Daily Compliance Item- 4.16.15- Current Event

Sullivan | Everybody out of the pool at WKU

There is no happy medium with hazing. There is not one line that can be crossed with impunity and another ringed with barbed wire and guard towers.
All of it is objectionable. All of it is degrading. All of it warrants the harsh rebukes and stinging sanctionsWestern Kentucky University has delivered to its swimming and diving teams.
Faced with evidence of hazing, sexual assault and sexual harassment, and an investigation that concluded coach Bruce Marchionda had been aware of the “pervasive culture” for several years, WKU President Gary Ransdell dropped a neutron bomb on the Bill Powell Natatorium on Tuesday: a five-year suspension of the entire program.
Short of dropping the sport permanently, the five-year suspension represents one of the most thorough housecleanings in the history of college athletics. SMU football, the last Division I program to receive the NCAA’s repeat-offender “death penalty,” was shut down for just two seasons, the second of its own volition. When San Francisco and Tulane voluntarily dropped their basketball programs in the 1980s, those self-imposed bans lasted three and four years, respectively.
WKU has set a precedent here and, also, a tone.
“I never heard of a suspension like that occurring in college athletics,” said Western New England law professor Erin Buzuvis, co-founder of the Title IX Blog. “I think it’s a sign of increased awareness, attention and focus on the problems of sexual assault and hazing.
“Without assessing the specific facts, I’m happy to see that universities are not shying away from situations when (stern) responses are warranted. I’m happy to see that, in the abstract, that’s on the table.”
The backlash has been predictable. Powell, the former coach for whom the natatorium is named, told the Bowling Green Daily News that the university’s decision amounted to “overkill.” Numerous complaints have been lodged on the speculative theory that a non-revenue sport was singled out for sanctions that would not be applied to football or men’s basketball. Others have complained that the innocent have been punished along with the guilty.
This much is a matter of interpretation. It’s not just the ringleaders who bear responsibility when initiation rites turn demeaning or dangerous; when binge drinking leads to lewd photographs of passed-out students or worse; when sharing a secret means complicity in a crime.
Anyone who allows such a culture to persist assumes some of the blame when things go bad.
No one wants to spoil the party. No one wants to turn on teammates after gaining their trust through group bonding. Still, any athlete who fails to see the lesson in the Western Kentucky case is not paying attention. The standards have been raised for campus conduct and the penalties are more permanent. If you want to behave like a barbarian now, you can put an entire program in peril.
Some of this is the product of a fear of liability in potential lawsuits. In those cases that involve sexually hostile environments, an offending institution can also run afoul of Title IX requirements and put its federal funding at risk. And when coaches and administrators are aware of issues of this nature and fail to act decisively, the repercussions can be severe, as Ohio State marching band director Jon Waters learned last summer.

“Greater liability is a risk when you don’t take action,” Buzuvis said. “(But) even above and apart from that, I think that shows if you’re concerned about student welfare and wellness, you have to make sure students aren’t doing things that are dangerous.”

Slippery Rock professor Brian Crow, one of the NCAA’s registered anti-hazing speakers, says part of the problem “is there’s a big disconnect between what constitutes hazing and what 19-year-olds think of as hazing.” A 2008 University of Maine study found that nine out of 10 students who had experienced hazing behavior in college did not consider themselves to have been hazed. In 95 percent of the cases in which a student identified an experience as hazing, they did not report it to campus officials.
Crow says warning athletes about the criminal penalties or civil actions that could result from hazing has less impact than the potential loss of eligibility, playing time or the cancellation of a season.
“This is often why victims go along with hazing,” he said. “They feel the suffering of hazing is probably not as bad as having their teammates get punished in that manner.”
Western Kentucky’s message is to speak up before it’s too late.
This article was selected for educational purposes only.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.15.15- 13.1.7, 13.11- Prospects Serving as Demonstrators

