Daily Compliance Item- 9.19.16- 13.10.2.2- High School Coaches Serving as Institution’s Commentators

Ocean State University (OSU) broadcasts several events throughout the year on its own digital network. OSU produces the entire event and selects the talent for the competitions. There are a few high school basketball coaches in the area that OSU would like to hire as commentators.

Is OSU permitted to hire these individuals as commentators for the online broadcasts?

No. NCAA Staff Interpretation- 9/19/16- Participation as Color Commentator in the Institution’s Radio/TV/Web Programs (I)– states that institutions may permit individuals responsible for teaching or directing an activity in which prospective student-athletes are involved (e.g., high school, preparatory school or two-year college coach or administrator) to provide color commentary for the institution’s athletics program broadcasts, provided the employment of the individual is the sole responsibility of a third-party broadcast partner (e.g., radio station) and the member institution’s coaching staff does not participate in any portion of the program (e.g., pregame or postgame interviews).

[References: NCAA Bylaws: 13.10.2 (publicity before commitment), 13.10.2.2 (radio/tv show) and official interpretations (09/15/88 (item ref: 4); (07/26/89 (Item No. e) and a staff interpretation (12/20/89 (Item No. b), which have been archived]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- 9.15.16- 13.4.1.8- Audio/Video Materials to Recruits

Ocean State University women’s basketball coaches would to create animated files to send to recruits. Are there restrictions to follow with these types of items?

Yes. NCAA Staff Interpretation- 9/14/16- Animation is Video/Audio Material (I)– states that animation (e.g., animated GIF, interactive PDF) is video/audio material. Therefore, institutions must meet the parameters in pertaining to audio/video materials when creating such files. NCAA Bylaw 13.4.1.8 states that an institution may not produce video or audio materials to show to, play for or provide to a prospective student-athlete except as specified in this section. Permissible video or audio material may only be provided to a prospective student-athlete via permissible electronic correspondence, except as provided in Bylaw 13.4.1.8.4. [D] (Adopted: 1/11/94 effective 8/1/94, Revised: 1/9/96 effective 8/1/96, 12/12/06, 1/8/07, 1/16/10, 3/29/10, 4/28/11 effective 8/1/11, 6/13/11, 1/18/14 effective 8/1/14)

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 9.14.16- 14.4.3.1.7- Change Degree Program During a Regular Academic Term

Drop Shot is a tennis student-athlete at Ocean State University (OSU). Drop is a junior and currently pursuing a degree in Mechanical Engineering. Drop is not happy with his classes and would like to change his desired degree program to Criminology. OSU’s policy allows students to change their major at any point during the fall semester. If Drop changes his major now, will his hours have to count toward Mechanical Engineering or Criminology for purposes of meeting NCAA progress toward degree requirements at the conclusion of the semester?

Drop’s credit hours can count toward Mechanical Engineering or Criminology. NCAA Staff Interpretation- 11-10-89- Change of degree program during term time- states that in regard to a student-athlete who is permitted to change his or her designated degree program during term time in accordance with institutional policy and determined that the degree credits the student-athlete earns during that term can be applicable toward the degree previously sought or toward the new desired degree for satisfactory progress purposes.

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 9.12.16- 13.11.3.10.1- Football Summer Athletic Activities and Dropping Classes

Half Back is a football student-athlete at James River Institute. Half enrolled in one 3 hour course during the summer and participated in summer athletic activities. Unfortunately Half was not doing well in the course and withdrew from it prior to the end of the summer term. Once he withdrew, did Half need to cease participation in any summer athletic activities?

Yes. NCAA Educational Column- 6/27/14 (Updated 8/3/16)- NCAA Division I Football Summer Athletic Activities (I)– provides further clarification on the application of football summer athletic activities.

Editor’s Note: This educational column was updated August 3, 2016, with the addition of Question Nos. 8, 9 and 21 to provide additional clarification to the membership. The original posting date was kept for ease of reference.

The following questions and answers are intended to assist the membership in applying NCAA Division I legislation as it relates to summer athletic activities in football.

