Bylaw12
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Bylaw12

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Bylaw12 Bylaw12 Presentation Transcript

  •  
  • 12.1.1.1 Amateurism Certification Process
    • An institution shall use the NCAA Eligibility Center to determine the validity of information regarding a SA’s amateur status.
    • 12.1.1.1.1 Scope
    • The information provided to the NCAA Eligibility Center is limited to the activities that occurred prior to the final certification or full time enrollment at a Division I or II institution, whichever occurs earlier.
  • Institutional Responsibilities 12.1.1.1.2
    • Amateur Status After Certification - SIUE is responsible for certifying the amateur status of a PSA (including two-year and four-year college transfers initially enrolling at an NCAA Division I institution).
    • Sharing Information and Reporting Discrepancies- If SIUE has information or cause to believe that a PSA’s amateur status has been jeopardized, SIUE is responsible for promptly notifying the NCAA Eligibility Center of such information
  • Eligibility for Practice or Competition 12.1.1.1.3
    • Prior to engaging in practice or competition, an SA shall receive a final certification of amateur status.
    • Temporary Certification—Recruited SA - If a recruited PSA reports for athletics participation before amateur status has been certified, he/she may practice, but not compete, for a max. period of 14 days. After this period, he/she shall have amateur status certified to continue to practice or compete
  • Eligibility for Practice/Competition
    • Temporary Certification—Non-recruited SA
    • If a non-recruited PSA reports for athletics participation before the student’s amateur status has been certified, the student may practice, but not compete, for a maximum period of 45 days. After this period, the student shall have had his or her amateur status certified to continue to practice or to compete.
  • Eligibility for Practice after a Final Not-Certified Certification 12.1.1.1.4
    • After a final not-certified certification is rendered, an SA may continue to engage in practice activities, provided SIUE has submitted a notice of appeal
    • At the point in which all appeal opportunities have been exhausted and no eligibility has been granted, the SA may no longer participate in practice activities
  • Loss of Amateur Status and Eligibility 12.1.2 if;
    • Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport
    • Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation
    • Signs a contract to play professional athletics
    • Receives, directly or indirectly, a salary, reimbursement of expenses or any other form of financial assistance from a professional sports organization based on athletics
    • Competes on any professional athletics team, even if not paid
    • Enters into a professional draft after FT enrollment
    • Enters into an agreement with an agent
  • Prohibited Forms of Pay 12.1.2.1
    • Salary, Gratuity or Compensation.
    • Division or Split of Surplus. (bonuses)
    • Educational Expenses that are not permitted by the NCAA
    • Excessive or improper expenses, awards and benefits
    • Cash or Equivalent Award. (May not be forwarded to another entity)
    • Unspecified or Un-itemized Expenses.
    • Expenses from Sponsor Other Than Parents/Legal Guardians or Nonprofessional sponsor of Event.
    • Expenses for Parents/Legal Guardians of Participants in Athletics Competition.
    • Payment Based on Performance.
    • Preferential Treatment, Benefits or Services.
    • Prize for Participation in Institution’s Promotional Activity
    • Road Racing
  • Exceptions 12.1.2.4
    • Prize Money Prior to Full-Time Collegiate Enrollment- PSA may accept prize money based on his/her place finish or performance in an open athletics event (an event that is not invitation only), but may not exceed actual and necessary expenses (not including coach/parent expenses) and may be provided only by the sponsor of the open event
    • Olympic/National teams prize money- only actual and necessary expenses
  • Example Question?
    • High school Team Chicago travels to St. Louis to play in a 3-on-3 basketball tournament. The coach paid for all actual and necessary expenses. The team receives a cash prize for 1 st place. Can the team members accept the prize money as long as the money does not exceed the amount of the actual and necessary expenses of the trip.
    • No, because the coach already paid for the actual and necessary expenses.
