Daily Compliance Item- 8.29.16- 13.6.7.2, 13.7.2.2- Comp Admissions to Prospects for Neutral Site Competitions

Ocean State University (OSU) football team is participating in its season opener this friday against West Coast University. The game will be played in Lucas Oil Stadium in Indianapolis, which is half way between the two campuses. This is the first match up between the two schools, and no future games have been scheduled.

Both institutions have several prospective student-athletes in the area that would like to attend. Can OSU and West Coast provide those prospects with complimentary admissions?

Yes with conditions. NCAA Staff Interpretation- 8/26/16- Complimentary Admissions for a Prospective Student-Athlete to Attend a Neutral-Site Competition (I)– states that each institution participating in a regular-season neutral-site single contest in team sports (e.g., one football game) or a regular-season neutral-site single event in individual sports (e.g., one track meet) may consider it as a home contest or event for purposes of providing complimentary admissions to prospective student-athletes, provided:

(a) The contest is not organized or administered by a participating institution (i.e., the event is organized and administered by a third party); and

(b) The participating institutions do not compete against each other on an annual or regular basis (e.g., members of same conference, traditional rivalry).

[References: NCAA Bylaws: 13.6.7.2 (complimentary admissions) and 13.7.2.2 (home games at site other than regular home facility) and a staff interpretation (11/9/88, Item No. a), which has been archived]

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 or JumpForward. 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- 8.26.16- Current Event

Hawaii Is Redefining the Road Game

NYTimes.com

Many college football teams, particularly those outside the so-called Big Five conferences, begin their seasons with two games on the road.
But there is the road, and then there is the road when you are Hawaii.

This year, the Rainbow Warriors will kick off their season a week before the rest of college football, with a game against California on Friday night in Sydney, Australia (although in Sydney, the game will be at noon Saturday). The next week has Hawaii playing Michigan — nine times zones away, at Michigan Stadium in Ann Arbor.

But that is only the start. Hawaii will travel away from — and back to — Honolulu for at least seven games, racking up almost 50,000 miles of air travel.

“When you’re in the middle of the Pacific,” Athletic Director David Matlin said, “every trip is a long way.”

The Rainbow Warriors’ athletic schedules have few equals. Some N.F.L. teams log less than half the total miles that Hawaii will. (The Giants’ figure this season will be closer to a quarter as large.) When next season’s N.B.A. schedule was released this month, the Golden State Warriors’ Twitter account bragged that the team would travel a total distance of 54,436 miles. But that was for 41 road games, over about half a year. Hawaii has only seven in football.

“We get used to it, honestly,” said Ikaika Woolsey, the Rainbow Warriors’ starting quarterback.

Still, this year’s travel will be, in Matlin’s words, “longer than most.” It is not just the trip to Australia, although, at more than 5,000 miles each way, it is the longest trip of the season. (It will be longer still for Cal, which will travel nearly 15,000 miles round-trip.) But even Hawaii’s shortest trip, for an October game at San Jose State, in California, will cover nearly 2,500 miles each way.

Yet there is a bright spot, according to Matlin. “The beauty about this year’s travel for us — I can’t recall us having it in the recent past — is we’re only one plane to every trip,” he said.

That is, the team will be able to fly to an airport within driving distance of each of its opponents, which has not been the case in years when, for example, it played its Mountain West Conference rival Boise State on the road. For the Michigan game, Hawaii’s travel partner Hawaiian Airlines worked with it to charter a plane for the roughly 12-hour flight.

This is what passes for convenience at Hawaii.

Hawaii’s football team most likely travels the most of all the university’s varsity sports teams, the rest of which reside in the California-centric Big West Conference or the Mountain Pacific Sports Federation and take only a few trips per season. Other programs also have an easy time persuading teams to come to them; in November, Hawaii’s men’s basketball team will host the runner-up of last season’s N.C.A.A. tournament, North Carolina, and in December, it is scheduled to play Princeton and Seton Hall at home in the Pearl Harbor Classic.

