Daily Compliance Item- 11/12/13- 13.4.1.1.1, 13.9.2.1- Mailing NLIs

The women’s basketball staff at Ocean State University is preparing its National Letter of Intent (NLI) packets to be sent out today via federal express.  Included in this mailing is the NLI, NLI instructions, institutional financial aid agreement and a sports information questionnaire.

Are all of these items permitted to be in this packet?

 

 

No.  It is not permissible to send a questionnaire using express mail services.  NCAA Bylaw 13.4.1.1.1 states that an institution is not permitted to use express mail delivery services and may only use first-class mail or a lesser rate of service (e.g., parcel post) with no extra services (e.g., certified mail, delivery confirmation) to provide permissible printed recruiting materials to prospective student-athletes, their parents or legal guardians, their coaches or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved, who resides within the 50 United States, other than the National Letter of Intent or other written admissions and/or financial aid commitment to attend the institution and necessary pre-enrollment information per Bylaw 13.4.1.1-(h).  [D] (Adopted: 4/28/05 effective 8/1/05,  Revised:  5/12/05, 1/14/08, 4/15/08)

NCAA Bylaw 13.9.2.1 states that an institutional or conference financial aid form may be included in the normal mailing of the National Letter of Intent, but none of the forms enclosed in the mailing may be signed by the prospective student-athlete prior to the initial signing date in that sport in the National Letter of Intent program. [D] (8/5/04)

 

PLEASE NOTE:  This is an actual fact pattern of a Division I secondary rules violation posted on LSDBi.  

Daily Compliance Item- 5/16/13- Countable Telephone Calls

Which of the following could be considered a countable telephone call?

A.  Telephone call initiated by a coaching staff member

B.  Conference call initiated by a coaching staff member

C.  Video-conference initiated by a coaching staff member

D.  All of the above

The answer is D.  NCAA Bylaw 13.02.15 states that all electronically transmitted human voice exchange (including videoconferencing and videophones) shall be considered telephone calls.    (Adopted: 1/10/95, Revised: 1/9/96 effective 8/1/96, 1/14/97, 4/27/00 effective 8/1/00, 9/6/00, 4/29/04 effective 8/1/04, 4/26/07 effective 8/1/07)

 

This legislation is applicable to Divisions I and II.

Daily Compliance Item- 5/14/13- 13.11.2.3- Activities During Unofficial Visit

Dog Leg is a prospective student-athlete being recruited by the golf coaches at Ocean State University.  Dog is taking an unofficial visit this weekend and would like to hit some balls while on campus.  The current student-athletes can bring dog as their guest for a $10 fee.

Dog is permitted to hit balls with the current student-athletes as long as which of the following occurs?

 

1. Dog pays the $10 fee
2. The coaches do not watch Dog hitting balls with the current student-athletes
3. None of the above
4. Both of the above

The answer is 4.  NCAA Staff Interpretation- 5/13/11- Recreational Activities During Official or Unofficial Visit (I)- states that during an official or unofficial visit, a prospective student-athlete may participate in recreational activities in a facility (on- or off-campus) that is not open to the general public (e.g., campus recreation center, golf course, swimming pool), provided such activities are not organized or observed by members of the athletics department coaching staff (including strength and conditioning coaches) and are not designed to test the athletics abilities of the prospective student-athlete. Further, in situations in which there is a fee associated with the use of the facility (e.g., guest fee at a private facility used by the institution for practice or competition, admission fee for open swim session at institutional recreation center), a prospective student-athlete shall pay the going rate associated with the use of that facility.

 

[References: NCAA Division I Bylaws 12.1.2.1.6 (preferential treatment, benefits, or services), 13.2 (offers and inducements), 13.6 (official (paid) visit), 13.7 (unofficial (nonpaid) visit) and 13.11.2.2 (recreational activities); staff interpretations (5/26/10, Item No. 1) and (9/4/08, Item No. a), which has been archived]

Daily Compliance Item- 5/13/13- 13.12.1.7.4- Free Items to Campers

The men’s basketball coaches at Ocean State University purchased apparel, etc. from Nike for their summer camps this year.  As a thank you for their business, Nike sent Ocean State University towels to give out during their camps.

Can the coaches give the towels free of charge to the campers?

 

No.  NCAA Bylaw 13.12.1.7.4 states that prospective student-athletes may receive awards from a member institution’s sports camp or clinic with the understanding that the cost of such awards is included in the admissions fees charged for participants in the camp or clinic.

