Daily Compliance Item- 8/14/13- 11.3.2.5- Quotes from a Recruiting Service

Ocean State University (OSU) sent out a few press releases this summer announcing new NLI signees.  Quotes from a recruiting service regarding the prospects’ commitment to OSU were included in the releases.  Is this permisible?

Yes with conditions.  NCAA Staff Interpretation- 8/13/13-  Institutional Press Release Including a Quote From a Recruiting or Scouting Service (I) – states that an institution may include a quotation by a recruiting or scouting service about a prospective student-athlete in a media release regarding the prospective student-athlete’s commitment, provided there is no indication that the institution endorses the recruiting or scouting service and the prospective student-athlete has signed a National Letter of Intent (NLI) or the institution’s written offer of admission or financial aid or the institution has received his or her financial deposit in response to its offer of admission. It is not permissible for an institution’s website to include a hyperlink to either the website of a noninstitutional publication that reports primarily on the institution’s athletics program or a recruiting/scouting service.

 

[References: NCAA Division I Bylaws 11.3.2.5 (recruiting service consultants) and 13.10.3 (publicity after commitment); a staff interpretation (8/4/99, Item No. b, which has been archived); and an official interpretation (11/17/98, Item No. 3, which has been archived)]

Daily Compliance Item- 8/13/13- 14.3.5.1- Practice Prior to Certification

Go Lee is a freshman soccer student-athlete at Ocean State University (OSU).  Go has submitted all the necessary information to the NCAA Eligibility Center, but her eligibility has not been certified yet.  Go reported to preseason practice at OSU yesterday.  Can she practice while her certification is pending?

Yes with conditions.  NCAA Bylaw 14.3.5.1 states that if a student-athlete reports for athletics participation before his or her qualification status has been certified, the student may practice, but not compete, during a 45-day period, provided the student meets all other requirements to be eligible to practice. An institution shall not provide athletically related financial aid to the student during this period. After the 45-day period, the student shall have established minimum requirements (as certified by the NCAA Eligibility Center) to continue practicing or to compete and receive athletically related financial aid.

 

This legislation changed with the adoption of RWG-14-1 and has an effective date of 8/1/13.

Daily Compliance Item- 8/12/13- 17.28.1.4.1.1- Foreign Tour

The Ocean State University (OSU) men’s basketball team will be participating in a foreign tour next week.  The coaches would like the two incoming freshmen to participate with the team.  These individuals completed 6 hours each in summer school and have been certified as qualifiers by the NCAA Eligibility Center.

Is it permissible for the incoming freshmen to compete on the foreign tour?  If they do compete, will they utilize a season of competition?

Yes, the incoming freshmen are permitted to represent OSU on the foreign tour.  NCAA Bylaw 17.28.1.4.1.1 states that in basketball, it is permissible for an incoming student-athlete (freshman or transfer) to represent the institution on a foreign tour that occurs during the summer prior to his or her initial full-time enrollment at the certifying institution and participate in practice prior to departure for the foreign tour pursuant to Bylaw 17.28.1.5, provided the following conditions are met:  (Adopted:  4/29/10 effective 8/1/10)

(a) He or she has earned at least three hours of acceptable degree credit (toward any of the institution’s degree programs) during the summer term at the certifying institution; and

(b) He or she is eligible to represent the institution in intercollegiate competition during the academic year immediately following the tour.

The incoming freshmen would not utilize a season of competition.  NCAA Staff Interpretation-  Use of a Season of Competition for Participation in Summer Foreign Tour Prior to Initial Enrollment — Basketball (I) – states that  in basketball, an incoming student-athlete (freshman or transfer) who participates on a foreign tour that occurs during the summer prior to his or her initial full-time enrollment at the certifying institution is not charged with a season of competition for such participation.

[References: NCAA Bylaws 14.2.3.1 (minimum amount of competition), 14.2.3.6 (foreigntour competition) and 17.29.1.4.1.1 (exception — basketball)].

 

NCAA will cease role in sales of athlete memorabilia

NCAA president Mark Emmert said on a conference call Thursday that the e-commerce site ShopNCAASports.com, which was at the center of a Twitter controversy earlier this week led by college basketball commentator Jay Bilas, would no longer sell team-related merchandise.

