NCAA LSDBi

Division I Proposal - 2016-116-4

ATHLETICS PERSONNEL AND RECRUITING -- FOOTBALL RECRUITING MODEL -- REMOVE FCS FROM IAWP PROVISIONS

Status: Adopted Final

Intent: To amend Proposal No. 2016-116 to remove championship subdivision football from the application of the restrictions on hiring an individual associated with a prospective student-athlete in an athletics department noncoaching staff position or in a strength and conditioning staff position.

A.    Bylaws: Amend Proposal No. 2016-116, 13.2, as follows: (Immediate; a contract signed before January 18, 2017 may be honored.)

[Federated provision, FCS only]

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 Additional Prohibition -- Consulting Fees -- Bowl Subdivision Football. In bowl subdivision football, an institution or staff member shall not provide a consulting fee to an individual associated with a prospective student-athlete or to a consulting firm in which an individual associated with a prospective student-athlete has a proprietary or financial interest.

[13.2.1.4 unchanged.]

13.2.1.5 Notification of Ineligibility and Consequences -- Football. If a violation of Bylaw 13.2.1 occurs in which an institution or 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.

[13.2.2 through 13.2.11 unchanged.]

B.    Bylaws: Amend Proposal No. 2016-116, 11.4, as follows: (Immediate; a contract signed before January 18, 2017 may be honored.)

[Federated provision, FCS only]

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 Prospective Student-Athlete -- Bowl Subdivision Football. In bowl subdivision football, during a two-year period before a prospective student-athlete's anticipated enrollment and a two-year period after the 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 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 prospective student-athlete (see Bylaw 13.02.19) 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 prospective student-athlete by which the individual meets the definition of an individual associated with a prospective student-athlete. A violation of Bylaw 11.4.3 also occurs if an individual associated with a prospective student-athlete is employed and, within two years after such employment, a prospective student-athlete by which the individual meets the definition of an individual associated with a 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 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 academic years.

C.    Bylaws: Amend Proposal No. 2016-116, 13.02, as follows: (Immediate)

[Federated provision, FCS only]

13.02 Definitions and Applications.

[13.02.1 through 13.02.18 unchanged.]

13.02.19 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football. In bowl subdivision football, 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 football, 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.

D.    Bylaws: Amend Proposal No. 2016-116, 13.8.3, as follows: (Immediate; a contract signed before January 18, 2017 may be honored.)

[Federated provision, FCS only]

13.8.3 Employment Conditions.

[13.8.3.1 unchanged.]

13.8.3.2 Employment in Athletically Related Institutional Activities -- Bowl Subdivision Football. In bowl subdivision football, institution shall not employ (either on a salaried or a volunteer basis) an individual as a speaker or presenter at any athletically related institutional event or activity (e.g., booster club function, outside consultant) if that individual is involved in coaching prospective student-athletes or is associated with a prospective student-athlete as a result of the prospective student-athlete's participation in football.

13.8.3.43 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football. In bowl subdivision football, during a two-year period before a prospective student-athlete's anticipated enrollment and a two-year period after the 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 prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position.

13.8.3.43.1 Application. A violation of Bylaw 13.8.3.3 occurs if an individual associated with a prospective student-athlete (see Bylaw 13.02.19) 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 prospective student-athlete by which the individual meets the definition of an individual associated with a prospective student-athlete. A violation of Bylaw 13.8.3.3 also occurs if an individual associated with a prospective student-athlete is employed and, within two years after such employment, a prospective student-athlete by which the individual meets the definition of an individual associated with a 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.

13.8.3.43.2 Exception -- Reassignment. An institution may reassign an individual associated with a 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 academic years.

[13.8.3.3 through 13.8.3.7 renumbered as 13.8.3.4 through 13.8.3.8, unchanged.]

Source: Missouri Valley Football Conference

Effective Date:
  Sections A, B, D: Immediate; a contract signed before January 18, 2017 may be honored.
  Section C: Immediate

Proposal Category: Amendment-to-Amendment

Topical Area: Recruiting

Rationale: The issue of institutions hiring an individual associated with a prospective student-athlete in order to secure the enrollment of the prospective student-athlete is not believed to be an issue in the Football Championship Subdivision (FCS), as FCS institutions simply do not have the resources to hire in this manner. Further, the application of this legislation to all individuals associated with a rolling four-year class of football prospective student-athletes would exclude a broad range of qualified individuals from legitimate consideration for employment opportunities. Finally, the administrative burden of vetting candidates for such positions relative to the legislation is an undue and unnecessary burden on FCS athletics departments.

Estimated Budget Impact: None.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.

History

Feb 1, 2017: In Progress Amendment sponsored.
Feb 7, 2017: Ready for Vote
Apr 14, 2017: Adopted by Council
Apr 26, 2017: No Board Action
Apr 26, 2017: Adopted Final

Legislative References

Division Number Title
I 11.4 Employment of High School, Preparatory School or Two-Year College Coaches, or Other Individuals Associated With Prospective Student-Athletes.
I 11.4.3 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football.
I 13.02 Definitions and Applications.
I 13.02.19 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football.
I 13.2 Offers and Inducements.
I 13.2.1 General Regulation.
I 13.2.1.3 Additional Prohibition -- Consulting Fees -- Bowl Subdivision Football.
I 13.2.1.5 Notification of Ineligibility and Consequences -- Football.
I 13.8.3 Employment Conditions.
I 13.8.3.2 Employment in Athletically Related Institutional Activities -- Bowl Subdivision Football.
I 13.8.3.4 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football.
References