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Division I Introduction to Pre-Enrollment Amateurism

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  1. Division I Introduction to Pre-Enrollment Amateurism 2011Regional Rules Seminar Kelly Brooks Jen Daniels Jobrina Perez

  2. Session Overview • Expenses from Outside Amateur Teams. • Expenses from Sponsor other than Parent or Nonprofessional Sponsor of Event. • Payment Based on Performance. • Professional Team Involvement. • Delayed Enrollment. • Legislative Relief Waivers.

  3. Principle of Amateurism • NCAA Constitution 2.9 – • Student-athletes shall be amateurs in intercollegiate sport. • Participation motivated by education and physical, mental and social benefits to be derived. • Participation is an avocation. • Student-athletes should be protected from exploitation by professional and commercial enterprises.

  4. Review of Selected Bylaws Bylaw 12.1.2 – Prohibited Forms of Pay

  5. Bylaw 12.1.2.1.4.3Expenses from Outside Team or Organization • Expenses received from an outside amateur sports team or organization may not exceed actual and necessary travel, room and board expenses, and apparel and equipment for competition and practice held in preparation for such competition.

  6. Case Study – Annie • Annie, a women’s basketball prospect, participates on the “Cats” AAU basketball team in Chicago. • Starr, a professional women’s basketball player for the Florida Suns, is a financial contributor of the “Cats” AAU team. • Lately, Annie has been struggling to get motivated both in school and on the team. • Annie’s AAU coach would like to provide her with an expense-paid trip to Florida to visit with Starr and to attend a Suns game as a gift to get her more motivated in life.

  7. Case Study – Annie (con’t) • Will Annie jeopardize her NCAA Division I eligibility by accepting this gift from her AAU coach? • Yes. • Amateur team may provide actual and necessary expenses to represent the team in competition and practice. • Benefits related to the trip are unrelated to any competition involving the Cats.

  8. Case Study – Molly • Molly, a highly recruited women’s lacrosse prospect, participates on the “Buckeyes” club lacrosse team in New York. • The “Buckeyes” club lacrosse season begins in May and concludes in August. • The club provides all practice and competition related expenses to its athletes during the May through August playing season. • The club continues to provide training expenses to its players during the September through April off-season.

  9. Case Study – Molly (con’t) • Will Molly jeopardize her NCAA Division I eligibility by accepting the practice and competition related expenses from the Buckeyes during the playing season? • What about the practice related expenses provided during the off-season? See also: Bylaw 12.1.2.4.6

  10. Case Study – Molly (con’t) • Amateur team may provide actual and necessary expenses to represent the team in competition and practice immediately proceeding competition. • Permissible to accept practice and competition related expenses during the playing season. • Impermissible to accept practice only expenses when unrelated to impending competition. • Expense analysis based on sport’s playing season. • Considered “training” expenses. • Only permitted by National Governing Body or United States Olympic Committee.

  11. Bylaw 12.1.2.1.4.5Expenses from Sponsor other than Parent or Nonprofessional Sponsor of Event • Prohibits the receipt of expenses to participate in athletics competition (while not representing an educational institution) from a sponsor other than: • An individual upon whom the athlete is naturally or legally dependent; or • The nonprofessional organization that is sponsoring the competition.

  12. Bylaw 12.1.2.1.5Payment Based on Performance • Impermissible to receive any payment, including actual and necessary expenses: • Conditioned on the individual’s or team’s place finish or performance; or • Given on an incentive basis.

  13. Bylaw 12.1.2.4.1Pre-Enrollment Exception – Prize Money • Prior to collegiate enrollment, an individual may accept prize money based on place finish or performance in an open athletics event (an event that is not invitation only). • Such prize money may not exceed actual and necessary expenses; and • May be provided only by the sponsor of the open event.

  14. Case Study – Melissa • Melissa, a women’s golf prospect, competed in the Sweet Home Golf Tournament which is sponsored by Sweet Home Organization. • As the sponsor of the event, Sweet Home Organization provided the participants with all practice and competition expenses related to the tournament. • Melissa won the silver medal in the golf tournament. • Melissa received $2,500 in prize money from Sweet Home Organization and $1,500 from the state of Alabama for her place finish.

  15. Case Study – Melissa (con’t) • Has Melissa jeopardized her NCAA Division I eligibility by accepting practice and competition expenses related to the tournament from, Sweet Home Organization? • What about the $2,500 in prize money from Sweet Home Organization? • What about the $1,500 from the state of Alabama?

