Daily Compliance Item- 4.30.15- 13.4.3.2- Prospects Used in Camp Advertisements

The baseball coaches at Ocean State University (OSU) want to include pictures from last year’s camp in the online brochure for this year’s camp.  One of the pictures includes a group of prospects learning how to field a ground ball.  Is it permissible to include such a picture in OSU’s camp advertisements?
Yes.  NCAA Staff Interpretation- 4/24/15- Photographs of Prospective Student-Athletes in Camp or Clinic Information and Advertisements (I)- states that a photograph of a prospective student-athlete (or multiple prospective student-athletes) taken during the normal course of camp or clinic activities (e.g., instruction, competition, meals, entertainment) may be used in camp or clinic information and advertisements for future camps or clinics. It is generally not permissible to use a photograph of a prospective student-athlete (or multiple prospective student-athletes) taken in circumstances other than the normal course of camp or clinic activities (e.g., staged or arranged photographs) in camp or clinic information or advertisements. However, once a prospective student-athlete has signed a National Letter of Intent, the institution’s written offer of admission and/or financial aid or the institution has received his or her financial deposit in response to the institution’s offer of admission a staged or arranged photograph may be used in camp or clinic information and advertisements only in the same manner in which it is permissible to use photographs of student-athletes.
[References: NCAA Division I Bylaws 12.5.1.6 (camps) 13.4.1.3 (printed recruiting materials), 13.4.3.2 (camp or clinic advertisements or promotions), 13.10.2.1 (comments before commitment) and 13.10.2.7 (photograph of prospective student-athlete)]

Daily Compliance Item- 4.28.15- 13.7.3- NLI Signees and Game Day Activities

Slider is a prospective student-athlete that signed a National Letter of Intent (NLI) to play baseball at Ocean State University (OSU) next year.  Slider lives near the OSU campus and will attend the home baseball game friday night.  Since Slider has signed an NLI, the coaches would like to have Slider line up with the players during pre-game introductions.  
Is this permissible?
No.  The restrictions in the legislation regarding a prospect participating in game-day activities still apply to NLI signees.  NCAA Educational Column- 4/28/15- Publicity After Prospective Student-Athlete’s Commitment (I)-provides some clarification on publicity issues after a prospect signs an NLI.  
NCAA Division I institutions should note that there are no restrictions on publicity related to a prospective student-athlete after he or she has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid or after the institution has received his or her financial deposit in response to its offer of admission, except as set forth in the presence of media during recruiting contact legislation.
The following questions and answers are designed to assist the Division I membership with the application of legislation related to publicity after commitment.
Question No. 1: After a prospective student-athlete commits to the institution, may the institution provide him a photograph taken during his official visit?
Answer: Yes, the photograph may be provided to the prospective student-athlete either as general correspondence or as an attachment to general correspondence, provided the size of the photograph does not exceed 8 1/2 by 11 inches when opened in full.
Question No. 2: After a prospective student-athlete commits to the institution, may the institution use social media to publicize his visit to campus?
Answer: Yes, it is permissible to publicize the prospect’s visit to campus, as there are no restrictions on publicity related to a prospective student-athlete after he or she commits to the institution.
Question No. 3: After a prospective student-athlete commits to the institution, may the institution show her a personalized audio/video presentation?
Answer: Yes, it is permissible for the institution to arrange personalized audio/video presentations to show a prospective student-athlete; however, such an audio/video presentation may not be provided to the prospective student-athlete unless it satisfies the video/audio materials legislation.
Question No. 4: After a prospective student-athlete commits to the institution, may the institution show a video of the prospective student-athlete on its stadium scoreboard or in the institution’s coach’s office?
Answer: Yes, the institution may produce and arrange personalized audio/video presentations to use in permissible publicity activities, including playing the personalized audio/video for the prospective student-athlete in the coach’s office; however, such an audio/video presentation may not be provided to the prospective student-athlete.
Question No. 5: After a prospective student-athlete commits to the institution, may the institution arrange personalized recruiting aids, other than audio/video scoreboard presentations, and allow the prospective student-athlete to participate in game-day simulations?
Answer: No, the legislation governing miscellaneous personalized recruiting aid and participating in game day simulations during an official or unofficial visit still apply after a prospective student-athlete commits to the institution. For example, it is not permissible to personalize a jersey for a prospective student-athlete or to allow the prospective student-athlete to run onto the field with the team during pregame introductions.
[References: NCAA Division I Bylaws 13.02.12.1 (exception — after commitment), 13.4.1.3 (printed recruiting materials), 13.4.1.7 (video/audio materials), 13.6.7.9 (activities during official visit), 13.7.3 (activities during unofficial visit), 13.10.1 (presence of media during recruiting contact), 13.10.2.1 (comments before commitment), 13.10.2.4 (prospective student-athlete’s visit), 13.10.2.7 (photograph of prospective student-athlete) and 13.10.3 (publicity after commitment), and staff interpretation (/2/2/15, Item No. c)]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.28.15- 13.02.7.2- Evaluation Days and Committed Prospects

