NCAA Division III Bylaw 17 – Out-of-Season Athletically Related Activities Team Presenters Jeff Myers Jean Orr

Special Thanks To: Greg Capell Tracey Hathaway Kiki Jacobs

Agenda Out-of-Season Athletically Related Activities. Teambuilding. Leadership Programs. New Legislation – Reservation of Facility. New Legislation - Fundraising. NCAA Division III Proposal No. NC–2016–8. Proposal No. 2016-6. Here are the topics we will be discussing. Purpose is to look at out of season activities that are typically not physical in nature nor related to game strategy but nevertheless may be impermissible to conduct out of season. There are a variety of examples and we will look at a cross section of them. Discuss how to identify them, and apply the proper analysis. Large part of this session will focus on activities characterized as certain student-athlete health and well being programs such as leadership development or nutrition needs mental health and team building activities. We received a number of questions in this area, last year at regional rules, throughout the year via RSRO and it resulted in an official interpretation being issued by the Division III Interpretations and Legislation Committee. 7. We will then transition into newly adopted legislation with a focus on Proposal 2016-6 that addresses fundraising involving athletics ability.

Philosophy Statement Colleges and universities in Division III seek to establish and maintain an environment in which a student-athlete’s athletics activities are conducted as an integral part of the student-athlete’s educational experience, and in which coaches play a significant role as educators. NCAA Division III Philosophy Statement If we look @ Bylaw 17 in a vacuum we miss much of the story Philosophical context and guiding principles are helpful when looking @ application of the rules set forth in Bylaw 17 Provides context as to why the rules are what they are, but also challenges us (membership) if rules are consistent with the philosophical context. Here is an excerpt from the philosophy statement Broad but bedrock principle. Two key parts: A. athletics as a integral part of the SA’s educational experience; B. role of coaches as educators.

General Principle The time required of student-athletes for participation in intercollegiate athletics shall be regulated to minimize interference with their opportunities for acquiring a quality education in a manner consistent with that afforded the general student body. NCAA Constitution 2.14 In addition to the philosophy statement There is a general principle governing playing and practice seasons This principle talks about regulating the playing and practice season to ensure a quality academic experience consistent with general student body Constitutional provision that applies to all divisions. – very similar to Division III specific principle Division III also has a Div. III general principle- Bylaw 17.01.1 which talking about “limiting” the athletic activities to minimize interference with the student’s academic program. What is recognized in this guidance is that while athletics is considered an integral part of the student’s educational experience, if inappropriately emphasized then proportion is an issue- and can be negative to the educational experience. As we go through this session the constant rub and why this area can be difficult is that finding the proper proportion (strategic positioning platform) is not easy to evaluate.

How Regulated? An institution is only permitted to conduct athletically related activities during the playing season. NCAA Division III Bylaw 17.1.1. Practice is any meeting, activity or instruction involving sports-related information and having an athletics purpose, held for one or more student-athletes at the direction of, or supervised by any member of the institution’s coaching staff. Bylaw 17.02.1.1(a) Move from the philosophical to the practical. -As we know, athletically related activities are only permitted during the defined playing season.- set forth in 17.1.1 The primary definition of an athletically related activity that we will be looking at is “Practice.” (Read definition) The important part here to focus on that definition of practice and understand that it is very broad. Most anything a coach wants to do with his team triggers this definition. Thus, to be permissible out of season you would likely need a specific exception. That is the analysis in the most basic terms that will guide us throughout.

