Daily Compliance Item- 3.23.17- 17.1.5, 17.1.5.1- Mandatory Medical Exams

The athletic trainers at Ocean State University (OSU) would like to have all of the 2016-17 NLI signees undergo the required mandatory medical exams prior to arriving on OSU’s campus for summer school and/or preseason practice.

Can OSU pay the expenses associated with these exams?

Yes with conditions. NCAA Staff Interpretation- 3/23/16- Staff Interpretation Expenses Related to Mandatory Medical Examination and Sickle Cell Solubility Test (I)- states that an institution may pay the cost of a mandatory medical exam or sickle cell solubility test for 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 after the institution has received his or her financial deposit in response to its offer of admission.

[References: NCAA Bylaws 13.02.12.1 (exception — after commitment), 13.2.1 (general regulation), 17.1.5 (mandatory medical examination) and 17.1.5.1 (sickle cell solubility test)]

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- 3.22.17- NCAA Proposal 2016-114- Study-Abroad Programs

With the adoption of NCAA Proposal 2016-114, student-athletes will be permitted to participate in a study-abroad program (as regulated by their institutions) and exempt that time from counting against their five-year clock. When applying this new legislation, which of the following is true?

A. This legislated exception only applies to a regular academic term, not the summer.

B. If a student-athlete participates in a study-abroad program, the institution may replace that student-athlete’s scholarship with another student-athlete already on the team.

C. Student-Athletes are not permitted to participate in outside competition while participating in the study-abroad program.

D. All of the Above.

The answer is D. The following bylaws are associated with this new legislation. There are a lot of moving parts to this exception, so institutions will need to educate their coaches and student-athletes to make sure they understand all the parameters associated with qualifying for the exception with regard to the student-athlete’s eligibility and financial aid.

NCAA Bylaw 12.8.1.3 Academic Study Abroad Exception. Time spent participating in a full-time study-abroad program during a regular term of an academic year may be excepted from the application of the five-year rule, provided:

(a) The institution recognizes the student-athlete as a full-time student at the time he or she participates in the study-abroad program;

(b) At the time of participation in the study-abroad program, the student-athlete is academically eligible for competition and is not subject to an athletically related suspension;

(c) The student-athlete does not participate in practice or competition with the institution’s team and does not engage in outside competition while participating in the study-abroad program;

(d) The student-athlete satisfactorily completes the study-abroad program; and

(e) The student-athlete earns a baccalaureate degree within five years or fewer.

NCAA Bylaw 15.5.2.5 Academic Study Abroad Replacement. A student-athlete who is participating in a full-time study abroad program pursuant to Bylaw 12.8.1.3 may be replaced as a counter for the term or terms of participation by a student who already has enrolled in the institution and is a member of the team.

NCAA Bylaw 5.5.3.2.4.4 Academic Study Abroad Exception. All countable financial aid of a student-athlete who is participating in a full-time study-abroad program pursuant to Bylaw 12.8.1.3 is exempt from an institution’s equivalency computation. Countable financial aid in an amount equal to the countable financial aid provided to the participating student-athlete may be provided to a student who already has enrolled in the institution and is a member of the team for the term or terms of participation in the study-abroad program.

NCAA Bylaw 15.5.6.3.10 Academic Study Abroad Replacement. A student-athlete who already has enrolled in the institution and is a member of the team may replace a counter who is participating in a full-time study abroad program pursuant to Bylaw 12.8.1.3 for the term or terms of participation without being counted as an initial counter.

NCAA Bylaw 15.5.6.4.3 Academic Study Abroad Replacement. A student-athlete who is participating in a full-time study abroad program pursuant to Bylaw 12.8.1.3 may be replaced as a counter for the term or terms of participation by a student who already has enrolled in the institution and is a member of the team.

NCAA Educational Column- Proposal No. 2016-114 Athletics Eligibility — Five-Year Rule — Exception — Study Abroad Programs (I)– provides further clarification on the correct application of the legislation.

This document contains questions and answers to assist the NCAA membership in its understanding of Proposal No. 2016-114 (study abroad programs).

Eligibility.

Question No. 1: What does “satisfactorily completes” the study abroad program mean (e.g., a letter grade or pass fail)?

