Compliance Letter

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UNIVERSITY OF MIAMIDEPARTMENT OF ATHLETICS

February 2002VOLUME 3, ISSUE 6

Compliance Letter

NEWSLETTER

Promotional Activities & Student-Athletes
By: Stephanie Stacer, Compliance Intern

A member institution or recognized entity (e.g. fraternity, sorority, or student gov’t organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete’s name, picture or appearance to support its charitable or educational activities provided the following conditions are met:

(a) The student-athlete receives written approval to participate from the director of athletics.
(b) The specific activity or project in which the student-athlete participates does not involve cosponorship, advertisement or promotion by a commercial agency other than through the sponsoring company’s officially registered regular trademark or logo on printed materials such as pictures, posters, or calendars.
(c) The student-athlete does not miss class
(d) All monies derived from the activity or project goes directly to the member institution, member conference, or the charitable, educational or nonprofit agency.

A student-athlete is permitted to promote its fund-raising activities at the location of a commercial establishment, provided the commercial establishment is not a cosponsor of the event and the student-athlete does not promote the sale of a commercial product in conjunction with the fund-raising activity. A commercial establishment would become a cosponsor if the commercial establishment either advertises the presence of the student-athlete at the commercial location or is involved directly or indirectly in promoting the activity.

A student-athlete shall not be eligible for participation in intercollegiate athletics if the individual: 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 receives remuneration for endorsing a commercial product or service through the individual’s of such product or service.

The entity that requested the student-athlete must complete a form through the community relations department before that individual participates in a charitable or educational activity for a member institution, a member conference or the charitable, educational or nonprofit agency in order to stay in compliance with the rules that are set forth in Bylaw 12.5.

Academic Support Services
By: Stephanie Stacer, Compliance Intern

Under NCAA legislation there are mandatory academic and other support services that must be offered to a student-athlete. Institutions shall make available general academic counseling and tutoring services. Such counseling and tutoring services may be provided by the athletic department or through the institution’s nonathletics student support services.

Some academic and other support services are not mandatory but may be financed by the institution. It is permissible for a student-athlete to check out a computer or typewriter from the athletic department provided the athlete stays in accordance with the departments policy. It is also permissible for an institution to provide a day planner to its student-athletes, however the content of the day planner must be developed and produced exclusively by the institution. It is permissible for the institution to outsource those activities related to the physical assembly of the day planner (e.g. binding and copying).

An institution may finance a student-athlete’s Internet access charges and long-distance charges incurred during official team travel that are necessary to enable the student-athlete to complete academic course work, provided the academic course work is required to be completed while the student-athlete is away from campus on official team travel or within a reasonable period of time thereafter. If an institution elects to provide such expenses, the institution remains responsible for ensuring that the student-athlete’s use of the Internet is not for personal reasons.

Other services an institution may finance are: On-campus student development and career counseling utilizing outside resources, and future professional athletics career counseling from a panel of at least three people appointed by the institution’s chief executive officer.

One service that may not be financed by the institution is typing costs, even if typed reports and other papers are a requirement of a course in which a student-athlete is enrolled. Typing costs are not considered an institutional fee under NCAA legislation, and payment would be considered an extra benefit not available to the general student body. Other services that may not be financed by the institution are course supplies (e.g. calculators, art supplies) and the use of a copy machine only for student-athletes.

Infraction Cases: Alabama and Kentucky
By: Tony Hernandez

Recently the NCAA Committee on Infractions sanctioned two member institutions of the South Eastern Conference (SEC) for numerous recruiting violations. On January 31, 2002, the University of Kentucky was sanctioned and on February 1, 2002, the University of Alabama was sanctioned.

The University of Kentucky’s violations primarily involved a former football recruiting coordinator providing gifts and cash to high school coaches and prospective student-athletes. The former football recruiting coordinator conducted meetings with boosters and collected donations from the boosters to use the cash for a recruiting slush fund. He would then use the funds collected to pay for lodging and meals for prospective student-athletes and their families making unofficial visits, which are visits that the University may not incur any expenses. The former football recruiting coordinator also provided lodging, meals, and game tickets for away games to high school football coaches. In addition he also provided cash to a high school football coach in the amount of $1400.

The University of Kentucky imposed corrective actions that included many administrative changes such as assigning an associate athletic director for administrative oversight of the football program, more visibility of the assistant athletic director for compliance, a toll-free compliance telephone line, reduction of the number of official visits in the sport of football, and the boosters that provided the funds were dissociated from the University for a period of three to five years. The NCAA Committee on Infractions added corrective sanctions above what the University self-imposed. The sanctions added include public reprimand, three years probation, a bowl ban for the 2002 season, a reduction of 19 initial grants and 15 total football scholarships over the next three years, and the former recruiting coordinator had a show cause order placed on him if he seeks employment in an athletically related position at any NCAA member institution for a period of eight years.

