Compliance Corner

Also published today:

Issues Related to Benefits from Former Teammates and Agents in Conjunction with Professional Drafts (I)

NCAA institutions should note that, each year, parties or other events occur across the country in conjunction with the annual drafts for professional sports leagues. These parties and other events are hosted and/or attended by agents, third parties, professional athletes, and draft prospects. A current student-athlete's attendance at such parties or events may result in violations of NCAA legislation if the student-athlete does not pay for the benefits or services he or she receives.

Travel expenses, lodging, meals and other expenses (e.g., entertainment) provided to a current student-athlete at no charge and financed by individuals meeting the definition of an agent per NCAA Bylaw 12.02.1 (agent) would result in a violation of the benefits from prospective agents legislation. The NCAA enforcement staff is aware of previous draft day parties and events where draft prospects invited friends and former teammates, some of whom were then-current student-athletes, to attend such events. Unbeknownst to the student-athlete, the expenses received (e.g., entertainment, lodging, meals) were financed by individuals meeting the definition of an agent per Bylaw 12.02.1 (agent). Receipt of such expenses constitutes an impermissible benefit from an agent and jeopardizes the student-athlete's NCAA eligibility.

The NLI spring signing period is just around the corner, so we have dead period reminders for:

• Men's basketball

• Women's basketball

• Other sports

You can pick it up on our Handbook page. It includes changes adopted in March 2012.

The NCAA Presidential Working Group—Rules wants feedback from the membership about its draft changes to Bylaws 11, 13, and 16.

The drafts include a set of overarching commitments for the division, specific concepts for three bylaws, and drafts of rewritten bylaws related to personnel, recruiting, and student-athlete awards and benefits.

Also, the Committee on Academic Performance is soliciting feedback on delaying new initial-eligibility requirements until 2016. Comments must be provided by mid-April because the Board of Directors could act to change the effective date of the rule at its April 26 meeting. You can read the background information and send feedback to Diane Dickman or Jennifer Strawley.

Been a busy week an HQ. Today's interp:

Staff Interpretation

Electronic Transmissions to a Nonscholastic Coach who is the Parent of a Women's Basketball Prospective Student-Athlete (I)
The academic and membership affairs staff determined it is not permissible for an institution to send an impermissible form of electronically transmitted correspondence (e.g., text message, instant message) to the parent or legal guardian of a women's basketball prospective student-athlete who serves on the staff of his or her daughter's nonscholastic team unless the individual also serves as a head coach of his or her daughter's scholastic team and the electronic transmission is unrelated to recruitment of his or her daughter. [References: NCAA Division I Bylaws 13.1.3.1.4.1 (additional restrictions -- additional communication with a parent or legal guardian who serves on staff of a nonscholastic team) and 13.4.1.2 (electronic transmissions)]

Here's a good example of why we'll all be happier if the ban on text messages is lifted.

The override period for the proposals adopted or defeated in January closed a little over an hour ago.

Interestingly, Proposal 2011-46 gathered 30 override requests from FCS members (only 1 was submitted by FBS), so we think that one is headed back to the Legislative Council for review, since only 25 requests from FCS members was needed to to trigger the review. The legislation remains adopted and in place while the review occurs since 50 requests are needed to suspend adopted legislation.

No other proposal garnered more than 7 override requests. So, consider these proposals final:

Adopted Proposals 2011-23*, 2011-26*, 2011-27*, 2011-34*, 2011-43, 2011-45*, 2011-46*-FBS, 2011-50* 2011-52*, 2011-62, 2011-63*, 2011-67, 2011-72*, 2011-75*, 2011-84 (Section B), 2011-88, 2011-89, 2011-91*, 2012-1*, 2012-2*, and 2012-3*. (Asterisked items are effective immediately.)

Defeated Proposals 2011-64, 2011-68, and 2011-86.

