Typically, the topic is Division I in particular, and sometimes the media, the general public and even representatives from NCAA member institutions are confused by a particular piece of NCAA legislation or its interpretations.

On the other hand, many misunderstandings can be traced to a few noteworthy Division I bylaws and a few pieces of legislation within them, making an examination of those bylaws particularly useful. With that in mind, "Bylaw 101" is intended to shed a bit of light on those particular corners of the Manual. Because of the NCAA's federated structure and differences in legislation, this section of Bylaw 101 is a Division I course.

To undertake this unusual task, The NCAA News enlisted the assistance of Stephen A. Mallonee, NCAA director of membership services/Division I governance liaison. Mallonee shared with The News some frequently misunderstood legislation -- addressing why the membership enacted it, what it is intended to accomplish (or prevent) and why it can be confusing or controversial.

Rules of the game

Those committees include the Division I Student-Athlete Advisory Committee; the Division I cabinets (composed of instititional and conference athletics administrators); the Division I Management Council (composed of athletics directors, senior woman administrators, faculty athletics representatives and conference commissioners); and the Division I Board of Directors (composed of institutional presidents).

Bylaw 12 -- Amateurism

One part of the bylaw that many people in the membership and in the public find confusing is how the association defines a "professional team." This distinction is important because it impacts other legislation later in the bylaw.

"One element of the definition that's particularly confusing is the fact that the legislation uses the word 'professional team' numerous times to define what is professional," said Mallonee. "In that regard, the language is rather circular and difficult to understand."

Another element that makes this bylaw confusing is how people think about and define pro teams for themselves is not necessarily how Division I has defined it. "People know that the NBA, the NFL, Major League Baseball and the WNBA, all of those teams pay their players, and some people think that if any of the players on the team are paid, then it's a pro team. But that's not true.

"Our definition will allow a young man or young woman to play on a team that considers itself amateur, even though the team may pay some of the players," Mallonee said. "The perfect example of that was the women's U. S. Olympic basketball 'Dream Team' that included Chamique Holdsclaw, (who was still a student-athlete at the University of Tennessee, Knoxville)."

Holdsclaw could play on the team without jeopardizing her eligibility because, Mallonee said, although there were other players who received monetary compensation for their participation on the team, Holdsclaw received only actual and necessary expenses, and the team held itself out to be an amateur team preparing for and participating in the Olympics.

This definition has been a particular problem over the years with international student-athletes, Mallonee said. "It's often difficult for member institutions to pin down foreign teams and find out whether or not they hold themselves out as professional teams," he said.

While it can be difficult, it is each institution's responsibility to make the effort to learn more about the experiences of a foreign student-athlete if it chooses to recruit such a player.

"It's up to the institution initially to research whether the team holds itself out as a professional team or an amateur one," Mallonee said, noting that how the team operates, not just what it calls itself, is a factor. In some instances, the NCAA enforcement staff may become involved, committing quite a bit of legwork in an effort to determine whether the nature of the team is truly professional or amateur.

Mallonee said the intent behind current legislation is to draw a line between an individual participating as a professional and one who participates as an amateur, and that need will still exist, regardless of any amateurism deregulation currently proposed in Division I.

"The whole idea behind the bylaw is to support a demarcation between professional athletics and amateur athletics. Teams that hold themselves out as professionals, who are playing for money and as entertainment rather than for the educational or cultural experience, for example, are inconsistent with the NCAA's educational mission, regardless of whether the athletes are paid or not," Mallonee said. "That will still be true under the amateurism deregulation that's being proposed."

And, if Division I passes the pre-enrollment package of amateurism deregulation that's been proposed and is currently out for comment, institutions will still need to understand the existing definition of professional teams.

"The confusion will still be there, and the rule will still be valid, but it will become less relevant for pre-enrolled student-athletes," Mallonee said. "If the amateurism deregulation proposals pass, then the question will become, 'Was it organized competition for the purposes of the new organized-competition rule,' which will have other ramifications."

Bylaw 13 -- Recruiting

Both ends of the definition can be troublesome for member institutions and the public, and much other legislation is affected by whether a person is indeed a prospective student-athlete, making that determination an important one.

A youngster becomes a prospective student-athlete either when he or she has started classes for the ninth grade or when an institution provides him or her (or relatives or friends) with any financial assistance or other benefits not available to prospective students in general.

"Before the membership passed this legislation (in 1990), an individual was considered a prospective student-athlete from 'cradle to grave' (until becoming a student-athlete)," Mallonee said. "But the membership began looking at it and said, 'At what age do we really want to start regulating recruitment?' "

The membership also recognized the need to prevent a loophole that could have resulted in the giving of gifts to youngsters before the ninth grade. So, into the legislation went the clause that makes youngsters a prospect as soon as they receive any individual assistance or benefits from an institution.