Answer: Satisfactory completion of the study abroad program is determined by the member institution. It must be completed in accordance with policies and procedures for completion of a study abroad program for all students at the institution.

Question No. 2: What happens if the student-athlete does not satisfactorily complete the study abroad program?

Answer: The exception to the five-year rule cannot be used if the study abroad program is not satisfactorily completed.

Question No. 3: Does the length of the program matter (e.g., two weeks, month or semester)?

Answer: Yes. In order for the exception to apply the student-athlete must participate in the study abroad program for an entire regular academic term or terms.

Question No. 4: Does the term matter (e.g., fall, spring or summer)?

Answer: Yes. In order to satisfy the legislation, the study abroad program must occur during a regular academic term or terms (i.e., fall/winter/spring semester or quarter).

Question No. 5: How does the legislation apply to a summer study abroad program?

Answer: No. The legislation does not apply to a summer study abroad program. Such a program would not be exempted from a student-athlete’s five-year period.

Question No. 6: Must the student-athlete’s participation in the study abroad program occur during the term that is the championship segment?

Answer: No. The exception may apply during a term that is either the championship or nonchampionship segment.

Question No. 7: May a student-athlete participate on an outside team while studying abroad?

Answer: No. A student-athlete is prohibited from participating on an outside team while studying abroad.

Question No. 8: May the legislation be applied to both domestic and international institutional study abroad programs?

Answer: Yes, provided the other criteria of the legislation are satisfied.

Question No. 9: Must the study abroad program be conducted by the student-athlete’s institution?

Answer: No. However, the study abroad program must be completed in accordance with normal institutional policies and procedures and the student-athlete must be recognized as a full-time student at the student-athlete’s institution.

Question No. 10: May an institution pay the study abroad cost at another institution?

Answer: No, an institution may not provide financial aid to a student-athlete to attend another institution.

Question No. 11: When must the study abroad program be completed?

Answer: The study abroad program must be completed in accordance with normal institutional policies and procedures.

Question No. 12: Does this legislation apply to student-athletes who are serving an academic year of residence (i.e., transfer student-athlete or nonqualifier) at the institution?

Answer: A nonqualifier or transfer student-athlete who is serving an academic year of residence is not academically eligible for competition, so the legislation would not apply.

Financial Aid.

Question No. 13: May a school reduce or cancel future financial aid if a student-athlete does not satisfactorily complete the study abroad program?

Answer: Current financial aid legislation applies regarding the reduction or cancellation of athletically related financial aid (15.3.4.2 Reduction or Cancellation Permitted).

Question No. 14: How are multiyear agreements affected when a student-athlete is used as a replacement for when another student-athlete is studying abroad?

Answer: A student-athlete’s multiyear agreement remains the same after the student-athlete returns to the team. This legislation does not impact the timing of or continuing effect of a multiyear agreement.

Question No. 15: If a second year student-athlete who had not previously received athletically related financial aid remains on aid after being used as a replacement counter due a study abroad replacement, must the institution retroactively apply counter status to the previous year?

Answer: No. The counter status does not have to be retroactively applied.

Question No. 16: May the student-athlete who is participating in a full-time study abroad program be replaced as a counter by an incoming student-athlete?

Answer: No. The student-athlete who is participating in a full-time study abroad program may be replaced as a counter only by a student-athlete who was enrolled full time in the previous regular academic term and who participated with the team in the previous regular academic term.

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- 3.21.17- 17.31.1.7- Competing Unattached

Free Style is a men’s swimming student-athlete at Ocean State University (OSU). Since OSU’s season is over, Free would like to swim in a few meets as an unattached competitor to get ready for a few international meets this summer. Is this permissible?

Yes with conditions. NCAA Bylaw 17.31.1.7 states that it is permissible for a student-athlete to participate in outside competition as an individual during the academic year in the student-athlete’s sport, as long as the student-athlete represents only himself or herself in the competition and does not engage in such competition as a member of or receive expenses from an outside team.

NCAA Educational Column- 11/17/05- Competing Unattached in Individual Sports– provides a some clarification on what constitutes competing unattached:

Q: Is it permissible for an institution to provide expenses (e.g., meals, entry fee, lodging) for a student-athlete to compete unattached, when that student-athlete is not representing the institution in competition (e.g., ineligible or “redshirting”)?