  • Exceptions 12.1.2.4.3
    • Institutional or charitable promotions of fundraising activities that involve the use of athletics ability by SA’s to obtain funds are permitted if:
      • All moneys derived from the activity or project go directly to the charity/non-profit
      • The SA receives no compensation or prizes
      • The provisions of Bylaw 12.5.1 are satisfied
  • Exception 12.1.2.4.7
    • Payment of NCAA Eligibility Center Fee
    • A HS booster club (not a specific member) may pay the necessary fee for prospective student-athlete at that high school to be certified by the NCAA Eligibility Center, provided no particular prospective student-athlete is singled out because of ability.
  • Exceptions 12.1.2.4.8
    • Camp or Academy Sponsored by a Pro Sports Organization
    • An individual may receive actual and necessary expenses from a professional sports organization to attend an academy, camp or clinic, if
      • No NCAA institution or conference owns/operates the camp
      • No camp participant is above the age of 15
      • The pro sports organization provides no more than actual and necessary expenses to attend the camp or clinic and equipment/apparel necessary for participation
      • Athletics ability or achievements may not be the sole criterion for selecting participants; and
      • Academy participants must be provided with academic services
  • Exceptions 12.1.2.4.9
    • Exception for receipt of free equipment and apparel items by a PSA
      • It is permissible for PSA (not current SA’s) to receive free equipment and apparel items for personal use from apparel or equipment manufacturers or distributors if:
          • The equipment/apparel are related to the PSA’s sport
          • The PSA does not enter into an agreement
          • A member institution’s coach is not involved in any manner in identifying or assistant a manufacturer in determining if a PSA should receive an item
  • 12.1.3 Amateur Status if Professional in Another Sport
    • A professional athlete in one sport may represent a member institution in a different sport and may receive institutional financial assistance in the second sport
  • 12.2.1.1 Tryout before enrollment with Pro Team
    • A student-athlete remains eligible in a sport even though, prior to enrollment in a collegiate institution, the student-athlete may have tried out with a professional athletics team in a sport or received not more than one expense-paid visit from each professional team (or a combine including that team), provided such a visit did not exceed 48 hours and any payment or compensation in connection with the visit was not in excess of actual and necessary expenses. A self-financed tryout may be for any length of time.
    • In basketball, prior to full-time enrollment in a collegiate institution, a prospective student-athlete may accept actual and necessary expenses from a professional sports organization to attend that organization's predraft basketball camp regardless of the length of the camp.  
  • 12.2.1.2 Tryout with Pro Team After Collegiate Enrollment
    • Enrolled SAs may tryout for a pro team or participate in a combine if SA does not miss class
      • May receive actual and necessary expenses for one 48-hour period per team
      • In basketball, a SA may accept necessary expenses for travel, room and board expenses regardless of duration of the camp.
    • During a tryout no outside competition (scrimmage or game) as a representative of professional team is permitted
    • May practice with professionals if:
      • No compensation is received, contract or agreement signed, or outside competition occurs
      • SIUE coach cannot arrange for basketball practice sessions conducted by pro teams
  • Competition against Pros 12.2.3
    • May compete against professionals (as and individual or part of an amateur team)
    • May not ever compete WITH professionals on a professional team
      • Exceptions;
        • Tennis, Golf, 2-person sand volleyball, but SA or PSA must not receive payment of any kind
        • May participate with professionals on a team, provided the pros are not being paid by a team or league to be a member of that team.
  • Draft and Inquiry 12.2.4
    • SA can request info about draft w/out jeopardizing their eligibility
    • After FT enrollment, cannot be placed on draft list
      • Exception for basketball
        • Can enter draft once
        • Can only return if not drafted and has written intent to return to SIUE w/in 30 days of draft
      • Exception for other sports
        • Can enter draft once
        • Can only return if not drafted and has written intent to return to SIUE w/in 72 hours of draft
    • May request info about professional market value, but cannot retain an agent
    • Individual may not enter into any kind of agreement to compete in professional athletics, in writing or orally regardless of legal enforceability of agreement
  • Agents 12.3
    • A PSA or SA is ineligible if/when a written or oral contract is made with an agent
  • Benefits from Prospective Agents 12.3.1.2
    • SA is ineligible if he/she (or friends/family) accepts benefits or transportation from
      • Any person who represents any individual in the marketing of his/her athletics ability.
