Daily Compliance Item- 3.31.17- 10.02.1, 10.02.2, 10.3- Student-Athlete Gambling Activities

A few of the men’s lacrosse student-athletes at Ocean State University (OSU) closely follow professional golf. These student-athletes decided to create a tournament pool for the Masters Championship that is being played next week. Each student-athlete will give $5 to enter this tournament pool, and the winner receives the pot of money at the conclusion of the tournament.

Since this tournament pool is not associated with the sport they participate in and the fact this was not advertised to anyone outside of the men’s lacrosse team, is it permissible for these student-athletes to engage in such an activity?

No. NCAA Bylaw 10.02.1 states that 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 states that 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 states that 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) Nonathletics 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.

Although this scenario was created for educational purposes, there have been recent violations associated with student-athletes participating in fantasy leagues and other gambling activities.

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- 3.30.17- WNBA Draft Reminders

Information Regarding Agents, Tryouts and the 2017 Women’s National Basketball Association Draft

Six Points to Remember:

You will lose your eligibility IF:

1. You agree orally or in writing to be represented by an agent or any individual acting on behalf of the agent (e.g., runner).

2. You accept any benefits from an agent, a prospective agent or any individual acting on behalf of the agent (e.g., runner).

3. You participate in a tryout with a professional team that lasts longer than 48 hours, which you have not personally financed.

4. You tryout with a professional team during the academic year and miss class.

5. You enter the draft AND do not take the appropriate steps to withdraw and declare your intention to resume intercollegiate participation.

6. You enter the draft AND are drafted by a professional team.

Key Dates:

NCAA Women’s Final Four (Dallas, Texas): March 31 and April 2, 2017.

WNBA Draft: April 13, 2017.

Frequently Asked Questions:

1. Who is eligible for the WNBA Draft?

Per WNBA eligibility requirements the following individuals are eligible:

a. An individual who will be at least 22 years old during the calendar year in which such draft is held and either has no remaining intercollegiate eligibility or renounces her remaining intercollegiate eligibility by written notice to the WNBA at least 10 days prior to such draft;

b. An individual who has graduated from a four-year college or university prior to such draft, or “is to graduate” from such college or university within the three-month period following such draft and either has no remaining intercollegiate eligibility or renounces her remaining intercollegiate eligibility by written notice to the WNBA at least 10 days prior to such draft; or [Note: “Is to graduate” shall mean that such player would graduate from the college or university she is currently enrolled in if she were to successfully complete the coursework she
is enrolled in at the time of such draft and such course load is commensurate with the previous course loads she has successfully completed.]

c. An individual who has attended a four-year college or university, her original class in such college or university has already been graduated or “is to graduate” within the three-month period following such draft, and she either has no remaining intercollegiate eligibility or renounces her remaining intercollegiate eligibility by written notice to the WNBA at least 10 days prior to such draft. [Note: “Is to graduate” shall mean that the majority of the students in
such class would graduate from such college or university upon successful completion of the coursework the members of such class are enrolled in at the time of such draft.]

Timing rule for renouncing if you are otherwise eligible but still playing in the tournament. Any player who: (1) is competing in the NCAA Tournament during the period that begins ten days prior to the draft; (2) has remaining intercollegiate eligibility beyond the then-current NCAA season; and (3) is otherwise eligible for the draft, may make herself eligible for the draft by renouncing her remaining intercollegiate eligibility within the period beginning at the conclusion of her final NCAA game and ending twenty-four hours thereafter (but in no event later than three hours prior to the draft).

2. Can my college coach assist with the arranging and scheduling of a professional team workout/tryout on or off campus during the academic year?

YES! It is permissible for a student-athlete’s institutional coach to assist in the arranging for a student-athlete to engage in a professional tryout that occurs on or off campus; however, it is not permissible for a coach to assist in conducting or be present at such workouts/tryouts. [Note: WNBA guidelines do not permit teams to work out players prior to the WNBA draft.]

