Daily Compliance Item- 5.19.17- 16.1.4.4- Award from Civic Organization

LAST DCI for the 2016-17 Academic Year. Will send Summer DCIs over the next 2 months and resume with the regular schedule August 1st.

HAVE A GREAT SUMMER!!

The local Lions Club wants to recognize the Ocean State University Men’s and Women’s Golf Teams for their community service efforts this year. These Orcas put in over 800 hours collectively this year to help keep the city parks clean. Is it permissible for the Lions Club to provide the student-athletes with a small plaque?

Yes with conditions. NCAA Bylaw 16.1.4.4 states that a local civic organization (e.g., Rotary Club, Touchdown Club) may provide awards to a member institution’s team(s), provided such awards are approved by the institution and are counted in the institution’s limit for institutional awards.

Jennifer M. Condaras
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 Th 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- 5.16.17- 17.29.1.4- Foreign Tour Eligibility

Fast Break is a basketball student-athlete at Ocean State University (OSU). Fast competed for OSU during the fall 2016 semester but became academically ineligible for the spring 2017 semester. OSU is participating in a foreign tour this summer. Even though Fast was not eligible during the spring semester, could he be eligible to compete in the summer foreign tour?

Yes. NCAA Staff Interpretation- 5/15/14- Eligibility for Foreign Tour If Ineligible During a Term of the Previous Academic Year (I) – states that a student-athlete who is eligible for any term during the previous academic year at the certifying institution would be eligible to compete in the institution’s foreign tour taken during the summer immediately following that same academic year. For example, if a student-athlete is eligible in the fall term at the certifying institution, but not eligible in the spring term of the same academic year, the student-athlete would be eligible to compete in the institution’s summer foreign tour taken during the summer after the conclusion of the preceding academic year.

[References: NCAA Division I Bylaws 14.5.1 (residence requirement — general principle); 17.28.1.4 (eligibility of student-athletes) and a staff interpretation (4/2/08 Item No. a) that 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.

Daily Compliance Item- 5.15.17- 17.02.18- Voluntary Activities

Bo Gee is a golf student-athlete at Ocean State University. Bo had a bit of a rough season with his putts and wants to make sure he is doing the right things over the summer to improve his technique. Bo asks the coach if he can set up a meeting with him one day this summer to discuss ways he can get better.

Is this permissible? Yes with conditions. NCAA Official Interpretation- 11/7/91- Individual consultation with a coach initiated voluntarily by a student-athlete- states that individual consultation with a coaching staff member initiated voluntarily by a student-athlete is not a countable athletically related activity, provided any discussion between the coach and the student-athlete is limited to general counseling activities and does not involve activities set forth in 17.02.12.1 (e.g., chalk talk; use of equipment relating to the sport; field, floor or on-court activity). [References: 17.02.1.2-(j) (non-countable athletically related activities); 17.02.12.1 (activities considered as practice)]

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- 3.30.17- 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.