Bylaw 13 Publicity and Electronic Communications Events Involving Prospective Student-Athletes Chris Brown Jeff Myers Good afternoon everyone and welcome to the Division III Bylaw 13 presentation. Today we will place a special emphasis on Publicity and Electronic Communications and then shift to Events Involving Prospective Student-Athletes.

Agenda Electronic communications. Publicity. Timing and correspondence. Proposed legislation. Recruiting materials. Events involving prospective student-athletes. Let’s take a moment to review the agenda. We will start with electronic communications, look at the publicity legislation as it relates to social media, discuss the timing of correspondence, take a moment to highlight proposed legislation for the 2019 NCAA Convention, review the recruiting materials legislation and then finally, discuss events involving prospective student-athletes. If that works for the group, we will go ahead and get started.

Electronic Correspondence/Transmissions There are no restrictions on the timing or number of telephone calls and private electronic correspondence with a prospective student- athlete. Telephone calls or electronic communications may not be made with a PSA at the site of organized competition. NCAA Division III Bylaw 13.02.11 and 13.1.4 Bylaw 13.02.11 As it relates to recruiting, there is no timing restrictions or limits on the number of telephone calls or electronic correspondences conducted with a prospective student-athlete. As such, a coach is able to text, call or email a prospect at anytime, provide the communication is private between sender and prospect. The only additional restriction, applies when a prospective student-athlete is participating in competition. An institutional staff member is not permitted to engage in any recruiting activities at the site of an organized competition, including phone calls, until the prospect has been released for the day by his or her coach.

Electronic Correspondence/Transmissions (cont.) Who can call a PSA? Student-athlete. Staff member. Booster. Who can they call? Freshmen to senior PSA. Junior college SA. Non SA. Parents or legal guardians. Current SA (with permission to contact). Bylaws 13.02.11.1; 13.1.3 and 13.1.1.2 Now let’s break this down a bit further. So as we can see, student-athletes, institutional staff members and boosters, are able to engage in electronic correspondence. Traditionally, these correspondence is done with a high school PSA, Junior College PSA, the parent/legal guardian of a prospect and even four-year college PSAs, provided permission to contact has been received.

Electronic Correspondence/Transmissions (cont.) What is a private message? Call; text; facetime; and email. Private direct message. (That only the PSA can see.) Who can see it? Only the sender and the receiver should be able to see the communication. Bylaw 13.02.11 Bylaws 13.02.11 Now we referenced earlier that electronic transmission must be private between sender and receiver. The slide, highlights examples of commonly used private messages. These are going to be your calls, texts, face time, email or direct messaging on social media platforms.

Electronic Correspondence/Transmissions (cont.) What is a public message? A tweet that tags a PSA - @suzyswimmer. A post on a Facebook wall. A direct link of a PSA's name on Facebook. Snapchat with a group of people. Group me with a group of people. Email with multiple people (that is not blind carbon copied). Who can see it? More than just the sender and receiver. Bylaw 13.02.11 Bylaws 13.02.11 Now to contrast private messaging are public messages. In the social media realm, this is going to include posting on a facebook wall, any emails including more than one person, tagging a prospective student-athlete with their social media handle and generally speaking any correspondence in which other users of the platform are able to see the message.

Publicity

Publicity and Social Media Accounts Generally, publicity and electronic transmission legislation apply to the following social media accounts: Institutional athletics accounts; Team accounts; Athletics department staff member's personal accounts; and SAs' accounts – when directed by athletics department or staff. Bylaw 13.10 Bylaws 13.02.11 Now as we talk about legislated rules surrounding publicity, it is important to know who the legislation applies to. The legislation is applicable to institutional athletic accounts, team specific accounts, the personal accounts of an athletics staff member and in when being done so at the direction of the institution, SA social media accounts.

Publicity Presence of media during recruiting contact. Comments before acceptance. PSA's visit to campus. Photograph of a PSA. Bylaws 13.10 Now let’s take some time to review the pertinent legislation in the area of recruiting.