The University of Alabama’s violations primarily involved the actions of three boosters and their attempts to persuade prospective student-athletes in the sport of football to attend the University. One of the incidents involved $20,000 in cash, lodging, and entertainment provided to a prospective student-athlete and his parents by two boosters. In another incident a booster provided a substantial amount of money to a Memphis area high school coach to steer a prospective student-athlete to the University of Alabama. The reports allege that the high school coach was seeking $200,000 from the booster and that the booster had already advanced the high school coach $30,000. Another booster provided a prospective student-athlete with the free use of an automobile from June until August when it was repossessed after the prospect announced he would transfer from Alabama to another university.

The University of Alabama self-imposed penalties that included disassociation of the three boosters for five to ten years, a reduction of initial grants and official paid visits in the sport of football, reduction by one in the number of coaches that may recruit off-campus, made modifications to the oversight of official and unofficial visits, and revised the education process for boosters. The NCAA Committee on Infractions imposed additional penalties which included public reprimand, five years of probation, bowl ban for the 2002 and 2003 seasons, reduction of total football scholarships by 15 over the next three years, the three boosters shall permanently be disassociated from the program, and boosters are prohibited from having access that is not available to the general public such as closed practices, traveling on the team charter, and prohibiting donations to the football camps.

Playing & Practice Limitations
By: Stephanie Stacer, Compliance Intern

A member institution shall limit its organized practice activities, the length of its playing seasons and the number of its regular-season contests and/or dates of competition in all sports to minimize interference with the academic programs of its student-athletes.

During the season, daily and weekly hour limitations are set. A student-athlete is only required to practice a maximum of four hours per day and 20 hours per week. However, if the student-athlete voluntarily decides to participate in practice activities, it will not count towards the maximum of 20 hours a week that is set forth by the NCAA. A “week” shall be defined as any seven consecutive days to be determined at the institution’s discretion. Practice is considered to have occurred if one or more coaches and one or more student-athletes engage in any of the following activities:

1. Field, floor or on-court activity;
2. Setting up offensive or defensive alignment;
3. Lecture on or discussion of strategy related to the sport;
4. Discussions or review of game film

During the off-season, student-athletes are also restricted to a limited amount of practice time. A student-athletes participation shall be limited to a maximum of eight hours per week, of which not more than two hours per week may be spent on individual skill workouts. An individual skill workout is any sport related skill training that involves no more than four student athletes.

No class time by any student-athlete is to be missed due to practice activities except when a team is traveling to another institution for a contest and the practice is in conjunction with the contest. The only other exception is the NCAA championship. Student-athletes shall be permitted to miss class time to attend practice activities conducted the day before the NCAA champi

January 2002
VOLUME 3, ISSUE 5

Compliance Letter

Collegiate Athletes & Amateurism
By: Stephanie Stacer

Member institutions are reminded that an individual must meet standards of amateurism set forth by the NCAA to be eligible for intercollegiate athletics competition at an NCAA member institution. It should not be assumed that an individual considered an amateur by a sport’s national governing body is automatically eligible under NCAA regulations. Therefore, member institutions should continue to emphasize to their student-athletes and coaches that there are differences in various sports organizations’ amateur regulations, and that certain guidelines must be followed to ensure that the individual is and will remain eligible under NCAA amateur regulations.

An individual shall not be eligible for participation in any intercollegiate sport if the individual takes or has taken pay or has accepted the promise of pay in any form of participation in that sport. This includes the promise of pay when such pay is to be received following competition of the intercollegiate athletics career. The term “pay” specifically includes the receipt either directly or indirectly of any salary, gratuity, or comparable compensation; division or split of surplus (bonuses, game receipts, etc.); educational expenses not permitted by the governing legislation of this Association, and excessive or improper expenses, awards and benefits. All awards or cash prizes that you are not allowed to receive under NCAA regulations cannot be given in your name to another individual or agency. Expenses received from an outside amateur sports team or organization in excess of the actual or necessary travel, room and board expenses for practice and game competition shall be considered pay. In addition, it is permissible for a student-athlete who is participating in athletics competition (while not representing an educational institution) to receive actual and necessary expenses from the nonprofessional organization that is sponsoring the competition.

This rule clearly indicates that an individual cannot protect his or her collegiate eligibility by designating that the improper expenses, cash or comparable prizes are forwarded to another individual or organization (e.g. under a trust arrangement). This would be the case even if the funds were to be held in that trust account until the student-athlete had exhausted his or her intercollegiate eligibility. In addition, even though a cash award may be permitted by the recognized amateur organization for the sport in question, its receipt by the student-athlete would render that individual ineligible for intercollegiate competition.

