April 18, 2001

Acting for the Division I Management Council, the Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations issued the following interpretations:

Financial Aid/Initial Counters

1. Initial Counters -- Waiver of Limitations. The subcommittee noted that it does not have the authority to grant a waiver to permit an institution to exceed the permissible number of initial counters as set forth in Bylaws 15.5.4.1, 15.5.5.1 and 15.5.5.2. It agreed that the appropriate entity to review such a waiver request is the Division I Administrative Review Subcommittee of the Management Council. [References: Constitution 5.4.1.4 (administrative review subcommittee of the management council) and Bylaws 15.5.4.1 (men's basketball), 15.5.5.1 (Division I football) and 15.5.5.2 (Division I-AA football).]

2. Editorial Revisions. The subcommittee approved the following editorial revisions to be included in the 2001-02 NCAA Division I Manual. (Bold type indicates new wording; italicized type indicates wording removed.)

No. 1 Eligibility -- Institutional Certification

A. Bylaws: Amend 3.2.4.3, page 9, as follows:

"3.2.4.3 Certification of Eligibility/Declaration of Ineligibility. The active member is responsible for certifying the eligibility of student-athletes under the terms of the constitution, bylaws or other legislation of the Association before permitting a student-athlete to represent the institution in intercollegiate competition. Procedures for eligibility certification shall be approved by the chief executive officer, who may designate an individual on the institution's staff to administer proper certification of eligibility. The institution shall be obligated immediately to apply all applicable rules and withhold ineligible student-athletes from all intercollegiate competition (see Bylaw 14.11). See Bylaw 14.12 for procedures regarding restoration of eligibility."

B. Bylaws: Amend 14.01.1, page 129, as follows:

"14.01.1 Institutional Responsibility. An institution shall not permit a student-athlete to represent it in intercollegiate athletics competition the student-athlete meets all applicable eligibility requirements and the institution has certified the student-athlete's eligibility."

C. Bylaws: Amend 14.10.1, page 164, as follows:

"14.10.1 Institutional Responsibility for Eligibility Certification. The chief executive officer is responsible for approving the procedures for certifying the eligibility of an institution's student-athletes under NCAA legislation. The chief executive officer may designate an individual on the institution's staff to administer proper certification of eligibility. Certification of eligibility must occur prior to allowing a student-athlete to represent the institution in intercollegiate competition. See Bylaw 14.01.1."

Source: NCAA Division I Committee on Infractions.

No. 2 Personnel -- Definitions and Applications

Intent: To revise the definition of a coach as specified.

Bylaws: Amend 11.01, pages 55-56, as follows:

"11.01 Definitions and Applications

[11.01.1 unchanged.]

"11.01.2 Coach, Head, or Assistant. A head or assistant coach is any coach who is designated by the institution's athletics department to perform coaching duties and who serves in that capacity on a volunteer or paid basis with no NCAA limitations on earnings.

[Remainder of 11.01 unchanged.]

Source: NCAA Division I Championships/
Competition Cabinet (Bylaw 11 Deregulation Subcommittee).

No. 3 Personnel -- Contractual Obligations

Intent: To eliminate legislation specifying that limitations on the number of coaches do not apply in circumstances where academic tenure, enforceable contracts or formal security-of-employment commitments make it impossible to comply with such limits.

Bylaws: Amend 11.2.3, page 58, as follows:

"11.2.3 Contractual Obligations Honored Subsequent to Adoption of Limits on Numbers. Limitations on the number of coaches do not apply in circumstances where academic tenure, enforceable contracts or formal security-of-employment commitments make it impossible to comply with such limits. These exceptions, which apply only to written commitments, continue until the end of the contract period or normal attrition makes it possible to comply with limitations. Normal attrition shall be defined as the death, retirement or voluntary resignation of an employee or the discharge or transfer of an employee from the athletics department by the institution."

Source: NCAA Division I Championships/
Competition Cabinet (Bylaw 11 Deregulation Subcommittee).

