NCAA News Archive - 2000

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Interpretations


Jul 3, 2000 2:16:57 PM


The NCAA News

In-person meeting No. 3
June 6, 2000

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

Financial Aid/Permissible Fees

1. Required Fees Provided to Student-Athletes. An institution may provide required institutional fees as part of a grant-in-aid only if such fees are related to an academic course that is part of the institution's regular curriculum (i.e., the fees are included in the institution's catalog of classes and the institution pays the same fees for all students enrolled in the course who receive fees as part of a grant-in-aid). It is not permissible for an institution to pay other non-course-related required for all students (for example, health insurance), unless such fees are provided to the general student body or a particular segment of the student body on a basis unrelated to athletics ability. [References: Bylaws 15.2.1.1. (permissible fees); 15.2.1.2. (optional fees); 16.4.2 (nonpermissible medical expenses).]

Day Planners/Proposal No. 99-66

2. Institution Contracting with an Outside Entity to Develop and Produce Day Planners. Pursuant to Proposal No. 99-66, if an institution provides a day planner to its student-athletes, the content of the day planner must be developed and produced exclusively by the institution. However, it is permissible for the institution to outsource those activities related to the physical assembly of the day planner (for example, binding and copying). [Reference: Proposal No. 99-66 (permissible academic and support services -- day planners).]

Contest Exemptions/Certified Basketball Events

3. Format of Certified Basketball Events. A sponsoring entity that wishes to conduct a certified event in a U.S. state or territory outside the 48 contiguous states (i.e., Puerto Rico, Alaska, Hawaii, Virgin Islands) must conduct all competition within such state or territory. [References: Bylaws 30.10 (contest exemptions), 30.10.1 (basketball exemptions), 30.10.1.3 (sponsoring agency), 30.10.2 (football exemptions), 30.10.2.2 (sponsoring agency), 30.10.3 (sports other than basketball or football), 30.10.3.3 (sponsoring agency).]

Amateurism/Benefits

4. Benefits Resulting from a Relationship Established Prior to 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 collegiate enrollment from someone other than a family member or legal guardian, and 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?

* Was 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 (i.e., 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); 16.12.2.4 (preferential treatment).]


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