1. Bylaw 16: Awards and Benefits Hot Topics
Kristin DiBiase

2. Bylaw 16 - Session Outcomes
Understand current trends in Bylaw 16 legislation and interpretations.
Engage in multiple case studies.
Identify appropriate resources for assistance in navigating Bylaw 16 issues.

3. Hot Topic:
Extra Benefits

4. Definition – Extra Benefit
Any special arrangement by an institutional employee or a booster to provide an SA or the SA’s relatives or friends a benefit not expressly authorized by NCAA legislation.
Receipt of a benefit is not a violation if it is demonstrated that the same benefit is generally available to the institution’s students, relatives or friends, or to a particular segment of the student body on a basis unrelated to athletics.
Division III Bylaw

5. RSRO Example #1: Just the Same
An institution’s baseball team would like priority registration for the early session of the freshman experience course in order to reduce the number of afternoon classes missed for competition.

6. RSRO Example #1: Just the Same
This could be permissible if priority registration exists on campus for other student groups unrelated to athletics. If the institution does not offer priority registration for other groups, it is not permissible for the SAs to receive it.
Bylaw

7. Other Support Services
Academic and
Other Support Services
Your institution may provide academic-based programming and services and support programming and services to SAs as long as similar services are available to your institution’s students or a particular segment of the student-body.
Bylaw 16.3

8. Other Support Services (cont.)
Academic and
Other Support Services (cont.)
What is a “similar” service?
An academic or support service that has a similar objective and one where the intended benefit is on a comparable scale.
Educational Column January 12, 2008

9. RSRO Example #2: Sam Miller
The career services department at Sam’s institution would like to host an athletes-only job expo. The institution currently holds job fairs and networking nights on campus for other groups, such as the education job fair, STEM networking night and “meet the firms” night for accounting and IT majors.
Bylaw

10. RSRO Example #2: Sam Miller
This is permissible because similar programming is provided for other segments of the student body on a basis unrelated to athletics.
Bylaw

11. RSRO Example #3: Benny Fitz
Your soccer coach wishes to hire a motivational speaker, Benny Fitz, to come talk to your soccer team about leadership during the season. Your institution typically does not bring speakers in for individual groups.

12. RSRO Example #3: Benny Fitz
This is permissible. As long as a team is in season, you may provide support services and other programming involving sports-related information for an athletics purpose exclusively for SAs, even if such programming is not offered to the general student body or other student groups.
Bylaw

13. Expenses for Practice and Competition
Hot Topic:
Expenses for Practice and Competition

14. Expenses for Practice Expenses for practice are permissible when:
Associated with an away-from-home contest;
Conducted at a site in your institution’s state; or
If outside the state, within 100 miles of your institution’s campus.
Practice on extended road trips must take place:
At the competition site;
On a direct route between the institution's campus and the first competition site; or
On a direct route between two consecutive competition sites.
Bylaws and

15. Competition While Representing
the Institution
An institution may provide actual and necessary travel expenses (e.g., transportation, lodging and meals) for an SA to represent the institution in competition, as long as the SA is eligible for intercollegiate competition.
Bylaw

16. RSRO Example #4: Feel the Sprain
Kelly was injured before the season began and is rehabbing her ankle. To make sure she stays in contact with the team, her coach would like her to serve as a student manager and watch the women’s basketball team compete during their spring break trip in Florida. Can she go?

17. RSRO Example #4: Feel the Sprain
If Kelly is otherwise eligible, she can receive travel expenses as a student manager.
Bylaw
In this situation, the only reason Kelly is not participating is because of an injury. If, but for the injury, she could compete, then she is allowed to receive expenses for competition.

18. RSRO Example #5: A Transfer Try
Kim transferred to your institution and must sit out for a year. Can Kim serve as a student manager and go on the basketball team’s trip?

19. RSRO Example #5: A Transfer Try
No. An SA who is serving year in residence may not receive travel expenses as a student manager.
Bylaw
A SA who is serving a year in residence is ineligible for competition. Any SA who is ineligible for competition may not receive expenses related to competition. For that reason, it is not permissible for an institution to try to circumvent the legislation by giving a SA a job as a student manager or student coach in order to provide him/her with travel expenses related to the team’s competition.

20. RSRO Example #6: Can This Guy Fly?
Kip is the women’s basketball team’s male practice player. Is he permitted to accompany the team on the trip?

