1. NCAA Division I Legislative Relief Waivers - Advanced Dialogue
DJ Brown
Brandy Hataway
Jerry Vaughn

2. Agenda AMA structure. Background. NCAA Bylaws 11/13/17.
Employment of individual associated with a prospect (IAWP).
Bylaws 12/15/16.
Promotional activities involving a commercial product.
Financial aid - replacing counters.

3. AMA Structure

4. AMA Structure 11/13/17 Bylaw Team. 12/15/16 Bylaw Team. 4-4 Transfers.
Lead: Abbie Markey.
Oversight: D.J. Brown.
Director oversight: Charnele Kemper & Kris Richardson.
12/15/16 Bylaw Team.
Lead: Jerry Vaughn.
Oversight: Jobrina Marques.
Director oversight: Brandy Hataway & Kris Richardson.
4-4 Transfers.
Lead: Eric Mayes.
Oversight: Jerry Vaughn.
Director oversight: Brandy Hataway & Kris Richardson.

5. Background

6. Background
Established to provide flexibility with regard to NCAA legislation.
No other specified staff or committee.
Proactive waivers, requesting relief before a circumstance/event occurs.
Cannot waive violations.
Approximately 1,400 legislative relief waivers filed in 2015 (Divisions I, II and III combined).
1465 in 2015

7. What Is Not A Legislative Relief Waiver?
Full-time enrollment.
Hardship waivers.
Season-of-competition waivers.
Initial-eligibility waivers.
2-4 and transfer waivers.
Progress-toward-degree waivers.
Extension of five-year clock.*

8. Employment Of An Individual Associated With A Prospect

9. IAWP Definition Any person who:
Maintains (or directs others to maintain) contact with the PSA, the PSA's relatives or legal guardians; or
Coaches at any point during the PSA's participation in football;
and
Whose contact is directly or indirectly related to either the PSA's athletics skills and abilities or the PSA’s recruitment by or enrollment in an NCAA institution.
This definition includes, but is not limited to, parents, legal guardians, handlers, personal trainers and coaches.
Bylaw  (Individual associated with a prospective student-athlete - football)

10. Employment Of An IAWP
For a two-year period before and a two-year period after a prospect's anticipated enrollment, an institution shall not employ an IAWP as a noncoaching or strength and conditioning staff member.
A violation occurs:
At the time of employment if an associated prospect enrolled in the previous two years; or
At the time an associated prospect enrolls if the IAWP is already employed.
Student-athlete is ineligible if violation occurs.
Bylaws and – IAWP – Football.

11. IAWP - Waiver Information Standard Men’s Basketball
Statement from institution's coaching staff detailing the IAWP's involvement in the PSA's recruitment at the institution.
Statement explaining how the individual triggered the definition of an IAWP.
Statement detailing the nature of the contact throughout the relationship between the IAWP and the PSA.
Statement explaining the contact between the IAWP and the PSA regarding the IAWP's possible employment:
Was the IAWP aware of the institution's recruitment of the PSA?
Was the PSA aware of the IAWP's interest in a position at the institution?
If the involved PSA is transferring from an NCAA four-year institution, a statement from administration at the previous institution indicating its support for the transfer; and

12. IAWP - Waiver Information Standard (cont.) Men’s Basketball
Detailed chronology of events.
Date the institution posted job description for the noncoaching staff or strength and conditioning coach position;
Documentation the institution followed its normal process for posting open positions;
Number of applicants who applied for the position;
Date of the individual associated with a PSA's interview;
Date of the institution's offer of employment or intent to hire the individual associated with a PSA;
Date the institution began recruiting the PSA; and
Date the PSA committed to the institution.
Staff will review and consider the intent of the legislation and determine whether the facts presented provided the institution with a recruiting advantage.

