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- 3.21.17- 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- 3.8.17- 17.1.7.6.3.1- Activities After Midnight

Due to the inclement weather, the Ocean State University Baseball Team was not able to begin its home game until 9:30pm. If the game is still being contested at midnight, is it permissible to continue or do they have to wait and resume the next day after 5am?

The teams may continue the game. NCAA Bylaw 17.1.7.6.3.1 states that countable athletically related activities may occur between midnight and 5 a.m. under the following circumstances: (Adopted: 1/16/10)

(a) During participation in a conference championship or an NCAA championship;
(b) Participation in any competition that begins before midnight and concludes after midnight; or (c) Participation in a promotional practice activity (e.g., first practice of the season).

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.

BONUS Daily Compliance Item- 3.1.17- 17.1.8(b)- Practicing After Conference Champ.

If the Ocean State University (OSU) women’s basketball team does not make it to the championship game in the Ocean Eleven’s Conference Tournament this weekend, they will likely not make it to the NCAA Tournament. The team’s conference record could be under 500, but the coaches believe they will be selected to participate in the Women’s NIT.

Can the OSU women’s basketball team continue to practice to prepare for the postseason?

Yes. NCAA Bylaw 17.1.8(b)- NCAA or NAIA Championships Participation in Team Sports- states that neither practice for nor participation in any NCAA or NAIA championship event (including play-in contests conducted pursuant to NCAA championships) is considered part of the institution’s declared playing season. A member institution that has reason to believe it is under consideration for selection to participate in an NCAA championship event may continue to practice (but may not compete against outside competition) beyond its last regular-season contest, including the conference championship (if any), without counting such practice against the institution’s declared playing-season limitation until it is determined by the appropriate committee whether the institution will be selected to participate in the NCAA championship competition. An institution that is not selected to participate in the NCAA championship may continue to practice or compete until the end of that championship only if it has time remaining .

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- 11.29.16- 17.1.7.2- Out of Season Workouts

Ocean State University women’s lacrosse coaches would like to continue with out of season workouts and conditioning up until the beginning of finals week. Is this permissible?

 
No. NCAA Bylaw 17.1.7.2 states that:

 
(a) Sports Other Than Football. Outside of the playing season, from the institution’s first day of classes of the academic year or September 15, whichever occurs earlier, to one week prior to the beginning of the institution’s final examination period at the conclusion of the academic year, only a student-athlete’s participation in required weight training, conditioning and skill-related instruction shall be permitted. A student-athlete’s participation in such activities per Bylaw 17.02.1 shall be limited to a maximum of eight hours per week with not more than two hours per week spent on skill-related workouts. All countable related activities outside the playing season are prohibited one week prior to the beginning of the final examination period for the applicable academic term through the conclusion of each student-athlete’s final exams. (Revised: 4/27/06 effective 8/1/06, 9/22/06)
(b) Bowl Subdivision Football. [FBS] Activities between the institution’s last contest and January 1 are limited to required weight training, conditioning and the review of game film. A student-athlete’s participation in such activities shall be limited to a maximum of eight hours per week, of which not more than two hours per week may be spent on the viewing of film. All activities beginning January 1 and outside the playing season shall be conducted pursuant to Bylaw 17.9.6. (Revised: 12/15/06) (c) Championship Subdivision Football. [FCS] Activities between the institution’s last contest and the start of summer conditioning are limited to required weight training, conditioning and the review of game film. A student-athlete’s participation in such activities shall be limited to a maximum of eight hours per week, of which not more than two hours per week may be spent on the viewing of film. All activities beginning with the start of summer conditioning and outside the playing season shall be conducted pursuant to Bylaws 17.9.6.2 and 17.9.6.4. (Revised: 12/15/06)

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- 10.19.16- 17.1.7.2.2, 17.3.3.1 (a)- Conducted in Privacy and Conducted in the View of a General Public Audience

DID YOU KNOW…

There is a difference in the standards of “conducted in privacy” and “conducted in view of a general public audience

To satisfy the standard of “conducted in privacy” an institution must ensure that no one from the general public can view the scrimmages. The facility where the scrimmage is occurring must be closed to the general public and the department of athletics must keep anyone from the general public from entering the gym. Further, the legislation specifically requires an institution to ensure that no one other than department of athletics staff members and those individuals necessary to conduct the practice scrimmage are present.

An institution wants to host an informal men’s basketball scrimmage. Which is the correct standard to apply?

A. Conducted in privacy
B. Conducted in view of a general public audience

The answer is A.

With regard to “conducted in view of a general public audience”and skill-related instruction, the intent of the legislation is to prohibit institutions from creating special activities or events in conjunction with skill-instruction sessions as a way of creating the appearance of full-fledged practice outside of the playing season or creating a celebrity atmosphere during prospective student-athletes’ campus visits.

The legislation does not require complete privacy during skill-related instruction; however, it requires that institutions do not schedule or conduct the sessions in a way in which they become spectator events.

True or False… A member of the general public may walk into a facility and watch skill-related instruction?

