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					                                    ETHICAL CONDUCT

2004-43 ETHICAL CONDUCT -- GAMBLING ACTIVITIES

Intent: To specify gambling activities prohibited under NCAA legislation.

Bylaws: Amend 10.3, pages 53-54, as follows:

"10.3 GAMBLING ACTIVITIES. Staff members of a member conference, staff members of the
athletics department of a member institution and student-athletes shall not knowingly:

"(a) Provide information to individuals involved in organized gambling activities concerning
intercollegiate athletics competition;

"(b) Solicit a bet on any intercollegiate team;

"(c) Accept a bet on any team representing the institution;

"(d) Solicit or accept a bet on any intercollegiate competition for any item (e.g., cash, shirt,
dinner) that has tangible value; or

"(e) Participate in any gambling activity that involves intercollegiate athletics or professional
athletics, through a bookmaker, a parlay card or any other method employed by organized
gambling.

       "10.3.1 Definitions and Applications.

       "(a) "Something of value" means any benefit, monetary or otherwise.

       "(b) "Bet" means an agreement to win or lose something of value solely or partially
       by chance, but does not include contests that require nothing of value to wager or
       participate;

       "10.3.2 Scope of Prohibition. The NCAA gambling prohibition applied to all sports
       sponsored by the NCAA and the professional counterparts of those same sports.

       "10.3.3 Gambling Prohibition. Student-athletes, athletics department staff
       members, faculty athletics representatives, chief executive officers, member
       conference staff and NCAA national office staff shall not:

       "(a) Knowingly provide information to individuals involved in gambling activities
       concerning athletics competition; or

       "(b) Solicit, accept or place a bet on athletics competition.
       "10.3.14 Sanctions. The following sanctions for violations of Bylaw 10.3.3 shall apply as
       follows:

       "(a) A student-athlete who engages in activities designed to influence the outcome of an
       intercollegiate contest or in an effort to affect win-loss margins (i.e., "point shaving") or
       who solicits or accepts a bet or participates in any gambling activity through a
       bookmaker, a parley card or any other method employed by organized gambling that
       involves wagering on the student-athlete's institution violated the gambling prohibition
       with regard to intercollegiate athletics competition involving the student-athlete's
       institution shall permanently lose all remaining regular-season and postseason eligibility
       in all sports at all NCAA member institutions.

       "(b) A student-athlete who solicits or accepts a bet or participates in any gambling
       activity that involves intercollegiate athletics or professional athletics, through a
       bookmaker, a parlay card or any other method employed by organized gambling violates
       the gambling prohibition (see Bylaw 10.3.3) with regard to intercollegiate or
       professional athletics, shall be ineligible for all regular-season and postseason
       competition for a minimum of a period of one year from the date of the institution?s
       determination that a violation has occurred and shall be charged with the loss of a
       minimum of one season of competition. A request for reinstatement may be submitted on
       behalf of a student-athlete who has participated in such activity only upon fulfillment of
       the minimum condition indicated above. If the student-athlete is determined to have been
       involved in a subsequent violation of any portion of Bylaw 10.3, the student-athlete shall
       permanently lose all remaining regular-season and postseason eligibility in all sports."

Source: Big 12 Conference.
Effective Date: August 1, 2005
Topical Area: Ethical Conduct/Institutional Control
Rationale: The current gambling prohibition is poorly worded and difficult to comprehend to
those potentially impacted by the bylaw. In practical terms, the vast majority of coaches,
administrators and student-athletes understand the gambling prohibition; however, recently,
those accused of violating the rule can have claimed the rule's poor wording as a defense. Given
the extremely harsh consequences (i.e., ineligibility, loss of employment) for violating this
Bylaw, it is imperative that this rule be concisely worded and easily understood by the
membership. Furthermore, adding the faculty athletics representative, the chief operating officer
and NCAA national office staff to the list of persons precluded from participating in gambling
activities establishes that the rule is uniform in its application. Student-athletes, coaches,
administrators, faculty athletics representatives and presidents will all be unequivocally subject
to the clearly expressed rule.
Estimated Budget Impact: None.
Impact on Student Athlete's Time: None.
Position Statement(s)
 Academics/Eligibility/Compliance Cabinet: The cabinet did not take a position on Proposal No.
2004-43 and chose to defer to the NCAA Sports Wagering Task Force. Due to the recent sports
wagering survey, the Sports Wagering Task Force is reviewing all issues related to sports
wagering, including reviewing current legislation and thus, would be a more appropriate group to
provide a recommendation.
 Student-Athlete Reinstatement Committee: The committee did not support Proposal No. 2004-43
as written. Although the committee supported the concept of bringing clarity to the gambling
legislation, the committee believed that, as presented, the proposed language created confusion
regarding what appears to be the sponsor's intent to simply re-order and propose a definition for
"something of value" and "bet". The committee also felt there should be further review of the
proposed definitions due to their potential of increasing the need for more, rather than less
clarification regarding the application of the legislation.

History
Jun 28, 2004 Submit; Submitted for consideration.
Aug 31, 2004 Student-Athlete Reinstatement Committee, Recommends Defeat; See position statement.
Sep 15, 2004 Academics/Eligibility/Compliance Cabinet, No Action; See position statement.

				
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