21. RSRO Example #6: Can This Guy Fly?
No. A male practice player may not receive travel expenses.
Bylaw
Male practice players are ineligible for competition on a women’s team; therefore, they are unable to receive expenses related to the women’s team’s travel for competition.

22. RSRO Example #7: Not Fast Enough
Coach wants to take the football team to see the new action movie Nine Fastest and Most Furious when it comes out at the end of the school year. Is he allowed?

23. RSRO Example #7: Not Fast Enough
No. Team entertainment may only be provided during the playing and practice season.
Bylaw
Note: team entertainment is allowed at any time during the playing and practice season (does not have to immediately follow a practice or competition). However, for team entertainment to take place outside of the institution’s home state or more than 100 miles from campus, it must be offered in conjunction with away competition.

24. Hot Topic:
Awards

25. Awards Charts
The specifications for permissible awards are quickly referenceable in three charts at the end of Bylaw 16.
The awards charts in Figures 16-1, 16-2 and 16-3 are quick references that can easily identify the permissible types of awards, the permissible awarding entities, how often an award can be provided, and the maximum permissible value of the award.
Figures 16-1, 16-2 and 16-3

26. RSRO Example #8: Quite the Gift
Can the institution’s alum endow a postgraduate scholarship similar to the conference postgraduate scholarship award?
Bylaw
Figure 16-3

27. RSRO Example #8: Quite the Gift
No. An institution may not award financial aid related to athletics leadership, ability, participation or performance. However, an alum could donate an item to the institution to provide as an award as long as the total value of the item does not exceed the maximum value for the award and is not cash or a gift certificate redeemable for cash.
Bylaw
Figure 16-3
The conference postgraduate scholarship is allowed to be provided only by a member conference, as a special exception that was voted in by the Division III membership. The financial aid legislation still applies to individual institutions, even at the point that a SA has exhausted eligibility, which prevents a postgraduate scholarship award from being given by an institution.

28. Special Circumstances
Hot Topic:
Special Circumstances

29. Special Circumstances
In special circumstances, follow these steps to determine if your institution may provide expenses:
Review Bylaw 16 legislation, interpretations and educational columns;
Review miscellaneous benefits in Bylaw ; and
Review previously approved incidental expenses and legislative relief waivers.

30. Incidental Expense Waivers
Additional expenses incidental to an SA’s participation in athletics.
No competitive advantage for the institution.
Does not compromise the intent of the legislation.
Incidental expense waivers are able to be provided in limited situations that have been determined to provide no competitive advantage for the institution and do not compromise the intent of the legislation.
Bylaw
Bylaw

31. Incidental Expense Waivers
Previously Approved
Incidental Expense Waivers
If a previously approved incidental expense or waiver is specifically listed, institutions or conferences may self-apply it on campus without filing a formal legislative relief waiver request. Keep documentation on file.
Self-relief is applicable only if the exact same circumstances appear on the list. No variations are allowed.
If an institution's circumstances do not appear on the previously approved waivers list or the circumstances are not exactly the same, the institution must submit a formal legislative relief waiver application through RSRO.
Educational Column October 5, 2016

32. Previously Approved Incidental Expenses – Transportation Expenses
To attend a conference on lifestyle choices and leadership training, the Apple conference or a symposium on girls and women in a sport located outside the institution’s state.
For the difference in cost of an airline ticket to fly home for the holidays when the flight has to be changed as a result of the institution's competition schedule in the sport.
For an SA to return home for the birth of his child.
For an SA to return to campus during spring break to train for an NCAA championship.
Educational Column October 5, 2016

33. Previously Approved Incidental Expenses –Misfortune and Miscellaneous Expenses
To replace items belonging to an SA that were stolen from the SA’s car, from the SA’s dormitory room or during team travel.
Actual and necessary expenses for SAs who were displaced by a disaster.
To provide expenses to assist SAs for items damaged or lost in a disaster.
Expenses for SAs to attend a reception where their coach will be honored.
Educational Column October 5, 2016

34. Previously Approved Incidental Expenses –Playing and Practice Seasons
Permit an institution's team to redefine its week when the team does not conduct practice for a period of seven consecutive days that includes institutional closures as a result of inclement weather.
Permit an SA to participate on a club team coached by institution's coaching staff outside of the playing and practice season when the institution's coaching staff member is also the SA's parent or guardian.
Educational Column October 5, 2016

35. Questions?

36. Division III Student-Athlete Reinstatement Stephanie Grace Julie Sargent

37. Session Overview Student-athlete reinstatement overview.
Case study: competition while enrolled less than full time.
Best practices for submitting an SAR request through RSRO.
Session Description: Division III Student-Athlete Reinstatement and Enforcement
This session will provide a fundamental overview of Division III student-athlete reinstatement processes involving violations and waivers, a reinstatement case study and tips and best practices for submitting an SAR request through RSRO.

