Daily Compliance Item- 9.30.16- Current Event

NCAA payouts may reward academic skills, not just athletic ones

USATODAY.com

For decades, colleges’ performances in the NCAA men’s basketball tournament have had an impact on how the association annually divides hundreds of millions of dollars in TV revenue among its Division I conferences.

Now, the NCAA is set to vote on making the academic performance of athletes in all sports a factor for the first time.

A special committee has recommended to the NCAA’s top governing boards that they let athletic departments’ ability to meet at least one of three academic benchmarks annually determine how much money their respective conferences receive from a new pool of money that would be funded by future increases in the association’s media rights fees.

The recommendation is included in the final report of the NCAA Division I Values-Based Revenue Distribution Working Group, a copy of which was obtained this week by USA TODAY Sports.

The NCAA Board of Governors and the Division I Board of Directors are expected to vote on the group’s recommendations during meetings scheduled for the last week in October.

The proposed academics-based distribution fund would debut in the NCAA’s 2019-2020 fiscal year. During its first six years, it would get 75% of the annual TV rights fee increases. That means it would start with nearly $12.7 million in 2019-2020, then rapidly grow to a little more than $105.4 million in 2024-25, according to the working group’s report.

At that amount — and based on the working group’s projection that about two-thirds of the more than 340 Division I schools will meet at least one of the required benchmarks each year — a conference would get about $460,000 for each school that qualifies.

After that, the fund would continue growing annually, but by much smaller amounts.

The academic-based fund’s growth would not prevent increases in the NCAA’s other Division I revenue distribution funds, including the one based on schools’ performance in the basketball tournament. And the basketball fund would continue to have more money in it each year than would the academic-based fund.

According to the NCAA’s most recent audited financial statement, it is due to receive $827 million in 2019-2020 from its current 14-year, $10.8 billion TV and marketing deal with CBS and Turner. In April, the NCAA announced it had made an eight-year, $8.8 billion extension of the CBS/Turner deal.

The NCAA working group’s final report states that the group initially had suggested that 100% of the annual growth in the media rights deal be allocated to the academics-based fund, but feedback from the association’s membership prompted it to alter its approach.

Schools would annually earn an academic fund payment for their conference if their overall athlete populations meet any of three criteria:

– An Academic Performance Rate (APR) of at least 985 for the previous year. The APR is based on whether athletes maintain their eligibility and return to school for each academic term.

– A Graduation Success Rate (GSR) of at least 90 for the most recent year. The GSR is based on the number of athletes who graduate within six years of entering college, with school’s receiving consideration for athletes who transfer or leave school early while in good academic standing.

– A Federal graduation rate for the most recent year that is at least 13 percentage points greater than that of the entire undergraduate student body. Under the Federal rate, if an athlete initially enrolls at one school, then transfers, the athlete is deemed to have not graduated from the initial school and counts against its graduation rate, regardless of the athlete’s academic standing at the time or their eventual academic outcome.

Each conference would receive money from the NCAA based on the total number of payment units earned by its member schools. The conferences would then be able to distribute the money based on their own revenue-sharing systems. Thus, it would be possible for a school that does not earn an academic-based unit to receive money from the fund anyway — in much the same way that schools whose teams do not play in a bowl game or NCAA basketball tournament receive shares of their conferences’ revenues from those events.

Once money from the academic fund reaches schools, they would be allowed to use it for any purpose — not just for academic initiatives. Other Division I revenue distribution funds carry restrictions on how the money can be used.

College presidents’ interest in examining the creation of an academic-based distribution fund has roots in an August 2015 meeting organized by the NCAA that was followed by the working group’s creation. Though the new TV deal makes it easier for the association’s membership to proceed now, groups such as the Knight Foundation Commission on Intercollegiate Athletics have pushed such a move for more than a decade.

This article was selected for educational purposes only.

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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- 9.29.16- 11.01.5- Undergraduate Assistant Coach

Flip Turn is a swimming student-athlete at Ocean State University (OSU) that exhausted her eligibility at the conclusion of the 2015-16 academic year. Flip will graduate with a baccalaureate degree in International Finance in the spring of 2017. The OSU coaches would like her to serve as an undergraduate student coach during the 2016-17 academic year while she is completing her degree requirements.

Is it permissible for Flip to serve as an undergraduate coach?

Yes with conditions. NCAA Bylaw 11.01.5 states that a student assistant coach is any coach who is a student-athlete who has exhausted his or her eligibility in the sport or has become injured to the point that he or she is unable to practice or compete ever again, and who meets the following additional criteria: (Revised: 1/9/96, 1/12/04 effective 8/1/04, 3/10/04, 5/26/06, 8/11/09, 4/29/10 effective 8/1/10, 8/7/14, 1/15/16 effective 8/1/16)

(a) Is enrolled at the institution at which he or she most recently participated in intercollegiate athletics;

(b) Is enrolled as a full-time graduate student within his or her five-year period of eligibility (see Bylaw 12.8) or is enrolled as a full-time undergraduate student in his or her first baccalaureate degree program, except that during his or her final semester or quarter of the degree program, he or she may be enrolled in less than a full-time degree program of studies, provided he or she is carrying (for credit) the courses necessary to complete the degree requirements;

(c) Is receiving no compensation or remuneration for coaching duties from the institution other than the financial aid that could be received as a student-athlete and expenses incurred on road trips that are received by individual team members; and

(d) Is not involved in contacting and evaluating prospective student-athletes off campus or scouting opponents off campus and does not perform recruiting coordination functions (see Bylaw 11.7.2).

