  The team may not depart campus more than 48 hours prior to the competition

B.  The team may not depart campus more than 36 hours prior to the competition

C.  The team may not depart campus more than 24 hours prior to the competition

D.  There is no longer a departure restriction for student-athletes traveling to an away from home competition

The answer is D.  NCAA Bylaw 16.8.1 states that an institution may provide actual and necessary expenses to a student-athlete to represent the institution in practice and competition (including expenses for activities/travel that are incidental to practice or competition). In order to receive competition-related expenses, the student-athlete must be eligible for competition.

With the adoption of RWG-16-7, an institution may use its discretion when providing expenses, including incidental expenses, in accordance with institutional policies, whether for competition or for noncompetitive events.

This legislation has an 8/1/13 effective date.