A. Bylaws: Amend 16.01, page 201, as follows:

"16.01 General Principles

"16.01.1 Eligibility Effect of Violation. A student-athlete shall not receive any extra benefit. Receipt by a student-athlete of an award, benefit or expense allowance not authorized by NCAA legislation renders the student-athlete ineligible for athletics competition in the sport for which the improper award, benefit or expense was received. If the student-athlete receives an extra benefit not authorized by NCAA legislation or an improper award or expense allowance in conjunction with competition that involves the use of overall athletics skill (e.g., "superstars" competition), the individual is ineligible in all sports."

"16.01.2 Exception for Benefits Available to Other Students. The receipt of a benefit by a student-athlete or his or her relatives or friends that is not authorized by NCAA legislation is not a violation if it is demonstrated that the same benefit generally is available to the institution's students, their relatives or friends or to a particular segment of the student body (e.g., foreign students, minority students) determined on a basis unrelated to athletics ability."

"16.01.3 Money for Unspecified Expenses. A payment to a student-athlete for unspecified, unitemized, excessive or improper expenses is not permitted."

"16.01.4 Compliance with Legislation for Emerging Sports. Beginning with the 1995-96 academic year, a member institution sponsoring an emerging sport for women (see Bylaw 20.02.5) shall comply fully in that program with all applicable awards and benefits legislation set forth in Bylaw 16."

Source: NCAA Division I Championships/
Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

No. 5 Awards

Intent: To editorially revise the awards section of Bylaw 16, as specified.

"16.1.1.1 Prior to Enrollment. Awards received by an individual prior to enrollment shall conform to the rules of the amateur sports organization that governs the competition and shall not include cash. Such awards may include gift certificates, but may not include cash and items that are not personalized, provided the awards are permitted by the rules of the amateur sports organization.

"16.1.1.2 Awards Received by a Student-Athlete Representing Institution while Enrolled as a Full-Time Student. The awards limitations of Bylaw 16.1 apply to awards received by a student-athlete while enrolled during the academic year (i.e., from the beginning of the fall term through completion of the spring term, including any intervening vacation period) as a regular student in a minimum full-time academic load, or awards received by a student-athlete while representing the student-athlete's institution at any other time. Such awards may not include cash, gift certificates, a cash-equivalent award (i.e., an item that is negotiable for cash or trade or other services, benefits or merchandise) for athletics participation, or a country club or sports club membership.

"16.1.1.3 Student-Athlete Not Regularly Enrolled. Awards received by a student-athlete participating in an event while not enrolled as a regular student during the academic year, or received during the summer while not representing his or her institution, shall conform to the regulations of the recognized amateur organization that governs the competition and may not include cash. Such awards may include gift certificates, but may not include cash and items that are not personalized, provided the awards are permitted by the rules of the amateur sports organization.

"16.1.1.4 Subsequent to Completion of Athletics Eligibility. Awards limitations apply to enrolled student-athletes who have exhausted their collegiate athletics eligibility. An institution shall be held responsible through the Association's enforcement procedures for the provision of improper awards to graduating seniors by the institution or its booster organizations. Awards to graduating seniors may not include cash, gift certificates, a cash-equivalent award (i.e., an item that is negotiable for cash or trade or other services, benefits or merchandise) for athletics participation, or a country club or sports club membership.

[16.1.2 unchanged.]

"16.1.3 Nonpermissible Awards. The following awards are prohibited unless received per Bylaw 16.1.1.1 or 16.1.1.3, except that receipt of a cash award is not permitted under any circumstance.

"16.1.3.1 Cash or Equivalent. An individual may not receive a cash award for athletics participation. An individual may not receive a cash-equivalent award (i.e., an item that is negotiable for cash or trade or other services, benefits or merchandise) for athletics participation.

"16.1.3.2 Gift Certificates. Gift certificates shall be prohibited.

"16.1.3.3 Country Club or Sports-Club Memberships. An award of a country club or sports-club membership is strictly prohibited, even if the cost of the membership is below the maximum award value permitted by NCAA legislation."

