We’re Not in Kansas Anymore Division II Amateurism Dan Calandro Associate Director of Membership Services Bo Kerin Associate Director of Membership Services
Overview • General Principles. • Subsequent to enrollment. • Pre-enrollment. • Using seasons of competition legislation. • Case Studies. • Amateurism Resources.
General Principles NCAA Division II Bylaw 12.1.1 -- amateur status. An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual, subsequent to initial full-time collegiate enrollment: • Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport; • Accepts a promise of pay; • Signs a contract or commitment of any kind to play professional athletics;
Bylaw 12.1.1 Cont'd. • Receives, directly or indirectly, a salary; • Competes on any professional athletics team (see Bylaw 12.02.4); • Enters into a professional draft; or • Enters into an agreement with an agent. [Note: This provision applies prior to and subsequent to full-time enrollment.]
Delayed Enrollment I don’t want to leave home yet!
Delayed Enrollment Bylaw 184.108.40.206 • Significant changes in recent years for Division II now allow participation in more activities prior to enrollment. • This change prompted need to implement a safeguard against competitive advantage.
Delayed Enrollment Bylaw 220.127.116.11 cont’d. • Bylaw 18.104.22.168 (participation in organized competition prior to initial collegiate enrollment) was adopted by Division II (only) to address this potential issue. • For students who delay enrollment and engage in any form of organized competition, assume they have triggered the seasons of competition rule unless student can demonstrate otherwise. • Burden is on institution and student-athlete to demonstrate that student did not use season of competition.
Delayed Enrollment Bylaw 22.214.171.124 cont’d. • Delayed enrollment – key points of interest. * After prospect graduates from high school, AND * If prospect fails to enroll full-time at next opportunity to enroll in college. Standard timeline ________________l _______________ l ______________ Spring 2005 Summer 2005 Fall 2005 high school grace period first opportunity graduation to enroll
Delayed Enrollment Bylaw 126.96.36.199 cont’d. • If the prospect engages in any kind of organized competition, prospect is charged with one season of competition for each year of delayed enrollment. • Once the rule is triggered for a particular sport, the prospect must fulfill an academic year in residence at the time of enrollment before being able to compete in that particular sport at a Division II institution.
Delayed Enrollment Bylaw 188.8.131.52 cont’d. • Questions to ask: * When did prospect graduate from high school? * When did prospect first enroll in any collegiate institution? * Was there a time lapse between these two? * Did prospect participate in organized competition in sport during the lapse of time?
Delayed Enrollment Bylaw 184.108.40.206 cont’d. • Organized competition (Bylaw 220.127.116.11.3): * Any compensation received by any of the participants (including actual and necessary expenses) for training or competition. * Any competition: - after signing a contract; - after involvement in professional draft; - funded by a professional sports organization; or - funded by a booster and not an “open” event. * Any practice with pro team (excluding tryout).
Delayed Enrollment Bylaw 18.104.22.168 cont’d. • Additional legislation approved by Division II Management Council in April 2006: • Any competition or training with a team that declares itself to be professional; or • Definition of “actual and necessary expenses:” Meals; Transportation; Lodging; Medical insurance; and Stipend (gas/food money) or medical expenses. Note: Reasonable expenses are permissible (e.g., coaching, instruction and facility usage).
Case Study – Tim • Tim, also know as the “Tin Man” because he plays so fearlessly he is accused of not having a heart, graduates from high school in June 2004. • Tim competes on a semi-professional football team (and received expense money) from June through August 2004 and from June through August 2005. • Tim enrolls in college in August 2005. • Did he use a season of competition?
Case Study – Tim Questions to ask: • When did prospect graduate from high school? • June 2004. • When did prospect first enroll in college? • August 2005. • Was there a time lapse between these two? • Yes. • Did prospect participate in organized competition during time lapse? • Yes (received expense money).
Case Study – Tim • Did Tim use a season of competition? • Yes – and he must also serve an academic year in residence prior to being eligible in football at certifying institution.
Case Study – Sarah • Sarah, also know as “The Scarecrow” because she cannot remember the signals the third base coach uses and is accused of not having a brain, graduates from high school in May 2005. • Sarah competes on a professional softball team (and receives expenses) from June through July 2005, at which time she enrolls at your institution. • Did Sarah use a season of competition?
Case Study – Sarah Questions to ask: • When did prospect graduate from high school? • May 2005. • When did prospect first enroll in college? • August 2005. • Was there a time lapse between these two? • Normal summer months. • Did prospect participate in organized competition during time lapse? • Yes -- and received expense money.
Case Study – Sarah • Did Sarah use a season of competition? No. Although she engaged in organized competition and received expenses, it occurred during the grace period (between graduation and her first opportunity to enroll). Therefore, Sarah did not use a season of competition, nor is she required to complete an academic year of residence upon enrollment.
Case Study – Cal • Cal, also known to his buddies as the “Cowardly Lion” because of his fear of playing goalie, graduates from high school in December 2005. • Cal competes on a semi-professional indoor soccer team (received expense money) from December 2005 to February 2006. • Cal enrolls in college in August 2006. • Did Cal use a season of competition?