Leadership Programming Student-athletes may participate in leadership and other programming involving sports-related information outside the playing and practice season provided: Similar programming is available to students generally; Not limited to members of a specific team; and Participation is voluntary. NCAA Division III Official Interpretation 11.19.15 Bylaw 16.3.2 Student-Athlete programming is an area that causes difficulty. If the programming involves sport related information and has an athletics purpose (which most of the examples we receive do), then it triggers the definition of practice To determine if the programming is permissible outside the season there is a two part analysis- Bylaw 16 and a Bylaw 17. When providing the SA benefit any benefit based on athletics (such as specific leadership programming), need to determine if the benefit itself is permissible from a bylaw 16 perspective. While the bylaw 16 analysis is not the focus of this session, nevertheless need to understand that to provide the programming exclusive for SA, then there needs to be similar programming available for students generally or a group of students determined on a basis unrelated to athletics. (Bylaw 16.3.2)- Again the focus will be on Bylaw 17. If determine that it is permissible from a bylaw 16 perspective then need to determine if it is permissible from a bylaw 17 perspective. Definition of practice is broad and many of these activities classify as practice when apply definition (Any meeting… sport related information). Therefore not permissible outside the season. ILC looked very closely at that definition of practice and was comfortable that when the activity involved more than one team it was much less like a practice. But when it was limited to a specific team, and the programming had some athletic purpose – ex. teaching SA to be better leaders on and off the field, then it was more like a practice and impermissible outside the playing season. Voluntary is an important point as well. If not voluntary then doesn’t matter if more than one team. ILC tried to balance the legislative limitations, while recognizing the practical benefits all the while staying true to the philosophy statement and general principle mentioned above. Look at some RSRO examples Programming Involving Sports-Related Information (III) Date Issued: November 19, 2015 Date Published: November 19, 2015 Item Ref: 1 Interpretation: The Interpretations and Legislation Committee determined that student-athletes may participate in leadership and other programming involving sports-related information outside the playing and practice season provided that programming is not limited to members of a specific team and participation is voluntary. Leadership and other programming involving sports-related information that is limited to members of a specific team constitute an athletically related activity. [References: NCAA Division III Bylaws 17.02.1.1 (athletically related activities), 16.3.2 (support services and other programming) and 16.3.2.1 (exception -- in-season athletically related activities)]

RSRO Case No. 1 “I want to make sure it's permissible to do a team bonding activity prior to the start of our season. We would like to go white water rafting and use our fundraising money for it. $71.00/head.” Impermissible. Answer: 1. Impermissible. 2. Team building activities are not explicitly mentioned in bylaw 17.02.1.1 (Athletically related activities), however if the purpose indicates the intent – which is an athletics purpose. 3. Difficult to justify anything categorized as team building outside the playing season 4. Refer back to the Practice definition and connect the purpose with the definition. 5. Potential permissible avenues to do team bonding – Community Service Activity 6. Impermissible expense- Even if allowed the institution could not pay for it even if fundraised money.  (Can only pay for practice (within state or 100 miles) and competition. And practice is only permitted during the playing season).  

RSRO Case No. 2 “Our track and field coach would like to hold seminars on nutrition, sleep habits, sports psychology etc. to educate his team prior to the start of the season. Once in season, there is no free time to participate in these activities.” Impermissible. Answer: 1. Impermissible because it is limited to one team. 2. Not sure if intent was to be voluntary. 3. How would they do it? Open it up to additional teams. 4. Additional teams need to be from different sports. Could not be from men’s and women’s track and field to satisfy the more than one team requirement.

RSRO Case No. 3 Permissible.* “Some of the fall coaches have expressed interest in the NCAA DiSC Behavioral Assessments. Since the results come in the mail I am assuming weeks after the test is taken, when are the fall sports allowed to administer this type of test? For example, is a fall sport allowed to have their …returning students take an online version of this assessment over the summer so that the results are available for the start of the season?” Permissible.* Answer: Definition of practice requires “activity” held for one or more SA = yes “at direction of… any member or members of an institution’s coaching staff” = yes “involving sports – related information” - No. “having an athletics purpose” – yes- This is permissible because the activity does not involve athletics information. This situation would be treated like a study hall. What does that mean? It means that any repercussions for not participating could not be athletic in nature- i.e.. Running, … Bylaw 16 analysis is important here: Have to determine if “similar programming available” - analyzed on both a student and PSA basis The reason there is an asterisk is that the original question also asked about incoming students. That analysis is not a bylaw 17 analysis or a bylaw 16 analysis but is rather a bylaw 13 analysis and distracts from the purpose of this slide for this presentation. But likely would not be permissible for the incoming students to take until they arrive on campus and attend class- unless a broader group of incoming students have the option of taking this assessment.