“There’s no compelling reason the NCAA should essentially be re-selling paraphernalia from institutions,” Emmert said. “I can’t speak to why we entered into that enterprise, but it’s not something that’s appropriate for us, and we’re going to exit it.”

The online NCAA shop, which is copyrighted by Fanatics Retail Group, drew significant attention this week when Bilas typed names of college athletes such as Texas A&M’s Johnny Manziel and Clemson’s Tajh Boyd into the site’s search function and got the replica jerseys of those players to come up.

USA TODAY Sports found the same thing could be done when Alabama quarterback AJ McCarron, Ohio State quarterback Braxton Miller and Georgia quarterback Aaron Murray’s names were typed into the search box as well. You could even plug in former Buckeyes quarterback Terrelle Pryor, who was suspended in 2011 after selling his own memorabilia, and his old OSU jersey would appear.

The NCAA released a statement Thursday night from Mark Lewis, its Executive Vice President for Championships and Alliances, that read, “Moving forward, the NCAA online shop will no longer offer college and university merchandise. In the coming days, the store’s website will be shut down temporarily and reopen in a few weeks as a marketplace for NCAA championship merchandise only. After becoming aware of issues with the site, we determined the core function of the NCAA.com fan shop should not be to offer merchandise licensed by our member schools.”

Though the site is copyrighted by Fanatics Retail Group, it is branded with the NCAA’s official logo and links prominently to NCAA.com, the NCAA’s commercial web site.

The NCAA is currently fighting multiple lawsuits regarding the names and likenesses of college athletes. One of its co-defendants in one case, Collegiate Licensing Co., the nation’s leading collegiate trademark licensing and marketing firm, has denied the link between an athlete’s jersey and number and their individual likeness. On Monday lawyers for CLC wrote, that the firm denies “that it has allowed former players’ indicia of identity to be utilized in connection with sales of replica and actual jerseys and other apparel offered for sale” and that “CLC denies that uniform numbers are ‘indicia of identity’ for student-athletes.”

Steve Berman, a lawyer helping to represent former college athletes in two ongoing lawsuits pertaining to the use of college athletes’ names and likenesses – one of which has the NCAA, video game manufacturer Electronic Arts and CLC, as the defendants, told USA TODAY Sports of the NCAA, “They realize that the spotlight is on them, that’s for sure.”

However, he pointed out that the NCAA’s move Thursday is unlikely to have much of an impact on the broader market for college sports merchandise, including the availability of jerseys with current star players’ numbers on them. He cited the recent sequence of events involving EA’s college football game, in which the NCAA announced it was not renewing its licensing contract with EA for the game and then two days later, more than 150 colleges, conferences and bowl games approved a three-year deal with EA for it.

“The NCAA did the same thing with EA and the schools are still going ahead,” Berman said. “I think you’ll see the same kind of conduct here.”

Emmert said his understanding was that the NCAA itself made no money off the sale of that merchandise, but its Web site was essentially used as an aggregator for schools to sell it. Still, Emmert said in the future that site will only carry merchandise with the NCAA logo, not team jerseys with players’ numbers. “I think the business of having the NCAA sell those kind of goods is a mistake,” he said. “It was inappropriate for us to be in that business, and I can certainly see how that would be seen as hypocritical.”

The web site ShopNCAASports.com no longer will sell memorabilia representing individual college athletes, NCAA President Mark Emmert said Thursday.(Photo: USA TODAY Sports)

Emmert’s announcement of the NCAA’s plan to move away from the jersey sales came as the Executive Committee, which employs Emmert, as well as the Division I Board of Directors finished a series of regularly scheduled meetings in Indianapolis.

Though Emmert’s job security has been in question following a series of NCAA missteps, Michigan State president and NCAA executive committee chair Lou Anna Simon said he was “an integral part of our process to move forward to strengthen the NCAA as the voice of college sports.”