The football coaches at Ocean State University are conducting a coaches’ clinic this weekend.  They would like to use a few local high school students to serve as demonstrators.  Is this permissible?
No.  NCAA Staff Interpretation- 7/1/13- Prospective Student-Athletes used as Demonstrators at Coaches Clinics (I)- states that a prospective student-athlete is not permitted to serve as a demonstrator at a member institution’s coaches clinic. Further, a member institution’s coach who is presenting (e.g., lecturing, instructing, demonstrating) at a noninstitutional coaches clinic is not permitted to use prospective student-athletes as demonstrators. A member institution’s coach who observes a prospective student-athlete used as a demonstrator at a coach’s clinic must count the observation as an evaluation, and such observation is subject to all legislation governing observation of nonscholastic live athletics activities.
[References: NCAA Division I Bylaws 13.1.7 (limitations on number of evaluations), (limitations on number of evaluations — sports other than football and basketball), (limitations on number of evaluations — football), (limitations on number of evaluations — men’s basketball), (limitations on number of evaluations — women’s basketball), (coaches’ attendance at basketball events), (scholastic and nonscholastic activities – bowl subdivision football), 13.11 (tryouts) and 13.11.1 (prohibited activities) and a staff interpretation (10/20/10, Item No. a), which has been archived]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.14.15- Male Practice Players in the Summer

Ocean State University women’s basketball program has 5-6 male students that practiced with the team all year.  These male students have really helped the team, so the coaches would like the guys to practice with the team this summer as well.  Is this permissible?
Yes with conditions.  NCAA Interpretation- Staff Interpretation- 4/26/13-  Use of Male Students During Women’s Basketball Summer Athletic Activities (I) – states that  male students may participate in summer athletic activities with women’s basketball student-athletes, provided they are enrolled in summer school, or meet the academic requirements exception to enrollment, and are not receiving any form of financial assistance from the athletics department (e.g., compensation, financial aid).
  [References: NCAA Division I Bylaws 14.1.10 (eligibility requirements for male student to practice with women’s teams), (summer athletic activities — basketball) and (exception to summer school enrollment — academic requirements — basketball)]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.10.15- Current Event

Ohio State QB Braxton Miller broke NCAA rule with Instagram post

Ohio State quarterback Braxton Miller broke an NCAA rule last month with an Instagram post that was determined to be a promotion for Advocare nutritional supplements. Though he was technically ineligible while the matter was under consideration, his eligibility has been reinstated “without any conditions,” the school announced Thursday.
On March 24, a photograph was posted to Miller’s Instagram account showing Miller and Brandon Oshodin, who is owner of Authentik Fitness in Columbus, Ohio, seated at a table with an array of Advocare products. Oshodin was later identified as an Advocare dealer.
Miller, a two-time Big Ten offensive player of the year who missed all of last season after a shoulder injury, later deleted the post, but the school investigated. According to the statement, Ohio State reported the violation to the NCAA, which prohibits student athletes from promoting “a commercial product.”
“This was considered a minor violation and the matter is now closed,” the school’s statement said.
Earlier today, the twitter account for Ohio State’s athletic compliance department (@OSUCompliance) tweeted: “Student-athletes may not endorse or promote (in any manner) businesses and/or their products or services. #ProtectYourEligibility”
Miller is part of a three-way quarterback competition for the Buckeyes, who won the College Football Playoff national championship in January.
This article was selected for educational purposes only.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.9.15- 17.1.5- Physical Exam

One N. One is a prospective student-athlete who signed a National Letter of Intent to play basketball at Ocean State University (OSU) next year.  One is going to enroll in summer school and participate in the summer activities with the team.  Does One have to have a physical exam prior to participating in the summer activities or can he wait to have one at the start of the fall 2015 semester?
One must have a physical exam prior to participating in any summer activities.  NCAA Bylaw 17.1.5 states that prior to participation in any practice, competition or out-of-season conditioning activities (or in Division I, permissible voluntary summer conditioning in basketball and football or voluntary individual workouts pursuant to the safety exception), student-athletes who are beginning their initial season of eligibility and students who are trying out for a team shall be required to undergo a medical examination or evaluation administered or supervised by a physician (e.g., family physician, team physician).  The examination or evaluation must be administered within six months prior to participation in any practice, competition or out-of-season conditioning activities.  In following years, an updated history of the student-athlete’s medical condition shall be administered by an institutional medical staff member (e.g., sports medicine staff, team physician) to determine if additional examinations (e.g., physical, cardiovascular, neurological) are required.  The updated history must be administered within six months prior to the student-athlete’s participation in any practice, competition or out-of-season conditioning activities for the applicable academic year.  (Adopted:  1/8/07 effective 5/1/07, Revised:  8/5/08)
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.8.15- 17.1.8- Make Up Contests