A new staff interp (which really ties together a couple of older interps), published today:

Eligibility for Practice and Regular-Season Competition Following Last Term of Eligibility (I)
The academic and membership affairs staff confirmed that a student-athlete who completes his or her degree requirements may participate in practice and regular-season competition that precedes a postseason event that begins within 60 days after the end of the term [including an academic year interim term (e.g., mini-term, J-term)] in which the student completes the requirements for the degree (or graduate eligibility), provided the student has not exhausted his or her five years of eligibility. [References: NCAA Division I Bylaws 14.1.1 (post-season and regular-season competition), 14.1.8.1.3 (exception -- final semester / quarter), 14.1.8.2.1.3 (final semester / quarter), 14.1.9.3 (postseason event following last term of eligibility), 14.2.1 (five-year rule); official interpretations (06/30/92, Item No. 2 ), (04/23/87, Item No. 3) and (10/23/86, Item No. n) which have been archived and staff interpretations (11/10/93, Item No. b) and (12/30/87, Item No. p), which have been archived]

An EdCol from late last week:

Counting Exempt Competitions for Basketball Scheduling Requirements (I)

Date Published: March 7, 2012 

NCAA Division I institutions should note that, per divisional membership requirements, an institution may not schedule and play more than four basketball contests in an academic year against non-NCAA Division I four-year collegiate institutions. Any contest with outside competition must be counted toward the four-game limit, regardless of whether it is countable toward the maximum contest limitation in NCAA Bylaw 17. Therefore, exhibitions against non-NCAA Division I four-year collegiate institutions, practice scrimmages and other exempt contests must count toward the four-game limit. [References: NCAA Division I Bylaws 17.3.3.1 (exceptions), 17.3.5.3 (annual exemptions) and 20.9.6.1 (four-game limit); and an official interpretation (1/31/85, Item No. 1)

It's our understanding that more than one institution forgot that an exempted exhibition game against a non-Division I member counts toward the annual four-contest limit.

Three new items on LSDBi today:

• Donations to Outside Sports Clubs or Training Centers
What's okay and what's not okay when these clubs and training centers include prospects and student-athletes and an institutional or booster donation is involved.

• NCAA Division I Bylaw 14.4.3.1.6 -- Fall Term Academic Requirements in Football
A 22-question long FAQ. That's roughly one question for every line in the Manual that NCAA 14.4.3.1.6 (and its subsections) occupy. 

• NCAA Division I Bylaw 16.12.1.1 -- Previously Approved Incidental Expenses
This is one to print and save.

How to deal with NCAA Proposals 2011-99, 2012-2, and 2012-3, Volume I.

205 in favor of the override (62.12%), 125 opposed.

If two votes had gone the other way, the 62.5% threshhold would have been reached.

The NCAA announcement that multi-year grants and athletics aid beyond the current six-year time limitation are permissible for aid awarded for the 2012-13 academic year and beyond.

Chuck Smrt of the Compliance Group makes some enforcement-related predictions.

Institutions can vote via LSDBi until 5 p.m. ET, February 17. Remember, not voting is not the same as a "no" vote.

New today on LSDBi:

Staff Interpretation
Use of Credits Earned During an Interim Term for Midyear Certification (I)

The academic and membership affairs staff determined that credits earned during an academic year interim term (e.g., J-term, mini-term) may be used for purposes of a midyear certification to satisfy the 24/36-hour, 18/27-hour and percentage of degree requirements, regardless of how the credits appear on the student-athlete’s transcript (e.g., as part of the interim term or either the preceding or immediately following regular academic term). Further, such credits must be used for purposes of midyear certification of the grade-point-average requirement. Finally, the institution must document that the interim term credits were satisfactorily completed prior to the start of the regular academic term immediately following the interim term. [References: NCAA Division I Bylaws 14.4.3.1 (fulfillment of credit-hour requirements), 14.4.3.1.1 (regular academic year), 14.4.3.2 (fulfillment of percentage of degree requirements), 14.4.3.3 (fulfillment of minimum grade-point-average requirements), and 14.4.3.4.7 (credit from other institutions), and staff interpretations (12/21/11, Item No. d), (12/20/06, Item No. 1) and (11/8/89, Item No. e), which has been archived]

The Handbook Update comes in three flavors. You can get it on our Pac-12 Handbook page.

Register here.

New on LSDBi:

NCAA Division I Proposal No. 2011-45 has been edited to clarify that evaluations at nonscholastic events and noninstitutional camps or clinics that occur on a Division I campus during evaluation periods are prohibited. Previously, the text of the proposal indicated that evaluations would be prohibited at noninstitutional events, camps and clinics that occur on a Division I campus.

