NCAA LSDBi

Division I Proposal - 2002-21

FINANCIAL AID -- EMPLOYMENT

Status: Adopted Final

Intent: To exempt a student-athlete's on- and off-campus employment earnings from both individual and institutional financial aid limits.

A.    Bylaws: Amend 15.02.4.1, pages 174-175, as follows:

"15.02.4.1 Institutional Financial Aid. The following sources of financial aid are considered to be institutional financial aid:

"(a) All funds administered by the institution, which include but are not limited to the following:

[15.02.4.1-(a)-(1) through 15.02.4.1-(a)-(3) unchanged.]

"(4) Employee dependent tuition benefits, unless the parent(s) or the legal guardian(s) of a student-athlete has been employed as a full-time faculty/staff member for a minimum of five years; and 

"(5) Loans;.

"(6) During the student-athlete's initial academic year in residence at the certifying institution, on-campus employment (including work-study program assistance) in the athletics department and on-campus employment outside the athletics department for which the athletics interests of the institution intercede on behalf of the student-athlete (other than institutional staff members responsible for assisting all students in securing on-campus employment, including work study, in the same manner); 

"(7) Subsequent to the student-athlete's first academic year in residence at the certifying institution, on-campus employment earnings (including work-study program assistance) in the athletics department or an athletics facility (owned or operated by the athletics department), with the exception of compensation from employment (not to exceed $2,000) within the institution’s recreational sports unit. Compensation from employment within an institution's recreational unit that is in the athletics department or an athletics facility (owned or operated by the athletics department) that exceeds $2,000 shall be considered institutional financial aid; and

"(8) Subsequent to the student-athlete's first academic year in residence at the certifying institution, on-campus employment earnings outside the athletics department and any athletics facility (owned or operated by the athletics department) for which the athletics interests of the institution intercede on behalf of the student-athlete (other than institutional staff members responsible for assisting all students in securing on-campus employment, including work study, in the same manner) that exceed $2,000.

"(b) Aid from government or private sources for which the institution is responsible for selecting the recipient or determining the amount of aid, or providing matching or supplementary funds for a previously determined recipient; and

"(c) During the student-athlete's initial academic year in residence at the certifying institution, off-campus employment earnings for which the athletics interests of the institution intercede on behalf of the recipient;  

"(d) Subsequent to the student-athlete's first academic year in residence at the certifying institution, off-campus employment earnings for which the athletics interests of the institution intercede on behalf of the recipient that exceed $2,000; and"

[15.02.4.1-(e) relettered as 15.02.4.1-(c), unchanged.]

B.    Bylaws: Amend 15.02.4.3, pages 175-176, as follows:

"15.02.4.3  Exempted Institutional Financial Aid.  The following institutional financial aid is exempt and is not counted in determining a student-athlete's full grant-in-aid or in the institution's financial aid limitations:

"(a) An honorary award for outstanding academic achievement or an established institutional research grant that meets the criteria set forth in Bylaw 15.02.6 (and must be included in determining if the student-athlete's cost of attendance has been met); and

[15.02.4.3-(b) unchanged.]

"(c) Employment during official vacation periods;

"(d) Employment subsequent to a student-athlete's first academic year pursuant to Bylaw 15.2.6.1."

C.    Bylaws: Amend 15.02.4.5, as follows:

"15.02.4.5 Exempted Employment Earnings. Employment earnings of a student-athlete who has exhausted eligibility in a particular sport shall not be included when determining the permissible amount of a full grant-in-aid or the cost of attendance for a student-athlete, provided the student-athlete subsequently does not practice or compete in intercollegiate athletics."

D.    Bylaws: Amend 15.1.1, as follows:

"15.1.1 Types of Aid Included in Limit. In determining whether a student-athlete's financial aid exceeds the value of a full grant-in-aid, all institutional financial aid (per Bylaw 15.02.4.1) and all funds received from the following and similar sources shall be included:

"(a) Employment. Employment during semester or term time (which is an all-inclusive period from the opening to the closing of classes of the regular semester, quarter or term), except for the legitimate on- or off-campus employment of student-athletes who may receive earnings per Bylaw 15.2.6.1 up to the value of a full grant plus $2,000 (also see Bylaw 15.2.6);"

[15.1.1-(b) through 15.1.1-(g) relettered as 15.1.1-(a) through 15.1.1-(f), unchanged.]

E.    Bylaws: Amend 15.2.6, pages 180-181, as follows:

"15.2.6 Employment. The institution must include earnings from the student-athlete's employment during semester or term time [per Bylaw 15.1.1-(a)] in determining whether his or her full grant-in-aid has been reached. Earnings from a student-athlete's on- or off-campus employment that occurs at any time is exempt and is not counted in determining a student-athlete's full grant-in-aid or in the institution's financial aid limitations, provided:

"(a) The student-athlete's compensation does not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability;

"(b) The student-athlete is compensated only for work actually performed; and

"(c) The student-athlete is compensated at a rate commensurate with the going rate in that locality for similar services. (See Bylaw 12.4.)