Questions to ask: When did Cal graduate from high school? December 2005. When did Cal first enroll in college? August 2006. Was there a time lapse between these two? Yes, January 2006 to August 2006 (eight months). Did prospect participate in organized competition during time lapse? Yes -- and received expense money. Case Study – Cal
Case Study – Cal • Did Cal use a season of competition? • Yes. His first opportunity to enroll was January so he used a season of competition.
Prize Money Cha Ching!
Prize Money • Prior to initial full-time collegiate enrollment, an individual may accept prize money based on place finish for competition in open athletics events. • There is no limit on the amount of prize money that may be earned before initial full-time collegiate enrollment.
Case Study – Kevin • Kevin graduates from high school in May 2006. • During the summer following high school graduation, Kevin participated in a professional golf tournament and won $15,000 based on his second place finish.
Case Study – Kevin • May Kevin keep the cash and be eligible immediately on enrollment in fall 2006? • YES! Kevin may receive prize money based on place finish prior to initial full-time collegiate enrollment!
Case Study - Dorothy • Dorothy graduates from high school in May 2005 and delays enrollment until fall 2006. • During the 2005-06 academic year, Dorothy wins a total of $19,500 in prize money earned in various tennis events.
Case Study – Dorothy • Has Dorothy jeopardized eligibility? NO!! • Dorothy may accept the prize money without jeopardizing eligibility. BUT,
Case Study – Dorothy • Dorothy has triggered the seasons of competition rule. • She delayed enrollment AND accepted prize money based on place finish. • Dorothy has used one season of competition and must complete one academic year of residence prior to competing. Bylaws 22.214.171.124.1 and 126.96.36.199.3
Case Study – Dorothy • What if Dorothy delayed enrollment BUT did not receive prize money or any expenses? • She would not trigger the seasons of competition rule and may be immediately eligible on initial full-time collegiate enrollment.
Contracts • Before initial full-time collegiate enrollment, an individual may sign a contract with a professional team for athletics participation without jeopardizing amateur status.
Case Study – Toto • Toto graduates from high school in May 2003. • Toto signed a contract to play professional baseball and participated from June 2003 until August 2006. • Toto then enrolled full time at Oz University, a Division II institution. • Is Toto eligible to play baseball for the Oz Tornadoes?
Case Study – Toto • Toto is subject to seasons of competition legislation. • He delayed enrollment and participated for three seasons. • Toto has used three seasons of competition and must serve a year in residence.
Case Study – Toto However, • What if Toto decided to give up baseball and pursue his football aspirations? • May Toto be immediately eligible? • Is he required to serve a year in residence?
Case Study - Toto • The seasons of competition rule is sport specific, so Toto could be immediately eligible to participate in football.
Case Study – Toto • In reviewing Toto’s participation history, you discover Toto’s baseball agent also marketed his football abilities before initial full-time collegiate enrollment. • Does this affect Toto’s eligibility? Yes. Remember, agent agreements affect eligibility regardless of when executed. Oz will need to seek reinstatement.
Draft / Inquiry • Before initial full-time collegiate enrollment, an individual may enter a professional draft and be drafted. • An individual (prospective student-athlete or student-athlete may inquire of a professional sports organization about eligibility for a professional draft or request information about the individual's market value without affecting his or her amateur status.
Case Study – Auntie Em • A professional basketball team drafts Auntie Em right out of high school. • Auntie Em talks with an agent regarding upcoming contract negotiations. • Prior to the negotiations, Auntie Em decides to enroll at Yellow Brick University, a Division II institution, rather than pursuing the pro basketball career. • Has Auntie Em jeopardized eligibility by being drafted or by having discussions with an agent?
Case Study – Auntie Em NO – • Auntie Em may enter the draft and be drafted. • Auntie Em may talk to an agent, provided. • No oral or written agreement with the agent has occurred. • The agent does not negotiate on behalf of the individual, and • The individual does not accept benefits from the agent.
Competition with Professionals • Before initial full-time collegiate enrollment, an individual may compete with professionals on a professional team.
Case Study – • While recruiting Ced, Coach Byers, the legendary volleyball coach at Division II Overland Park University, realizes that Ced has previously participated on a club volleyball team. • Coach Byers does not know whether the club team is considered professional. • What should Coach Byers do?
Case Study – Ced Inquiries – • Did Ced delay collegiate enrollment and participate? • Was the team professional pursuant to Bylaw 12.02.4? • Did Ced receive any compensation? • Did Ced sign a contract?
Case Study - Ced • Coach Byers needs to analyze Ced’s participation under the seasons of competition rule. • If enrollment delayed, the seasons of competition rule is triggered. • Competition with professionals is permissible, so it does not really matter if the team were professional or amateur.
Resources • Google. • Web site (Agents, Gambling and Amateurism). • Guide to International Standards. • CD. • Institutional helpline. • Amateurism Clearinghouse.
Resources – Google Did you know? • If a student-athlete's name is rather unique, a www.google.com search using the name of a student-athlete and the sport they play will generate lots of useful information about athletics participation. • Example search string: “Tennis”
Resources – NCAA.org Did you know? • The agents, gambling and amateurism department at the NCAA national office maintains lots of information related to foreign leagues and teams on its Web site. • This information is sorted by sport.
Resources – Guide to International Standards Did you know? • The NCAA membership services department produces an annual guide that details a country-by-country breakdown of what a typical 'high school' career should look like for most foreign countries.