[Remainder of 16.1 unchanged.]

Source: NCAA Division I Championships/
Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

No. 6 Expenses -- Other Travel Expenses Provided by the Institution

Intent: To editorially revise the section of Bylaw 16 related to other travel expenses provided by the institution, as specified.

Bylaws: Amend 16.10, page 214-215, as follows:

"16.10 Other Permissible Travel Expenses Provided by the Institution Not Related to Practice or Competition. It is permissible for an institution to provide the following travel expenses not related to practice or competition:

"16.10.1 Permissible

"16.10.1.1 Awards or Recognition Meetings. An institution or representatives of its athletics interests (through the institution) may provide actual and necessary expenses to transport a team to awards or recognition meetings specified in Bylaws 16.1.6, 16.1.7.3 and 16.1.7.4.

"(a) 16.10.1.2 Goodwill Tours. The institution may pay the a Actual and necessary expenses for a student-athlete to participate in a preseason goodwill tour to promote its intercollegiate athletics program, provided the tour does not involve more than two student-athletes in the same sport who have eligibility remaining and is confined to the state in which the institution is located, or within 100 miles of the institution's main campus, if out of state.

"(b) 16.10.1.3 Local Media Appearances. The institution may provide a Actual and necessary transportation expenses for local media appearances (e.g., radio, television, print media) within a 30-mile radius of the institution's campus if the student-athlete's appearance is related to athletics ability or prestige. It is not permissible to pay such expenses for a student-athlete to attend special or single-team promotional media events that are not regularly established local media functions. The institution may pay actual and necessary expenses for its student-athletes to attend local or regional conference-sponsored media days.

"16.10.1.4 Medical Treatment. The institution may pay transportation and related expenses for travel to the location of medical treatment as specified in Bylaw 16.4.1.

"16.10.1.5 Life-Threatening Injury or Illness. The institution may pay transportation and housing expenses for the spouse and the parents (or legal guardians) of a student-athlete and for the student-athlete's teammates to be present in situations in which a student-athlete suffers a life-threatening injury or illness, or, in the event of a student-athlete's death, to provide these expenses in conjunction with funeral arrangements.

"16.10.1.5.1 Immediate Family Member of Student-Athlete. An institution may pay transportation, housing and meal expenses for a student-athlete and the student-athlete's teammates to be present, within a 100-mile radius of the institution's campus, in situations in which an immediate family member of the student-athlete (i.e., spouse, parent and legal guardian, sister, brother) suffers a life-threatening injury or illness or, in the event of an immediate family member's death, to provide the student-athlete and the student-athlete's teammates with expenses in conjunction with funeral arrangements. A preexisting relationship must exist between the student-athlete's teammates and the deceased or injured individual.

"16.10.1.6 Media Days. The institution may pay actual and necessary expenses for its student-athletes to attend conference-sponsored media days and regularly established local or regional media functions.

"16.10.1.7 Promotional, Educational, Charitable or Nonprofit Activities. The institution may provide a student-athlete legitimate and normal expenses related to participation in activities set forth in Bylaw 12.5, provided such participation occurs within the state or, if outside the state, within a 100-mile radius of the institution's campus.

"(c) 16.10.1.8 National Girls and Women in Sports Day/National Student-Athlete Day. An institution may pay a Actual and necessary expenses for a student-athlete to participate in activities and events associated with National Girls and Women in Sports Day and National Student-Athlete Day, provided such activities and events are conducted either in the state in which the institution is located or in Washington, D.C., as part of a national celebration.

"16.10.1.9 National Student-Athlete Day. An institution may pay actual and necessary expenses for a student-athlete to participate in activities and events associated with National Student-Athlete Day, provided such activities and events are conducted either in the state in which the institution is located or in Washington D.C., as part of a national celebration."

[16.10.1.10 renumbered as 16.9-(d) unchanged.]

"(e) 16.10.1.11 Local Transportation. Staff members may provide r Reasonable local transportation to student-athletes on an occasional basis.