Student-Athlete Eligibility
By: Stephanie StacerMost people do not realize that student-athletes are eligible for four years of competition, but they are allowed five years to complete this eligibility. This is known as the five-year rule and it states that a student-athlete has to complete his or her seasons of participation within five calendar years from the beginning of the semester or quarter in which the student-athlete first registered for a minimum full-time program of studies in that institution.

There are certain cases in which a student-athlete can extend his/her five-year eligibility. Time spent in the armed services, on official church missions or with recognized foreign aid services of the U.S. government allow an individual to extend their eligibility, if a student-athlete enrolls in a regular term following completion of any one of the commitments described above. The elapsed time (i.e. the exact number of calendar days) between completion of the commitment and the first opportunity for enrollment may be added to the exact number of days served on active duty in the armed services, with foreign aid services or on official church missions and will not count toward the student-athlete’s five years of eligibility. Extension of eligibility will not be granted by any additional time beyond the first opportunity to enroll; i.e. the opening day of classes of the first regular term at the institution in which the student-athlete enrolls as a regular student immediately following the termination of the active-duty commitment.

There are two ways in which a student-athlete can compete in their fifth year. The first is commonly known as a red shirt. In this case, the student-athlete is allowed to practice with the team but is not allowed to compete for one season. Therefore, being able to compete during their fifth year. The other instance is medical hardship. Hardship is defined as an incapacity to compete resulting from an injury or an illness. The injury or illness has to occur in one of the four seasons of intercollegiate competition, and the student-athlete has participated in no more than two contests or 20 percent (whichever number is greater) of the institution’s scheduled contests in his or her sport.

Permissible Extra Benefits
By: David Diggs

An extra benefit is any special arrangement by an institutional employee or a representative of the institution’s athletics interests to provide a student-athlete or the student-athletes friend or family member a benefit not authorized by the NCAA. The receipt of a benefit is not in violation of NCAA legislation if it can be demonstrated that the same benefit is available to the general student population or a particular segment of the student body.

General academic counseling and tutoring services shall be made available to all recruited student-athletes. This counseling may be provided through the athletic department or through the general student support system. There are several services that the institution may finance for the student-athlete. Among these are tutoring expenses and counseling for treatment of eating disorders. The institution may also provide student development and career counseling, the use of computers and typewriters and provide day planners that are non-electronic and developed by the institution. Among things that the institution cannot provide are costs for typing papers, course supplies and the use of a copy machine for student-athletes.

There are other benefits that a student-athlete may receive. A student-athlete or the entire team may receive an occasional home meal as long as the meal is held at an individuals home and these meals are infrequent and for special occasions. They may also receive reasonable refreshments for educational and business meetings or for celebratory events such as birthdays. The athlete may retain athletic apparel after each season and they may purchase any equipment at a price that it would be offered to anyone else that would be interested. The athletes may also use this equipment during summer vacation periods if it is in accordance with institutional policies. Loans from established family friends or from commercial lending institutions for the purpose of purchasing of disability insurance are also permissible. Some of the benefits that are not permissible are discounts at local stores, the use of telephones or credit cards and the acceptance of equipment from manufacturers or commercial enterprises.

There are also provisions made for a student-athlete to have expenses paid for by outside agencies and organizations. When a student-athlete is training for the Olympics, the USOC may compensate the athlete for financial loss of up to $300 per week. Other amateur sports teams and agencies such as the Fellowship of Christian Athletes and Athletes in Action may provide actual and necessary expenses for the student-athlete to practice and compete for their teams. Charitable, educational and non-profit groups may also compensate student-athletes for participating in activities within their state or within 100 miles of campus. Receiving money for unitemized expenses, from sponsors or based on performance or place of finish are not permitted and may affect the eligibility of the student-athlete.

In Trouble with the NCAA

The past few weeks have seen two more institutions placed on probation by the NCAA. The University of South Alabama appeared before the Division I Committee on Infractions to address allegations of recruiting violations in the men’s basketball program. There were also allegations of unethical conduct stemming from the recruiting infractions. Two assistant men’s basketball coaches purchased shoes and clothing totaling approximately $599 at a local mall for two prospective student-athletes on official paid visits. The NCAA has placed the University of South Alabama on probation for two years and reduced grants-in-aid in men’s basketball by one for each of the next two academic years.

Marshall University has been placed on probation for four years and will lose scholarships in both the basketball and football programs for violating NCAA rules on academics and arranging employment for athletes. Students that did not meet NCAA academic qualifications as incoming freshman received extra work benefits, employed to perform janitorial duties at $25 an hour. The investigation also revealed that an assistant professor engaged in academic fraud and acted contrary to the principles of ethical conduct when he knowingly provided copies of a final exam to football student-athletes prior to the administration of the exam.

