Daily Compliance Item- 5.5.16- Current Event

He Said He Was 17, but High School Basketball Player May Be Closer to 30

NYTimes.com

A South Sudan immigrant and standout basketball player at a Catholic high school in Canada has been arrested after it was revealed that his true age is not 17, but closer to 29, the authorities said.

The student, Jonathan Nicola, who is 6 foot 9 and wears size 16 shoes, had been attending Catholic Central High School in Windsor, Ontario, as an 11th grader for the past six months after arriving on a student visa, The Windsor Star reported. He was so good that his coach was promoting him as a prospect to play in the N.B.A.

But the Canada Border Services Agency has accused Mr. Nicola of misrepresenting material facts on his application for a study permit. He was arrested after the authorities showed up at the principal’s office at the end of a school day this month and asked him how old he was. He admitted he wasn’t 17, immigration officials said.

In an interview with The Star, Mr. Nicola described the difficulties of gaining a visa from his home country, which has been thrown into chaos by war and terrorism. He said it took him six months, and he left South Sudan in November 2015 for a better life, arriving in Windsor, Ontario, three days before what he said was his 17th birthday.

“I really am happy that I am here, happy with the nice people who support me,” he told The Star.

He had received a study permit and an athletic scholarship to Catholic Central High, reports said. Mr. Nicola lived with the basketball team’s head coach, Pete Cusumano, through a program called Canada Homestay, which finds homes for foreign students. But his rising star began to fall in mid-April.

The trouble started when the border agency took a closer look at Mr. Nicola’s application for the study permit. An agency spokeswoman, Julie Campbell, said he had listed a birth date of Nov. 25, 1998.

That would make him 17.

But information emerged that he had also unsuccessfully applied for an American visitor visa, and had given a birth date of Nov. 1, 1986, Ms. Campbell said.

That would make him 30 in November.

The authorities matched his fingerprints with those of a person who had applied to enter the United States using the 1986 birth date. The match was confirmed on April 15, and he was arrested the same day, Ms. Campbell said.

Mr. Nicola was being held at the South West Detention Center, reports say, and has had two reviews before the Immigration and Refugee Board of Canada. Another hearing is scheduled for next month.

Stephen Fields, a spokesman for the Windsor-Essex Catholic District School Board, said in an email Thursday that he could not comment on the case because of Canadian privacy laws. But, in general, he wrote, the school board had a “rigorous system” that required all international students to present valid government documentation before they enrolled.

There is still a lot more unclear about Mr. Nicola, such as the true spelling of his name (some news outlets spelled it Jonathon) and how he was able to pose as a teenager. Coach Cusumano told CTV News Windsor that Mr. Nicola was a “kindhearted young man” and added, “At some point, I’m going to forgive him.”

At one hearing via video conference, according to The Globe and Mail, Mr. Nicola told the Immigration and Refugee Board: “I am not a liar person. I did not come here to harm any people or do something bad.”

When Canadian officials visited him in the principal’s office, he told them he wasn’t really sure how old he was, a government lawyer told a hearing. The lawyer said Mr. Nicola had been born in Saudi Arabia, where his father works as a mechanical engineer and his mother lives. Mr. Nicola also told the hearing that he had moved around a lot in South Sudan, and that his mother told him he was different ages.

The arrest prompted an outpouring on social media. One Twitter user, @omersulimann, wrote in part, “So you’re telling me this whole time I was playing hard defense on a man that could basically be my dad. …”

This article was selected for educational purposes only.

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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- 5.4.16- 16.1.4.4- Civic Awards to Student-Athletes

The local Kiwanis Club wants to recognize the Ocean State University Men’s and Women’s Tennis Teams for their community service efforts this year. These Orcas put in over 1000 hours collectively this year visiting elementary schools and children’s hospitals. Is it permissible for the Kiwanis Club to provide the student-athletes with a small plaque? Yes with conditions. NCAA Bylaw 16.1.4.4 states that a local civic organization (e.g., Rotary Club, Touchdown Club) may provide awards to a member institution’s team(s), provided such awards are approved by the institution and are counted in the institution’s limit for institutional awards.

