1. Amateurism and Athletics Eligibility
Kelly Brummett
Steve Clar

2. Agenda/Learning Objectives
Introduce.
NCAA Bylaw 12.1.
Bylaw 12.2.
Bylaw 12.3.
Bylaws 12.4 and 12.5.
Bylaw 12.8.

4. Where to Start…
Two factors to determine which bylaw applies: source of benefit and recipient.
Source + Recipient = Bylaw.

5. AMATEUR STATUS

6. Amateur Status Individual loses amateur status if:
Uses athletics skill for pay in that sport;
Accepts promise of pay;
Signs a contract to play professional athletics;
Receives, directly or indirectly, a salary, reimbursement of expenses or other financial assistance from a professional sports organization;

7. Amateur Status (cont.) Individual loses amateur status if:
Competes on a professional team;
After full-time enrollment, enters a professional draft (see exceptions); or
Enters into an agreement with an agent.
Bylaw

8. Competition Related Expenses
Team sports:
Individual may receive actual and necessary expenses for competition and practice in preparation for competition from an outside sponsor, OTHER THAN
An agent;
A booster; and
After full-time enrollment, a professional sports organization.
Bylaw
What is practice in preparation for competition (immediately preceding)?

9. Competition Related Expenses
Individual sports:
Individual may receive actual and necessary expenses for an athletics event and practice immediately preceding the event from an outside sponsor, OTHER THAN
An agent;
A booster; and
After full-time enrollment, a professional sports organization.
Bylaw

10. Case Study Manny is an elite fencer.
He was invited to participate in the World Fencing Championships in Rio.
To help pay for expenses, Manny created a GoFundMe account.
He will use the funds raised to cover travel, meals, lodging and coaching for himself and his coach.

11. Case Study
Does it matter if Manny is a prospective student-athlete or a student-athlete?
No.
Who may donate to Manny’s account?
Anyone other than agent or booster, or if Manny is an student-athlete, a professional sports organization.

12. Case Study Are the expenses permissible?
Yes, actual and necessary expenses include:
Meals;
Lodging;
Apparel, equipment and supplies;
Coaching and instruction;
Health/medical insurance;
Transportation;
Medical treatment and physical therapy;
Facility usage;
Entry fees; and
Other reasonable expenses.
Bylaw

13. Case Study
May Manny use monies raised to pay for his parents’ travel, meals and lodging?
His coach’s travel, meals and lodging?
No. Actual and necessary expenses shall not include expenses for anyone other than the individual who participates in the specific event.
Bylaw
If PSA is under 18, may also include expenses for parents.

14. Training Expenses
Individual may receive actual and necessary expenses to cover:
Development training;
Coaching;
Facility usage;
Equipment;
Apparel;

15. Training Expenses (cont.)
Supplies;
Health insurance;
Travel; and
Room and board,
provided such expenses are approved and provided by the USOC, appropriate NGB or governmental entity.
Bylaw

16. Case Study Gloria is a track and field student-athlete from Colombia.
Based on her performance in a qualifying event, the Colombian Olympic Committee would like to provide her $10,000 to use toward training and coaching for the 2016 Olympics.

17. Case Study May Gloria accept the $10,000?
Depends. Gloria may accept a grant based on her performance in a specific event but is not permitted to accept prize money.
What are Gloria’s actual and necessary expenses?
Bylaw

18. Bylaw 12 Trivia: How many Super Bowl winning quarterbacks have worn #12?
Answer: 7 (Bradshaw, Brady, Griese, Namath, Rodgers, Stabler, Staubach)

19. INVOLVEMENT WITH PROFESSIONAL TEAMS

20. Tryout With Professional Teams
After full-time enrollment, individual may tryout with a professional team at any time, provided individual does not miss class.
May receive actual and necessary expenses with one 48-hour tryout.
Self-financed tryout may last for any length of time, provided individual does not miss class.

21. NCAA Proposal No
In men’s basketball, allows student-athlete to enter draft each year.
May miss class to participate in professional organization’s draft combine.
Student-athlete who has been invited to participate in the draft combine may participate in CARA for up to four hours per day and 20 hours per week.