3. Can professional teams pay for my private workouts/tryouts?

YES! You may tryout with a professional team if you are enrolled full time, provided you do not miss class. You may receive actual and necessary expenses from the professional team in conjunction with one 48-hour tryout per team. The 48-hour tryout period begins when you arrive at the tryout location. At the completion of the 48-hour period you must depart the location of the
tryout immediately in order to receive return transportation expenses. [Note: WNBA guidelines do not permit teams to work out players prior to the WNBA draft.]

4. Can any other individual (e.g., agent, runner or “advisor”) pay for my private workouts/tryouts with professional teams?

NO! Unless a professional team pays for your expenses in conjunction with a private workout or tryout, you and your family are responsible for paying all expenses associated with any tryouts as they are incurred. [Note: WNBA guidelines do not permit teams to work out players prior to the WNBA draft.]

5. Can I pay for my own private workouts/tryouts with professional teams?

YES! A tryout may extend beyond 48 hours if the individual self-finances additional expenses, including return transportation. A self-financed tryout may be for any length of time, provided you don’t miss class. [Note: WNBA guidelines do not permit teams to work out players prior to the WNBA draft.]

6. What is an “agent” according to NCAA rules?

An agent is any individual who, directly or indirectly:

a. Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain; or

b. Seeks to obtain any type of financial gain or benefit from securing a prospective studentathlete’s enrollment at an educational institution or from a student-athlete’s potential earnings as a professional athlete.

7. Am I allowed to have any type of agreement with an agent?

NO! You are not permitted to have a written or oral agreement with an agent or anyone who is employed by or acting on behalf of an agent or sports agency (i.e., “runner”) while enrolled at a collegiate institution. Once you have exhausted your collegiate eligibility, you are permitted to have an agreement with an agent.

8. What is an “oral agreement” with an agent?

An oral agreement occurs if you verbally agree to have an agent perform any services (e.g., providing any expenses related to tryouts, arranging disability insurance, etc.) on your behalf OR you have knowledge that an agent is performing such services.

9. Is an agent allowed to contact teams on my behalf to arrange private workouts or tryouts?

NO! You cannot have an agent arrange a private workout/tryout with any professional or WNBA team.

10. Can my family members or other individuals who are associated with me as a result of playing basketball (e.g., high school coach, summer basketball coach, etc.) have an agreement with an agent to perform services on my behalf?

NO! Family members and other individuals are not permitted to enter into any agreements with an agent on your behalf.

11. Am I allowed to have an agreement with an agent if it is for future representation?

NO! You are not permitted to agree to a future representation agreement with an agent.

12. Is an agent allowed to provide me any benefits?

NO! You, your family, or your friends are not permitted to receive any benefits from an agent. Examples of material benefits include money, transportation, dinner, clothes, cell phones, jewelry, etc. However, benefits may also include, but are not limited to, activities such as tryout arrangements with a professional team and coordinating tryout schedules.

13. Am I permitted to have an advisor during this process?

YES! You are permitted to have an advisor provided the advisor does not market you to WNBA or professional teams. However, it is not permissible for the advisor to contact teams on your behalf to arrange private workouts or tryouts. [Note: If you receive assistance from an advisor, you must compensate the advisor in an amount equal to the value of the services he or she provides you; furthermore, you may not receive such services at a free or reduced rate without jeopardizing your eligibility, regardless of whether the advisor does not typically charge clients for such services.]

14. Can an institution cancel my athletics scholarship if I have an agreement with an agent?

YES! An institution is permitted to rescind your athletics scholarship if you have an agreement with an agent.

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- 3.28.17- NBA Draft Reminders

IMPORTANT MEN’S BASKETBALL NBA DRAFT / ELIGIBILITY REMINDERS:

Seven Points to Remember:

A men’s basketball student-athlete will lose his eligibility IF:

1. He agrees orally or in writing to be represented by an agent or any individual acting on behalf of the agent (e.g., runner).

2. He accepts any benefits from an agent, a prospective agent or any individual acting on behalf of the agent (e.g., runner).

3. He participates in a tryout with an NBA team that lasts longer than 48 hours, which he has not personally financed (exception for the draft combine).

4. If he uses an advisor throughout the process and does not pay the going rate for the advising services.

5. If he participates in a tryout with a professional team during the academic year and misses class (exception for the draft combine).

