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

Daily Compliance Item- 4.21.15- 17.1.7.2- Out of Season Workouts and Final Exams

The Volleyball coaches at Ocean State University are finalizing their conditioning and skill instruction  schedules for the remainder of the spring semester.  If none of the student-athletes have final exams on Wednesday of exam week, is it permissible to conduct skill instruction sessions on that day?
No.  NCAA Bylaw 17.1.7.2 states that in
(a) Sports Other Than Football.  Outside of the playing season, from the institution’s first day of classes of the academic year or September 15, whichever occurs earlier, to one week prior to the beginning of the institution’s final examination period at the conclusion of the academic year, only a student-athlete’s participation in required weight training, conditioning and skill-related instruction shall be permitted.  A student-athlete’s participation in such activities per Bylaw 17.02.1 shall be limited to a maximum of eight hours per week with not more than two hours per week spent on skill-related workouts.  All countable related activities outside the playing season are prohibited one week prior to the beginning of the final examination period for the applicable academic term through the conclusion of each student-athlete’s final exams (Revised:  4/27/06 effective 8/1/06, 9/22/06)
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.20.15- 12.5.2.1- Student-Athlete Opinions on Commercial Products

Every year, the Ocean State University sports communication staff conducts a poll of its senior student-athletes.  Included in the poll are questions regarding their favorite restaurant and clothing line.  Is it permissible to include these commercial establishment/product questions in the poll?
Yes with conditions.  NCAA Official Interpretation- 4/20/15- Student-Athlete Providing Opinions on a Commercial Product or Service (I)- states that a student-athlete may provide an opinion about a commercial product or service, as long as no individual associated in any manner with the commercial product or service is involved in directing the student-athlete to issue the opinion, and the student-athlete does not receive any benefits from any source in conjunction with his or her opinion.
[References: NCAA Division I Bylaw 12.5.2.1 (advertisements and promotions after becoming a student-athlete) and a staff interpretation (02/20/2015, Item Ref. c, which has been archived)]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.17.15- 15.2.8, 17.1.7.2.1.5.1- Use of SAF and Summer Athletic Activities

