Daily Compliance Item- 3.30.17- WNBA Draft Reminders

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

Six Points to Remember:

You will lose your eligibility IF:

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

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

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

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

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

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

Key Dates:

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

WNBA Draft: April 13, 2017.

Frequently Asked Questions:

1. Who is eligible for the WNBA Draft?

Per WNBA eligibility requirements the following individuals are eligible:

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

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

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

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

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

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

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

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

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

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

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

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

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

An agent is any individual who, directly or indirectly:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Daily Compliance Item- 3.28.17- NBA Draft Reminders

IMPORTANT MEN’S BASKETBALL NBA DRAFT / ELIGIBILITY REMINDERS:

Seven Points to Remember:

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

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

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

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

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

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

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

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

Key Dates:

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

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

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

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

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

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

June 12, 2017 NBA early-entry withdrawal deadline.

June 22, 2017 NBA draft (New York).

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

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

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

Frequently Asked Questions:

1. Agents.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Question No. 8: Who is considered an advisor?

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

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

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

2. NBA Draft.

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

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

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

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

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

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

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

3. Workouts/Tryouts.

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

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

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

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

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

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

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

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

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

4. Athletics Scholarship.

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

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

5. Securing a Loan.

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

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

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

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

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

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

OR

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

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

OR

• Email to DraftMailbox@nba.com.

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

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

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

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

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

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

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

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

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

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

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

Daily Compliance Item- 3.27.17- 17.31.1.11- Transfers Counting on Outside Teams

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

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

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

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

Daily Compliance Item- 3.22.17- NCAA Proposal 2016-114- Study-Abroad Programs

With the adoption of NCAA Proposal 2016-114, student-athletes will be permitted to participate in a study-abroad program (as regulated by their institutions) and exempt that time from counting against their five-year clock. When applying this new legislation, which of the following is true?

A. This legislated exception only applies to a regular academic term, not the summer.

B. If a student-athlete participates in a study-abroad program, the institution may replace that student-athlete’s scholarship with another student-athlete already on the team.

C. Student-Athletes are not permitted to participate in outside competition while participating in the study-abroad program.

D. All of the Above.

The answer is D. The following bylaws are associated with this new legislation. There are a lot of moving parts to this exception, so institutions will need to educate their coaches and student-athletes to make sure they understand all the parameters associated with qualifying for the exception with regard to the student-athlete’s eligibility and financial aid.

NCAA Bylaw 12.8.1.3 Academic Study Abroad Exception. Time spent participating in a full-time study-abroad program during a regular term of an academic year may be excepted from the application of the five-year rule, provided:

(a) The institution recognizes the student-athlete as a full-time student at the time he or she participates in the study-abroad program;

(b) At the time of participation in the study-abroad program, the student-athlete is academically eligible for competition and is not subject to an athletically related suspension;

(c) The student-athlete does not participate in practice or competition with the institution’s team and does not engage in outside competition while participating in the study-abroad program;

(d) The student-athlete satisfactorily completes the study-abroad program; and

(e) The student-athlete earns a baccalaureate degree within five years or fewer.

NCAA Bylaw 15.5.2.5 Academic Study Abroad Replacement. A student-athlete who is participating in a full-time study abroad program pursuant to Bylaw 12.8.1.3 may be replaced as a counter for the term or terms of participation by a student who already has enrolled in the institution and is a member of the team.

NCAA Bylaw 5.5.3.2.4.4 Academic Study Abroad Exception. All countable financial aid of a student-athlete who is participating in a full-time study-abroad program pursuant to Bylaw 12.8.1.3 is exempt from an institution’s equivalency computation. Countable financial aid in an amount equal to the countable financial aid provided to the participating student-athlete may be provided to a student who already has enrolled in the institution and is a member of the team for the term or terms of participation in the study-abroad program.

NCAA Bylaw 15.5.6.3.10 Academic Study Abroad Replacement. A student-athlete who already has enrolled in the institution and is a member of the team may replace a counter who is participating in a full-time study abroad program pursuant to Bylaw 12.8.1.3 for the term or terms of participation without being counted as an initial counter.

NCAA Bylaw 15.5.6.4.3 Academic Study Abroad Replacement. A student-athlete who is participating in a full-time study abroad program pursuant to Bylaw 12.8.1.3 may be replaced as a counter for the term or terms of participation by a student who already has enrolled in the institution and is a member of the team.

