Daily Compliance Item- 10.20.16- 12.3.1.2, 12.3.1.3- Agents and Benefits

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 12.3.1.2 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 12.3.1.3 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
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- 10.19.16- 17.1.7.2.2, 17.3.3.1 (a)- Conducted in Privacy and Conducted in the View of a General Public Audience

DID YOU KNOW…

There is a difference in the standards of “conducted in privacy” and “conducted in view of a general public audience

To satisfy the standard of “conducted in privacy” an institution must ensure that no one from the general public can view the scrimmages. The facility where the scrimmage is occurring must be closed to the general public and the department of athletics must keep anyone from the general public from entering the gym. Further, the legislation specifically requires an institution to ensure that no one other than department of athletics staff members and those individuals necessary to conduct the practice scrimmage are present.

An institution wants to host an informal men’s basketball scrimmage. Which is the correct standard to apply?

A. Conducted in privacy
B. Conducted in view of a general public audience

The answer is A.

With regard to “conducted in view of a general public audience”and skill-related instruction, the intent of the legislation is to prohibit institutions from creating special activities or events in conjunction with skill-instruction sessions as a way of creating the appearance of full-fledged practice outside of the playing season or creating a celebrity atmosphere during prospective student-athletes’ campus visits.

The legislation does not require complete privacy during skill-related instruction; however, it requires that institutions do not schedule or conduct the sessions in a way in which they become spectator events.

True or False… A member of the general public may walk into a facility and watch skill-related instruction?

The answer is True. A member of the general public could walk into a facility where a team is involved in skill-related instruction on his or her own without the instruction being considered in view of a general public audience. However, an institution could not arrange to conduct skill-related instruction in a facility or at a time in which the institution had reason to believe that the skill instruction session would be conducted in view of a general public audience. For example, it would not be permissible for an institution to conduct skill instruction for its basketball team on the football field immediately following a home football game. This situation would constitute conducting skill-related instruction in view of a general public audience.

NCAA Educational Column- 11/4/14- Viewing Skill-related Instruction Sessions and Informal Basketball Practice Scrimmages (I)- states that NCAA Division I institutions should note that in accordance with NCAA legislation regarding skill instruction and practice scrimmages, an institution may not publicize skill-related instruction that occurs outside the playing season and informal practice scrimmages in basketball. Also, an institution may not conduct skill-related instruction sessions in view of a general public audience. Informal practice scrimmages in basketball must be held in complete privacy.

The following questions and answers are designed to assist member institutions in applying the legislation regarding the viewing of skill-related instruction that is permissible outside the playing season in all sports other than football and informal practice scrimmages in basketball:

Question No. 1: May prospective student-athletes view skill-related instruction while on official or unofficial visits?

Answer: Yes. It is permissible for prospective student-athletes to view skill-related instruction during official or unofficial visits, provided the skill-instruction has not been publicized and is not held in view of a general public audience.

Question No. 2: May individuals accompanying prospective student-athletes on official or unofficial visits (e.g., parent, sibling, coach) view skill-related instruction?

Answer: Yes. It is permissible for individuals accompanying prospective student-athletes on official or unofficial visits to view skill-related instruction, provided the skill instruction has not been publicized and is not held in view of a general public audience.

Question No. 3: May an institution invite individuals (e.g., boosters, high school coaches) to watch a team’s skill-related instruction or in basketball, an informal practice scrimmage?

Answer: No, if an institution were to invite an individual or individuals to a skill-related instruction session or an informal practice scrimmage it would be considered publicizing the activity, which is prohibited by the legislation.

Question No. 4: May a member of the general public walk into a facility and watch skill-related instruction?

Answer: Yes. A member of the general public could walk into a facility where a team is involved in skill-related instruction on his or her own without the instruction being considered in view of a general public audience. However, an institution could not arrange to conduct skill-related instruction in a facility or at a time in which the institution had reason to believe that the skill instruction session would be conducted in view of a general public audience. For example, it would not be permissible for an institution to conduct skill instruction for its basketball team on the football field immediately following a home football game. This situation would constitute conducting skill-related instruction in view of a general public audience.

Question No. 5: May prospective student-athletes in basketball view an informal practice scrimmage while on official or unofficial visits?

Answer: Yes. Basketball prospective student-athletes (and those individuals accompanying the prospective student-athlete) are permitted to view informal practice scrimmages while on an official or unofficial visit.