The Head Softball Coach  at Ocean State University (OSU) want to go watch one of their National Letter of Intent (NLI) signees play tomorrow.  Since the prospect they will be watching has already signed an NLI with OSU, does the coach have to count an evaluation day for watching this game?
Yes an evaluation day is used when observing a committed prospect in practice or competition activities.  NCAA Educational Column- 4/28/15- Recruiting Activities After a Prospective Student-Athlete Commits to an Institution (I)- helps to clarify issues regarding recruiting activities for those prospects that have committed to institutions.  
Date Published: April 28, 2015 
Item Ref: 

Educational Column:
NCAA Division I institutions should note, pursuant to the exception after commitment legislation, after the institution has received an individual’s financial deposit in response to its offer of admission or the individual has signed a National Letter of Intent (NLI) or the institution’s written offer of admission and/or financial aid the individual is no longer subject to the restrictions of Bylaw 13.1; however, the individual remains a prospective student-athlete for purposes of applying the remaining provisions of Bylaw 13 and other bylaws.
The following questions and answers are intended to assist the membership in applying NCAA Division I recruiting legislation after an individual has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid or after the institution has received his or her financial deposit in response to its offer of admission (i.e., after the individual’s commitment to the institution).
Football.
Question No. 1: In bowl subdivision football, may a coaching staff member have in-person contact, on or off campus, during the December or January dead period with a prospective student-athlete who has committed to the coaching staff member’s institution?
Answer: No. During the December or January dead period, it is not permissible to have contact with a prospective student-athlete who has committed to the institution. However, it is permissible for the institution to have contact with a prospective student-athlete who has arrived in the locale of the institution for initial full-time enrollment.
Question No. 2: In football, may a coaching staff member have contact with a committed prospective student-athlete while the prospective student-athlete is participating in an all-star contest?
Answer: No. It is not permissible for an institution to make in-person contact, on- or off-campus, with a prospective student-athlete participating in an all-star contest from the time the prospective student-athlete arrives in the locale of the contest until he returns to his home or to his educational institution.
Question No. 3: In bowl subdivision football, during the spring evaluation period, may the head coach visit the prospective student-athlete’s educational institution after he has committed to the coaching staff member’s institution?
Answer: No. It is not permissible for an institution’s head coach, or any coach who has been publicly designated to become the next head coach, to make in-person, off-campus contact with a prospective student-athlete during the April 15 through May 31 evaluation period at any location, even if the prospective student-athlete has signed the institution’s written offer of admission and/or financial aid or the institution has received the prospective student-athlete’s financial deposit in response to its offer of admission.
Question No. 4: May a coaching staff member have contact outside of a contact or evaluation period with a prospective student-athlete, who has committed to the coaching staff member’s institution, at the prospective student-athlete’s educational institution?
Answer: Any visit to a prospective student-athlete’s educational institution during a contact period counts as a contact for all prospective student-athletes in that sport at that educational institution.
All Sports.
Question No. 1: In sports other than bowl subdivision football, may a coaching staff member have in-person contact, on or off campus, during a dead period with a prospective student-athlete who has committed to the coaching staff member’s institution?
Answer: Yes. A prospective student-athlete is no longer subject to the application of the dead period legislation after he or she signs an NLI or the institution’s written offer of admission and/or financial aid, or the institution receives a financial deposit in response to the institution’s offer of admission; however, the dead period legislation still applies to all other prospective student-athletes.
Question No. 2: May a coaching staff member have contact outside of a contact or evaluation period (or a recruiting period in men’s basketball) with a prospective student-athlete who has committed to the coaching staff member’s institution, at the prospective student-athlete’s educational institution?
Answer: No. It is not permissible to have contact outside of a contact or evaluation period (or a recruiting period in men’s basketball) with a prospective student-athlete at his or her educational institution, because recruiting rules still apply to all other prospective student-athletes at the prospective student-athlete’s educational institution.
Question No. 3: May a coaching staff member have in-person contact, on- or off-campus, with a nonqualifier who is enrolled in his or her first year of college at a two-year institution after he or she commits to the coaching staff member’s institution?
Answer: Yes; however, it is not permissible to provide such a prospective student-athlete an official visit until he or she has completed an academic year at a two-year college.
Question No. 4: Is an institution required to obtain permission to contact a four-year college prospective student-athlete who has committed to the coach’s institution?
Answer: No. An institution that has received a four-year college prospective student-athlete’s signed acceptance of admission or a financial deposit in response to its offer of admission is not required to obtain written permission from another NCAA or NAIA four-year collegiate institution to make contact with the prospective student-athlete; however, the institution is required to obtain written permission from the four-year college prospective student-athlete’s previous institution to provide the student-athlete with athletically related financial assistance during the prospective student-athlete’s first year of full-time enrollment at that institution.
Further, if the four-year college student-athlete is transferring from an NCAA or NAIA member institution, the student-athlete’s previous institution must certify in writing that it has no objection to the student-athlete using the one-time transfer exception.
Question No. 5: Do the restrictions on telephone calls (e.g., one telephone call per week) and electronic correspondence apply to a prospective student-athlete once the individual commits to the coach’s institution?
Answer: No.
Question No. 6: Do the restrictions on the number of contacts apply to a prospective student-athlete who has committed to the coach’s institution?
Answer: No.
Question No. 7: Do the restrictions on the number of evaluations apply to a prospective student-athlete who has committed to the coach’s institution?
Answer: Although the institution does not use an evaluation for the prospective student-athlete who has commited to the institution, a visit (without contact) to a prospective student-athlete’s educational institution counts as an evaluation for all prospective student-athletes in that sport at that educational institution.
In addition, in team sports, the institution uses an evaluation for all prospective student-athletes participating in the practice or competition in which the committed prospective student-athlete participates. In football, an observation that occurs during a permissible contact period counts only as a contact.