Institutional Control And Your Responsibility

Many of us hear in the news or read in the newspaper of various athletic programs being placed on probation for lack of institutional control. Exactly what does this mean and who is responsible for this violation?

To have institutional control means that an institutions intercollegiate athletics program is in compliance with the rules and regulations set forth by the NCAA. So, who is responsible for overseeing that the athletics program follows these rules? The answer is not just the athletic department but also the staff members and any other individual or organization engaged in activities promoting the athletics interests of the institution.

Not only are all departments responsible for enforcing the rules set by the NCAA, but it is also their responsibility to follow them. Violations can occur from any of the following: a prospective or enrolled student-athlete or a current or former institutional staff member. The institutional staff member could be a coach, professor, tutor, teaching assistant, dean, or advisor.It is not just the athletes and the athletic departments responsibility to represent the institution, but the institution as a whole.

October 2001
VOLUME 3, ISSUE 2
Compliance Letter
By: Tony Hernandez, Compliance Coordinator

In Trouble with the NCAA

Wisconsin was put on five years’ probation and lost some football and basketball scholarships Tuesday after an investigation found a shoe store gave unadvertised discounts to athletes.

The university disciplined itself in April. But the NCAA decided to levy additional penalties because it was the school’s third major rules violation since 1994 and the number of athletes involved. The university had already put itself on three years’ probation, penalized itself $150,000 and stripped five scholarships over three years — four from football and one from men’s basketball. The NCAA reduced the number of football scholarships the university can offer in the 2002-03 and 2003-04 school years from 25 to 20. It also ordered the school to cut a men’s basketball scholarship in 2003-04.

A report in the Wisconsin State Journal prompted the university’s investigation that found 157 athletes in 14 sports violated NCAA rules by accepting at least $23,000 in unadvertised discounts from The Shoe Box, a store 25 miles from Madison in Black Earth.

In some cases, athletes received no-interest credit arrangements that weren’t generally available to other students. All the athletes were ordered to pay a charity the amount of their discounts. Others were suspended and ordered to perform community service.

University of Florida Student-Athlete Accused of Gambling

Senior University of Florida point guard Teddy Dupay, at the center of a gambling investigation at the University of Florida, was declared ineligible Friday. “I understand that I have violated NCAA rules and I take full responsibility for those actions,” Dupay said. “I put myself into situations that I should not have put myself in, and I’m paying the price for that.

University of Florida Police sent to the state attorney’s office results of an investigation they began April 5 “into allegations of minor gambling infractions by a University of Florida student.” The report sent to the state attorney’s office states that Dupay shared in winnings his friend received from a bookmaker after Dupay gave the friend inside information about whether the Gators could cover point spreads.

It says Dupay provided Kresten Lagerman, Dupay’s friend and roommate, with information that could help Lagerman determine how Florida would do against the point spread. The report states Lagerman placed bets on professional and college basketball games, including Florida games, and shared his winnings with Dupay.

If Dupay were to be convicted of gambling, he would be subject to up to 60 days in jail and a $500 fine.

Complimentary

Admissions

According to Bylaw 16.2.1.1, an institution may provide a student-athlete with complimentary tickets for the sport in which he/she participates. The student-athlete may receive four tickets for each regular season contest and up to six tickets for bowl games or NCAA Championships. The student-athlete may not sell these tickets or exchange them for items of value.

Complimentary tickets are to be handled through a pass list. Individuals on the ticket lists must show identification for entry. The institution is responsible for the administration of these lists. Not following these procedures may affect a student-athlete’s eligibility.

In 1999, Notre Dame student-athletes were found guilty of providing complimentary tickets for a fee or in exchange for something of value. A football player provided two complimentary tickets for three football games to a part time University employee in lieu of repayment of a $200 debt. As a result, the football player was dismissed from the team and the employee was fired.

Limitations on Time for Practice, Athletically Related Activities, and Competition

During the playing season, the student-athlete’s participation in required practice, athletically related activities, and competition is limited to four hours per day and 20 hours per week. In addition, all required activities shall be prohibited during one day per week, giving the student-athlete one day of rest.

Occasional Meal

A student-athlete or the entire team in a sport may receive an occasional family home meal from an institutional staff member or representative of athletics interests (booster). The meal must be provided in an individual’s home, but may be catered, and the meals must be restricted to infrequent and special occasions.