6. If he enters the draft AND does not take the appropriate steps to withdraw and declare his intention to resume intercollegiate participation.

7. If he enters the draft AND is drafted by a professional team.

Key Dates:

April 14, 2017 NBA Undergraduate Advisory Committee, application deadline.

April 12-15, 2017 Portsmouth Invitational Tournament (Portsmouth, Virginia) (seniors only).

April 23, 2017 (11:59 P.M.) NBA early-entry candidate application deadline.

April 25, 2017 NBA teams can begin conducting or attending workouts with early-entry players.

April 28, 2017 Draft combine invitations (and player questionnaires) sent to invitees.

May 9-14, 2017 NBA draft combine (Chicago).
May 24, 2017 (10 Days after the Combine.) NCAA (post-combine) withdrawal deadline.

June 12, 2017 NBA early-entry withdrawal deadline.

June 22, 2017 NBA draft (New York).

Student-athletes who receive either type of invitation may workout with their coaches for a maximum of four hours per day and 20 hours per week from the date of receipt of the invitation until the date on which the student-athlete withdraws from the draft or 10 days after the conclusion of the draft combine, whichever is earlier.

The NBA will send a questionnaire to selected players who do not receive an invitation that asks whether they would participate in the draft combine, if invited. It is important to note that a questionnaire is not considered an invitation. As such, student-athletes with remaining eligibility who receive a questionnaire are not permitted to use the legislative exception that allows coaches to engage in countable athletically related activities (CARA) with student-athletes invited to the draft combine for up to four hours per day and 20 hours per week.
The NBA will notify directors of athletics, senior compliance administrators and head coaches of student-athletes who receive an invitation or questionnaire to help ensure that underclassmen are properly advised on what they need to do to retain their academic and amateur eligibility for participation at an NCAA Division I institution.

The NBA will send two types of invitations, (1) draft combine invitation without a requirement to participate in oncourt basketball activities and (2) Draft combine invitation with a requirement to fully participate, including on-court basketball activities.

Frequently Asked Questions:

1. Agents.

Question No. 1: What is an “agent” according to NCAA rules?

Answer No. 1: An agent is any individual who, directly or indirectly:

(1) Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain.

(2) Seeks to obtain any type of financial gain or benefit from securing A prospective student-athlete’s enrollment at an educational institution or from a student-athlete’s potential earnings as a professional athlete.

Question No. 2: May a student-athlete have any type of agreement with an agent?

Answer No. 2: NO! A student-athlete is not permitted to have a written or oral agreement with an agent, or anyone who is employed by or acting on behalf of an agent or sports agency (i.e., “runner”).

Question No. 3: May a student-athlete have an “oral agreement” with an agent?

Answer No. 3: NO! An oral agreement occurs if the student-athlete verbally agrees to have an agent marketing his basketball skills on his behalf OR the student-athlete has knowledge that an agent is performing such services.

Question No. 4: Is an agent allowed to contact teams on behalf of a student-athlete to arrange tryouts?

Answer No 4: NO! A student-athlete cannot have an agent arrange a tryout (or private workout) with an NBA team.

Question No. 5: Can a student-athlete’s family members or other individuals who are associated with him as a result of playing basketball (e.g., high school coach, summer basketball coach, etc.) have an agreement with an agent to perform services on his behalf?

Answer No. 5: NO! Family members and other individuals are not permitted to enter into any agreements with an agent on a student-athlete’s behalf.

Question No. 6: Is a student-athlete allowed to have an agreement with an agent if it is for future representation?

Answer No. 6: NO! A student-athlete is not permitted to agree to a future representation agreement with an agent.

Question No. 7: Is an agent allowed to provide a student-athlete any benefits?

Answer No. 7: NO! A student-athlete, his family or his friends are not permitted to receive any benefits from an agent. Examples of material benefits include money, transportation, dinner, clothes, cellphones, jewelry, etc. However, benefits
may also include, but are not limited to, activities such as tryout arrangements with a professional team and coordinating tryout schedules.

Question No. 8: Who is considered an advisor?

