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The NCAA Convention offered an extensive menu of Association-wide educational sessions on Saturday, January 8. Following is a brief summary of those sessions.
Fair Labor Standards Act: To Exempt or Not Exempt
More than 200 athletics administrators seeking clarification on how new federal regulations regarding overtime pay affect assistant coaches heard from NCAA Associate General Counsel Scott Bearby; Abe Frank, NCAA managing director of government relations; and American Council on Education Vice-President and General Counsel Sheldon Steinbach.
Concerns include whether employees holding the title of assistant coach are considered "exempt" from overtime compensation. The new regulations that went into effect August 23 raised the salary requirements for exempt employees to $455 per week or $26,660 per year, which has affected several institutions, particularly in Divisions II and III. That has caused institutions to seek exemptions through the types of duties their personnel perform.
Regulations aren't as clear in that area, however, which has prompted significant confusion among member institutions. Bearby in fact said he had received more than 100 calls from members seeking clarification in the time since the regulations went into effect.
"Welcome, potential defendants," Steinbach said as he addressed the crowded ballroom, alluding to the need for institutions to work diligently with their human resources staffs to make sure their personnel are in compliance. Steinbach referred to guidelines that had been provided (also available at www.ncaa.org) to help institutions come to grips with the regulations.
Since no job is exempt from overtime because of its title alone, the actual duties of the individual performing the job must be examined. Bearby told attendees that generally, assistant coaches will be exempt as long as their primary duty is exempt work, which includes academic instruction or training, or tasks that require "independent judgment," such as deciding whom to recruit and in what region, for example. He also urged institutions to document those duties, since the labor department tends to look more favorably on arguments that have been made in advance, rather than those that have been developed only after a complaint has been filed.
But panelists emphasized that there doesn't seem to be a "cookie-cutter" approach to compliance. Even the guidelines, Bearby said, are not intended to be a substitute for administrators consulting their own legal counsel. Rather, he said, members should conduct their own evaluation and consult legal counsel to determine the new rules' application to assistant coaches at their institution.
In the question-and-answer session that followed, however, one attendee from a Division III school asked if the NCAA staff could help formulate a "conceptual argument" regarding people who have worked for years as volunteers or simply for honorariums.
"We're looking for help from the NCAA," the participant said. "The first thing our human resources people ask when we bring them these situations is, 'What does the NCAA say?' "
-- Gary T. Brown
Student-Athlete Insurance: Requirements and Issues
As the date approaches by when Divisions II and III institutions must certify that student-athletes are covered by basic accident insurance, a panel of administrators and insurers offered suggestions for complying with the requirement -- and acknowledged that the legislation is creating some anxiety.
The certification requirement, which in Division II also applies to cheerleaders and such personnel as coaches, managers and athletic trainers, is effective August 1. Division I is expected to act in April on proposed legislation implementing the requirement, under which member institutions must certify that student-athletes are covered by accident insurance up to the deductible for the NCAA's catastrophic-accident injury insurance program (which will increase to $75,000 August 1).
Under the legislation, insurance may be purchased by the student-athlete, by parents or guardians, or the institution -- or a combination of those sources. The institution is obligated to retain in its files a form for each student-athlete certifying that coverage is in place. Student-athletes cannot compete unless they are insured.
Panelists emphasized the importance of disclosing to student-athletes and their parents whether any insurance will be provided by the institution, and what coverage must be obtained by student-athletes before they will be permitted to participate in sports.
They also acknowledged that the requirement is prompting a range of anxieties -- from concern that some institutions' ability to provide insurance puts other institutions at a recruiting disadvantage, to difficulties in obtaining accurate proof of insurance coverage from student-athletes.
Panelists pledged to provide resources on the NCAA Web site by early February to assist with compliance.
In a related matter, the Division III Presidents Council adopted noncontroversial legislation during its January 8 meeting to amend the certification requirement. The action affirms that failure by an institution to certify insurance coverage before a student-athlete's participation in athletics would constitute an institutional violation under NCAA Constitution 2.8.1, but ensures that such a violation will not render a student-athlete ineligible. The student-athlete, however, still must be insured to compete.
