During the break between fall and spring semesters, Ocean State University (OSU) will be participating in a bowl game as well as hosting a few men’s and women’s basketball games. OSU’s band is not able to participate in all these events, so is it permissible for OSU to hire a local high school band to perform at the home basketball games?
Yes. NCAA Bylaw 18.104.22.168 states that an institution may hire a band (e.g., marching band, pep band) comprised of prospective student-athlete-aged individuals to perform at its regular-season home contests and/or postseason home or away-from-home contests, provided the band is paid commensurate with the going rate in that locale for similar services and the organization providing the band is located within 150 miles of the competition site. (Adopted: 11/1/01 effective 8/1/02)