Legislative Services Database

LSDBi

Division I Proposal - 2021-12

RECRUITING -- RECRUITING MATERIALS AND ELECTRONIC CORRESPONDENCE -- VIDEO/AUDIO MATERIALS AND EXPRESS MAIL SERVICES

Status: Adopted Final

Intent: To eliminate the content and production restrictions on video/audio materials and eliminate the restriction on express mail services.

Bylaws: Amend 13.4, as follows:

13.4 Recruiting Materials.

13.4.1 Recruiting Materials and Electronic Correspondence -- General Rule. An institution shall not provide recruiting materials, including general correspondence related to athletics, or send electronic correspondence to an individual (or the individual's family members) until June 15 at the conclusion of the individual's sophomore year in high school. Before a prospective student-athlete has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid, or the institution has received a financial deposit in response to its offer of admission, electronic correspondence must be sent directly to the prospective student-athlete (or the prospective student-athlete’s family members) and must be private between only the sender and recipient (e.g., no use of chat rooms, message boards or posts to “walls”). (See Bylaw 13.10.2.) [D]

[13.4.1.1 through 13.4.1.5 unchanged.]

13.4.1.76.1 Exception -- Electronic Correspondence Regarding Institutional Camp or Clinic Logistical Issues. Electronic correspondence to an individual (or the individual's family members or coach) that relates solely to institutional camp or clinic logistical issues (e.g., missing registration information) is not subject to the restrictions on recruiting materials may be sent at any time, provided the correspondence does not contain recruiting language and no solicitation of particular individuals to attend a camp or clinic occurs. [D]

13.4.1.97 Responding to Prospective Student-Athlete's Request. Institutional staff members (including athletics staff members) may respond to a prospective student-athlete’s letter or electronic correspondence requesting information from an institution’s athletics department prior to the permissible date on which an institution may begin to provide recruiting materials to a prospective student-athlete, provided the written response does not include information that would initiate the recruitment of the prospective student-athlete or information related to the institution’s athletics program (e.g., the reply contains an explanation of current NCAA legislation or a referral to the admissions department). An electronic reply must be a permissible form of electronic correspondence. [D]

13.4.1.68 Printed Recruiting Materials. As specified below, an institution may provide only the following printed materials to a prospective student-athlete, the prospective student-athlete's family members, coaches or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved: [D]

(a) General Correspondence. There are no restrictions on the design or content of general correspondence and attachments, except that the size of the printed material may not exceed 8½ by 11 inches when opened in full. There are no restrictions on the design or content of an envelope used to send general correspondence and attachments, except that the size of the envelope may not exceed 9 by 12 inches.

(b) Camp or Clinic Information. Camp or clinic information may be provided at any time. (See Bylaw 12.5.1.6.)

(d) Nonathletics Institutional Publications. An institution may provide nonathletics institutional publications (e.g., official academic, admissions and student-services publications published by the institution) available to all students at any time.

(e) Educational Material Published by the NCAA. Educational material published by the NCAA (e.g., NCAA Guide for the College-Bound Student-Athlete) may be provided at any time.

(f) Preenrollment Information. An institution may provide any necessary preenrollment information regarding orientation, conditioning, academics and practice activities to a prospective student-athlete, provided prospective student-athlete has signed a National Letter of Intent or institutional financial aid agreement, or has been officially accepted for enrollment.

(g) Video/Audio Materials. An institution may provide video or audio materials to a prospective student-athlete.

13.4.1.6.1 Express Mail Services. An institution is not permitted to use express mail delivery services and may only use first-class mail or a lesser rate of service (e.g., parcel post) with no extra services (e.g., certified mail, delivery confirmation) to provide permissible printed recruiting materials to prospective student athletes, their family members, their coaches or any other individual responsible for teaching or directing an activity in which a prospective student-athlete is involved, who resides within the 50 United States, other than the National Letter of Intent or other written admissions and/or financial aid commitment to attend the institution. [D]