Among the key points to come out of those meetings was continuing the discussion about possible changes in the Division I governance structure. Commissioners of the five most powerful football conferences have talked about establishing a new legislative division in which they could more easily make rules without pushback from smaller, lower-revenue schools, many of which doesn’t even play in the Football Bowl Subdivision. Wake Forest president Nathan Hatch said those discussions would take place at next January’s NCAA convention, with a target date of next August to implement any new structure.

Daily Compliance Item- 8/8/13- 14.5.4.2.3- Summer Transferable Credit

Ocean State University (OSU) is reviewing every student-athlete’s academic record in preparation for certifying their eligibility for the 2013-14 academic year.  Dig, a volleyball student-athlete, transferred to OSU this fall from a junior college.  Dig began a non-traditional course this past spring but did not complete it until after the junior college’s graduation ceremonies.  Additionally, Dig’s junior college does not have traditional terms of enrollment.  When certifying Dig’s eligibility, does OSU have to count the credit for this non-traditional course as summer credit?

Yes.  NCAA Staff Interpretation- 8/6/13-  Summer Terms for Institutions without Traditional Terms of Enrollment to Satisfy 2-4 Transferable Degree Credit Requirements (I) – states that the assessment of whether nontraditional course credit from an institution without traditional academic terms is considered credit from an academic-year course, or a summer course is based on the academic calendar of the two-year institution most recently attended by the student-athlete. Therefore, if a student-athlete begins a nontraditional course after the two-year college’s spring commencement exercises, the course shall be considered summer credit, regardless of how it is classified by the offering institution. In addition, if a student-athlete begins a nontraditional course before the two-year college’s spring commencement exercises but completes the course after the commencement exercises, the course shall be considered summer credit.

 

[References: NCAA Division I Bylaws 14.5.4.2.3 (credit earned during summer terms); 14.5.4.5.2 (credit earned at four-year institution); and 14.5.4.5.3 (determination of transferable degree credit)]

Daily Compliance Item- 8/7/13- 14.4.3.1.6- Additional Football PTD Requirement

Hash Mark is a football student-athlete at Ocean State University. Here is Hash’s academic record for the 2012-13 academic year:

Fall 2012 semester- 6 degree applicable hours

Spring 2013 semester- 15 degree applicable hours

Summer 2013- 6 degree applicable hours

For this example, Hash is meeting the other progress toward degree requirements for GPA and % of degree.

Will Hash be eligible to compete during the 2013 season?

 

Yes with conditions.  NCAA Bylaw 14.4.3.1.6 states 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 or does not earn the Academic Progress Rate eligibility point for the fall term or does not successfully complete either requirement 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, Revised:  5/28/13)

Because Hash earned 27 academic credits prior to the start of the fall 2013 term, he can regain some or all of his eligibility back for the 2013 season.

NCAA Bylaw 14.4.3.1.6.1 states that a student-athlete who is ineligible, pursuant to Bylaw 14.4.3.1.6, to compete in the first four contests of a playing season against outside competition may regain eligibility to compete in the third and fourth contests of that season, provided he or she successfully completes at least 27-semester hours or 40-quarter hours of academic credit before the beginning of the next fall term.  A student-athlete in his or her initial year of full-time collegiate enrollment may use credit hours earned at the certifying institution during the summer prior to initial full-time enrollment and credit hours earned during the summer following the regular academic year to satisfy the 27-semester/40-quarter credit-hour requirement.  (Adopted:  4/28/11 effective 8/1/11, Revised: 2/6/12)

NCAA Bylaw 14.4.3.1.6.2 states that one time during a student-athlete’s five-year period of eligibility, a student-athlete who does not successfully complete at least nine-semester hours or eight-quarter hours of academic credit during the fall term or earn the Academic Progress Rate eligibility point for the fall term may regain eligibility to compete in the first four contests against outside competition in the following playing season, provided he or she successfully completes at least 27-semester hours or 40-quarter hours of academic credit before the beginning of the next fall term.  A student-athlete in his or her initial year of full-time collegiate enrollment may use credit hours earned at the certifying institution during the summer prior to initial full-time enrollment and credit hours earned during the summer following the regular academic year to satisfy the 27-semester/40-quarter credit-hour requirement.  (Adopted: 4/28/11 effective 8/1/11, Revised: 2/6/12)

Daily Compliance Item- 8/6/13- 16.5.2.1- Miscalculation of Preseason Start Date

The Ocean State University (OSU) volleyball student-athletes reported to campus to begin their preseason on the evening of August 5th and will start practice activities on August 6th.  On August 8th, the compliance director discovered a miscalculation with the preseason start date.  The team should not have conducted its first practice until August 8th.  Because the student-athletes received expenses prior to the first permissible date, does OSU have to request reinstatement from the NCAA?