  16. Case Study – Melissa (con’t) • Nonprofessional sponsor of event may provide actual and necessary expenses related to participation in event. • Pre-enrollment prize money exception permits up to actual and necessary expenses from sponsor of event based on performance. • Sweet Home Organization is a permissible source (event sponsor); however, Melissa’s prize money exceeds actual and necessary expenses. • State of Alabama is not a permissible source.

  17. Bylaw 12.1.2.4.3Pre-Enrollment Exception – Payment Based on Team Performance • In sports other than men’s ice hockey and skiing, prior to collegiate enrollment, an individual may accept payment based on their team’s place finish/performance, or given on an incentive basis from an amateur team. • Combination of such payment and expenses provided to individual may not exceed athlete’s actual and necessary expenses to participate on team.

  18. Case Study – Carly • Carly, a women’s bowling prospect, participated on the Hoosier club bowling team in the summer of 2010. • Carly’s club team provided bowling shirts to its members and pays the entry fees for the club to compete. The athlete was responsible for all other competition-related expenses (transportation, shoes, meals, etc.). • However, as a bonus, the club provided the athletes with $20 for each win. • The Hoosiers won four matches during the summer and Carly received bonuses totaling $80 from the team.  

  19. Case Study – Carly (con’t) • Permissible in sport of bowling to except bonus based on performance from amateur team provided it does not exceed actual and necessary expenses to participate on team. • Carly incurred all expenses other than bowling shirt and entry fees for competition.

  20. Bylaw 14.2.3.2 – Delayed Enrollment

  21. Proposal No. 2009-22 • Sports other than men’s ice hockey and skiing, prior to initial full-time collegiate enrollment, an individual may: • Compete on a professional team; and • Enter into agreement to compete on a professional team. • Agreement may not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team. • Does not receive more than actual and necessary expenses to participate on the team.

  22. Case Study – Ross • Ross is a men’s soccer PSA from the Ukraine. • His determined date of high school graduation is June 2010. • He participated on a professional soccer team from August 2010 to June 2011 for a total of 20 contests. • He signed an agreement to play with the team and that he would receive a monthly stipend to cover his expenses. • He received a monthly stipend of $250. • He plans to enroll at Big Time University for the 2011 fall term.

  23. Case Study – Ross (con’t) • Has Ross jeopardized his amateur status? • No. Provided the $250 monthly stipend did not exceed his actual and necessary expenses.

  24. Bylaw 14.2.3.2.1 Delayed Enrollment – Season of Competition • Beginning August 1, 2011. • In sports other than men’s ice hockey and skiing, an individual may compete in organized competition for a one-year after high school graduation. • Competition beyond grace year result in legislative penalties: • Charged a season of eligibility; and • Academic year in residence.

  25. Case Study – Kirsti • Kirsti is a women’s volleyball player from Sweden. • Her high school graduation date as determined by the Eligibility Center is June 2011. • Kirsti is going to stay in Sweden for one more year to continue to develop her volleyball skills but would like to enroll at your institution for the 2012 fall term.

  26. Case Study – Kirsti (con’t) • How do you advise her to maintain all four seasons of competition? • She will need to enroll full-time by fall 2012 or stop competing. • If she signs an agreement it cannot guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team. • She cannot receive more than actual and necessary expenses to participate on the team.

  27. Bylaw 14.2.3.2.1 (con’t)Delayed Enrollment – Season of Competition • Beginning August 1, 2012. • Tennis only. • One year grace period changes to six month grace period.

  28. Case Study – Tim • Tim is a men’s tennis player from the Ukraine. • His high school graduation date as determined by the Eligibility Center is June 2011. • He is going to remain in Europe during 2011-12 to continue to develop his tennis skills. • He will enroll at State University for the 2012 fall term.

  29. Case Study – Tim (con’t) • Has Tim triggered the delayed enrollment legislation? • Yes, Tim will not have enrolled in a collegiate institution as a full-time student within his sixth-month period and continued to compete.

  30. Bylaw 14.2.3.2.1.1 Track and Field and Cross Country • A SA who has participated in organized competition after the one-year grace period and prior to full-time enrollment during a cross country, indoor track and field or outdoor track and field season: • Charged with a season of competition in the sport in which the SA has participated in for each calendar year subsequent to the one-year grace period.

  31. Case Study – Amanda • Amanda is a runner from London. • Her high school graduation date as determined by the Eligibility Center was June 2010. • Amanda will enroll at Big Time University for the 2012 spring term. • While in London, she participated in three cross country meets from August through October 2011. • How many seasons of competition does she have left in cross country?

  32. Case Study – Amanda (con’t) • How many does she have left in indoor and outdoor track? • Amanda has three seasons of competition remaining in cross country. • She has four seasons remaining in indoor and outdoor track.