Airing of Grievances As we look back on where we are- Is this the best place for the Division. Are there concerns you have. 3. General discussion on the topic.

New Legislation – Facility Reservation Proposal No. 2016-5 Bylaw 17.02.1.1.1(h) and (i) Access student-athlete only facilities outside the season; May reserve any institutional facility for voluntary out-of-season workouts. Convention proposal 2016- 05 allowed Student-athletes to use SA only facilities outside the playing and practice season. Also allowed institutional facilities to be reserved for out of season voluntary strength and conditioning workouts Can only reserve the facility if the certified Strength and Conditioning coach is conducting the workout. Can’t reserve during the summer because not permissible to conduct during the summer. SA can access SA only facilities during the summer. Reference: Educational Column “Proposal Number 2016-5 (2-5) Playing And Practice Seasons -- Definitions And Applications -- Athletically Related Activities -- Exceptions -- Reservation Of Facility By Certified Strength And Conditioning Coach (III) Date Issued: January 14, 2016 “

New Legislation - Fundraising I’d like to spend the rest of this session chatting with you about two recently adopted bylaws involving fundraising outside the playing and practice season. Similar to the content that Jeff has just covered with you, this new legislation has also been the source of quite a few questions via RSRO and the conference contact program. Hopefully, I can answer many of those questions for you this morning. Just to note, this recently adopted legislation is found in Bylaw 17.02.1.1.1.

New Legislation - Fundraising Proposal No. NC-2016-8 Voluntary fundraising and community service activities not involving the use of athletics ability by SAs to obtain funds provided the activities receive approval from the institution’s chancellor or president (or his or her designee) before the activity (see Bylaw 12.5.1.1 for restrictions on promotional activities). Bylaw 17.02.1.1.1 – (d) The first proposal to address is Noncontroversial Proposal 2016-8, which clarifies that VOLUNTARY fundraising and community service activities that do not involve athletics ability to obtain funds may occur as long as: An institution’s chancellor or president (or designee) signs off on the activity, and All conditions of the promotional activities legislation (Bylaw 12.5.1.1 are met). Quite literally, the only change to this new legislation is the word VOLUNTARY. Everything else remains the same. Adopted: 2016 NCAA Convention Effective Date: Immediate. Sponsored: NCAA Division III Management Council (Interpretations and Legislation Committee).

New Legislation - Fundraising Proposal No. NC-2016–8 – (Intent). To specify that the fundraising and community service exception to the prohibition on athletically related activities occurring outside of the declared playing and practice season must be voluntary for the exception to apply. Bylaw 17.02.1.1.1 – (d) So what is the intent behind the addition of the word VOLUNTARY? Well, by adding the word VOLUNTARY the new legislation specifies that if an institution wants its SAs to participate in fundraising or community service activities outside the playing season, those activities must be voluntary.

New Legislation - Fundraising Proposal No. NC-2016–8 – (History). Previous legislation allowed an institution to require a SA to participate in fundraising and community service activities outside the playing and practice season, as long as those activities did not involve athletics ability. Requiring a SA to participate in such activities outside the playing and practice season is contrary to the Division III philosophy. Bylaw 17.02.1.1.1 – (d) And why does the new legislation need to ensure that these out-of-season fundraisers and community service activities are voluntary? Well, under the previous legislation an institution could require a SA to participate in these fundraising and community service activities as long as those activities did not involve athletics abilities. So for example, a cross country coach could require her SAs to work the concession stand at all the home baseball games during the spring term because that fundraising activity would not involve athletics. Additionally, that same cross country coach could require her SAs to participate in community service activities as long as the activities did not involve athletics abilities. By adding the word VOLUNTARY to this existing legislation, the Division III membership was effectively saying that requiring a SA to participate in such activities outside the playing and practice, even if it does not involve athletics ability, is contrary to the DIII philosophy of balance amongst athletics, academics, and co-curricular activities.

RSRO Questions So let’s do an RSRO question that ties in this new bylaw.