-- Jack Copeland
Integration of the Student-Athlete: The Who, What, How and Why of Successful Programs
NCAA delegates were reminded that the diversity of student-athletes on their campuses could lead to integration struggles for minorities and international students to college life.
Judith Sweet, NCAA senior vice-president for championships and education services, moderated a panel that included Ron Stratten, NCAA vice-president for education services; Deborah Stanley, president of the State University of New York at Oswego; and J.C. Watts, a former U.S. Congressman and standout quarterback at the University of Oklahoma.
Stratten shared his background growing up in the San Francisco Bay area and trying to adjust to campus life at the University of Oregon in the 1960s. Simple tasks such as finding a place to have his hair cut were a challenge.
With the proliferation of international students on college campuses, some may have trouble adjusting to the food, which may be different from the culture they grew up in.
"One of the critical things we need to do is show the student-athlete that he or she is valued,'' Stratten said.
Stratten asked members of the Divisions I, II and III Student-Athlete Advisory Committees who were present, "How many of you in the first year or two of college feel isolated and that your voice isn't being heard?''
The point being is that sometimes it's difficult for a student-athlete to look long-term when he or she is unhappy in the present.
Watts, who quarterbacked Oklahoma to back-to-back Orange Bowl victories in 1980 and 1981, said he quit college twice his freshman year because of feeling isolated.
"I just thought college wasn't my cup of tea,'' Watts said. "I didn't think it was my purpose in life to spend the next four or five years at Oklahoma. My father told me I was at the age where I had to make up my own mind. He said he wanted me to know that if what I was doing was easy, everybody would be doing it.''
Stanley added that presidents must set the tone on their campuses to make sure students know that their voices and concerns matter.
-- Greg Johnson
Maintaining Olympic Sports at the NCAA Level: Ideas from the USOC/NCAA Task Force
Both the NCAA and the United States Olympic Committee have a vested interest in maintaining Olympic sports at the collegiate level, a panel of task force members told NCAA Convention delegates, and the goal is to expand the number of Olympic sports offered by NCAA member institutions.
"It is not enough to stop the bleeding," task force chair and Indianapolis attorney Jack Swarbrick said. "We want to heal the wound."
Swarbrick and other task force members gave an overview of the mission, goals and operating principles of the group and identified a list of NCAA championship sports the members considered most endangered, including gymnastics for both genders and men's rifle, volleyball, water polo, wrestling, swimming and diving, tennis, indoor track and outdoor track.
Two members, University of Arizona President Peter Likins and Saint Louis University Director of Athletics Cheryl Levick, said the financial constraints of some athletics departments could be prohibitive, but that the group wants to work to come to some sort of resolution that will be beneficial to both sides.
"Everyone in this room truly believes in the value of these sports," Levick, a former gymnastics coach and synchronized swimmer, said. "While we value the participation, how are we going to pay for it?"
The task force, formed in May 2004, is charged with devising a set of recommendations by September 2005. Swarbrick said he considers the committee to be about "midway" in the process, and he could not share any possible recommendations with the group.
Likins said it was important for the group to make its recommendations and for those ideas to then be implemented, because he believes that a decade from now, it will be too late.
"It's going to take money, but more than that it's going to take will," he said.
-- Michelle Brutlag Hosick
Report from the NCAA Sports Wagering Task Force
The NCAA Sports Wagering Task Force continues to prepare findings and recommendations, but it used the Convention as an opportunity to provide some preliminary information.
In addition to manning an information booth in the Gaylord Texan's convention center, NCAA staff members working with the task force presented as Association-wide educational session about that group's work.
Several initiatives are gaining momentum, including efforts by coaches associations to support anti-sports wagering efforts, said Bill Saum, NCAA director of agent, gambling and amateurism activities.
The American Football Coaches Association, National Association of Basketball Coaches and Women's Basketball Coaches Association all have sponsored or are planning awareness activities for their members.