In addition, language has been added to the effective date to clarify that the provision of the effective date related to contracts applies only to whether an institution may host, sponsor or conduct a nonscholastic basketball practice or competition in which women's basketball prospective student-athletes participate on its campus or at an off-campus facility regularly used by the institution for practice and/or competition by any of the institution's sport programs. The prohibition against evaluations at nonscholastic events and noninstitutional camps or clinics that occur on Division I campuses during evaluation periods is effective immediately regardless whether signed contracts will allow such events to occur.

The NCAA has posted an updated FAQ on Proposals 2011-96 (additional miscellaneous expenses)  and 2011-97 (multi-year grants).

We've got a NLI signing window opening on February 1, so you can pick up a dead period reminder for football or for soccer, field hockey, men's water polo, track & field, and cross country.

So, the January dust has settled, and reports from the Board of Directors, Leadership Council, and Legislative Council are out.

Here's where we stand, working our way down from the top:

The biggest issues

• The Board of Directors held firm on Proposal 2011-97 (multi-year grants). The proposal remains in effect, meaning that multi-year grants can be offered to prospects during the upcoming NLI signing period in February. An online vote of the membership is also tentatively slated for February.

• The Board rescinded its previous action to adopt Proposal 2011-96 (additional miscellaneous expenses). The Student-Athlete Well-Being Working Group has been charged with coming up with a model that includes a miscellaneous expense allowance while also factoring in need. The Board anticipates a vote on a new proposal in April. In the meantime, the additional miscellaneous expenses may not be offered to NLI signees in February and beyond and nonathletics aid will again count toward team limits.

• Recommendations to reduce team financial aid limits in football and women's basketball and eliminate foreign tours were defeated by the Board. A cap has been placed on the number of contests/dates of competition in all sports pending a review of the numbers.

The NCAA website has a summary of this week's meeting. As expected, much was tabled, but a few proposals were adopted (e.g. new definition of agent, football NLI signing limits) or defeated (e.g., year of academic readiness, five seasons of competition in football). 

We're hearing none of the actions on proposals was reconsidered today before adjournment, so they're off to the Board for an optional review on Saturday.

The NCAA has published a 13-page primer pertaining to calculating a transferable degree-credit grade-point average. 

Just a nudge about the February 1 deadline contained in NCAA 14.3.1.1.1.1:

14.3.1.1.1.1 Submission of Final Transcript. 
If a student-athlete is certified as a qualifier pursuant to the early academic certification exception and his or her initial full-time collegiate enrollment occurs at the certifying institution during the first term of the academic year, the institution shall ensure submission of his or her final high school transcript (official or unofficial) to the NCAA Eligibility Center by February 1 following the student-athlete’s initial full-time enrollment. If a student-athlete is certified as a qualifier pursuant to the early academic certification exception and his or her initial full-time collegiate enrollment occurs at the certifying institution after the conclusion of the first term of the academic year, the institution shall ensure submission of his or her final high school transcript (official or unofficial) to the NCAA Eligibility Center by February 1 of the following academic year.

Some holiday gifts from the NCAA:

Official Interpretation
Student-Athlete Performing Required Field or Facility Preparation or Maintenance (I)
The committee determined that field or facility preparation or maintenance that is performed by a student-athlete, related to practice or competition and required, supervised or monitored by a coaching staff member is not a countable athletically related activity. [References: NCAA Division I Bylaws 17.02.1 (countable athletically related activities), 17.1.6.1 (daily and weekly hour limitations -- playing season), 17.1.6.2 (weekly hour limitations -- outside the playing season); and a staff interpretation (10/20/11, Item No. a), which has been archived]

Staff Interpretation
Credits Earned from Another Institution During an Interim Term -- Football (I)
The academic and membership affairs staff confirmed that credits taken at another institution during the regular academic year in an interim term (e.g., J-term, mini-term) completed before the beginning of the following term (spring semester or winter quarter) may not be used to satisfy the six-hour requirement or the nine-semester/eight-quarter hour requirement. However, these credits may be used to satisfy the 27/40-hour requirement, 18/27-hour and the percentage-toward degree requirements, provided the credits are acceptable for degree-credit at the certifying institution. [References: NCAA Division I Bylaws 14.4.3.1 (fulfillment of credit-hour requirements), 14.4.3.1.6 (additional requirements -- football), 14.4.3.1.6.1 (regaining eligibility for two contests), 14.4.3.1.6.2 (regaining full eligibility -- one-time exception), 14.4.3.4.7 (credit from other institutions), and an official interpretation (12/20/06, Item No. 1)

There are coaches conventions in baseball and football in the early days of 2012. That means there are also dead periods. We have reminders for baseball and football. 

