April 14, 2004

In addition, this column includes two actions the Management Council took during its April 19-20 meeting in Indianapolis to reverse two previously issued interpretations.

Recruiting/Tryouts

Selection of Participants in an "Open" Event. The subcommittee reviewed a previous interpretation, which stated that a competitive event that permits any participants to be selected on bases unrelated to an objective standard of performance is not considered an "open" event for purposes of the "open" event exception to the tryout rule, and confirmed that such a standard is applicable to all participants (that is, prospective student-athletes and nonprospective student-athletes alike). Thus, if nonprospective student-athletes are selected for an event based on a subjective standard (for example, wildcard), it is not permissible for such an event to be held on an institution's campus pursuant to the "open" event exception to the tryout rule even if the prospective student-athletes involved in the event are selected on the basis of an objective standard. [References: NCAA Bylaws 13.12.3 (tryout exceptions) and 13.12.3.2 ("open" event); and a 11/13/02 official interpretation, Item No. 1.]

Management Council actions

Date issued: April 19, 2004

Item ref: 9-b-(2)-(a)

Prepaid College Tuition Plans. The Division I Management Council used its authority set forth in NCAA Constitution 5.4.1.2.3 to reverse a previous Council-approved official interpretation and agreed that a state sponsored or private prepaid college tuition plan, purchased by a family member and paid to an institution on behalf of a student-athlete, is not considered aid from an outside source. Such aid is considered financial aid from someone upon whom the student-athlete is naturally or legally dependent. [References: Bylaws 15.2.5.1 (parents and legal guardians), 15.2.5.2 (no relationship to athletics ability) and 15.2.5.2.2 (outside educational grants); a 8/23/00 official interpretation, Item No. 1 and a 3/3/04 official interpretation, Item No. 1, which have been archived.]

Date issued: April 19, 2004

Item ref: 9-b-(2)-(b)

Nonathletics Educational Programs Conducted by Foundations or a Nonprofit Organization. The Division I Management Council used its authority set forth in NCAA Constitution 5.4.1.2.3 to modify a previous Council-approved official interpretation and agreed that before initial collegiate enrollment, a prospective student-athlete is permitted to participate in a nonathletics educational program (even if the prospect is selected based on athletics ability or reputation) provided:

The program is conducted by a foundation or a not-for-profit organization and does not include any athletic activities;

The focus of the program is nonathletics and educational (for example, tutoring, test preparation, financial aid advice, leadership or character development) in nature;

The foundation or the organization conducting the program is limited to providing the prospective student-athletes actual and necessary expenses;

Any tangible items provided to the prospects are of nominal value and relate directly to the activities of the program;

The foundation or organization conducting is not involved in marketing any individual's athletics ability or reputation; and

A member institution, its staff members or any collegiate coaches association are not involved in providing funding for or selecting prospects to participate in the program.

[References: NCAA Bylaws 12.1.1.1.6 (preferential treatment), 13.2.1 (offers and inducements) and 13.16.1 (prohibited expenses); a 2/01/96 official interpretation, Item No. 2, and a 3/17/04 official interpretation, Item No. 1, which have been archived.]