NCAA Educational Column- 4/9/09- Attendance Restrictions at Institutional and Noninstitutional Camps/Clinics and Material Benefits Provided at Institutional Camps/Clinics (I) states that NCAA Division I institutions should note that pursuant to NCAA Bylaw 13.12.1.2, an institution’s sports camp or clinic must be open to any and all entrants.  An institutional camp or clinic is any camp that is owned or operated by the institution or an athletics department staff member at the institution and includes participants who are prospective student-athletes. An institution may limit the attendance at its sports camps and clinics only by number, age, grade level and/or gender. Further, Bylaw 13.12.2.3.3 permits athletics department personnel, in sports other than basketball, to serve in any capacity at a noninstitutional, privately owned camp or clinic that involves prospective student-athletes as participants, provided the camp is operated in accordance with restrictions applicable to institutional camps (e.g., open to any and all entrants, no free or reduced admission to or employment of athletics award winners, etc.).

Finally, in accordance with Bylaw 13.12.1.7.4, prospective student-athletes may receive material benefits (e.g., awards, prizes, apparel) from an institution’s sports camp or clinic only if the cost of the material benefits is included in the admissions fees charged for the camp or clinic.

Recently, the NCAA Division I Legislative Council reviewed issues related to the promotion of institutional camps and clinics.  The council issued an official interpretation determining that an institution may advertise or promote an institutional camp or clinic in any way, provided any camp or clinic advertisement or promotion (e.g., camp brochure, Web site, newspaper or magazine advertisement) stipulates that the camp or clinic is open to any and all entrants (limited only by number, age, grade level and/or gender).  The following questions and answers are designed to assist Division I institutions in the correct application of these bylaws.

 Attendance Restrictions

Question:  Is it permissible for an institution to limit the attendance at a sports camp or clinic based on the skill level of the participants (e.g., elite athletes, letter award winners, high school varsity athletes)?

Answer:  No, it is not permissible for an institution to limit the attendance at a sports camp or clinic in any way based on skill level.  The only permissible limitations on attendance are number, age, grade level and/or gender.

Question:  May an institution advertise or promote an institutional sports camp or clinic as an “elite” camp or clinic?

Answer:  Yes, an institution may use any words or phrases to advertise or promote its institutional camps and clinics, provided the advertisement or promotion states that the camp or clinic is open to any and all entrants, in accordance with camps and clinics legislation.

Question:  If it appears that an institutional camp or clinic is open to any and all entrants (e.g., no reference to elite camp) is an institution required to include a specific statement stipulating that the camp or clinic is open to any and all entrants on all advertisements or promotions for the camp or clinic?

Answer:  Yes, all institutional camp and clinic advertisements and promotions must include a statement stipulating that the camp or clinic is open to any and all entrants, regardless of how the camp or clinic is advertised.

Question:  May an institution include a statement or description in a camp or clinic advertisement that states advanced techniques will be taught at a camp or clinic without violating the attendance restriction regulations?

Answer:  Yes, a statement or description may be included in an advertisement to inform potential participants of the level of instruction that will be provided at the camp or clinic, including advanced techniques, to allow the participants to make an informed decision about attendance at the camp or clinic.  The advertisement, however, must stipulate that the camp or clinic is open to any and all entrants, in accordance with camps and clinics legislation.

Question:  May an institution advertise and/or conduct a camp or clinic as a position camp?  For example, may a volleyball program conduct a “setter’s camp”??

Answer:  Yes, institutions may conduct position camps provided no level of experience, skill or ability is required and the camp is open to any and all entrants.  Any advertisements must include a statement stipulating that the camp or clinic is open to any and all entrants, in accordance with camps and clinics legislation.

Question:  May an institution conduct an “invitation only” camp?

Answer:  No.  “Invitation only” camps are not permissible because attendance it is not open to any and all entrants, limited only by number, age, grade level and/or gender.

Question:  Is it permissible for a coach to invite certain prospective student-athletes to a camp that is open to any and all entrants?

Answer:  Yes, an institution’s coach may invite certain prospective student-athletes to a camp, provided the camp is open to any and all entrants. However, an institution may not provide any type of priority registration for specific prospects. Additionally, an institution must abide by all applicable recruiting legislation when inviting certain prospects to a camp. For example, a coach may not call or write a prospective student-athlete in ninth grade to extend a camp invitation.

