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STUDENT-ATHLETE REINSTATEMENT DIVISION I BEST PRACTICES. Overview. Violations Subject to Reinstatement SAR Points of Contact De Minimis Violations Restitution Violations Preparing a Reinstatement Request Reinstatement Philosophy Factors Considered for Reinstatement Case Examples.
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Overview • Violations Subject to Reinstatement • SAR Points of Contact • De Minimis Violations • Restitution Violations • Preparing a Reinstatement Request • Reinstatement Philosophy • Factors Considered for Reinstatement • Case Examples
Violations Subject to the Reinstatement Process • NCAA Bylaw 10 (ethical conduct). • Bylaw 12 (amateurism). • Bylaw 13 (recruiting). • Bylaw 14 (general eligibility). • Bylaw 15 (financial aid). • Bylaw 16 (extra benefits). • Bylaw 18 (drug testing).
Reinstatement Philosophy • Student-Athlete Reinstatement = SAR • Students-first philosophy. • Put the student-athlete back in the position prior to the violation. • Evaluate the totality of the circumstances.
Factors Considered by SAR • Student-athlete’s culpability. • Institution’s responsibility. • Could the violation have been avoided. • Case precedent and SAR guidelines. • Other mitigation.
SAR Points of Contact Major Enforcement Cases Secondary Enforcement Cases Student-Athlete Reinstatement (Academic and Membership Affairs) Agent, Gambling and Amateurism Activities (AGA) Amateurism Certification Process (ACP) Basketball Focus Group (BFG)
Working with AGA, BFG and Major Enforcement SAR submits copy of reinstatement request to AGA/BFG/Major AGA/BFG/Major determine if report is complete or not complete If not complete, SAR works collaboratively with AGA/BFG/Major to develop complete set of facts If complete, SAR processes case and determines reinstatement decision SAR determines reinstatement decision based on agreed upon set of facts
Working with ACP ACP staff issues a certification decision based on prescribed penalties adopted by the Division I and II Committees on Student-Athlete Reinstatement ACP forwards case to SAR if: Additional review is needed Violation is not on prescribed penalty schedule OR SAR staff reviews case, determines a certification decision and notifies member institution ACP staff posts certification decision on Eligibility Center website
WRU? DNR? • Men’s soccer coach text messages a men’s soccer prospective student-athlete, who has not signed an NLI, to see if he attended dinner with institution’s booster.
De Minimis Violations • Eligibility not affected. • Institutional violation . • Institutional penalties .
The Kitchen Sink • Booster challenges a women’s gymnastics student-athlete to a dessert eating contest and pays for the student-athlete’s dessert, which was determined to be $45.
Restitution Violations • Violations of values totaling $100 or less. • Payment must be made prior to competition. • Formal reinstatement not necessary. • Report violation to secondary. • Document repayment. • Restitution to charity .
Quickfire • After further investigation, the institution determines before the dessert challenge, booster also provided women’s gymnastics student-athlete with dinner at a recent Top Chef winner’s restaurant. • The total value of all benefits provided by the booster was $125.
Recap • De minimis violations = eligibility not affected. • Restitution violations = repayment. • Other violations = reinstatement.
Preparing a Reinstatement Request: Who YaGonna Call? • Is it a violation? • Is the violation Level I or Level II? • Does the violation affect eligibility? • What is the appropriate action?
Reality Examples Learn from Common Mishaps
Dim the lights… • University of Idol men’s and women’s basketball programs recently lost two of their starters, Simon and Paula. • Men’s basketball student-athlete, Steven, and women’s basketball student-athlete, J-Lo, are scheduled to take their place as starters on the teams.
Dim the lights… • However, over Christmas break, Steven, J-Lo and current men’s basketball starter, Randy, were involved in a Hollywood Holiday basketball tournament in violation of the outside competition rule. • Steven, J-Lo and Randy are all ineligible under the outside competition rule and must go through reinstatement.
Dim the lights… • Compliance officer Seacrest discovers the violation Friday morning and both teams are scheduled to leave for an away-from-home competition that afternoon. • The contest is scheduled for Saturday evening. • Seacrest decides to allow the student-athletes to travel with their basketball teams as he completes the student-athlete reinstatement requests.
Dim the lights… • Was Compliance Officer Seacrest correct in allowing the student-athletes to travel with the team prior to receiving reinstatement?
Urgent Cases • Defined as pending competition within ten days. • Prioritized in the following order: • The date of the next contest; • The date the violation was discovered; and • The date the reinstatement request was submitted. • \
Helpful Tips for Urgent Requests • Call the reinstatement staff. • Gather all of the information. • Buckley statements. • Statement from involved individuals. • Other documentation. • Indicate the next contest/competition and travel time. • Be available.
GTL – Gym Tan Loan • On his way home from the gym, football student-athlete, the Situation, stops at the Shore Store to buy a jar of pickles for softball student-athlete, Snooki. • While at the Shore Store, the Situation realizes he left his wallet at the tanning salon.
