Daily Compliance Item- 5.19.15- 15.2.8, 15.3.2.2- Summer Aid Agreement

Ocean State University is providing several student-athletes with athletic aid to attend summer school.  Is the institution required to provide these student-athletes with a written grant-in-aid agreement noting the amount, etc.?
 
No.  NCAA Official Interpretation- 7/30/12-  Notification of Summer Financial Aid Award (I) – states that  an institution that is providing a financial aid award to a student-athlete for attendance at the institution’s summer session is not required to provide the recipient with a written statement of the amount, duration, conditions or terms of the award.
  [References: NCAA Division I Bylaws 15.2.8 (summer financial aid) and 15.3.2.3 (written statement requirement); a staff interpretation (5/31/12, Item c) and an official interpretation (10/14/92, Item No. 5-c-(4)) which have been archived]
Jennifer M. Condaras 
Associate Commissioner
BIG EAST Conference

Daily Compliance Item- 2.16.15- 16.7- Entertainment on Required Day Off

Classes are not in session today at Ocean State University (OSU) in observance of President’s Day.  The softball team played a double header yesterday, so the student-athletes were unable to go home for the long weekend.  Today is the softball team’s once per week required day off.  Is it permissible for OSU to provide the student-ahtletes with some form of reasonable entertainment today?
 
Yes.  NCAA Bylaw 16.7 states that an institution, conference or the NCAA may provide reasonable entertainment (but may not provide cash for such entertainment) to student-athletes in conjunction with practice or competition. [R] (Revised: 1/19/13 effective 8/1/13)
 
The4/3/14  NCAA Working Group on Collegiate Model- Rules Q&A- RWG 16-6- states:
 
Question:  May entertainment be provided during the required day off during the playing season?
  Answer:  Yes.  

Daily Compliance Item- 1.23.15- Current Event

Conferences form coalition to improve student-athlete experience

USAToday.com

A group of 32 college athletic conferences announced Thursday the creation of a coalition hoping to protect and improve the student-athlete experience.

The coalition, which will be named the “Coalition to Protect the Student-Athlete Experience,” will aim to bolster the current benefits that student-athletes receive through communication and input on improvement.

Here is the full release provided by the coalition:Faced with potential changes that could impact universities of all sizes in all regions of the country, a group of 32 conferences today announced the creation of a coalition designed to protect and improve the student-athlete experience.The coalition includes all conferences of all sizes throughout Division I. The coalition will serve as a loosely knit forum for the conferences to join together to communicate the many benefits student-athletes receive and to provide input on ways to continuously improve the student-athlete experience.”For generations, college athletics have been a crucial part of the educational experience. Thanks to the way college sports are run, student-athletes gain an education, learn skills, and have opportunities in life. But today, those benefits are being challenged,” said Craig Thompson, the commissioner of the Mountain West Conference.

 
“We’re proud of what has been done for student-athletes across the collegiate landscape, recognizing that athletics are an important part of the academic experience,” Thompson added. “I’m pleased every Division I conference has joined together to protect and improve the college experience.”
 
Under the coalition, named the “Coalition to Protect the Student-Athlete Experience,” individual institutions and conferences will continue to make their own decisions about benefits or other items that fall under their individual purviews.
 
The 32 conferences of the CCA supporting the formation of the coalition are the America East, American, Atlantic 10, Atlantic Coast, Atlantic Sun, Big 12, Big East, Big Sky, Big South, Big Ten, Big West, Colonial Athletic Association, Conference USA, Horizon League, Ivy League, Metro Atlantic Athletic, Mid-American, Mid-Eastern Athletic, Missouri Valley, Mountain West, Northeast, Ohio Valley, Pac-12, Patriot League, Southeastern, Southern, Southland, Southwestern Athletic, Summit League, Sun Belt, West Coast and Western Athletic conferences.
This article was selected for educational purposes only.

Daily Compliance Item- 9/18/14- 16.1.5.4- Student-Athlete Contribution to Award

The Ocean State University (OSU) men’s soccer team won the Ocean Eleven’s Conference Tournament last year.  A few of the student-athletes wanted to upgrade the quality of their championship rings, so they each paid an extra $150 to get nicer ones.
Is this permissible?
No.  NCAA Bylaw 16.1.5.4 states that the value of an award may not exceed specified value limits, and a student-athlete may not contribute to its purchase in order to meet those limits.
This is an actual fact pattern of a secondary rules violation.  The institution was required to request reinstatement for the involved student-athletes’ eligibility.