Question:  May an institution reserve spots at a camp or clinic for specific prospective student-athletes?

Answer:  No, an institution is not permitted to reserve spots at a camp or clinic for specific prospective student-athletes.  For example, if a camp is limited to the first 100 entrants, the institution may not reserve 25 of the 100 places for the coach’s top recruits.  The coach would be permitted to invite those 25 recruits; however, if any of them are not within the first 100 to register, they would not be permitted to attend the camp or clinic.

Question:  Is it permissible for an institution to conduct team camps without violating camps and clinics attendance restriction legislation?

Answer:  Yes, an institution is permitted to conduct a team camp.  A team camp must be open to any and all teams limited only by number of teams, age of the members of the teams, grade level of members of the teams (e.g., high school, middle school) and/or the gender of the teams.

It should also be noted that the promotion of team camps is held to the same restrictions as any other institutional sports camp or clinic.  Therefore, team camp advertisements and promotions must include a statement stipulating that the camp is open to any and all teams, limited only by number, age, grade level and/or gender.

Question:  May an institution’s athletics department staff member work at a noninstitutional camp or clinic that is advertised as an elite camp or clinic?

Answer:  Yes, provided the camp is conducted in accordance with the legislation regulating institutional camps or clinics.  Therefore, in order for an athletics department staff member to be employed on a salaried or volunteer basis at a noninstitutional camp or clinic, advertisements or promotional materials must stipulate that the camp or clinic is open to any and all entrants.  Athletics department administrators (e.g., rules compliance personnel) are encouraged to review noninstitutional camps/clinics advertisements and promotional materials prior to permitting coaches and other athletics department staff members to be employed.

 Provision of Apparel and Awards

Question:  May an institution provide apparel and/or other merchandise (e.g., equipment, posters, gifts) to camp or clinic participants?

Answer:  Yes, an institution may provide apparel and/or merchandise to camp and clinic participants, provided the total cost of the items is included in each camp or clinic participant’s admissions fee.  If the cost of the items is not included in each participant’s admissions fee, then the institution is providing participants an impermissible benefit.  For example, if an institution provides each camp participant a basketball and a shirt valued at $45 but the camp admissions fee for each participant is only $40, the institution has provided an impermissible benefit to each participant who received those items.

 Question:  May an institution provide apparel and/or other merchandise (e.g., equipment, posters, gifts) that it receives free of charge or at a reduced rate to camp participants without including the normal retail cost of the item(s) in the participants admissions fee?

 Answer:  No, the institution must assign normal-retail value to the item(s) it provides to camp participants regardless of whether the institution received the item(s) free of charge or at a reduced rate.  The normal-retail value of the item(s) must be included in the participants’ admissions fee.

Question:  Per Bylaw 13.12.1.6.4, the cost of awards received by prospective student-athletes at an institutional camp or clinic must be included in the admissions fees charged to participants at the camp.  Does the full cost of each award have to be included in the admissions fee for each camp participant even though not all camp participants will receive an award?  For example, if all awards provided at the camp cost $100, does the $100 have to be included in each camp participant’s admissions fee?

Answer:  No, the full cost of each award does not need to be included in each participant’s admissions fees.  However, the full cost of the awards must be included collectively in the admissions fee for all camp participants.  For example, if the total cost of all awards to be given out at an institutional camp or clinic is $100 and the camp attendance is capped at 100 participants, each individual admissions fee would have to include an additional $1 used to cover the awards provided at the camp or clinic.

Daily Compliance Item- 4/22/13- 13.1.6.2, 13.12.1.5- Conversations During Camp

Lock Down Corner is a junior football prospect that is interested in enrolling at Ocean State University (OSU) for the fall 2014 term.  Lock has not yet had an opportunity to visit campus and has only had limited conversations with the coaching staff.  Lock is going to attend one of OSU’s football camps this summer and would really like to spend some time during the camp speaking with the coaching staff and getting a tour of the whole campus. Is this permissible?

 No.  NCAA Official Interpretation- 4/19/13-  Recruiting Conversations at Camps and Clinics (I) – states that  a camp or clinic is considered an athletics competition or athletics event. Therefore, a host institution’s coaching staff member may not engage in recruiting activities (e.g., campus tours for recruiting purposes, meetings with faculty members, complimentary admissions, extending written offers or aid) other than recruiting conversations with prospective student-athletes participating in the institution’s camp or clinic until after the completion of the camp or clinic. Any recruiting activities that occur after completion of the camp or clinic are subject to applicable recruiting calendar restrictions.