The Ocean State University baseball team has two non-conference makeup games to play due to the severe weather conditions that occurred last month.  The team will be participating in its conference tournament next month, which ends the playing season.  Can the baseball team play the two makeup games after its playing season is over?
  No.  NCAA Bylaw 17.1.8(a) states that an institution is not permitted to extend the playing season to make up suspended or canceled games (including games that determine a conference champion or the automatic qualifier to the NCAA championship).
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- Out of Season Workouts

Several Ocean State University men’s basketball student-athletes will participate in out of season skill instruction over the next few weeks with the coaches.  The sports information director always receives questions regarding workout schedules, so he decided to send a press release to local media regarding dates of individual skill instruction and media interview opportunities.
Is this a violation?
Yes.  NCAA Bylaw states that participation by student-athletes in skill-related instruction in sports other than baseball and football is permitted outside the institution’s declared 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 [see Bylaw].  More than four student-athletes from the team may be involved in skill-related instruction with their coaches from September 15 through April 15.  Prior to September 15 and after April 15, not more than four student-athletes from the same team may be involved in skill-related instruction with their coaches at any one time in any facility.  Skill-related instruction shall not be publicized and shall not be conducted in view of a general public audience.  
  This is an actual fact pattern of a secondary rules violation posted on LSDBi.  The institution provided the sports information department further education on applicable NCAA legislation and a letter of admonishment was issued to involved staff member.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.6.15- Multi-Year Agreements

Dub L. Fault is a prospective student-athlete who signed a National Letter of intent (NLI) to play tennis for Ocean State University (OSU) next year.  The aid agreement that OSU provided Dub with the NLI was as follows:
2015-16- 75%
2016-17- 75%
2017-18- 0%
2018-19- 100%
Is this a permissible aid agreement?
Yes.  NCAA Educational Column- 4/3/15- Multi-year Financial Aid Agreements (I)- states that with the adoption of NCAA Proposal Nos. 2014-13 (as amended by Proposal No. 2014-13-1) and 2014-14, the membership has raised additional questions regarding multi-year agreements. While the January 24, 2012, question and answer column regarding the multi-year agreement legislation remains an important resource, the following is intended to provide additional clarification for the membership.
Question No. 1: How is the period of award for a multi-year agreement defined?
Answer: The period of award for a financial aid agreement begins in the academic year in which aid is first provided and ends once the agreement no longer specifies that it will provide athletically related financial aid for additional academic terms or years. The following examples are intended to illustrate the period of award for various financial aid awards:

1) Scenario: Provides a 50-percent equivalency for the first academic year and no athletically related financial aid for the second and third academic years.

Analysis: One academic year. The agreement is a one-year financial aid agreement for the student-athlete’s first academic year at the certifying institution and would need to be renewed or not renewed after the initial year.

2) Scenario: Provides no athletically related financial aid for the first academic year and a 50-percent equivalency for the second and third academic years.

Analysis: Two academic years. The agreement is a two-year financial aid agreement that does not begin until the student-athlete’s second academic year of enrollment at the certifying institution. Note that because no athletics aid was provided in the initial year of enrollment, this financial aid agreement would not validate an NLI.

3) Scenario: Provides a 50-percent equivalency for the first academic year, no athletically related financial aid for the second academic year and a 50-percent equivalency for the third academic year.

Analysis: Three academic years. The agreement is a three-year financial aid agreement that begins with the student-athlete’s first academic year at the certifying institution.