A: When a student-athlete competes unattached (i.e., competes as an individual, representing only himself or herself) in any competition, the institution may not provide any expenses to the participating student-athlete. The student-athlete is considered to be representing the institution in outside competition when provided expenses from the institution. This includes the institution providing transportation (e.g., individual riding on team bus to competition) to an unattached participant.

Q: May an unattached student-athlete wear the uniform of the institution?

A: No. Wearing the uniform of the institution constitutes representation of the institution; therefore, the student-athlete, by rule, would not be considered to be competing unattached if he or she were wearing the institution’s uniform. If the student-athlete triggers NCAA Bylaw 14.02.6 (intercollegiate competition), the student-athlete must be eligible to represent the institution in outside competition.

Q: Is the institution permitted to provide athletics training support prior to and after the match for student-athletes who are competing unattached?

A: No. As a general rule, such expenses may not be provided by the institution when the student-athlete is competing unattached. The provision of such services constitutes the receipt of expenses related to the competition. If the trainer (or other service provider) has been designated by the competition host to provide services to all participants; however, such services may be provided to the unattached student-athletes.

Q: Is it permissible for institutional coaches to provide coaching and instruction to an unattached student-athlete during competition?

A: No. A student-athlete who receives coaching or instruction (e.g., technique, comments related to performance, suggestions) from his or her coach while competing in an individual competition is considered to be representing the institution. As a result, the student-athlete must be eligible to represent the institution and such participation would constitute the use of one of the four seasons of competition. Further, institutional coaching staff members may not direct participating student-athletes to engage in coaching or instructional activities with student-athletes from the same institution who are competing unattached. [Note: A coaching staff member may engage in coaching activities with a student-athlete during the student-athlete’s participation in established national championship events (including junior national championships and Olympic, Pan American, World Championships, World Cup and World University Games qualifying competition.]

Q: Is it permissible for a sports club to provide expenses (e.g., travel, meals, lodging, uniform) to an individual competing unattached?

A: A student-athlete is permitted to receive actual and necessary expenses from an amateur team only when representing such a team in competition. If a student-athlete receives expenses from a club team, he or she would be representing that club team, as opposed to being considered unattached. It is important to note that in Division I sports other than basketball, a student-athlete may not represent an outside team (note exceptions in Bylaw 14.7.3.1) in competition during the academic year, except during vacation periods outside of the declared playing and practice season. In NCAA Divisions II and III, a student-athlete is permitted to represent an outside team at any time provided the competition takes place outside the declared playing and practice season. Thus, if the student-athlete is competing unattached (i.e., not representing the institution or any other team), all expenses must be self-funded, unless an exception exists (e.g., national team competition). Please note that Divisions I and II coaching staff members shall not be involved in any capacity, including coaching or as an administrator, during the academic year, with a club team that includes student-athletes from their own team. In Division III, an institutional coaching staff member may not be involved with a wrestling club team that includes their own student-athletes at any time, including outside the academic year. [Bylaws 12.1.1.1.4.3 (Divisions I/II/III); 14.7.1 and 17.30.9.1.2.1 (Divisions I/II); 14.7.1.3 (Division I); 14.7.1.1.1 and 14.7.3.4 (Division II); 14.7.2.5 and 17.30.8.1.1 (Division III)].

Q: May an unattached student-athlete’s institutional affiliation be identified in any manner (e.g., in a program, by an announcer)?

A: Identification of the unattached student-athlete’s institutional affiliation, in and of itself, does not constitute representation of the institution in intercollegiate competition; however, it is advisable that the unattached student-athlete’s participation is clearly defined as being independent of the institution in order to avoid any confusion related to the student-athlete’s participation.

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- 3.17.17- 16.8.1.1- Incidental Money at NCAA Championships

MARCH MADNESS

Ocean State University (OSU) men’s basketball team is participating in the first and second rounds of the NCAA Tournament this weekend. OSU would like to provide incidental money to the student-athletes traveling to the tournament while they are at the competition site.

Is this permissible?