The answer is True. A member of the general public could walk into a facility where a team is involved in skill-related instruction on his or her own without the instruction being considered in view of a general public audience. However, an institution could not arrange to conduct skill-related instruction in a facility or at a time in which the institution had reason to believe that the skill instruction session would be conducted in view of a general public audience. For example, it would not be permissible for an institution to conduct skill instruction for its basketball team on the football field immediately following a home football game. This situation would constitute conducting skill-related instruction in view of a general public audience.

NCAA Educational Column- 11/4/14- Viewing Skill-related Instruction Sessions and Informal Basketball Practice Scrimmages (I)- states that NCAA Division I institutions should note that in accordance with NCAA legislation regarding skill instruction and practice scrimmages, an institution may not publicize skill-related instruction that occurs outside the playing season and informal practice scrimmages in basketball. Also, an institution may not conduct skill-related instruction sessions in view of a general public audience. Informal practice scrimmages in basketball must be held in complete privacy.

The following questions and answers are designed to assist member institutions in applying the legislation regarding the viewing of skill-related instruction that is permissible outside the playing season in all sports other than football and informal practice scrimmages in basketball:

Question No. 1: May prospective student-athletes view skill-related instruction while on official or unofficial visits?

Answer: Yes. It is permissible for prospective student-athletes to view skill-related instruction during official or unofficial visits, provided the skill-instruction has not been publicized and is not held in view of a general public audience.

Question No. 2: May individuals accompanying prospective student-athletes on official or unofficial visits (e.g., parent, sibling, coach) view skill-related instruction?

Answer: Yes. It is permissible for individuals accompanying prospective student-athletes on official or unofficial visits to view skill-related instruction, provided the skill instruction has not been publicized and is not held in view of a general public audience.

Question No. 3: May an institution invite individuals (e.g., boosters, high school coaches) to watch a team’s skill-related instruction or in basketball, an informal practice scrimmage?

Answer: No, if an institution were to invite an individual or individuals to a skill-related instruction session or an informal practice scrimmage it would be considered publicizing the activity, which is prohibited by the legislation.

Question No. 4: May a member of the general public walk into a facility and watch skill-related instruction?

Answer: Yes. A member of the general public could walk into a facility where a team is involved in skill-related instruction on his or her own without the instruction being considered in view of a general public audience. However, an institution could not arrange to conduct skill-related instruction in a facility or at a time in which the institution had reason to believe that the skill instruction session would be conducted in view of a general public audience. For example, it would not be permissible for an institution to conduct skill instruction for its basketball team on the football field immediately following a home football game. This situation would constitute conducting skill-related instruction in view of a general public audience.

Question No. 5: May prospective student-athletes in basketball view an informal practice scrimmage while on official or unofficial visits?

Answer: Yes. Basketball prospective student-athletes (and those individuals accompanying the prospective student-athlete) are permitted to view informal practice scrimmages while on an official or unofficial visit.

Question No. 6: What is the difference between the standards of “conducted in privacy” and “conducted in view of a general public audience”?

Answer: Informal practice scrimmages in basketball must be conducted in privacy. To satisfy this standard, an institution must ensure that no one from the general public can view the scrimmages. The facility where the scrimmage is occurring must be closed to the general public and the department of athletics must keep anyone from the general public from entering the gym. Further, the legislation specifically requires an institution to ensure that no one other than department of athletics staff members and those individuals necessary to conduct the practice scrimmage are present.

In contrast, the legislation regulating skill-related instruction specifies that skill related instruction sessions shall not be conducted in view of a general public audience. The intent of the legislation is to prohibit institutions from creating special activities or events in conjunction with skill-instruction sessions as a way of creating the appearance of full-fledged practice outside of the playing season or creating a celebrity atmosphere during prospective student-athletes’ campus visits.

The legislation does not require complete privacy during skill-related instruction; however, it requires that institutions do not schedule or conduct the sessions in a way in which they become spectator events. [References: NCAA Bylaws 17.1.7.2.2 (skill instruction — sports other than baseball and football), 17.1.7.2.3 (skill instruction — baseball), 17.3.3.1-(a) (practice scrimmage), 17.3.5.3-(h) (practice scrimmage), and staff interpretation (3/15/2013)]

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- 10.6.16- 17.1.7.4.2- Cancelled Competition and Required Day Off

The women’s soccer team at James River Institute has a home game tomorrow night. With Hurricane Matthew looming off the coast, there is a chance the game will not be completed and/or played at all. Both teams would like to play the game if possible. Which of the following is true regarding the required day off?

 

A. Regardless of whether the game is cancelled prior to the competition being considered a completed event, the student-athletes cannot use that day as a day off.

 

B. If the competition is cancelled after the teams have warmed up but prior to the start of the game, the student-athletes may count the day as a required day off as long as they do not participate in any further countable athletically related activities.

 

C. If the game is cancelled prior to the competition being considered a completed event, the student-athletes may use the day as their required day off as long as they do not participate in any further countable athletically related activities.

 

D. Both B and C

 

The answer is D. NCAA Bylaw 17.1.7.4.2 states that when an institution’s competition is canceled prior to the start of competition or canceled prior to the competition being considered a completed event in accordance with the playing rules of that sport, an institution may use that day as its required day off, provided the institution does not engage in any further countable athletically related activities during that day. (Adopted: 1/16/93)

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.