Status: Adopted Final
Intent: In women's basketball, to specify that during a two-year period before a recruited prospective student-athlete's anticipated enrollment and a two-year period after the recruited prospective student-athlete's actual enrollment, an institution shall not employ (or enter into a contract for future employment with) an individual associated with the recruited prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position; further, to specify that an institution or staff member shall not employ (either on a volunteer or paid basis) an individual associated with a recruited prospective student-athlete at an institutional camp or clinic.
A. Bylaws: Amend 11.4, as follows:
11.4 Employment of High School, Preparatory School or Two-Year College Coaches, or Other Individuals Associated With Prospective Student-Athletes.
[11.4.1 through 11.4.2 unchanged.]
11.4.3 Individual Associated with a Recruited Prospective Student-Athlete -- Women's Basketball. In women's basketball, during a two-year period before a recruited prospective student-athlete's anticipated enrollment and a two-year period after the recruited prospective student-athlete's actual enrollment, an institution shall not employ (either on a salaried or volunteer basis) or enter into a contract for future employment with an individual associated with the recruited prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position.
11.4.3.1 Application. A violation of Bylaw 11.4.3 occurs if an individual associated with a recruited prospective student-athlete (see Bylaws 13.02.14.1 and 13.02.18) is employed by the institution and, at the time of employment, a student-athlete who enrolled at the institution in the previous two years (and remains enrolled at the institution) was a recruited prospective student-athlete by which the individual meets the definition of an individual associated with a recruited prospective student-athlete. A violation of Bylaw 11.4.3 also occurs if an individual associated with a recruited prospective student-athlete is employed and, within two years after such employment, a recruited prospective student-athlete by which the individual meets the definition of an individual associated with a recruited prospective student-athlete enrolls as a full-time student in a regular academic term at the institution. In either case, the student-athlete becomes ineligible for intercollegiate competition unless eligibility is restored by the Committee on Student-Athlete Reinstatement.
11.4.3.2 Exception -- Reassignment. An institution may reassign an individual associated with a recruited prospective student-athlete from a countable coaching staff position to a noncoaching staff position or strength and conditioning staff position, provided the individual has been a countable coach at the institution for at least the previous two full seasons. A season is defined as the time between the institution's start of on-court preseason practice and the end of institution's last regular-season contest.
[11.4.4 renumbered as 11.4.5, unchanged.]
B. Bylaws: Amend 13.02.18, as follows:
13.02.18 Individual Associated with a Prospective Student-Athlete -- Men's Basketball. In men's basketball, an individual associated with a prospective student-athlete is any person who maintains (or directs others to maintain) contact with the prospective student-athlete, the prospective student-athlete's relatives or legal guardians, or coaches at any point during the prospective student-athlete's participation in basketball, and whose contact is directly or indirectly related to either the prospective student-athlete's athletic skills and abilities or the prospective student-athlete's recruitment by or enrollment in an NCAA institution. This definition includes, but is not limited to, parents, legal guardians, handlers, personal trainers and coaches. An individual who meets this definition retains such status during the enrollment of the prospective student-athlete at the institution.
C. Bylaws: Amend 13.2, as follows:
13.2 Offers and Inducements.
13.2.1 General Regulation. An institution's staff member or any representative of its athletics interests shall not be involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospective student-athlete or his or her relatives or friends, other than expressly permitted by NCAA regulations. Receipt of a benefit by a prospective student-athlete or his or her relatives or friends is not a violation of NCAA legislation if it is determined that the same benefit is generally available to the institution's prospective students or their relatives or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability. [R]
[13.2.1.1 through 13.2.1.2 unchanged.]
13.2.1.3 Notification of Ineligibility and Consequences -- Men's Basketball. If a violation of Bylaw 13.2.1 (and 13.12.2.2.3) occurs in which an institution or a men's basketball staff member employed (either on a salaried or volunteer basis) an individual associated with a recruited prospective student-athlete at the institution's camp or clinic, the institution shall declare each involved prospective student-athlete ineligible. Within 30 days of becoming aware of the violation, the institution shall provide written notification to each involved prospective student-athlete that the actions of the institution affected the prospective student-athlete's eligibility. The written notification shall also include an explanation of the consequences of the violation for the prospective student-athlete.
[13.2.1.3 through 13.2.1.5 unchanged.]
[13.2.2 through 13.2.11 unchanged.]
D. Bylaws: Amend 13.8.3, as follows:
13.8.3 Employment Conditions.
[13.8.3.1 through 13.8.3.2 unchanged.]
13.8.3.3 Individual Associated with a Recruited Prospective Student-Athlete -- Women's Basketball. In women's basketball, during a two-year period before a recruited prospective student-athlete's anticipated enrollment and a two-year period after the recruited prospective student-athlete's actual enrollment, an institution shall not employ (or enter into a contract for future employment with) an individual associated with the recruited prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position.
13.8.3.3.1 Application. A violation of Bylaw 13.8.3.3 occurs if an individual associated with a recruited prospective student-athlete (see Bylaws 13.02.14.1 and 13.02.18) is employed by the institution and, at the time of employment, a student-athlete who enrolled at the institution in the previous two years (and remains enrolled at the institution) was a recruited prospective student-athlete by which the individual meets the definition of an individual associated with a recruited prospective student-athlete. A violation of Bylaw 13.8.3.3 also occurs if an individual associated with a recruited prospective student-athlete is employed and, within two years after such employment, a recruited prospective student-athlete by which the individual meets the definition of an individual associated with a recruited prospective student-athlete enrolls as a full-time student in a regular academic term at the institution. In either case, the student-athlete becomes ineligible for intercollegiate competition unless eligibility is restored by the Committee on Student-Athlete Reinstatement.