Ethical Conduct and Your Responsibility

Any individual involved in intercollegiate athletics whether as a player, a coach or an administrator has the responsibility to represent their institution with the utmost dignity and honor. When participating in athletics at this level everyone involved has to remember to act with honesty and sportsmanship at all times before, during and after any competition. It is important to remember that no matter what a person’s involvement is in intercollegiate athletics they represent the University and the integrity of that sport being played.

Unethical conduct is strictly outlined in the NCAA Bylaws and carries a stiff penalty if these regulations are violated. Unethical conduct by a prospective or enrolled student-athlete, a coach, or an administrator includes, the failure to cooperate with an investigation of a possible violation of any NCAA regulation. A violation also will occur if anyone is involved in the production of fraudulent records such as academic transcripts, for a prospective or enrolled student-athlete. No person is allowed to provide a prospective or enrolled student-athlete with any extra benefits including, but not limited to improper financial aid. Unethical conduct also includes providing the institution with false or misleading information concerning an individual who may be involved in a possible NCAA violation. Administrators could face severe penalties if it is found they received benefits to facilitate or arrange a meeting between a student-athlete and an agent, anyone employed by an agent, or a financial advisor. An administrator also has the responsibility to report any knowledge of a student-athletes use of any banned substances or any possible gambling activities. Student-athletes involved in any violation of these regulations will no longer be allowed to participate in intercollegiate athletics. Any administrator involved in these violations will be subject to investigation and disciplinary actions.

In 1997, in an effort to ensure greater ethical conduct and sportsmanship in NCAA athletics, member institutions and conferences established a committee on Sportsmanship and Ethical Conduct. The goal of this committee was to improve sportsmanship in all aspects of intercollegiate activities from the fields to the offices. To accomplish the goal of greater respect, fairness, and responsibility, the committee introduced a five-year plan. This plan includes many educational programs for coaches, student-athletes and administrators. They also introduced the NCAA Sportsmanship Award, which rewards positive behavior on the field and in the community. The committee also has encouraged the media and corporations involved with the NCAA, to communicate messages of sportsmanship and commend exceptional behavior. The final part of the plan was to create alliance with such groups as Citizenship Through Sports Alliance (CTSA) to better promote and reward ethical conduct in intercollegiate athletics. The NCAA has made strides towards promoting greater sportsmanship throughout intercollegiate athletics and by following those regulations college athletics will remain strong both on the field and off.

Use of Outside Consultants

The NCAA has made strict regulations concerning the use of outside consultants in college athletics. An outside consultant is any person brought in by the coaches or the staff of a member institution to provide in service training to the coaching staff. Outside consultants may be used for the purposes of assisting the coaching staff. The NCAA however, has cracked down significantly concerning the consequences if these consultants interact in anyway with the student-athletes that would result incoaching.

The NCAA Bylaw concerned with outside consultants states that they are allowed to be utilized to help the coaches but if there is any interaction with the student-athletes the consultant will automatically count against the applicable coaching limits. Recently various NCAA interpretations have come out to place clearer guidelines around this issue. An outside consultant will count against the coaching limit if they are involved in anyway with the on field activities of any given sport. This involvement includes teaching the skills of a particular sport as well as observing and analyzing practices. If a student-athlete feels the need to hire the services of an outside consultant, they may do so as long as they follow the proper regulations. The student-athlete may hire a consultant as long as they pay all the proper fees themselves and do not receive any special rates due to their status as a collegiate athlete. The institutional staff members may not observe any of these extra sessions and they may not take place on campus.

It is important that if a staff member decides to hire the services of an outside consultant they do not interact with the student-athletes involved in that sport in a manner that would be considered coaching. If they come into contact with any student-athletes for the purposes of giving instruction the consultant will be considered a coach and count against the coaching limits. The only time an outside consultant can come into contact with student-athletes is if the student hires one on their own. Failure to follow these regulations could result in a major disruption in the coaching staffs of that sport. If an outside consultant is hired it is important to understand their exact purpose and to ensure they will not come into contact with any of the student-athletes unless properly authorized to do so.

New NCAA Interpretations

1. Student-Athletes Receiving Benefits Subsequent to Exhausting Eligibility

Official Interpretation

It is permissible for a former student-athlete to receive a benefit of nominal value (e.g., meal, ride, overnight lodging) on an occasional basis from an institutional athletics representative or institutional staff members, provided the institution is not engaged in recruiting any relative of the former student-athlete.

2. Toll-Free Telephone Calls to a Coach’s Residence

Official Interpretation

It is not permissible for an institutional coaching staff member to have a toll-free telephone line established at his or her residence for the purpose of receiving telephone calls initiated by prospects.

3. Volunteer Coach Receiving Compensation to Work at an Institutional Camp or Clinic

Official Interpretation

It is permissible for a volunteer coach to receive compensation for employment at an institution’s sports camp or clinic.