Question No. 8: In sports with evaluation days (i.e., football, softball, women’s volleyball and women’s sand volleyball), does the institution use an evaluation day for observing a prospective student-athlete who has committed to the coach’s institution?

Answer: If the prospective student-athlete who has commited to the coach’s institution participates in a team sport that has evaluation days (e.g., football), then an evaluation day is used when the coach engages in an evaluation of the committed prospective student-athlete participating in practice or competition in the team sport.
For example, a committed prospective student-athlete participates in both softball and golf. The institution’s softball coach observes the committed prospective student-athlete participating in a softball tournament. In this scenario, an evaluation day is used.
However, if the institution’s softball coach observes the committed prospective student-athlete participating in golf, an evaluation day is not used.
Question No. 9: Do the restrictions on the number of recruiting opportunities apply to a prospective student-athlete who has committed to the coach’s institution?
Answer: No.
Question No. 10: Is a coaching staff member permitted to have contact with a prospective student-athlete who has committed to the coach’s institution after the prospective student-athlete has reported on call and before she has been released by the appropriate authority?
Answer: Yes. However, recruiting regulations still apply to all other prospective student-athletes participating in the practice or competition.
Question No. 11: In men’s basketball, women’s basketball and football, is a coaching staff member permitted to visit a prospective student-athlete’s educational institution more than once per week after the prospective student-athlete commits to the coach’s institution?
Answer: No. While a prospective student-athlete is no longer subject to the restrictions of Bylaw 13.1 after commitment, recruiting regulations still apply to all other prospective student-athletes at the prospective student athlete’s educational institution.
Question No. 12: In women’s basketball, during the July evaluation period, may a coaching staff member have communication with a prospective student-athlete who has committed to the coach’s institution?
Answer: Yes. During the July evaluation period in women’s basketball, a coaching staff member may have communication with a prospective student-athlete, her relatives or legal guardians, her coach or any individual associated with her as a result of her participation in basketball, provided she has committed to the coach’s institution. However, because the recruiting regulations still apply to all other prospective student-athletes, it is not permissible for a coaching staff member to have communication with a prospective student-athlete’s coach or any other individual associated with the prospective student-athlete if the individual has not committed to the coach’s institution.
[References: NCAA Division I Bylaws 13.02.5.5.2 (exception — after commitment), 13.02.12.1 (exception — after commitment), 13.1.1.2 (two-year college prospective student-athletes), 13.1.1.3 (four-year college prospective student-athletes), 13.1.2.6.3 (spring evaluation period — football bowl subdivision), 13.1.3.1 (time period for telephone calls — general rule), 13.1.3.1.1 (exception — swimming and diving), 13.1.3.1.1 (exception — baseball, cross country/track and field, men’s lacrosse, women’s lacrosse, women’s sand volleyball, softball and women’s volleyball), 13.1.3.1.2 (exception — football), 