NCAA Educational Column- Proposal No. 2016-114 Athletics Eligibility — Five-Year Rule — Exception — Study Abroad Programs (I)– provides further clarification on the correct application of the legislation.

This document contains questions and answers to assist the NCAA membership in its understanding of Proposal No. 2016-114 (study abroad programs).

Eligibility.

Question No. 1: What does “satisfactorily completes” the study abroad program mean (e.g., a letter grade or pass fail)?

Answer: Satisfactory completion of the study abroad program is determined by the member institution. It must be completed in accordance with policies and procedures for completion of a study abroad program for all students at the institution.

Question No. 2: What happens if the student-athlete does not satisfactorily complete the study abroad program?

Answer: The exception to the five-year rule cannot be used if the study abroad program is not satisfactorily completed.

Question No. 3: Does the length of the program matter (e.g., two weeks, month or semester)?

Answer: Yes. In order for the exception to apply the student-athlete must participate in the study abroad program for an entire regular academic term or terms.

Question No. 4: Does the term matter (e.g., fall, spring or summer)?

Answer: Yes. In order to satisfy the legislation, the study abroad program must occur during a regular academic term or terms (i.e., fall/winter/spring semester or quarter).

Question No. 5: How does the legislation apply to a summer study abroad program?

Answer: No. The legislation does not apply to a summer study abroad program. Such a program would not be exempted from a student-athlete’s five-year period.

Question No. 6: Must the student-athlete’s participation in the study abroad program occur during the term that is the championship segment?

Answer: No. The exception may apply during a term that is either the championship or nonchampionship segment.

Question No. 7: May a student-athlete participate on an outside team while studying abroad?

Answer: No. A student-athlete is prohibited from participating on an outside team while studying abroad.

Question No. 8: May the legislation be applied to both domestic and international institutional study abroad programs?

Answer: Yes, provided the other criteria of the legislation are satisfied.

Question No. 9: Must the study abroad program be conducted by the student-athlete’s institution?

Answer: No. However, the study abroad program must be completed in accordance with normal institutional policies and procedures and the student-athlete must be recognized as a full-time student at the student-athlete’s institution.

Question No. 10: May an institution pay the study abroad cost at another institution?

Answer: No, an institution may not provide financial aid to a student-athlete to attend another institution.

Question No. 11: When must the study abroad program be completed?

Answer: The study abroad program must be completed in accordance with normal institutional policies and procedures.

Question No. 12: Does this legislation apply to student-athletes who are serving an academic year of residence (i.e., transfer student-athlete or nonqualifier) at the institution?

Answer: A nonqualifier or transfer student-athlete who is serving an academic year of residence is not academically eligible for competition, so the legislation would not apply.

Financial Aid.

Question No. 13: May a school reduce or cancel future financial aid if a student-athlete does not satisfactorily complete the study abroad program?

Answer: Current financial aid legislation applies regarding the reduction or cancellation of athletically related financial aid (15.3.4.2 Reduction or Cancellation Permitted).

Question No. 14: How are multiyear agreements affected when a student-athlete is used as a replacement for when another student-athlete is studying abroad?

Answer: A student-athlete’s multiyear agreement remains the same after the student-athlete returns to the team. This legislation does not impact the timing of or continuing effect of a multiyear agreement.

Question No. 15: If a second year student-athlete who had not previously received athletically related financial aid remains on aid after being used as a replacement counter due a study abroad replacement, must the institution retroactively apply counter status to the previous year?

Answer: No. The counter status does not have to be retroactively applied.

Question No. 16: May the student-athlete who is participating in a full-time study abroad program be replaced as a counter by an incoming student-athlete?

Answer: No. The student-athlete who is participating in a full-time study abroad program may be replaced as a counter only by a student-athlete who was enrolled full time in the previous regular academic term and who participated with the team in the previous regular academic term.

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

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

Daily Compliance Item- 3.14.17- 10.02.1- Sports Wagering

MARCH MADNESS!

With this week commencing NCAA postseason basketball tournaments, all institutional/conference staff members (including full-time, part-time, and student workers) are reminded that it is not permissible to engage in any gambling activity that involves intercollegiate athletics or professional athletics, through the internet, a bookmaker, a parlay card, or any other method employed by organized gambling.