Publicity – Presence of Media A member institution shall not permit a media entity to be present during any recruiting contact made by an institution's coaching staff member. Bylaw 13.10.1 Bylaws 13.10.1 A member institution is precluded from permitting a media entity to be present during any recruiting contact made by a coaching staff members. This would include television news, radio show, news paper writers, etc.

Publicity – Comments Before Acceptance An institution may comment publicly only to the extent of confirming its recruitment of the PSA. Bylaw 13.10.2 Bylaws 13.10.2 Further, if asked about the recruitment of a prospective student-athlete, a member institution may only comment publicly acknowledging the recruitment of a prospective student-athlete.

Publicity – PSA Visit A member institution shall not publicize (or arrange for publicity of) a PSA's visit to the institution's campus. Bylaw 13.10.4 Bylaws 13.10.4 Now as it relates to campus visits, an institution shall not publicize, or arrange for the publicity of a PSA’s visit to campus.

Publicity – Photo of a PSA It is permissible for an institution to photograph a PSA during a campus visit to be used in the institution's permissible publicity and promotional activities (e.g., press release, media guide), but the photograph may not be given to the PSA. Bylaw 13.10.6 However, it is permissible for the institution to take a photo a prospective student-athlete while on a visit to the institutions campus. At that point, the institution would have to hold on to the photo until the PSA’s commitment to the institution.

Publicity – Photo of a PSA (cont.) It is permissible for an institution to provide a PSA with an unaltered digital photograph taken during a campus visit. Digital photographs provided in this manner would not constitute an impermissible offer or inducement. Bylaw 13.10.6 Official Interpretation: 02/23/2018, Item Ref. 2-1 Bylaws 13.10.6 Did want to highlight the February 23, 2018 interpretation. This clarifies that if an institution does take a photo of a prospective student-athlete, you are able to provide the PSA with a digital unaltered copy of the photo. Providing a photo in this manner, would not constitute an impermissible recruiting offer/inducement. Official Interpretation Providing a Digital Photograph to a Prospective Student-Athlete (III) Division: III Date Issued: February 09, 2018 Date Published: February 23, 2018 Item Ref: 2-a Interpretation: The Interpretation and Legislation Committee confirmed that it is permissible for an institution to provide a prospective student-athlete with an unaltered digital photograph taken during a campus visit. Digital photographs provided in this manner would not constitute an impermissible offer or inducement. [References: NCAA Division III Bylaws 13.2.1 (general regulation), 13.6 (official visit), 13.7 (unofficial visit), 13.10.6 (photograph of prospective student-athlete), and a staff interpretation (12/12/2017, Item No. a), which has been archived]

Publicity – Photo of a PSA (cont.) The image is provided through private communication; and The athletics staff does not encourage the PSA to post the image on social media. Bylaw 13.10.6 Official Interpretation: 02/23/2018, Item Ref. 2-1

Timing of Correspondence Now let’s shift to the timing of correspondence involving prospective student-athletes. A good analogy for this legislation is a stop light.

PSA Timing of Correspondence Before Financial Deposit After Deposit, Before May 1 After Deposit, After May 1 Now when we discuss timing, we are really focused on three benchmarks. The timeframe before the PSA has made a financial deposit, the timeframe after receiving the financial deposit but before May 1 and then after receipt of the financial deposit, after May 1.

PSA Timing of Correspondence Before Financial Deposit Private Communication Now before receiving a financial deposit, all communication between an institution and a prospective student-athlete must remain private. Bylaw 13.02.11

PSA Timing of Correspondence Let’s take a quick look at an example. We have Suzy Swimmer who has received a message from Coach Davis. Now we have to ask a couple of questions, is the message private or public and is the PSA publicly linked to the message? The first answer is private and no, the PSA is not publicly linked. Therefore, the message would be permissible. Is the message private or public? Is the PSA publicly linked?