And in other news, the five-day voting window to override Proposal 2009-100-A closed Friday and the proposal failed to receive enough override votes by the Division I membership and therefore remains in effect.

(The legislation--NCAA 13.11.1.8 and NCAA 13.11.1.9--prevents an institution from hosting, sponsoring or conducting a nonscholastic basketball practice or game in which  men’s basketball prospects participate on its campus or at an off-campus facility it uses regularly.)

The final tally was 116 in support of the override and 82 opposed. That works out to 58.6% in support, short of the 62.5% needed to override the proposal.

Interestingly, 150 institutions did not cast a vote despite the fact that the on-line voting process was designed to make voting easier. Best guess here is that most of those non-voting institutions thought that by not voting they were casting a vote against the override. Not true.

By not voting, the total pool of voters is reduced--which at least in theory could provide an advantage to an energized group of override proponents.

We have a reminder about the dead period in basketball that surrounds Christmas Day.

Proposal 2011-99 changed the months of April and July within the men's basketball recruiting calendar, effective immediately. If you're using our recruiting calendars, refresh them all--contact, evaluation, quiet, dead--within your calendar program now.

A refresh tip: If you are also syncing these calendars to your iOS device, it's probably easiest to (1) delete these calendars from your computer, (2) sync your iOS device to your computer to remove them from the iOS device, (3) re-subscribe to them on your computer from the links on our recruiting calendars page, and (4) re-sync your iOS device to your computer. Should be easier than this.... 

It's a 24-page document that covers Proposals 2011-69, 2011-70, 2011-94, 2011-95, and the Academic Performance Program.

An advisory from the Basketball Focus Group popped up on LSDBi the other day. The money quote:

"It has come to the attention of the NCAA enforcement staff that there is confusion in the membership regarding the application of Bylaw 11.4.2 to college coaches. By definition, an NCAA, a two-year college or an NAIA coach could trigger IAWP status by performing coaching-related responsibilities relative to any prospective student-athlete with whom the coach has been associated as a result of the following:

  • Currently enrolled student-athletes coached at a previous institution;

  • Prospective student-athletes recruited by the coach to his previous institution; and

  • Associations with pre- and post-secondary scholastic entities.

"As a result, please be advised that the legislation set forth in Bylaw 11.4.2 has been and is applicable to the employment of such individuals. Therefore, if an institution hires a former NCAA, two-year college or NAIA coach in a noncoaching staff position or as a strength and conditioning coach within the specified two-year window, all prospective student-athletes that trigger IAWP status for the individual are permanently ineligible for competition at the institution."

Worlds collided earlier this week when somebody noticed that NCAA 17.9.6.1.1-(a) suddenly required that the eight weeks of required student-athlete discretionary time in FBS football was limited to the period of time between January 1 and the end of the academic year.

Cooler heads prevailed when ER-2011-17 was issued, reversing the part of ER-2011-16 and setting the earth back on its proper axis.

So, to summarize: The eight weeks of required student-athlete discretionary time in FBS football may still occur between January 1 and the start of pre-season practice in the fall.

All this also gave us a chance to update our Manual Updates page with references to ER-2011-15, ER-2011-16, and ER-2011-17.

As we start to wind up the calendar year, we have reminders about the dead periods in women's volleyball and men's and women's cross country and track and field that are nigh.