Daily Compliance Item- 9/15/14- 12.3.1.3- Career Counseling

Ocean State University is going to have a career fair for its entire student body the first Wednesday in October.  Because the majority of student-athletes will be unable to attend this fair due to class, practice and/or competition schedules, the Athletic Department is going to host a separate career fair just for student-athletes the following Friday.  Is it permissible for an institution to host a career fair exclusively for student-athletes?
 
Yes.  NCAA Bylaw 12.3.1.3 states that a student-athlete may use career counseling and internship/job placement services available exclusively to student-athletes, provided the student-athlete is not placed in a position in which the student-athlete uses his or her athletics ability.  (Adopted:  4/28/11)

 

Daily Compliance Item- 10/4/12- 14.2.2.3- Joint College / HS Program

Nick L. Safety, a senior in HS, is interested in participating on the football team at Ocean State University next year.  During this academic year, Nick is enrolled in three courses at a college in his hometown.  He is taking these courses through an established program offered at his HS.  Nick will receive both HS graduation and college credit for these two courses.

By taking the college courses, does Nick start his five-year eligibility clock?

No, as long as he does not participate in intercollegiate athletics while enrolled in the joint program.  NCAA Bylaw 14.2.2.3 states that a student-athlete’s eligibility under the five-year rule does not begin while a student is enrolled in a collegiate institution in a joint high school/college academic program for high school students in which the courses count as both high school graduation credit and college credit, provided the student has not officially graduated from high school and does not participate in intercollegiate athletics while enrolled in the joint program. (Revised: 11/1/01 effective 8/1/02)

Daily Compliance Item- 10/3/12- 12.5.1.1, 16.10.1.7- Awards for Community Service Participation

The women’s tennis team at Ocean State University (OSU) participated in a function over the weekend in support of the American Cancer Society.  One of the local businesses that sponsored the activity would like to provide the student-athletes with a small token of appreciation for their time and efforts.  Is it permissible for the OSU student-athletes to receive an award for participating in this community service activity?

Yes with conditions.  NCAA Staff Interpretation- 2/28/90-Student-athlete receiving award for participation in charitable fundraiser– states that in regard to student-athletes who participate in a charitable fundraiser to raise funds for a charitable organization, which was sponsored by the member institution or by the charitable organization, noting that local merchants wish to provide awards to the participants; determined that such an arrangement would not be precluded provided the award item is of nominal value and the award is properly personalized for the event (e.g., t-shirt).

Daily Compliance Item- 10/2/12- 16.11.2.2- 2 for 1 Meals

There is an Italian restaurant near Ocean State University’s (OSU) campus that sells two pizzas for the price of one to all OSU students on Monday and Wednesday nights.  Is it permissible for the student-athletes to accept this offer?

Yes.  NCAA Staff Interpretation- 10/25/89-Two-for-one-meal deal– states that in regard to a restaurant that wishes to provide to all students (including student-athletes) who live on campus two meals for the price of one; confirmed that such an arrangement would not be precluded, noting that it is not a violation of NCAA legislation if it is demonstrated that a benefit is available to subsets of the institution’s student enrollment.

Daily Compliance Item- 9/28/12- Current Events

Ed O’Bannon lawsuit dives into mysteries of

NCAA’s publicity form for athletes

AL.com
BIRMINGHAM, Alabama — Every year, college athletes receive a stack of papers to sign. They’re part of what’s called the “Student-Athlete Statement,” which consists of multiple forms seeking signatures on everything from testing for drugs to testing for ACT/SAT scores.
One form in this package stands out lately and says this: “You authorize the NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] to use your name or picture to generally promote NCAA championships or other NCAA events, activities or programs.”
That statement is a key part of the Ed O’Bannon class-action lawsuit against the NCAA, EA Sports and Collegiate Licensing Company over the use of college athletes’ names, images and likenesses even after they leave campus.
How long can the NCAA hold those publicity rights? What rights do athletes retain by signing the form? And do athletes even need to sign that form in the first place to be eligible? Those questions surfaced in recent depositions and documents filed in the 3-year-old court case, which could be certified as a class action by next March.
NCAA President Mark Emmert testified last March he doesn’t think signing the form is a requirement for an athlete to participate in an NCAA-sanctioned event.
“I don’t know of an incident where that’s been an issue,” Emmert said. “I believe it’s the case that there is not a formal requirement, but I’m not completely sure of that.”
David Berst, an NCAA Division I vice president, testified the form is voluntary and that he has never been told some schools tell athletes they’re ineligible for a scholarship if they don’t sign.
“I’d be pleased to ensure that it’s clearly understood that you have a choice,” Berst said. “I frankly can’t imagine that any student-athlete would not want to be helping and be the one who might be depicted as promoting the next game. But if they don’t want to be, no, I’m fine with that. It makes sense to me.”
An Ithaca College survey of 213 Division I compliance officers found that 20 percent have witnessed athletes who did not want to sign part or all of the Student-Athlete Statement. When the survey asked if the document giving the NCAA promotional rights is necessary for an athlete’s eligibility, 80 percent of compliance officers said it is not.
“Many said that it really doesn’t have anything to do with eligibility apart from the fact that (compliance officers say) in order to be eligible athletes must sign that form,” then-Ithaca College sport management professor Ellen Staurowsky told The Birmingham News in 2011. “That’s a very interesting way of explaining things.”
“Not inconceivable” to pay ex-athletes