This prohibition also includes participation in all (e.g., NCAA, NIT) Tournament Bracket sheets in which an entry fee is required and money or any item of tangible value may be won. Previous NCAA major infractions cases involving staff members’ participation in organized gambling activities have resulted in a number of institutional corrective actions, including termination of employment.

For more information concerning sports wagering, please visit the NCAA’s interactive sports wagering website at http://www.dontbetonit.org.

NCAA Bylaw 10.02.1 Sports Wagering
Sports wagering includes placing, accepting or soliciting a wager (on a staff member’s or student-athlete’s own behalf or on the behalf of others) of any type with any individual or organization on any intercollegiate, amateur or professional team or contest. Examples of sports wagering include, but are not limited to, the use of a bookmaker or parlay card; Internet sports wagering; auctions in which bids are placed on teams, individuals or contests; and pools or fantasy leagues in which an entry fee is required and there is an opportunity to win a prize. (Adopted: 4/26/07 effective 8/1/07)

NCAA Bylaw 10.02.2 Wager
A wager is any agreement in which an individual or entity agrees to give up an item of value (e.g., cash, shirt, dinner) in exchange for the possibility of gaining another item of value. (Adopted: 4/26/07 effective 8/1/07)

NCAA Bylaw 10.3 SPORTS WAGERING ACTIVITIES

The following individuals shall not knowingly participate in sports wagering activities or provide information to individuals involved in or associated with any type of sports wagering activities concerning intercollegiate, amateur or professional athletics competition: (Adopted: 4/26/07 effective 8/1/07)

(a) Staff members of an institution’s athletics department;
(b) Non-athletics department staff members who have responsibilities within or over the athletics department (e.g., chancellor or president, faculty athletics representative, individual to whom athletics reports);
(c) Staff members of a conference office; and
(d) Student-athletes.

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

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

Daily Compliance Item- 2.13.17- 17.29- Foreign Tour Eligibility

Ocean State University (OSU) men’s basketball team will be participating in a foreign tour this summer. High Post, a student-athlete that will exhaust his eligibility at the conclusion of the academic year, would like to participate in the tour.

Is it permissible for High to participate in OSU’s foreign tour since he will have exhausted his eligibility prior to the start of the tour?

Yes with conditions. NCAA Educational Column- 2/15/16- Foreign Tours (I)- provides further clarification on many commonly asked questions surrounding foreign tours.

The following questions and answers are intended to assist the membership in applying NCAA Division I legislation as it relates to foreign tours.

Eligibility and Participation

Question No. 1: May a student-athlete participate in a foreign tour during the summer immediately after exhausting eligibility?

Answer No. 1: Yes, provided the student-athlete was eligible for intercollegiate competition during the previous academic year and has not professionalized himself/herself.

Question No. 2: May a continuing student-athlete who was not enrolled at the institution during the previous academic year participate on the institution’s foreign tour during the following summer?

Answer No. 2: Yes, provided the student-athlete was eligible for intercollegiate athletics in his or her most recent academic year of enrollment at the certifying institution.
For example, a student-athlete who was on an official religious mission during the 2015-16 academic year may participate on the institution’s foreign tour during summer 2016, provided he or she was eligible during his or her most recent academic year of enrollment at the institution.

Question No. 3: May a student-athlete participate in a foreign tour that occurs during the summer immediately following an academic year in which the student-athlete was ineligible during one term?

Answer No. 3: Yes. A student-athlete who is eligible for any term during the previous academic year at the certifying institution is eligible to compete in the institution’s foreign tour taken during the summer immediately following the same academic year.
For example, if a student-athlete is eligible during the fall 2015 term at the certifying institution, but not eligible during the spring 2016 term, the student-athlete would be eligible to compete in the institution’s foreign tour that occurs summer 2016.

Question No. 4: May a midyear transfer who is ineligible for competition at the certifying institution participate in the institution’s foreign tour that occurs during the summer of the student-athlete’s year in residence?

Answer No. 4: No. A midyear enrollee serving a year of residence is not eligible for the institution’s foreign tour that occurs in the summer inasmuch as the student-athlete was neither eligible at the certifying institution during the previous academic year nor eligible for competition for the fall term following the foreign tour. This analysis would apply even if the student-athlete was ineligible due to a conference rule.