No.  NCAA Bylaw 16.5.2.1 states that a violation of Bylaw 16.5.2-(b) due to a miscalculation of the permissible start date for preseason practice shall be considered an institutional violation per Constitution 2.8.1; however, the student-athlete’s eligibility shall not be affected.

Daily Compliance Item- 8/5/13- 16.5.2(b)- Snack During Preseason

The women’s soccer team has reported for pre-season practice at Ocean State University.  Because of the extreme heat, the coach would like to provide frozen yogurt and popsicles to her student-athletes as a snack during this pre-season period.  Is it permissible for these student-athletes to receive a snack?  Is it permissible for the coach to give the student-athletes cash to buy snacks?

Yes, it is permissible to provide the student-athletes with an additional meal during the pre-season.  The coach cannot, however, give cash to purchase the snacks.  NCAA Bylaw 16.5.2(b) states that the institution may provide the cost of room and board to student-athletes who report for pre-season practice prior to the start of the academic year, it being understood that the student-athlete has been accepted for admission to the institution at the time such benefits are received.  Further, an institution, at its discretion, may provide an additional meal (as opposed to the cash equivalent) to student-athletes to meet their nutritional needs as a benefit incidental to participation during the pre-season practice period prior to the start of the academic year.

Daily Compliance Item- 8/2/13- 13.1.3.1.4- Women’s Basketball Recruiting Model

Ima M. Patient, head women’s basketball coach at Ocean State University, wants to take advantage of the new recruiting rules for their sport as they plan out their recruiting strategy for the year.  They are very interested in Allee Oop, a rising junior in high school, and would like to start telephoning her as of August 1st.

Is this permissible?

 

No.  NCAA Bylaw 13.1.3.1.4 states that in women’s basketball, telephone calls to an individual (or the individual’s relatives or legal guardians) may not be made before September 1 at the beginning of the individual’s junior year in high school. Thereafter, an institution may make telephone calls to a prospective student-athlete at its discretion. (Adopted: 4/22/98, Revised: 11/1/01 effective 4/1/02, 4/28/05 effective 8/1/05, 10/17/05, 1/19/13 effective 8/1/13)

With the adoption of NCAA Proposal 13-1, several pieces of recruiting legislation in the sport of women’s basketball have changed as of August 1st.

Daily Compliance Item- 8/1/13- 17.9.2.1.2.2- Injury During Preseason Football Practice

 

I hope everyone has enjoyed the summer.  Ready or not several fall sports are going to report back to campus soon and begin preseason activities.  Good luck to everyone during the 2013-14  academic year!!

 

Ocean State University (OSU) football team began its preseason practice activities two days ago.  Unfortunately one of the student-athletes sustained a serious injury and is no longer able to participate.

Which of the following is true?

A.  The injured student-athlete may be replaced without having to include that individual in OSU’s limit of 105 preseason participants.

B.  The injured student-athlete may continue to receive expenses during the preseason period.

C.  Once replaced, the injured student-athlete will no longer be permitted to participate in any athletically related activities (including meetings, film review, etc.)

D.  All of the above.

 

The answer is DNCAA Bylaw 17.9.2.1.2.2 states that a student-athlete who sustains an injury or illness that prevents further participation in preseason practice activities may be replaced with another student-athlete without including that individual in the institution’s limitation on number of individuals who may participate in preseason practice.  The replaced student-athlete shall cease participation in all athletically related activities (including team meetings and film review) and shall not resume participation in athletically related activities before the institution’s first day of classes or first contest, whichever occurs first.  The replaced student-athlete may continue to receive preseason practice expenses.