Daily Compliance Item- 12/30/15- 16.8.1.3, 16.8.2.2- Out-of-Season Conditioning Expenses

Which of the following expenses are permissible for an institution to provide during an out-of-season period?

A. Transportation to an aerobic/yoga class

B. Fees for an instructor for a conditioning/yoga class

C. Both A and B

D. Neither A or B

The answer is B. NCAA Bylaw 16.8.1.3 states that an institution may pay a fee related to the conduct of permissible in-season or out-of-season conditioning activities (e.g., fee for yoga instruction, fee related to a conditioning program). (See Bylaw 16.8.2.2.) (Adopted: 10/20/14)

NCAA Bylaw 16.8.2.2 states that an institution shall not provide expenses (e.g., travel, lodging, meals) to student-athletes in conjunction with permissible conditioning activities that may occur outside the playing season during the academic year. (Adopted: 10/20/14)

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.29.15- 14.4.3.5.2- AP Credits

True or False

Touch Back, a freshman football student-athlete at Ocean State University (OSU), earned 6 hours of advanced placement credit prior to enrolling at OSU in the fall. These credits do not have to be included when certifying Touch’s eligibility at the conclusion of the 2015-16 academic year?

True. However, if the credits are not used at the conclusion of the 2015-16 academic year, they cannot be used with any subsequent certifications.

NCAA Staff Interpretation- 3/28/14- Use of Advanced Placement Credit and Credit from Other Institutions to Meet Progress-Toward-Degree Requirements (I)– states that credits earned prior to initial full-time collegiate enrollment via advanced placement courses, examination and/or from another institution are not required to be used to satisfy the 24/36 credit-hour requirement and percentage of degree requirements (i.e., 40/60/80). However, if credits earned prior to initial full-time collegiate enrollment from either advanced placement courses, examination and/or from another institution are used to certify a progress-toward-degree requirement, the credits may not be excluded from subsequent certifications.

[References: NCAA Division I Bylaws 14.3.5.4 (advanced placement), 14.3.5.4.1 (international certification), 14.4.3.1 (fulfillment of credit-hour requirements), 14.4.3.2 (fulfillment of percentage of degree requirements), 14.4.3.4.2 (advanced-placement tests/credit by examination), 14.4.3.4.7 (credits from other institutions), and an official interpretation (10/01/03, Item No. 1)]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.28.15- Baseball Athletic Aid

Balk is a freshman baseball student-athlete that will be initially enrolling at Ocean State University (OSU) in January. OSU has room in its team equivalencies and would like to provide Balk with athletic aid. Since he is enrolling midyear, does OSU have to provide him with a minimum of 25%?

Yes. NCAA Bylaw 15.5.4.1 states that an institution shall provide each counter athletically related and other countable financial aid that is equal to or greater than 25 percent of an equivalency. (Adopted: 4/26/07 effective 8/1/08 for student-athletes who initially enroll full time at any four-year collegiate institution on or after 8/1/08, Revised: 8/9/07)

NCAA Educational Column- 12/12/12- Baseball Academic Enhancements Frequently Asked Questions (I)– states that in 2007 and 2008, several proposals were adopted with the intent of enhancing the academic success of baseball student-athletes. These included:

•A requirement that baseball student-athletes be eligible for all competition at the time of enrollment in each fall term and cannot “get well” academically through performance in the fall term;

•A requirement that four-year college baseball transfer student-athletes complete one academic year in residence at the certifying institution before becoming eligible to compete, absent meeting an exception other than the one-time transfer exception;

•Limiting the baseball roster to 35 student-athletes, the awarding of equivalencies to 27 counters annually and requiring each counter to receive at least a 25-percent equivalency; and

•Requiring teams that historically underperform academically to reduce their contests and their playing season.

Since 2008, several additional proposals have been adopted that affect the application of several of these provisions. These include:

•In all sports,
_______________________________________________________________________________________________

•Clarifying that the 18-semeseter/27-quarter hour requirement results in a midyear certification only after a midyear enrollee’s first year in residence and that certification for later years occurs at the start of each fall;
•Creating a nonrecruited student exception to the one-time transfer exception for those sports where the one-time transfer exception is generally not applicable; and
•An NCAA Division I Academic Progress Rate penalty structure that eliminated sport-specific penalties.

________________________________________________________________________________________________

•In baseball, an exception to the 25-percent minimum equivalency value for a student-athlete in the final year of eligibility, provided the student-athlete has not previously received athletically related aid in baseball.