      • An agent, even if the agent has indicated that he/she has no interest in representing the SA in the marketing of his/ her athletics ability or reputation and does not represent individuals in the SA’s sport
  • Legal Counsel 12.3.2
    • Securing advice from a lawyer concerning a proposed pro sports contract shall not be considered contracting for representation by an agent, unless the lawyer also represents the individual in negotiations for such a contract
    • A lawyer may not be present during discussions of a contract offer with a pro organization or have any direct contact (in person, by telephone or by mail) with a pro sports organization on behalf of the individual. A lawyer’s presence during such discussions is considered representation by an agent
  • Athletics Scholarship Agent 12.3.3
    • Any individual, agency or organization that represents a PSA for compensation in placing the PSA in a collegiate institution as a recipient of institutional financial aid shall be considered an agent or organization marketing the individual’s athletics ability or reputation
    • A PSA may allow a scouting service or agent to distribute personal information (high school academic/athletics records) to member institutions without jeopardizing eligibility, if fee paid to agent is not based on placing PSA in a collegiate institution as a recipient of institutional financial aid
  • Employment 12.4
    • Employment compensation is permissible if:
      • SA is paid for actual work performed
      • Paid at going rate
    • SA May be paid fees for giving lessons if
      • SIUE facilities are not used
      • Playing lessons shall not be permitted
      • SIUE keeps documentation of the recipient and fee of the lesson(s)
      • The compensation is paid by the lesson recipient (or the recipient’s family) and not another individual or entity
      • Instruction to each individual is comparable to the instruction that would be provided during a private lesson when the instruction involves more than one individual at a time
      • SA does not use his/her reputation to promote/advertise the sessions
    • Camps and Clinics 12.4.3
      • SA’s may be employed by SIUE or another institution, or by a private organization to work in a camp or clinic as a counselor
  • Promotional Activities 12.5
    • 12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions
      • A member institution, a member conference or a noninstitutional charitable, educational or nonprofit agency may use a SA’s name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the SA’s participation in intercollegiate athletics, provided the following conditions are met:
          • SA receives written approval to participate from athletic director
          • The specific activity or project doesn’t involve co-sponsorship, advertisement or promotion by a commercial agency other than through the reproduction of the sponsoring company’s officially registered regular trademark or logo on printed materials such as pictures, posters or calendars.
          • SA’s name (that has remaining eligibility) may not appear on an institution’s printed promotional item (poster, calendar) that also has a commercial trademark/logo
          • SA does not miss class;
          • All moneys from the activity or project go directly to the member institution, member conference or the charitable, educational or nonprofit agency
    • Charitable activities continued 12.5.1.1
      • SA may accept actual and necessary expenses if,
        • SA’s name, picture or appearance is not used to promote commercial ventures
        • SA and an authorized representative of the charitable, educational or nonprofit agency sign a release statement ensuring that the SA’s name, image or appearance is used in a manner consistent with the requirements NCAA
  • Non- Permissible Promotional Activities 12.5.2
    • 12.5.2.1 Advertisements and Promotions as a SA
      • After FT enrollment, SA is ineligible if he/she
        • Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind
        • Receives remuneration for endorsing a commercial product or service through the individual’s use of such product or service.
  • Specifically Restricted Activities 12.5.2.3
      • Name-the-Player Contest
        • SA may not permit use of his or her name or picture in a “name-the-player” contest conducted by a commercial business for the purpose of promoting that business
      • Athletics Equipment Advertisement
        • SA’s name or picture may not be used by an athletics equipment company or manufacturer to publicize the fact that SIUE’s team uses its equipment.