PSA Timing of Correspondence (cont.) After Deposit, Before May 1 Private Communication Announce PSA's Commitment Now the prospect has fallen in love with your institution and has decided to put down a financial deposit. If this is before May of their senior year, all communication must remain private. However, the institution at that point is able to announce the PSAs commitment. NCAA Bylaw 13.10.7

PSA Timing of Correspondence (cont.) Announcement of acceptance. Announce PSA's commitment to attend institution. May post a photo of the PSA. May post a press release about PSA. May provide general data and information about PSA in posting. DO NOT publicly link the PSA (e.g., tag). The manner in which the commitment is announced is left to the institution's discretion. However, because all communication must remain private, the institution is still precluded from publicly linking the PSA to the announcements.

Social Media Example Has the PSA paid his deposit? Bylaws 13.02.11 Now let’s take a look at another example. Here we have NCAA University tweeting the commitment of Andy Smith. What two questions do we need to ask: Has the PSA paid his deposit and is the PSA publicly linked to the tweet. Now assuming Andy has put down a financial deposit, we can tell that Adam is not publicly linked to the tweet. Therefore, this scenario would be permissible. Has the PSA paid his deposit? Is the PSA publicly linked to the tweet?

PSA Timing of Correspondence (cont.) After Deposit, After May 1 Public and Private Communication Now following receipt of a financial deposit and after May 1, the private communication restriction is lifted. As such, communication can be done publicily. Bylaw 13.02.11.4

Social Media Example Is the PSA publicly linked to the tweet? Has the PSA paid his deposit? Is it after May 1? Bylaws 13.02.11 Let’s look at one more example. We have the same tweet from NCAA University announcing the commitment of Andy Smith. A few questions to ask, is the PSA publicly linked to the tweet. Yes, we see Andy’s twitter handle. Has the PSA paid his deposit and is it after May 1? Assuming we are in receipt of the financial deposit, this tweet would be permissible.

Group Activity

Group Activity 1 Permissible Not Permissible Questions Social media accounts. Departments outside athletics using social media. Social media involving family and friends. Social media – becomes a DIII coach or a club/hs coach.

Question No. 1 A coach sees that his PSA has commented about attending NCAA University on March 1. The coach contacts the admissions counselor and asks the counselor to respond to the PSAs tweet. Permissible or not permissible? Bylaws 13.02.11

Question No. 1 - Answer Not permissible. Bylaws 13.02.11

Departments Outside Athletics Recruiting legislation applies to athletics-based recruiting and does not limit an institution's admissions office from the recruitment of prospective students generally. Therefore… Admissions office (and other departments outside athletics) may publicize a PSA's visit to the institution's campus in the same manner done for prospective students generally. Staff member outside athletics may publicly initiate or respond to social media correspondence as long as the staff member… Acts in the same manner for prospective students generally. Does not act at the direction of or on behalf of athletics. Bylaws 13.01.1 and 13.10.4.2 Staff Interpretation: 04/23/2015 and Official Interpretation: 12/17/2015 Bylaws 13.02.11 Now, as a reminder, recruiting legislation applies to the athletics based recruiting. The rules are not meant to impact the normal recruiting practices of the institution generally. Therefore, an institution’s admissions office can publicize a PSA’s visit to campus as long as it is done in the same manner as a prospective student generally. Further, a non-athletics staff member can publicly engage via social media with a PSA in the same manner as any other prospective student.

Question No. 2 Is it permissible for an athletics director to post a video of his daughter (that may include other PSAs in the background) on his personal social media page? Permissible or not permissible? Bylaws 13.02.11

