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NCAA Division III Bylaw 12: Promotional Activities and Amateurism. Jeff Myers and Jean Orr Academic and Membership Affairs. Overview. Promotional Activities NCAA Division III Proposal No. 2011-4 Commercial sponsorship Media Activities Instructional videos. Amateurism Issues

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Ncaa division iii bylaw 12 promotional activities and amateurism

NCAA Division III Bylaw 12: Promotional Activities and Amateurism

Jeff Myers and Jean Orr

Academic and Membership Affairs


Overview
Overview

  • Promotional Activities

    • NCAA Division III Proposal No. 2011-4

    • Commercial sponsorship

    • Media Activities

    • Instructional videos

  • Amateurism Issues

    • International Student-Athlete (SA) Certification

    • Proposal No. 2011-14: Prize Money

    • Professional Teams (PSAs and SAs)

    • Organized Competition

    • Private Lessons


Designation of funds proposal no 2011 4 effective 8 1 11 what now

Designation of FundsProposal No. 2011-4 (effective 8/1/11)What now?


Designation of funds proposal no 2011 4 effective 8 1 11
Designation of FundsProposal No. 2011-4 (effective 8/1/11)


Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Old rule:

  • NCAA Division III Bylaw 12 limits permissible source of funds for athletics participation.

  • If someone receive funds for athletics participation other than the permissible source that equals preferential treatment.

  • Funds designated specifically for the SA, are funds for athletics participation.

  • If not a permissible source then it is preferential treatment.


Designation of funds proposal no 2011 4 effective 8 1 111
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

New rule:

  • Funds raised as a result of certain activities may be designated.

  • Shifts the focus from the donor to the activity.

  • Some activities requires application of the “old” rule.


Designation of funds proposal no 2011 4 effective 8 1 112
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

If raising “Unearned Funds”

Athletics Ability or Direct Solicitation = “Old” Rule


Designation of funds proposal no 2011 4 effective 8 1 113
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

If raising “Earned Funds”:

Then you may designate.

Examples:

  • Working concession stand;

  • Selling coupon books; and

  • Parking cars.


Designation of funds proposal no 2011 4 effective 8 1 114
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Application:

  • Institution’s discretion.

  • Administered by the institution.

  • Limited to actual and necessary expenses.

    • Analysis: Look at permissible expenses for an institution to provide per Bylaw 16 (this proposal doesn’t create a greater allowance of benefits).


Designation of funds proposal no 2011 4 effective 8 1 115
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

What the proposal doesn’t change:

  • Application of “old” rule to SA participation on outside teams.

  • Administration of funds that are “unearned”.

    Reminder: A prospective student-athlete (PSA) can’t participate in institutional fundraisers and a PSA is a PSA until they participate in squad practice or attend class.


Designation of funds proposal no 2011 4 effective 8 1 116
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Example:

It costs $10,000 for a basketball team of ten SAs to go on a foreign tour.

The SAs plan to earn money by doing the following:

  • Working concession stand at home football games.

  • Selling cookie dough.

  • Requesting donations from local merchants.


Designation of funds proposal no 2011 4 effective 8 1 117
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Example:

Concession stand funds.

  • Over the course of five football games the team earned $2,000.

  • “Earned” can either designate or submit to entire team.


Designation of funds proposal no 2011 4 effective 8 1 118
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Example:

Selling cookie dough.

  • The team earns $2.00 for every tub of cookie dough sold.

  • Options may designate or apply to team.


Designation of funds proposal no 2011 4 effective 8 1 119
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Example:

  • Seeking merchants for donations.

  • May not designate and must go to team.


Designation of funds proposal no 2011 4 effective 8 1 1110
Designation of FundsProposal No. 2011-4 (effective 8/1/11)

Additional considerations:

  • Total amount designated for any SA could not exceed that SA’s actual and necessary expenses (i.e. $1,000).

  • Must keep accurate records if determined that you are going to designate. (e.g., if an SA participates in working concessions and selling dough)

  • All funds must be administered by the institution.



Commercial sponsorship a bylaw 12 violation
Commercial Sponsorship:A Bylaw 12 Violation?

