Division III Amateurism - NCAA by jizhen1947

VIEWS: 0 PAGES: 52

									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 12.1.3.2-(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 14.2.4.3
                 Dutch-man
Next Steps:

1.What did he receive? Why?
   Bylaw 12.1.3.2-(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 12.1.3.1-(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 12.1.5.1-(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 12.1.5.2-(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 12.2.1.1
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
   12.1.1.2 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 12.5.1.1.
  §   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 12.5.1.4.
  §   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 12.5.1.1 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 12.5.1.4.
  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??

								
To top