Question No. 5: May a student-athlete depart for an institution’s foreign tour prior to all of the student-athlete’s final grades posting for the summer term preceding the foreign tour?

Answer No. 5: Yes. It is not necessary that all of the student-athletes’ grades be posted, provided the institution can certify that the student-athlete will be academically eligible for the fall term immediately following the summer foreign tour (e.g., meets all progress-toward-degree-requirements) based on the grades that are posted.

Question No. 6: May a student-athlete who is eligible during the fall term but not eligible during the spring term of the same academic year represent the institution in a foreign tour during the spring term?

Answer No. 6: No. Since the student-athlete is not eligible to represent the institution in any intercollegiate competition during the spring term, he or she is not eligible for a foreign tour that occurs during that term.

Question No. 7: How does the “prohibition prior to the championship segment” legislation apply to sports in which separate dates are specified for the first permissible date of practice and the first permissible date of competition for the championship segment?

Answer No. 7: An institution may not depart for a foreign tour during the following period: 30 days prior to the first date of practice or until the first date of competition or contest in the championship segment. This prohibition includes travel days. The intent of this legislation is to prohibit teams from gaining additional preseason practice time by scheduling a foreign tour prior to the championship segment.

Question No. 8: How does the “prohibition prior to the championship segment” legislation apply to sports in which the same date is specified for the first permissible date of practice and first permissible date of competition?

Answer No. 8: An institution may not engage in a foreign tour for a period of 30 days prior to the first day of the institution’s declared playing and practice season.

Question No. 9: If an institution participates in an event that meets the legislation to be a qualifying regular season multiple-team event, would the team’s participation in the event also count as its once-every-four years in-season foreign competition?

Answer No. 9: No. Further, participation in either a permissible qualifying regular season multiple team event or an in-season foreign competition does not preclude an institution from participating in an institutionally certified foreign tour once in four years, provided all other elements of the foreign tour legislation are met.

Question No. 10: In basketball, is a graduate transfer student-athlete required to satisfy the first prong of the basketball exception for foreign tour eligibility of incoming student-athletes by earning three hours of acceptable degree credit during the summer term prior to participating in a foreign tour and practice for the tour?

Answer No. 10: No. The graduate transfer student-athlete must only have graduated from the previous institution, have evidenced his or her commitment to applicant institution, have been accepted for enrollment in a graduate program at applicant institution, and have satisfied the second prong of the exception requiring the student-athlete to be eligible to represent the institution in intercollegiate athletics during the academic year following the tour.
The graduate transfer student-athlete may evidence his or her commitment to applicant institution by signing an institution’s written offer of admission and/or financial aid or by submitting a financial aid deposit in response to the institution’s offer of admission.

Question No. 11: May a transfer student-athlete in basketball participate in more than one institutional foreign tour?

Answer No. 11: A student-athlete may not participate in more than one foreign tour for a specific institution; however, the student-athlete is not precluded from participating in a foreign tour for a second institution as long as he or she meets all of the other applicable eligibility requirements for the tour.

Practices

Question No. 12: May a student-athlete, who is serving a year of residence or is otherwise ineligible to compete in the foreign tour, participate in practices associated with the foreign tour?

Answer No. 12: No, such a student-athlete is not eligible for practice associated with the foreign tour because he or she is not eligible to participate in the tour.

Question No. 13: May an ineligible student-athlete observe practice for the institution’s foreign tour?

Answer No. 13: Yes, provided the practices are open to the general public and the student-athlete does not participate in any team activities.

Question No. 14: Are student-athletes participating in permissible practice activities prior to a foreign tour subject to countable athletically related activities limitations (i.e., four hours/day, 20 hours/ week, required day off)?

Answer No. 14: No. There are no daily or weekly hour limitations when student-athletes are participating during the 10 days of practice in preparation for competition in the foreign tour, provided the day occurs during an institutional vacation period.

Question No. 15: May an institution publicize practices associated with a foreign tour?

Answer No. 15: Yes.

Outside-Team Tours

Question No. 16: May a student-athlete serving a year of residence participate on an outside-team foreign tour if he or she is ineligible to compete on an institution’s foreign tour?