In his deposition, Berst was asked a series of hypothetical questions about whether the University of Kentucky could share any revenue derived from an athlete’s name, image or likeness after the player’s eligibility ends.
Berst said the promise of future pay would violate NCAA rules. “And that frankly is the nonstarter I’ve been talking about with our membership,” he said. “Our presidents simply won’t go there.”
Then came another hypothetical: What if Kentucky spontaneously issues $100,000 each to its starting five basketball players who won the 2012 NCAA title and now play in the NBA given that their names and images will be used on commercial products in the future? Berst said it’s “not inconceivable” that scenario could be permitted if there was no promise of sharing that money and no current athletes’ eligibility is impacted.
“I think Kentucky can end up paying whatever student-athletes are due for use of their likenesses when they’re no longer student-athletes by virtue of whatever those business kinds of arrangements are that are understood and reasonable by all of the lawyers,” Berst said. “It can’t be something special or extra or I’m going to take care of you more so than some other student-athlete attending another institution.”
The last hypothetical question: Could Kentucky apply a rule that when athletes end their eligibility, the school will give them all of their video footage to commercialize any way they wish?
“I would say the regulatory system of the NCAA, the rules of the NCAA, don’t address that kind of an issue,” Berst said.
Emmert and Berst testified the media-rights provision went into place about a decade ago for the purpose of promoting NCAA championships. Emmert said athletes who sign release the rights to use their image to promote championship games “for whatever period of time they’re used to promote championship games.”
“It’s really circuitous, isn’t it?” a lawyer for the plaintiffs asked. “How long? Infinite?”
“For promoting a championship game, yes, for that sole purpose, yes,” Emmert said.
Lately, the NCAA and the ex-players are locked in a battle of semantics over what points to admit. One of those points is over U.S. District Judge Claudia Wilken ruling that “student-athletes retain rights to their images, likenesses and names, and can license them once they are no longer student-athletes.”
The ex-players admit in court documents that Wilken’s order suggests athletes retain “certain rights.” The NCAA argues the response is “nonsensical and evasive” and wants the ex-players to admit this point “to the fullest extent possible.”
The ex-players say they have always acknowledged athletes retain some rights, but not all rights. “For example,” a lawyer for the plaintiffs wrote, “a former student-athlete can sign autographs, but he cannot sell footage of his game-winning shot at the NCAA tournament, because the NCAA takes the position that it is the owner of that footage.”
Former Alabama football player Tyrone Prothro, who is a plaintiff in the suit, told The News in 2011 that athletes give little consideration to the documents they’re instructed to sign.
“There are other things to worry about than signing a bunch of papers during two-a-days,” Prothro said. “Now, I realize I signed over pretty much my rights to everything that I accomplished.”
PLEASE NOTE:  This article was selected for educational purposes only.

Daily Compliance Item- 2/23/12- 16.1.4.3

The Ocean State University women’s basketball team won its conference tournament this year.  The Conference office will be providing each member of the team with a championship gift.  There are two student-athletes on the team that did not attend the tournament because they have been academically ineligible all year.

Can the Conference office provide a gift to these two student-athletes?

No.  NCAA Official Interpretation- 12/12/94- National or Conference Championship Awards to Ineligible Student-Athletes– states that it is not permissible for an institution or conference (or organization approved by either) to provide awards in recognition of conference or national championships to student-athletes who were not eligible to represent the institution in intercollegiate competition during the applicable sport season. [References: 16.1.4.3 (conference and national championships) and staff minute 12/07/88, item c]