The following questions are intended to assist the membership relative to the current application of the baseball enhancement legislation.

Question No. 1: May an institution that obtains grades from coursework completed over the summer term certify the student-athlete eligible if the grades for the courses are not available until after the beginning of the fall term?

Answer: Yes, NCAA rules related to the timing of certification apply to baseball in the same way they do for other sports (e.g., incomplete grades, late arriving grades).

Question No. 2: May a student-athlete who initially enrolls full time at a Division I institution midyear be immediately eligible?

Answer: A freshman who graduates from high school early and enrolls midyear (or an individual who delays initial collegiate enrollment) may compete in his first spring, provided he satisfies the initial-eligibility standards (i.e., academic and amateur status). Institutions that have continuing student-athletes who initially enroll midyear will be required to certify the appropriate NCAA progress-toward-degree rules at the appropriate time, even if this occurs midyear.

Question No. 3: Does the grade-point average requirement have to be certified at midyear?

Answer: Yes, progress-toward-degree requirements specify that each student-athlete’s grade-point average shall be certified after each term, beginning with the second year of enrollment.

Question No. 4: May a baseball two-year college transfer or 4-2-4 transfer student-athlete transfer midyear and be immediately eligible at the new institution?

Answer: No, a midyear transfer is specifically excluded from being eligible for competition immediately. Such transfers may practice and be provided athletics financial aid, provided they meet applicable transfer requirements. However, the student-athlete will count in the overall counter limit, the financial aid will apply toward the 11.7 team limit and the student-athlete will count toward the 35-person varsity-squad size limit.

Question No. 5: May a 4-2-4 transfer student-athlete be eligible for the spring season if he was not meeting the applicable transfer requirements at the time of transfer?

Answer: Yes, if the one-year time-lapse requirement is the only requirement that the student-athlete was not meeting.

Question No. 6: May a baseball student-athlete who has not previously received athletics aid transfer and use the one-time transfer exception?

Answer: No. All transfer student-athletes who wish to compete in baseball must satisfy the year in residence at the new institution unless they are eligible to use another exception to the transfer residence requirement (e.g., nonrecruited student exception, two-year nonparticipation, minimal participation exception). However, a baseball student-athlete who was not recruited by the original four-year institution and has never received athletics aid from any four-year institution may use the one-time transfer exception, provided all of the conditions are met. (See NCAA Bylaw 14.5.5.2.10.2.)

Question No. 7: Does a baseball student-athlete who is a counter continue to count against the institution’s limit on the number of counters if that student-athlete quits the team?

Answer: Yes, unless an exception is satisfied, once a student-athlete becomes a counter, he will remain a counter for the entire academic year.

Question No. 8: If a baseball student-athlete on athletics aid enrolls midyear, does he have to receive 25-percent equivalency for the spring term or must he receive an amount that would have equated to 25-percent equivalency for the entire year?

Answer: An institution must provide a baseball student-athlete who enrolls midyear and receives athletics aid with a minimum 25-percent equivalency for that spring term, which would result in a minimum 12.5-percent equivalency for the academic year.

Question No. 9: If athletically related financial aid is awarded to a student-athlete for the first time after the beginning of the fall term (e.g., six weeks after classes begin), must the student-athlete receive athletically related and other countable aid that is equal to or greater than 25 percent of an equivalency or may the aid be prorated to meet the minimum requirement?

Answer: The financial aid may be prorated to meet the minimum requirement. At the point the aid is awarded, a combination of athletically related and other countable aid must cover at least 25 percent of the student-athlete’s costs of tuition and fees, room, board and books for the remainder of the academic year.

Question No. 10: May the minimum financial aid percentage consist of both athletics and nonathletics countable aid?

Answer: Yes. All financial aid that counts toward the sport’s maximum institutional grant-in-aid limitation is included when determining whether a counter’s financial aid satisfies the minimum equivalency value legislation.

Question No. 11: May an institutional scholarship that could otherwise be exempted from a student-athlete’s equivalency computation as an academic honor award count toward the minimum 25 percent of an equivalency?

Answer: Institutional financial aid that could otherwise be exempted from an institution’s equivalency computation (e.g., academic honor awards) may be used to meet an individual student-athlete’s minimum equivalency value, provided the aid is also counted toward the maximum institutional grant-in-aid limitation. In such cases, the full amount of the award must count toward the individual student-athlete’s equivalency and the institutional grant-in-aid limitation.

