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Compliance

Boosters Compliance Guide


Penni Key
Associate Athletic Director for Internal Services
pkey@miami.edu

Tony Hernandez
Director of Compliance
thernandez@miami.edu

Andrea Nordmann
Assistant Director of Compliance for Financial Aid
anordmann@miami.edu

Kristine R. Kuhr
Assistant Director of Compliance for Eligibility
kkuhr@miami.edu

Lindsey Rogers
Compliance Assistant
(305) 284-2692

A Message from the Director of Intercollegiate Athletics

Dear Hurricane Supporter:

The administration and operation of a major university athletic program in a highly regulated environment requires constant attention to compliance. As a member institution of the NCAA, the University of Miami is committed to adherence to the rules of the association.

While some may disagree with some of the rules, they nonetheless have been adopted by the member institutions, and must, until amended, be adhered to and enforced.

The reach of the rules extends beyond the department itself, to the greater university community and to representatives of the institution’s athletic interests. Because of your relationship with our athletic department, you may be considered to be a “representative” of the university’s athletics program. Consequently, it is necessary for us to inform you of certain rules which may apply to you in that capacity and to provide you with the current interpretations of those rules.

By knowing and understanding the rules we can all best serve the Hurricane athletic program. Please review the enclosed material at your convenience. Should you have any questions, or need further information, please contact our Associate Athletic Director for Compliance, Ms. Penni Key, at (305) 284-2692.

Thank you for your support of the program. Without you and other Hurricane supporters, we would not be able to have the highly successful program that we do.

Cordially,

Paul T. Dee
Director of Intercollegiate Athletics

Let’s win the right way — follow NCAA rules.

Introduction

Welcome to Hurricane Athletics!!

You have received this guide because you have been identified as a “friend” of the University of Miami. Because of your unending support, the Hurricane family of student-athletes, coaches, and athletic department staff has become a success both on the field and off.

In order to maintain the level of success that the Hurricane program has shown, the University of Miami needs your help. Please take a few moments to look over this guide to help with some questions you may have regarding your connection with our student-athletes, with our prospective student-athletes, and with our coaches. It is intended to act as a basic reminder of NCAA, Big East, and University of Miami rules and regulations.

Please remember, ASK BEFORE YOU ACT. Your actions can have a dramatic effect on the eligibility of our student-athletes and on our athletic program. Any questions can be directed to the University of Miami Compliance Department at (305) 284-2692.

A Representative of the University of Miami’s Athletics Interests Is:

•An individual who is known (or who should have been known) by the University of Miami’s athletic department to have been a member of an organization that promotes the Miami’s athletics program.

•An individual who has made financial contributions to the University of Miami’s athletic department or to the Hurricane Club.

•An individual who has assisted (or who has been asked by the athletic department) to assist in the recruitment of prospects.

•An individual who has provided benefits to current student-athletes and their families.

•An individual who has been otherwise involved in promoting the University of Miami.

If you fall under any of these categories, you are considered a representative of the University of Miami’s athletics interests.

Also, remember that once you are identified as a representative of the University of Miami’s athletics interests, you are always identified as a representative.

The University of Miami is ultimately responsible for your actions as a representative. If you violate NCAA rules as a representative of Hurricane athletic interests, the University will be penalized by the NCAA.

A Prospect Is:

A prospect is ANY student who has started classes for the ninth grade. Also, a student who has not started classes for the ninth grade becomes a prospect if the institution provides the individual (or the individual’s relatives or friends) any financial assistance or other benefits that the institution does not provide to prospects generally.

A Student-Athlete Is:

A student-athlete is a student who was recruited by a coaching staff member or representative of the University of Miami’s athletics interests with the ultimate goal of the student participating in the athletic program. Any other student becomes a student-athlete when the student reports for any varsity team conducted under the University of Miami Athletic Department.

REMEMBER — NCAA regulations apply to all student-athletes, not just those who were recruited or who receive an athletics scholarship.

A Coach Is:

A head or assistant coach is any coach who is designated by the University of Miami’s athletic department to perform coaching duties and who serves in that capacity on a volunteer or paid basis.

In order to recruit off campus, Hurricane coaches must first take an NCAA Coaches Certification Exam. Only those coaches who have been certified may contact or evaluate any prospective student-athletes off campus. Coaches must be certified yearly.

The University of Miami is committed to institutional control of athletics and the integrity of its athletic programs.

Who Can Recruit for Miami?

University of Miami coaches are the only individuals permitted to recruit for the Hurricanes, and they must have passed the NCAA Coaches Certification Exam in order to recruit off campus. Representatives of the Hurricane’s athletics interests may not make any recruiting contacts. This includes e-mail, fax transmissions, telephone calls, letters, or contact on- or off-campus with a prospect or his or her parents.

As a Representative, is Assisting in the Recruiting of Prospects Permissible?

•A representative CAN speak to a prospect by telephone ONLY if the prospect initiates the call and the call is not for recruiting purposes. You, as the representative, must refer questions about the University of Miami’s athletics program directly to the athletic department staff.

•A representative CAN watch a prospect’s athletics contest on his or her own initiative with the understanding that you, as the representative, cannot contact the prospect.

•A representative CANNOT contact a prospect’s coach, principal, or counselor, in an attempt to evaluate the prospect.

•A representative CANNOT visit a prospect’s educational institution to pick up film/videotape or transcripts for the purpose of evaluating a prospect’s academic or athletic ability.

