Acting for the Division II Management Council, the Interpretations Subcommittee of the Division II Legislative Committee issued the following interpretations:

Academic Fraud

1. Definition of Academic Fraud. The subcommittee reviewed the application of NCAA Bylaw 10.1-(b) as it relates to academic fraud and agreed that the following guidelines generally should be used in determining whether an incident of academic fraud should be reported to the NCAA as a violation of Bylaw 10.1-(b) or should be handled exclusively at the institutional level in accordance with its policies applicable to all students.

a. The subcommittee confirmed that an institution is required to report a violation of Bylaw 10.1-(b) any time an institutional staff member (for example, coach, professor, tutor, teaching assistant) is knowingly involved in arranging fraudulent academic credit or false transcripts for a prospective or enrolled student-athlete, regardless of whether the institutional staff member acted alone or in concert with the prospective or enrolled student-athlete.

b. The subcommittee confirmed that an institution is required to report a violation of Bylaw 10.1-(b) any time a student-athlete, acting alone or in concert with others, knowingly becomes involved in arranging fraudulent academic credit or false transcripts, regardless of whether such conduct results in an erroneous declaration of eligibility.

c. If a student-athlete commits an academic offense (for example, cheating on a test, plagiarism on a term paper) with no involvement of an institutional staff member, the institution is not required to report the violation of Bylaw 10.1-(b), unless the academic offense results in an erroneous declaration of eligibility, and the student-athlete subsequently competes for the institution.

Finally, the subcommittee noted that in all cases in which a student-athlete knowingly engages in conduct that violates institutional policies, the institution is required to handle a student-athlete's academic offense in accordance with its established academic policies applicable to all students, regardless of whether the violation is reportable under Bylaw 10.1-(b) or whether the student-athlete was acting alone or in concert with others.

Relationships Before Collegiate Enrollment

2. Benefits Resulting from a Relationship Established Before Collegiate Enrollment. The subcommittee reviewed the application of NCAA Bylaw 12.1.1.1.6 as it relates to factual situations in which an individual (student-athlete or prospective student-athlete) has received benefits before or during collegiate enrollment from someone other than a family member or legal guardian. It agreed that the following objective guidelines generally should be used in determining whether such benefits are contrary to the legislation:

Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefit(s) develop as a result of the athlete's participation in athletics or notoriety related thereto?

Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefit(s) predate the athlete's status as a prospective student-athlete?

Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefit(s) predate the athlete's status achieved as a result of his or her athletics ability or reputation?

Is the pattern of benefits provided by the individual to the athlete (or the athlete's parents) before the athlete attaining notoriety as a skilled athlete similar in nature to those provided after attaining such stature?

The subcommittee, however, noted that the origin and duration of a relationship and the consistency of benefits provided during the relationship are key factors in determining whether the benefits provided are contrary to the spirit and intent of Bylaw 12.1.1.1.6.

The subcommittee determined that before initial full-time collegiate enrollment, a prospective student-athlete may receive normal and reasonable living expenses from an individual with whom the student-athlete has an established relationship (for example, high-school coach, nonscholastic athletics team coach, family of a teammate), even if the relationship developed as a result of athletics participation, provided:

The individual is not an agent;

The individual is not an athletics representative of a particular institution involved in recruiting the prospect; and

Such living expenses are consistent with the types of expenses provided by the individual as a part of normal living arrangements (for example, housing, meals, occasional spending money, use of the family car).

The subcommittee noted that the above-mentioned interpretation does not apply to individuals who have no logical ties to the prospect. It also noted that a current student-athlete who, before initial collegiate enrollment, has been receiving normal and reasonable living expenses from an individual with whom he or she has an established relationship may continue to receive occasional benefits (for example, meals during campus visits, reasonable entertainment) from an individual or family with whom the student-athlete has an established relationship. Such expenses may not include educational expenses associated with a grant-in-aid (for example, tuition and fees, room and board, and required course-related books). [References: Bylaws 12.1.1.1.6 (preferential treatment, benefits or services); 15.2.5 (financial aid from outside sources) and,16.12.2.4 (preferential treatment).]

Football Recruiting Calendar

3. Football Recruiting Calendar. The subcommittee determined that for purposes of Bylaw 30.11.3-(a) and (b) that the prospect's high-school or two-year college football season begins with the first regularly scheduled practice immediately preceding the start of the regular season. [Reference: Bylaw 30.11.3 (recruiting calendar football).]