Question No. 12: An institution that awards aid based solely on demonstrated financial need awards need-based aid to a student-athlete, but athletics intercedes in the financial aid and admissions process. Is the financial aid provided to the student-athlete required to be awarded at a level of 25-percent equivalency?

Answer: No. There is an exception to the minimum 25 percent equivalency for an institution that awards aid based solely on demonstrated financial need, even if athletics intercedes on behalf of the student-athlete to assist in obtaining the aid.

Question No. 13: May the exception to the 25-percent minimum equivalency value for student-athletes who are in their final year of eligibility and have not previously received athletically related financial aid in baseball be applied to a student-athlete who has previously received athletics aid in baseball at another institution?

Answer: No. The student-athlete must have never received baseball athletics aid at any institution in order to qualify for the exception.

Question No. 14: May the exception to the 25-percent minimum equivalency value for a student-athlete who is in his final year of eligibility and has not previously received athletically related financial aid in baseball be applied to a student-athlete who has previously received athletics aid in a sport other than baseball, either at another institution or at the certifying institution?

Answer: Yes. A student-athlete who has never received baseball athletics aid at any institution qualifies for the exception.

Question No. 15: When must the baseball varsity squad be finalized?

Answer: The varsity squad must be finalized by the day prior to the institution’s first scheduled baseball contest in the championship segment.

Question No. 16: Are there exceptions or replacements to the varsity-squad size limit for injured student-athletes or student-athletes who quit after the varsity-roster limit is established?

Answer: No.

Question No. 17: Does the varsity-squad size limit eliminate subvarsity teams?

Answer: No; however, once the varsity squad is set, a student-athlete on that roster shall not compete with a subvarsity team and a student-athlete on the subvarsity roster shall not compete with the varsity team.

Question No. 18: If a student-athlete is a counter, must he be included in the 35-person varsity-squad limit?

Answer: Yes.

Question No. 19: A student-athlete enrolls in the fall and receives athletically related financial aid. In December, the student-athlete decides to transfer. Must this student-athlete count toward the varsity-squad size limit?

Answer: Yes. A student-athlete who is counter must be included in the varsity-squad limit. In addition, a student-athlete who becomes a counter at any point in the academic year remains a counter for the entire academic year, even if he transfers or withdraws from the institution.

Question No. 20: A student-athlete enrolls in the fall, participates in baseball and receives athletically related financial aid. In January, the student-athlete is injured to an extent that he will not participate for the remainder of the year. Must this student-athlete count toward the varsity-squad size limit?

Answer: Yes. A student-athlete who is counter must be included in the varsity-squad limit. In addition, a student-athlete who becomes a counter at any point in the academic year remains a counter for the entire academic year, even if he will not participate in the spring season.

Question No. 21: May an institution declare fewer than 35 student-athletes toward the varsity-squad size limitation as of the day prior to its first scheduled contest in the championship segment of the playing and practice season and add additional student-athletes later?

Answer: Yes. Note, however, that any student-athlete who is a counter for financial aid purposes must count toward the varsity-squad size limit. In addition, any student-athlete who participates in countable athletically activities with a subvarsity team after the initial declaration may not be added to the varsity squad for that academic year.

Question No. 22: If a student-athlete is not included in the 35-person varsity-squad size limit, must he be listed as “cut” on the baseball squad-list form?

Answer: No. The varsity-squad size limit is separate from the squad-list form. A student-athlete who is not part of the 35-person varsity-squad size limit may continue to be listed on the squad-list form as a current student-athlete. This will be the case for institutions that have subvarsity squads.

[References: Bylaws 14.4.3.1 (credit-hour requirements), 14.4.3.1.3.1 (regaining eligibility exception — baseball), 14.4.3.1.4.1 (application of 18/27 hour requirement to midyear enrollee), 14.4.3.1.4.2 (additional application — baseball), 14.4.3.1.5 (additional application of six-hour and transfer rules — baseball), 14.4.3.2.3.1 (percentage of degree timing of certification exception — baseball), 14.4.3.3.2.1 (grade-point average timing of certification exception — baseball), 14.5.4.1.1 (qualifier two-year transfer baseball and basketball — midyear enrollee), 14.5.4.2.5 (not a qualifier two-year transfer baseball and basketball — midyear enrollee), 14.5.5.2.10 (one-time transfer exception), 14.5.5.2.10.2 (nonrecruited student), 14.5.5.5 (four year transfer baseball and basketball — midyear enrollee), 14.5.6 (4-2-4 college transfers), 14.5.6.4 (4-2-4 transfer baseball and basketball midyear enrollee), 14.5.6.5 (calendar-year time lapse), 15.5.4 (baseball limitations), 15.5.4.1 (minimum equivalency value), 15.5.4.1.1 (exception — need based athletics aid only) and 15.5.4.1.2 (exception — final year of eligibility and not previously aided)]