Question No. 2: Is it permissible to provide a student-athlete a temporary increase during the period of the award and return the student-athlete to the original award during the period of the award without the return to the original award being considered a reduction? For example, a student-athlete is awarded a three-year financial aid agreement for a 25-percent equivalency from athletics. At the start of the second term of the student-athlete’s first academic year, additional athletically related financial aid is available and the decision is made to award it to the student-athlete for that term only. After that term, the student-athlete will return to the 25-percent equivalency for the remainder of the period of award.
Answer: Yes, a temporary increase during the period of award may occur at any time during the period of award. However, at the time of renewal, the new financial aid agreement would be considered a reduction if it does not cover the same term (or remainder of the student-athlete’s eligibility) and does not average equal to or more than the average of the previous agreement, including any increases.
Question No. 3: Is it permissible to adjust a multiyear financial aid agreement to decrease in one academic year and increase in an equal value in a later academic year if the total equivalency provided equals or exceeds the value stated in the original financial aid agreement? For example, the original multiyear agreement provides a 25-percent equivalency per academic year for five academic years. Can the institution adjust the agreement to provide a 25-percent equivalency for the first three academic years, a 35-percent equivalency for the fourth academic year and a 15-percent equivalency for the fifth academic year?
Answer: The answer depends on the wording of the financial aid agreement. If, as in the example above, the agreement states that it provides a 25-percent equivalency per academic year for five academic years, then it is not permissible to reallocate the award in such a way that would result in the award for any academic year within the period of award to be less than a 25-percent equivalency, absent a renegotiation of the terms that results in an overall increase to the student-athlete. If, however, the financial aid agreement specifies that it provides an average of a 25-percent equivalency over five academic years, then the reallocation described above would be permitted as long as the student-athlete receives an average of at least 25-percent of an equivalency over the five-year period of the award. As a best practice, institutions that offer awards that specify
an average amount of athletics aid to be provided over multiple academic years are encouraged to notify the student-athlete of the specific equivalency he or she will receive for the upcoming academic year not later than legislated date for providing student-athletes with renewal notifications.
Question No. 4: May a one-year agreement be extended prior to the end of the agreement to make it a multi-year agreement?
Answer: Yes, but the terms of the agreement depend on whether the student-athlete’s agreement is subject to the new NCAA Bylaw If it isnot subject to the new Bylaw, the agreement must maintain the terms of the single year agreement for that initial year, but may be for any amount for the subsequent years. If the existing agreement is subject to the new Bylaw, the new agreement cannot average any less than the amount received by the student-athlete under the single-year agreement. For example, a one-year agreement for 2015-16 for a 50-percent equivalency not subject to the new Bylaw could be extended post signing to a three-year award of 50-percent for 2015-16, 10-percent for 2016-17 and 10-percent for 2017-18 (or any other terms for 2016-17 and 2017-18). That same three-year agreement subject to the new Bylaw could be extended to 50-percent, 25-percent, 75-percent or 25-percent, 50-percent, 75-percent, but not less than any other term combination that averages to 50-percent over the new three-year period of the award.
[References: NCAA Division I Bylaws 15.02.7 (period of award), (hearing opportunity), (reduction of a multi-year award), 15.3.3 (period of institutional financial aid award), (period of award), (increase permitted), and (reduction or nonrenewal not permitted) (effective August 1, 2015)]
Notice about Educational Columns: Educational columns and hot topics are intended to assist the membership with the correct application of legislation and/or interpretations by providing clarifications, reminders and examples. They are based on legislation and official and staff interpretations applicable at the time of publication. Therefore, educational columns and hot topics are binding to the extent that the legislation and interpretations on which they are based remain applicable. Educational columns are posted on a regular basis to address a variety of issues and hot topics are posted as necessary in order to address timely issues.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.3.15- Current Event

I was so happy to find such a great article on this Good Friday.  Happy Easter everyone!!!!

Furman catcher Jake Kinsley donates life to stranger

Three years had passed. Jake Kinsley had forgotten all about it.

During his freshman year at Furman University, Kinsley participated in a bone marrow donor drive to aid a relative of a Furman tennis coach. Kinsley, a native of Manhasset, New York, submitted his information to Be The Match, a national marrow donor program.