May 2001

New NCAA Legislation
By: Tony Hernandez, Compliance Coordinator

The NCAA legislative process is complex and lengthy, requiring at least six steps before a proposed legislation is adopted. This process takes approximately one year, and requires each proposed legislation to be considered and approved twice by the NCAA Board of Directors and the NCAA Management Council. The NCAA Management Council recently concluded their April meeting where they adopted new legislation. Some of the new legislation that was adopted, includes:
? Permitting prospective and current student-athletes to accept Operation Gold Grant funds. (Effective date: Immediately.)
? Eliminating the academic requirement applicable to learning-disabled prospects that a special administration of the PSAT, SAT, PLAN (or PACT Plus) or ACT must receive approval before the prospect receiving an official visit. (Effective date: Immediately.)
? Permitting an institution to provide complimentary admissions to prospects on official visits in the same manner such admissions are provided during unofficial visits. (Effective date: August 1, 2001.)
? Permitting an institution to provide financial aid under specified circumstances to a professional athlete provided he or she has completed four seasons of competition. (Effective date: Immediately.)
? Eliminating the prior-written- permission requirement to contact a student-athlete who is enrolled at a non-NCAA or non-NAIA, four-year institution. (Effective date: Immediately.)

Recent NCAA Interpretations
Noncoaching Staff Members with Sport-Specific Responsibilities (I)
Type: Legislative Assistance Column.
Interpretation:
Division I institutions should note that, pursuant to Bylaw 11.7.1.1.1, an athletics department staff member must count against coaching limits as soon as the individual participates (in any manner) in the coaching of the intercollegiate team in practice, games, or organized activities directly related to the sport, including any organized staff activity directly related to the sport.

In accordance with Bylaw 11.7.1.1.1.1, institutional staff members involved in noncoaching activities (e.g., administrative assistants, recruiting coordinators in sports other than football, academic counselors) do not count in the institution’s limitations, provided such individuals are not identified as coaches, do not engage in any on- or off-field coaching activities (e.g., attending meetings involving coaching activities, analyzing videotape or film involving the institution’s or opponent’s team) and are not involved in any off-campus recruitment of prospects or scouting of opponents.

During its October 11, 2000 telephone conference, the NCAA Division I Academics/Eligibility Compliance Cabinet Subcommittee on Legislative Review/Interpretations determined that a noncoaching athletics department staff member with sport-specific responsibilities may not attend any on or off-campus athletics events (e.g., high-school contest, evaluation camp) in that sport in which prospective student-athletes are participating unless: (a) the staff member is an immediate family member (or legal guardian) of a prospect involved in the activity, or (b) the activity is a competition (as opposed to a camp) conducted in the locale of the institution.

Further, in the two aforementioned situations, the staff member’s presence shall not be for evaluation purposes, the staff member shall not have direct contact with any prospect participating in the activity, and the staff member shall not act as an institutional recruiter (e.g., by reporting back to the institution’s coaching staff about the performance of a prospect, by speaking to a prospect’s parent or coach).

In Trouble with the NCAA

The NCAA has placed Northern Arizona University on probation for three years and reduced financial aid equivalencies in the sport of football for one year resulting from violations of NCAA eligibility bylaws and institutional control legislation.

Northern Arizona University was found to have failed to monitor the academic eligibility of a student-athlete and failed to use the NCAA student-athlete reinstatement process. The student-athlete competed in six contests while not being eligible. The institution was cited for lack of institutional control.

The NCAA has placed Prairie View A&M University on probation for one year for violations of NCAA bylaws in its football program. The NCAA found violations of financial aid and extra benefit bylaws and that the former head football coach failed to exhibit exemplary conduct expected of coaches at NCAA member institutions.

Summer Recruiting

Outside of the prospect’s academic year (e.g. summer) the number of evaluations are not limited during a permissible recruiting period. The following are the summer 2001 recruiting periods:

Men’s Basketball
April 21, 2001 through July 7, 2001 Quiet Period
July 8, 2001 through July 14, 2001 Evaluation Period
July 15, 2001 through July 24, 2001 Dead Period
July 25, 2001 through July 31, 2001 Evaluation Period

Women’s BasketballApril 13, 2001 through July 7, 2001 Quiet Period
July 8, 2001 through July 31, 2001 Evaluation Period

FootballApril 15, 2001 through May 31, 2001 Evaluation Period for four designated weeks, unselected days are quiet period
June 1, 2001 through July 31, 2001 Quiet Period

All Other SportsEntire Summer Contact Period

Summer Employment

Student Athletes
A student-athlete may receive legitimate summer employment earnings without any restriction on the amount of compensation received, even if the student-athlete is attending summer school and is receiving institutional financial aid. In addition, be reminded that compensation may be paid to a student-athlete: (1) only for work actually performed, and (2) at a rate commensurate with the going rate in the locality for similar services. Such compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability. Additionally, a student-athlete may not receive compensation for teaching or coaching sports skills or techniques in his or her sport on a fee-for-lesson basis. Student athletes who will be working during the summer vacation period are required to file a “Summer Employment Reference” card with the Compliance Office prior to July 15.