While in some years Hawaii football has had consecutive road games, this year the Mountain West scheduled Hawaii to alternate between home and away games — which is how Hawaii prefers it, Matlin said, as opposed to staying on the mainland and missing more than a week of classes. For the opening trip, which corresponds with the first days of instruction, the team had planned to bring along three academic tutors and get schoolwork ahead of time.

“Bless our professors,” said Nick Rolovich, Hawaii’s head coach.

One other preparation for all the travel will go unseen: special pants.

“We’ve purchased some tights for traveling for the airplane that a bunch of guys will wear,” said Rolovich, who played at Hawaii and who had been the offensive coordinator until soon after his predecessor, Norm Chow, was let go last season. The tights, Rolovich said, are “sort of a lower-body compression sock on steroids.”

Woolsey, the senior quarterback, said he and other team leaders had also conveyed one hard-earned piece of wisdom to younger players: “Sleep in when you can.”

The program has retained the tradition set by June Jones, who was Rolovich’s coach, of practicing in the morning, which helps the team adjust better to West Coast night games. But beyond such common-sense adjustments, Rolovich’s attitude about the obstacles that playing for Hawaii presents is that they should not be considered obstacles.

“It’s too easy of an excuse to use,” he said. “It comes too easily out of people’s mouths. I don’t mention it to our guys. If they bring it up, there’s transfer paperwork downstairs if they don’t like it.”

Besides, Rolovich added, he tells prospects honestly what they are in for when he recruits them and warns them to make sure Hawaii is the right fit.

“Paradise,” Rolovich said, “is a miserable place to be unhappy.”

Correction: August 24, 2016
An earlier version of a picture caption with this article misspelled the given name and the surname of a Hawaii football player. He is Makani Kema-Kaleiwahea, not Makan Kema-Kaleiwahia.

Correction: August 25, 2016
An earlier version of this article misidentified a conference that some sports teams at Hawaii compete in. It is the Big West, not the Big Sky.

This article was selected for educational purposes only.

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 or JumpForward. 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- 8.25.16- 15.3.1.3- Retroactive Financial Aid

Mar King is a field hockey student-athlete at Ocean State University (OSU). Mar’s coach realized that she still has room in her scholarship limits after two of her incoming freshmen were declared non-qualifiers. Because Mar works very hard and has really improved her skills, the coach decided to provide her with a full athletic scholarship during the 2nd week of classes. Can OSU provide Mar the full amount or does it have to be prorated based on the remaining charges for that term? The scholarship will have to be prorated. NCAA Bylaw 15.3.1.3 states that institutional financial aid awarded to an enrolled student-athlete after the first day of classes in any term may not exceed the remaining room and board charges and educational expenses for that term and may not be made retroactive to the beginning of that term.

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 or JumpForward. 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- 8.19.16- Current Event

Appeals court affirms dismissal of ex-college players’ suit

USAToday.com

CINCINNATI (AP) — An appellate court has affirmed the dismissal of a lawsuit filed by 10 former college athletes who said television networks and college conferences profited from their names and likenesses without permission.

The U.S. District Court of Appeals for the Sixth Circuit ruled Wednesday that the June 2015 decision granting the defendants’ motion to dismiss was “a notably sound and thorough opinion.”

The lawsuit was filed October 2014 in Nashville, Tennessee. Plaintiffs included ex-Vanderbilt football players Javon Marshall, Eric Samuels and Steven Clarke, ex-Washington football player Sean Parker; ex-Tennessee State basketball player Patrick Miller; ex-Tennessee football players Rod Wilks, Byron Moore and Marlon Walls; ex-Chattanooga football player Chaz Moore and former Maryland-Eastern Shore basketball player Chris Conner.

Defendants included ESPN, CBS, NBC, ABC, Fox and the Southeastern Conference.

This article was selected for educational purposes only.