13.8.3.3.2 Exception -- Reassignment. An institution may reassign an individual associated with a recruited prospective student-athlete from a countable coaching staff position to a noncoaching staff position or strength and conditioning staff position, provided the individual has been a countable coach at the institution for at least the previous two full seasons. A season is defined as the time between the institution's start of on-court preseason practice and the end of institution's last regular-season contest.
[13.8.3.4 through 13.8.3.8 renumbered as 13.8.3.5 through 13.8.3.9, unchanged.]
E. Bylaws: Amend 13.12, as follows:
13.12 Sports Camps and Clinics.
13.12.1 Institution's Sports Camps and Clinics.
13.12.1.1 Definition. An institution's sports camp or instructional clinic shall be any camp or clinic that is owned or operated by a member institution or an employee of the member institution's athletics department, either on or off its campus, and in which prospective student-athletes participate.
13.12.1.1.1 Definition of Prospective Student-Athlete -- Men's Basketball. In men's basketball, for purposes of Bylaw 13.12, the phrase "prospective student-athlete" shall include any individual who has started classes for the seventh grade.
13.12.1.1.12.1 Definition of Recruited Prospective Student-Athlete -- Men's Basketball. In men's basketball, for purposes of applying Bylaw 13.12, a recruited prospective student-athlete is a prospective student-athlete who has been recruited pursuant to the definition of recruiting in Bylaw 13.02.14 or the definition of a recruited prospective student-athlete pursuant to Bylaw 13.02.14.1. In addition, a men's basketball prospective student-athlete is considered a recruited prospective student-athlete if any of the following conditions have occurred:
(a) The prospective student-athlete's attendance at any institutional camp or clinic has been solicited by the institution (or a representative of the institution's athletics interests);
(b) The institution has provided any recruiting materials to the prospective student-athlete;
(c) An institutional coaching staff member has had any recruiting contact [including in-person or electronic contact (e.g., telephone calls, video conference, electronic correspondence)] with the prospective student-athlete (including contact initiated by the prospective student-athlete);
(d) The prospective student-athlete has received an oral offer of athletically related financial aid from the institution; or
(e) The prospective student-athlete has orally committed to attend the institution.
[13.12.1.1.3 through 13.12.1.1.6 renumbered as 13.12.1.1.4 through 13.12.1.1.7, unchanged.]
[13.12.1.2 through 13.12.1.8 unchanged.]
13.12.2 Employment at Camp or Clinic.
[13.12.2.1 unchanged.]
13.12.2.2 High School, Preparatory School, Two-Year College Coaches or Other Individuals Involved With Prospective Student-Athletes. A member institution (or employees of its athletics department) may employ a high school, preparatory school or two-year college coach or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved at its camp or clinic, provided: [R]
[13.12.2.2-(a) through 13.12.2.2-(b) unchanged.]
[13.12.2.2.1 through 13.12.2.2.2 unchanged.]
13.12.2.2.3 Individual Associated With a Recruited Prospective Student-Athlete -- Men's Basketball. In men's basketball, an institution or staff member shall not employ (either on a volunteer or paid basis) an individual associated with a recruited prospective student-athlete (see Bylaws 13.02.14.1 and 13.02.18) at the institution's camp or clinic. (See Bylaw 13.2.1.3.)
[13.12.2.2.3 through 13.12.2.2.5 unchanged.]
[13.12.2.3 unchanged.]
13.12.3 Notification of Ineligibility and Consequences of Violation -- Men's Basketball. In men's basketball, if a violation specified below occurs, the institution shall declare each involved prospective student-athlete ineligible. Within 30 days of becoming aware of the violation, the institution shall provide written notification to each involved prospective student-athlete that the actions of the institution affected the prospective student-athlete's eligibility. The written notification shall also include an explanation of the consequences of the violation for the prospective student-athlete.
(a) A violation of Bylaw 13.12.2.2.4 in which an institution or a men's basketball staff member employs (either on a salaried or a volunteer basis) an individual associated with a recruited prospective student-athlete at the institution's camp or clinic.
[13.12.3-(b) unchanged.]
(c) A violation of Bylaw 13.12 in which an institutional women’s/girls’ basketball camp or clinic offers a participation registration, procedure, fee structure, advertisement and/or logistical experience (e.g., lodging, meals, transportation or awards/mementos) that differs from other institutional women’s/girls’ basketball camps or clinics.
[13.12.4 unchanged.]
Source: NCAA Division I Council (Women's Basketball Oversight Committee)
Effective Date:August 1, 2017; a contract signed before 1/18/17 may be honored.
Proposal Category: Amendment
Topical Area: Athletics Personnel
Rationale: The current similar legislation in men's basketball was adopted in order to prevent the funneling of money to prospective student-athletes and their families via individuals associated with the prospect. In addition, anecdotal evidence indicated institutions would employ an individual associated with a recruited prospective student-athlete in order to successfully secure the prospective student-athlete's commitment to play at the institution. Women's basketball coaches have expressed a growing concern for similar issues in their sport. This proposal will promote greater integrity in the women's basketball recruiting process. The Women's Basketball Coaches Association supports this proposal.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
Position Statement(s):
Legislative Committee | Supports | Will be considered before Proposal No. 2016-52. |
History
Nov 10, 2016: | In Progress | |
Jan 18, 2017: | In Progress | The Council modified the effective date of the proposal to clarify that employment contracts signed before 1/18/17 may be honored. |
Apr 14, 2017: | Adopted by Council | |
Apr 26, 2017: | No Board Action | |
Apr 26, 2017: | Adopted Final |
Legislative References