RSRO Question No. 4 During the men’s soccer nontraditional segment, an institution’s men’s soccer coach required his SAs to participate in a community service activity – reading at a nursing home. The coach counted the community service activity toward the maximum daily and weekly limits of the nontraditional segment. There is disagreement among the coaching staff whether it was permissible to require community service during the men’s soccer nontraditional segment. What do you think?

RSRO Answer No. 4 It is permissible to require the community service activity during the nontraditional segment in men’s soccer, as long as it counts against the maximum limits (required community service activity is considered an athletically related activity). Any community service activities that take place outside the playing season must be voluntary, and may not involve the use of athletics ability. Bylaws 17.02.1.1; 17.02.1.1.1 – (d) and 17.1.4.4

New Legislation - Fundraising Proposal No. 2016-6 Voluntary out-of-season institutional fundraising events involving the use of athletics ability by student-athletes (either to obtain funds or to participate in the activity), provided participation in the event is open to any and all entrants and student-athletes receive prior approval from the institution’s chancellor or president (or his or her designee) before participating in the activity (see Bylaw 12.5.1.1 for restrictions on promotional activities). Bylaw 17.02.1.1.1 – (e) Educational Column 01/14/2016 If there aren’t any questions, let’s move on to the next recently adopted legislation involving fundraising – this is Proposal 2016-6. This new legislation clarifies that a VOLUNTARY out-of-season institutional fundraising event that DOES involve the use of athletics ability by SAs is NOT considered an athletically related activity and thus, IS permissible outside the playing and practice season, as long as the event is OPEN TO ANY AND ALL, the institution’s president or chancellor (or designee) approves the event, and all conditions of Bylaw 12.5.1.1 are met. So what exactly is the intent behind this new legislation? Well, it is intended to allow SAs to participate in out-of-season institutional fundraising activities that involve athletics ability as long as the activity is voluntary and open to any and all entrants. I do want to draw a distinction to the previous bylaw which allows for voluntary fundraising AND community service activities (as long as no athletics is involved). This new legislation only allows for institutional fundraisers. So it does not allow for community service activities that involve athletics ability outside the playing and practice season. This is a very specifically carved out exception. Adopted: 2016 NCAA Convention Effective Date: Immediate. Sponsored: Iowa Intercollegiate Athletic Conference and University Athletic Association.

New Legislation - Fundraising Proposal 2016–6 – (Rationale). No intent to assess or monitor the athletics ability of a SA participating in an athletically related fundraising activity; Offers more fundraising opportunities for SAs; and Offers more opportunities for SAs to network with alumni and friends of institution. Bylaw 17.02.1.1.1 – (e) Educational Column 01/14/2016 And what is the rationale for this very specific exception for institutional fundraisers involving athletics ability? This exception recognizes that there is an unlikely intent for a coach to assess or monitor the athletics ability of a SA who participates in an athletically related fundraising outside the playing season. Additionally, this exception allows more fundraising opportunities for SAs throughout the calendar year, as well as more opportunities for SAs to network with alumni and friends of an institution. So in general terms, the membership felt the benefits of this exception outweighed any potential concerns for abuse.

New Legislation - Fundraising Proposal No. 2016–6 – (History). Institutional fundraising activity involving athletics ability was considered an athletically related activity. Student-athletes (SAs) and coaches could not engage in athletically related activities outside the playing and practice season. Bylaws 17.02.1.1 and 17.1.5 Educational Column 01/14/2016 So what is the history of this legislation? Well, under the previous legislation an institutional fundraising activity that involved a SA’s athletics ability was considered an athletically related activity (whether it was required or voluntary). Therefore, any fundraising activity that involved the athletics ability of a SA could not occur outside the playing and practice season. For example, if a WBB team wanted to do a free-throw shoot-a-thon to pay for their foreign tour, under the previous legislation the fundraiser would have to occur during their playing season in order for the WBB SAs to participate. Under the new legislation, it is permissible for that same WBB team to participate in a free-throw shoot-a-thon outside their playing season as long as it is voluntary, the president (or designee) has signed off on it, it is open to all entrants to participate in the shoot-a-thon as well, and all conditions of Bylaw 12.5.1.1 are met.