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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- 4.28.16- 15.2.8.1.2- 16.5.2- Vacation Period Expenses and Summer School

Several Ocean State University (OSU) track and field student-athletes will likely qualify for the NCAA Outdoor Championship. Most of these student-athletes will also be enrolled in summer school while they are participating in this post-season event.

If the student-athletes are receiving athletic aid to attend summer school, is OSU permitted to provide them financial assistance for participating in the NCAA championship?

Yes with conditions. NCAA Staff Interpretation- 5/13/11- Summer Financial Aid and Vacation Period Expenses (I)- states that a student-athlete who is enrolled in an institution’s summer term, and is required to remain on campus for organized practice sessions (e.g., practice in preparation for an NCAA championship), may receive financial aid in accordance with the summer financial-aid legislation and vacation-period expenses, provided the student-athlete does not receive vacation-period expenses, in combination with any room and board financial aid, in excess of the full cost of room and board (as determined for financial aid purposes) during the time in which the student-athlete is required to remain on campus for practice or competition.
[References: NCAA Bylaws 15.2.8.1.2 (enrolled student-athletes), 16.5.2 (vacation-period expenses) and staff interpretation (04/12/1991, Item Ref d), which has been archived]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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- 4.26.16- 13.7.3- Publicity After Signing NLI

Knuck L. Ball is a prospective student-athlete that signed a National Letter of Intent (NLI) to play baseball at Ocean State University (OSU) next year. Knuck lives near the OSU campus and will attend the home baseball game Saturday night. Since Knuck has signed an NLI, the coaches would like to have Knuck line up with the players during pre-game introductions.

Is this permissible?

No. The restrictions in the legislation regarding a prospect participating in game-day activities still apply to NLI signees. NCAA Educational Column- 4/28/15- Publicity After Prospective Student-Athlete’s Commitment (I)– provides some clarification on publicity issues after a prospect signs an NLI.

NCAA Division I institutions should note that there are no restrictions on publicity related to a prospective student-athlete after he or she 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, except as set forth in the presence of media during recruiting contact legislation.
The following questions and answers are designed to assist the Division I membership with the application of legislation related to publicity after commitment.

Question No. 1: After a prospective student-athlete commits to the institution, may the institution provide him a photograph taken during his official visit?

Answer: Yes, the photograph may be provided to the prospective student-athlete either as general correspondence or as an attachment to general correspondence, provided the size of the photograph does not exceed 8 1/2 by 11 inches when opened in full.

Question No. 2: After a prospective student-athlete commits to the institution, may the institution use social media to publicize his visit to campus?

Answer: Yes, it is permissible to publicize the prospect’s visit to campus, as there are no restrictions on publicity related to a prospective student-athlete after he or she commits to the institution.

Question No. 3: After a prospective student-athlete commits to the institution, may the institution show her a personalized audio/video presentation?

Answer: Yes, it is permissible for the institution to arrange personalized audio/video presentations to show a prospective student-athlete; however, such an audio/video presentation may not be provided to the prospective student-athlete unless it satisfies the video/audio materials legislation.

Question No. 4: After a prospective student-athlete commits to the institution, may the institution show a video of the prospective student-athlete on its stadium scoreboard or in the institution’s coach’s office?

Answer: Yes, the institution may produce and arrange personalized audio/video presentations to use in permissible publicity activities, including playing the personalized audio/video for the prospective student-athlete in the coach’s office; however, such an audio/video presentation may not be provided to the prospective student-athlete.

Question No. 5: After a prospective student-athlete commits to the institution, may the institution arrange personalized recruiting aids, other than audio/video scoreboard presentations, and allow the prospective student-athlete to participate in game-day simulations?