22. USE OF AGENTS

23. Agents
Individual shall be ineligible if he or she agrees (orally or in writing) to be represented by agent for the purpose of marketing his or her athletics ability or reputation in that sport.
Prohibition also applies to future representation.
Bylaws and

24. Agents (cont.)
Individual is ineligible if he or she (or his or her relatives or friends) accepts benefits from:
Anyone who represents the individual in the marketing of his or her athletics ability; or
An agent, even if the agent has indicated no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation.
Bylaw

25. Proposal No. 2015-18 In baseball,
Prior to full-time collegiate enrollment, an individual who is drafted by a professional baseball team may be represented by an agent or attorney during contract negotiations;
The individual may not receive benefits (other than representation) from the agent or attorney and must pay the going rate for the representation; and
If the individual does not sign a contract with the professional team, the agreement for representation with the agent or attorney must be terminated prior to full-time collegiate enrollment.

26. Bylaw 12 Trivia: Name these12-time gold glove winning outfielders?

27. EMPLOYMENT

28. Student-Athlete Employment
Student-athlete employment compensation:
Must be for work actually performed.
At the going rate in that locale for similar services.
Pay cannot provide value to an employer based on the student-athlete’s notoriety.
Bylaws and

29. Student-Athlete Employment (cont.)
Athletically related employment activities.
Fee for lesson instruction.
Athletics equipment sales.
Camp/clinic employment.
National team practice and competition.
Bylaws and

30. Student-Athlete Employment (cont.)
Student-athlete self-employment.
Student-athlete may establish his own business.
Cannot use name, photo, appearance or athletics reputation to promote the business.
Bylaws and 12.5

31. PROMOTIONAL ACTIVITIES

32. Permissible Promotional Activities
It is permissible to use a student-athlete's name, picture or appearance to support:
Charitable or educational activities; or
Activities considered incidental to the student-athlete's participation in intercollegiate athletics.
Bylaw

33. Permissible Promotional Activities (cont.)
Permissible entities.
Member institution or conference.
Recognized institutional entity.
Noninstitutional charity, educational entity or nonprofit agency.
Bylaw

34. Permissible Promotional Activities (cont.)
Requirements.
Permissible co-sponsorship is officially registered trademark or logo.
No reproduction of product if commercial entity's trademark/logo is in the promotion.
Student-athlete may accept actual and necessary expenses.
Bylaw
August 5, 1988, staff interp: each commercial company or service would be restricted to one regular trademark or logo on an item that bears the student-athlete's name or picture
NCAA Division I Proposal No
Alternative to Bylaw
Allows more flexibility for co-sponsorship.
Not restricted to (one) regular trademark or logo.
Commercial product or logo limited to 25 percent of total activity.
May not directly encourage the use of the commercial product.
(e.g., drink this product).
Must explain the "commercial entity" affiliation.
(e.g., official sponsor of the institution or event).

35. Permissible Promotional Activities (cont.)
Proposal No
Eliminates the following requirements for participation in promotional activities:
Written approval from the athletics director.
Signed release prior to the student-athlete's participation. 

36. Permissible Promotional Activities (cont.)
If an individual participated in non-athletically related promotional activities prior to enrollment, she may continue to do so after enrollment if: 
Involvement is independent of athletics;
No reference is made to the individual's name or involvement in intercollegiate athletics;
Bylaw

37. Impermissible Commercial Advertisements and Promotions
An NCAA student-athlete may not:
Accept remuneration for, or permit the use of his or her name or picture, to promote a commercial product or service; or
Receive remuneration for endorsing a commercial product or service.
Bylaw
March 17, 2004, staff interpretation a student-athlete's eligibility is affected by participating in promotional activities as noted in Bylaw only after becoming a student-athlete at a member institution (as opposed to any collegiate institution).

38. Impermissible Commercial Advertisements and Promotions (cont.)
If a student-athlete's name or picture is used to promote a commercial product without the student-athlete's knowledge or permission.
The student-athlete is required to take steps to stop such an activity.
“Cease and desist” letter. 
Bylaw
Such steps are not required in cases in which a SA's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.

39. Impermissible Commercial Advertisements and Promotions (cont.)
April 20, 2015, official interpretation.
A student-athlete may provide an opinion about a commercial product or service.
No one associated with the product or service may direct the student-athlete.
The student-athlete may not receive any benefits for the opinion.

40. Promotional Activities – Case Study
Student-athlete began recording music in high school and self-promoted the sale of his music.
He focused on academics and athletics during his freshman year in college.
During his second year of enrollment, he returned to record music and play at local establishments.

41. Promotional Activities – Case Study (cont.)
Questions:
Is it permissible for the student-athlete to promote his music?
Can student-athlete promote his athletics and music career on social media?
Can student-athlete wear institutionally identified apparel to concerts?