Answer No. 8: An advisor is an individual who provides services including, but not limited to, advising a student-athlete about the likelihood of being drafted, and
whom the student-athlete compensates in an amount equal to the services
provided. An advisor may not contact teams on a student-athlete’s behalf or
assist in the arrangement of a private workout or tryout.

Question No. 9: May a student-athlete have an advisor during this process?

Answer No. 9: YES, provided the advisor does not market the student-athlete to NBA teams. If the student-athlete is an undergraduate, he may also apply for an NBA Undergraduate Advisory Committee evaluation. This application must be
filed with the NBA no later than April 14, 2017. (See Who to Contact Section)

2. NBA Draft.

Question No. 1: Is a student-athlete allowed to enter the NBA Draft early?

Answer No. 1: YES! A student-athlete may enter a professional basketball league’s draft each year during his collegiate career without jeopardizing his eligibility,
provided he is not drafted by any team and declares his intention to resume
intercollegiate participation by May 24, 2017. This declaration must be in
writing to his director of athletics. However, the NBA Collective Bargaining Agreement only allows for an individual to remove his name from the draft a maximum of two times.

Question No. 2: May a student-athlete participate in the NBA draft combine in May?

Answer No. 2: YES! If invited, a student-athlete may participate in the NBA draft combine in May. (See key dates section.)

Question No. 3: Can the NBA pay for actual and necessary travel and room and board
expenses associated with participating in the Draft Combine?
Answer No. 3: YES! A student-athlete may accept actual and necessary travel, and room and board expenses from the NBA to attend the draft combine.

Question No. 4: When is the deadline to withdraw from the draft?

Answer No. 4: In order to remain eligible to compete at a Division I institution in
basketball, a student-athlete must withdraw his name from the draft by May
24, 2017. However, the NBA allows for a student-athlete to wait until June 12, 2017, before he must withdraw his name from the draft.

3. Workouts/Tryouts.

Question No. 1: Can a student-athlete’s college coach assist with the logistical issues associated with on-campus or off-campus workouts/tryouts (tryout) (e.g.,
arranging and scheduling of a professional team tryout) during the academic
year?

Answer No. 1: YES! It is permissible for a student-athlete’s institutional head coach to assist in the logistical arrangements for a student-athlete to engage in a
professional tryout that occurs on or off campus; however, it is not
permissible for a coach to direct or supervise such workouts/tryouts.
Question No. 2: Can an NBA team pay for a student-athlete’s private tryout with the team?

Answer No. 2: YES! In addition to being able to participate in the NBA draft combine in May, a student-athlete may also participate in a tryout with an NBA team, provided he does not miss class. The student-athlete may receive actual and
necessary expenses from the NBA team in conjunction with one 48-hour
tryout per team. The 48-hour tryout period begins when he arrives at the
tryout location. At the completion of the 48-hour period, the student-athlete
must depart the location of the tryout immediately in order to receive return
transportation expenses.

Question No. 3: Can an NBA team pay for a student-athlete’s training in preparation for my tryout with the team?

Answer No. 3: NO! A student-athlete and his family are responsible for paying all expenses associated with any training in preparation for a tryout with a team.

Question No. 4: Can any other individual (e.g., agent, runner or “advisor”) pay for a studentathlete’s tryouts or training in preparation for his tryouts with NBA teams?

Answer No. 4: NO! Unless an NBA team pays for your expenses in conjunction with a tryout, a student-athlete and his family are responsible for paying all
expenses associated with any tryouts as they are incurred.

Question No. 5: Can a student-athlete pay for his own tryouts with NBA teams?

Answer No. 5: YES! A tryout may extend beyond 48 hours if the individual self-finances additional expenses, including return transportation. A self-financed tryout may be for any length of time, provided the student-athlete doesn’t miss
class.

4. Athletics Scholarship.

Can an institution cancel a student-athlete’s athletics scholarship if he has an agreement with an agent?

YES! An institution is permitted to rescind a student-athlete’s athletics scholarship if he has an agreement with an agent.

5. Securing a Loan.

May a sports agent or booster play a role in securing a loan?