Question No. 2 - Answer Permissible. Bylaws 13.02.11

Social Media – Involving Family and Friends An athletics staff member may use a personal social media account to comment or post about his or her prospected-aged child, family member, or friends provided: The post or comment is focused on the athletics staff member's child, family member, friend and no other PSAs; Other PSAs by the institution are not publicly linked to the posting or commented about; and The athletics staff member is acting on behalf of himself or herself and not the institution. Staff Action Social Media Involving Athletics Staff Member's Prospect-Aged Child (III) Division: III  Date Issued: April 27, 2017  Date Published: April 27, 2017  Item Ref: a  Interpretation: The NCAA academics and membership affairs staff agreed that an athletics staff member may use a personal social media account to comment or post about his or her prospect-aged child provided: (1) the post or comment is focused on the athletics staff member's child and no other prospective student-athletes; (2) other recruited prospective student-athletes by the institution are not publicly linked to the posting (e.g., tagged, retweeted) or commented about; and (3) the athletics staff member is acting on behalf of himself or herself and not the institution. [References: NCAA Division III Bylaws 13.01.1 (scope and application), 13.02.8.1 (recruited prospective student-athlete), 13.02.11 (electronic transmissions) and 13.10.2 (comments before acceptance)]

Question No. 3 An athletics staff member may remain friends or follow a family member who is a PSA? Permissible or not permissible? Bylaws 13.02.11

Question No. 3 - Answer Permissible. Bylaws 13.02.11

Question No. 4 An athletics staff member may remain friends on Facebook with their best friend from high school and like a family photo her friend posts (which includes her PSA aged son)? Permissible or not permissible? Bylaws 13.02.11

Question No. 4 - Answer Permissible. Bylaws 13.02.11

Question No. 5 Is it permissible for a coach to like a high school Facebook post when a PSA is tagged in the post? Permissible or not permissible? Bylaws 13.02.11

Question No. 5 - Answer Not permissible. Bylaws 13.02.11

Proposed Legislation

Social Media – Division I and II Athletics department staff member may take actions (e.g., like, favorite, republish, etc.) on social media platforms that indicate approval of content on social media platforms that was generated by users of the platforms other than institutional staff members or representatives of an institution's athletics interests. Division I Bylaw 13.10.2.8 Division I Staff Interpretation: 12/5/2013, Item Ref. a Division II Bylaw 13.10.2.1 Division II Official Interpretation: 11/28/2017 13.10.2.8 Exception -- Actions That Indicate Approval of Content on Social Media Platforms. An athletics department staff member may take actions (e.g., "like," "favorite," republish, etc.) on social media platforms that indicate approval of content on social media platforms that was generated by users of the platforms other than institutional staff members or representatives of an institution's athletics interests. (See Bylaw 11.3.2.5.) (Adopted: 4/28/16 effective 8/1/16) Both Divisions I and II have recently made changes to their social media legislation to permit a coach to friend/follow a prospect and then to respond to content generated by a PSA.

Social Media – Division III An institutional staff member is NOT permitted to initiate a "friend" or "follow" request to a PSA through a social networking site and take actions (e.g., like, favorite, republish). Division III Bylaws 13.02.11 and 13.10.2 Division III Education Column: 01/18/2013 Under current Division III legislation, an institutional staff member may not friend/follow a PSA or respond publicly to content generated by a PSA on a social media platform.

Social Media – Proposed Legislation Permit institutional staff members to connect with (e.g. friend, follow, etc.) PSAs on social media platforms. Allow an institutional staff member to engage in actions that indicate approval of content on social media platforms that were generated by users of the platforms. The proposed legislation, would eliminate those restrictions, by first permitting an institutional staff member to friend or follow a PSA on a social media platform. Secondly, this proposal would allow an institutional staff member to engage in actions that indicate approval of content on social media platforms generated by users of the platforms. So think liking, retweeting, favoriting, etc.

Social Media – Proposed Legislation (cont.) Twitter Permissible/Not Permissible Reply Not permissible Retweet Permissible Like Direct Message Facebook Permissible/Not Permissible Like Permissible Comment Not permissible Share

Recruiting Materials

Recruiting Materials Institutions are permitted to provide to PSAs, PSA's relatives [or guardian(s)], and to coaches of PSAs any official academic, admissions, athletics and student- services publications or electronic media published or produced by the institution. Institutions are also permitted to provide other information of a general nature that is available to all students or prospective students. Bylaw 13.4.1 As it relates to recruiting materials, an institution is permitted to provide a PSA, his or her parent/legal guardian or coach any athletics, admissions or electronic media produced by the institution at any time. Further, the institution may provide other general information that is available to prospective studnets.