Coaches and Staff
A staff member may earn income for performing services for outside groups provided the compensation is for work actually performed and at a rate commensurate with the going rate in the locality for services of like character. Prior written approval is required if an athletics department staff member is to accept athletically related income or benefits which exceed $1,000.00 from sources outside of the institution. This includes employment by sports camps and apparel companies. An athletic department staff member may not serve in any capacity in a privately owned camp, clinic, or coaching school in which a high-school, prep school, or two-year college athletics award winner is employed, and, in football, in which a senior prospect is enrolled, participates, or is employed. A coaching staff member may not promote a non-institutional camp or clinic unless that staff member is actually employed by the camp.

Summer Conditioningand Workouts

During the summer it cannot be mandatory for a student-athlete to work out or participate in conditioning activities. It is not permissible for a student-athlete to be required to report workout and conditioning activities to a coach or any personnel, but they may voluntarily report.

It is permissible for a coach to design a voluntary general individual workout program for a student-athlete.

It is also permissible for a strength and conditioning coach to conduct voluntary workouts only during the summer. NCAA bylaw 17.02.1.1(i) reads in part, “In Division I, it shall be permissible for strength and conditioning coaches during vacation periods to design and conduct specific workout programs for student-athletes, provided such workouts are voluntary and conducted at the request of the student-athlete. Such workouts shall not be considered a countable athletically related activity when conducted by strength and conditioning coaches who are not countable coaches and who perform such duties on a department-wide basis.”

Former Student-Athletes

The standard applied by the NCAA in regards to providing benefits to former student-athletes is, once a student-athlete always a student-athlete. Therefore, prior to providing any benefit (wedding gift, birthday gift, baby shower gift, a meal, etc.) to a former student-athlete, you must have it approved by the compliance office, so that the proper waiver may be submitted to the NCAA.

Dangers ofInternet Gambling

BY: Tony Hernandez

One of the easiest ways for a student-athlete to become immediately ineligible for intercollegiate competition is by gambling on college sports. NCAA Bylaws 10.3 and 10.4 state that any student-athlete that knowingly places or accepts a bet on any intercollegiate competition is ineligible for further intercollegiate competition. Unfortunately technology, through the use of the Internet, has made it extremely easy for anyone to place a wager on intercollegiate and professional sports. It is estimated that there are currently over 300 web sites on which student-athletes can place wagers online. These wagers are placed by using a credit card or by opening an electronic bank account. They can access these web sites practically from any computer, at home, on campus, and even in the Athletic Center.

Gambling over the Internet has the same dangers of non-electronic gambling and what can happen when someone makes a wrong decision. The Internet gambling sites have also been connected to organized crime and many bad decisions can occur when a student-athlete runs a high debt. These dangers have come to fruition recently at Northwestern University and Arizona State University. The consequences of gambling do not only have a lasting effect on the student-athlete that placed the wager, but also on the institution. The reputation and integrity of an institution is at stake.

We cannot be na?ve and think that Internet gambling or any form of gambling cannot or has not occurred with any of our student-athletes. In two separate studies by the University of Cincinnati and the University of Michigan, it was revealed that between 25 and 30 percent of student-athletes admit to betting on a collegiate sporting event. Both studies found that 5 percent of the respondents have wagered on their own games or taken money to throw a game.

What makes this venue of illegal gambling frightening is its growth and its ease of concealment. With freedom of speech so valued in society any form of intervention on the Internet is highly improbable. Any form of monitoring is very unlikely. Therefore the defense to Internet gambling must be enthralled in education and enforcement. We must educate our student-athletes of the dangers involved and must also trust them to make good decisions.

Court of Appeals Reverses NCAA’s Initial Eligibility Case

The Circuit Court of Appeals reversed the District Court ruling in the Cureton Case. This case alleged that the minimum standardized test score component of the NCAA’s initial eligibility standards for incoming college freshman has a disparate impact on African-American student athletes, which would be a violation of Title VI of the Civil Rights Act. The District Court had declared the initial eligibility standards invalid.