•A representative CAN continue a relationship with an established family friend or neighbor, with the understanding that the contacts are not made for the purpose of recruiting.

Remember — Once a representative, always a representative.

NCAA Rules Regarding Offers and Inducements to Prospects

A coach from the University of Miami or a representative of the Hurricane’s athletics interests cannot be involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospect or the prospect’s relatives or friends. This applies regardless of whether similar financial aid, benefits, or arrangements are available to prospective students in general.

Specifically, coaches or representatives cannot offer the following:

•Arrangement of employment for a prospect’s relatives;
•A gift of clothing or equipment;
•Cosigning of a loan;
•Provision of a loan to a prospect’s friends or relatives;
•Cash;
•Any tangible items, including merchandise;
•Free or reduced-cost services, rentals or purchases of any type;
•Free or reduced-cost housing;
•Use of Miami’s athletics equipment;
•Sponsorship of or arrangement for an awards banquet for high-school, preparatory school, or two-year college athletes by the University of Miami, reprentatives of our interests, or Miami alumni groups or the Hurricane Club.

An Extra Benefit Is:

A special arrangement by a University of Miami employee or representative of Miami’s interests to provide a current student-athlete or his or her family with a benefit that is not allowable by the NCAA.

Benefits For Current Student-Athletes Allowed By The NCAA:

As a general rule, student-athletes and their families can receive certain benefits if it can be determined that the same benefit is available to the student body and their families.

Current student-athletes can:

•Receive a loan from an established family friend (with certain conditions that apply; contact the Compliance Department for further questions);
•Purchase DisablityInjury Insurance;
•Receive a prize as part of a promotional activity as long as he or she was selected through a random drawing;
•Receive an occasional family home meal from a coach or a representative of the University of Miami’s interests as long as the meals are provided in the individual’s home and the meals are restricted to special occasions. The representative or coach can also provide local (reasonable) transportation to the student-athlete; in conjunction with that meal.
•Keep their athletic apparel at the end of their collegiate career;
•Use institutional athletics equipment (if there is a normal policy for usage) during the summer.

A Student-Athlete Cannot Receive:

•A special discount, payment arrangement, or credit on a purchase or a service from a coach, a University of Miami employee, or a representative;
•Professional services without charge or at a reduced cost;
•Telephone or credit cards for personal reasons without charge or at a reduced cost;
•A loan of money by a University of Miami employee or representative;
•A guarantee of bond by a University of Miami employee or a representative;
•The use of an automobile from a University of Miami employee or representative.

Athletic Department Employees, Coaches, Student-Athletes Cannot:

Athletic department employees, coaches, and student-athletes cannot knowlingly provide information to individuals involved in organized gambling activities; they cannot bet on an intercollegiate team; they cannot accept a bet on any team representing the University of Miami, they cannot solicit or accept a bet on any collegiate competition for any item that has tangible value; and they cannot participate in an gambling activity through a bookmaker, a parlay card, or any other organized gambling venue.

Employment & The Student-Athlete:

A current student-athlete at the University of Miami can earn money from legitimate employment during the academic year. If you, as a representative of the University of Miami’s athletics interests, hires part-time help as part of your normal hiring process, and a current student-athlete is referred to you or arbitrarily applies at your business, there are certain rules and regulations that the NCAA has stipulated that you and the student-athlete must follow.

First and foremost — a student-athlete must have written permission from the athletic department PRIOR to beginning work with you, or any, employment.

A full-scholarship student-athlete must have spent one academic year in residence at the University of Miami PRIOR to beginning employment.

The student-athlete must be academically eligible to compete for the University of Miami PRIOR to beginning employment.

The student-athlete CANNOT earn money based on the publicity, reputation, fame or personal following that he or she could potentially attract.

A student-athlete who is on a full-athletic scholarship has a LIMITATION on how much he or she is able to earn during the academic year. (Check with the Compliance Department for this monetary figure.)

A non-scholarship athlete can earn legitimate income in excess of a full grant-in-aid, provided neither members of the athletics department or representatives of Miami’s interests were involved in arranging the employment.

Remember – If a student-athlete is employed by your business, he or she must have written approval by the athletic director.

Lessons & The Student-Athlete

NEW RULE EFFECTIVE AUGUST 1, 2002
A student-athlete can receive money from you or your family for teaching or giving lessons in his or her sport. To do this the following condition must be met:

•Institutional facilities CANNOT be used;
•To simply “play” against the student-athlete is not permitted (e.g., playing lessons);
•Documentation of the lessons must be on file with the Compliance Office;
•The compensation for the lesson must be paid by the lesson recipient (or their family) and not another individual or entity.

Employment During Vacation Period:

A student-athlete can work during any official school vacation period between terms without those earnings counting toward his or her limitation.

Promotion For Your Business And The Student-Athlete:

A for-profit entity cannot use the name, image or likeness of a current student-athlete to promote that business. However, student-athletes can be used for non-profit promotions if the proper permission is on file in the athletic director’s office. (Please contact Roger Bell in the Community Relations Department at (305) 284-4609 if you would have questions about appearances by student-athletes, coaches, or athletic department staff.)

If you use a student-athlete’s name or picture from the University of Miami prior to checking with the Compliance Department, you risk that student-athlete’s eligibility. He or she will be prevented from competing based on your action.