  • An SA is named player of the week by a local restaurant. There is a promotional poster of the SA in the restaurant eating the sub that he received in recognition of the award.

  • Is this a Bylaw 12 violation?


Commercial sponsorship a bylaw 12 violation1
Commercial Sponsorship:A Bylaw 12 Violation?

  • Yes, it is a violation of Bylaw 12.5.1.4 and a Bylaw 16 violation as well.

  • Certificate medal or plaque value cannot be greater than $80.



Media activities a bylaw 12 violation
Media Activities: A Bylaw 12 Violation?

  • SA baseball team is asked to appear in a baseball film.

  • Filming is done on campus and the SAs receive a stipend for their appearance.

  • The star player has more appearances on camera and gets a larger stipend.

  • Is this a Bylaw 12 violation?


Media activities a bylaw 12 violation1
Media Activities: A Bylaw 12 Violation?

Bylaw 12.5.2:

  • Appearance on radio, stage, screen and TV.

  • Can accept legitimate and normal expenses.

  • May be compensated the going rate.

  • Can’t promote the activity or be used to promote the activity.



Educational products a bylaw 12 violation
Educational Products:A Bylaw 12 violation?

  • That same baseball team appeared in a baseball skills instructional video.

  • It occurred on campus.

  • The non-institutional coach paid them a stipend for their appearance.

  • Is this a Bylaw 12 violation?


Educational products a bylaw 12 violation1
Educational Products:A Bylaw 12 violation?

Bylaw 12.5.1.6:

  • May only receive actual and necessary expenses.

  • Only for educational purposes.

  • No commercial endorsement.

  • No missed class time.


Educational products a bylaw 12 violation2
Educational Products:A Bylaw 12 violation?

Yes! If the stipend wasn’t directly connected to actual and necessary expenses, then it was impermissible.



Frequently addressed amateurism issues
Frequently Addressed Amateurism Issues

  • International Student-Athlete Certification

  • Proposal No. 2011-14: Prize Money

  • Professional Teams (PSAs and SAs)

  • Sport-Specific Amateurism

  • Organized Competition

  • Private Lessons


International Student-Athlete Certification

  • A Division III institution is responsible for…

    • The academic and amateurism certification of all international SAs.

    • Using the same academic and amateurism certification process for international SAs and domestic SAs.

    • Consulting with international student-services/ admissions office and the NCAA institutional phone line for assistance.


International Student-Athlete Certification

An SA from Germany will enroll at Dasistgut University for the 2011 fall term. What should the institution not do as part of the certification process?

Use the institutional admissions policy for international students; or

Contact the NCAA Eligibility Center for amateurism certification


International Student-Athlete Certification

An SA from Germany will enroll at Dasistgut University for the 2011 fall term. What should the institution not do as part of the certification process?

Use the institutional admissions policy for international students; or

Contact the NCAA Eligibility Center for amateurism certification


  • An SA shall be permitted to accept prize money, up to actual and necessary expenses, if the event is:

  • An individual sport;

  • Open (not invitational);

  • Occurs outside the institution’s playing season; and

  • Occurs during the official summer vacation period.

  • Amended Bylaws 12.1.5.1; 12.1.5.2; and 16.1.1.2


  • PSAs are already permitted to accept prize money, based on place finish in an open athletics event.

  • PSAs are not limited to actual and necessary expenses.

  • SA well-being.

  • Legislative consistency.

  • Bylaw 12.1.3


  • A tennis SA from Wimbledon College recently won an invitational tennis tournament during the summer vacation period. The prize for winning the tournament is $500. Is it permissible for the SA to accept the prize money?

  • No, only PSAs may accept prize money;

  • No, the SA may only accept prize money from open events;

  • Yes, the SA may accept any prize money up to actual and necessary expenses earned during the summer vacation period;


  • A tennis SA from Wimbledon College recently won an invitational tennis tournament during the summer vacation period. The prize for winning the tournament is $500. Is it permissible for the SA to accept the prize money?