Question No. 6: What is the difference between the standards of “conducted in privacy” and “conducted in view of a general public audience”?

Answer: Informal practice scrimmages in basketball must be conducted in privacy. To satisfy this standard, an institution must ensure that no one from the general public can view the scrimmages. The facility where the scrimmage is occurring must be closed to the general public and the department of athletics must keep anyone from the general public from entering the gym. Further, the legislation specifically requires an institution to ensure that no one other than department of athletics staff members and those individuals necessary to conduct the practice scrimmage are present.

In contrast, the legislation regulating skill-related instruction specifies that skill related instruction sessions shall not be conducted in view of a general public audience. The intent of the legislation is to prohibit institutions from creating special activities or events in conjunction with skill-instruction sessions as a way of creating the appearance of full-fledged practice outside of the playing season or creating a celebrity atmosphere during prospective student-athletes’ campus visits.

The legislation does not require complete privacy during skill-related instruction; however, it requires that institutions do not schedule or conduct the sessions in a way in which they become spectator events. [References: NCAA Bylaws 17.1.7.2.2 (skill instruction — sports other than baseball and football), 17.1.7.2.3 (skill instruction — baseball), 17.3.3.1-(a) (practice scrimmage), 17.3.5.3-(h) (practice scrimmage), and staff interpretation (3/15/2013)]

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- 10.18.16- 14.4.3.1.7- Degree Applicable Hours

End A. Round is a football student-athlete at Ocean State University. End is beginning his 3rd academic year and has chosen to major in Health Sciences. End is enrolled in 14 hours this term but unfortunately is not doing well in Biology 2. This course is required for his degree program and must be completed with a grade of “C” or better. End is not able to drop the course because it would put him below full-time status.

For purposes of this scenario, let’s assume End has 6 unused hours of free electives within his degree program requirements.

Which of the following is true?

A. End can use the credits earned in this course as a free elective if he earns a “D” but cannot use the credits to fulfill this particular degree requirement.
B. End cannot use the credits earned in this course as a free elective or toward fulfilling this particular degree requirement if he earns a “D”.
C. For purposes of certification, End may use the credits as a free elective or toward fulfilling this particular degree requirement even if he earns a grade of “D”.
D. None of the Above

The answer is B. NCAA Bylaw 14.4.3.1.7 states that the provision that the calculation of credit hours under the progress-toward-degree regulation shall be based on hours earned or accepted for degree credit at the certifying institution in a student-athlete’s specific baccalaureate degree program (see Bylaw 14.4.3.1) shall be met as follows: (Adopted: 1/14/97, Revised: 1/9/06 effective 8/1/06, 3/12/12)

(a) During the first two years of enrollment, a student-athlete may use credits acceptable toward any of the institution’s degree programs;

(b) By the beginning of the third year of enrollment (fifth semester or seventh quarter), a student-athlete shall be required to have designated a program of studies leading toward a specific baccalaureate degree. From that point, the credits used to meet the progress-toward-degree requirements must be degree credit toward the student’s designated degree program;

(c) A student-athlete who changes his or her designated degree program may comply with the progress-toward-degree requirements if:

(1) The change in programs is documented appropriately by the institution’s academic authorities;

(2) The credits earned prior to the change are acceptable toward the degree previously sought; and

(3) The credits earned from the time of the change are acceptable toward the new desired degree.

(d) Once a student-athlete has begun his or her third year of enrollment (fifth semester or seventh quarter), a course may not be used to fulfill the credit-hour requirements for meeting progress toward degree if the student ultimately must repeat the course to fulfill the requirements of the student’s major, even if the course fulfills an elective component of the student-athlete’s degree program.

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- 10.17.16- 12.5.2.1- Student-Athlete Endorsement of Political Candidate

Several student-athletes at Ocean State University have been very enthusiastic about this year’s Presidential race. With all of the limitations pertaining to student-athletes’ endorsements, are these student-athletes permitted to endorse their preferred candidate?
Yes with conditions. NCAA Staff Interpretation- 12/30/87- Student-athlete endorsement of political candidate- states that enrolled student-athletes could be involved in the endorsement of a political candidate provided the student-athletes receive no remuneration for their involvement and are not obligated to make any time commitments; suggested that the following disclaimer be utilized in any press releases containing their names:

“The student-athletes are acting as citizens of the state, and do not necessarily represent the views of their institutions of higher education or the NCAA.”