13. Case Study No. 1
Blue University has an opening for the director of high school relations position.
Coach Black, was the head football coach at Chartreuse High School from 2015 to 2017.
Coach Black coached Forest Green current SA at Chartreuse High School for one year.
Forest enrolled at Blue University in fall 2016 and recently completed his freshman year at Blue University.

14. Living In The Gray - Football IAWP
Coach Black triggered IAWP status with Forest. Blue University files a legislative relief waiver prior to hiring Coach Black.
Mitigation from Blue University:
Coach Black was not involved in the recruiting process as Chartreuse High School has another coach that oversees the recruiting process.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

15. Living In The Gray - Football IAWP
Mitigation from Blue University:
Coach Black was not involved in the recruiting process as Chartreuse High School has another coach that oversees the recruiting process.
Coach Black previously served as a noncoaching staff member at Blue University.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

16. Living In The Gray - Football IAWP
Mitigation from Blue University:
Coach Black was not involved in the recruiting process as Chartreuse High School has another coach that oversees the recruiting process.
Coach Black previously served as a noncoaching staff member at Blue University.
Coach Black and Forest have communicated two times (one phone call and one text message) since Forest enrolled at Blue University.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

17. Case Study No. 2
Coral College has an opening for the defensive analyst.
Coach Brown was the assistant coach (linebackers) at Olive University from to 2017.
Coach Teal was the head football coach at Olive University since 2010.
In 2017, Coach Teal was recently hired as the head football coach at Coral College.
Coach Teal plans to hire his entire staff at Olive University in coaching and noncoaching positions.
Steel Blue was a wide receiver at Olive University.
In summer 2017, Steel transfers to Coral College as a graduate transfer.
Coach Brown is offered the defensive analyst position at Coral College.

18. Living In The Gray - Football IAWP
Coach Brown triggered IAWP status with Steel. Coral College files a legislative relief waiver prior to hiring Coach Brown.
Mitigation from Coral College:
Coach Brown was not the recruiter or primary coach for Steel.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

19. Living In The Gray - Football IAWP
Coach Brown triggered IAWP status with Steel. Coral College files a legislative relief waiver prior to hiring Coach Brown.
Mitigation from Coral College:
Coach Brown was not the recruiter or primary coach for Steel.
Coach Brown did not maintain contact with Steel while both were at Olive University.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

20. Living In The Gray - Football IAWP
Coach Brown triggered IAWP status with Steel. Coral College files a legislative relief waiver prior to hiring Coach Brown.
Mitigation from Coral College:
Coach Brown was not the recruiter or primary coach for Steel.
Coach Brown did not maintain contact with Steel while both were at Olive University.
Steel transferred to Coral College prior to Coach Brown being offered the defensive analyst position.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

21. Case Study No. 3
Ivory College has an opening for the assistant strength and conditioning coach.
Coach Green was the head football coach at Sienna High School from 2004 to
Coach Green coached Slate Gray a signed PSA at Sienna High School for four years.
Slate will enroll at Ivory College in fall 2017.
Ivory College has offered the assistant strength and conditioning coach position to Coach Green.

22. Living In The Gray - Football IAWP
Coach Green triggered IAWP status with Slate. Ivory College files a legislative relief waiver prior to hiring Coach Green.
Mitigation from Ivory College:
Slate’s parents are not in the picture and Slate lives with Coach Green’s family.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

23. Living In The Gray - Football IAWP
Coach Green triggered IAWP status with Slate. Ivory College files a legislative relief waiver prior to hiring Coach Green.
Mitigation from Ivory College:
Slate’s parents are not in the picture and Slate lives with Coach Green’s family.
Coach Green has known the head coach at Ivory College since they both played football at and attended Sienna High School.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

24. Living In The Gray - Football IAWP
Coach Green triggered IAWP status with Slate. Ivory College files a legislative relief waiver prior to hiring Coach Green.
Mitigation from Ivory College:
Slate’s parents are not in the picture and Slate lives with Coach Green’s family.
Coach Green has known the head coach at Ivory College since they both played football at and attended Sienna High School.
Coach Green wants to grow his career and was offered a raise of $35,000 above his salary at Sienna High School.
VOTE:
Red (deny);
Gray (unsure); or
Green (approve).