  • No, only PSAs may accept prize money;

  • No, the SA may only accept prize money from open events;

  • Yes, the SA may accept any prize money up to actual and necessary expenses earned during the summer vacation period;


  • Prior to initial, full-time collegiate enrollment, a PSA may…

    • Accept up to actual and necessary expenses to participate on a professional team;

    • Sign a contract to play professional athletics; and

    • Compete on a professional team.


  • After initial, full-time collegiate enrollment, an SA may…

    • Practice with a professional team, but may not receive expenses

    • Tryout with a professional team or permit a professional team to conduct medical examinations at any time outside the SA’s playing and practice season; and

    • Receive actual and necessary expenses related to a tryout as long as it does not exceed 48 hours.


  • Amateurism legislation is sport-specific.

    • An SA may be professional in one sport, and may represent a member institution in a different sport.

    • Bylaw 12.1.2


  • The following sports are considered the same for amateurism legislation:

    • Track and Field and Cross Country and Road Racing (Bylaw 12.1.2.2);

    • Skiing and Biathlon (Staff Interpretation: May 17, 2010);

    • Volleyball and Sand Volleyball (Staff Interpretation: November 12, 2009);

    • Rifle and Shooting Disciplines of Pistol/Shotgun (Official Interpretation: August 3, 1995);

    • Soccer and indoor soccer (Official Interpretation: January 9, 1981); and

    • Triathlon and track and field, cross country, and swimming (Staff Interpretation: August 28, 1987).


  • Fonda Fore is a women’s golf and women’s basketball SA at Birdie University. Prior to her senior year at BU, she competed professionally in golf and received payment. What is her eligibility status at BU?

  • Fonda is no longer eligible in either sport;

  • Fonda is no longer eligible in golf, but remains eligible in basketball;

  • Fonda remains eligible in both sports;


  • Fonda Fore is a women’s golf and women’s basketball SA at Birdie University. Prior to her senior year at BU, she competed professionally in golf and received payment. What is her eligibility status at BU?

  • Fonda is no longer eligible in either sport;

  • Fonda is no longer eligible in golf, but remains eligible in basketball;

  • Fonda remains eligible in both sports;


  • An individual who delays initial collegiate enrollment shall:

    • Use a season of participation for each calendar year (or sport season) after the first opportunity for collegiate enrollment following high school graduation in which the individual engaged in activities constituting use of a season.

    • Fulfill an academic year of residence at the member institution.

    • Bylaws 14.2.4.3, 14.2.3.1 and 14.2.4.3.2


  • Major Junior A Ice Hockey:

  • Prior to initial, full-time collegiate enrollment, an individual shall use a season of competition for each calendar year or season the individual participates-including high school;

  • After initial, full-time collegiate enrollment, an individual shall not be eligible for intercollegiate ice hockey.

    • Bylaw 12.2.3.3


  • Jorge is an international SA from Venezuela. He graduated from high school in June 2010; however, instead of enrolling at an institution for the 2010 fall term, he continued to compete for his club baseball team for the remainder of the 2010 season. How will this affect Jorge’s eligibility?

  • Jorge will be charged one season of competition;

  • Jorge is permanently ineligible;

  • Jorge must serve an academic year in residence once he enrolls full-time;

  • Jorge’s eligibility is not impacted;

  • Responses A through C are potential outcomes.


  • Jorge is an international SA from Venezuela. He graduated from high school in June 2010; however, instead of enrolling at an institution for the 2010 fall term, he continued to compete for his club baseball team for the remainder of the 2010 season. How will this affect Jorge’s eligibility?

  • Jorge will be charged one season of competition;

  • Jorge is permanently ineligible;

  • Jorge must serve an academic year in residence once he enrolls full-time;

  • Jorge’s eligibility is not impacted;

  • Responses A through C are potential outcomes.


  • A PSA may conduct his/her own camp/clinic

  • An SA may not conduct his/her own camp but may receive compensation for teaching sport skills and/or techniques in his/her sport on a fee-for-lesson basis, provided the legislation for SA compensation is met.

  • Staff Interpretation, August 6, 1993, and

  • Staff Interpretation, November 15, 2006

  • Bylaws 12.4.1 and 13.12.2.2.1.1



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