Question No. 1: Does the eight-week period for required summer athletic activities need to coincide with the designated eight weeks for the summer conditioning period?

Answer: Yes. Except for this eight-week period, all remaining days from the conclusion of the academic year and the institution’s reporting date for preseason practice shall be considered student-athlete discretionary time.

Question No. 2: When may an institution begin to conduct summer athletic activities with its football student-athletes? When must summer athletic activities end?

Answer: Summer athletic activities may begin the day following the institution’s spring commencement exercises. Summer athletic activities must end by the start of the preseason. Note that unless a student-athlete meets the exception to the summer-school requirement, or enrolls and remains enrolled in three hours of degree-applicable credit in a particular summer term, workouts are only permissible during the time period (term or terms) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for each applicable term.

Question No. 3: Is it permissible for football student-athletes to engage in both voluntary and required activities during this eight-week period?

Answer: Yes.

Question No. 4: Is it permissible to conduct required summer athletic activities the week before finals and during the final exam period of the summer term(s)?

Answer: Yes, if those weeks fall within the eight-week period designated by the institution.

Question No. 5: May coaches be present during and/or conduct weight training and conditioning activities that are part of the eight hours per week of required summer athletic activities?

Answer: Yes, provided only football student-athletes participating in the eight hours per week of required summer athletic activities are present.

Question No. 6: If a coach engages in film review with a student-athlete at the student-athlete’s request during the eight-week period, must the time count toward the eight hours per week limitation and toward the week’s permissible two hours of film review?

Answer: Yes. If a coach is present for film review, the activity is not considered voluntary. Therefore, only a football student-athlete participating in the eight hours per week of required summer athletic activities may participate and the activity must count toward the student-athlete’s eight hours per week limitation and toward the student-athlete’s permissible two hours of film review for the week.

Question No. 7: If an institution has multiple summer sessions, do the eight weeks of required summer athletic activities have to be continuous?

Answer: No. The eight weeks do not have to be consecutive or continuous. However, unless a student-athlete meets the exception to the summer-school requirement, or enrolls in three degree applicable credit hours and remains enrolled throughout the term, workouts are only permissible during the time period (term or terms) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for each applicable term.

Question No. 8: May a student-athlete who enrolls in three degree applicable credit hours in at least one summer term, but withdraws before completing the course, continue to participate in the remaining weeks of required summer athletic activities?

Answer: No. The student-athlete must remain enrolled in the course for the duration of the course in order to participate in required summer athletic activities that occur during and after the term of the course.

Question No. 9: If a student-athlete enrolls in three-degree applicable credit hours in at least one summer term and does not earn a passing grade, is that student-athlete still permitted to continue participating in the remaining weeks of required summer athletic activities?

Answer: Yes. The legislation only requires a student-athlete to enroll in at least three-degree applicable credit hours and continue such enrollment for the duration of the course in order to continue participating in required summer athletic activities.

Question No. 10: Are there exceptions for the service academies for situations when their student-athletes are assigned to summer work at a location (e.g., military base) that is separate from the service academy? May the coaching staff conduct workouts with those student-athletes assigned to another area of the country?

Answer: If a student-athlete is enrolled in a summer-school session, or meeting an exception to the enrollment requirement, it is permissible for the coaching staff to conduct workouts at the assigned location.

Question No. 11: Must incoming student-athletes (freshmen and transfers) sign the drug-testing consent form before participating in required summer athletic activities?

Answer: No. Summer drug testing is part of the previous academic year testing.

Question No. 12: Must an incoming student-athlete be certified as eligible to practice in order to participate in required summer athletic activities?

Answer: No.

Question No. 13: Are institutions required to provide student-athletes any days off during the eight weeks in which they are participating in required summer athletic activities?

Answer: No. There is no requirement to provide a day (or days) off during the eight weeks of required activities. However, student-athletes are limited to a maximum of eight hours per week, with not more than two hours per week spent on film review.

Question No. 14: May an institution conduct required summer athletic activities on a vacation day during the summer?