13.1.3.1.3 (exception — men’s basketball), 13.1.3.1.4 (exception — women’s basketball), 13.1.3.1.4.1 (additional restrictions — July evaluation periods), 13.1.3.1.7 (application of telephone call limitations), 13.1.3.2.1 (during conduct of athletics contest), 13.1.4.1 (men’s basketball), 13.1.4.2 (football and women’s basketball), 13.1.4.2.1 (visit during contact period — football), 13.1.4.2.3 (visit during evaluation period — women’s basketball), 13.1.5.1 (sports other than football, basketball and men’s ice hockey), 13.1.5.2 (football), 13.1.5.3 (men’s basketball), 13.1.5.4 (women’s basketball), 13.1.5.4.2 (additional restrictions — July evaluation periods), 13.1.5.5 (men’s ice hockey), 13.1.6.2 (practice or competition site), 13.1.6.2.1 (additional restrictions — basketball), 13.1.6.2.3 (athletics events outside contact period — football and basketball), 13.1.6.3 (all-star contests — football), 13.6.2.3.1 (nonqualifier in first year) and staff interpretations (8/30/13, Item No. b), (12/12/13, Item No. a), (12/12/13, Item No. b), (3/6/14, Item No. b) and (6/12/14, Item No. a)]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.27.15- 11.7.1.1.1- Temporary Replacement

A women’s basketball assistant coach at Ocean State University (OSU) left last week to become a head coach at another institution.  OSU does not want to fall behind in recruiting, so the head coach would like to elevate the Director of Basketball Operations to a countable coach until they hire a replacement.  The Director of Basketball Operations has taken and passed the coaches’ exam.  Is this permissible?
 
Yes.  NCAA Staff Interpretation- Staff Interpretation- 4/26/13-  Noncountable Coaches and Noncoaching Staff Members Serving as Countable Coaches (I) – states that an institution may temporarily employ and compensate a noncountable coach (e.g., volunteer coach) or noncoaching staff member as a countable coach if the regular countable coach has left the program, provided the institution does not exceed the total number of countable coaches for the sport. Further, the noncountable coach or noncoaching staff member may return to his or her original position once a permanent countable coach is employed by the institution.
  [References: NCAA Division I Bylaws 11.01.3 (coach, graduate assistant — bowl subdivision football and women’s rowing); 11.01.5 (coach, volunteer); 11.5.1 (annual certification requirement); 11.7.1.1.1.1 (noncoaching activities); 11.7.1.1.1.1.1 (exception — noncoaching staff member with sport specific responsibilities) and official interpretation (02/19/87, Item No. 17) which has been archived]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.24.15- Current Event

Armour: Coaches’ talk about giving athletes more help now sounds cheap

USAToday.com
The schools in the power five conferences haven’t even started cutting the checks yet, and already some coaches are moaning about how paying the full cost of attendance is going to give somebody else an advantage.
Spare me.
For years, coaches at the major football and basketball programs have been saying more needs to be done for their athletes. Sure, athletes get their education paid for. But that’s chump change when compared with the billions they’re generating for their schools and conferences through television deals, ticket sales, advertising, merchandise and donations.
When you consider that these “student-athletes” devote upwards of 40 hours a week to their sports during the season, it begins to look more like slave labor than a fair trade. Especially when those scholarships don’t even cover the full cost of attendance.