Saum said coaches in other sports also have expressed interest in working with the national office staff to establish educational programs for coaches and student-athletes in those sports. He specifically cited lacrosse, which was among sports that had the highest proportions of student-athletes reporting that they have wagered on collegiate competition, according to the 2003 NCAA National Study on Collegiate Sports Wagering and Associated Behaviors.
Saum also noted findings that student-athletes in Divisions II and III participate more in wagering than athletes in Division I -- a finding that prompted Division III to devote time to the topic during its January 10 business session.
During that session, two Division III representatives on the task force presented data and discussed current and anticipated initiatives that specifically will address the division's concerns about sports wagering.
Brady Barke, a basketball and golf student-athlete from Webster University, presented data on the percentages of Division III student-athletes who reported wagering and the reasons they cited for doing so,
Douglas Hasted, chancellor of the University of Wisconsin, La Crosse, cited a small but significant number of enforcement cases involving wagering at Division III institutions among reasons for pressing forward with awareness activities. He noted three cases in 2003 involving coaches or staff members, and one case in 2004 involving male student-athletes.
-- Jack Copeland
Creating a Collegial Environment: A Positive Competitive Environment for Student-Athletes
Woody Gibson, athletics director at High Point University and chair of the NCAA Committee on Sportsmanship and Ethical Conduct; Alfreeda Goff, senior associate commissioner of the Horizon League; and Jay Murphy, baseball coach at Cleveland State University, were panelists for this session.
Discussion centered on how the various stakeholders in intercollegiate athletics -- including game officials, fans, student-athletes and coaches -- can assist in fostering a collegial environment.
Gibson said the sharing of best practices and educational policies concerning behavioral issues at the institutional and conference levels is a primary goal of his committee.
Goff provided examples of what the Horizon League has done to improve the atmosphere within that conference. One is to form an ethical conduct committee that consists of presidents, athletics directors, senior woman administrators, faculty athletics representatives, coaches and student-athletes.
"We have an ongoing model and we're tweaking it every year,'' Goff said. "We get feedback from all of our constituents.''
Coaches and student-athletes are required to sign an "ethical conduct plan" with each institution and are given the authority to hand down punishment should the agreement be broken, Goff said.
Murphy believes a uniform code of ethics at the institution, conference and national levels is the key to having student-athletes receive the message.
"The rules can't be any different than what your team policies are,'' Murphy said. "They can't be different from what your athletics department's are or your university's policies are. We break the rules down educationally. It's not done only in a tone of 'this is the rule,' but also, 'this is why this is a rule.' ''
-- Greg Johnson
Decrease Liability, Increase Performance: Attending to Student-Athlete Mental Health
The mental-health status of student-athletes is more serious than many athletics officials realize, according to a panel of experts. Phil Satow, who founded a suicide-prevention group after his college-age son, Jed, took his own life, gave the group sobering statistics: 10 percent of college students consider suicide every year, and 1.6 percent actually attempt it.
Satow said most senior officials at colleges and universities are unaware of the problem and departments don't often communicate with each other. Ron Gibori, who works with Satow at the Jed Foundation and was a fraternity brother of Jed Satow at the University of Arizona, said most students are unaware of or unwilling to seek what resources their institution might have.
"Students look at their university as a closed fist, not an open hand," he said. Because of that attitude, the Jed Foundation created U-Lifeline, an Internet-based support network that provides institution-specific information about counseling opportunities, mental-health plans, suicide prevention and other similar issues. It also offers a screening program that users can use for themselves or a friend. The site can be accessed at www.ulifeline.org
"It's better to get your friend help and be wrong than be right and do nothing at all," Gibori said.
Another panelist, Brian Quinnet of the QPR Institute, spoke about the stigma surrounding mental-health issues, especially in the athletics arena. Many athletes consider struggles with mental health to be a sign of weakness in themselves or others, he said, but that attitude causes a conundrum of its own.
"The straight-A student and the captain of the team can be just as depressed as anybody else out there," he said.