"That is in there to stop a school from giving a significant material benefit to a potential elite player who has yet to start ninth grade," Mallonee said.

The other end of the definition -- when a prospect becomes a student-athlete -- is frequently confused because of the National Letter of Intent program, which is not administered by the NCAA, though the NCAA is occasionally criticized for its implementation.

"Actually, according to NCAA rules, that person (who signed) could still theoretically attend another institution. The National Letter of Intent program is implemented by conferences, and, although it can alleviate pressure on a prospect who has reached a decision regarding the college of choice, it also assists institutions in protecting their recruiting interests. The NCAA legislation defining a prospective student-athlete is intended to protect the prospective student-athletes' interests and provide for equity in the recruiting process."

The individual remains a prospect until he or she either enrolls full-time and attends classes during the "regular academic year (excluding summer)" or "participates in regular squad practice that occurs before the beginning of any term."

Athletes who have not enrolled in a regular academic year or begun regular practice are technically not a part of the institutions' teams until that time. Instead they are prospects, and while they are still prospects, all the rules regarding prospective student-athletes apply, including the ones that state institutions may not give the prospects shoes or equipment. The prospects also may not work out with coaches -- even those voluntary workouts conducted by strength and conditioning coaches that are permissible for enrolled student-athletes.

This rule confuses some people who think that a freshman basketball student-athlete who is attending summer school, for example, is a student-athlete of the institution. Instead, the student-athlete is a prospect until he or she begins regular squad practice or enrolls in and attends classes during the "regular academic year" that fall.

Bylaw 14 -- Eligibility

14.1.1. -- Postseason and Regular-Season Competition

14.1.6.2.1.2 -- Eligibility Between Terms

14.1.8 -- Change in Eligibility Status

To compete in intercollegiate athletics at an NCAA member institution, student-athletes must remain in good academic standing, both with their institutions and with the NCAA, and they must have their eligibility certified by their institutions to verify that standing. Certification of NCAA continuing eligibility generally occurs once per year, in the fall.

"That certification technically is good for the entire year, unless the student-athlete falls out of good academic standing," Mallonee said. "And most institutions' second terms don't start until January, so most institutions don't certify until that point."

The way the rule works in practice, a student-athlete conceivably could fail all classes in the fall -- or even stop attending classes altogether -- and still be eligible to participate in a postseason bowl game. One prominent football player did precisely that a few years ago, creating a discussion of the rule's implementation and the unintended consequences of its use on some campuses.

"A football player who has his eligibility certified in the fall, enrolls in 12 hours and has decided to pursue a professional career the following year in the NFL, for example, could just stop going to class. He will get failing grades, but by the time the institution certifies again in January, that semester is over and the bowl game likely is already played."

That scenario is troublesome because the rule's intent is to ensure that the academic and educational benefits of college occur at the same time as the athletics competition, Mallonee said.

"The student-athlete who participates while not going to class is not getting any of the academic or educational benefits of college, yet is allowed to participate in athletics competition," Mallonee said. "That is inconsistent with the Association's philosophy that the two should go hand in hand."

Many institutions have dealt with this "loophole" by requiring class attendance themselves.

"If institutions want to have checkpoints, and wish to implement policies to ensure that all student-athletes are going to class, they are free to do that," Mallonee said. "Unfortunately, the talent level of some of these student-athletes sometimes skews those decisions, leading some institutions to look the other way."

A proposal to require midyear certification, or certification before postseason play, was defeated this year in Division I by a close margin.

In addition, in some sports, such as basketball, the proposal could have resulted in a student-athlete competing in a significant portion of the regular season with advance knowledge that he or she would not be eligible for the championship.

"I believe the Division I presidents are looking at some sort of a check, whether it is term-to-term or certification before participation in championships, but both have some flaws that need to be addressed," Mallonee said. "At this point, the membership continues to study the issue and be concerned about it. The Academics/Eligibility/Compliance Cabinet has been asked to accelerate its examination of term-by-term certification."

Bylaw 15 -- Financial Aid

15.02.5 -- Full Grant-in-Aid

15.1.1 -- Types of Aid Included in Limit

16.13.2 -- Student-Athletes in Financial Need

NCAA legislation has provided for regulation of financial aid to student-athletes since 1952 when the membership passed a new "Principle Governing Financial Aid," which acknowledged for the first time that member institutions could provide financial assistance based on athletics ability.