      • Promotional Contests
        • Receipt of a prize for winning an institutional or non-institutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a PSA or SA (or a member of his or her family) does not affect his or her eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate
  • Media Activities 12.5.3
    • During playing season
      • SA may appear on radio and television programs (e.g., coaches shows) or engage in writing projects when the SA’s appearance or participation is related in any way to athletics ability or prestige, if
        • SA does not receive any remuneration for the appearance
        • SA shall not make any endorsement, expressed or implied, of any commercial product or service
        • SA may receive actual and necessary expenses
        • SA participating in media activities during the playing season may not miss class, except class time missed in from away-from-home competition or to participate in a conference-sponsored media day
  • Media Activities 12.5.3
    • Outside the Playing Season
      • Outside the playing season, a student-athlete may participate in media activities, if
        • SA is eligible academically to represent SIUE
        • Does not receive any remuneration for appearance/participation
        • SA may not make any endorsement, expressed or implied, of any commercial product or service
        • SA may receive legitimate and normal expenses directly related to appearance/participation, if the source of the expenses is the entity sponsoring the activity
    • Use of Logos on Equipment, Uniforms and Apparel 12.5.4
      • A student-athlete may use athletics equipment or wear athletics apparel that bears the trademark or logo of an athletics equipment or apparel manufacturer or distributor in athletics competition and pre- and postgame activities (e.g., celebrations on the court pre- or postgame press conferences), if
        • Equipment only has manufacturer’s normal label or trademark, as it is used on all such items for sale to the general public
      • If there is a question about the prior, ask before ordering new uniforms. 48 secondary infractions reported since 2003
    • Use of Logos on Equipment, Uniforms and Apparel 12.5.4
      • SIUE’s official uniform and all other items of apparel should only have a single manufacturer/distributor’s normal label or trademark not exceeding 2¼ square inches in area including any additional material surrounding the normal trademark or logo. SIUE’s official uniform and all other items of apparel shall not bear a design element similar to the manufacturer’s trademark/logo that is in addition to another trademark/logo that is contrary to the size restriction
      • Same rules apply to pre- and post-game activities involving SA’s
      • Violations of this bylaw are institutional violations and do not affect the SA’s eligibility
  • Financial Donations 12.6
    • Pro Sports Organizations 12.6.1
      • Pro teams cannot sponsor intercollegiate events
        • Exception; For sports other than men’s basketball, SIUE’s marketing department may enter into a reciprocal contract with a pro team for the purposes of marketing and promoting a SIUE sponsored sport
      • Received funds permissible if
        • The money is placed in the SIUE’s general fund and not used for athletics
        • The money is placed in the SIUE’s general scholarship fund and commingled with funds for the assistance of all students generally
        • The money is received by SIUE as a result of a reciprocal contractual marketing relationship and is placed in the athletics department’s budget for the specific purpose of marketing and promoting any institutionally sponsored sport other than men’s basketball
      • Received Funds Impermissible if;
        • The funds are for the purpose of recognizing the development of a former SA in a particular sport
        • The money, even though not earmarked by the donor, is received and credited to SIUE funds for the financial assistance of SAs generally
        • The money is placed in the SIUE’s general fund and credited to the athletics department for an unspecified purpose
    • Promotion of Professional Athletics Contests 12.6.1.7
      • SIUE may host and promote an athletics contest between two pro teams from recognized pro sports leagues as a fundraising activity
    • 12.6.2 Organizations other than Professional Sports
      • SIUE shall not accept funds donated from a nonprofessional sports organization based on the place finish of an SA or the number of SA’s representing SIUE in an event
        • the organization may donate an equal amount of funds to every institution with an athlete or team participating in a particular event
      • SIUE may accept funds for the athletics program from a non-pro sports organization based on an individual/team’s national/regional ranking
      • SIUE may accept funds for the athletics program from a non-pro sports organization based on an individual’s or a team’s academic performance (e.g., the number of academic all-American award recipients).
  •