Answer: Yes. However, the activities must count toward the eight hours per week limitation and any film review must also count toward the week’s permissible two hours of film review.

Question No. 15: May student-athletes participate in unlimited hours of countable activities with their coaches during an institutional vacation period (e.g., Memorial Day, Independence Day) while engaging in required summer athletic activities?

Answer: No, a student-athlete engaging in required summer athletic activities is limited to a maximum of eight hours per week with not more than two hours per week spent on film review.

Question No. 16: May a student-athlete who has been certified as a nonqualifier participate in required summer athletic activities during the summer prior to initial full time enrollment at the certifying institution?

Answer: Yes, provided he is enrolled in summer school and the activities are conducted during the time period (term or terms) in which the student-athlete is enrolled, which includes only the time from the opening day of classes through the last day of final exams for each applicable term (unless the individual enrolls and remains enrolled in three degree-applicable credit hours.

Question No. 17: If a student-athlete was certified as a nonqualifier during the academic year, when may he begin to engage in required summer athletic activities after the year in residence?

Answer: Such a student-athlete may begin to participate in required summer athletic activities the day following the institution’s spring commencement exercises, provided the student-athlete is enrolled in summer school or meets the exception to summer school enrollment.

Question No. 18: Does a student-athlete’s temporary certification period begin when he starts participating in required summer athletic activities?

Answer: No.

Question No. 19: May a student-athlete who is enrolled in consecutive summer-school sessions during the same summer (e.g., the first and second summer-school sessions) engage in required summer athletic activities during the time in between sessions?

Answer: Only student-athletes who met the exception to summer-school enrollment at the end of the preceding regular academic term (e.g., spring semester, spring quarter), or those who enroll and remain enrolled in three hours of degree-applicable credit in a particular term, may engage in required summer athletic activities between terms.

Question No. 20: How does the required summer athletic activities legislation apply to an institution that offers only one summer session, and the session lasts fewer than eight weeks?

Answer: Prospective student-athletes (freshmen or transfers) who are enrolled in at least three degree-applicable credit hours in one summer term that is fewer than eight weeks in duration may engage in summer athletic activities before the summer term begins and may participate for up to eight weeks (provided he or she remains enrolled for the duration of the course). All other incoming student-athletes are only permitted to participate in required summer athletic activities during the time period (term) in which they are enrolled (from the opening day of classes through the last day of final exams for the term). A student-athlete who meets the exception to summer school enrollment pursuant to Bylaw 17.1.7.2.1.5.3, or who is enrolled and remains enrolled in at least three degree-applicable credit hours for a particular term, may engage in eight weeks of required summer athletic activities regardless of the duration of the summer term.

Question 21: Is a student-athlete required to enroll in an eight-week summer session, if offered by the institution, in order to participate in eight weeks of required summer athletic activities, even if the student-athlete meets the legislation specific to enrollment in a summer term that is fewer than eight weeks?

Answer: No. A student-athlete who is enrolled in at least three degree-applicable credit hours in at least one summer term and remains enrolled for the duration of the term, regardless of the term’s duration, may participate in up to eight weeks of required summer athletic activities.

Question No. 22: May coursework from an early summer-school session (e.g., first four-week session) from that same summer be considered when determining whether a student-athlete is meeting the exception to the summer-school requirement for the remaining weeks of the required summer athletic activities?

Answer: No. In order to meet the exception to summer-school enrollment, the student-athlete must have successfully completed the applicable academic requirements by the end of the preceding regular academic term (e.g., spring semester, spring quarter).

Question No. 23: May remedial, tutorial or noncredit courses be used to satisfy the requirements of the exception to summer-school enrollment?

Answer: Yes, provided such courses meet the requirements of NCAA Bylaw 14.4.3.4.4.

Question No. 24: Must a student-athlete who has just completed four semesters or six quarters have declared a degree program (and have completed 50 percent of the program) in order to meet the exception to summer-school enrollment?