Daily Compliance Item- 12.23.15- 13.4.1.7.4, 14.2.1.1.1- Prospects and Practice

Charge is a basketball prospect that signed an NLI this past November with Ocean State University (OSU). Charge lives near OSU’s campus and wants to begin learning the team’s workouts, plays, etc.

Which of the following is true?

A. OSU can provide Charge with the team’s playbook

B. Charge can sit in on film review sessions with the team

C. Charge can watch on the court practices, even if they are closed to the general public

D. Both A and C

The answer is D.

NCAA Bylaw 13.4.1.7.4 states that an institution may provide any necessary pre-enrollment information (that is not otherwise considered to be general information related to an institution or its athletics programs) regarding orientation, conditioning, academics and practice activities in a video format (e.g., video playbook, games clips) to a prospective student-athlete, provided he or she has signed a National Letter of Intent or institutional financial aid agreement, or has been officially accepted for enrollment. Such information may be provided via a digital media storage device (e.g., DVD, flash drive). [D] (Adopted: 12/26/06, Revised: 1/16/10, 3/29/10, 6/13/11, 1/18/14 effective 8/1/14)

NCAA Bylaw 14.2.1.1.1 states that aprospective student-athlete shall not engage in any practice
activities (e.g., review of playbook, chalk talk, film review) with a coaching staff member prior to his or her enrollment. A prospective student-athlete who has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid, or has submitted a financial deposit to the institution in response to the institution’s offer of admission shall not observe an institution’s off-field or off-court practice session (e.g., meeting, film review) that is closed to the general public. A prospective student-athlete may observe an institution’s on-field or on-court practice session (including a session that is closed to the general public), regardless of whether he or she has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid, or has submitted a financial deposit to the institution in response to the institution’s offer of admission. (Adopted: 12/12/06, Revised: 3/3/11, 5/30/13)

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.22.15- 14.4.3.4.3- Bowl Game Played During Spring Term

The Ocean State University (OSU) football team will be participating in a bowl game this year that will be played after the start of the spring 2016 term.

True or False?

OSU will certify the student-athletes’ eligibility for the bowl game in the same manner as if the game was being played in between terms (e.g., 6 hours of academic credit).

A. True

B. False

The answer is A. NCAA Bylaw 14.4.3.4.3 states that if an institution is selected to participate in a postseason bowl game that will occur during the institution’s second regular term (e.g., winter quarter, spring semester) of the academic year, a student-athlete’s eligibility to compete in the bowl game shall be certified consistent with the standards applicable to postseason competition that occurs between terms (see Bylaws 14.4.3.4 and 14.4.3.4.2). However, a student-athlete must meet full-time enrollment requirements applicable to term-time competition (see Bylaw 14.2.2). (Adopted: 4/26/07, Revised: 7/31/14)

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.21.15- 14.4.3.1.6- 9 Hour Requirement for Football Student-Athletes

Wish Bone is a football student-athlete at Ocean State University (OSU). Here is Wish’s academic record so far for the 2015-16 academic year:

Fall 2015 Term- completed 8 hours of degree applicable credit

Winter Mini Term at OSU- completed 3 hours of degree applicable credit

Does Wish fulfill the 9 hour fall term requirement to be eligible for the first four contests in the 2016 season?

No. Although he has completed 11 hours of degree applicable credit prior to the start of the spring term, Wish is not permitted to use hours earned during a mini/interim term to fulfill the 9 hour requirement. Those hours can, however, be used to fulfill the 27 hour requirement needed to regain eligibility for the 3rd and 4th game.