GTL – Gym Tan Loan • Not wanting to return to the tanning salon, the Situation spots football booster, Pauly D, buying some hair products. • The Situation asks Pauly D for a $200 Loan to cover the pickles and some new shoes he saw next door.
GTL – Gym Tan Loan • The Situation is now ineligible and must go through reinstatement. • He is currently entering his fifth and final year at Jersey State University. • Jersey State University wants to set up a repayment plan for the Situation.
GTL – Gym Tan Loan Repayment Plan for The Situation I, the Situation, agree to pay $200 to Pauly D in order to restore my eligibility per NCAA rules. I agree to make payments of $25 per month in cash to Pauly D as repayment for the loan. If I choose to not make a payment one month, then I will make a payment of $50 the following month. Additionally, I agree to fulfill my repayment of the total $200 by the end of the 2011-12 academic year. Mike Sorrentino 8/24/11____ Student-athlete signature Danny Merk 8/24/11____ Institutional Representative
GTL – Gym Tan Loan • Is the repayment plan submitted by Jersey State University for the Situation sufficient?
Repayment Plans • Good-faith agreement between the institution and the student-athlete. • Approved by SAR prior to competition. • Includes a repayment schedule. • Full repayment is fulfilled prior to student-athlete exhausting eligibility during the regular season. • Includes language addressing default. • Repayment to a 501(c)(3) charity.
Sample Repayment Plan Repayment Plan for Mike Sorrentino The National Collegiate Athletic Association (NCAA) has declared that football student-athlete Mike Sorrentino is required to provide repayment in the amount of $200 as a condition of reinstatement. The dollar amount previously mentioned was impermissibly provided to Mike Sorrentino. The schedule for repayment is attached and all copies of all repayments will be provided to Compliance officer Danny Merk at Jersey State University.
Sample Repayment Plan I, Mike Sorrentino, agree to repay $200 to a charity of my choice by following the above schedule of repayment. I understand that if I miss a repayment date, I am automatically declared ineligible and if I compete while not current with the repayment plan then I have competed while ineligibility. My eligibility will be restored only after I am on schedule with my repayments. Additionally, I understand that if I fail to repay the full amount and default on the repayment plan, the NCAA will not allow any other student-athletes at Jersey State University to enter into a repayment plan for a period of four years. Mike Sorrentino 8/24/11____ Student-athlete signature Danny Merk 8/24/11____ Institutional Representative
Sample Repayment Schedule • The schedule of repayment for football student-athlete, Mike Sorrentino, is as follows:
Helpful Tips for Creating a Repayment Plan • Include the total repayment amount. • Payment schedule should include amount and date. • Language regarding eligibility and default. • Keep receipts and submit proof of repayment upon completion of the plan. • Check the repayment plan with the competition schedule.
Avoiding Detours • Phil, the director of compliance at U-Turn University, needs to submit a reinstatement request for a women’s tennis student-athlete who traveled and competed with the tennis team in a tournament in the Dominican Republic while academically ineligible.
Avoiding Detours • Phil submits the reinstatement request using the new AMA Online case management system. • He creates a word document summarizing the violation and uploads the document to the system. • When he receives questions from the SAR staff in the AMA Online system, Phil e-mails his responses to the SAR staff member’s e-mail account.
Avoiding Detours • Did Phil submit all required information for a reinstatement request? • Does Phil need to submit any additional information and/or statements for the reinstatement request? • What is the best way to communicate with the SAR staff regarding the reinstatement request?
Helpful Tips for Submitting a Reinstatement Request • Communicate. • Complete information in the text boxes provided. • Include a signed Buckley statement. • Upload all required signatures or use the e-signature. • Include all relevant documentation: • Statement from the student-athlete; • Statements from other individuals involved; and • Supporting documentation. • Mitigation.
The Final Rose • Bachelorette Academy submitted a season-of-competition waiver – competition while eligible for women’s soccer student-athlete, Vienna, who quit the women’s soccer team part way through the season due to a disagreement with her coach, Jake.
The Final Rose • Vienna’s season of competition waiver - competition while eligible was denied by the student-athlete reinstatement staff. • Chris Harrison, director of compliance at Bachelorette Academy, wants to submit an appeal. • Chris’ appeal request form only states that Vienna’s participation in two minutes of one soccer contests should not constitute the use of a season of competition
The Final Rose • What, if anything, is missing from Chris’ appeal request?
The Appeals Process • Staff decisions are appealable to the Committee on Student-Athlete Reinstatement. • Waiver appeals are reviewed via the written record. • Appeals of violation may be reviewed on the written record or via a telephonic appeal. • The Committee on Student-Athlete Reinstatement is the final appeal opportunity.
Helpful Tips for Submitting an Appeal • Be clear and concise in your arguments. • Offer a desired outcome. • Research guidelines. • Research case precedent. • Distinguish from previous cases. • Search for “totality” when seeking a decision outside of the guidelines. • Focus on mitigation.
Helpful Tips for Telephonic Appeals • Familiarize yourself with the call order. • Prepare the student-athlete for his or her statement. • Designate a presenter. • Focus on the student-athlete and the mitigation. • Be concise.
