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

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