Answer: No, the legislation governing miscellaneous personalized recruiting aid and participating in game day simulations during an official or unofficial visit still apply after a prospective student-athlete commits to the institution. For example, it is not permissible to personalize a jersey for a prospective student-athlete or to allow the prospective student-athlete to run onto the field with the team during pregame introductions. [References: NCAA Division I Bylaws 13.02.12.1 (exception — after commitment), 13.4.1.3 (printed recruiting materials), 13.4.1.7 (video/audio materials), 13.6.7.9 (activities during official visit), 13.7.3 (activities during unofficial visit), 13.10.1 (presence of media during recruiting contact), 13.10.2.1 (comments before commitment), 13.10.2.4 (prospective student-athlete’s visit), 13.10.2.7 (photograph of prospective student-athlete) and 13.10.3 (publicity after commitment), and staff interpretation (/2/2/15, Item No. c)]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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- 4.25.16- 13.02.7.2- Recruiting Activities and Committed Prospects

The Head Softball Coach at Ocean State University (OSU) want to go watch one of their National Letter of Intent (NLI) signees play tomorrow. Since the prospect they will be watching has already signed an NLI with OSU, does the coach have to count an evaluation day for watching this game?

Yes an evaluation day is used when observing a committed prospect in practice or competition activities. NCAA Educational Column- 4/28/15- Recruiting Activities After a Prospective Student-Athlete Commits to an Institution (I)– helps to clarify issues regarding recruiting activities for those prospects that have committed to institutions.

Date Published: April 28, 2015
Item Ref: 2

Educational Column:

NCAA Division I institutions should note, pursuant to the exception after commitment legislation, after the institution has received an individual’s financial deposit in response to its offer of admission or the individual has signed a National Letter of Intent (NLI) or the institution’s written offer of admission and/or financial aid the individual is no longer subject to the restrictions of Bylaw 13.1; however, the individual remains a prospective student-athlete for purposes of applying the remaining provisions of Bylaw 13 and other bylaws.

The following questions and answers are intended to assist the membership in applying NCAA Division I recruiting legislation after an individual 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 (i.e., after the individual’s commitment to the institution).

Football.

Question No. 1: In bowl subdivision football, may a coaching staff member have in-person contact, on or off campus, during the December or January dead period with a prospective student-athlete who has committed to the coaching staff member’s institution?

Answer: No. During the December or January dead period, it is not permissible to have contact with a prospective student-athlete who has committed to the institution. However, it is permissible for the institution to have contact with a prospective student-athlete who has arrived in the locale of the institution for initial full-time enrollment.

Question No. 2: In football, may a coaching staff member have contact with a committed prospective student-athlete while the prospective student-athlete is participating in an all-star contest?

Answer: No. It is not permissible for an institution to make in-person contact, on- or off-campus, with a prospective student-athlete participating in an all-star contest from the time the prospective student-athlete arrives in the locale of the contest until he returns to his home or to his educational institution.

Question No. 3: In bowl subdivision football, during the spring evaluation period, may the head coach visit the prospective student-athlete’s educational institution after he has committed to the coaching staff member’s institution?

Answer: No. It is not permissible for an institution’s head coach, or any coach who has been publicly designated to become the next head coach, to make in-person, off-campus contact with a prospective student-athlete during the April 15 through May 31 evaluation period at any location, even if the prospective student-athlete has signed the institution’s written offer of admission and/or financial aid or the institution has received the prospective student-athlete’s financial deposit in response to its offer of admission.

Question No. 4: May a coaching staff member have contact outside of a contact or evaluation period with a prospective student-athlete, who has committed to the coaching staff member’s institution, at the prospective student-athlete’s educational institution?

Answer: Any visit to a prospective student-athlete’s educational institution during a contact period counts as a contact for all prospective student-athletes in that sport at that educational institution.

All Sports.

Question No. 1: In sports other than bowl subdivision football, may a coaching staff member have in-person contact, on or off campus, during a dead period with a prospective student-athlete who has committed to the coaching staff member’s institution?

Answer: Yes. A prospective student-athlete is no longer subject to the application of the dead period legislation after he or she signs an NLI or the institution’s written offer of admission and/or financial aid, or the institution receives a financial deposit in response to the institution’s offer of admission; however, the dead period legislation still applies to all other prospective student-athletes.

Question No. 2: May a coaching staff member have contact outside of a contact or evaluation period (or a recruiting period in men’s basketball) with a prospective student-athlete who has committed to the coaching staff member’s institution, at the prospective student-athlete’s educational institution?