NCAA Educational Column- 5/3/12- Division I Bylaw 14.4.3.1.6 — Fall Term Academic Requirements in Football (I)- states that NCAA Division I institutions should note, pursuant to NCAA Bylaw 14.4.3.1.6, a student-athlete who is a member of the institution’s football team must successfully complete at least nine semester hours or eight quarter hours of academic credit during the fall term and earn the NCAA Division I Academic Progress Rate (APR) eligibility point for the fall term in order to be eligible for all contests in the following playing season. If a football student-athlete fails to earn either the nine semester hours or eight quarter hours of academic credit or the APR eligibility point during the fall term, the student-athlete shall not be eligible to compete in the first four contests against outside competition in the following playing season.
Such a student-athlete may regain eligibility to compete in the third and fourth contests of that season, provided he or she successfully completes at least 27 semester hours or 40 quarter hours of academic credit before the beginning of the next fall term. Further, one time during a student-athlete’s five-year period of eligibility, a student-athlete who does not successfully complete at least nine semester hours or eight quarter hours of academic credit during the fall term or earn the APR eligibility point for the fall term may regain eligibility to compete in the first four contests against outside competition in the following playing season, provided he or she successfully completes at least 27 semester hours or 40 quarter hours of academic credit before the beginning of the next fall term.

The following questions and answers are designed to assist the NCAA Division I membership with the application of this legislation.

Question No. 1: If a student-athlete does not successfully complete the required nine semester or eight quarter hours and earn the APR eligibility point and does not regain eligibility for the following fall (or is ineligible for other reasons), does the ineligibility for competition in the first four contests carry over to the next season in which the student-athlete is eligible to compete?

Answer: No. The penalty is satisfied if the student-athlete does not compete during that playing season, regardless of whether the student-athlete is eligible for competition (e.g., fulfilling a transfer residence requirement, less than full-time enrollment).

Question No. 2: If a student-athlete does not successfully complete the required nine semester or eight quarter hours and earn the APR eligibility point, will the student-athlete be eligible to use the one-time transfer exception, if applicable, and be eligible for athletics aid in the first year at the time of transfer?

Answer: Yes, provided the student-athlete meets all other eligibility requirements and received permission to contact.

Question No. 3: Does the ineligibility for competition in the first four (or two) contests follow the student-athlete if he or she transfers to another Division I institution?

Answer: Yes. The student-athlete is ineligible for the first four (or two) contests of the following playing season, regardless of transfer.

Question No. 4: Does the ineligibility for competition in the first four contests follow the student-athlete if he or she transfers to a Division II or Division III institution?

Answer: No.

Question No. 5: May summer school hours satisfy the nine semester hours or eight quarter hours requirement or the 27 semester hours or the 40 quarter hours requirement?

Answer: Credit earned in the summer immediately after the applicable regular academic year may be used to satisfy the 27 semester hours or the 40 quarter hours requirement. For student-athletes in their first year of collegiate enrollment, summer hours earned immediately prior to initial collegiate enrollment may also be used to satisfy the 27 semester hours or the 40 quarter hours requirement. Similar to the application of the six credit-hour requirement for the fall term, only those hours earned during the fall regular academic term may satisfy the nine semester hours or eight quarter hours requirement.

Question No. 6: May credit hours earned during the regular academic year in an interim term (intersession, mini or “J” term) completed before the beginning of the following term (spring semester or winter quarter) satisfy the nine semester hours or eight quarter hours requirement and/or the 27 semester hours or the 40 quarter hours requirement?

Answer: Credit hours earned during an interim term, either at the certifying institution or from another institution, may be used to satisfy the 27 semester hours or the 40 quarter hours requirement. Credit hours earned from another institution must be acceptable for degree credit at the certifying institution. However, hours earned during an interim term may not be used to satisfy the fall term nine semester hours or eight quarter hours requirement.

Question No. 7: How are incomplete credit hours, nondegree applicable credit hours, remedial credit hours, credit hours earned while concurrently enrolled at another institution, etc. used for purposes of satisfying the nine semester hours or eight quarter hours requirement and 27 semester hours or 40 quarter hours requirement?

Answer: All current legislation and interpretations that govern the application of credit hours for other progress-toward-degree credit-hours requirements apply.

Question No. 8: How do the legislated exceptions to progress-toward-degree requirements apply for purposes of these requirements (e.g., missed term, medical absence)?

Answer: There are no changes for the application of the legislated exceptions to progress-toward-degree requirements. Credit hours will continue to be prorated at nine hours per term of actual attendance. Please note the nine semester hours or eight quarter hours requirement is only applicable if a football student-athlete was enrolled as a full-time student during the fall term.

Question No. 9: Does the legislation apply to student-athletes who were not members of the football team during the previous fall term?
Answer: No, the legislation only applies to student-athletes who were on the football team during the applicable fall term.