Recruiting Materials (cont.) A coach may send a PSA an official roster spot provided: It does not require a signature or contractual commitment. It is published or produced by the institution (e.g., institutional letterhead). Staff has gotten a fair amount of questions related to sending official roster spot offers. Now the legislation precludes an institution from using a form other than the nonbinding celebratory form. However, provided an offer spot letter does not require a signature or any sort of contractual commitment and is produced by the institution the roster spot offer letter would be permissible.

Recruiting Advertisements Recruiting advertisements designed to solicit the enrollment of a PSA. Where is it located? Advertisements may not be placed at PSA athletics events. May not be placed in a publication concerning the athletics participation or evaluations of PSAs. Bylaw 13.4.2.1 In September of 2017, the DIII Interpretations and Legislation Committee took a look at the recruiting advertisements legislation. Based on the reading of the legislation at that time, it was difficult to discern which promotions would trigger the recruiting advertisements legislation. After a review of the legislative history, it was determined that the analysis of if an advertisement or promotion triggered the recruiting advertisement legislation, was really hinged upon where the advertisement itself was placed. Specifically, an athletics based advertisement cannot be placed at a PSA’s athletics event or in a publication related to the athletics participation of or evaluation of PSAs.

Events Involving PSAs "Events" is a very general word in this context. But it captures a multitude of activities that fall under this section of the manual. When we refer to events we are talking about some type of athletic competition camp, …… involving PSA and institutional coaches. Questions regarding Events involving prospective student-athletes generally take some variation of the following three questions: Can my coach work this event; Can my coach conduct – "fill in the blank" event Can this event occur on my campus (if coaches aren't involved) Legislation has recently changed and will start with a review of this recent change.

Proposal No. 2017-7 Deregulating. Simplicity and consistency. Recruiting. Revenue generation. Maintain following prohibitions. Private tryout (open to all). Financed tryout (no free or reduced admissions). Staff working a camp conducted/sponsored by a recruiting service. Recent change –membership passed membership sponsored Proposal 2017-7. – Largely deregulation - 3 primary reasons for sponsoring the proposal: 1. simplicity and consistency- the previous rule was complex. Not uncommon for two different people to come to different determinations as to whether it was permissible for coaches to work a particular event. This proposal was Intended to reduce those inconsistencies. Additionally, a slight tweak to a camp agenda to change the analysis . That didn't seem to be the best place. - 2. Recruiting – Many of these events are about recruiting yet coaches were not allowed to recruit. This acknowledged both making things easier for coaches but also place athletics takes in enrollment management. 3. Revenue Generation- By deregulating this area, it made it easier for coaches and institutions to conduct events involving PSAs that made the most sense for the institution. B. Mostly deregulation there remains some prohibitions – as identified on the slide. Will review in greater detail.

Permissible Combines. Camps – no specific agenda requirements. Invite only competition team events How did the Proposal deregulate 1. Allows combines/tryout events – before if doing any type of testing it must be directly related to instruction at the camp. – In many instances this became a farce. 2. Since testing doesn't have to be directly tied to instruction then the activities at a camp don't have to be defined. - This was relevant under the previous legislation. 3. Old rule allowed invite only competition team events and that remains.

Impermissible Private tryout (open to all). Financed tryout (no free or reduced admissions). Staff working a camp conducted/sponsored by a recruiting service. We are now going to walk through the prohibitions in greater detail

Private Tryout Any non-competition events must be open to all. Can conduct tryout type activities as part of the event. Can't conduct tryout type activities for only a select few that are part of the event. Part of intent of proposal was to continue prohibition against traditional tryout. There was a proposal a few years earlier to allow a traditional tryout but the membership voted it down. Legislation maintains the prohibition on traditional tryouts but also with respect to events it maintains that as well. It has to be open to all. And can conduct tryout activities as part of the event but it has to be part of the event and not for a select few.