Answer No. 16: Yes. A student-athlete serving a year of residence at an institution may participate in an outside team tour regardless of whether he or she meets the eligibility requirements to participate in an institution’s foreign tour, provided the number of student-athletes participating on the outside team from the same member institution does not exceed the limitations set forth in the outside-team tours legislation. If the number of student-athletes participating on the outside team tour is more than the limitations in the outside-team tours legislation, the outside-team tour must be certified by the institution and the student-athletes must meet eligibility requirements as noted in the legislation.

Question No. 17: May an institution’s coach be a coach of an outside team participating in a foreign tour that includes student-athletes from the institution’s roster?

Answer No. 17: Yes.

Question No. 18: May an institution’s noncoaching staff member with sport-specific responsibilities participate in an outside foreign tour as a noncoaching staff member for a team that includes current student-athletes from the institution?

Answer No. 18: Yes; however, the noncoaching staff member with sport-specific responsibilities may not participate in coaching activities and may not participate with or observing student-athletes in the staff member’s sport who are engaged in nonorganized voluntary athletically related activities.

Expenses

Question No. 19: May an outside sponsor provide expenses to a student-athlete participating in an outside foreign tour?

Answer No. 19: Yes. An outside sponsor may provide actual and necessary expenses for a student-athlete to participate in outside competition, as long as the outside sponsor is not an agent, representative of the institution’s athletics interests, or a professional sports organization.

Question No. 20: May an institution or booster be involved in fundraising for a student-athlete participating in an outside tour?

Answer No. 20: No. Neither an institution nor a booster may have any involvement in fundraising for a student-athlete or outside team foreign tour. In addition, neither may arrange for a student-athlete’s financial sponsorship from an outside source because it would trigger extra benefit legislation. However, it is permissible for a representative of the institution’s athletics interests to donate to an outside team, provided the representative acts independently of the institution, the funds are distributed through channels established by the organization conducting the fundraising activity and the funds are not earmarked directly for a specific student-athlete.

Question No. 21: For outside-team tours, may an outside sponsor provide a student-athlete expenses through fundraising activities that are made on behalf of or earmarked for the student-athlete?

Answer No. 21: Yes. An outside sponsor may provide a student-athlete, who is a member of a team or who participates in a sport as an individual, actual and necessary expenses for competition and practice held in preparation for that competition, provided the sponsor is not an agent or representative of an institution’s athletics interests.

Question No. 22: May an institution provide a student-athlete expenses to return home or to a destination other than campus at the conclusion of a foreign tour?

Answer No. 22: Yes. An institution may provide actual and necessary expenses to a student-athlete to represent the institution in practice and competition, including travel expenses incidental to practice or competition. This provides member institutions flexibility when determining which travel expenses may be reasonably considered incidental to practice or competition, including expenses for student-athletes who do not travel with the team to or from competition during vacations periods (e.g., travel from the competition site to home prior to returning to campus) and travel to the institution for purposes of engaging in required practice activities after the student-athlete’s initial arrival on campus for the academic year.

Question No. 23: May an institution provide entertainment to eligible student-athletes, who will be participating on the foreign tour while on campus for practices for the foreign tour and during the foreign tour?

Answer No. 23: Yes. For purposes of entertainment in conjunction with practice in preparation for the foreign tour competition, the foreign tour is considered “in season.” Therefore, it is permissible to provide entertainment to student-athletes prior to the foreign tour (while on-campus) and during the foreign tour.

Question No. 24: May a student-athlete be involved in institutional fundraising activities for the institution’s foreign tour?

Answer No. 24: Yes. An institution or recognized entity of the institution, conference, or noninstitutional charitable, educational or nonprofit agency may use a student-athlete’s name, picture of appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete’s participation in intercollegiate athletics, provided the conditions for permissible promotional activities for institutional, charitable, education or nonprofit promotions legislation are met.

Question No. 25: May an institution pay to acquire copies of a student-athlete’s birth certificate or visa, provided the birth certificates and visas are credentials required for travel in connection with a foreign tour?

Answer No. 25: Yes.

Question No. 26: May an institution purchase passports for incoming student-athletes who are required for travel with a foreign tour?

Answer No. 26: Yes; however, ideally the incoming or prospective-student athlete would pay for the passport, and once he or she triggers student-athlete status, the institution would reimburse the student-athlete. If the institution pays up front for the incoming student’s passport, it risks a violation if the incoming student never enrolls or is deemed ineligible for the foreign tour.