Question No. 10: What requirements must be met by a football student-athlete who is not included within the APR cohort for the fall term in order to be eligible for all contests in the following season?

Answer: Such a student-athlete must successfully complete nine semester hours or eight quarter hours of academic credit requirement in the fall term to be eligible for all contests the following season.

Question No. 11: Must the nine semester hours or eight quarter hours requirement and the 27 semester hours or 40 quarter hours requirement be degree applicable?

Answer: Yes.

Question No. 12: Is a student-athlete required to use the one-time exception on the first occasion he or she is ineligible for contests in the following fall term?

Answer: No.

Question No. 13: Is the one-time exception limited to one time during a student-athlete’s five-year period of eligibility or is it limited to one time per institution?

Answer: The one-time exception is limited to one time during a student-athlete’s five-year period of eligibility.

Question No. 14: Is a student-athlete required to earn nine semester hours or eight quarter hours in the fall term in order to be awarded the APR eligibility point?

Answer: No. The student-athlete must earn at least six hours, rather than nine semester hours or eight quarter hours in the fall term, in addition to meeting all other institutional, conference and NCAA requirements in order to be awarded the APR eligibility point.

Question No. 15: Once a student-athlete graduates or is seeking a second baccalaureate, is he or she required to earn nine semester hours or eight quarter hours and earn the APR eligibility point in the fall term in order to be eligible for all contests the following fall term?

Answer: No.

Question No. 16: If a student-athlete who fails to earn nine semester hours or eight quarter hours and/or the APR eligibility point in the fall term does not earn enough degree-applicable hours to meet the 27 semester hours or 40 quarter hours requirement to regain eligibility for the first two contests the following fall term, what recourse is available to the student-athlete?

Answer: The institution may submit a progress-toward-degree waiver on the student-athlete’s behalf through AMA Online.

Question No. 17: How is the APR eligibility point awarded for the spring term if a student-athlete is ineligible for two or four contests the following fall?

Answer: An institution may award such a student-athlete the APR eligibility point for the spring term, provided the student-athlete is academically eligible to compete in the fall term.

Question No. 18: May an institution cancel a football student-athlete’s athletics aid after the fall term if he or she did not meet the requirements in Bylaw 14.4.3.1.6?

Answer: No. It would not be permissible for the institution to cancel the student-athlete’s athletics aid during the period of award since the student-athlete’s eligibility for intercollegiate competition is not impacted until the following year.

Question No. 19: Is a student-athlete subject to the four-contest restriction for the following fall term if he or she does not successfully complete nine semester hours or eight quarter hours of academic credit during the fall term but completes the courses necessary to receive a baccalaureate degree from the institution prior to the start of the next fall term?

Answer: No.

Question No. 20: May a student-athlete who is in the final academic year (final two semesters or three quarters) of his or her designated degree program use credit hours acceptable toward any of the institution’s degree programs to satisfy the nine semester hours or eight quarter hours requirement?

Answer: Yes, provided the institution certifies that the student-athlete is enrolled in courses necessary to complete degree requirements at the end of the two semesters or three quarters. Thereafter, the student-athlete shall forfeit eligibility in all sports, unless he or she completes all degree requirements during the final two semesters or three quarters and is eligible to earn his or her baccalaureate degree on the institution’s next degree-granting date.

Question No. 21: May credit earned via credit-by-examination and advanced placement courses completed prior to initial full-time collegiate enrollment be used to meet the nine hour requirement?

Answer: No. However, the credit earned may be used to satisfy the 27 semester hours or 40 quarter hours exception during the student-athlete’s initial year of collegiate enrollment. Subsequent to initial full-time enrollment, credit earned while enrolled during a regular academic term via credit-by-examination and advanced placement courses may be used to meet either requirement.

Question No. 22: Would a student-athlete who does not meet the nine hours requirement at the previous institution and transfers to the certifying institution before the next fall term be able to use degree applicable hours from the previous institution to meet the 27 semester hours or 40 quarter hours exception even if those hours are not degree applicable at the certifying institution?

Answer: Yes. Hours earned at the previous institution during the applicable regular academic year may be used to satisfy the 27 semester hours or 40 quarter hours exception if they are considered degree applicable at either the previous institution or certifying institution.