Answer: No. Pursuant to Bylaw 14.4.3.1.7, a student-athlete must designate a degree program prior to participation in competition that occurs during or immediately before the third year of enrollment. Further, pursuant to Bylaw 14.4.3.1.7, during the first two years of enrollment, a student-athlete may use credits acceptable toward any of the institution’s degree programs. Therefore, a student-athlete may fulfill the 50 percent requirement based on credits acceptable toward any of the institution’s degree programs.

Question No. 25: Must a student-athlete who has just completed eight semesters or 12 quarters have completed all of the baccalaureate degree requirements for the student-athlete’s specific degree in order to meet the exception to the summer-school enrollment requirement?

Answer: Yes. After completing eight semesters or 12 quarters, a student-athlete who has not completed all of the baccalaureate degree requirements for his specific degree must be enrolled in summer school in order to participate in summer athletic activities.

Question No. 26: May an institution provide room and board to returning student-athletes to participate in required summer athletic activities if the individuals are not enrolled in summer school?

Answer: No. It is not permissible to provide room and board to student-athletes who are not enrolled in summer school. Room and board may be provided, pursuant to Bylaw 15.2.8, to student-athletes who are enrolled in summer school.

Question No. 27: May an institution provide training table meals to student-athletes who are participating in required summer athletic activities?

Answer: No.

Question No. 28: May an institution provide meals incidental to participation to student-athletes who are participating in required summer athletic activities?

Answer: Yes. However, institutions should note meals incidental to participation should not be used as a replacement for room and board for student-athletes who are not enrolled in summer school or otherwise not receiving room and board as part of their summer financial aid award and may only be provided during the period in which student-athletes are engaged in required summer athletic activities. Snacks may continue to be provided at any time.

Question: 29: May an institution use the Student Assistance Fund to provide meals and lodging to student-athletes who are participating in required summer athletic activities, but are not enrolled in summer school because they meet the academic requirements exception?

Answer: Yes, provided institutional and conference policies related to the use of the Student Assistance Fund allow the fund to be used for such purposes.

Question No. 30: Is it permissible to provide entertainment to student-athletes who are participating in required summer athletic activities?

Answer: No. Bylaw 16.7 does not apply to summer athletic activities.

Question No. 31: Is it permissible for a student-athlete to engage, either concurrently or separately, in both required summer athletic activities in football and permissible practices for a foreign tour?

Answer: Yes, provided the student-athlete is eligible to participate in both activities. However, if a student-athlete is only eligible for either the foreign tour or the required summer activities in football, he may only engage in the activity for which he is eligible.

Question No. 32: Does participation in summer athletic activities trigger transfer status pursuant to Bylaw 14.5.2?

Answer: No, participation in summer athletic activities does not trigger transfer status.

Question No. 33: Is it permissible for a student-athlete to engage, either concurrently or separately, in both required summer activities in basketball and permissible practices for a foreign tour?

Answer: Yes, provided the student-athlete is eligible to participate in both activities. However, if a student-athlete is only eligible for either the foreign tour or the required summer activities in basketball, he may only engage in the activity for which he is eligible.

[References: NCAA 12.7.3.1 (content and purpose), Bylaws 13.11.3.10 (required summer athletic activities — national service academies — incoming freshmen – bowl subdivision football), 14.02.11.1 (academic year of residence), 14.3.4 (residence requirement — nonqualifier), 14.3.5.1 (participation prior to certification), 14.4.3.1.7 (hours earned or accepted for degree credit), 14.4.3.5.4 (remedial, tutorial and noncredit courses), 15.2.8 (summer financial aid), 16.5.2 (permissible housing and meals), 16.7 (entertainment in conjunction with practice or competition), 16.8.1 (permissible expenses for practice and competition), 16.11.1.8 (student assistance fund), 17.1.7.2.1.5.2 (summer athletic activities — football), 17.1.7.2.1.5.3 (exception to summer school enrollment — academic requirements – basketball and football), 17.1.7.2.1.5.3.1 (application to transfer student-athletes), 17.1.7.2.2 (skill instruction — sports other than baseball and football), 17.1.7.3.3 (definition of week), 17.1.7.3.6 (vacation periods and between terms), 17.10.6 (out of season athletically related activities), 17.10.6.1 (conditioning activities – bowl subdivision), 17.10.6.2 (conditioning activities – championship subdivision), 17.10.6.5 (summer practice), 17.29.1.4 (foreign tour – eligibility of student-athletes), 17.29.1.4.1 (incoming-student participation) and 17.29.1.5 (practice limitation)]