13.4.1.7 Electronic Correspondence -- General Rule. Electronic correspondence (e.g., electronic mail, Instant Messenger, facsimiles, text messages) may be sent to a prospective student-athlete (or the prospective student-athlete’s family members). Before a prospective student-athlete has signed a National Letter of Intent or the institution’s written offer of admission and/or financial aid, or the institution has received a financial deposit in response to its offer of admission, the correspondence must be sent directly to the prospective student-athlete (or the prospective student-athlete’s family members) and must be private between only the sender and recipient (e.g., no use of chat rooms, message boards or posts to “walls”). (See Bylaw 13.10.2.) There are no content restrictions on attachments to electronic correspondence, except that video and audio materials must conform to the requirements of Bylaw 13.4.1.10. [D]

13.4.1.8 Other Recruiting Materials. An institution may post recruiting materials not listed in Bylaw 13.4.1.6 on its website. General information (e.g., information not created for recruiting purposes) posted to an institution’s website (e.g., press release, competition schedule) may be sent to a prospective student-athlete via permissible electronic correspondence or such information may be printed and provided to a prospective student-athlete as an attachment to general correspondence or during any permissible on- or off-campus contact. [D]

13.4.1.10 Video/Audio Materials. An institution may produce video or audio materials to show to, play for or provide to a prospective student-athlete, subject to the following provisions: [D]

(a) The video/audio material may be posted to the institution's website;

(b) The video/audio material may not be personalized to include a prospective student-athlete's name, picture or likeness;

(d) The video/audio material may only be provided to a prospective student-athlete via electronic correspondence, except as provided in Bylaw 13.4.1.10.1.

13.4.1.10.1 Exception -- After Commitment. After a prospective student-athlete has signed a National Letter of Intent or institutional financial aid agreement, or has been officially accepted for enrollment, an institution may provide the following via electronic correspondence or digital media storage device (e.g., DVD, flash drive): [D]

(a) Video/audio material personalized to include a prospective student-athlete's name, picture or likeness; and

(b) Necessary pre-enrollment information regarding orientation, conditioning, academics and practice activities in a video format (e.g., video playbook, game clips).

[13.4.2 unchanged.]

Source: NCAA Division I Council (Legislative Committee)

Effective Date:Immediate

Proposal Category: Amendment

Topical Area: Recruiting

Rationale: The Board of Directors Infractions Process Committee requested that the Legislative Committee Modernization of the Rules Subcommittee focus its rules modernization efforts on identifying rules that no longer serve the needs of the membership and the 21st century student-athlete, and recommending modifications to or the elimination of such rules. Specifically, the subcommittee is focusing its review on rules that are outdated and rules for which the utility of national oversight is outweighed by the monitoring and enforcement burden. This proposal seeks to simplify the recruiting materials legislation and remove outdated restrictions. First, advancing technology and the widespread availability of video/audio material (e.g., GIFs) no longer require specific content or production restrictions for video/audio materials provided to prospective student-athletes. Further, combining the legislation related to printed materials and electronic correspondence and removing the standalone provision for other recruiting materials simplifies the remaining provisions. Finally, there is a minimal to no recruiting advantage gained by sending printed recruiting materials using express mail services due to the widespread use of electronic correspondence in the digital age.

Estimated Budget Impact: Projected institutional cost savings due to proposed changes to video/audio materials production.

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

History

Oct 6, 2021:	In Progress	Introduced into the modernization legislative track by the Council.
Nov 10, 2021:	Ready for Vote
Nov 17, 2021:	Adopted by Council
Nov 17, 2021:	Rescission Period
Jan 16, 2022:	Adopted Final

Legislative References

Division	Number	Title
I	13.4	Recruiting Materials.
I	13.4.1	Recruiting Materials and Electronic Correspondence -- General Rule.
I	13.4.1.6	Printed Recruiting Materials.
I	13.4.1.6.1	Express Mail Services.
I	13.4.1.7	Electronic Correspondence -- General Rule.
I	13.4.1.7.1	Exception -- Electronic Correspondence Regarding Institutional Camp or Clinic Logistical Issues.
I	13.4.1.8	Other Recruiting Materials.
I	13.4.1.9	Responding to Prospective Student-Athlete's Request.
I	13.4.1.10	Video/Audio Materials.
I	13.4.1.10.1	Exception -- After Commitment.

References