Status: Adopted Final
Intent: To specify and clarify prohibited sports wagering activities and the individuals to whom the prohibitions apply.
A. Bylaws: Amend 10.02, 10.3 and 10.4, as follows:
[To change the voting lines in Bylaws 10.3 and 10.4 from federated to common and to designate Bylaw 10.02 as common.]
B. Bylaws: Amend 10, as follows:
"10 Ethical Conduct
"10.01 GENERAL PRINCIPLES
"10.02 DEFINITIONS AND APPLICATIONS
"10.02.1 Sports Wagering. Sports wagering includes placing, accepting or soliciting a wager (on a staff member's or student-athlete's own behalf or on the behalf of others) of any type with any individual or organization on any intercollegiate, amateur or professional team or contest. Examples of sports wagering include, but are not limited to, the use of a bookmaker or parlay card; Internet sports wagering; auctions in which bids are placed on teams, individuals or contests; and pools or fantasy leagues in which an entry fee is required and there is an opportunity to win a prize.
"10.02.2 Wager. A wager is any agreement in which an individual or entity agrees to give up an item of value (e.g., cash, shirt, dinner) in exchange for the possibility of gaining another item of value.
[10.1 through 10.2 unchanged.]
10.3 GAMBLING ACTIVITIES Staff members of a member conference, staff members of the athletics department of a member institution and student-athletes shall not knowingly:
(a) Provide information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;
(b) Solicit a bet on any intercollegiate team;
(c) Accept a bet on any team representing the institution;
(d) Solicit or accept a bet on any intercollegiate competition for any item (e.g., cash, shirt, dinner) that has tangible value; or
(e) Participate in any gambling activity that involves intercollegiate athletics or professional athletics, through a bookmaker, a parlay card or any other method employed by organized gambling.
"10.3 SPORTS WAGERING ACTIVITIES. The following individuals shall not knowingly participate in sports wagering activities or provide information to individuals involved in or associated with any type of sports wagering activities concerning intercollegiate, amateur or professional athletics competition:
"(a) Staff members of an institution's athletics department;
"(b) Nonathletics department staff members who have responsibilities within or over the athletics department (e.g., chancellor or president, faculty athletics representative, individual to whom athletics reports);
"(c) Staff members of a conference office; and
"10.3.1 Scope of Application. The prohibition against sports wagering applies to any institutional practice or any competition (intercollegiate, amateur or professional) in a sport in which the Association conducts championship competition, in bowl subdivision football and in emerging sports for women.
"10.3.1.1 Exception. The provisions of Bylaw 10.3 are not applicable to traditional wagers between institutions (e.g., traditional rivalry) or in conjunction with particular contests (e.g., bowl games). Items wagered must be representative of the involved institutions or the states in which they are located.
12 Sanctions. The following sanctions for violations of Bylaw 10.3 shall apply as follows:
"(a) A student-athlete who engages in activities designed to influence the outcome of an intercollegiate contest or in an effort to affect win-loss margins (i.e., "point shaving") or who
solicits or accepts a bet orparticipates in any gambling activity through a bookmaker, a parlay card or any other method employed by organized gambling that involvessports wagering onactivity involving the student-athlete's institution shall permanently lose all remaining regular-season and postseason eligibility in all sports.
"(b) A student-athlete who
solicits or accepts a bet orparticipates in any gamblingsports wagering activity that involves intercollegiate athletics or professional athletics,through the Internet, a bookmaker ,or a parlay card or any other method employed by organized gambling,shall be ineligible for all regular-season and postseason competition for a minimum of a period of one year from the date of the institution's determination that a violation occurred and shall be charged with the loss of a minimum of one season of competitioneligibility. If the student-athlete is determined to have been involved in a subsequent violation of any portion of Bylaw 10.3, the student-athlete shall permanently lose all remaining regular-season and postseason eligibility in all sports.
"10.4 DISCIPLINARY ACTION
"Prospective or enrolled student-athletes found in violation of the provisions of this regulation shall be ineligible for further intercollegiate competition, subject to appeal to the Committee on Student-Athlete Reinstatement for restoration of eligibility. (See Bylaw 10.3.
12 for sanctions of student-athletes involved in violations of 10.3.) Institutional staff members found in violation of the provisions of this regulation shall be subject to disciplinary or corrective action as set forth in Bylaw 18.104.22.168 of the NCAA enforcement procedures, whether such violations occurred at the certifying institution or during the individual's previous employment at another member institution."
Source: NCAA Division I Management Council (Committee on Sportsmanship and Ethical Conduct).
Effective Date:August 1, 2007
Proposal Category: Amendment
Topical Area: Ethical Conduct
Rationale: The legislation regarding sports wagering activities must specifically define the individuals who are covered and the activities that are expressly prohibited. Given the serious consequences (e.g., ineligibility, loss of employment) for violating this bylaw, it is imperative that it be clearly worded and easily understood by the membership. Adding individuals who are involved in intercollegiate athletics, such as the faculty athletics representative and the president or chancellor to the list of persons precluded from participation in sports wagering activities establishes that the rule is uniform in its application. Student-athletes, coaches, administrators, faculty athletics representatives and presidents or chancellors and/or the individual with oversight of athletics all are unequivocally subject to the rule. It is important to note that, as a human resources policy, the NCAA national office staff is covered by this prohibition on sports wagering activities.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
|Student-Athlete Reinstatement Committee||The committee supports Proposal No. 2006-17. The committee believes the proposal establishes greater clarity for violations of NCAA gambling legislation. Often serious reinstatement conditions are imposed for violated gambling legislation and thus, the committee supports clearly defining the activities expressly prohibited.|
|Jun 14, 2006:||Submit; Submitted for consideration.|
|Jul 11, 2006:||Management Council Administrative Committee, Sponsored|
|Aug 31, 2006:||Student-Athlete Reinstatement Committee, Recommends Approval; See position statement.|
|Oct 12, 2006:||Proposal renumbered as Proposal No. 2006-17-A. An alternative is Proposal No. 2006-17-B.|
|Jan 7, 2007:||Mgmt Council 1st Review, Forwarded for Membership Comment|
|Jan 9, 2007:||Comment Period; Start of Comment Period|
|Mar 9, 2007:||Comment Period; End of Comment Period (Official Comment Totals: Support = 23, Oppose = 2, Abstain = 0)|
|Apr 16, 2007:||Mgmt Council 2nd Review - (Yea=45, Nay=3, Abstain=0, Not Present=1)|
|Apr 26, 2007:||Adopted, Pending Possible Board Review, Adopted|
|Apr 27, 2007:||Adopted, Override Period; Start of Override Period|
|Jun 25, 2007:||Adopted, Override Period; End of Override Period|
|Jun 25, 2007:||Adopted; Adopted - Final|
|I||10.02||Definitions and Applications.|
|I||10.3||Sports Wagering Activities.|
|I||10.3.1||Scope of Application.|