 [References: NCAA Division I Bylaws 13.1.6.2 (practice or competition site); 13.12.1.5 (recruiting calendar exceptions); and staff interpretations (10/02/92, Item No. b) and (03/25/13, Item No. a), which have been archived]

Daily Compliance Item- 4/16/13- 13.5.2.2.3- Transportation for Parents- Official Visits

The basketball coaches at Ocean State University are hosting a prospect this weekend for an official visit.  The prospect only lives a few hours from campus, so one of the assistant coaches picks up the prospect and his parents to drive them to campus.  The coach would like to take the parents out to dinner before driving to campus.  Would such interaction have to count as a countable contact?

Yes.  Any interaction between the coach and the prospect and/or parents or legal guardians in excess of an exchange of greeting must be counted as a contact.  NCAA Educational Column- 4/11/13-  Coach Travelling with Prospective Student-Athlete’s Parents to Campus on an Official Visit (I)- states that  NCAA Division I institutions should note that pursuant to NCAA Bylaw 13.5.2.2.3, coaching staff members may accompany a prospective student-athlete in the coach’s sport to or from an official visit if the prospective student-athlete travels only by automobile. The official visit’s 48-hour period begins when the coach begins transporting the prospective student-athlete and/or the prospective student-athlete’s parents or legal guardians to campus.

The following questions and answers are designed to assist the Division I membership with the application of legislation regarding a coach accompanying prospective student-athlete and/or parents legislation.

Question No. 1: May a coach transport a prospective student-athlete (and/or the prospective student-athlete’s parents or legal guardians) to campus for an official visit without being charged with a countable contact?

Answer: Once transportation begins, the interaction between a coach and a prospective student-athlete (or the prospective student-athlete’s parents or legal guardians) does not count as a contact. However, prior to beginning the transportation, any interaction that includes dialogue in excess of an exchange of a greeting must be counted as a contact. Therefore, such contact is permissible only during a contact period or, in men’s basketball, a recruiting period.

Question No. 2: May a coach have dinner with a prospective student-athlete’s mother and father before transporting them to campus without being charged with a contact?

Answer: No. Such activity would count as a contact. Any in-person, off-campus contact must occur during a contact period or, in men’s basketball, a recruiting period.

Question No. 3: If a prospective student-athlete and his or her parents or legal guardians live in the locale of the institution (i.e., within a 30-mile radius), may a coach transport them to campus for an official visit outside of a contact period?

Answer: Yes, such an arrangement does not count as a contact; however, it does begin the 48-hour official visit time period.

Question No. 4: If a prospective student-athlete and his parents or legal guardians live in the locale of the institution (i.e., within a 30-mile radius), may a coach have dinner with them before transporting them to campus for an official visit without being charged with a contact?

Answer: Yes. However, the meal begins the 48-hour official visit time period.

 

[References: NCAA Bylaws 13.02.4 (contact), 13.02.5.3 (recruiting period — men’s basketball), 13.1.5 (contacts), 13.5.2.2.3 (coach accompanying prospective student-athlete and parents and legal guardians), a staff interpretation (11/22/1989, Item No. c), and official interpretations (03/13/97, Item No. 5, 10/19/2012, Item No. 5, 10/19/2012 Item No. 6, 01/10/13, Item No. 1)]

 

Notice about Educational Columns: Educational columns and hot topics are intended to assist the membership with the correct application of legislation and/or interpretations by providing clarifications, reminders and examples. They are based on legislation and official and staff interpretations applicable at the time of publication. Therefore, educational columns and hot topics are binding to the extent that the legislation and interpretations on which they are based remain applicable. Educational columns are posted on a regular basis to address a variety of issues and hot topics are posted as necessary in order to address timely issues.

Daily Compliance Item- 4/8/13- 13.1.3.7- Camp Telephone Calls

The women’s basketball coaches at Ocean State University will be conducting camps this summer.  They have a lot of  campers registered but several have yet to send in all the required information.  Is it permissible for the director of basketball operations to telephone the campers’ parents to collect this information?