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- 10.14.16- 16.6.1.5- Snacks for Family Members

Flick is a field hockey student-athlete at Ocean State University (OSU). Flick’s birthday is this weekend, so the coaches would like to have snacks after the game on Saturday for the team and any family members that are in town for the game.
Is this permissible?

Yes. NCAA Bylaw 16.6.1.5 states that an institution may provide the family members of a student-athlete with reasonable food and drinks in conjunction with educational meetings or celebratory events (e.g., senior night) and on an occasional basis for other reasons. [R] (Adopted: 4/27/00 effective 8/1/00, Revised: 4/25/02 effective 8/1/02, 1/16/10, 1/19/13 effective 8/1/13, 8/7/14)

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- 10.13.16- 17.3.2.1- Men’s Basketball Pre-Season Practice

The men’s basketball coaches at Ocean State University (OSU) are planning out the pre-season schedule. A couple of the student-athletes have a lab during the scheduled practice time on thursday. If those student-athletes practice on a different day, will that day count against OSU’s 30 practice dates?
Yes. NCAA Bylaw 17.3.2.1 states that an institution shall not commence on-court preseason basketball practice sessions before the date that is 42 days before the date of the institution’s first regular-season contest. An institution shall not engage in more than 30 days of countable athletically related activities before its first regular-season contest. Any countable athletically related activities (e.g., conditioning, skill-related instruction) that occur within the 42-day period shall count against the 30 days of countable athletically related activities. (Revised: 4/28/05 effective 8/1/05, 1/14/08 effective 8/1/08, 5/2/13 effective 8/1/13, 1/15/14)
Please note the reference to “team” in the rationale of NCAA Proposal 2011-85. The NCAA has confirmed that the 30 designated practice days cannot apply to individual student-athletes.
The most recent modification to the first permissible contest date in men’s basketball reduced the number of preseason practice opportunities by up to seven days. This proposal allows the number of practice days in men’s basketball to remain at a maximum of 30, which is generally consistent with the number of practice opportunities permitted prior to the adoption of the current legislation. Additionally, this proposed flexible preseason practice schedule permits coaches to best use practice and off days to benefit student-athletes prior to the first contest. While the existing preseason practice schedule essentially dictates that practice must occur during every possible day, the flexible approach offered in this proposal provides each coach with the ability to determine when to use the practice opportunities depending on the team’s needs and the academic calendar. For example, a coach may provide the team with days off to study for midterm exams, to take advantage of fall vacation periods or to recover from injuries.

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- 10.12.16- 13.6.7.5- Student Host Money

The Ocean State University women’s soccer team hosted two prospective student-athletes last night on official visits. Several of the student-athletes on the team attended a Halloween party, so the recruits went with them. Everyone was supposed to wear a costume, so the student hosts took the recruits to the campus bookstore and bought them t-shirts with the student host money.

Was it a violation for the student hosts to use their host money to buy t-shirts to be used as Halloween costumes?

Yes. NCAA Bylaw 13.6.7.5 Student Host states that the student host must be either a current student-athlete or a student designated in a manner consistent with the institution’s policy for providing campus visits or tours to prospective students in general. The institution may provide the following to a student host entertaining a prospective student-athlete: [R] (Revised: 1/10/90 effective 8/1/90, 1/10/92, 1/9/96 effective 8/1/96, 10/28/97, 11/1/00, 8/5/04, 5/12/05, 4/27/06, 2/23/09, 4/26/12 effective 8/1/12, 6/16/15, 1/15/16 effective 8/1/16)

(a) A maximum of $40 for each day (24-hour period) of the visit (maximum of $80 for two 24-hour periods) to cover all actual costs of entertaining the student host(s) and the prospective student-athlete and up to four family members accompanying the prospective student-athlete, excluding the cost of meals and admission to campus athletics events. The cost of entertainment of the institution’s athletics department staff members who accompany the prospective student-athlete is also excluded. If an athletics department staff member serves as the prospective student-athlete’s host, his or her entertainment costs must be included in the entertainment allowance. The entertainment allowance may not be used for the purchase of souvenirs, such as T-shirts or other institutional mementos. It is permissible to provide the student host with an additional $20 per day for each additional prospective student-athlete the host entertains;

(b) Complimentary meals, provided the student host is accompanying the prospective student-athlete during the prospective student-athlete’s official visit; and

(c) Complimentary admissions to campus athletics events, provided the student host is accompanying the prospective student-athlete to the events during the prospective student-athlete’s official visit.

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.