Yes with conditions. NCAA Bylaw 16.8.1.1 states that an institution may provide $30 per day to each member of a team to cover unitemized incidental expenses during travel and practice for NCAA championship events or national governing body championship events in emerging sports, during a period limited to the maximum number of days of per diem allowed for the involved championship or, for postseason bowl games, for a period not to exceed 10 days. The $30 per day may be provided only after the team departs for or reports to the site of the championship or postseason bowl contest. [R] (Adopted: 10/21/13, Revised: 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- 3.16.17- 11.6.1- Student-Athletes Observing NCAA Tournament Games

March Madness

The Ocean State Men’s Basketball team will be participating in the NCAA tournament on Friday. They do not play until the evening session, so a few of the student-athletes would like to go watch some of the earlier games to see the teams they could play later on in the tournament.

Is this permissible?

Yes. NCAA Staff Interpretation- 3/17/14- Institution’s Team Observing Opponent’s Competition (I) – states that it is not permissible for an institution to pay expenses for the institution’s team to scout a future opponent as entertainment in conjunction with practice or competition. However, it is permissible for an institution’s team to observe future opponents participating in the same event at the same site, even if there are expenses associated with the observation.

[References: NCAA Bylaws 11.6.1 (off-campus, in-person scouting prohibition); 16.7 (entertainment in conjunction with practice or competition); and staff interpretation (09/27/13, Item No. e, which has been archived)]

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- 3.14.17- 10.02.1- Sports Wagering

MARCH MADNESS!

With this week commencing NCAA postseason basketball tournaments, all institutional/conference staff members (including full-time, part-time, and student workers) are reminded that it is not permissible to engage in any gambling activity that involves intercollegiate athletics or professional athletics, through the internet, a bookmaker, a parlay card, or any other method employed by organized gambling.

This prohibition also includes participation in all (e.g., NCAA, NIT) Tournament Bracket sheets in which an entry fee is required and money or any item of tangible value may be won. Previous NCAA major infractions cases involving staff members’ participation in organized gambling activities have resulted in a number of institutional corrective actions, including termination of employment.

For more information concerning sports wagering, please visit the NCAA’s interactive sports wagering website at http://www.dontbetonit.org.

NCAA Bylaw 10.02.1 Sports Wagering
Sports wagering includes placing, accepting or soliciting a wager (on a staff member’s or student-athlete’s own behalf or on the behalf of others) of any type with any individual or organization on any intercollegiate, amateur or professional team or contest. Examples of sports wagering include, but are not limited to, the use of a bookmaker or parlay card; Internet sports wagering; auctions in which bids are placed on teams, individuals or contests; and pools or fantasy leagues in which an entry fee is required and there is an opportunity to win a prize. (Adopted: 4/26/07 effective 8/1/07)

NCAA Bylaw 10.02.2 Wager
A wager is any agreement in which an individual or entity agrees to give up an item of value (e.g., cash, shirt, dinner) in exchange for the possibility of gaining another item of value. (Adopted: 4/26/07 effective 8/1/07)

NCAA Bylaw 10.3 SPORTS WAGERING ACTIVITIES

The following individuals shall not knowingly participate in sports wagering activities or provide information to individuals involved in or associated with any type of sports wagering activities concerning intercollegiate, amateur or professional athletics competition: (Adopted: 4/26/07 effective 8/1/07)

(a) Staff members of an institution’s athletics department;
(b) Non-athletics department staff members who have responsibilities within or over the athletics department (e.g., chancellor or president, faculty athletics representative, individual to whom athletics reports);
(c) Staff members of a conference office; and
(d) Student-athletes.

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- 3.13.17- 11.6.1- Scouting at NCAA Tournament First Four Games

MARCH MADNESS

NCAA MEN’S BASKETBALL TOURNAMENT- SCOUTING

Now that the tournament bracket has been set for the NCAA Men’s Basketball Tournament, here is a reminder regarding coaches scouting the four first round games being played on March 14-15 in Dayton, OH. Although Bylaw 11.6.1 does allow an institution’s coaching staff to scout since the teams are considered potential opponents, not future opponents, there is a rule in the men’s basketball championship policies that precludes scouting during the first round games in Dayton.

Coaches’ Scouting Seats – First Four Games- No in-person scouting of any games in Dayton are permissible either by the teams playing in Dayton, or by the teams which the Dayton winners will play in the First Round. Therefore, no scouting seats are set aside courtside at the First Four.

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.