Yes.  NCAA Bylaw 13.1.3.7 states that telephone calls to an individual (or his or her parents, legal guardians, relatives or coach) that relate solely to institutional camp or clinic logistical issues (e.g., missing registration information) are not subject to the restrictions on telephone calls, provided no recruiting conversation or solicitation of particular individuals to attend a camp or clinic occurs during such calls.  (Adopted:  9/24/09)

NCAA Staff Interpretation- 4/4/13-Institutional Camps and Clinics during the July Evaluation Periods — Women’s Basketball (I)– states that in women’s basketball, institutional camps or clinics may occur during the July evaluation periods. Further, telephone calls to an individual (or his or her parents, legal guardians, relatives or coach) that relate solely to institutional camp or clinic logistical issues may occur during the July evaluation periods, provided no recruiting conversation or solicitation of particular individuals to attend a camp or clinic occurs during such calls.

 

[References: NCAA Division I Bylaws 11.7.1.2.2 (telephone calls regarding camp or clinic logistical issues), 13.1.3.7 (telephone calls regarding institutional camp or clinic logistical issues), 13.1.6.2.1 (additional restrictions — men’s and women’s basketball), and 13.12.1.5 (recruiting calendar exceptions)]

Daily Compliance Item- 3/27/13- 13.1.6.2- Recruiting Conversations During a Camp/Clinic

Ocean State University (OSU) baseball coaches will be conducting instructional camps at the conclusion of the season.  There will be a few prospective student-athletes attending that have verbally committed to OSU.  Since these prospects will not be enrolling in summer school at OSU, the coaches would like for them to participate in academic interviews with advisors in their intended majors during the camp.

Is this permissible?

No.  NCAA Staff Interpretation 3/25/13- Recruiting Conversations at Camps and Clinics (I)- states that a camp or clinic is considered an athletics competition or athletics event. Therefore, a host institution’s coaching staff member may not engage in recruiting activities other than recruiting conversations with prospective student-athletes participating in the institution’s camp or clinic until after the completion of the camp or clinic. Any recruiting activities that occur after completion of the camp or clinic are subject to applicable recruiting calendar restrictions.

 

[References: NCAA Bylaws 13.1.6.2 (practice or competition site); 13.12.1.5 (recruiting calendar exceptions); and (10/02/92) staff interpretation which has been archived]

Daily Compliance Item- 3/26/13- 13.6.7.5, 14.1.7.2.1- Student Host While Enrolled Part-Time- UPDATE

The men’s soccer coaches at Ocean State University (OSU) are hosting a few recruits next weekend.  One of the current student-athletes that would like to serve as a student host is a senior who is enrolled part-time and will graduate in May.  Is it permissible for OSU to provide expenses to this student-athlete to serve as a student host?

Yes.  NCAA Staff Interpretation- 3/25/13- Part-Time Student Serving as Student Host (I)- states that a student must be enrolled in a minimum full-time program of studies at the institution at the time he or she participates as a student host unless the student meets an exception to or is granted a waiver of the full-time enrollment requirements for competition.

[References: NCAA Bylaws 13.6.7.5 (student host); 14.1.7.1.3 (exception – final semester/quarter); 14.1.7.2.1 (exceptions); 14.1.7.3 (waivers), and staff interpretation (12/20/89, Item No. f), which has been archived]

 

PLEASE NOTE THIS SCENARIO WAS USED IN THE JANUARY 10, 2013  DCI.  THE ABOVE INTERPRETATION HAS BEEN UPDATED BY NCAA STAFF TO REFLECT FULL-TIME ENROLLMENT EXCEPTIONS AND WAIVERS.

Daily Compliance Item- 3/19/13- 13.7.2.1- Comp Admissions to a Staff Member’s relative

Ocean State University (OSU) baseball team is competing in away from home contests Friday and Saturday.  The games will be played in the sport administrator’s home town, so he would like for his two nephews to come watch.  If the nephews have reached prospect age, is it permissible for OSU to provide complimentary admissions?

Yes.  NCAA Staff Interpretation- 3/15/13-Complimentary Admissions to an Away-From-Home Contest for an Athletic Department Staff Member’s Relative who is a Prospective Student-Athlete (I)- states that an institution may provide complimentary admissions to an away-from-home contest to an athletic department staff member’s relative who is a prospective student-athlete.

[References: NCAA Division I Bylaws 13.02.12 (prospective student-athlete); 13.2 (offers and inducements); 13.6.7.1 (general restrictions) and 13.7.2.1 (general restrictions), and a staff interpretation (9/14/90, Item No. a), which has been archived]