But it was one thing to champion the idea of giving athletes more when it was just that, an idea. Now that schools can cover the cost of attendance, beginning with the 2015-16 school year, some coaches are showing that, contrary to their claims, it’s really notabout the kids.
It’s about winning, plain and simple.
“I think extra money or more money to our student-athletes is a proper way to go. But the way we’ve done it, where there could be tremendous difference in what we give as opposed to another school gives, are able to give, we’ve never done anything like that in college football before,” Virginia Tech’s Frank Beamer said Wednesday during a teleconference with ACC football coaches.
“I’m disappointed,” Beamer continued. “I think it’s not the way to go.”
Neither does Louisville coach Bobby Petrino.
I think they have a lot of work to do on the cost of attendance because obviously you don’t want it to be an advantage for one school over the other,” Petrino said. “It would certainly be good for the University of Louisville, but I’m not sure that’s fair throughout the country to have it be different at one school than the other.”
News flash: Unless you put all schools on the moon, or in some corner of South Dakota, the playing field in college athletics is always going to be unequal. No offense to the good folks of Starkville, Miss., but the Mississippi State campus is never going to compare to Stanford’s. The weather at Syracuse is never going to be as good as it is inSan Diego State.

That Clemson’s clearance to buy its new toy, err, jet, came on the very same day Tigers coach Dabo Swinney was bemoaning the “nightmare” that paying full cost of attendance is going to create is just too rich.
“Will that change the balance between the haves and have-nots? I think it won’t,” NCAA President Mark Emmert said Thursday when he was asked about cost of attendance during the Associated Press Sports Editors’ annual meetings with league commissioners. “I think the answer is, it won’t change it any more than it already has been changed.”
Kids select schools for a variety of reasons — playing time, academics, coaching, visibility, friends, proximity to home. The idea that a recruit is now going to pick School X because he or she will get $5,000 to cover the full cost of attendance as opposed to $2,000 is as laughable as multi-millionaire coaches whining about financial inequity.
Of course there are details about paying the full cost of attendance that need to be worked out, including monitoring and verification. That’s always the case with something new. But this is a step in the right direction, and the coaches need to give it a chance to work before trying to torpedo it.
Otherwise, all that talk about wanting to help their athletes is just that. Talk.
And cheap talk at that.
This article was selected for educational purposes only.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.23.15- 11.01.3- Grad Assistants and Summer Access Activities

The football coaches at Ocean State University are finalizing the student-athletes’ schedules for summer activities.  The coaches would like to have the graduate assistant coaches help out with this summer schedule.  Is this permissible?
 
Yes with conditions.  NCAA Staff Interpretation- 4/25/14- Undergraduate Student Assistant Coach, Manager or Football Graduate Assistant Serving During Required Summer Athletic Activities (I) – states that , in basketball and football, an undergraduate student assistant coach or manager may fulfill coaching or managerial duties, respectively, during required summer athletic activities, provided he or she was enrolled full-time at the conclusion of the regular academic term (e.g., spring semester or quarter) immediately preceding the institution’s summer term or terms or has been accepted for enrollment as a regular full-time student for the regular academic term immediately following the summer term or terms.
 