Athletically Related Fundraising – Out-of-Season Voluntary? No Not permissible per Bylaw 17.02.1.1.1 – (e) Yes Proceed to next question So when you’re planning an out-of-season institutional fundraising activity that involves athletics ability, the following questions may help you determine whether it is permissible or not. Is it voluntary?

New Legislation - Fundraising Is the event voluntary? SA may not be required to participate. SA may not be penalized or recognized based on participation. Bylaw 17.02.1.1.1 – (e) Educational Column 01/14/2016 In layman’s terms: A SA may not be required to participate in the activity; and A SA may not be penalized or recognized based on their participation of the activity.

Open to Any and All? Athletically Related Fundraising – Out-of-Season No Not permissible per Bylaw 17.02.1.1.1 – (e) Yes Proceed to next question. Is the activity open to any and all?

New Legislation - Fundraising Is the event open to any and all? If an activity is limited to the specific team or only to SAs, it is not open to any and all. If it is open to the entire student body, it is open to any and all. Bylaw 17.02.1.1.1 – (e) Educational Column 01/14/2016 In other words, is the activity limited to a specific team, or perhaps limited to SAs only? Or is it truly open to any and all, such as the entire student body or the entire community?

Athletically Related Fundraising – Out-of-Season Competition or Practice (under guise of fundraiser)? No Proceed to next question. Yes Not permissible per 17.02.1.1.1 – (e) Is the activity intended to serve as a guise for competition and/or practice?

New Legislation - Fundraising Is the event a guise for competition or practice? Coaches may not assess or provide instruction to a SA; SA may not compete as part of a team in the SA’s sport if the fundraiser is organized or administered by the athletics department or benefits the athletics department. In individual sports, such units as golf foursomes, doubles tennis teams and relay teams in track and field are not considered to be team competition. Bylaw 17.02.1.1.1 – (e) Official Interpretation 04/22/2016 Educational Column 01/14/2016 Answering this question may be difficult, and you’ll need to ensure you speak with the coaches or whomever is organizing the fundraiser to truly understand the intent of the fundraiser, why it’s involving athletics ability, and what role the SAs will have in the fundraiser. No matter the fundraiser, coaches may not assess or provide instruction to their SAs during an out-of-season fundraiser involving athletics ability; and SAs may not compete on a team in their own sport if the fundraiser is either organized or administered by athletics or the fundraiser benefits athletics. However, in individual sports, units like golf foursomes, doubles tennis teams and relay teams in track and field have historically not been considered to be team competition. Instead, units in individual sports have legislatively been considered individual competition. This is clarified in a new official interpretation dated 04/22/2016. Refer to Bylaws 14.7.2.6 and 17.02.12 to further clarify that units in individual sports are not considered to be team competition.

Athletically Related Fundraising – Out-of-Season The following continue to be permissible outside the playing season: SA competing in out-of-season event that is not administered by and does not benefit athletics department. SA competing in out-of-season event that is in a sport other than the SA’s sport(s). The SA participates as an individual in an individual sport (e.g., institutional 5k, golf outing); SA working the event in any capacity (e.g., referee; scorekeeper; registration). Bylaw 17.02.1.1.1 – (e) Official Interpretation 04/22/2016 Educational Column 01/14/2016 When considering whether fundraisers are serving as a guise for competition or practice, it is important not to be overly restrictive with activities that continue to be permissible, even under the new legislation. SAs are permitted to compete in an out-of-season fundraising activity that involves athletics ability if the activity is not administered by and does not benefit the athletics department. For example, if Joe the baseball SA wanted to compete in a baseball-related fundraising activity sponsored by AND benefiting a local hospital, it would be permissible for him to do so. Additionally, SAs are permitted to compete in an out-of-season fundraising activity that involves athletics ability if the activity is in a sport other than the SA’s sport (or sports). So using Joe the baseball SA as an example again – if the institution’s men’s soccer team were hosting a fundraising soccer tournament, it would be permissible for Joe the baseball SA to participate since the fundraiser does not involve the Joe’s sport of baseball. As noted in the previous slide, it is permissible for a student-athlete to participate as an individual (or in a unit) in an individual sport, such as an institutional 5k or an institutional golf outing, as they are not considered to be participating in team competition. Lastly, SAs may work at an out-of-season fundraising activity in any capacity, such as a referee, scorekeeper, or at the registration desk. Although some of these responsibilities may seem to involve athletics ability of a SA, such as being a referee, which may require substantial amount of running and conditioning, the purpose of these responsibilities is to ensure the operation of the event. Therefore, if a SA is working the event in any capacity, the SA is not considered to be using athletics ability.