"15.2.6.1 Exception -- Division I Employment Earnings. A student-athlete may receive earnings from legitimate on- or off-campus employment during semester or term time in combination with other financial aid included in the student-athlete's individual financial aid limit up to the value of a full grant plus $2,000, provided:

"(a) The student-athlete has spent one academic year in residence at the certifying institution; and

"(b) The student-athlete is eligible academically to compete for the institution.

"15.2.6.1.1 Written Statement. Prior to the commencement of the employment, the student-athlete and the employer must sign a written statement to be kept on file in the athletics department, which specifies the following:

"(a) The student-athlete's compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability;

"(b) The student-athlete is to be compensated only for work actually performed; and

"(c) The student-athlete is to be compensated at a rate commensurate with the going rate in that locality for similar services

"15.2.6.1.1.1 Eligibility Ramifications -- Failure to Obtain Written Statement.  A violation of 15.2.6.1.1 shall be considered an institutional violation per Constitution 2.8.1; however, the violation shall not affect the student-athlete's eligibility, provided the student-athlete obtains the proper written statement prior to receiving employment earnings in excess of $500.

"15.2.6.1.2 Athletics Booster Club Prohibition. It is not permissible for a student-athlete to receive compensation related to his or her speaking/lecturing at an institutional athletics booster-club function.

"15.2.6.2 No Institutional Aid Received. A student-athlete who is not receiving institutional financial aid may earn legitimate income in excess of a full grant-in-aid, provided neither members of the athletics department nor representatives of the institution's athletics interests are involved in arranging the employment.

"15.2.6.3 Christmas Vacation Employment. A student-athlete receiving financial aid under this section may obtain a job within seven days prior to the beginning of the institution's Christmas vacation period, provided it is a prerequisite to securing the employment. The income so derived from the additional week's employment need not be computed in determining the student's maximum allowable financial aid. However, any earnings for work performed after the first day of classes shall be countable.

"15.2.6.4 After Eligibility Exhausted -- All Divisions.  Employment earnings of a student-athlete who has exhausted eligibility in a particular sport shall be exempt from this limitation, provided the student-athlete subsequently does not practice or compete in intercollegiate athletics. Compensation received from an outside entity for participation in activities related to the student-athlete's name, picture or appearance need not be included in the student-athlete's financial aid limits, but such activities may not be arranged by athletics department staff members or representatives of the institution's athletics interests.

"15.2.6.5 Earnings Deposited with Institution. Earnings received by a student-athlete for employment during term time are not countable against the student's full grant-in-aid, if these earnings are:

"(a)  Deposited directly by the employer with the institution; and

"(b) Used by the institution as it determines; or

"(c)  Designated by the institution for some special purpose related to athletics (e.g., payment of travel expenses of the student-athlete to represent the institution in competition).

"15.2.6.6 Ineligible Student-Athlete. A student-athlete who is ineligible for participation in intercollegiate athletics but who is receiving institutional financial aid remains bound by the provisions of Bylaw 15.1, and any employment income must be counted in calculating his or her full grant-in-aid."

F.    Bylaws: Amend 15.2.7.3, as follows:

"15.2.7.3 Employment during Summer. A student-athlete may receive legitimate summer-employment earnings without any restriction on the amount of compensation received even if the student-athlete is attending summer school as a recipient of institutional financial aid.  Further, such employment earnings are not considered in determining the amount of athletically related financial aid the student-athlete may receive for the summer term."

[15.2.7.4 and 15.2.7.5 renumbered as 15.2.7.3 and 15.2.7.4, unchanged.]

G.    Bylaws: Amend 15.5.1.2.1.1, as follows:

"15.5.1.2.1.1 Exception -- Division I-AA Football. Division I-AA football programs that meet the following criteria are exempt from the Division I-AA football counter and initial-counter requirements of Bylaws 15.5.1 and 15.5.5.2, even if there are student-athletes who participate in football and one or more other sports who receive athletics aid in a sport(s) other than football:

"(a) In the sport of football, the institution awards financial aid only to student-athletes who demonstrate financial need, except that loans, academic honor awards, nonathletics achievement awards, or on-campus employment and certain aid from outside sources may be provided without regard to financial need;"

[15.5.1.2.1.1-(b) through 15.5.1.2.1.1-(c), unchanged.]

H.    Bylaws: Amend 15.5.1.2.4, pages 186-187, as follows:

"15.5.1.2.4 Employment in Athletics Department or Athletics Facilities.  The provisions of Bylaws 15.5.1.2.1 and 15.5.1.2.3 cannot be used to exempt a recruited student-athlete who is receiving income earned through employment in an athletics department, in athletics facilities (owned or operated by the athletics department) or in other athletics facilities when such employment is arranged by a representative of the institution's athletics interests.