In addition, in football, a graduate assistant coach may fulfill coaching duties during required summer athletic activities, provided he or she was enrolled in at least 50 percent of the institution’s minimum regular graduate program of studies at the conclusion of the regular academic term (e.g., spring semester or quarter) immediately preceding the institution’s summer term or terms or has been accepted for enrollment in a graduate program for the regular academic term immediately following the summer term or terms. If the football graduate assistant coach is in his or her final semester or quarter of the degree program during the regular academic term (e.g., spring semester or quarter) immediately preceding the institution’s summer term or terms, he or she may be enrolled in less than 50 percent of the institution’s minimum regular program at the conclusion of the regular academic term, provided he or she is carrying for credit the courses necessary to complete the degree requirements.
  [References: NCAA Division I Bylaws 11.01.3 (coach, graduate assistant — bowl subdivision football and women’s rowing), 11.01.4 (coach, undergraduate student assistant), 11.01.6 (manager), 13.2.3.3 (after completion of senior year), 13.2.3.3.1 (two-year college prospective student-athletes), 17.1.6.2.1.5.1 (basketball), 17.1.6.2.1.5.2 (football), 17.1.6.2.1.5.3 (exception to summer school enrollment — academic requirements – basketball and football) and a staff determination (6/27/13, Item No. a) which has been archived]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.22.15- 13.15.1.10- Men’s Basketball Donations to Nonprofit Organizations

The men’s basketball coaches want to donate to a local organization that provides educational programs to children, ages 5-18, of veterans.  Because some of the participants are of prospect age, is it okay for the coaches to donate to the organization?
Yes as long as the funds are not earmarked for those participants that are of prospect age.  NCAA Educational Column- 6/14/12 (updated 4/16/15) Recruiting — Men’s Basketball — Donations to Nonprofit Foundations (I)- provides clarification on donations.  
Editor’s Note:  This educational column was updated April 16, 2015, with the addition of Question No. 9 to provide additional clarification to the membership. The original posting date was kept for ease of reference.
NCAA Division I institutions should note that on April 26, 2012, the NCAA Division I Board of Directors voted to transfer the interpretive authority for basketball issues from the NCAA enforcement staff to academic and membership affairs, effective June 15, 2012. This educational column is intended to assist the membership with the transition of interpretive authority and provide clarity regarding interpretive issues the enforcement staff has addressed since the Board’s actions on October 29, 2009. Any questions related to the issues noted within this educational column should be directed to the academic and membership affairs staff.
Question No. 1: Is it permissible for an institution or a men’s basketball staff member to provide money to a nonprofit foundation that expends funds for the benefit of a nonscholastic team, a prospective student-athlete (PSA) or an individual associated with a prospective student-athlete (IAWP)?
Answer: No. A violation of Division I Bylaws 13.2.1 and/or 13.15.1.10 would occur if an institution or a men’s basketball staff member provides money to a nonprofit foundation that expends funds for the benefit of a nonscholastic team, a PSA or an IAWP.
Question No. 2: What is the definition of an IAWP?
Answer: Per NCAA Division I Bylaw 13.02.17, in men’s basketball, an IAWP is any person who maintains (or directs others to maintain) contact with the PSA, the PSA’s relatives or legal guardians or coaches at any point during the PSA’s participation in basketball, and whose contact is directly or indirectly related to either the PSA’s athletic skills and abilities or the PSA’s recruitment by or enrollment in an NCAA institution. This definition includes, but is not limited to, parents, legal guardians, handlers, personal trainers and coaches. An individual who meets the definition of an IAWP retains such status throughout the involved PSA’s recruitment and enrollment at any secondary and/or NCAA institution.
Question No. 3: What is the primary consideration in determining whether a donation to a nonprofit foundation is permissible?
Answer: The primary consideration is to identify the individuals or entities that receive financial benefits from the nonprofit foundation. The fact that an IAWP is tied to a nonprofit foundation does not necessarily preclude the donation.
Question No. 4: What is included in the prohibition on donations to nonprofit foundations that expend funds for the benefit of a nonscholastic team, a PSA or an IAWP?
Answer: The prohibition includes, but is not limited to, the donation of items to a nonprofit foundation, attendance at an event (e.g., coaches clinic) if a nonprofit foundation derives a financial benefit from the fact that an NCAA Division I coach is present or coaches using personal funds to make a donation to a nonprofit foundation.

Example: An institution’s men’s basketball coach has been asked to speak at a coaches clinic being conducted by a nonprofit organization that was founded by the coach of a nonscholastic men’s basketball team comprised of prospect-aged individuals. The money raised from the coaches clinic will help fund a facility that hosts prospect-aged and non-prospect-aged athletics events, as well as fund the founder’s nonscholastic team. Is it permissible for the institution’s men’s basketball coach to donate his time to speak at the coaches clinic?