"16.10.2 Nonpermissible

"16.10.2.1 Automobile. An institution may not provide the student-athlete with an automobile, under any circumstances.

"16.10.2.2 Returning Home to Receive Award. An institution may not pay the expenses of any student-athlete returning home to receive an award for athletics accomplishments or for other personal purposes.

"16.10.2.3 Summer Job. An institution may not pay a student-athlete's transportation expenses to or from his or her summer job, unless such expenses are paid for all employees in that situation. (See Bylaw 13.13.2.1.1 for additional restrictions governing the employment of student-athletes by camps or clinics.)

"16.10.2.4 Outside Event. An institution may not pay transportation or other expenses for a student-athlete to attend any athletics event when he or she is not representing the institution, except for established national championships (including junior national championships); Olympic, Pan American, World Championships, World Cup and World University Games qualifying competition.

"16.10.2.5 Fellowship of Christian Athletes. An institution may not pay transportation or other expenses for a student-athlete to attend Fellowship of Christian Athletes encampments (see Bylaw 16.11.1.3).

"16.10.2.6 Single-Game Promotional Media Events. An institution may not pay transportation or other expenses for a student-athlete to attend special or single-game promotional media events that are not regularly established local media functions.

"16.10.2.7 Reimbursement for Transportation. An institution or its staff member may not provide transportation (e.g., a ride home with a coach) to an enrolled student-athlete even if the student-athlete reimburses the institution or its staff member for the appropriate amount of the gas expense."

[16.10.2.8 renumbered as 16.10.1 unchanged.]

Source: NCAA Division I Championships/Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

Intent: To editorially revise the permissible and nonpermissible lists of benefits, gifts and services, as specified.

A. Bylaws: Amend 16.12.1.4, page 217, as follows:

"16.12.1.4 Disabling-Injury Insurance. A student-athlete may borrow against his or her future earnings potential from an established, accredited commercial lending institution, exclusively for the purpose of purchasing insurance (with no cash surrender value) against a disabling injury that would prevent the individual from pursuing his or her chosen career, provided a third party (including a member institution's athletics department staff members or representatives of its athletics interests) is not involved in arrangements for securing the loan. The student-athlete shall report any such transactions to the member institution and shall file copies of any loan documents associated with disability insurance and insurance policy with the member institution, regardless of the source of the collateral for the loan. The student-athlete also shall file copies of the insurance policy with the member institution, regardless of whether a loan is secured to purchase the insurance policy."

B. Bylaws: Amend 16.12.1.5, page 217, as follows:

"16.12.1.5 Promotional Activity Prize. A student-athlete from a member institution, selected through a random drawing open to the general public or the student body, may receive a prize as part of a promotional activity conducted by a member institution or held on a member institution's campus.

"16.12.1.5.1 Use of Athletics Ability. Use of athletics ability (e.g., making a half-court basketball shot) to win such a prize in the promotional contest or activity does not affect a student-athlete's eligibility."

C. Bylaws: Amend 16.12.1.7, page 218, as follows:

"16.12.1.7 Local Transportation. Staff members may provide reasonable local transportation to student-athletes on an occasional basis."

D. Bylaws: Amend 16.12.2.3, page 218, as follows:

"16.12.2.3 Other Prohibited Benefits. An institutional employee or representative of the institution's athletics interests may not provide a student-athlete with extra benefits or services, including, but not limited to:

"(a) A loan of money;

"(b) A guarantee of bond;

"(c) The An automobile or the use of an automobile; or

"(d) Transportation (e.g., a ride home with a coach), except as permitted in 16.10.1.11, even if the student-athlete reimburses the institution or its staff member for the appropriate amount of the gas or expense; or

"(de) Signing or co-signing a note with an outside agency to arrange a loan."

E. Bylaws: Amend 16.12.2.4, page 219, as follows:

"16.12.2.4 Preferential Treatment. A student-athlete may not receive preferential treatment, benefits or services for his or her athletics reputation or skill or pay-back potential as a future professional athlete (see Bylaw 16.12.1.4 for disabling-injury insurance exception."

