1. Out-of-Season Activities
Bylaw 17
New Legislation and
Out-of-Season Activities
Jeff Myers

2. Special Thanks To NCAA Division III Advisory Group Members
Kate Corcoran – Cabrini University.
Jessica Hollen – George Fox University.
Patrick Summers – New England Women’s and Men’s Athletic Conference.

3. Agenda New Legislation. Standardization of contest/DOC exemptions.
Day off requirement for track and field; swimming and diving.
2. Out-of-Season Activities.
Strength and conditioning.
Fundraising involving athletics ability.
Leadership programming and team building.

4. Standardization of Contest/DOC Exemptions
NCAA Division III Proposal No
NCAA Division III Management Council Playing and Practice Seasons Subcommittee.
Membership feedback.
Proposal No
Legislation passed at the 2017 Convention resulted in the standardization of contest exemptions across sports.
Before delving into great detail, want to first briefly discuss how the proposal got before the membership for a vote.
At the 2015 Convention, three conferences sponsored a proposal that would have cut contests by 10% across the board- with the exception of football and cross country. Presidents Council also signed on as a sponsor.
That proposal never received a vote, but rather it was moved to send it to committee for further review of Bylaw 17 in general. The lens in which to conduct this review was budget and student-athlete well being.
The Playing and Practice Season Subcommittee is a subcommittee of Management Council. They were charged with leading this review.
They sought membership feedback through survey and discussion at the 2016 Convention Issues forum.
Came up with various options- reduction of contests, focused on baseball-softball split season model.
Only option that had membership support was the standardization of contest exemptions- primarily for reduce burden/fairness.
Proposal passed overwhelmingly with 428-For; 35-Against and 0-Abstain.

5. Standardization of Contest/DOC Exemptions (CONT'D)
Exemptions = Refer to contests/DOC that do not count against the maximum contest/DOC limits. Exceptions = Refer to contests/DOC that can occur prior to the first permissible contest/DOC date.
The first thing we must understand is the difference between exemptions and exceptions.
When we refer to a contest exemption we are talking about a contest that does not count against the maximum contest limits.
When we refer to an exception in this context, we are referring to an exception to the first permissible contest date.
This proposal gets a little tricky because it deals with exemptions but it also impacts exceptions.

6. Standardization of Contest/DOC Exemptions (CONT'D)
Exemptions for all sports:
Conference championship.
Season-ending tournament.
Two discretionary exemptions (scrimmages, exhibitions and joint practices).
The proposal standardized the exemptions in this manner. For all sports…
First, it cleaned the slate by eliminating all standard and sport specific exemptions.
Second, it added back the conference championship exemption. A different way of saying it – the conference championship exemption remained. That applies the same.
Third, it added back the season ending tournament exemption. Again this is the same as before but it hasn't changed.
Finally, it added two discretionary exemptions. These have to be a scrimmage, exhibition or joint practice. Or other words, competition not used for championships consideration.
Before there were several sport specific exemptions and additional standard exemptions. However this list made it the same across sports and the two discretionary would have to used in place of current sport specific or standard exemptions that were eliminated.
Important note- This proposal only addressed annual exemptions and not the 1-3 yr. foreign tour and 1-4 yr. contest Hawaii, Alaska and Puerto Rico that apply once in several years.

7. Standardization of Contest/DOC Exemptions (CONT'D)
Alumni game.
May conduct as one of the discretionary exemptions.
Traditional or nontraditional segment.
The most asked question regarding this proposal was- what about the alumni game
If institutions wanted to conduct an alumni contest and not count it toward its maximums, then it would count as one of the discretionary exemptions.
Institutions may only use the exemptions during the traditional segment. This is not true however, for an alumni game. It is the only exemption that may be used during the nontraditional segment.

8. Standardization of Contest/DOC Exemptions (CONT'D)
Exceptions…
Not all sports have a first permissible contest date different than the first permissible start date.
But for those that do…
The two discretionary exemptions may be used prior to the first permissible contest date.
Still have to occur during the defined playing season.
Up front I said it was important to understand the different between exemption and exceptions and now it is time for the exceptions section
Again, in this scenario when we discuss exception we are talking about a contest that can occur prior to the first permissible contest date.
The two discretionary exemptions may be used any time during the playing and practice season. Therefore,
If the sport has a first permissible contest date different than first permissible start date (All fall sports and most winter sports) then these contests may occur in that preseason period.
Therefore, these exemptions also serve as exceptions.
An institution doesn't have to conduct the exempted scrimmages during the preseason but they may.
Worth to note soccer and field hockey here. Under current legislation they are allowed to conduct three scrimmages exhibitions before the first contest. On one date they can conduct unlimited number but only count as one of these scrimmages.
The change: still can conduct three scrimmages before first permissible contest date.
Change: can exempt two of them
Change: can't conduct an unlimited and only count as one
Wrestling- While there is standardization regarding exemptions, Wrestling continues to be different with respect to exceptions. Simply wrestling may not conduct any contests before. Due to health and safety concerns with that particular sport ( )

9. Interpretation: Classification of a Contest
Contest against another Division III institution.
= Classify the same.
Contest against a non-Division III institution.
= May classify differently.
Official Interpretation February 25, 2016
Because this proposal talks about scrimmages, exhibitions and exemptions, it is probably a good time to remind you all of an interpretation from the Interpretations and Legislation Committee back in February 2016.
That interpretation clarified that if two division III institutions are competition against each other, then each has to classify the contest the same. One can't classify as an exhibition while the other considers it a contest for champs consideration. Logical from a stats perspective.
But if competing against a non-division III opponent then can classify differently – not a stats issue.
Classification of a Contest (III)
Division: III  Date Issued: February 11, 2016  Date Published: February 25, 2016  Item Ref: 2-a  Interpretation:
The NCAA Division III Interpretations and Legislation Committee determined that any contest between two or more Division III institutions must be classified (e.g., scrimmage, exhibition, regular-season contest) the same by all participating Division III institutions (as opposed to a contest against a non-Division III opponent which may be classified differently). Further, an institution is not permitted to change the classification of a given contest after that contest has commenced.
[References: NCAA Division III Bylaws (contest), (contest, countable, institutional) and 17._.5.3 (exemptions).]

10. Day Off Requirement Track and Field Swimming and Diving
All athletically related activities are prohibited one day a week during the playing season.
The day must be the same for all team members.
New exception: Track and Field; Swimming and Diving.
Bylaw
Proposal No
There is a second 2017 proposal that involves bylaw 17
Specifically it addresses the day off requirement- more specifically for track and field and swimming and diving SA.
Currently, all SA must be provided a day off during the playing season AND that day off has to be the same for all team members
However proposal which was passed by a large margin, carves out an exception for Track and field and swimming and diving SA.
Rationale, is that the different disciplines require different schedules and different access to equipment and coaches.
Consequently, the day off as a team in these sports only makes sense from an administrative perspective.
Passed this permissive legislation to allow different days but institutions are not required provide different days.

11. Out-of-Season Activities

12. Out-of-Season Activities
An institution is only permitted to conduct athletically related activities during the playing season.
Bylaw
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 (a)
Out of season activities is a popular discussion point and because of that we address it quite frequently as this seminars.
The good thing about that is that I get to recycle some old slides. This is one is no exception.
This is legislative base on these issues. When I refer to these issues, I'm referring to any question regarding what SA can do outside the playing season. These two provisions are the legislative starting point.

13. Out-of-Season Activities Strength and Conditioning
New look.
Same application.
Voluntary workouts conducted by certified strength and conditioning coach.
Voluntary workouts monitored for safety by strength and conditioning coach.
Strength and conditioning facilities.
Bylaws and
We will address a few topics under this area, but will start with strength and conditioning.
While there is not new legislation per se, it looks different. The exceptions to athletically related activities are now subdivided into four categories: 1) Meetings; (2) Fundraising; (3) Observations; and (4) strength and conditioning.
The strength and conditioning section has incorporated a few of the interpretations regarding facilities and individual workouts.
Specifically, S and C addresses, voluntary workouts conducted by certified s and c coach; voluntary workouts monitored for safety by S and C coach; and strength and conditioning facilities

14. RSRO
Question: Can results (weightlifting and/or conditioning) be recorded and/or "tested" during voluntary strength and conditioning activities that are being conducted by certified strength and conditioning coaches during the institution's regular academic year?
A: :: The certified strength and conditioning coach may record and collect testing information during voluntary strength and conditioning activities during the regular academic year. If student-athletes are participating outside of their playing season their involvement must truly be voluntary and be initiated by the student-athletes (see Bylaw ). Additionally, participation or results of the activity cannot be reported back to the sport coaches at any time. Nor can the results be posted/shared through social media.

15. RSRO
Question: Can a noncertified strength and conditioning coach attend voluntary strength workouts to monitor all student-athletes under the supervision of a certified strength coach?
A noncertified strength and conditioning coach may monitor workouts for safety purposes, including activities conducted by the certified strength and conditioning coach. However, the coach may not engage in any activities beyond monitoring for safety purposes. Thus, they are limited to stopping an unsafe or dangerous activity. Also, the coach must monitor for safety purposes for all SAs using the facility at that time. Thus, the facility and workout must be legitimately open to any SA for the exception to apply. If there are any limitations on attendance at the workout or reservation of facilities for that workout then attendance by the non-certified strength and conditioning coach (sport specific) would be considered an impermissible out of season athletically related activity.

16. RSRO
Question: Can we reserve a facility this summer (e.g., basketball court) for our student-athlete to play pickup basketball provided it is not supervised or held at the direction of any member of our coaching staff?
A:  It is not permissible for your institution to reserve a basketball court exclusively for your basketball student-athletes to use during the summer. Per Bylaw (g), on-court activities called by a member of the basketball team outside of the declared playing season and confined primarily to members of the basketball team is considered requisite for participation and would be considered a captain's practice and an athletically related activity occurring outside of the playing and practice season.
Additionally, the adoption of Proposal No made it permissible for student-athletes to access a student-athlete only weight room outside of the declared playing season and allow a certified strength and conditioning coach to reserve an institution's athletic facility during the institution's regular academic year to conduct voluntary workouts for all student-athletes. In this scenario, the basketball court is not an exclusive student-athlete facility and the new legislation was not intended to allow this type of reservation.
In short, members of the basketball team may use a facility/basketball court that is open to any student. If the SAs are conducting practice activities independent of institutional staff, their participation in that activity has to truly be voluntary and not a captain's practice (see Bylaw ).

17. Fundraising Involving the Use Athletics Ability
Permissible if:
Event is open to any and all participants.
Prior approval from institution's chancellor/president or designee.
Bylaw (e)
Voluntary Out-of-Season Institutional Fundraising Events Involving Athletics Ability (III)
Division: III  Date Issued: April 21, 2016  Date Published: April 22, 2016  Item Ref: 2a  Interpretation:
The Division III Interpretations and Legislation Committee confirmed that student-athletes are not permitted to practice or compete under the guise of a fundraising event outside of the playing and practice season. As such, coaching staff members may not assess or provide instruction to student-athletes as part of a permissible fundraising event that occurs outside of the playing season.
Additionally, a student-athlete may not compete as part of a team in the student-athlete's sport if the fundraising event is organized, administered by, 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). Student-athletes are permitted, however, to participate in out-of-season fundraising events: (1) as an individual in an individual sport (e.g. Institutional 5K, golf outing); (2) that are administered outside of athletics and do not benefit the athletics department; or (3) in a sport other than the sport(s) in which the student-athlete participates at the institution.
[References: NCAA Division III Bylaws (athletically related activities); (exceptions) and (intercollegiate competition)]

18. Fundraising Involving the Use of Athletics Ability (CONT'D)
Cannot:
Practice.
Cannot compete as part of a team in student-athlete’s sport if organized by/or benefits athletics.
Can:
Participate as an individual in an individual sport.
Participate if administered outside of athletics.
Participate in a sport other than the student-athlete’s sport.
Official Interpretation April 22, 2016
Voluntary Out-of-Season Institutional Fundraising Events Involving Athletics Ability (III)
Division: III  Date Issued: April 21, 2016  Date Published: April 22, 2016  Item Ref: 2a  Interpretation:
The Division III Interpretations and Legislation Committee confirmed that student-athletes are not permitted to practice or compete under the guise of a fundraising event outside of the playing and practice season. As such, coaching staff members may not assess or provide instruction to student-athletes as part of a permissible fundraising event that occurs outside of the playing season.
Additionally, a student-athlete may not compete as part of a team in the student-athlete's sport if the fundraising event is organized, administered by, 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). Student-athletes are permitted, however, to participate in out-of-season fundraising events: (1) as an individual in an individual sport (e.g. Institutional 5K, golf outing); (2) that are administered outside of athletics and do not benefit the athletics department; or (3) in a sport other than the sport(s) in which the student-athlete participates at the institution.
[References: NCAA Division III Bylaws (athletically related activities); (exceptions) and (intercollegiate competition)]

19. RSRO
Question: Can our student-athletes and coaches or other athletics personnel participate in a faculty versus students basketball fundraiser?
A coach and a SA in the same sport cannot compete together on the same team (regardless of whether the team is of a different sport), but can compete against each other. This is regardless of whether they are in season or out of season. (Coach Competing against Student-Athletes, official interpretation March 27, 2014).
For SAs who are not basketball SAs: if they are out of season, they cannot be required to participate--it must be voluntary participation only, participation in the event must be open to any and all entrants and the SAs must receive approval from the president/chancellor/designee (Bylaw Exceptions). If they are in season, they can be required to participate.
For basketball SAs: Because the purpose of this event is to raise money for a new mascot, this is a fundraiser that benefits the athletics program, which prevents basketball SAs from being able to participate. A SA cannot engage in athletically related activities in their own sport under the guise of fundraising activities. However, the basketball SAs could participate in administrative activities in conjunction with the event (April 22, 2016 Official Interpretation -- Voluntary Out-of-Season Institutional Fundraising Events Involving Athletics Ability).

20. RSRO
Question: Institution has a golf outing in the next few weeks; current players are going to be participants. The institution's golf coach is also going to be a participant. In what ways would it be permissible for the coach and current players to be in the same outing?
The permissibility of the SAs participating depends upon their role in the event. Bylaw (proposal ) prohibits a SA from participating in a fundraising activity that includes competition.
If the SAs are not competing but are otherwise assisting with the event (i.e., playing a shot for a participant or playing "'beat the pro"'), then they can use their golf skills and their coach could observe them.
If the SAs are playing in the event just like any other participant, then they must pay the entry fee and could not be in a foursome with the coach. As a best practice, you should try to have a group or two between the SA foursome and the coach's foursome.

21. 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.
Bylaw
Official Interpretation November 19, 2015
A reoccurring theme is leadership programming.

22. RSRO
Question: Would it be permissible for a coach to hold a re-occurring weekly "leadership meeting" out-of-season with student-athletes on a voluntary basis?
Analysis
Bylaw 16 – Is similar programming available
Not limited to members of a specific team
Is it voluntary – what does that mean in this context.
This frankly is an example of the difficulty of Division III and out of season activities. More specifically- general leadership programming. Is this a program or out of season weekly practice.
ILC looked at this issue- they were attempting to protect the out of season prohibitions while recognizing the benefits of certain programming

23. RSRO
Question: Can a men's basketball team use Bylaw (b) to run a leadership/culture development workshop (greater than four hours long) facilitated by an outside consultant outside the declared season?
A leadership/culture development workshop specifically for the men's basketball team is impermissible under Bylaw SA's may participate in leadership and other programming outside the playing season provided that programming is not limited to members of a specific team and participation is voluntary. This would not fall under the exception in Bylaw (b). The intent of the one team meeting exception is to be a season kickoff or discussion of a SA's performance from the previous season. Team-specific leadership development and other programming constitute athletically related activity and would not be permissible outside of the season

24. RSRO
Question: Can a team participate in a camping trip or other nonathletically related activity with the coaching staff before the initial start of the athletics playing season?
A: Given the intent of the activity described is for team-building purposes, this is not permissible. Engaging in a team-building activity during the offseason triggers the definition of practice, which is an athletically related activity (Bylaw ).

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