Financed Tryout Cannot offer free or reduced admissions. Fees must be uniform. Can offer discounts based on objective criteria. Financed tryout – were concerns about costs associated with traditional tryouts; part of the deregulation was to provide more economic opportunities to conduct own events not pressure institutions to finance tryouts. Fees must be uniform Can't effectively finance a tryout by offering reduced admission to an event/combine, etc… Can only offer discounts if based on objective criteria unrelated to athletics. (e.g. early registration, register for multiple sessions)

Recruiting Service An event conducted by a recruiting service can occur on campus. Staff members may not work. Generally, institutions may rent facilities for events that do not adhere to Bylaw 13.11 provided no institutional athletics personnel are involved and the institution does not promote the event.    Recruiting service – falls in both permissible and impermissible category- both the same under the old rule Permissible to occur on campus Impermissible for coach to work- or institutional staff to be involved in any way. Can't promote the event.

RSRO Question No. 1 Can the Women's Soccer team offer free admission to incoming, deposited female freshmen for the purpose of a tryout during a Player ID camp composed of prospects?

RSRO Question No. 1 - Answer Not permissible. 1. This arrangement would be impermissible. 2. Per 13.11.3.2 institutional camps and clinics may not offer free or reduced admission to a prospective student-athlete. (they are still considered PSAs) 3. The PSAs can attend provided the camp is advertised to include that age group and they pay the camp fee. 4. The camp has to be open to all PSAs.

RSRO Question No. 2 At a camp can our coach have a session with a college panel including players to ask questions about the college athletic experience and the recruiting process?

RSRO Question No. 2 - Answer Permissible. it would be permissible for the coach to host a panel with currently enrolled student-athletes to discuss their college experience and the recruiting process. Recruiting is permitted at camps Provided the camp is on campus then the SA can engage in the recruiting process. (SA may engage in on campus recruiting)

RSRO Question No. 3 Is it permissible for Division III institutions to have PSA participate in an institution's camp or clinic in conjunction with an official visit?

RSRO Question No. 3 - Answer Not permissible, but . . . it would not be permissible for a PSA to participate in an institutional camp/clinic during the official visit itself. To permissibly provide an official visit before or after an institutional camp/clinic, the institution has the following two options: a. Provide an official visit before the camp/clinic officially begins: The institution is permitted to provide the PSA an official visit and transportation from the PSA's home to campus per Bylaw 13.6. There should be a clear line that the official visit has ended before the PSA reports to the camp. The PSA must pay the same camps fees charged to all camp attendees, transportation from the camp back to the PSA's home and any additional expenses that may occur after the official visit. b. Provide an official visit after the camp/clinic officially concludes: The PSA must pay the same camp fees charged to all camp attendees and is responsible for all camp and transportation expenses up until the conclusion of the camp/start of official visit. There should be a clear line that the camp has officially ended before the PSA begins the official visit. The institution is then permitted to provide the PSA with an official visit and transportation from campus back to the PSA's home per Bylaw 13.6.

RSRO Question No. 4 Our Cross Country coach would like to price his running camp at $400/ camper, unless there were enough campers from a single school to make up an entire team. Can he give those campers from that school a discount while keeping the price the same for the remaining campers? ​(For example - 4 girls from HS-A would have to pay $400 each but if there were 5 girls from HS-B, they would get a reduced price of $300​.)

RSRO Question No. 4 - Answer Permissible. 1. Yes, it would be permissible for your coach to offer a discount based on the number of participants attending the camp from a specific group (e.g. high school). Per an August 27, 2009 staff interpretation, an institution may offer discounted admissions to its camps and clinics based on objective criteria unrelated to athletics abilities (e.g., registration prior to a specific date, online registration, attendance at multiple sessions), provided such discounts are published and available on an equal basis to all who qualify. As such, provided the discount is available to all groups that meet the criteria, the legislation would not preclude the institution from offering the group discount.

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