Source: NCAA Division I Championships/Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

No. 8 Complimentary Admissions and Ticket Benefits

Intent: To editorially revise legislation related to complimentary admissions and ticket benefits as specified.

A. Bylaws: Amend 16.2.2.2, page 206, as follows:

"16.2.2.2 Payment to Third Party. Individuals designated by the student-athlete to receive complimentary admissions are not permitted to receive any type of payment for these admissions or to exchange or assign them for any item of value. Receipt of payment for complimentary admissions by such designated individuals is prohibited and considered an extra benefit not available to the general student body, which would render the student-athlete ineligible for participation in intercollegiate athletics."

B. Bylaws: Amend 16.2.2.5, page 206, as follows:

"16.2.2.5 Professional Sports Tickets. An institution or any representative of its athletics interests may not purchase or otherwise obtain tickets to a professional sports contest and make these tickets available to student-athletes enrolled in an NCAA member institution. Such a gift of tickets would represent an unacceptable extra benefit."

Source: NCAA Division I Championships/Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

No. 9 Permissible Expenses -- Student-Athlete's Friends and Relatives

Intent: To editorially revise as specified the section of Bylaw 16 related to expenses for student-athlete's friends and relatives, as specified.

Bylaws: Amend 16.6, pages 209-210, as follows:

"16.6.1 Permissible. An institution may not provide any expenses to a student-athlete's relatives or friends, except as permitted in 16.6.1 and 16.13.

"16.6.1.1 Expenses for Spouse/Children to Postseason Football Game/NCAA Championship. The institution may provide the cost of actual and necessary expenses (e.g., transportation, lodging, meals and expenses associated with team entertainment functions) for the spouse and children of an eligible student-athlete to accompany the student-athlete to a certified postseason football game or an NCAA football championship in the sport of football which the student-athlete is a participant, and in other sports, to one round (conducted at one site) of any NCAA championship in which the student-athlete is a participant.

"16.6.1.2 Expenses for Spouse/Children to NCAA Championship. An institution may provide the cost of actual and necessary expenses (e.g., transportation, lodging, meals and expenses associated with team entertainment functions) for the spouse and children of an eligible student-athlete to accompany the student-athlete to one round (conducted at one site) of any NCAA championship in which the student-athlete is a participant.

[16.6.1.3 through 16.6.1.4.1 renumbered as 16.6.1.2 through 16.6.1.3.1 unchanged.]

"16.6.1.5 Family to Established Recognition Event. An outside organization (other than a professional sports organization) may provide actual and necessary expenses for the student-athlete and the student-athlete's spouse, parents or other relatives to attend a recognition event where the student-athlete receives an established regional, national or international award (permitted by NCAA legislation) for his or her accomplishments as an athlete.

[16.6.1.6 and 16.6.1.7 renumbered as 16.6.1.4 and 16.6.1.5 unchanged.]

"16.6.2 Nonpermissible

"16.6.2.1 Expenses for Visits by Friends and Relatives. An institution or any of its athletics representatives may not provide payment of any expenses (e.g., room, board, transportation) for friends or relatives to visit a student-athlete at the institution where he or she is enrolled.

"16.6.2.2 Expenses for Friends and Relatives to Attend Recognition Events. An institution or any of its athletics representatives may not provide the friends or relatives of student-athletes free admissions or meals in conjunction with the institution's or booster club's recognition banquet.

"16.6.2.3 Expenses for Spouse to Attend All-Star Game. An institution or any of its athletics representatives may not provide payment of expenses for the student-athlete's spouse to accompany him or her to a postseason all-star football or basketball game. Provision of such expenses is considered an extra benefit to the relative of a student-athlete that is not available to the relatives of the general student body.

"16.6.2.4 Other Expenses. An institution may not provide any other expenses (except as permitted in Bylaws 16.6.1 and 16.13) to a student-athlete's friends or relatives."

[16.6.2.5 renumbered as 16.6.2 unchanged.]