In recent years, critics of the NCAA have been bolstered by complaints from student-athletes who live off campus and have asserted that they are not able to adequately provide for their own food, leading some members of the media and some members of the public to call for additional stipends or actual pay for student-athletes. Misunderstandings about what and how much aid is available to needy student-athletes are at least partly to blame for the debate, Mallonee said.

"Under our current rules in Division I, student-athletes receiving a full grant-in-aid have their educational expenses paid for -- in other words, tuition and fees, room and board and all required books," Mallonee said. "And, if an individual truly is a needy student, there are at least three avenues of financial assistance for that person, that could potentially total up to $5,000 over a full grant-in-aid."

Also, after an academically eligible student-athlete has completed one year in residence at an institution, he or she may engage in employment during the academic year, earning up to an additional $2,000. Institutions may assist the student-athlete in finding a job, and he or she may even work for a booster, provided the employment is legitimate. Student-athletes also are free to earn an unlimited amount for legitimate employment during the summer months.

"Student-athletes are allowed one training-table meal, and the other two meals are supposed to be with the student body," Mallonee said, noting that the membership had instituted that change a few years ago to provide student-athletes with a more normal campus experience and more interaction with the student body.

Part of the confusion over whether student-athletes are provided with enough food, or enough funds for food, comes from the fact that student-athletes are allowed to live off campus.

"Student-athletes are permitted to live off campus at many institutions, and they do receive a stipend for room and board," Mallonee said. "Unfortunately, some of them do not budget the money wisely and then it's gone. If a student-athlete uses a stipend check for a down payment on a car, when the intent of the stipend is that it be used on room and board, then obviously there may be less money with which to eat breakfast or lunch."

A student-athlete who still has outstanding need, say for reading glasses, a heavy winter coat or other necessities, can access the NCAA Special Assistance Fund for such items, Mallonee said.

"The point is, that when you compare student-athletes to the normal student, they are much better off financially," Mallonee said. "And the purpose of the legislation is to support their education. If they are there to get an education and play a sport, there are plenty of resources for them to live comfortably while getting an education -- and that includes covering social functions such as going out on a date or going to the movies. If they wish to buy a car and wear expensive jewelry, then no, they may not have the funds to purchase such items."

Bylaw 16 -- Awards, Benefits
and Expenses

16.02.3 -- Extra Benefit

16.3.2 -- Permissible

16.3.3 -- Academic and Other Support Services

16.12.1 -- Permissible Benefits, General Rule

16.12.2.4 -- Preferential Treatment

One of the most difficult concepts for members of the general public to understand is that of "extra benefits." In general, student-athletes are not supposed to receive benefits --cars, clothes, money, gifts -- that are not generally available to regular students.

"The rule starts with the premise that student-athletes are in school to be students, and they should not get special benefits simply because of their status as an athlete or their potential as a professional," Mallonee said. "Admittedly, that concept, in and of itself, can be a difficult one to accept, particularly given the notoriety that many athletes have achieved in the public's eye."

That means the local shoe store should not be giving athletes discounts that are not available to regular college students, and the football star should not be driving a new car provided by a booster. But it also means that the student-athlete whose family is poor should not be getting funds from boosters to help pay the rent on the family home. That scenario has caused critics of the NCAA to characterize the Association as heartless or uncaring.

Student-athletes can and do receive a number of authorized benefits, but again, those benefits generally have been linked to either the educational or athletics endeavors of the student-athletes.

"Student-athletes get a number of benefits that the NCAA membership has determined are 'incidental to participation' in athletics," Mallonee said, noting that among the permissible benefits are: academic counseling and tutoring, career counseling, counseling expenses related to drug rehabilitation or eating disorders, use of computers and typewriters, athletics medical insurance, glasses or contacts for sports participation, medical examinations, medications and physical therapy, surgery for injuries sustained while participating, complimentary admission to games (for friends or family) and the ability to travel to foreign countries, as well as access to the previously mentioned NCAA Special Assistance Fund.

"In general, the Association looks at the motivation behind the benefit. If this person were not an athlete of notoriety, would this benefit be coming their way? Our membership is not concerned with gifts from people who have been family friends for 20 years. But the membership is concerned about protecting student-athletes from people who are motivated by exploitation and greed, people who befriend a student-athlete with the hope of getting something monetarily out of the relationship."

Mallonee also points out that, in the vast majority of situations, student-athletes are doing the right things for the right reasons, and they rarely run afoul of NCAA legislation.

"Ninety-five percent of student-athletes are on campus to go to school, and most of them balance academics and athletics in an admirable way," he said. "Unfortunately, those are not always the student-athletes who people hear about."