NCAA News Archive - 2001

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Interpretations


Jan 29, 2001 10:30:19 AM


The NCAA News

2000 Telephone Conference No. 20
December 13, 2000

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

Review of Adidas Design Limits

1. Guidelines provided. The subcommittee reviewed and approved existing and additional guidelines related to design elements that appear on Adidas apparel items (Guidelines Related to Review of Adidas Apparel Items). The guidelines adopted by the subcommittee are provided below and are to be used by the membership when determining if Adidas apparel items meet the provisions of NCAA Bylaw 12.5.4-(b).

Guideline No. 1: If any particular item of apparel (for example, shirt or shorts) has a base color, that base color will not be considered a stripe in determining whether the item contains design elements similar to the Adidas logo or trademark. For example, a pair of blue shorts that includes two white descending stripes with an intervening blue stripe (that is the same color of blue as the base color) would not be considered to have three stripes and, thus, would not be subject to the restrictions set forth in Bylaw 12.5.4-(b).

Guideline No. 2: If an institution's official uniform or any other item of apparel contains three stripes that are not similar in width, the three stripes would not be considered a design element similar to the Adidas logo or trademark and, thus, would not be subject to the restrictions set forth in Bylaw 12.5.4-(b). For purposes of this guideline, three stripes will be considered "similar in width" if the three stripes are consistently proportionate in width to one another.

Guideline No. 3: If an institution's traditional uniform includes design elements (for example, three stripes, diamonds) similar to an apparel manufacturer's logo or trademark, such elements would be excluded from the application of design restrictions set forth in Bylaw 12.5.4-(b), provided:

(1) The design elements on the institution's traditional uniform predate any contractual agreement with the supplying apparel manufacturer or distributor whose logo/trademark is similar to the institution's design elements; and

(2) The design elements on the institution's traditional uniform are not altered in any manner subsequent to the institution's contractual agreement with the supplying apparel manufacturer or distributor.

Guideline No. 4: Adidas may use three adjacent stripes of different colors not separated by an intervening background color, provided the three stripes are immediately adjacent to one another (i.e., no intervening base or background color between the stripes similar to the Adidas trademark is permitted).

Guideline No. 5: Adidas may use design elements other than stripes, such as circles, squares, triangles, chevrons and boomerangs, provided the circles, squares, triangles, chevrons and boomerangs are not arranged in a manner that creates the appearance of three stripes. If boomerangs or chevrons are to be used on an apparel item, the item may not contain three boomerangs or three chevrons that are "similar in width" (as defined in Guideline No. 2 above).

Guideline No. 6: Adidas may use design elements in the circular bands of ribbing around a garment's cuffs, waistband and neck hole that are commonly produced by outside manufacturers and are industry-standard for all apparel manufacturers.

Guideline No. 7: Adidas may use three stripes of differing colors (separated by an intervening base or background color) that do not run vertically down the length of a sleeve, inseam or leg of a garment, provided:

(1) The three stripes are of at least two different colors (for example, two blue stripes with a red stripe in the middle); and

(2) The actual Adidas logo/trademark appearing on the item consists of a single color that is different from the colors of the stripes appearing on the item. If the color of one of the stripes is black or white, the Adidas logo/trademark may be entirely black or white.

Financial Aid/Aid to Attend Another Institution

2. Providing Institutional Financial Aid to Take Remedial Courses at Another Institution. The subcommittee requested that the NCAA Division I Academics/
Eligibility/Compliance Cabinet Subcommittee on Continuing Eligibility and the NCAA Division I Committee on Financial Aid consider sponsoring a legislative proposal to permit an institution to provide financial aid under limited circumstances for its student-athletes to take remedial courses at an institution other than the certifying institution. [References: Bylaws 14.1.6.2.4 (concurrent courses at two institutions), 15.01.1 (institutional financial aid permitted), 15.01.1.1 (financial aid to attend another institution) and 15.01.5 (eligibility of student-athletes for institutional financial aid).]

Ethical Conduct/Academic Fraud

3. Definition of Institutional Staff Member. The unethical-conduct provisions set forth in Bylaw 10.3 applicable to institutional staff members include any individual who performs work for the institution or the athletics department, even if the individual is a student at the institution (for example, student manager, student trainer) and/or does not receive compensation from the institution for performing such services (for example, volunteer coaches, undergraduate assistant coaches and graduate assistant coaches). [References: Bylaws 10.1 and 10.1-(b) (unethical conduct), and official interpretation 09/06/00, Item No. 1.]


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