Daily Compliance Item- 5/15/13- 12.5.2.3.3- Athletic Ability to Win a Prize

Ocean State University (OSU) conducts a promotional activity between the 4th and 5th innings of all its home baseball games.  This activity includes hitting a ball from a pitching machine.  If the person hits a home run, he/she wins $100.  To participate in this activity, the person must fill out the designated card and drop it in the box.  Any individual attending the game is permitted to enter and the participants are randomly selected.  At today’s game, a current football student-athlete was selected to be one of the participants.  If he hits a home run, is he permitted to accept the $100 prize?

Yes.  NCAA Bylaw 12.5.2.3.3 states that receipt of a prize for winning an institutional or noninstitutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a prospective or enrolled student-athlete (or a member of his or her family) does not affect his or her eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate. (Revised: 1/9/96 effective 8/1/96, 3/25/05, 6/12/07)

Daily Compliance Item- 5/9/13- 12.5.1.1- Summer Promotional Activity

Several incoming freshmen at Ocean State University (OSU) will be enrolling in classes this summer.  Since they will be on campus, the sports communications staff would like for them to participate in a few promotional activities with the current student-athletes.  Is this permissible?

Yes.  NCAA Staff Interpretation- 11/8/11-  Prospective Student-Athlete Participating in Promotional Activities During Summer Prior to Initial Enrollment (I) – states that  a prospective student-athlete who officially registers, enrolls and attends classes at the certifying institution during the summer prior to initial enrollment may participate in a promotional activity.

 

[Reference: NCAA Division I Bylaws 12.5.1.1 (institutional, charitable, education or nonprofit promotions); 13.02.12 (prospective student-athlete); 13.02.12.1 (application); and 16.10.1.7 (charitable, educational or nonprofit activities)]

Daily Compliance Item- 4/2/13- 12.2.1.3- Medical Exams

As the NFL Draft approaches, several professional teams have sent requests for the results of medical examinations to Ocean State University (OSU) for Shot Gun, its star quarterback.  Shot had shoulder surgery after the season ended last year.  Is this permissible?

Yes with conditions.  NCAA Staff Interpretation- 3/25/13- Medical Examinations Conducted by a Professional Athletics Team (I)- states that medical examinations (e.g., psychological examinations, eye examinations, hearing examinations) conducted by a professional athletics team constitute a tryout designed, in part, to measure the athletics ability of a student-athlete. The staff noted that a member institution is permitted to conduct these examinations in accordance with permissible medical expenses and may provide the results to a professional sports organization at its discretion.

 

[References: NCAA Bylaws 12.2.1.3 (tryout after enrollment) and 16.4 (medical expenses); and a staff interpretation (02/28/91, Item No. a, which has been archived)]

Daily Compliance Item- 4/1/13- 12.5.1.4- Congratulations Banner

A local pizza restaurant would like to recognize the Ocean State University (OSU) men’s swim team for winning their first ever national championship.  The restaurant bought advertising space on a billboard near campus that reads “Congratulations Ocean State University Men’s Swim Team for Their First National Championship!”.

 

Is this permissible?

 

Yes with conditions.  NCAA Bylaw 12.5.1.4 states that it is permissible for a student-athlete’s name or picture, or the group picture of an institution’s athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided: (Revised:  5/21/08)

 

(a) The primary purpose of the advertisement is to publicize the sponsor’s congratulations to the student-athlete or team;

 

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

 

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

 

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

 

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

Daily Compliance Item- 3/1/13- 12.3.1.2- Benefits from an Agent

Brick is a men’s basketball student-athlete at Ocean State University.  Brick is a junior and likely to be drafted by the NBA after the 2012-13 academic year.  Brick is going to participate in permissible tryout opportunities after the season and has been approached by several agents.  Brick has informed the agents that he cannot enter into any type of verbal or written agreement with them without jeopardizing his eligibility.  Several of the interested agents would like to give Brick a new pair of sneakers to use for the tryouts.  Is this permissible?  If not, is it permissible to provide the sneakers to Brick’s siblings instead?

No, it is not permissible to provide any benefits to Brick or any of his friends and/or family members.  NCAA Bylaw 12.3.1.2 states that an individual shall be ineligible per Bylaw 12.3.1 if he or she (or his or her relatives or friends) accepts transportation or other benefits from: (Revised: 1/14/97)

(a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general; or

(b) An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete’s sport. (Adopted: 1/14/97)

A very useful document to assist men’s basketball student-athletes with eligibility remaining is the 2013 NBA Draft memo from the NCAA Staff.  This document can be found on NCAA.org.

Daily Compliance Item- 1/30/13- 12.5.2.1- Use of Picture in Promotional Activity

Four men’s basketball student-athletes at Ocean State University created a club card/flyer to promote an after-game party at a night club following the Superbowl this weekend.  Student-Athletes are working with an entertainment company and have distributed the flyers on campus during the the past two weeks.  All four student-athletes provided photos of themselves for use on the flyer to assist with promotions. The student-athletes did not think there actions were in violation of any NCAA Bylaws because one of the student-athletes paid for the creation of the flyer.  Additionally, the student-athletes will not receive any compensation for event.

Is this a violation?

Yes.  NCAA Bylaw 12.5.2.1 states that after becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:

(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or

(b) Receives remuneration for endorsing a commercial product or service through the individual’s use of such product or service.

 

This is an actual fact pattern of a secondary rules violation posted on LSDBi.

Daily Compliance Item- 1/15/13- 12.4.2.1- Fee-for-Lessons

Lib E. Ro is a volleyball student-athlete at Ocean State University.  Lib has some time in between the end of the fall season and the spring non—championship season, so she decides to teach lessons to earn some spending money.  Lib uses her name to advertise fee-for-lesson sessions. Specifically, Lib distributed brochures advertising private lessons using her name. Lib sought approval of the brochure after she had distributed to local club coaches via email.

Is this permissible?

 

No.  NCAA Bylaw 12.4.2.1 states that a student-athlete may receive compensation for teaching or coaching sport skills or techniques in his or her sport on a fee-for-lesson basis, provided: [R]

(a) Institutional facilities are not used; (Adopted: 4/25/02 effective 8/1/02)

(b) Playing lessons shall not be permitted; (Adopted: 4/25/02 effective 8/1/02)

(c) The institution obtains and keeps on file documentation of the recipient of the lesson(s) and the fee for the lesson(s) provided during any time of the year;   (Adopted: 4/25/02 effective 8/1/02)

(d) The compensation is paid by the lesson recipient (or the recipient’s family) and not another individual or entity; (Adopted: 4/25/02 effective 8/1/02)

(e) Instruction to each individual is comparable to the instruction that would be provided during a private lesson when the instruction involves more than one individual at a time; and  (Adopted: 4/2/03 effective 8/1/03)

(f) The student-athlete does not use his or her name, picture or appearance to promote or advertise the availability of fee-for-lesson sessions.  (Adopted: 4/2/03 effective 8/1/03)

 

This is an actual fact pattern for a secondary infractions case posted on LSDBi.  The institution requested reinstatement for the student-athlete and provided a rules education session for all coaches and student-athletes