[References: NCAA Division I Bylaws 14.4.3.1 (fulfillment of credit-hour requirements), 14.4.3.1.6 (additional requirements — football), 14.4.3.1.6.1 (regaining eligibility for two contests), 14.4.3.1.6.2 (regaining full eligibility — one-time exception), and staff interpretations (1/20/12, Item No. a), (2/16/12, Item No. a), (2/16/12, Item No. b) and (4/5/12, Item No. a)]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.17.15- Current Event

Missouri legislator withdraws bill to bar student-athletes from protests

USATODAY.com

The backers of proposed legislation in Missouri that sought to prevent university athletes on scholarship from boycotting games withdrew the bill Wednesday morning.

The moves comes after state Reps. Rick Brattin and Kurt Bahr faced widespread criticism over the draft legislation that was introduced on Friday, including a claim the bill was racist made by one fellow member of Missouri’s House of Representatives. Brattin told USA TODAY Sports on Tuesday that his constituents were supportive of HB 1743 and gave no indication he and Bahr would yank the bill.

“Yes I did,” Brattin responded via electronic message when asked if he withdrew the bill.

Brattin release a statement later Wednesday:

“My bill was filed to generate discussion on what I believe is an extremely important topic and one that deserves deliberate consideration. While I am withdrawing the legislation, I hope the conversation will continue so that we can take steps to ensure the University of Missouri is providing a stable, positive learning environment for our young people. I sincerely believe students should be able to express their viewpoints, but I also believe our flagship state university has to keep and maintain the order this is expected from such an esteemed educational institution.”

Bahr has not responded to requests for interviews.

Brattin said on Tuesday that he thinks his bill would have an impact even if it never made it to a committee in the Missouri House of Representatives.
“The hope is that the university acts so we don’t have to,” said Brattin, who represents the state’s 55th district. “We cannot have the student body, or in this case, the football team, going on strike and forcing out a school president. That cannot be allowed.”

The bill was submitted in response to the University of Missouri football players who led a boycott in November.

More than 30 black Missouri football players said they would not participate in football-related activities until university President Tim Wolfe resigned.
The boycott was part of a larger movement on the campus — which included a hunger strike by a grad student — to voice concerns about how Wolfe handled racial harassment at the school.

Two days after the boycott that had the backing of then-head coach Gary Pinkel, the university president resigned.

Employees of the university who support boycotts would be fired, under the now-withdrawn proposed bill.

“I think the students have created this situation where nobody wants to come here,” Brattin said. “There have been several prospects who have chosen not to go to MU because it’s in such disarray. We need to bring order back. The football team is a sports organization, not a political activist organization.”

Brattin said his legislation wouldn’t stifle the First Amendment because athletes would still be able to protest.

“This won’t stop them from joining arm in arm to protest before or after practice,” he said.

The Missouri House of Representatives is on recess until Jan. 6 and it wasn’t clear how far the would have gotten if it had not been withdrawn. A message left with House Speaker Todd Richardson was not immediately returned.

Rep. Brandon Ellington wrote in a statement that the “legislation is motivated by racism” and “has no place laws of a just society.”

“House Bill 1743 Seeks to further solidify and legalize institutional racism by targeting black athletes for exercising their constitutional rights to free speech and reducing them to status of subjugated livestock,” said Ellington, who chairs the Missouri Legislative Black Caucus.”

The bill didn’t spell out how it would enforce the penalties against players or coaches. But Brattin said there needs to be something in place to prevent athletes from potentially costing the university millions.

The Tigers could have been fined $1 million under a contract with BYU for the Nov. 14 game that ultimately went ahead as scheduled.

“This bill isn’t going to stop them from expressing themselves before or after practice,” Brattin said. “What they can’t do is hold an entire university hostage and make Missouri taxpayers liable for million-dollar fines.”

This article was selected for educational purposes only.

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.15.15- 13.6.3- Test Score Required for Official Visit

The Ocean State University (OSU) Women’s Soccer coaches are finalizing travel options for three official visits planned in January. While the coaches were collecting all the required paperwork for hosting the visits, they noticed that all three prospects took the ACT Aspire test. This test replaced the ACT Plan test last year. The legislation requires a prospect to present a score taken from a PSAT, SAT, PLAN or ACT. Since ACT Aspire is not on the list, can OSU use those scores to satisfy the requirement?