"15.5.1.2.4.1 Exception -- Recreational Sports Unit-Subsequent to First Academic Year.  Subsequent to the first academic year in residence at the certifying institution, a student-athlete's earnings from employment (not to exceed $2,000) in the institution's recreational sports unit is exempt from the institution's maximum grant-in-aid limitations in the applicable sport."

[15.5.1.2.5 renumbered as 15.5.1.2.4, unchanged.]

I.    Bylaws: Amend 15.5.1.3, as follows:

"15.5.1.3 Nonrecruited Student-Athlete.

[15.5.1.3.1 and 15.5.1.3.2 unchanged.]

"15.5.1.3.3 Employment in Athletics Department or Athletics Facilities during First Academic Year. During the student-athlete's first academic year of residence at the certifying institution, the provisions of Bylaw 15.5.1.3.2 may not be used to exempt a nonrecruited student-athlete who is receiving income earned through employment in an athletics department or athletics facilities (owned or operated by the athletics department) in the student-athlete's sport; or in other athletics facilities when such employment is arranged by a representative of the institution's athletics interests. During the student-athlete's first academic year of residence at the certifying institution, the provisions of Bylaw 15.5.1.3.2 may not be used to exempt a nonrecruited student-athlete who is receiving income earned through employment in an athletics department or athletics facilities in a sport other than the student-athlete's sport if the athletics department intercedes on behalf of the student-athlete; or, if the athletics facilities are not owned or operated by the athletics department, the athletics department may not intercede on behalf of the student-athlete.

"15.5.1.3.4 Employment in Athletics Department or Athletics Facilities Subsequent to First Academic Year. Subsequent to the student-athlete's first academic year of residence at the certifying institution, the provisions of Bylaw 15.5.1.3.2 may not be used to exempt a nonrecruited student-athlete who is receiving income earned through employment in an athletics department or athletics facilities owned or operated by the athletics department, with the exception of employment in the recreational sports unit (not to exceed $2,000)."

J.    Bylaws: Amend 15.5.5.2.1, as follows:

[Division I-AA football only]

"15.5.5.2.1 Exception -- Division I-AA Football. Division I-AA football programs that meet the following criteria are exempt from the Division I-AA football counter and initial-counter requirements of Bylaws 15.5.1 and 15.5.5, regardless of multisport student-athletes who receive athletics aid in a sport(s) other than football:

"(a) In the sport of football, the institution awards financial aid only to student-athletes who demonstrate financial need, except loans, academic honor awards, nonathletics achievement awards, or on-campus employment and certain aid from outside sources may be provided without regard to financial need;"

[15.5.5.2.1-(b) through 15.5.5.2.1-(c) unchanged.]

Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance Cabinet) (Committee on Financial Aid)].

Effective Date:August 1, 2003

Proposal Category: Amendment

Topical Area: Financial Aid

Rationale: This proposal is the result of the deregulation efforts of the NCAA Division I Committee on Financial Aid. The committee studied financial aid issues and received meaningful input from student-athletes, coaches, financial aid directors and athletics administrators. The committee believes that in the best interest of all student-athletes, all on- and off-campus employment earnings should be exempt from institutional and individual limits. Bylaws 12 and 16 continue to require a student-athlete who works be paid at a rate commensurate with the going rate for similar services. Additionally, a student-athlete's compensation received from employment in the athletics department may be reported in the annual audit required by Constitution 6.2.3. Institutions shall continue to monitor employment activities relative to Bylaws 12 and 16. This is a significant step in simplifying financial aid legislation and will allow student-athletes to obtain and retain employment consistent with the institutional practices for all students.

Estimated Budget Impact: No Association cost; Institutional costs will vary based on whether the employment is on or off campus and additional funds from existing department budgets are used to compensate student-athletes.

Impact on Student-Athlete's Time (Academic and/or Athletics): None, unless the student-athlete chooses to be employed.

History

Jan 1, 2002: Submit (referred proposal to Academic/Eligibility/Compliance Cabinet); Submitted for consideration.
Feb 22, 2002: Academic/Eligibility/Compliance Cabinet, Recommends Approval
Apr 9, 2002: Mgmt Council 1st Review, Approved
May 10, 2002: Comment Period; Start of Comment Period
Jul 24, 2002: Comment Period; End of Comment Period
Oct 22, 2002: Mgmt Council 2nd Review, Approved
Oct 31, 2002: Adopted, Pending Possible Board Review, Adopted
Oct 31, 2002: Adopted, Override Period; Start of Override Period
Dec 30, 2002: Adopted, Override Period; End of Override Period
Dec 30, 2002: Adopted; Adopted - Final

Legislative References

Division Number Title
I 15.02.4 Financial Aid.
I 15.02.4.2 Institutional Financial Aid.
I 15.02.4.4 Exempted Institutional Financial Aid.
I 15.1.2 Types of Aid Included in Limit.
I 15.2.7 Employment.
I 15.2.8 Summer Financial Aid.
I 15.5.1 Counters.
I 15.5.6.2.1 Exception -- Championship Subdivision.
References