In its 2-1 decision, the court rejected the plaintiffs’ arguments that receipt of federal funds by the National Youth Sports Program (NYSP) subjects all of the NCAA’s programs to Title VI scrutiny and that member schools, which are recipients of federal funds, ceded control of their athletics programs to the Association. The appeals court said that Title VI regulations adopted by the Department of Health and Human Services apply only to the program that receives the funds, in this case, the NYSP, not all NCAA programs.

The decision did not address the merits of the case, specifically the plaintiffs’ argument that African-American student-athletes are unfairly affected by the initial-eligibility rules. The court said that because of its determinations about Title VI, it was unnecessary to address the other issues raised on appeal.

“The effect of this ruling is that the Association’s initial-eligibility bylaws remain in effect, and two more important jurisdictional questions have been answered with regard to the application of federal law to the NCAA,” said Graham B. Spanier, chair of the NCAA Division I Board of Directors and president of Pennsylvania State University. “We are pleased to obtain this ruling from the court. But as we have said all along, we will continue to review initial-eligibility rules, including the test-score cutoff.”

REMINDERS

All coaches remember that your contact/evaluation log, telephone call log, and play & practice log for a month are due by the first week of the following month.For each official visit the following forms need to be properly submitted: 1) the official visit approval form (to be submitted into academics with a transcript and test score), 2) a copy of the official visit notification letter, 3) official visit itinerary, 4) host instructions, and 5) prospect’s declaration.If travel for a competition, includes multiple events, the team must return to the institution unless there is less than 48 hours between competitions.Coaches need to see Jessica regarding which student-athletes are to receive letter awards.Before all competitions coaches should review their roster and eligibility list, to make certain that there are no inconsistencies.

NCAA Recruiting Periods

The NCAA has four different types of recruiting periods. They are classified as contact, evaluation, quiet, and dead periods. The following chart indicates the actions that are permissible during each of the four recruiting periods:

Some upcoming recruiting periods for the various sports, are as follows:

Women’s Basketball has 40 evaluation days through February 29, 2000. Days not designated as evaluation days are categorized under quiet period.Men’s Basketball has 40 evaluation days through March 15, 2000. Days not designated as evaluation days are categorized under quiet period.Football has a quiet period on February 4, 2000 through April 14, 2000.All other sports have a dead period April 3, 2000 through April 6, 2000.

ISSUES

Student-Athlete Employment: A student-athlete may work and receive earnings from a legitimate on- or off-campus employer during the semester. The earnings from such employment combined with other financial aid may not exceed a full grant plus $2000. To be eligible for such employment the student-athlete must have spent one academic year in residence at the University of Miami, must be academically eligible to compete, and have filled the appropriate forms with the compliance office. Therefore a written statement must be signed by all employed student-athletes and their employers.

Outside Consultants: The use of an outside consultant is not permitted, except where:

The consultant is counted against the applicable coaching limit,The consultant provides in-service training for the coaching staff, and has no interaction with the student-athletes, orIf the consultant is a sports psychologist , provided the individual does not engage in any on- or off-field coaching activities. The sports psychologist may not be present at any practice activities for the purpose of evaluating student-athletes.

Ethical Conduct

As an NCAA institution staff member you are required to have a certain standard of ethical conduct. Some of the conduct that is not permissible and considered unethical are:

Refusal to furnish information relevant to an investigation of a possible NCAA regulation violation.

Knowingly furnishing the NCAA or the University of Miami false or misleading information concerning a possible violation.

Facilitating or arranging a meeting between a student-athlete and an agent, financial advisor, or a representative of an agent or advisor.

February 2000

In Trouble with the NCAA

The past few months have seen many allegations and infractions at other NCAA member institutions. After nearly a two-year investigation, the NCAA has placed Notre Dame on probation for two years and loss of two scholarships. These sanctions were because of numerous relationships which a booster, Kim Dunbar, had with Notre Dame football players and the players’ relatives. Dunbar embezzled $1.4 million from her former employer and then lavished the players and their relatives with gifts, trips, and money.

Tennessee State University has been placed on probation for three years and scholarships have been reduced in several sports for violations of NCAA legislation governing financial aid, recruiting, extra benefits, institutional control and ethical conduct.

Players that received money from Kansas City based AAU coach Myron Piggie and the AAU team’s sponsor, businessman Tom Grant have been suspended. These basketball players include UCLA’s JaRon Rush, his younger brother Missouri’s Kareem Rush, and Oklahoma State University’s Andre Williams.

Administrative Assistants

Various collegiate conferences around the country have determined what duties of an administrative assistant, for a particular sport, are and are not permissible. The duties that they have deemed non permissible, are:

Attend meetings involving coaching activityAnalyze film involving team or opponentsScouting opponentsOff-campus recruitingObserve practice for evaluationUse equipmentSet up offenses, defenses or strategyProvide analysis of a practice session