Yes through the use of an NCAA approved blanket waiver. NCAA Division I member institutions may use the ACT Aspire test to satisfy the official visit exam requirements through August 1, 2017. In granting this request, the NCAA Division I Committee for Legislative Relief noted:

1. Current official visit legislation specifies a prospective student-athlete must present the institution with a score from the PSAT, SAT, PLAN or ACT taken on a national testing date under national testing conditions;

2. The ACT Aspire test replaced the ACT PLAN test, effective June 13, 2014; and

3. The NCAA Division I Committee on Academics Subcommittee on Student-Athlete Academics and the NCAA Division I Committee on Academics reviewed the official visit legislation related to the ACT Aspire test and recommended that relief should be provided to allow the use of the ACT Aspire test for official visit purposes, expiring August 1, 2017.

See Case No. 853096 in Requests/Self-Reports Online (RSRO) via the search tab. Additional information regarding blanket waivers can be found on the Committee for Legislative Relief homepage.

[Reference: NCAA Division I Bylaw 13.6.3 (requirements for official visit)]

NCAA Bylaw 13.6.3 states that the following requirements must be met before an institution may provide an official visit to a prospective student-athlete: [D] (Adopted: 4/26/07 effective 8/1/07, 5/9/07, 11/1/07 effective 8/1/08, Revised: 8/7/14)

(a) A high school or preparatory school prospective student-athlete must present the institution with a score from a PSAT, SAT, PLAN or ACT taken on a national testing date under national testing conditions, except that a state-administered ACT may be used to meet the requirement. The score must be presented through a testing agency document, on a high school or preparatory school academic transcript (official or unofficial) or through the use of the applicable testing agency’s automated-voice system. An international prospective student-athlete who requires a special administration of the PSAT, SAT, PLAN or ACT may present such a score upon the approval of the Committee on Academics or the Initial-Eligibility Waivers Committee;

(b) A prospective student-athlete must present the institution with a high school (or college) academic transcript;

(c) A high school or preparatory school prospective student-athlete must register with the NCAA Eligibility Center; and

(d) A high school or preparatory school prospective student-athlete must be placed on the institution’s institutional request list (IRL) with the NCAA Eligibility Center.

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.14.15- 16.1.4- Exchanging Items Received for Participation

The Ocean State University football student-athletes will receive rings for winning the Ocean Eleven Conference Championship game. A few of the student-athletes would like to exchange the ring for something else because they received a ring last year? Is it permissible to exchange the ring for another item?

No. NCAA Staff Interpretation- 12/5/13- Student-Athletes Selling Items Received for Participation in Intercollegiate Athletics (I) – states that a student-athlete may not sell, or exchange for another item of value, any item received for athletics participation.

[References: NCAA Division I Bylaws 12.5.2.1 (advertisements and promotions after becoming a student-athlete); 12.1.2 (amateur status); 16.1.4 (types of awards, awarding agencies, maximum value and numbers of awards); and 16.11.2.1 (general rule)]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 12.11.15- Current Event

NCAA president seeks ban of daily fantasy ads during March Madness
USAToday.com

NCAA President Mark Emmert promises viewers won’t see those pervasive daily fantasy ads during March Madness.

Under terms of the NCAA’s TV deal with CBS, Turner and ESPN, Emmert told reporters Wednesday that the NCAA is able to block ads fromFanDuel, DraftKings or any other daily fantasy site during the tournament.

“I understand why we’re in this place but I don’t like it,” Emmert said about having to pressure the NCAA’s TV partners.

Emmert’s comments are part of the NCAA’s push to distance the organization from daily fantasy sports. It already bans its athletes and officials from taking part in daily fantasy sports.

The NCAA considers daily fantasy sports tantamount to sport betting, which is in violation of its bylaws that bar accepting ads from from gambling companies.

Emmert noted the NCAA has no jurisdiction over media contracts of conferences or individual schools, and said he was unhappy at the contradiction inherent in a recent college basketball event at Brooklyn’s Barclay Center, the FanDuel Legends Classic.

“Here we’ve got rules that say if a student participates in this activity, you’ll be suspended,” Emmert said, “and oh by the way, we’re advertising it. I think that sends a completely bad message.”

The NCAA, however, can’t halt ads in the upcoming College Football Playoff because the playoff isn’t run by the NCAA.

In a related matter, Emmert suggested a potential shift in the NCAA’s stance toward putting championships in states with legal sports betting. Emmert said he expected the NCAA membership would have a “robust discussion” about the longtime prohibition. He said he attended three conference tournaments in Las Vegas last year “because I wanted to see how it worked because this debate was emerging.”

“We’re going to those kinds of venues in all kinds of ways,” he said. “Where does the membership want to be in this space and how do you manage what often is seen as a hypocritical exercise?”

This article was selected for educational purposes only.

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.