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 or JumpForward. 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- 8.18.16- 12.8.3.6- Foreign Tour and Season of Competition

The Ocean State University (OSU) Volleyball team participated in a foreign tour in July. A. Tacker participated in the foreign tour but did not compete for OSU during the 2015-16 academic year. A. was eligible to compete but used the year as a redshirt year.

Since A. participated in the foreign tour over the summer, is she charged with a season of competition for the 2015-16 academic year?

No. NCAA Bylaw 12.8.3.6 states that a student-athlete who did not compete during the institution’s season just completed and who represents the institution in a certified foreign tour after that intercollegiate season and prior to the start of the next academic year shall not be charged with a season of eligibility (see Bylaw 17.29.1.4). (Revised: 8/11/98, 7/31/14)

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 or JumpForward. 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- 8.17.16- 17.1.7.6.3- Practice Times During Preseason Period

The men’s soccer coaches at Ocean State University want to practice late at night the next few days because of the excessive heat. Since this is the preseason practice period, is it permissible for the team to be on the field from 10pm to 1am?

No. NCAA Bylaw 17.1.7.6.3 states that countable athletically related activities shall not occur between midnight and 5 a.m.

There is not a legislative exception for preseason practice. The institution could certainly file a waiver and include any mitigating factors for needing to practice during that time period.

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 or JumpForward. 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- 8.16.16- 13.2.2- Provision of Pre-Enrollment Fees

Several incoming freshmen at Ocean State University (OSU) have incurred an additional curriculum fee because of their designated degree program. All of these student-athletes are receiving athletic aid. Since this fee is not required of all incoming students, can OSU pay the expense?

Yes. With this being an autonomy proposal, institutions that are members of non-autonomy conferences must refer to their conference policy to determine whether they are permitted to opt-in to this piece of legislation. NCAA Educational Column- 3/11/16 (updated 8/16/16)- Proposal No. 2015-20 Autonomy Proposal — Recruiting — Offers and Inducements — Institutional Pre-Enrollment Fee (I)- provides further clarification on the application of Autonomy Proposal 2015-20.

Editor’s Note: Question No. 5 was updated August 16, 2016, to clarify the application of the proposal as adopted. The original publication date was kept to maintain a link to other autonomy proposal questions and answers with the same publication date.

This document contains questions and answers to assist the NCAA membership in its understanding of Proposal No. 2015-20 (institutional pre-enrollment fees).

Question No. 1: What types of fees are considered to be pre-enrollment fees?

Answer: A pre-enrollment fee is any fee that is required of a prospective or incoming student by the institution. In addition to the fees listed in the proposal, an admissions application fee and a housing application fee are additional examples.

Question No. 2: Must a pre-enrollment fee be required of all prospective students at the institution in order for it to be paid for a prospective student-athlete?

Answer: No.

Question No. 3: If a prospective student-athlete receives pre-enrollment expenses, does he or she become a student-athlete?

Answer: No. Receipt of pre-enrollment expenses does not cause a prospective student-athlete to become a student-athlete.

Question No. 4: May the institution cover a fee that is part of an element of financial aid (e.g., advance tuition payment, advance room and board payment)?

Answer: Yes; however, such a payment will be considered financial aid and the recipient will become a counter.

Question No. 5: May an institution guarantee payment for required pre-enrollment fees before the prospective student-athlete signs a National Letter of Intent or the institution’s written offer of admission and/or financial aid or before the institution has received a financial deposit in response to its offer of admission?

Answer: Yes; however, payment or reimbursement of required pre-enrollment fees may not occur until after a prospective student-athlete has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid or after the institution has received a financial deposit in response to its offer of admission. Before August 1 of a prospective student-athlete’s senior year, an institution shall not indicate in writing that it will cover a fee that is part of an element of financial aid (e.g., advance tuition payment, advance room and board payment).