  33. Bylaw 14.2.3.2.1.2Road Racing • A SA who has participated in road racing activities after the one-year grace period and prior to initial full-time enrollment: • Charged with a season of competition in each of the sports of cross country, indoor and outdoor track and field for each calendar year subsequent to the one-year period.

  34. Case Study – Derek • Derek is runner from Kenya. • His high school date of graduation as determined by the Eligibility Center was June 2010. • Derek ran in five road races from August 2010 through October 2011. • He will enroll at State University in January 2012.

  35. Case Study – Derek (con’t) • How many seasons of competition does he have in all three sports? • Derek has three seasons of competition remaining. Derek competed in road racing events after his year grace period (August through October 2011).

  36. Bylaw 14.2.3.5 Participation After 21st Birthday • Men’s ice hockey and skiing only. • Participation in any organized sports competition during each 12-month period after a prospect’s 21st birthday and prior to initial full-time enrollment: • One year of varsity competition in that sport.

  37. Legislative Relief Waivers Bylaw 14.2.3.2 – Delayed Enrollment

  38. Legislative Relief Waivers • NCAA Division I Legislative Council Subcommittee for Legislative Relief. • Visit legislative relief website. • Search case precedent. • Call 317/917-6144 to contact legislative relief staff about a pending or potential waiver.

  39. Legislative Relief Staff • Help institution build strongest case. • Ask/explain additional questions. • Resource (e.g., assist with precedent search, identifying or explaining applicable guidelines). • Process case in timely manner under students-first philosophy.

  40. Delayed Enrollment Most Common Assertions: • Minimal amount of competition or caliber of competition; • Lack of knowledge (domestic or international); • Institution discovered SA is subject to the rules during recruitment or after enrollment; and • Misinformation or lack of information.

  41. Delayed Enrollment Guidelines for Most Common Assertions: • Continue to review case-by-case; • Assertions in and of themselves will not likely result in relief from the legislation; and • Primary analysis shall focus on the circumstances outside of the SA’s control that necessitated the individual’s delayed collegiate enrollment.

  42. International Mandatory Military Guidelines: • Service must occur immediately after completion of high school; • Individual must enroll as full-time student at first opportunity once released from service; and • Participation must be amateur in nature with no amateurism violations.

  43. International Mandatory Military (con’t) Guidelines: • Relief provided for the season(s) of competition; • No relief provided for the academic year in residence; and • Mitigation or extenuating circumstances unrelated to mandatory military service shall be reviewed case-by-case to determine if relief of the year in residence is warranted.

  44. International Mandatory Military (con’t) Information Standards: • Mandatory military service requirement must be supported by objective documentation; • Date of high school graduation as determined by the NCAA Eligibility Center; and • Certification that participation since graduation from high school was amateur in nature.

  45. International Mandatory Military (con’t) Information Standards: • Documentation of the amount of competition during each year the individual was subject to the rule; • Documentation that the individual immediately enrolled at first opportunity; and • Additional documented mitigation.

  46. International Mandatory Military (con’t) • The guidelines only apply to the delayed enrollment legislation for sports other than men’s ice hockey and skiing (Bylaws 14.2.3.2.1 and 14.2.3.2.2). • The guidelines DO NOT apply to the 20th birthday (tennis) or the 21st birthday (men’s ice hockey and skiing) legislation.

  47. Case Study – Tom • Tom is a men’s tennis player from Australia. • Tom’s high school graduation date as determined by the Eligibility Center was December 2009. • Tom completed grade 12 over a two-year period. • December 2009 through December 2010: Tom’s one year grace period. • December 2010: Tom completed grade 12. • February through April 2011: Tom participated in eight dates of organized competition. • Tom intends to enroll at Big Apple University for the 2011 fall term.

  48. Case Study – Tom (con’t) • Tom was charged with one season of competition and must fulfill an academic year in residence.

  49. Case Study – Tom (con’t) • Assertions: • All tournaments Tom participated in were open events and no prize money was provided to any participants; • All tournaments Tom participated in were amateur in nature; • The amount of competition Tom participated in was minimal; and • But for the different academic calendars between the United States and Australia, Tom would have enrolled during the 2010 spring term.

  50. Case Study – Tom (con’t) • Decision: • Denied. • No mitigation was presented to explain why Tom delayed collegiate enrollment. • Tom did not complete high school in a recognized academic path under NCAA standards for international PSAs. • Assertion of minimal amount of competition does not warrant relief based on the NCAA Division I Legislative Council Subcommittee for Legislative Relief’s guidelines.