A staff interp posted late yesterday on LSDBi:

4-4 Transfer -- Fulfillment of Nonqualifier Residency Requirement for Practice and Financial Aid (I) 
The academic and membership affairs staff determined that a nonqualifier who attends two four-year institutions during his or her first year of enrollment (e.g., one semester at each, one quarter at one and two quarters at the other) may combine the terms of enrollment at the two institutions to fulfill the one-year residence requirement for practice and athletically related financial aid. [References: NCAA Division I Bylaws 14.02.13.1 (academic year of residence), 14.3.4 (residence requirement -- nonqualifier), 14.5.5 (four-year college transfers), 14.5.5.1.2 (attendance for less than one academic year) and a staff interpretation (03/31/11, Item No. a)]

From LSDBi on November 15:

Staff Interpretation
Participation in Intercollegiate Competition by Student-Athletes who Identify as Transgender (I)

The academic and membership affairs staff determined, pursuant to policy approved by the NCAA Executive Committee, that:

(a) A trans-male student-athlete who has received a medical exception for treatment with testosterone for diagnosed Gender Identity Disorder (GID) may compete on a men’s team but is no longer eligible to compete on a women’s team without changing that team's status to a mixed team;

(b) A trans-female student-athlete who is being treated with testosterone suppression medication for GID may continue to compete on a men’s team but may not compete on a women’s team without changing that team's status to a mixed team until the student-athlete has completed one calendar year of testosterone suppression treatment;

(c) It is the responsibility of the institution to submit a request for a medical exception for testosterone treatment prior to allowing the student-athlete to compete while undergoing treatment. In the case of testosterone suppression, the institution must submit written documentation of the year of treatment and ongoing monitoring of testosterone suppression to the Committee on Competitive Safeguards and Medical Aspects of Sports; and

The Division I Official Notice is out, along with a list of modifications and alternatives and an FAQ.

The NCAA has issued override details, along with a compilation of all the new legislation (11 proposals in all) adopted at the October Board of Directors meeting.

We've also updated our Manual Updates page.

New today on LSDBi, updating the number of permissible football contacts from a now-archived 9/5/1997 interp:

Staff Interpretation
Permissible Number of Contacts for Multisport Athletes (I)
The academic and membership affairs staff confirmed that the maximum number of permissible off-campus contacts used by an institution for a multisport prospective student-athlete may not exceed the specific limit set forth in the contact legislation for the particular sport. For example, if an institution's football coach and track coach contact a prospective student-athlete, the institution uses only one institutional contact; however, the track coach may not engage in more than three off-campus contacts, even if the coach makes contact on the same day as the football coach. Further, if the football coach already has contacted the prospective student-athlete on five occasions, the track coach only has one remaining contact. [References: NCAA Bylaws 13.1.4.1.5 (multiple sport athlete) and 13.1.5 (contacts); and an official interpretation (09/05/97, Item No. b), which has been archived]

Proposals 2011-96 (limits on financial aid) and 2011-97 (multi-year grants) have made their appearance on LSDBi.

I'd love to link to them directly, but alas...

Published today on LSDBi:

Staff Interpretation
Incomplete Grades and Fulfillment of Credit-Hour Requirements (I)
The academic and membership affairs staff determined that when applying credit-hour requirements, a course taken during the summer but completed during the academic year must be counted during the summer and not during the academic year. [References: NCAA Division I Bylaws 14.4.3.1 (fulfillment of credit-hour requirements), 14.4.3.1.4 (application of rule), 14.4.3.1.6 (additional requirements -- football), 14.4.3.4.5 (incomplete grades) and a staff interpretation (2/28/96, Item No. a), which has been archived]

This one is a PowerPoint.

In anticipation of the adoption of Proposal 2010-48, which directs the NCAA to publish a list of men's basketball scouting or recruiting services that meet NCAA 13.14.3, the NCAA has published the first steps to get the system underway.

The report of this week's Board meeting is out (and we've already linked to a couple of NCAA stories). Below are the highlights of what happened. The majority of the Board's legislative actions took the form of emergency legislation, so look for the language to be posted on LSDBi Real Soon Now. The NCAA has also produced a table that outlines the effective dates of some of these items.

Initial-Eligibility

• Prospects will need to meet current qualifier standards to be eligible for practice during their first term. Eligibility for practice for the rest of the first year will be based upon successful completion of nine semester/eight quarter units in the first term.

• Prospects will need to meet increased standards for competition during the first year of enrollment. (The increase amounts to roughly 0.5 grade-point average units for a given test score.) In addition, prospects must successfully complete ten core courses prior to the seventh semester of high school; seven of the ten courses must be in English, math, and natural/physical science.