Source: NCAA Division I Championships/Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

No. 10 Awards, Benefits and Expenses -- Team Entertainment

Intent: To editorially revise the section of Bylaw 16 related to team entertainment, as specified.

Bylaws: Amend 16.7, pages 210-211, as follows:

[16.7.1 and 16.7.1.1 unchanged]

"16.7.2 Departure/Return Restrictions. It is not permissible for a team to depart more than 48 hours prior to or to remain more than 36 hours after an event or to transport the team to another area for entertainment purposes."

"16.7.2.1 Exceptions. The time limitations related to the provisions of travel expenses do not apply in the following circumstances:

"(a) Travel prior to and following contests in Hawaii or Alaska;

"(b) Travel prior to and following contests in the 48 contiguous states for member institutions located in Hawaii and Alaska;

"(c) Travel prior to and following regular-season competition that takes place during the institution's official vacation period during the academic year;

"(d) Travel prior to contests in NCAA championship events, NGB championship events in an emerging sport or certified postseason football games;

"(e) Travel prior to the National Football Foundation Hall of Fame benefit game or the American Football Coaches Retirement Trust benefit game;

"(f) Travel prior to and following regular-season competition that takes place during the institution's summer-vacation period;

"(g) Travel prior to and following regular-season competition that takes place in one or more foreign countries on one trip during the prescribed playing season and limited to not more than once every four years; or

"(h) Travel prior to the United States Gymnastics Federation (USGF) collegiate championships.

"16.7.3 Films/Movies/Videotapes. The institution may rent a film or movie, provide pay-per-view movies in the student-athletes' hotel rooms or take its intercollegiate team to the movies in conjunction with the student-athletes' home or away-from-home contest (immediately before or during the road trip), the night before a contest without the film or movie being considered an extra benefit not available to the student body. Such entertainment the night before a contest is considered a benefit incidental to the student-athlete's participation.

Source: NCAA Division I Championships/Competition Cabinet (Bylaw 16 Deregulation Subcommittee).

3. Incorporation of Management Council Interpretation. The subcommittee reviewed the following official interpretation issued by the Management Council relating to the definition of voluntary athletically related activities. The subcommittee approved the interpretation for incorporation into the NCAA 2001-02 Division I Manual (bold type indicates new wording; italicized type indicates wording removed).

Playing and Practice Seasons -- Voluntary Athletically Related Activities

Bylaws: Amend 17.02, by adding new 17.02.13, page 224, as follows

"17.02.13 Voluntary Athletically Related Activities. In order for any athletically related activity to be considered 'voluntary,' all of the following conditions must be met:

"(a) The student-athlete must not be required to report back to a coach or other athletics department staff member (for example, strength coach, trainer, manager) any information related to the activity. In addition, no athletics department staff member who observes the activity (for example, strength coach, trainer, manager) may report back to the student-athlete's coach any information related to the activity;

"(b) The activity must be initiated and requested solely by the student-athlete. Neither the institution nor any athletics department staff member may require the student-athlete to participate in the activity at any time. However, it is permissible for an athletics department staff member to provide information to student-athletes related to available opportunities for participating in voluntary activities (for example, times when the strength and conditioning coach will be on duty in the weight room or on the track). In addition, for student-athletes who have initiated a request to engage in voluntary activities, the institution or an athletics department staff member may assign specific times for student-athletes to use institutional facilities for such purposes and inform the student-athletes of the times in advance;

"(c) The student-athlete's attendance and participation in the activity (or lack thereof) may not be recorded for the purpose of reporting such information to coaching staff members or other student-athletes; and

"(d) The student-athlete may not be subject to penalty if he or she elects not to participate in the activity. In addition, neither the institution nor any athletics department staff member may provide recognition or incentives (for example, awards) to a student-athlete based on his or her attendance or performance in the activity.

"[Note: Coaching staff members may be present during permissible skill-related instruction requested by the student-athlete pursuant to Bylaw 17.1.5.2.1]"

Source: NCAA Division I Management Council (04/10/01) .