Jobrina Marques Jerry Vaughn

 Preferential Treatment.  Promotional Activities.  Male Practice Players.

NCAA Division I Bylaw  Preferential treatment, benefits or services because of the individual's athletics reputation or skill or pay- back potential as a professional athlete.  Unless such treatment, benefits or services are specifically permitted under NCAA legislation.

Interpretive Analysis Determine if benefit is being provided to individual based on participation in athletics.  Is student-athlete being singled out to receive the benefit?  Is SA receiving the benefit based on athletics ability?  Legislated exceptions to rule.

Interpretative Analysis (Continued)  Benefits resulting from an established relationship. Relationship develop as a result of athlete's participation in athletics? Relationship predate athlete's status as a PSA? Relationship predate athlete's status achieved as a result of athletics? Similar pattern of benefits prior to and after attaining notoriety? * Key factors are origin and duration of relationship and consistency of benefits provided during the relationship.  Logical tie test (PSA only). Normal and reasonable living expenses; Established relationship, even if developed as a result of athletics. 6/6/2000 Official Interpretation

Items for Discussion  Expenses for parents of SA participating in media activity.  SA who is disowned by parents/family fundraising for various expenses.  SA lodging with another SA during summer.

Bylaw  Self-Employment. SA may establish own business provided SA’s likeness is not used to promote. Pseudonym may be used in promotion of business and sale of own product. Bylaw  Advertisement and Promotions. SA’s likeness may not be used to promote a commercial product or service.

SA’s Own Product or Service SA was a singer pre- enrollment. SA wants to promote his/her own album. SA will not use athletics reputation. Independent Contractors SA is a product distributor of Avon. SA wants to promote own business. SA wants to promote Avon’s products. SA will not use athletics reputation. Use by Commercial Employers SA is employed by Best Buy. SA earned “Top Salesmen of the Quarter.” SA was selected to appear in a national advertisement for Best Buy. SA’s athletics status will not be used. Items for Discussion

Waiver Analysis  Is the activity athletically- or nonathletically-related?  Is compensation commensurate? Typical Conditions  No institutional involvement with promotional activities.  No references to SAs' involvement in intercollegiate athletics.  SAs' remuneration must be at a rate commensurate.  SAs' vocations may not be athletically related.

Bylaw  Male Practice Player ≠ Student-Athlete.  Male student may not receive financial assistance in exchange for practicing with women’s team.  Male student may not practice with a women’s team if receiving compensation from institution.

Interpretive Analysis  Is the benefit considered compensation?

Items for Discussion  Meals incidental to participation.  Academic support services.  Medical expenses.  Participation award.  Tokens of appreciation.

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