Answer: No. It is not permissible to have contact outside of a contact or evaluation period (or a recruiting period in men’s basketball) with a prospective student-athlete at his or her educational institution, because recruiting rules still apply to all other prospective student-athletes at the prospective student-athlete’s educational institution.

Question No. 3: May a coaching staff member have in-person contact, on- or off-campus, with a nonqualifier who is enrolled in his or her first year of college at a two-year institution after he or she commits to the coaching staff member’s institution?

Answer: Yes; however, it is not permissible to provide such a prospective student-athlete an official visit until he or she has completed an academic year at a two-year college.

Question No. 4: Is an institution required to obtain permission to contact a four-year college prospective student-athlete who has committed to the coach’s institution?

Answer: No. An institution that has received a four-year college prospective student-athlete’s signed acceptance of admission or a financial deposit in response to its offer of admission is not required to obtain written permission from another NCAA or NAIA four-year collegiate institution to make contact with the prospective student-athlete; however, the institution is required to obtain written permission from the four-year college prospective student-athlete’s previous institution to provide the student-athlete with athletically related financial assistance during the prospective student-athlete’s first year of full-time enrollment at that institution.

Further, if the four-year college student-athlete is transferring from an NCAA or NAIA member institution, the student-athlete’s previous institution must certify in writing that it has no objection to the student-athlete using the one-time transfer exception.

Question No. 5: Do the restrictions on telephone calls (e.g., one telephone call per week) and electronic correspondence apply to a prospective student-athlete once the individual commits to the coach’s institution?

Answer: No.

Question No. 6: Do the restrictions on the number of contacts apply to a prospective student-athlete who has committed to the coach’s institution?

Answer: No.

Question No. 7: Do the restrictions on the number of evaluations apply to a prospective student-athlete who has committed to the coach’s institution?

Answer: Although the institution does not use an evaluation for the prospective student-athlete who has committed to the institution, a visit (without contact) to a prospective student-athlete’s educational institution counts as an evaluation for all prospective student-athletes in that sport at that educational institution.
In addition, in team sports, the institution uses an evaluation for all prospective student-athletes participating in the practice or competition in which the committed prospective student-athlete participates. In football, an observation that occurs during a permissible contact period counts only as a contact.

Question No. 8: In sports with evaluation days (i.e., football, softball, women’s volleyball and women’s sand volleyball), does the institution use an evaluation day for observing a prospective student-athlete who has
committed to the coach’s institution?

Answer: If the prospective student-athlete who has committed to the coach’s institution participates in a team sport that has evaluation days (e.g., football), then an evaluation day is used when the coach engages in an evaluation of the committed prospective student-athlete participating in practice or competition in the team sport.
For example, a committed prospective student-athlete participates in both softball and golf. The institution’s softball coach observes the committed prospective student-athlete participating in a softball tournament. In this scenario, an evaluation day is used.

However, if the institution’s softball coach observes the committed prospective student-athlete participating in golf, an evaluation day is not used.

Question No. 9: Do the restrictions on the number of recruiting opportunities apply to a prospective student-athlete who has committed to the coach’s institution?

Answer: No.

Question No. 10: Is a coaching staff member permitted to have contact with a prospective student-athlete who has committed to the coach’s institution after the prospective student-athlete has reported on call and before she has been released by the appropriate authority?

Answer: Yes. However, recruiting regulations still apply to all other prospective student-athletes participating in the practice or competition.

Question No. 11: In men’s basketball, women’s basketball and football, is a coaching staff member permitted to visit a prospective student-athlete’s educational institution more than once per week after the prospective student-athlete commits to the coach’s institution?

Answer: No. While a prospective student-athlete is no longer subject to the restrictions of Bylaw 13.1 after commitment, recruiting regulations still apply to all other prospective student-athletes at the prospective student athlete’s educational institution.

Question No. 12: In women’s basketball, during the July evaluation period, may a coaching staff member have communication with a prospective student-athlete who has committed to the coach’s institution?