Answer: No. A coach may not attend an event (e.g., coaches clinic) conducted or sponsored by a nonprofit foundation if the foundation derives a financial benefit from the Division I coach being present.

Question No. 5: What factors should be considered when reviewing a donation by a representative of the institution’s athletics interests to a nonprofit foundation?
Answer: The institution should consider whether the entity or individual is located in the community in which the representative of the institution’s athletics interests resides, whether the representative of the institution’s athletics interests is acting independently of the institution’s recruiting interests, whether the funds are distributed through established channels in place for the nonprofit foundation conducting the fundraising activity and whether the funds are earmarked directly for any specific PSA.
Question No. 6: Will any donation by a representative of the institution’s athletics interests that benefits a proscribed individual or entity outside of the representative’s local community be presumed to be a violation?
Answer: Yes.
Question No. 7: Is the specific money trail followed to determine whether the donation to a nonprofit foundation benefits a nonscholastic team, a PSA or an IAWP?
Answer: No. If a men’s basketball staff member provides a donation to a nonprofit foundation and funds from that nonprofit foundation benefit a nonscholastic team, a PSA or an IAWP, a violation is deemed to occur, regardless of how the donation is used.
Question No. 8: A state’s association of basketball coaches (a nonpfrofit organization) is conducting a coaches clinic to raise funds for the state coaches association. Is it permissible for an institution’s men’s basketball coach to attend the clinic?
Answer: Yes, provided the state’s association of basketball coaches does not provide financial benefits to a nonscholastic team, a specific PSA(s) or any one specific IAWP.
Question No. 9: May an institution’s men’s basketball coach donate to a nonathletics organization that provides benefits for prospective student-athletes and nonprospective student-athletes (e.g., the children of deceased first responders and military personnel)?
Answer: Yes. The legislation is not intended to preclude an institution’s men’s basketball coach from donating to a nonathletically related entity that consists of prospects and nonprospects, provided the entity does not earmark or expend funds for the benefit of a nonscholastic basketball team or teams, a specific prospect or prospects or an IAWP.
Question No. 10: What is the annual disclosure requirement?
Answer: Men’s basketball staff members are required, on an annual basis, to affirm that no personal or institutional funds were donated to or solicited for a proscribed nonprofit foundation. This disclosure is subject to Bylaw 10.1, and the form is publicly available on the NCAA website with Division I Compliance Forms.
Question No. 11: What is the penalty if a coaching staff member makes a donation to a proscribed nonprofit foundation?
Answer: The NCAA Division I Board of Directors endorsed and strongly encouraged the use of suspensions of a head men’s basketball and/or assistant men’s basketball coach from coaching in NCAA tournament or regular season games for violations of the legislation.
Question No. 12: What is the impact on a student-athlete’s eligibility if a coaching staff member makes an impermissible donation to a nonprofit foundation?
Answer: Any resulting violation is only an institutional violation and does not affect the eligibility of the involved PSA(s). However, per Bylaw 13.15.1.11, if a violation of Bylaw 13.15.1 occurs in which a men’s basketball staff member or a representative of the institution’s athletics interests is involved in any way in the operation or planning of a boys’/men’s basketball nonscholastic event on its campus, the institution shall declare each involved PSA ineligible.
Question No. 13: What are best practices in identifying and analyzing donations to nonprofit foundations?
Answer: The institution should conduct an inquiry regarding the nonprofit foundation if an IAWP is involved (e.g., founder, board of directors, etc.) with the nonprofit foundation, the nonprofit foundation is affiliated with or supports a nonscholastic basketball team, or an IAWP asked the institution or a men’s basketball coaching staff member to make a donation to the nonprofit foundation.
[References: NCAA Division I Bylaws 10.1 (unethical conduct), 13.02.17 (individual associated with a prospective student-athlete — men’s basketball), 13.2.1 (offers and inducements — general regulation), 13.15.1 (precollege expenses — prohibited expenses), 13.15.1.10 (donation to nonprofit foundation — men’s basketball), 13.15.1.11 (notification of ineligibility and consequences — men’s basketball), staff interpretation (12/18/2009, Item c) and educational columns (2/8/2010 and 10/27/2011)]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference