National Collegiate Athletic Association |
The NCAA News - News and FeaturesSeptember 15, 1997
Legislative assistance
1997 Column No. 32
1997 Convention Proposal No. 109 -- Division I institutions should note that if a coach accompanies a prospect to or from an official visit via automobile, the 48-hour period of the official visit shall begin when the coach first makes contact with the prospect or his or her parents. Upon completion of the 48-hour period, the coach shall immediately terminate contact with the prospect and his or her parents. During its March 17, 1997, telephone conference, the former NCAA Interpretations Committee determined that a coach who makes an in-person, off-campus contact (i.e., any dialogue in excess of an exchange or a greeting) with a prospect (or the prospect's parent) during a permissible contact period prior to transporting the prospect to campus for an official visit is charged with a countable contact. The 48-hour period of the official visit is initiated when the coach begins transporting the prospect to campus. Further, the committee determined that an institution may arrange for a prospect making an official visit to travel by air for a portion of the trip to campus and allow an authorized coaching staff member to accompany the prospect during the remaining portion by automobile, provided the 48-hour period begins when the coach first makes contact with the prospect at the airport (which is not the nearest major airport to the institution's campus). The committee noted, however, that the principles set forth in 13.6.2.4 remain applicable; thus, if an institution's athletics department staff member provides transportation to a prospect to campus from the bus or train station or major airport nearest the campus, the 48-hour period does not begin until the prospect arrives on campus. NCAA Bylaw 15.1 Nonresident alien withholding tax NCAA Divisions I and II institutions should note that the Internal Revenue Service requires that educational institutions must withhold tax from the taxable portion of scholarship payments made to nonresident alien (foreign) students. Further, per Bylaw 15.1, a student-athlete is not eligible to participate in intercollegiate athletics if he or she receives financial aid that exceeds the value of a full grant-in-aid, which consists of tuition and fees, room and board, and required course-related books. In addition, an institution may not provide a student-athlete financial aid that exceeds the full value of any one of the elements (i.e., tuition and fees, room and board, and books). Accordingly, it would not be permissible for a Division I or II institution to provide a foreign student-athlete with a full grant-in-aid and, in addition, pay the nonresident withholding tax. Such an arrangement would result in the student-athlete receiving financial aid from his or her institution that exceeds the value of a full grant and, thus, would jeopardize that student's remaining eligibility. Therefore, a nonresident alien (foreign) student who is receiving a full grant-in-aid would be required to reimburse the institution the value of the nonresident alien withholding tax. This material was provided by the legislative services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Richard C. Perko or Kristen L. Davis, membership services representatives, at the NCAA national office. This information is available on the Collegiate Sports Network. |