Division III Amateurism Jeff Myers Sarah Otey Did you have your coffee this morning? 1. Yes. 2. No. Learning Objectives 1. Understand NCAA Division III amateurism legislation and application. 2. Identify areas of concern and potential problems within NCAA Bylaw 12. 3. Share thoughts and best practices for working through Bylaw 12 issues. Agenda 1. Preferential Treatment. 2. Certification of Amateurism. 3. Participation in Fundraisers. Preferential Treatment Preferential Treatment Defined It is impermissible to receive preferential treatment, benefits or services because of the individual’s athletics reputation or skill, or payback potential as a professional athlete, unless such treatment, benefits or services are specifically permitted under NCAA legislation. Bylaw 12.1.1 Questions to Consider 1. Did the relationship develop as a result of athletics participation? 2. Did the relationship predate the athlete triggering prospective student-athlete (PSA) status? 3. Did the relationship predate student- athlete’s (SA) status achieved as a result of athletics ability or reputation? 4. Did the pattern of benefits provided differ before and after athlete attaining notoriety related to athletics? If Relationship is Based on Athletics A PSA may receive normal and reasonable living expenses from an individual with whom PSA has an established relationship, provided: 1. Individual is not an agent. 2. Individual is not an athletics representative of an institution recruiting the PSA. 3. Living expenses are consistent with normal living arrangements. 01/29/2001 Official Interpretation Logical Ties • These exceptions do not apply to individuals that have no logical ties to the PSA. • Examples of individuals that may qualify: a. Coaches. b. Teachers. c. Neighbors. d. Parents’ employers. Case Study 1. Kate is a volleyball PSA. 2. Her family moves out of state prior to her senior year in high school. 3. Kate wants to finish her high school career without having to switch high schools. 4. Her club coach has coached Kate since grade 9. Can Kate live with her club volleyball coach to finish high school? 1. Yes. 2. No. 3. Not sure. Case Study 1. Relationship is based on athletics. 2. Club coach is not an agent. 3. Club coach is not a booster of any institution that is recruiting Kate. 4. Living expenses are consistent with normal living arrangements. 5. Provided these provisions are met, Kate can live with her club volleyball coach. If Kate enrolls at your DIII institution, can her club volleyball coach continue to provide living expenses? 1. Yes 2. No 3. Not sure Case Study § The club volleyball coach may only provide occasional benefits (e.g., meals or reasonable entertainment) to Kate once she becomes a SA. a. Relationship is a result of athletics. b. Relationship did not predate Kate’s PSA status. Certification of Amateurism International Hockey PSA The Dutch-man Vital Stats: §Really Good. §Really Physical. §Really Old (by typical freshman standards). Dutch-man Certification of International Students Form 10c- General Amateurism and Eligibility Form for International Student- Athletes – NCAA Division III. Link to Form Dutch-man What we found out from form 10c: 1.Graduated two years ago and has played on three different clubs during that time. 2. Hasn’t attended any other schools. 3.He thinks he signed something to play but not sure. Dutch-man Next Steps: 1.What did he receive? Why? Bylaw 18.104.22.168-(b), -(c) and -(f). 2.Learn more about the three clubs? If the Dutch-man didn’t receive above actual and necessary expenses but his teammate did, has the Dutch-man forfeited his amateurism? 1. Yes. 2. No. 3. Not sure Organized Competition Triggers: Consequences: 1.Above actual and necessary expenses 1.Lose a season for (any participants). each calendar year. 2.Pay based on 2.Must serve an place/finish. academic year in 3.Competition after residence before signing a contract. participation. 4.Competition funded by a booster. Bylaw 22.214.171.124 Dutch-man Next Steps: 1.What did he receive? Why? Bylaw 126.96.36.199-(b), -(c) and -(f). 2.Learn more about the three clubs? 3. Find out what he signed. “Cash” Cross Country PSA Calandro Vital Stats: §Fast, really fast. §Pulled in numerous prizes based on performance. If Cash won prize money above actual and necessary expenses, did he forfeit his amateurism? 1. Yes. 2. No. 3. It Depends. Prize Money Before initial-collegiate enrollment. Individual no limit* 1.Sponsor of open athletics event. 2.US Olympic committee/NGB. *Subject to Governing Organization Bylaw 188.8.131.52-(a) Prize money Before initial collegiate enrollment. Team – NCAA Division III Proposal No. 2013-13. •May receive payment based on team performance but limited to actual and necessary expenses. Prize Money After full time collegiate enrollment. Individual not team 1. Summer. 2. Open. 3. Actual and necessary. Bylaw 184.108.40.206-(b) Mad Dog Returning SA McCleary 1.Tenacious on-ball defender. 2.Plays for club team in summer (played since high school sophomore). 3.Sells cookie dough to finance her participation. Each player on the club team must sell 15 tins of cookie dough or pay out of his or her pocket. Can Mad Dog sell cookie dough to finance her participation? 1. Yes. 2. No. Mad Dog Expenses from a nonpermissible entity. Bylaw 220.127.116.11-(k) Mad Dog • Mad Dog financing: a. Club: Actual and necessary for competition. b. Club: Actual and necessary for practice in conjunction with competition. c. Fundraising – club team generally. d. Family. Certification Returning Students More regulated - key areas: 1.Funding for club teams. 