38. Cases Processed by SAR
SA was involved in a violation that affects eligibility and requires reinstatement.
SA reinstatement request.
SA is unable to compete in four seasons in a 10-semester/15-quarter period.
Extension of eligibility waiver.
The SAR team processes both reinstatement cases involving violations affecting SA eligibility and specific types of waivers. As a general rule, you will likely be engaging with the SAR team if you are seeking a waiver for something already has happened on your campus (e.g., a violation, a student-athlete injury) versus something that will happen (legislative relief waiver).
Extension waivers – extend the 10-semester/15-quarter “clock” in cases where SA has been deprived of the opportunity to participate in his or her sport for more than one season for reasons beyond the control of student-athlete and institution. (e.g., injury, extreme financial difficulties, etc.) [Bylaw ]
Hardship waivers and hardship waiver appeals – grant an additional season of participation when a student-athlete competes limitedly and suffers an incapacitating injury or illness I the first half of the season. Institutions who are members of a conference file this waiver first with the conference office and may appeal the decision to the NCAA staff if the waiver is denied. Independent institutions file hardship waiver directly through RSRO to be reviewed by NCAA staff. [Bylaw ]
Season-of-participation waivers – grant an additional season of participation when a student-athlete competes limitedly while eligible and extenuating circumstances (other than injury or illness to the SA) occur that prevent the student-athlete from completing the season (e.g., life-threatening injury or illness sustained by immediate family member, extreme financial difficulties, dropped sport) Also an option when a student-athlete competes while ineligible as a result of a good-faith, erroneous declaration of eligibility by the institution’s certifiying authority or a student-athlete’s good-faith, erroneous reliance on a coaching staff member’s decision to put the student-athlete into participation before the coaching staff members receives a formal declaration of eligibility from the institution’s certifying authority. [Bylaw and ]
How do you know if a violation affects student-athlete eligibility? We’ll talk about that in a moment [see slide 8].

39. Cases Processed by SAR (cont.)
SA is unable to complete a season due to incapacitating injury or illness.
Hardship waiver (independent institutions).
Hardship waiver appeal.
SA is unable to complete a season due to other extenuating circumstances.
Season-of-participation waiver.
The SAR team processes both reinstatement cases involving violations affecting SA eligibility and specific types of waivers. As a general rule, you will likely be engaging with the SAR team if you are seeking a waiver for something already has happened on your campus (e.g., a violation, a student-athlete injury) versus something that will happen (legislative relief waiver).
Extension waivers – extend the 10-semester/15-quarter “clock” in cases where SA has been deprived of the opportunity to participate in his or her sport for more than one season for reasons beyond the control of student-athlete and institution. (e.g., injury, extreme financial difficulties, etc.) [Bylaw ]
Hardship waivers and hardship waiver appeals – grant an additional season of participation when a student-athlete competes limitedly and suffers an incapacitating injury or illness I the first half of the season. Institutions who are members of a conference file this waiver first with the conference office and may appeal the decision to the NCAA staff if the waiver is denied. Independent institutions file hardship waiver directly through RSRO to be reviewed by NCAA staff. [Bylaw ]
Season-of-participation waivers – grant an additional season of participation when a student-athlete competes limitedly while eligible and extenuating circumstances (other than injury or illness to the SA) occur that prevent the student-athlete from completing the season (e.g., life-threatening injury or illness sustained by immediate family member, extreme financial difficulties, dropped sport) Also an option when a student-athlete competes while ineligible as a result of a good-faith, erroneous declaration of eligibility by the institution’s certifiying authority or a student-athlete’s good-faith, erroneous reliance on a coaching staff member’s decision to put the student-athlete into participation before the coaching staff members receives a formal declaration of eligibility from the institution’s certifying authority. [Bylaw and ]
How do you know if a violation affects student-athlete eligibility? We’ll talk about that in a moment [see slide 8].

40. Case Study: Ella VanCreditz
Third-year women’s soccer SA.
Enrolls in 14 credit hours for the 2018 fall semester.
This case study involves a violation that affects student-athlete eligibility, competition while enrolled less than full time.

41. So Quiet, You Could Hear a Class Drop
Dislikes her three-credit psychology course because it meets too early in the morning.
Drops the course Friday afternoon without consulting coaches or compliance.

42. Our Goal is Stopping Yours
Competes in two contests during the weekend road trip while enrolled part time.
Enrolls in a different three-credit psychology course Monday morning.

43. First Steps: Facts and Legislation
What are the relevant facts?
Who is involved?
Do I need interpretive assistance?
Did a violation occur?
Does the violation affect eligibility?
Based on these facts, there are two violations:
Bylaw – Requirement for Practice or Competition.
Bylaw – Competition While Representing Institution.

44. Is Reinstatement Necessary?
Restitution [R]
Reinstatement MAY be necessary depending on the value of the violation.
De Minimis [D]
Reinstatement is NOT necessary, but violation should be reported to NCAA enforcement staff.
Restitution – if the value of the benefit provided to the individual (prospective or enrolled SA) is $200 or less, eligibility is not affected conditioned on the individual repaying the value of the benefit to a charity of his or her choice. The individual remains ineligible from the time the institution has knowledge of the receipt of the impermissible benefit until the individual repays the benefit. Remains an institutional violation, and documentation of repayment should be forwarded to the enforcement staff.
De Minimis – institutional violations; involved (P)SA’s eligibility is not affected. Report to enforcement staff, no need to seek reinstatement.
Look for [D] and [R] at the end of the relevant bylaw(s) in the manual or on LSDBi to determine whether a violation is de minimis or restitution.
What if Ella practiced and traveled with the team while enrolled part-time, but did not compete? Would she need to be reinstated?
Competition While Representing Institution. An institution may provide actual and necessary travel expenses (e.g., transportation, lodging and meals) for a student-athlete to represent the institution in competition, provided the student-athlete is eligible for intercollegiate competition. [D] (Revised: 1/10/92, 1/13/98, 1/8/01, 1/14/15)
Requirement for Practice or Competition. To be eligible for practice or competition, a student-athlete shall be enrolled in at least a minimum full-time program of studies leading to a baccalaureate or equivalent degree as defined by the institution. For purposes of this bylaw and its subsections, to be eligible for competition, a student-athlete shall be enrolled in not less than 12-semester or quarter hours, regardless of the institution's definition of minimum full-time program of studies. For practice only, a violation of this bylaw shall be considered an institutional violation per Constitution 2.8.1; however, it shall not affect the student-athlete's eligibility. [D (practice only)] (Revised: 1/10/92, 1/11/00, 1/10/05, 10/20/09, 12/5/14)

45. Applicable Legislation
Bylaw Requirement for Practice or Competition.
. . . For practice only, a violation of this bylaw shall be considered an institutional violation however, it shall not affect the SA’s eligibility [D (practice only)]
Bylaw Competition While Representing Institution.
. . . provided the SA is eligible for intercollegiate competition. [D]
Restitution – if the value of the benefit provided to the individual (prospective or enrolled SA) is $200 or less, eligibility is not affected conditioned on the individual repaying the value of the benefit to a charity of his or her choice. The individual remains ineligible from the time the institution has knowledge of the receipt of the impermissible benefit until the individual repays the benefit. Remains an institutional violation, and documentation of repayment should be forwarded to the enforcement staff.
De Minimis – institutional violations; involved (P)SA’s eligibility is not affected. Report to enforcement staff, no need to seek reinstatement.
Look for [D] and [R] at the end of the relevant bylaw(s) in the manual or on LSDBi to determine whether a violation is de minimis or restitution.
What if Ella practiced and traveled with the team while enrolled part-time, but did not compete? Would she need to be reinstated?
Competition While Representing Institution. An institution may provide actual and necessary travel expenses (e.g., transportation, lodging and meals) for a student-athlete to represent the institution in competition, provided the student-athlete is eligible for intercollegiate competition. [D] (Revised: 1/10/92, 1/13/98, 1/8/01, 1/14/15)
Requirement for Practice or Competition. To be eligible for practice or competition, a student-athlete shall be enrolled in at least a minimum full-time program of studies leading to a baccalaureate or equivalent degree as defined by the institution. For purposes of this bylaw and its subsections, to be eligible for competition, a student-athlete shall be enrolled in not less than 12-semester or quarter hours, regardless of the institution's definition of minimum full-time program of studies. For practice only, a violation of this bylaw shall be considered an institutional violation per Constitution 2.8.1; however, it shall not affect the student-athlete's eligibility. [D (practice only)] (Revised: 1/10/92, 1/11/00, 1/10/05, 10/20/09, 12/5/14)

46. Next Steps: Immediate Concerns
Is Ella enrolled full time now?
If not, can she be reinstated?
When is the next game?
Can Ella practice in the meantime?
The institution can submit a reinstatement request for Ella if she is still enrolled part-time; however, she will not be eligible to compete again until after she is (1) enrolled full-time, (2) reinstated and served any withholding condition imposed by the institution and/or NCAA staff and (3) is certified eligible by the institution.
SAR prioritizes cases based on the next date of competition.
Ella may practice pending reinstatement if she is enrolled full-time. The only exception to this general rule is if the violation could potentially result in the SA’s permanent ineligibility. Work with the SAR staff in those types of cases to determine whether the SA can practice.

47. Which Comes First? SAR request. Violation self-report?
If the SA has competition pending, it is best to file the SAR request first so it can be expedited and the SA does not miss competition.
RSRO allows you to relate cases to file both SAR request and secondary violation at the same time (as two separate cases) and copies information that is common to both cases.

48. Submitting an SAR Request
RSRO.
Required documentation.
Required signatures.
Must submit the case-specific Buckley statement signed by the student-athlete. This is different than the Buckley statement SAs sign with their beginning-of-year compliance forms.
Case is not submitted to reinstatement staff until all signatures are complete.

49. Submitting an SAR Request (cont.)

50. What Happens Next Request prioritized. Case manager assigned.
Case manager contacts institution.
Request for additional information (as needed).
Review of legislation, guidelines and case precedent.
Staff decision.
Case manager informs institution of staff decision.
Institution accepts or appeals decision.
Determine which facts are relevant – think about WHO is involved, WHAT the violation is, and HOW the circumstances of the violation arose. When submitting supporting documentation, consider who should provide the documentation. For instance, a statement from an advisor who worked with a student-athlete to drop a class that resulted in the student-athlete competing while enrolled part time carries more weight than a statement from a compliance officer who was uninvolved in the violation until its discovery.
Any time a student-athlete is involved a violation that requires reinstatement, the staff will ask for a written statement from that student-athlete regarding the facts and circumstances surrounding the request. Again, the student-athlete should focus on things that are relevant to the violation (e.g., whether she knew she had dropped below full-time, whether she spoke with anyone at the institution before dropping the class, why she thought it was okay to compete while enrolled in only 11 credits, etc )
Guidelines are available on NCAA.org and provide recommended reinstatement action for most types of violations. They also include helpful information about waivers.
SAR defines an urgent case as one where the student-athlete has competition pending within 10 days that is dependent on the outcome of the reinstatement. Institutions can mark cases as urgent in RSRO. Case assigners will confirm that the request is urgent based on the next date of competition and assign to case managers to prioritize accordingly.

51. SAR Best Practices Relevant facts. Documentation. SAR guidelines.
SA statement.
SAR guidelines.
Case precedent.
Urgent cases.
Determine which facts are relevant – think about WHO is involved, WHAT the violation is, and HOW the circumstances of the violation arose. When submitting supporting documentation, consider who should provide the documentation. For instance, a statement from an advisor who worked with a student-athlete to drop a class that resulted in the student-athlete competing while enrolled part time carries more weight than a statement from a compliance officer who was uninvolved in the violation until its discovery.
Any time a student-athlete is involved a violation that requires reinstatement, the staff will ask for a written statement from that student-athlete regarding the facts and circumstances surrounding the request. Again, the student-athlete should focus on things that are relevant to the violation (e.g., whether she knew she had dropped below full-time, whether she spoke with anyone at the institution before dropping the class, why she thought it was okay to compete while enrolled in only 11 credits, etc )
Guidelines are available on NCAA.org and provide recommended reinstatement action for most types of violations. They also include helpful information about waivers.
SAR defines an urgent case as one where the student-athlete has competition pending within 10 days that is dependent on the outcome of the reinstatement. Institutions can mark cases as urgent in RSRO. Case assigners will confirm that the request is urgent based on the next date of competition and assign to case managers to prioritize accordingly.

52. Resources
TECHNICAL ISSUE
BEFORE SUBMISSION
Interpretation request submitted through RSRO
IN PROGRESS
Communications tab within RSRO; phone case manager
CLOSED -

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