Quinnet said becoming a collegiate student-athlete for the first time brings with it several kinds of stressors -- athletics and academic pressures, a change in lifestyle and the absence of friends and family that had been a strong support system.
Educating coaches and other institution officials about the value of cross-communication and recognizing the signs of depression and other mental-health situations are important parts of improving the performance of student-athletes, panelists said. Satow recommended forming an institution-wide task force to deal with student and student-athlete mental-health issues.
"We all at one time in our life may have emotional difficulties," Satow said. "We should be helping students deal with life problems."
-- Michelle Brutlag Hosick
Generating New Revenue: The Donor$ Perspective
How to generate and maintain high levels of institutional giving in the midst of an unforgiving economic climate is a popular topic judging from the number of athletics administrators who filled the ballroom for this session. Panelists included institutional development officers V.J. Smith of South Dakota State University and John Greene of Pennsylvania State University. Entrepreneur Donna Tuttle, who owns or co-owns several sports franchises, also participated on the panel.
All three emphasized the relationship component of successful giving. Smith in fact advised attendees to honor "the four Ps" of donor relationships.
"The first is to pay attention," Smith said. "Listen to donors, find out what they like and what they don't like. Giving is not about us -- it's about them."
Smith's other "Ps" are (1) planting seeds through strategic research of existing and potential donors, (2) exhibiting patience when building donor relationships and (3) be perpetually grateful when giving occurs.
"Thank people in unique and creative ways," Smith said. He gave as an example a case at South Dakota State in which student-athletes signed an oversized thank-you card created specially for a particular donor. "People should never question our gratefulness. Saying thank you is central to what we do in development."
To emphasize the point, Smith, known for his creative public speaking, left the dais, went into the crowd and literally threw hundreds of business-card-sized thank-you mes sages into the air for attendees to take with them. The card reads: "Thank you sounds good in any language, doesn't it? Say it often, people will love you for it." On the back of the card are the words "thank you" in several languages.
Tuttle told attendees that donors give because of self-interests, an emotional connection with the university or the cause, and because they enjoy a sense of belonging to a "club" atmosphere. They also tend to like recognition and access to influential people on campus, she said.
"Find out donors' special interests," Tuttle said. "Research their backgrounds before you make your pitch. Find their buttons and push."
Tuttle also said to focus on women as potential donors, since they compose more than 50 percent of graduating classes and are the majority of business owners.
"And I hate to remind the men in the room," she said, "but we do tend to outlive you."
-- Gary T. Brown
Event Security: Best Practices for Preparing for and Dealing with Threats or Incidents
Creating a plan for producing safe, secure events and testing that plan in advance are the best steps a coordinator can take toward event security, according to panelists at this session.
Don Hancock, director of education, research and development for the International Association of Assembly Managers, noted that the increase in fan and player misbehavior created a renewed emphasis on security at sporting events.
Planning, he said, is fundamental, and must include strategies for crowd management, crisis communication and emergencies such as fire, bomb threats and terrorist threats.
Hancock suggested connecting levels of security at a stadium or arena to mirror the nation's color-coded terrorist alert system. For example, at a certain level of alert, deliveries would not be allowed the day of an event. At another level, fans would not be allowed to bring in bags or posters.
Greg Shaheen, NCAA vice-president for Division I men's basketball and championship strategies, said security efforts begin with being aware of the possibility that an incident could occur.
Event planners also must develop an emergency process, including communication strategies and contingency plans that provide individual responsibilities for specific people. That plan then needs to be tested and rehearsed, with results analyzed and improved upon.
As soon as an incident or crisis occurs, a quick and methodical analysis taking into account all options and their possible impacts will "avoid ill-considered decisions made in the heat of the moment," Shaheen said.
He suggested appoint an "incident assessment team" with representatives from an institution's financial, legal and communications departments. That team would be responsible for briefing senior management and planning for a response to the incident or crisis.
After the incident is resolved, Shaheen recommended a "recovery" stage in which officials review and document the lessons learned and incorporate them into future planning.
-- Michelle Brutlag Hosick
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