2.Expenses from professional teams.* 3.Prize money and Awards. *Tryout per Bylaw 18.104.22.168 Fundraising Fundraising Guidelines 1. Type of fundraising activity is not limited. 2. Funds must be administered or controlled by the institution. 3. Funds earned by a specific SA may be designated provided the provisions of Bylaw 22.214.171.124 are met. Earned vs. Unearned Earned Unearned Any fundraising activity 1. Involves use of that is not considered athletics ability. unearned 2. Direct appeal (e.g., letter writing, 1. Working a concession telephone call stand. campaign). 2. Selling magazines. 3. Parking automobiles at an event. March 25, 2011-Official Interpretation Application 1. Institutional discretion. 2. Administered by the institution. § Institution must keep accurate records if determined that you are going to designate. 3. Limited to actual and necessary expenses. Fundraising In Season Out Of Season 1. Fundraiser may use 1. Fundraiser may not athletics ability. use athletics ability. 2. Permissible to require 2. Permissible to participation with require participation athletics condition. – may not use an athletics condition. Fundraising-Case Study 1. Orr University’s swim team needs to raise $20,000 to go on a foreign tour. 2. Fundraising ideas include: a. Swim-a-thon. b. Working concession stand at home football games. c. Selling candy bars. d. Requesting donations from local businesses. 3. What can be designated? 4. What can be performed out of season? Fundraising-Case Study 1. Swim-a-thon. a. Cannot be designated. b. Cannot be out of season. 2. Working concessions. a. Can be designated. b. Can be required out-of-season (as long as there is no athletics condition). Fundraising-Case Study 1. Selling candy bars. a. Can be designated. b. Can be required out of season (as long as there is no athletics condition). 2. Requesting donations from local businesses. a. Cannot be designated. b. Can be required out of season (as long as there is no athletics condition). Proposal No. 2013-12 AMATEURISM – PROMOTIONAL ACTIVITIES – PROSPECTIVE STUDENT-ATHLETE’S PARTICIPATION IN INSTITUTIONAL FUNDRAISERS. Effective Date: Immediate. Proposal No. 2013-12 Permits a PSA to participate in institutional fundraisers prior to initial collegiate enrollment provided he/she has graduated from high school and forwarded paid acceptance of institution’s written offer of admission and/or financial aid. Promotional Activities 1. Institutional, Charitable, Educational, or Nonprofit Promotions – Bylaw 126.96.36.199. § A member institution, a member conference, or a noninstitutional, charitable, educational or nonprofit agency is the beneficiary of the promotional activity. 2. Commercial Advertisement – Bylaw 188.8.131.52. § A business, commercial product, or service is the beneficiary of the promotional activity. Promotional Activities-Case Study • Carrico College’s lacrosse team wants to sell t-shirts at a home men’s basketball game to raise money for their upcoming season. • A popular men’s basketball player has already purchased a lacrosse t-shirt. Can the lacrosse team use a photo of the men’s basketball player wearing the t-shirt to help promote the t-shirt sale? 1. Yes. 2. No. Promotional Activities-Case Study • Lacrosse team is a recognized entity of the member institution. • The men’s basketball SA could be involved in the lacrosse team’s promotions, provided the provisions of Bylaw 184.108.40.206 are met. If the lacrosse coach’s wife owns a local t-shirt store, can the store use a photo of the men’s basketball SA to help promote the store? 1. Yes. 2. No. Promotional Activities-Case Study • The store is not a recognized entity of a member institution or conference nor is it a charitable, educational or nonprofit agency. • Bylaw 220.127.116.11. a. Advertisement must be congratulatory. b. No indication that the men’s basketball SA endorses the product. c. Advertisement does not include a reproduction of the product or anything identifying the business beyond a trademark. d. SA does not accept remuneration for endorsing the product. Promotions Involving Commercial Sponsors 1. A member institution or charitable, educational or nonprofit organization may use the appearance, name or picture of a SA to promote generally its fundraising activities at the location of a commercial establishment. 2. Commercial establishment cannot be a cosponsor of the event. 3. SA cannot promote the sale of a commercial product in conjunction with the fundraising activity. Restaurant Promotions • Restaurant is donating 10% of its food sales on Friday night to an institution’s softball team. • In exchange, restaurant wants to: a. Publicize that the softball team’s pitcher will be at the restaurant. b. Have members of the softball team hand out fliers for the event on campus. Restaurant Promotions • Advertising pitcher’s presence. a. Makes restaurant a cosponsor. b. No longer permissible to use SA’s name or likeness. • Softball SAs handing out fliers. a. If commercial establishment is identified on the flier, makes restaurant a cosponsor. b. SA is not permitted to promote the sale of a commercial product. c. No longer permissible to use SA’s name or likeness. Questions??
Pages to are hidden for
"Division III Amateurism - NCAA"Please download to view full document