Question No. 27: May an institution purchase passports for continuing student-athletes who are required for travel with a foreign tour?

Answer No. 27: Yes. An institution may purchase passports for its student-athletes who are required for travel in connection with a foreign tour, and student-athletes may retain ownership of such passports. The institution also may provide student-athletes with reasonable local transportation to obtain such passports.

[References: Bylaws 11.7.1.1 (countable coach), 11.7.3 (noncoaching staff member with sport-specific responsibilities), 12.02.1 (agent), 12.1.2.1.4.3 (expenses from an outside sponsor), 12.3.1.2 (benefits from prospective agents), 15.01.6.1 (student assistance funds), 16.02.3 (extra benefit), 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), 16.8.1.2 (other competition), 16.9.1 (permissible travel expenses not related to practice or competition), 16.11.1.8 (student assistance funds), 17.1.7.1 (daily and weekly hour limitations — playing season), 17.1.7.2.1.5.1 (basketball), 17.1.7.2.2 (skill instruction — sports other than baseball and football), 17.1.7.3.6 (vacation periods and between terms), 17.3.5.1.1 (qualifying regular-season multiple-team event), 17.3.5.1.2 (in-season foreign competition), 17.3.8.3 (involvement of coaching staff), 17.29 (foreign tours), 17.29.1.2.2 (prohibition prior to championship segment), 17.29.1.3 (time lapse between tours), 17.29.1.4.1.1 (exception — basketball), 17.29.1.4.1.1.1 (exception for practice prior to departure — basketball), 17.29.1.5 (practice limitation), 17.29.1.10 (passports), 17.29.2 (outside-team tours), 17.31.4 (exceptions — basketball), staff interpretation (12/12/2014, Item No. a), staff interpretation (8/22/2014, Item No. a), staff interpretation (5/15/2014, Item No. c), staff interpretation (2/28/2014, Item No. d), staff interpretation (9/27/2013, Item No. d), staff interpretation (1/28/2011, Item No. a), staff interpretation (8/11/1995, Item No. c)]

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- 12.15.16- 11.7.1.1, 17.02.1- Sports Psychologist Attending Practice

The Ocean State University softball coaches noticed that a few of their student-athletes have not been performing very well at practice. Thinking the issues may not be athletically related, the coaches asked a sports psychologist to evaluate these student-athletes at yesterday’s skill instruction session.

The sports psychologist watched practice but did not have any contact with the student-athletes. After practice the coaches met with this individual to try to determine what the issues might be. The sports psychologist determined these student-athletes are having trouble focusing, so she asked to meet with them one on one. The coaches are requiring the student-athletes to meet with the sports psychologist this afternoon.

Which of the following is true?

A. The sports psychologist’s presence at practice does not require the institution to count her in the coaching limitations.
B. The individual session the student-athletes will have with the sports psychologist must be considered a countable athletically related activity.
C. Both A and B are true
D. Neither A or B are true

The answer is C. NCAA Official Interpretation- Use of Sports Psychologist (I)- states that a sports psychologist may attend practice sessions without being included in the institution’s coaching limitations in a particular sport, provided the individual does not provide any technical or tactical instruction related to the sport or make or assist in making tactical decisions related to the sport during on-court or on-field practice or competition. A sports psychologist may evaluate a student-athlete during a practice session only for the purposes of assisting the student-athlete in off-court or off-field noncoaching activities (e.g., mental imagery) directly related to the sport; however, if a student-athlete is required to meet with the sports psychologist, such a meeting is considered a countable athletically related activity.

Further, an institution may require a student-athlete to meet with a sports psychologist as a permissible out-of-season conditioning activity for the purposes of assisting the student-athlete in off-court or off-field noncoaching activities (e.g., mental imagery) directly related to the sport, provided the time engaged in such sessions is included in the maximum limit of eight hours per week for countable athletically related activities outside the playing season. In bowl subdivision football, the sports psychologist does not have to count as one of the five strength and conditioning coaches permitted to work with the football program in any capacity.

[References: NCAA Bylaws 11.7.1.1 (countable coach); 17.02.1 (countable athletically related activities); 17.1.7.2 (weekly hour limitations — outside the playing season and staff interpretations, 12/12/14, Item b. which has been archived]

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

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