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 or JumpForward. 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- 8.8.16- 153.5.1.2.1- Incapacitating Injury and It’s Effect on Athletic Aid

Aerial is a field hockey student-athlete at Ocean State University (OSU). Aerial is receiving a 75% athletic scholarship and has been a starting center halfback the last two years. Aerial suffered some extensive injuries last fall but decides she wants to participate again this year. During the 2nd week of preseason practice, Aerial re-injures her leg. The injury is severe enough that the doctors have told Aerial she will not be able to ever compete again in her sport.

The legislation allows an institution to provide athletic aid to a student-athlete that is injured or ill to the point where he/she is no longer able to compete. Which of the following is true?

A. OSU must count Aerial’s scholarship during the current academic year because she participated in countable athletically related activities during the preseason period.

B. OSU may exempt the scholarship during the 2016-17 academic year because the diagnosis was made prior to the first contest and first day of classes.

The answer is A. NCAA Bylaw 15.5.1.2.1 states that if an incapacitating injury or illness occurs prior to a prospective student-athlete’s or a student-athlete’s participation in athletically related activities and results in the student-athlete’s inability to compete ever again, the student-athlete shall not be counted within the institution’s maximum financial aid award limitations for the current, as well as later, academic years. However, if the incapacitating injury or illness occurs on or after the student-athlete’s participation in countable athletically related activities in the sport, the student-athlete shall be counted in the institution’s maximum financial aid limitations for the current academic year but need not be counted in later academic years. (Adopted: 1/10/91, Revised: 3/26/04, 9/18/07)

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 or JumpForward. 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- 8.5.16- 15.2.8.1.4- 6 Hour Enrollment Requirement

Lib E. Ro is a freshman volleyball student-athlete at Ocean State University (OSU). Lib enrolled in 6 hours during the summer 2 session and is receiving athletics aid. The summer term ends next friday. Lib is not doing well in one of the classes, so she would like to drop it. Will OSU have a violation if Lib drops below 6 hours?

No. NCAA Staff Interpretation- 6/29/05- Summer Athletics Financial Aid Prior to Initial Full-Time Enrollment at the Certifying Institution (I)– states that with regard to an institution providing athletically related financial aid to individuals during the summer prior to initial, full-time enrollment at the certifying institution and confirmed that:

(1)An institution that offers multiple summer school sessions may award athletically related financial aid to a prospective student-athlete to attend any session prior to initial, full-time collegiate enrollment, provided the prospect satisfies the minimum academic-hours requirement during the entire summer (i.e., either during a single summer session or by combining hours from multiple summer sessions);

(2)A prospective student-athlete may satisfy the minimum academic-hours requirement by initially enrolling in six hours of academic degree credit (other than physical activity courses) during the summer, even if the prospect does not complete such hours; and

(3)A prospective student-athlete who receives athletically-related financial aid during the summer prior to initial, full-time enrollment at the certifying institution may receive summer financial aid for a maximum of five summers.

[References: NCAA Bylaw 15.2.8.1.4 (summer financial aid — prior to initial, full-time enrollment at the certifying institution — athletics aid); 2/16/00 official interpretation, Item No. 3 and 4/11/00 official interpretation, Item No. 11-(c)-3, which have been archived]

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 or JumpForward. 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- 8.4.16- 17.10.2.1.2.1- Football Student-Athlete Quits During Preseason

Ocean State University (OSU) has 105 student-athletes participating in preseason football practice. This is the limit for an FBS institution. Unfortunately, one of the student-athletes has voluntarily quit the team and will no longer be participating in preseason practice.

Can OSU replace this student-athlete with another for the remainder of the preseason practice? Yes. NCAA Bylaw 17.10.2.1.2.1 states that a student-athlete who has voluntarily withdrawn from an institution’s team, has departed the practice site and no longer will engage in any preseason activities may be replaced with another student-athlete without including that individual in the institution’s 105-participant preseason practice limitation. (Adopted: 1/10/95)

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 or JumpForward. 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.