42. Bylaw 12 – Trivia: What golf hole is pictured?
Hole #12 – Augusta National Golf Club

43. DELAYED ENROLLMENT

44. Sports other than men’s ice hockey, skiing and tennis: one-year grace period.
Tennis: six-month grace period.
Matriculation after 20th birthday.
Men’s ice hockey and skiing: 21st birthday.

45. Sports Other Than Men’s Ice Hockey, Skiing and Tennis (cont.)
One-year grace period.
From date of high school graduation (as determined by the NCAA Eligibility Center) until
The first opportunity to enroll.
Subject to season(s) of competition, and
Must serve an academic year of residence.

46. Sports Other Than Men’s Ice Hockey, Skiing and Tennis (cont.)
Date of high school graduation
as determined by
the NCAA
Eligibility Center
First opportunity
to enroll following
12-calendar months
One-Year Grace Period

47. Case Study June 2015: Luke graduated from high school.
After graduation, he competed in the following wrestling events:
October 2-3, 2015.
November 11-12, 2015.
February 16-17, 2015.

48. Case Study (cont.) KBU began recruiting Luke in December 2015.
Luke plans to enroll at KBU the 2016 fall term, which begins August 22.

49. Case Study (cont.)
May Luke participate in competitions June 29-30, 2016, and August 19-20, 2016?
Yes. Luke’s grace period is one-calendar year from his date of high school graduation until the first opportunity to enroll.
His first opportunity to enroll is August 22; therefore, competitions until that date are within his grace period.

50. Tennis Six-month grace period.
From date of high school graduation (as determined by the NCAA Eligibility Center) until
The first opportunity to enroll.
Subject to season(s) of competition; and
Must serve an academic year of residence.

51. Tennis (cont.) Six-Month Grace Period Date of high school graduation
as determined by
the NCAA
Eligibility Center
First opportunity
to enroll following
12-calendar months
Six-Month Grace Period

52. Case Study June 2013: Haley graduated high school.
academic year: She participated in 13 dates of competition.
academic year: She participated in 10 dates of competition.

53. Case Study (cont.)
academic year: Haley enrolled at a Division II institution. She did not compete.
academic year: Haley plans to enroll at KBU.

54. Case Study (cont.)
How many seasons of competition does Haley have at KBU?
Due to her participation after her six-month grace period, Haley has used two seasons of competition.
Because she did not compete at the Division II institution, she did not use a season of competition.

55. Case Study (cont.)
Must Haley serve an academic year of residence at KBU?
Depends.
It is likely Haley was also subject to Division II legislation, and would have been required to serve an academic year of residence at Division II.

56. Case Study (cont.)
A student-athlete who has fulfilled an academic year of residence at an NCAA member institution (i.e., Division I, II or III) as a condition due to participation in organized competition prior to initial full-time collegiate enrollment is not subject to an additional academic year of residence after transferring to a Division I institution.
March 26, 2015, staff interpretation
What if SA attends a non-NCAA school?

57. Case Study (cont.)
Fulfilling an academic year of residence for other reasons at the previous institution (e.g., academic nonqualifier), or otherwise not competing in intercollegiate athletics, does not permit the student-athlete to avoid the application of the organized competition residence condition even if the student-athlete satisfies applicable transfer requirements.
March 26, 2015, staff interpretation
What if SA attends a non-NCAA school?

58. Matriculation After 20th Birthday - Tennis
After 20th birthday and
Prior to enrollment at certifying institution.
Subject to season(s) of competition and
Must serve an academic year of residence.
Exception: transfer 24-semester hours. +

59. Matriculation After 20th Birthday – Tennis (cont.)
Enrollment at certifying
Institution.

60. Case Study June 2014: Mitch graduated high school.
academic year: Mitch enrolled at Clar College. He competed.
academic year: Mitch competed at Clar College.
February 2016: He turned 20 years old.

61. Case Study (cont.) May 2016: Mitch graduated from Clar College.
academic year: Mitch plans to enroll at KBU as a graduate student to study ornithology.

62. Case Study (cont.) What is Mitch’s eligibility when he enrolls at KBU?
He has used two seasons of competition at Clar College.
Due to his participation after his 20th birthday, he has used one season of competition.
Because Mitch graduated, he does not have to serve the academic year of residence.

63. 21st Birthday – Men’s Ice Hockey and Skiing
After 21st birthday until
Initial full-time collegiate enrollment.
Subject to season(s) of competition.

64. 21st Birthday – Men’s Ice Hockey and Skiing
Full-time enrollment
at a
collegiate
Institution.

65. Case Study

66. QUESTIONS?

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