Daily Compliance Item- 12.8.15- 12.3.1.1, 12.3.1.2- Agents

A Gap and B Gap are football student-athletes at Ocean State University. Based on the below scenarios which, if either, would have eligibility issues regarding their interaction with an agent?

A met with an agent on campus after practice one day. The agent indicated he would like to represent A once his eligibility has exhausted. A liked what the agent had to say and was impressed with his client list. As a result, A verbally agreed to have this agent represent him once the bowl game was over.

B met with an agent on campus after practice one day. The agent indicated that although he was very impressed with B’s athletic ability, he only represents professional basketball players. He gave B tickets to his favorite band and wished him luck with the football career.

1. Both A and B would be ineligible.
2. Neither student-athlete would lose eligibility
3. A would be ineligible
4. B would be ineligible

The answer is 1. NCAA Bylaw 12.3.1.1 states that an individual shall be ineligible per Bylaw 12.3.1 if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.

NCAA Bylaw 12.3.1.2 states that an individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from: (Revised: 1/14/97)
(a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general; or (b) An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete’s sport. (Adopted: 1/14/97)

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- 12.2.15- 15.5.6.3.5- Midyear Replacement Aid

Wish Bone is a football student-athlete at Ocean State University (OSU). Wish is in his final season of eligibility and will graduate this December. OSU is currently awarding all 85 scholarships (including Wish’s), but they have an incoming freshman enrolling in January to whom they would like to provide athletic aid.

Is it possible for OSU to provide a scholarship to this incoming freshman in January?

Yes with conditions. NCAA Bylaw 15.5.6.3.5 states that a counter who graduates at midyear or who graduates during the previous academic year (including summer) may be replaced by an initial counter, who shall be counted against the initial limit either for the year in which the aid is awarded (if the institution’s annual limit has not been reached) or for the following academic year, or by a student-athlete who was an initial counter in a previous academic year and is returning to the institution after time spent on active duty in the armed services or on an official religious mission. In bowl subdivision football, an institution may use the midyear replacement exception only if it previously has provided financial aid during that academic year to the maximum number of overall counters (85 total counters). In championship subdivision football, an institution may use the midyear replacement exception only if it previously has provided financial aid during that academic year that equals the maximum number of overall equivalencies or overall counters. (Revised: 4/20/99 effective 8/1/99, 6/8/99, 4/26/01 effective 8/1/01, 8/2/05, 12/15/06, 1/14/08 effective 8/1/08, 4/2/10, 1/15/11)

Does the answer remain the same if Wish continues to receive athletic aid in the spring as a graduate student?

Yes. NCAA Staff Interpretation- 7/1/11- Midyear Replacement — Replaced Student-Athlete Remains Enrolled and Continues to Receive Athletics Aid (I)- states that a counter who is replaced at midyear pursuant to the midyear replacement legislation may remain enrolled at the same institution as a graduate student (or as an undergraduate student seeking a second baccalaureate degree) and may continue to receive athletically related financial aid.
[References: NCAA Bylaws 15.5.2.3 (midyear replacement – women’s volleyball) and 15.5.6.3.5 (midyear replacement) and staff interpretation (3/22/90, Item No 6), which has been archived]

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- 12.1.15- 17.1.7.2- Out of Season Workouts and Final Exam Week

Ocean State University men’s lacrosse coaches would like to continue with out of season workouts and conditioning up until the beginning of finals week. Is this permissible?

No. NCAA Bylaw 17.1.7.2 states that:

(a) Sports Other Than Football. Outside of the playing season, from the institution’s first day of classes of the academic year or September 15, whichever occurs earlier, to one week prior to the beginning of the institution’s final examination period at the conclusion of the academic year, only a student-athlete’s participation in required weight training, conditioning and skill-related instruction shall be permitted. A student-athlete’s participation in such activities per Bylaw 17.02.1 shall be limited to a maximum of eight hours per week with not more than two hours per week spent on skill-related workouts. All countable related activities outside the playing season are prohibited one week prior to the beginning of the final examination period for the applicable academic term through the conclusion of each student-athlete’s final exams. (Revised: 4/27/06 effective 8/1/06, 9/22/06)

(b) Bowl Subdivision Football. [FBS] Activities between the institution’s last contest and January 1 are limited to required weight training, conditioning and the review of game film. A student-athlete’s participation in such activities shall be limited to a maximum of eight hours per week, of which not more than two hours per week may be spent on the viewing of film. All activities beginning January 1 and outside the playing season shall be conducted pursuant to Bylaw 17.9.6. (Revised: 12/15/06)

(c) Championship Subdivision Football. [FCS] Activities between the institution’s last contest and the start of summer conditioning are limited to required weight training, conditioning and the review of game film. A student-athlete’s participation in such activities shall be limited to a maximum of eight hours per week, of which not more than two hours per week may be spent on the viewing of film. All activities beginning with the start of summer conditioning and outside the playing season shall be conducted pursuant to Bylaws 17.9.6.2 and 17.9.6.4. (Revised: 12/15/06)

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.