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 9.8.16- 14.4.3.1.6, 14.4.3.1.6.1- Football Student-Athlete Regaining Eligibility

Scoop N. Score is a junior football student-athlete that transferred to Ocean State University (OSU) in January of 2016. Scoop earned 8 hours during the fall 2015 semester at James River Institute (JRI), his previous institution, and a total of 27 hours by the conclusion of the 2016 summer term at OSU.

Academic Summary:

*Scoop did not complete 9 hours during the fall 2015 term at JRI– not eligible to compete in the first four games during the next season (fall 2016) per Bylaw 14.4.3.1.6.

*Scoop earned 27 hours prior to the start of the fall 2016 semester (fall 2015- 8 hours at JRI; spring 2016- 13 hours at OSU; summer 2016- 6 hours at OSU). For purposes of this example, all hours earned were acceptable toward any degree program at the respective institutions and Scoop met all other NCAA/OSU PTD requirements.

*Scoop regained eligibility for the third and fourth football contest during the 2016 season per Bylaw 14.4.3.1.6.1.

*Scoop is serving a transfer year in residence at OSU from January 2016 to December 2016.

Because Scoop was not eligible to compete during the 2016 season, does the 2 game penalty apply to the 2016 season or is it delayed until the 2017 season?

The penalty is applied to the next season (fall 2016) regardless of whether Scoop was eligible to compete.

NCAA Staff Interpretation- 4/5/12-Football Additional Credit Hour Requirements — Application of the Two- or Four-Game Penalty to the Following Playing Season (I)– states that, in football, the two- or four-game penalty for failure to successfully complete at least nine-semester hours or eight-quarter hours of academic credit during the fall term and earn the Academic Progress Rate (APR) eligibility point for the fall term applies to the immediately ensuing playing season. Further, that the penalty is satisfied if the student-athlete does not compete in that season, regardless of whether the student-athlete is eligible for competition (e.g., fulfilling a transfer residence requirement, enrolled less than full-time, etc.).

[References: NCAA Division I Bylaws 14.4.3.1 (fulfillment of credit-hour requirements), 14.4.3.1.6 (additional requirements — football), 14.4.3.1.6.1 (regaining eligibility for two contests), 14.4.3.1.6.2 (regaining full eligibility — one-time exception), and staff interpretations (1/20/12, Item No. a), (2/16/12, Item No. a) and (2/16/12, Item No. b)]

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

Daily Compliance Item- 9.1.16- 13.8.1.1- Complimentary Admissions to Non-Athletic HS Personnel

Ocean State University (OSU) is now offering a new degree program in hotel and event management. To help generate awareness and interest in this new program, OSU will be hosting events throughout the fall semester for guidance counselors and academic advisors throughout the country. The first event for the fall will take place this weekend in conjunction with OSU’s home football game. Is it permissible for the admissions office to provide guidance counselors and academic advisors with complimentary admissions to the game, a pin and refreshments during the game?

Yes. NCAA Bylaw 13.8.1.1 states that an institutional department outside the athletics department (e.g., president’s office, admissions) may host nonathletics high school, preparatory school or two-year college personnel (e.g., guidance counselors, principals) in conjunction with a home intercollegiate athletics event and may provide such individuals reasonable expenses (e.g., food, refreshments, parking, room) and a nominal gift, provided the visit is not related to athletics recruiting and there is no involvement by the institution’s athletics recruiting and there is no involvement by the institution’s athletics department in the arrangements for the visit, other than providing (in accordance with established policy) free admissions to an athletics event. [R] (Adopted: 3/8/12)

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

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

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

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

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

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

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

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

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.