25. Promotional Activities Involving A Commercial Product

26. Promotional Activities Involving A Commercial Product
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.
Bylaw

27. Promotional Activities Involving A Commercial Product
Waiver analysis:
Is the activity athletically - or nonathletically related?
Is compensation commensurate?
Typical conditions:
No institutional involvement with promotional activities.
No references to SA's involvement in intercollegiate athletics.
SA's remuneration must be at a rate commensurate.
SA's vocations may not be athletically related.
No institutional involvement with promotional activities.
Unless same benefit is generally available.
No references to SAs' involvement in intercollegiate athletics.
SAs' remuneration must be at a rate commensurate.
Cannot be based in any way upon SAs' athletics ability or reputation.
SAs' vocations may not be athletically related.

28. Promotional Activities Involving A Commercial Product
Bylaws and : Nonathletically Related Promotional Activities.
Student-athlete would like to use his/her name, image of likeness to promote his/her business. 
Student-athlete became involved in the business for reasons unrelated to athletics and the vocation is not athletically related.
Institution will not have any involvement with promotional activities related to the business, unless it is part of a class project or program and that benefit is extended to all participating students in the class/program.
No reference shall be made to the student-athlete involvement in intercollegiate athletics.

29. Promotional Activities Involving A Commercial Product
Bylaws and : Nonathletically Related Promotional Activities. (cont)
Student-athlete's remuneration must be at a rate commensurate with his/her skills and experience related to the vocation and not be based in any way upon his/her athletics ability or reputation.
Direct sales/marketing, independent contractor or family businesses does not meet the previously approved waiver criteria.
If a student-athlete is a product distributor for a commercial entity, the certifying institution must submit a legislative relief waiver in RSRO.
If a student-athlete is an independent contractor selling commercial products, the certifying institution must submit a legislative relief waiver in RSRO.

30. Living In The Gray - Promotional Activities Involving A Commercial Product
Athletically related vs. nonathletically related.
Lavender starts a company that designs and creates golf clubs.
VOTE: Red, Gray or Green.
Rusty creates a swim wear line and establishes an LLC to begin online sales.
Sage creates a website to sell her photographs.

31. Living In The Gray - Promotional Activities Involving A Commercial Product
Athletically related vs. nonathletically related.
Clear examples:
Golf clubs - athletically related.
Photographs - nonathletically related.
Living in the gray.
Fact specific.
Consider case precedent.
Use the AMA staff as a resource.

32. Living In The Gray - Promotional Activities Involving A Commercial Product
Athletically related vs. nonathletically related.
Living in the gray. Examples:
Fitness apparel.
"Athleisure" wear.
Lacrosse SA creates swim line.
Facts in the gray submit to AMA.

33. Mine Or Theirs - Promotional Activities Involving A Commercial Product
SA's own product vs. independent contractor or product distributor.
Ivory began selling ‘LulaRoe’ products the summer before enrolling at Wenge State University. Ivory would like to use her personal social media accounts to sell the products.
VOTE: Red, Gray or Green.
Saffron has a food blog, “Cooking with Saffron”. Companies sends Saffron products to cook with and she blog about the dishes she created. Saffron would like to thank the companies for their contribution and let her followers know how to purchase the products.
Case No
Case No

34. On the Horizon - Promotional Activities Involving A Commercial Product
Family business.
SA's involvement prior to initial full-time enrollment.
Bylaw Continuation Of Modeling And Other Nonathletically Related Promotional Activities After Enrollment.
Nature of the business.
How is the SA's name or image being used.
Not included in NCAA Division I Committee for Legislative Relief’s "previously approved waiver list."

35. On the Horizon - Promotional Activities Involving A Commercial Product
Family business.
Nature of the business.
Landscaping.
Apparel.
How is the SA's name or image being used.
Listed in "About Us."
Explicit "promotional activities."
Athletics status.

36. Financial Aid - Replacing Counters

37. Replacing Counters - Voluntary Withdrawal
An institution may replace a counter who voluntarily withdraws from the team in a head count sport by providing the financial aid to another student who is a current member of the team.
For this replacement to occur, the counter must withdraw prior to the first day of classes or before the first game of the season, whichever is earlier, and release the institution from its obligation to provide financial aid.
The institution may not award the financial aid to another SA in the academic term in which the aid was reduced or canceled.
NCAA Division I Bylaw

38. Replacing Counters - Voluntary Withdrawal - Waiver Analysis
Zaffre attended Cobalt State during the fall term; she practiced and received aid.
Zaffre withdrew from the institution on August 17, five days after the start of the 2016 fall term but prior to the first contest.
Cobalt would like to reaward the aid to Cerise, a second year walk-on.
VOTE: Red, Gray or Green.
Cobalt would like to reaward the aid to Sepia, a preferred walk-on for the 2016 fall term.
Case No
Request to re-award a SA's financial aid due to voluntary withdrawals after the start of the academic year.
Submitted after the first day of class;
After the SA participates in minimal countable athletically related activities (e.g., less than one week).
Staff typically conditionally approves these waivers to allow the institution to re-award the athletics to current members of the team but not incoming SAs.

39. Replacing Counters - Minimal Countable Athletically Related Activities
An institution may exempt a SA from its maximum financial aid award limitations if the SA suffers an incapacitating injury or illness, that results in the SA's inability to compete ever again, prior to participation in athletically related activities during the current academic year.
If the incapacitating injury or illness occurs on or after the SA's participation in countable athletically related activities (CARA) in the sport, the SA must be counted in the institution's maximum financial aid limitations for the current academic year but not in later academic years.
NCAA Division I Bylaw

40. Replacing Counters - Minimal Countable Athletically Related Activities
Jett, a football student-athlete at Falu College, was medically disqualified two days into the 2016 fall term.
Jett participated during the 2016 preseason, summer access period and received aid to attend summer school.
Since Jett is a medical DQ, Falu College would like to re-award his aid to Nattier, a fifth-year walk-on.
VOTE: Red, Gray or Green.
Case No
To exempt a SA's financial aid from the maximum limitations due to the SA suffering an incapacitating injury or illness after participating in minimal CARA during the current academic year.
Staff typically conditionally approves these waivers to allow the institution to exempt the medically disqualified SA from the applicable team limits and to permit the institution to re-award the athletics aid to a current member of the team but not to an incoming SA.

41. QUESTIONS?

42. We Want Your Feedback Your input is important.
Rate this session using the survey on the Regional Rules Seminar app.

43. Resources

44. Resources Case precedent. LSDBi - Up to March 2011.
RSRO - After March 2011.
Blanket waivers.
Legislative relief waivers web page on ncaa.org.
RSRO resources tab.
Contact a legislative relief staff member at 317/

45. Case Precedent How much precedent do you need for an approval? LSDBi.
Holds precedent up to March 2011.
Blanket waiver announcements.
Published interpretations.
RSRO.
Holds precedent after March 2011.
One-stop case management system.
How much precedent do you need for an approval?
How much precedent do you need?

46. Phone waivers. Urgent, unforeseen circumstances.
inclement weather; or
severe injury or illness;
Death;
catastrophic events.
complex issues.
blanket waivers; or
delayed enrollment;
Transfers;
Now: Call 317/
Later: Submit in RSRO.
Visual aid for phone waivers

47. Best Practices
See legislative relief waivers website to view tips for searching precedent.
File waiver at the time it is discovered that a waiver is necessary.

48. Other Waiver Resources
Blanket waivers.
Incidental expense waivers.
Previously approved waivers.
Incidental Expense Waivers: January 5, 2015, Educational Column