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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- 9.28.16- 17.02.8- Joint Practice Session

The Ocean State University and James River Institute volleyball teams were playing in the same tournament earlier this week. Both teams are not flying home until later tonight, so the coaches would like to have a joint practice session this morning.

Which of the following is true regarding a joint practice session?

A. The joint practice session will count as an intercollegiate competition
B. It is not permissible for two institutions to participate in a joint practice session
C. The joint practice session only counts as an intercollegiate competition if score is kept
D. None of the Above

The answer is A. NCAA Bylaw 17.02.8 states that intercollegiate competition is considered to have occurred when a student-athlete in either a two-year or a four-year collegiate institution does any of the following: (Revised: 1/10/91, 1/16/93, 1/11/94, 1/10/95)

(a) Represents the institution in any contest against outside competition, regardless of how the competition is classified (e.g., scrimmage, exhibition or joint practice session with another institution’s team) or whether the student is enrolled in a minimum full-time program of studies;

(b) Competes in the uniform of the institution, or, during the academic year, uses any apparel (excluding apparel no longer used by the institution) received from the institution that includes institutional identification; or

(c) Competes and receives expenses (e.g., transportation, meals, room or entry fees) from the institution for the competition.

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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- 9.26.16- 12.8.3.1.4- Fundraising Events and Season of Competition

Tin Cup is a freshman golf student-athlete at Ocean State University (OSU). Tin and his teammates are going to participate in the annual OSU golf program fundraiser event this weekend. The coach was planning on having Tin redshirt during the 2016-17 academic year, so if Tin participates in the fundraising event with the other student-athletes, coaches and boosters, will he have utilized a season of competition?

 
No with conditions. NCAA Bylaw 12.8.3.1.4 states that a student-athlete may engage in outside competition in either one alumni game, one fundraising activity or one celebrity sports activity during a season without counting such competition as a season of competition, provided the event is exempted from the institution’s maximum number of contests or dates of competition as permitted in the particular sport per Bylaw 17. (Adopted: 1/16/10 effective 8/1/10, Revised: 7/31/14)

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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- 9.22.16- 13.4.1.5, 13.4.1.8- Materials Created for Recruiting Purposes

The men’s basketball coaches at Ocean State University (OSU) are putting together some materials to send to those recruits who will be visiting campus the next few weeks. One of the items they want to send is a video that was produced by the OSU admissions office that includes a virtual tour of the campus. The coaches, however, would like to add text to the background of the video to include the recruit’s name and the dorm he would likely be staying in as a student-athlete at OSU.

Is it permissible for the coaches to edit the video to include information specific to the recruit?

No. NCAA Staff Interpretation- 9/21/16- Text, Images or Video Layered for Recruiting Purposes With Otherwise Permissible Video (I)- states that if text, images or video are layered (e.g., superimposed in the background or foreground) for recruiting purposes with an otherwise permissible video, the resultant material is impermissible to show to, play for or provide to a prospective student-athlete because it constitutes video that has been created for recruiting purposes.

[References: NCAA Bylaws 13.4.1.4 (printed recruiting materials) 13.4.1.5 (electronic correspondence) 13.4.1.8 (video/audio materials)]

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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- 9.21.16- 14.3.1.2- Academic Redshirts

Allee Oop is a basketball student-athlete at Ocean State University (OSU). Allee’s high school academic record left her a little short of meeting NCAA Initial Eligibility requirements. Consequently she has been deemed an academic redshirt. Which of the following is true?

A. Allee is permitted to receive athletic aid from OSU.
B. Allee is permitted to practice during the first term of residence at OSU
C. Allee is permitted to compete for OSU during her first term of residence.
D. Both A and B

The answer is D. NCAA Bylaw 14.3.1.2 states that an academic redshirt may receive institutional athletically related financial aid but may not compete during the first academic year in residence. An academic redshirt may practice only on campus or at the institution’s regular practice facility during the first regular academic term in residence. An academic redshirt must successfully complete nine semester or eight quarter hours of academic credit in each applicable regular academic term in order to be eligible for practice in the immediately subsequent term of his or her initial academic year of residence. An academic redshirt is defined as one who is a high school graduate and who presented the same academic qualifications applicable to qualifiers (see Bylaw 14.3.1.1) except for the following: (Adopted: 10/27/11, Revised: 4/26/12 effective 8/1/16 for student-athletes initially enrolling full time in a collegiate institution on or after 8/1/16)

(a) The required minimum cumulative grade-point average and minimum combined score on the SAT critical reading and math sections or a minimum sum score on the ACT as specified in Bylaw 14.3.1.2.1;

(b) Bylaw 14.3.1.1-(c) shall not apply.

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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- 9.20.16- 14.5.1- Student-Athlete Serving a Year in Residence Sitting with Team During Competition

Line F. Scrimmage is a football student-athlete that transferred from Ocean State University to James River Institute for the fall 2016 semester. Although he is not eligible to compete while serving a year in residence, Line would like to feel like part of the team and stand on the sidelines during home games.

Is it permissible for Line to stand with the team on the sidelines during the game?

Yes with Conditions. NCAA Official Interpretation- 3/13/97- Transfers — Sitting With Team During A Contest– states that a transfer student-athlete who is fulfilling a residence requirement may sit with the institution’s team (e.g., on the bench, in the dugout, on the sidelines) during a contest in which the member institution’s team participates but is not permitted to dress in uniform for the contest.

[Note: Such a student-athlete may not receive expenses in conjunction with away-from-home contests.]

[References: 14.02.6 (intercollegiate competition); 14.5.1 (residence requirement — general principle); 16.8.1 (expenses provided by the institution for practice and competition — permissible); and IC 09/26/96, Item No. 2]

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION 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.