Answer: Yes. During the July evaluation period in women’s basketball, a coaching staff member may have communication with a prospective student-athlete, her relatives or legal guardians, her coach or any individual associated with her as a result of her participation in basketball, provided she has committed to the coach’s institution. However, because the recruiting regulations still apply to all other prospective student-athletes, it is not permissible for a coaching staff member to have communication with a prospective student-athlete’s coach or any other individual associated with the prospective student-athlete if the individual has not committed to the coach’s institution. [References: NCAA Division I Bylaws 13.02.5.5.2 (exception — after commitment), 13.02.12.1 (exception — after commitment), 13.1.1.2 (two-year college prospective student-athletes), 13.1.1.3 (four-year college prospective student-athletes), 13.1.2.6.3 (spring evaluation period — football bowl subdivision), 13.1.3.1 (time period for telephone calls — general rule), 13.1.3.1.1 (exception — swimming and diving), 13.1.3.1.1 (exception — baseball, cross country/track and field, men’s lacrosse, women’s lacrosse, women’s sand volleyball, softball and women’s volleyball), 13.1.3.1.2 (exception — football), 13.1.3.1.3 (exception — men’s basketball), 13.1.3.1.4 (exception — women’s basketball), 13.1.3.1.4.1 (additional restrictions — July evaluation periods), 13.1.3.1.7 (application of telephone call limitations), 13.1.3.2.1 (during conduct of athletics contest), 13.1.4.1 (men’s basketball), 13.1.4.2 (football and women’s basketball), 13.1.4.2.1 (visit during contact period — football), 13.1.4.2.3 (visit during evaluation period — women’s basketball), 13.1.5.1 (sports other than football, basketball and men’s ice hockey), 13.1.5.2 (football), 13.1.5.3 (men’s basketball), 13.1.5.4 (women’s basketball), 13.1.5.4.2 (additional restrictions — July evaluation periods), 13.1.5.5 (men’s ice hockey), 13.1.6.2 (practice or competition site), 13.1.6.2.1 (additional restrictions — basketball), 13.1.6.2.3 (athletics events outside contact period — football and basketball), 13.1.6.3 (all-star contests — football), 13.6.2.3.1 (nonqualifier in first year) and staff interpretations (8/30/13, Item No. b), (12/12/13, Item No. a), (12/12/13, Item No. b), (3/6/14, Item No. b) and (6/12/14, Item No. a)]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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- 4.22.16- 17.1.7.2.1.5- Male Students Participating in Summer Athletic Activities

Ocean State University women’s basketball program has 4-5 male students that practiced with the team all year. These male students have really helped the team, so the coaches would like the guys to practice with the team this summer as well. Is this permissible?

Yes with conditions. NCAA Interpretation- Staff Interpretation- 4/26/13- Use of Male Students During Women’s Basketball Summer Athletic Activities (I) – states that male students may participate in summer athletic activities with women’s basketball student-athletes, provided they are enrolled in summer school, or meet the academic requirements exception to enrollment, and are not receiving any form of financial assistance from the athletics department (e.g., compensation, financial aid). [References: NCAA Division I Bylaws 14.1.10 (eligibility requirements for male student to practice with women’s teams), 17.1.6.2.1.1.4 (summer athletic activities — basketball) and 17.1.6.2.1.1.4.1 (exception to summer school enrollment — academic requirements — basketball)]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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- 4.21.16- 11.7.1.1.2- Temporary Replacement During Olympics

One of the assistant track coaches at Ocean State University (OSU) is going to serve as a coach for the US Track & Field Olympic team. While he is with the Olympic team, is OSU permitted to temporarily replace him and allow a non-coaching staff member to perform his coaching duties?

Yes with conditions. NCAA Bylaw 11.7.1.1.2 states that an institution may replace a coach temporarily or on a limited basis when that coach takes a leave of absence to participate on or to coach a national team or Olympic team, provided the replacement is limited to a one-year period and the coach who is replaced performs no recruiting or other duties on behalf of the institution. (Adopted: 1/14/97 effective 8/1/97, Revised: 4/25/02 effective 8/1/02, 1/14/08)

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

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, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. 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.