He was not a match. His name remained in the Be The Match registry, but he did not hear back from the donor program, except for occasional generic marketing emails.

“I’d throw it right in the junk mail box,” said Kinsley, now a senior catcher on the Furman baseball team. “I was thinking it would never come up again.”

Kinsley’s assumption held until this winter, when a peculiar number popped up on his cell phone. It was from Be The Match.

“They were saying I’ve been identified as a possible match for a mother with leukemia,” Kinsley said. “It’s not something I thought about, really, but when the opportunity presented itself, it was one I was more than happy to take advantage of.”

Amid winter workouts, Kinsley underwent the preliminary tests and screenings. In February, he received another call. He no longer was classified as a possible match.

He was a perfect match.

“For someone to be a perfect match, you’re looking for that needle in a haystack.”Ashley Collier

“It is very rare to even be called as a potential match. That’s like only one in 70,000,” said Ashley Collier, the Be The Match South Carolina community engagement representative. “For someone to be a perfect match, you’re looking for that needle in a haystack.”

According to Collier, a bone marrow transplant is many patients’ last chance to defeat cancer.

“The chemotherapy is not going to work anymore. There’s no more going into remission. This is it,” Collier said. “For a patient, that may be their only match. There may not be other options, and that could mean their life.”

Grasping the gravity of the opportunity, Kinsley did not mind that being the needle in the haystack required him to take several needles in the arm.

“I didn’t think twice about it when given the offer,” Kinsley said. “Just knowing that it’s that important to that person and you’re able to help them even if you don’t know them.”

Kinsley will undergo the transplant procedure next week. He will be forced to sit out of Furman’s game at Clemson University on Tuesday.

“ I didn’t think twice about it when given the offer.”Jake Kinsley

“He’s going to miss probably close to a week of his senior year, the last year that he’s going to play baseball, and he loves baseball,” Furman coach Ron Smith said. “That’s an extraordinary sacrifice. In his eyes and our eyes, it’s well worth it, that one week compared to a lifetime for another person.”

Kinsley’s roommate, pitcher Matt Solter, said this sacrifice is a perfect match to Kinsley’s personality.

“He such a selfless kid, in every aspect of his life,” Solter said. “He doesn’t even want anybody thinking that what he’s doing is something super extraordinary, which it is. He mentioned it once, just to let me know what’s going on. Other than that, he hasn’t talked about it. He’s just a humble guy.”

Kinsley has started three games during his Furman career. He has compiled four hits through the past three seasons. Yet Smith asserted that statistics do not measure Kinsley’s impact on the team, campus and community.

Kinsley eagerly participates in the team’s service initiatives, including the Mauldin Miracle League and the annual Vs. Cancer Foundation fundraiser. Kinsley has been selected to the Southern Conference Academic Honor Roll while double-majoring in business administration and Chinese language studies. He already has accepted a post-graduation position with an investment bank in Atlanta.

“… There is a greater purpose out there, and I’m starting to see that now.”Jake Kinsley

“Jake embodies what you want in a student-athlete,” Smith said. “He’s very bright. He works very hard. He’s very unselfish. He gives of himself, which is unusual for some 18- to 22-year-olds. Now, for him to make this extraordinary sacrifice, it’s very special.”

Kinsley is not permitted to contact the recipient until a year after the transplant. He does not know where the patient lives or what stage of cancer she faces. He only hopes that his donation will allow her to live well beyond that contact date.

“I’m going to have to give up a little bit of what I love in baseball, but it’s all worth it, to help someone else out and give them another chance at life,” he said. “My mom and dad always say I’m not just playing sports to play sports. There is a greater purpose out there, and I’m starting to see that now.”

This article was selected for educational purposes only.

Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.2.15- Competing Unattached

Back Stroke is a men’s swimming student-athlete at Ocean State University (OSU).  Since OSU’s season is over, Back would like to swim in a few meets  as an unattached competitor.  Is this permissible?
Yes with conditions.  NCAA Bylaw states that it is permissible for a student-athlete to participate in outside competition as an individual during the academic year in the student-athlete’s sport, as long as the student-athlete represents only himself or herself in the competition and does not engage in such competition as a member of or receive expenses from an outside team.
NCAA Educational Column- 11/17/05- Competing Unattached in Individual Sports- provides a some clarification on what constitutes competing unattached:
Q:  Is it permissible for an institution to provide expenses (e.g., meals, entry fee, lodging) for a student-athlete to compete unattached, when that student-athlete is not representing the institution in competition (e.g., ineligible or “redshirting”)?
 A:  When a student-athlete competes unattached (i.e., competes as an individual, representing only himself or herself) in any competition, the institution may not provide any expenses to the participating student-athlete.  The student-athlete is considered to be representing the institution in outside competition when provided expenses from the institution.  This includes the institution providing transportation (e.g., individual riding on team bus to competition) to an unattached participant.
 Q:  May an unattached student-athlete wear the uniform of the institution?
 A:  No.  Wearing the uniform of the institution constitutes representation of the institution; therefore, the student-athlete, by rule, would not be considered to be competing unattached if he or she were wearing the institution’s uniform.  If the student-athlete triggers NCAA Bylaw 14.02.6 (intercollegiate competition), the student-athlete must be eligible to represent the institution in outside competition.
 Q:  Is the institution permitted to provide athletics training support prior to and after the match for student-athletes who are competing unattached?
 A:  No.  As a general rule, such expenses may not be provided by the institution when the student-athlete is competing unattached.  The provision of such services constitutes the receipt of expenses related to the competition.  If the trainer (or other service provider) has been designated by the competition host to provide services to all participants; however, such services may be provided to the unattached student-athletes.
 Q:  Is it permissible for institutional coaches to provide coaching and instruction to an unattached student-athlete during competition?
 A:  No.  A student-athlete who receives coaching or instruction (e.g., technique, comments related to performance, suggestions) from his or her coach while competing in an individual competition is considered to be representing the institution.  As a result, the student-athlete must be eligible to represent the institution and such participation would constitute the use of one of the four seasons of competition.  Further, institutional coaching staff members may not direct participating student-athletes to engage in coaching or instructional activities with student-athletes from the same institution who are competing unattached.  [Note:  A coaching staff member may engage in coaching activities with a student-athlete during the student-athlete’s participation in established national championship events (including junior national championships and Olympic, Pan American, World Championships, World Cup and World University Games qualifying competition.]
 Q:  Is it permissible for a sports club to provide expenses (e.g., travel, meals, lodging, uniform) to an individual competing unattached?
 A:  A student-athlete is permitted to receive actual and necessary expenses from an amateur team only when representing such a team in competition.  If a student-athlete receives expenses from a club team, he or she would be representing that club team, as opposed to being considered unattached.  It is important to note that in Division I sports other than basketball, a student-athlete may not represent an outside team (note exceptions in Bylaw in competition during the academic year, except during vacation periods outside of the declared playing and practice season.  In NCAA Divisions II and III, a student-athlete is permitted to represent an outside team at any time provided the competition takes place outside the declared playing and practice season.  Thus, if the student-athlete is competing unattached (i.e., not representing the institution or any other team), all expenses must be self-funded, unless an exception exists (e.g., national team competition).  Please note that Divisions I and II coaching staff members shall not be involved in any capacity, including coaching or as an administrator, during the academic year, with a club team that includes student-athletes from their own team.  In Division III, an institutional coaching staff member may not be involved with a wrestling club team that includes their own student-athletes at any time, including outside the academic year.  [Bylaws (Divisions I/II/III); 14.7.1 and (Divisions I/II); (Division I); and (Division II); and (Division III)].
 Q:  May an unattached student-athlete’s institutional affiliation be identified in any manner (e.g., in a program, by an announcer)?
A:  Identification of the unattached student-athlete’s institutional affiliation, in and of itself, does not constitute representation of the institution in intercollegiate competition; however, it is advisable that the unattached student-athlete’s participation is clearly defined as being independent of the institution in order to avoid any confusion related to the student-athlete’s participation.
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference