1. Division III Amateurism
2010 NCAA Regional Rules Seminars
Amy Huchthausen
Director of Academic and Membership Affairs

2. Session Topics NCAA Division III Bylaw 12 reorganization.
Institutional fundraising.
Instructional videos.
Use of logos on equipment, uniforms and apparel.
2011 NCAA Convention proposals.

3. Bylaw 12 Reorganization

4. Bylaw 12 Reorganization NCAA Division III Proposal No. ER-2010-1.
Reorganization of Bylaw 12.1 (amateur status) section.
Rules are the same.
Duplication, but more clearly organized.

5. Bylaw
Topic
12.1.1
Preferential Treatment.
12.1.2
Amateur Status if Pro in Another Sport
12.1.3
Amateur Status – Prior to Initial, FT Collegiate Enrollment.
– Permissible.
– Nonpermissible.
12.1.4
Delayed Collegiate Enrollment.
12.1.5
Amateur Status – Following Initial, FT Collegiate Enrollment.
– Permissible.
– Nonpermissible.
12.1.6
Elite Level Participation.
12.1.7
Prohibited Forms of Pay.

6. Institutional Fundraising

7. Current Rules Preferential treatment rule applies.
Prohibits a SA from receiving special treatment, benefits or services due to SA’s skill or reputation.
Designation of specific funds raise preferential treatment concerns.
Bylaw
1/2/07 Educational Column
2/11/10 staff interpretation
Interpretation - Donations Made for Prospective or Currently Enrolled Student-Athletes to Outside Team or Organization (I/II/III)
Date Issued: February 10, 2010
Date Published: February 11, 2010
Type: Staff Interpretation
Item Ref: b
The academic and membership affairs staff confirmed that donations made by individuals other than a prospective or currently enrolled student-athlete's relatives or legal guardians (e.g., neighbors, businesses) to an outside team or organization in the name of or on behalf of the prospective or currently enrolled student-athlete are precluded, inasmuch as these donations would be considered "earmarked" for the prospective or currently enrolled student-athlete.  However, it is permissible for such individuals to make a donation to the general fund of the outside team or organization, provided it is not credited to a particular prospective or currently enrolled student-athlete.
[References NCAA Division I Bylaws (amateur status), (expenses from outside team or organization) and (expenses from sponsor other than parents/legal guardians or nonprofessional sponsor of event); Division II Bylaws (expenses from outside team or organization) and (expenses from sponsor other than parents/legal guardians or nonprofessional sponsor of event); Division III Bylaws (amateurism status -- prior to initial, full-time collegiate enrollment), (amateurism status -- delayed collegiate enrollment) and (amateurism status -- following initial, full time collegiate enrollment); and staff interpretation (9/21/90, item d)]
Educational Column - Student-Athlete Involvement in Institutional Team Fundraising Activities Subsequent to Enrollment (I/II/III)
Item Ref : 1 Date Issued: January 2, 2007 Date Published: January 2, 2007
Educational Column: NCAA Division I, II and III institutions should note that NCAA amateurism rules govern the fundraising activities of student-athletes.  It is important that funds raised by student-athletes to supplement team costs be obtained and dispersed in accordance with NCAA amateurism rules so as not to jeopardize the student-athlete's eligibility for intercollegiate competition in that sport. 
Fundraising by Student-Athletes
It is permissible for an individual to participate in fundraising activities for a team, including activities that involve the use of athletics ability (e.g., swim-a-thons, free-throw shooting, 5-k runs); however, a student-athlete may not receive a benefit based upon athletics skill or reputation.  Also, a student-athlete may not have a personal sponsor other than an individual upon whom the student-athlete is naturally or legally dependent.  The funds raised cannot be solicited on behalf of or earmarked for any particular individual.  It is also not permissible for an individual's ability to participate in an upcoming competition or event, including practices in preparation for such competition, be contingent on the amount of money raised by the individual or whether he or she participates in the fundraising activity.  As such, funds raised must be provided to the team or institution as a general donation, rather than as a credit toward a specific student-athlete's expenses.  In addition, all donations should clearly indicate that they are made directly to the institution (e.g., a check should not be made out directly to the student-athlete). Examples of prohibited activities include crediting funds raised towards an individual's specific expenses and the use of solicitation materials requesting funds for a specific named individual. 
[References: NCAA Division I Bylaws (amateur status), (prohibited forms of pay), (expenses from sponsor other than parents/legal guardians or nonprofessional sponsor of event), (preferential treatment, benefits or services), (exception for institutional fundraising activities involving athletics ability of student-athletes). Division II Bylaws (amateur status), (prohibited forms of pay), (expenses from sponsor other than parents/legal guardians or nonprofessional sponsor of event), (preferential treatment, benefits or services), (exception for institutional fundraising activities involving athletics ability of student-athletes).  Division III Bylaws (amateur status), (prohibited forms of pay), (expenses from sponsor other than parents/legal guardians or nonprofessional sponsor of event), (preferential treatment, benefits or services) and (exception for institutional fundraising activities involving the athletics ability of student-athletes).]

8. So What Can We Do? Type of fundraising activity is not limited.
Funds must be administered or controlled by the institution.
Funds must be applied equally to all team members, regardless of a particular SA’s contributions (e.g., items sold, hours volunteered).

9. Required Participation in Fundraising
Questions to ask
Does fundraiser involve use of athletics ability?
Is fundraiser “in season” or “out of season”?
Is athletics involvement contingent on participation in the fundraising?

10. How to Evaluate Participation in Fundraising Activities

11. Athletics Ability Involved? NO
In season.
May require participation in fundraiser with or without athletics condition.
Out of season.
May require participation in fundraiser, but shall not have athletics condition.
Bylaw (b)

12. How to Evaluate Participation in Fundraising Activities

13. Athletics Ability Involved? YES
In season.
May require participation in fundraiser with athletics condition.
Out of season.
Not permissible.
Bylaw (b)

14. How to Evaluate Participation in Fundraising Activities

15. Fundraising – Case Study
Giant College’s softball team needs to raise money for spring break trip to Florida.
Team sells pizzas and cookies to raise funds.
Each SA is required to raise $300 or cannot go on trip and play.

16. Fundraising – Case Study
Can SA be required to participate in this fundraiser?
Depends. Need to modify a few things.

17. Fundraising – Case Study
Giant could require team to sell pizzas and cookies during the season.
Athletics involvement could be a condition.
Cannot be required to raise certain amount.

18. Fundraising – Case Study
Giant could require team to sell pizzas and cookies outside the season.
Athletics involvement could not be a condition.
Cannot be required to raise certain amount.

19. Fundraising – Case Study
If Lucy raises $700, can she keep the extra $400?
No. She cannot keep the extra money and none of the money can be designated only for her. It must be pooled with all funds raised and applied equally to all team members, regardless of the amount each person raises.

20. Governance Update Discussion in January 2010.
No clear direction on issue.
Membership may sponsor proposals for 2011 Convention.

21. Skill-Instruction Products
Videos, books, articles, films, other media

22. Use of SA Name or Photo Must be for educational purposes.
No indication that SA endorses a commercial product or service.
SA receives only actual and necessary expenses.
SA signed statement on file.
Bylaw

23. Use of SA Name or Photo
SA name or photo cannot be used to promote sale of item.
Bylaw 17 rules apply if institution’s coach is involved.
Coach may receive compensation, even if SA’s are involved.
Bylaw
High-school students in instructional videotape
Date Issued: August 21, 1987
Date Published: August 21, 1987
Type: Staff Interpretation
Item Ref: a. (2)
The staff concluded that high school students, who are featured in an instructional videotape, may not permit the use of their names or pictures to be used to advertise the sale of the videotape once they become student- athletes [see Constitution 3-1-(e)]. If the student-athletes' names or pictures are used in this manner without their permission, Case No. 44 would apply.
References Legislative References Div. Number Title III Educational Products Related to Sport-Skill Instruction.

24. Case Study – Instructional Video
Coach Kareti is asked by company that produces skill-instruction materials to be in video called, “Killing It: How to Improve Your Hits.”
Video will show Coach Kareti instructing on hitting technique in volleyball.

25. Case Study – Instructional Video
Coach Kareti will receive 30% of net sales as compensation.
Spartan, a volleyball company, will supply the volleyballs used and its logo will appear continuously throughout video.
Coach Kareti would like to include two current SA’s in video (setter and hitter).

26. Case Study – Instructional Video
Is this arrangement permissible?
No. Use of Spartan logo in shots with SA constitutes implied endorsement.
What if logos are removed from SA shots?
Yes. Provided occurs during the playing season.
Another alternative?
Use SA’s who have exhausted eligibility.

27. Use of Logos on Equipment, Uniforms and Apparel

28. Current Rule Equipment
Manufacturer’s normal label or trademark as used when sold to general public.
Examples: Shoes, helmets, bats, gloves, sticks, goggles, skis.
All season, not just championships.
Bylaw
1/26/10 Educational Column
Educational Column - NCAA Bylaw Use of Logos on Equipment, Uniforms and Apparel (I/II/III)
Item Ref : 1
Date Issued: January 26, 2010 Date Published: January 26, 2010
Educational Column: NCAA Division I, II and III institutions should note that a student-athlete may use athletics equipment or wear athletics apparel that bears the trademark or logo of an athletics equipment or apparel manufacturer or distributor in athletics competition and pre- and postgame activities (e.g., celebrations on the court, pre- or postgame press conferences), provided the following criteria are met:
(a) Athletics equipment (e.g., shoes, helmets, baseball bats and gloves, batting or golf gloves, hockey and lacrosse sticks, goggles and skis) shall bear only the manufacturer's normal label or trademark as it is used on all such items for sale to the general public.
(b) The student-athlete's institution's official uniform (including numbered racing bibs and warm-ups) and all other items of apparel (e.g., socks, head bands, T-shirts, wrist bands, visors or hats, swim caps and towels) shall bear only a single manufacturer's or distributor's normal label or trademark (regardless of the visibility of the label or trademark), not to exceed 2 1/4 square inches in area (rectangle, square, parallelogram) including any additional material (e.g., patch) surrounding the normal trademark or logo.  The student-athlete's institution's official uniform and all other items of apparel shall not bear a design element similar to the manufacturer's trademark/logo that is in addition to another trademark/logo that is contrary to the size restriction.
Wearing Apparel Items that Display Logos During Competition.  A student-athlete representing an institution in intercollegiate competition is limited to wearing apparel items that include only the logo (not to exceed 2 1/4 square inches) of an apparel manufacturer or distributor.  The student-athlete may not wear any apparel (e.g., hat, visor, shirt, pinnies) that identifies any entity other than the student-athlete's institution and the apparel manufacturer or distributor.
Apparel Manufacturer's or Distributor's Logo on Towels.  The restriction that a single manufacturer or distributor's normal label or trademark on items of apparel may not exceed 2 1/4 square inches is applicable only to swim towels and towels worn by student-athletes while participating in competition (such as hand towels).  Towels (other than swimming towels) that are not worn by student-athletes while participating in competition (e.g., bench towels) are not subject to the restriction on logos.
Laundry Label.  If an institution's uniform or any item of apparel worn by a student-athlete in competition contains washing instructions on the outside of the apparel on a patch that also includes the manufacturer's or distributor's logo or trademark, the entire patch must be contained within a four-sided geometrical figure (e.g., rectangle, square, parallelogram) that does not exceed 2 1/4 square inches.
Championship Activities.  The restrictions on commercial logos are enforced for all official championship activities, [e.g. practices and press conferences] and apply to all bench personnel, including coaches and support personnel.
Please note that it is necessary to consult the playing rules for each sport to determine whether a sport has adopted a more restrictive standard regarding the use of logos on uniforms.
Non-Profit Organizations.  The NCAA Playing Rules Oversight Panel has determined a game uniform is not the proper platform to display a logo related to nonprofit organizations (e.g., special recognition patches).  Such logos will be treated like commercial logos for the purposes of use on the game uniform and therefore, are not allowed.  Institutional logos, conference logos and memorial patches remain permissible, subject to the appropriate sport's playing rules.
[References:  Division I Bylaws (use of logos on equipment, uniforms and apparel), (laundry label), (pre- or postgame activities); Division II Bylaws (use of logos on equipment, uniforms and apparel), (laundry label), (pre- or postgame activities); Division III Bylaws; Division III Bylaws (use of logos on equipment, uniforms and apparel), (laundry label), (pre- or postgame activities)]

29. Current Rule Uniforms and apparel
One manufacturer’s or distributor’s normal label or trademark, regardless of how visible.
Cannot exceed 2 ¼ square inches.
Examples: Socks, headbands, t-shirts, wristbands, hats, swim caps.
All season, not just championships.
Bylaw
1/26/10 Educational Column

30. Guidelines for Adidas Apparel
Adidas was active participant in creation of guidelines.
If not purchasing directly from Adidas, entity or retail outlet may not be aware of restrictions.
Institution is ultimately responsible.
8/14/07 Ed Column

31. 2011 Convention Proposals

32. Prize Money Exception
Would permit an enrolled SA in individual sports to receive prize money under the following:
Outside the playing season during summer vacation period.
Cannot exceed actual/necessary expenses for SA only (e.g., not coach’s fees or parents expenses).
Provided only by event sponsor.

33. Prize Money Exception
Equitable treatment for enrolled SAs in individual sports compared to team sports.
Team sports can provide actual/necessary expenses by outside team or event sponsors.
Would treat enrolled SAs same as PSAs.
Minimize academic interference by only applying during summer.