A new EdCol popped up today on men's basketball recruiting issues that answers the age-old question: "When does the basketball enforcement staff provide answers?"

Cant's recall seeing this email address before: MBB110409interps@ncaa.org. Questions can be sent there.

The agenda isn't available online yet, but the outcomes of next week's Board of Directors meeting could easily include:

• A significantly revised Academic Performance Program which features an increased minimum APR score, a different penalty structure, and a minimum standard for post-season competition

• Enhanced two-year transfer academic requirements

• Increased initial-eligibility academic requirements

• The initiation of multi-year athletics grants-in-aid

• The provision of additional aid to student-athletes up to the cost of attendance, with a $2000 cap

• A new men's basketball recruiting model, possibly phased in in stages

• Changing the current bowl licensing model into a certification model

All in all, this will probably be the most significant Board of Directors meeting ever. Until January, that is.

Two new interps popped up on LSDBi today. The latter interp lays Proposal 2011-42 to rest.

Staff Interpretation
Student-Athlete Performing Required Work other than Regular Employment (I)
The academic and membership affairs staff confirmed that any work performed by a student-athlete (e.g., field or facility preparation for practice or competition) that is required, supervised or monitored by a coaching staff member (including strength and conditioning coaches) or noncoaching staff member with sports specific responsibilities, other than regular employment in accordance with NCAA employment legislation, is a countable athletically related activity. [References: NCAA Division I Bylaws 11.7.1.1.1.1.1 (exception -- noncoaching staff member with sport-specific responsibilities), 12.4.1 (criteria governing compensation to student-athletes), 15.2.7 (employment) and 17.02.1 (countable athletically related activities); and a staff interpretation (8/9/91, Item No. a), which has been archived]

Official Interpretation
Departments Outside Athletics Hosting Nonathletics High School, Preparatory School or Two-Year College Personnel (I)
The Legislative Council determined that an institutional department outside the athletics department (e.g., president's office, admissions) may host nonathletics high school, preparatory school or two-year college personnel (e.g., guidance counselors, principals) in conjunction with a home intercollegiate athletics event and may provide such individuals reasonable expenses (e.g., food, refreshments, parking, room) and a nominal gift, provided the visit is not related to athletics recruiting and there is no involvement by the institution's athletics department in the arrangements for the visit, other than providing (in accordance with established policy) free admissions to an athletics event. [References: NCAA Bylaws 13.8.1 (entertainment restrictions) and 13.8.2 (material benefits)]

Proposals 2011-9 (about membership on the MOIC and CWA) and 2011-10 (about the override process itself) gathered 1 and 4 override requests, respectively, by today's deadline. They're a done deal.

The NCAA web site has the details. Proposal 2009-100-A will be the first test of the new process, before the end of the calendar year, we hear.

NCAA: "Institutions will be able to change their votes during the period when the polls are open, but the most recent vote cast as of the close of the voting period will be final."

Robert's Rules: "A member has the right to change his vote up to the time the vote is finally announced."

Interesting. I wonder how many online voting systems (other than American Idol, of course) allow positions to change when the wind starts to blow the other way?

A staff interp, new today on LSDBi:

Student-Athlete's Voluntary Release of Institution's Obligation to Provide Athletically Related Financial Aid (I)
The academic and membership affairs staff confirmed that once a prospective or enrolled student-athlete signs an institution's financial aid agreement, it is not permissible to voluntarily release the institution's obligation to provide athletically related financial aid, except under the conditions set forth in the release of obligation to provide athletically related financial aid legislation. [References: NCAA Division I Bylaws 15.3.4.2 (reduction or cancellation permitted), 15.3.4.2.5 (release of obligation to provide athletically related financial aid), 15.3.4.3 (reduction or cancellation not permitted) and 15.3.4.3.2 (decrease not permitted)]

From the NCAA:

On September 15, the legislative relief staff granted a waiver to play men’s basketball contests in the 2K Sports Classic on November 7. An institution submitted a waiver on behalf of the schools participating in the event. Note that this is a one-time waiver for 2011, that it applies only to games in the 2K Sports Classic and that participation in future events will be limited to the permissible playing season.

The FAQ for legislative proposals in the current cycle is out.