NO! A student-athlete may not allow a third party (including a sports agent, his institution’s athletics department staff members or boosters) to be involved in any arrangement for securing a loan. For example, a student-athlete may not allow a third party to play a role in securing a personal loan or a loan to pay for disability or loss of value insurance.

Helpful Tips:
• A student-athlete should keep his head coach and compliance coordinator informed of all activities during this process.

• A student-athlete should coordinate all activities himself in conjunction with his head coach or athletics department staff at his institution. He may receive the assistance of his family members, provided they are not working with any individual who is marketing the studentathlete’s athletics ability (e.g., contacting NBA teams, setting up tryouts with NBA teams).

• A student-athlete should remain enrolled in school and complete academic courses while “testing the waters.”

Who to Contact:
1. Apply to the NBA draft as an early entrant:
• Erika Ruiz
National Basketball Association
645 Fifth Avenue, 15th Floor
New York, NY 10022

OR

• Email to DraftMailbox@nba.com. The letter must be received by 11:59 p.m. Eastern time Sunday, April 23, 2017. As there is no mail delivery over the weekend, please be sure that it arrives sooner. Be sure that you date and sign your letter, and include your return address, school(s) that you play(ed) for, current year (i.e., sophomore, junior), date of birth and daytime contact
information (including cellphone number and e-mail). If the letter is not signed by hand, it will not be accepted. Once your letter has been received, an application will be sent to you, which should be promptly returned to Ms. Ruiz along with a clear photocopy of your proof of date of birth (i.e., driver’s license, passport, birth certificate).

2. Withdraw from the NBA draft:
• Mr. Adam Silver
Commissioner, National Basketball Association
Attention: Erika Ruiz
645 Fifth Avenue, 15th Floor
New York, New York 10022

OR

• Email to DraftMailbox@nba.com.

All underclassmen who submitted their early-entry declaration must submit a written statement by 5 p.m. Eastern time, June 12, 2017, indicating the following:
Per NCAA legislation, the deadline to withdraw from the NBA draft and retain your eligibility to play at a Division I institution is May 24, 2017.
“I, {Student-Athlete, of NCAA college/university}, officially notify the NBA of my request to withdraw my name from consideration in the 2017 NBA Draft.”
In addition to the above information, please include contact information and date of submission. Contact Erika Ruiz at the NBA offices (212-407-8233) if you have further questions.

3. NBA Undergraduate Advisory Committee:
Chigozie Umeadi (NBA) at 212-407-8733 or cumeadi@NBA.com.
The NBA Undergraduate Advisory Committee is composed of NBA team executives who will provide a confidential projection of a potential draftee’s likely draft position.

4. Division I institutions with interpretive questions regarding the NBA draft and combine, agents and tryouts:

• Jobrina Marques, associate director of academic and membership affairs, at
jmarques@ncaa.org.

• Submit an interpretation request in Requests/Self-Reports Online (RSRO).

5. Questions regarding the NBA draft and combine process/logistics:

• Charnele Kemper, director of academic and membership affairs, at ckemper@ncaa.org.

• Jeremy McCool, director of enforcement, at jmccool@ncaa.org.

• Chris Clunie (NBA) at 212-407-8155 or cclunie@nba.com or Wes Harris (NBA) at 212- 407-8073 or wharris@nba.com.

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- 3.27.17- 17.31.1.11- Transfers Counting on Outside Teams

Spot Kick is a soccer student-athlete that will be transferring to Ocean State University (OSU) this fall. Spot is going to be playing on an outside team this summer instead of enrolling in summer school. If she participates on the same team as other current OSU student-athletes, does she count in the limitations on the number of student-athletes from OSU who may compete on this outside team?

No. NCAA Bylaw 17.31.1.11– states that a student-athlete who has officially withdrawn from a four-year institution and has been accepted for enrollment at a second institution does not count in the limitation on the number of student-athletes from the first institution who may compete on an outside amateur team in the applicable sport and does not count in the limitation on the number of student-athletes at the second institution who may compete on an outside amateur team in the applicable sport unless he or she is a student-athlete at that institution (e.g., has enrolled and attended classes during a summer term). (Adopted: 4/15/14)

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- 3.23.17- 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.