Athletically Related Fundraising – Out-of-Season Meet promotional activities legislation (Bylaw 12.5.1.1)? No Not permissible per Bylaw 17.02.1.1.1 – (e) Yes Permissible per Bylaw 17.02.1.1.1 – (e) Lastly, does the out-of-season institutional fundraiser involving athletics ability meet all the provisions of Bylaw 12.5.1.1, including being approved by the president or chancellor (or his/her designee). It’s important to note that per an official interpretation dated December 17, 2015 an institution’s chancellor or president (or designee) is only required to provide a SA with permission to participate in these types of institutional promotions or fundraisers once per academic year.

Keep in Mind! Now let’s keep in mind a few things…

New Legislation - Fundraising Keep in Mind… No limit on the number of institutional fundraisers involving athletics ability. Institutional fundraisers may occur throughout the calendar year (including summer). Funds are considered “unearned” when a SA participates in an institutional fundraising event involving athletics ability (funds may not be designated for a SA). Bylaws 12.1.1.1.2.1 and 17.02.1.1.1 Educational Column 01/14/2016 There is no limit to the number of institutional fundraisers involving athletics ability that may occur during a calendar year. Institutional fundraisers involving athletics ability may occur throughout the calendar year, including summer vacation. And funds are considered “unearned” when a SA participates in an institutional fundraising event involving athletics ability. Therefore, the funds could not be earmarked for a particular SA. Please note, I will provide a brief refresher of what “earned” and “unearned” funds are in the Bylaw 12/16 session.

Requests/Self-Reports Online Questions (Continued)

RSRO Question No. 5 An institution’s field hockey team is planning a trip to Florida for spring break 2017. After their traditional segment concludes this fall, they would like to host a “Faculty vs. Field Hockey Team” contest, in which each participating professor donates $10 for every goal the faculty team scores. Is this permissible outside the playing and practice season? How could this be permissible?

RSRO Answer No. 5 It is not permissible for the “Faculty versus Field Hockey Team” contest to occur outside the playing and practice season. The fundraiser is not open to any and all, and SAs are not permitted to compete in their sport. The fundraiser could occur during the playing and practice season as long as it met all promotional activity requirements and counted as a contest. Bylaws 12.5.1.1; 17.02.1.1.1 – (e);17.02.2 and 17.1.4.5.1.1 – (f) Educational Column 01/14/2016 Note: If the team wanted to conduct the fundraiser during their playing and practice season, but did not want to count it as a contest, they could structure it to meet the fundraising activity exception set forth in Bylaw 17.1.4.5.1.1 – (f)

RSRO Question No. 6 In August the men’s basketball team would like to host (but not compete in) a 3-on-3 basketball tournament, open to the student body, as part of the institution’s “Welcome Back to Campus” schedule of activities. Is this permissible? Could the women’s basketball team compete in the tourney?

RSRO Answer No. 6 It is permissible for the men’s basketball team to voluntarily help with the operation of the tournament (e.g., concessions, scorekeeper, referee, facilities), as long as it meets the promotional activity legislation. However, neither the men’s nor women’s basketball student-athletes may compete in the tournament. Bylaws 12.5.1.1 and 17.02.1.1.1 – (e) Educational Column 01/14/2016 It is important to underscore that this new legislation is sport specific rather than team specific.

Questions?

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