Daily Compliance Item- 11.22.16- 12.5.1.4- Congratulatory Advertisement for a Team

The Ocean State University (OSU) field hockey team won its first ever NCAA Championship this past weekend. BIG Burgers, a local restaurant and long time supporter of the program, wants to purchase a billboard advertisement to honor the team. The congratulatory sign will include the restaurant’s name as well as a team picture with the trophy and a picture of Kookaburra, the student-athlete that scored the winning goal.

Is it permissible for BIG Burgers to purchase such an advertisement?
Yes with conditions. NCAA Bylaw 12.5.1.4 states that it is permissible for a student-athlete’s name or picture, or the group picture of an institution’s athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided: (Revised: 11/1/07 effective 8/1/08, 5/21/08)
(a) The primary purpose of the advertisement is to publicize the sponsor’s congratulations to the student-athlete or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete’s name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation in a promotional contest and the advertisement involves the announcement of receipt of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3 and official interpretations.

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

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

Daily Compliance Item- 10.24.16- 12.5.1.1- Entertainment at Media Day

The men’s and women’s basketball student-athletes at James River Institute are attending their conference’s media day tomorrow in Washington, DC. The Conference office would like to provide a tour of some of the monuments in conjunction with media day. Is it permissible for these student-athletes to receive such entertainment expenses?

Yes. NCAA Staff Interpretation- 8/8/88- Student-athlete’s entertainment at a conference media day- states that a member conference would be permitted to provide expenses for entertainment activities (e.g., golf) for enrolled student-athletes for a conference media day, inasmuch as such activity is incidental to participation and provided the entertainment is not excessive in nature.

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

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

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

A Gap and B Gap are football student-athletes at Ocean State University. Based on the below scenarios which, if either, would have eligibility issues regarding their interaction with an agent?
A met with an agent on campus after practice one day. The agent indicated he would like to represent A once his eligibility has exhausted. A liked what the agent had to say and was impressed with his client list. As a result, A verbally agreed to have this agent represent him once the bowl game was over.
B met with an agent on campus after practice one day. The agent indicated that although he was very impressed with B’s athletic ability, he only represents professional basketball players. He gave B tickets to his favorite band and wished him luck with the football career.


1. Both A and B would be ineligible.
2. Neither student-athlete would lose eligibility
3. A would be ineligible
4. B would be ineligible


The answer is 1. NCAA Bylaw 12.3.1.2 states that an individual shall be ineligible per Bylaw 12.3.1 if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.
NCAA Bylaw 12.3.1.3 states that an individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from: (Revised: 1/14/97)
(a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general; or
(b) An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete’s sport. (Adopted: 1/14/97)

Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association

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

Daily Compliance Item- 9.26.16- 12.8.3.1.4- Fundraising Events and Season of Competition

Tin Cup is a freshman golf student-athlete at Ocean State University (OSU). Tin and his teammates are going to participate in the annual OSU golf program fundraiser event this weekend. The coach was planning on having Tin redshirt during the 2016-17 academic year, so if Tin participates in the fundraising event with the other student-athletes, coaches and boosters, will he have utilized a season of competition?

 
No with conditions. NCAA Bylaw 12.8.3.1.4 states that a student-athlete may engage in outside competition in either one alumni game, one fundraising activity or one celebrity sports activity during a season without counting such competition as a season of competition, provided the event is exempted from the institution’s maximum number of contests or dates of competition as permitted in the particular sport per Bylaw 17. (Adopted: 1/16/10 effective 8/1/10, Revised: 7/31/14)

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.

Summer Daily Compliance Item- 7.6.15- 12.5.1.4- Congratulatory Message from Commercial Entity

A local sporting goods store would like to recognize Ocean State University (OSU) women’s soccer student-athlete, Hat Trick, for winning an award at the FIFA World Cup yesterday.  The store will buy advertising space on a billboard near campus that reads “Congratulations Hat Trick!  We are all very proud of you!”.
Is this permissible?
 
Yes with conditions.  NCAA Bylaw 12.5.1.4 states that it is permissible for a student-athlete’s name or picture, or the group picture of an institution’s athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided: (Revised:  5/21/08) 
 (a) The primary purpose of the advertisement is to publicize the sponsor’s congratulations to the student-athlete or team;  

(b) The advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark;  

(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or service of the advertiser;  

(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete’s name or picture in a manner inconsistent with the requirements of this section; and  

(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation in a promotional contest and the advertisement involves the announcement of receipt of the prize, the receipt of the prize is consistent with the provisions of Bylaw 12.5.2.3.3 and official interpretations. (Revised:  11/1/07 effective 8/1/08)

CONGRATS TO THE USA WOMEN’S SOCCER TEAM
2015 WORLD CUP CHAMPS
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 4.20.15- 12.5.2.1- Student-Athlete Opinions on Commercial Products

Every year, the Ocean State University sports communication staff conducts a poll of its senior student-athletes.  Included in the poll are questions regarding their favorite restaurant and clothing line.  Is it permissible to include these commercial establishment/product questions in the poll?
Yes with conditions.  NCAA Official Interpretation- 4/20/15- Student-Athlete Providing Opinions on a Commercial Product or Service (I)- states that a student-athlete may provide an opinion about a commercial product or service, as long as no individual associated in any manner with the commercial product or service is involved in directing the student-athlete to issue the opinion, and the student-athlete does not receive any benefits from any source in conjunction with his or her opinion.
[References: NCAA Division I Bylaw 12.5.2.1 (advertisements and promotions after becoming a student-athlete) and a staff interpretation (02/20/2015, Item Ref. c, which has been archived)]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 2.26.15- 12.8.4.3.4.1- Conference Championship in Hardship Waiver Calculation

The Ocean State University (OSU) compliance staff is preparing hardship waiver applications for a few of its men’s and women’s soccer student-athletes.  When determining the first half of the season, does OSU count the conference championship in the calculation?
Yes with conditions.  NCAA Staff Interpretation- 2/28/14- Conference Championship in the First-Half-of-Season Calculation for Hardship Waivers in Team Sports (I) – states that, in team sports, a conference championship is counted as one contest or date of competition in determining the first half of the season for hardship waivers, regardless of the number of days or games involved in the championship. If the calculation is based on scheduled contests or dates of competition, the conference championship is counted as one contest or date of competition if it appeared on the institution’s schedule prior to the first scheduled contest or date of competition; however, if the calculation is based on completed contests or dates of competition, the institution must have participated in the conference championship.
  [Reference: NCAA Division I Bylaw 14.2.4.3.4.1 (first-half-of-season calculation — team sports)]