The men’s basketball coaches at Ocean State University (OSU) are finalizing preparations for their team’s summer athletics activities.  Three of the student-athletes meet the academic exceptions and will not enroll in summer school.  
OSU would like to use SAF to pay for those three student-athletes’ meals and lodging costs.  Is that permissible?
Yes as long as that use of the fund conforms with their institutional and conference policies.
NCAA Educational Column- 6/27/14 (updated 4/15/15)- NCAA Division I Basketball Summer Athletic Activities (I)- the following questions and answers help clarify issues surrounding required summer athletics activities.
Editor’s Note:  This educational column was updated April 15, 2015, with the addition of Question Nos. 26 and 27 to provide additional clarification to the membership.  The original posting date was kept for ease of reference.
The following questions and answers are intended to assist the membership in applying NCAA Division I legislation as it relates to summer athletics activities in basketball.
Question No. 1: Is there a limit on the number of student-athletes who may participate in skill-related instruction as part of the required summer athletics activities?
Answer: No.
Question No. 2: May an institution declare a new definition of its “week,” or is it required to use the week it used during the academic year?
Answer: The institution may declare a new definition of its “week” for the summer.
Question No. 3: May the eight weeks of required summer athletics activities be determined on an individual basis?
Answer: Yes.
Question No. 4: Is it permissible to conduct required summer athletics activities during the week before finals and the final exam period of the summer term(s)?
Answer: Yes.
Question No. 5: May coaches be present during and/or conduct weight training and conditioning activities that are part of the eight hours per week of required summer athletics activities?
Answer: Yes.
Question No. 6: If an institution has multiple summer sessions, do the eight weeks of required summer athletics activities have to be continuous?
Answer: No. The eight weeks do not have to be consecutive or continuous. However, unless a student-athlete meets the exception to the summer school requirement, workouts are only permissible during the time period (term or terms) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for each applicable term.
Question No. 7: Are there exceptions for the service academies for situations in which their student-athletes are assigned to summer work at a location (e.g., military base) that is separate from the service academy? May the coaching staff conduct workouts with those student-athletes assigned to another area of the country?
Answer: If a student-athlete is enrolled in a summer school session, or meeting an exception to the enrollment requirement, it is permissible for the coaching staff to conduct workouts at the assigned location.
Question No. 8: When may an institution begin to conduct summer athletics activities with its men’s or women’s basketball student-athletes? When must summer athletics activities end?
Answer: Summer athletics activities may begin the day following the institution’s spring commencement exercises. Summer athletics activities must end before the first day of classes for the fall term. Note that unless a student-athlete meets the exception to the summer school requirement, workouts are only permissible during the time period (term or terms) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for each applicable term.
Question No. 9: Must incoming student-athletes (freshmen and transfers) sign the drug-testing consent form before participating in required summer athletics activities?
Answer: No. Summer drug testing is part of the previous academic year testing.
Question No. 10: Must an incoming student-athlete be certified as eligible to practice in order to participate in required summer athletics activities?
Answer: No.
Question No. 11: Are institutions required to provide student-athletes any days off during the eight weeks in which they are participating in required summer athletics activities?
Answer: No. There is no requirement to provide a day (or days) off during the eight weeks of required activities. However, student-athletes are limited to a maximum of eight hours per week, with not more than two hours per week spent on skill-related instruction.
Question No. 12: May an institution conduct required summer athletics activities on a vacation day during the summer?
Answer: Yes. However, the activities must count toward the eight hours per week limitation and any skill instruction must also count toward the week’s permissible two hours of skill instruction.
Question No. 13: May student-athletes participate in unlimited hours of countable activities with their coaches during an institutional vacation period (e.g., Memorial Day, Independence Day) while engaging in required summer athletics activities?
Answer: No, a student-athlete engaging in required summer athletics activities is limited to a maximum of eight hours per week with not more than two hours per week spent on skill-related instruction.
Question No. 14: May an institution publicize its skill-related instruction sessions or conduct them in view of a general public audience?
Answer: No. The general prohibition on publicizing and conducting skill-related instruction in view of a general public audience applies to the skill-related instruction that is conducted as part of summer athletic activities.
Question No. 15: May an institution conduct a skill-related instruction session during an institutional camp or clinic with the campers as an audience?
Answer: No. The campers would constitute a general public audience.
Question No. 16: May a student-athlete who has been certified as a nonqualifier participate in required summer athletics activities during the summer prior to initial full time enrollment at the certifying institution?
Answer: Yes, provided he or she is enrolled in summer school and the activities are conducted during the time period (term or terms) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for each applicable term.
Question No. 17: If a student-athlete was certified as a nonqualifier during the academic year, when may he or she begin to engage in required summer athletics activities after the year in residence?
Answer: Such a student-athlete may begin to participate in required summer athletics activities the day following the institution’s spring commencement exercises, provided the student-athlete is enrolled in summer school or meets the exception to summer school enrollment.
Question No. 18: Does a student-athlete’s temporary certification period begin when he or she starts participating in required summer athletics activities?
Answer: No.
Question No. 19: May a student-athlete who is enrolled in consecutive summer school sessions during the same summer (e.g., the first and second summer school sessions) engage in required summer athletics activities during the time between sessions?
Answer: Only student-athletes who met the exception to summer-school enrollment at the end of the preceding regular academic term (e.g., spring semester, spring quarter) may engage in required summer athletics activities between terms.
Question No. 20: How does the required summer athletics activities legislation apply to an institution that offers only one summer session and the session lasts less than eight weeks?
Answer: Prospective student-athletes (freshmen or transfers) are only permitted to participate in required athletics activities during the time period (term) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for the term. Continuing student-athletes would be subject to the same application as prospective student-athletes unless they meet the appropriate provisions of the exception to summer school enrollment. A continuing student who meets the exception may continue to engage in any remaining portion of the eight weeks of required summer activities until the day before the first day of classes for the fall term.
Question No. 21: May coursework from an early summer school session (e.g., first four-week session) from that same summer be considered when determining whether a student-athlete is meeting the exception to the summer school requirement for the remaining weeks of the required summer athletics activities?
Answer: No. In order to meet the exception to summer school enrollment, the student-athlete must have successfully completed the applicable academic requirements by the end of the preceding regular academic term (e.g., spring semester, spring quarter).
Question No. 22: May remedial, tutorial or noncredit courses be used to satisfy the requirements of the exception to summer school enrollment?
Answer: Yes, provided such courses meet the requirements of NCAA Bylaw 14.4.3.4.4.
Question No. 23: Must a student-athlete who has just completed four semesters or six quarters have declared a degree program (and have completed 50 percent of the program) in order to meet the exception to summer school enrollment?
Answer: No. Pursuant to Bylaw 14.4.3.1.7, a student-athlete must designate a degree program prior to participation in competition that occurs during or immediately before the third year of enrollment. Further, pursuant to Bylaw 14.4.3.1.7, during the first two years of enrollment, a student-athlete may use credits acceptable toward any of the institution’s degree programs. Therefore, a student-athlete may fulfill the 50 percent requirement based on credits acceptable toward any of the institution’s degree programs.
Question No. 24: May an institution provide room and board to returning student-athletes to participate in required summer athletics activities if the individuals are not enrolled in summer school?
Answer: No. It is not permissible to provide room and board to student-athletes who are not enrolled in summer school. Room and board may be provided, pursuant to Bylaw 15.2.8, to student-athletes who are enrolled in summer school.
Question No. 25: May an institution provide training table meals to student-athletes who are participating in required summer athletics activities?
Answer: No.
Question No. 26:May an institution provide meals incidental to participation to student-athletes who are participating in required summer athletics activities?
Answer:Yes.  However, institutions should note meals incidental to participation should not be used as a replacement for room and board for student-athletes who are not enrolled in summer school or otherwise not receiving room and board as part of their summer financial aid award and may only be provided during the period in which student-athletes are engaged in required summer athletics activities.  Snacks may continue to be provided at any time.
Question: 27:  May an institution use the Student Assistance Fund to provide meals and lodging to student-athletes who are participating in required summer athletics activities, but are not enrolled in summer school because they meet the academic requirements exception?
Answer:Yes, provided institutional and conference policies related to the use of the Student Assistance Fund allow the fund to be used for such purposes.
Question No. 28: Is it permissible to provide entertainment to student-athletes who are participating in required summer athletics activities?
Answer: No. Bylaw 16.7.1 does not apply to summer athletics activities.
Question No. 29: Does participation in summer athletics activities trigger transfer status pursuant to Bylaw 14.5.2?
Answer: No, participation in summer athletics activities does not trigger transfer status.
Question No. 30: Is it permissible for a student-athlete to engage, either concurrently or separately, in both required summer activities in basketball and permissible practices for a foreign tour?
Answer: Yes, provided the student-athlete is eligible to participate in both activities. However, if a student-athlete is only eligible for either the foreign tour or the required summer activities in basketball, he may only engage in the activity for which he is eligible.
Question No. 31: May a male student participate in summer athletics activities with women’s basketball student-athletes?
Answer: Yes, provided he is enrolled in summer school, or meets the academic requirements exception to enrollment. The institution may not provide financial assistance (room and board, tuition and fees, and books) in return for his participation. Further, a male student who is receiving financial aid or any compensation for serving in any position in the athletics department is not permitted to participate.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference