LSDBi
Division I Proposal - 2009-22
AMATEURISM AND ELIGIBILITY -- INVOLVEMENT WITH PROFESSIONAL TEAMS -- EXCEPTION -- PRIOR TO INITIAL FULL-TIME COLLEGIATE ENROLLMENT -- DELAYED ENROLLMENT -- SEASONS OF COMPETITION -- SPORTS OTHER THAN MEN'S ICE HOCKEY AND SKIING
Status: Adopted Final
Intent: In sports other than men's ice hockey and skiing, to specify that prior to initial full-time collegiate enrollment, an individual may enter into an agreement to compete on a professional team and compete on a professional team, provided the agreement does not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team; further, in sports other than men's ice hockey, skiing, tennis, swimming and diving and women's volleyball, to specify that a student-athlete who does not initially enroll full-time in a collegiate institution within one year (six months for tennis) or the next opportunity to enroll following his or her high school graduation date or the graduation date of his or her class, whichever occurs earlier, and participates in organized events after the specified time period shall be charged with a season of intercollegiate competition for each year of participation and shall fulfill an academic year in residence on matriculation at the certifying institution before being eligible to represent the institution in intercollegiate competition.
A. Bylaws: Amend 12.1.2, as follows:
12.1.2 Amateur Status. An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:
[12.1.2-(a) through 12.1.2-(b) unchanged.]
(c) Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received, except as permitted in Bylaw 12.2.5.1;
[12.1.2-(d) unchanged.]
(e) Competes on any professional athletics team per Bylaw 12.02.4, even if no pay or remuneration for expenses was received, except as permitted in Bylaw 12.2.3.2.1;
[Remainder of 12.1.2 unchanged.]
B. Bylaws: Amend 12.2.3.2, as follows:
12.2.3.2 Competition with Professionals. An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team (per Bylaw 12.02.4) in that sport. However, an individual may compete on a tennis, golf, two-person sand volleyball or two-person synchronized diving team with persons who are competing for cash or a comparable prize, provided the individual does not receive payment of any kind for such participation.
12.2.3.2.1 Exception -- Competition Before Initial Full-Time Collegiate Enrollment -- Sports Other Than Men's Ice Hockey and Skiing. In sports other than men's ice hockey and skiing, prior to initial full-time collegiate enrollment, an individual may compete on a professional team (per Bylaw 12.02.4), provided he or she does not receive more than actual and necessary expenses to participate on the team.
[12.2.3.2.1 through 12.2.3.2.4 renumbered as 12.2.3.2.2 through 12.2.3.2.5, unchanged.]
C. Bylaws: Amend 12.2.5, as follows:
12.2.5 Contracts and Compensation. An individual shall be ineligible for participation in an intercollegiate sport if he or she has entered into any kind of agreement to compete in professional athletics, either orally or in writing, regardless of the legal enforceability of that agreement.
12.2.5.1 Exception -- Prior to Initial Full-Time Collegiate Enrollment -- Sports Other Than Men's Ice Hockey and Skiing. In sports other than men's ice hockey and skiing, prior to initial full-time collegiate enrollment, an individual may enter into an agreement to compete on a professional team (per Bylaw 12.02.4), provided the agreement does not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team.
[12.2.5.1 renumbered as 12.2.5.2, unchanged.]
D. Bylaws: Amend 14.02, as follows:
14.02 DEFINITIONS AND APPLICATIONS
[14.02.1 through 14.02.8 unchanged.]
14.02.9 Organized Competition. Athletics competition shall be considered organized if any one of the following conditions exists:
(a) Competition is scheduled and publicized in advance;
(b) Official score is kept;
(c) Individual or team standings are maintained;
(d) Official timer or game officials are used;
(e) Admission is charged;
(f) Teams are regularly formed or team rosters are predetermined;
(g) Team uniforms are used;
(h) A team is privately or commercially sponsored; or
(i) The competition is either directly or indirectly sponsored, promoted or administered by an individual, an organization or any other agency.
[14.02.9 through 14.02.13 renumbered as 14.02.10 through 14.02.14, unchanged.]
E. Bylaws: Amend 14.2.3, as follows:
14.2.3 Criteria for Determining Season of Competition.
[14.2.3.1 unchanged.]
14.2.3.2 Delayed Enrollment -- Seasons of Competition.
14.2.3.2.1 Sports Other Than Men's Ice Hockey, Skiing and Tennis
, Swimming and Diving and Women's Volleyball.AIn sports other than men's ice hockey, skiing and tennis, a student-athlete who does not enroll in a collegiate institution as a full-time student in a regular academic term during a one-year time period after his or her high school graduation date or the graduation date of his or her class (as determined by the first year of high school enrollment or the international equivalent as specified in the NCAA Guide to International Academic Standards for Athletics Eligibility and based on the prescribed educational path in the student-athlete's country), whichever occurs earlier, shall be subject to the following:(a) The student-athlete shall be charged with a season of intercollegiate eligibility for each calendar year after the one-year time period (the next opportunity to enroll after one calendar year has elapsed) and prior to full-time collegiate enrollment during which the student-athlete has participated in organized
eventscompetition per Bylaw14.2.3.5.314.02.9.(b) After the one-year time period, if the student-athlete has engaged in
eventscompetition per Bylaw14.2.3.5.314.02.9, on matriculation at the certifying institution, the student-athlete must fulfill an academic year in residence before being eligible to represent the institution in intercollegiate competition.
14.2.3.2.1.1 Track and Field and Cross Country. A student-athlete who has participated in organized competition after the one-year time period (the next opportunity to enroll after one calendar year has elapsed) and prior to full-time collegiate enrollment during a cross country, indoor track and field or outdoor track and field sport season (as opposed to general road racing events) shall be charged with a season of competition in the sport in which the student has participated for each calendar year after the one-year time period in which he or she participated in organized competition.
14.2.3.2.1.2 Road Racing. A student-athlete who has participated in road racing activities after the one-year time period (the next opportunity to enroll after one calendar year has elapsed) and prior to full-time collegiate enrollment shall be charged with a season of competition in each of the sports of cross country, indoor track and field and outdoor track and field for each calendar year after the one-year time period in which he or she participated in organized competition.
14.2.3.2.2 Tennis. In tennis, a student-athlete who does not enroll in a collegiate institution as a full-time student in a regular academic term within six months (or the first opportunity to enroll after six months have elapsed) after his or her high school graduation date or the graduation date of his or her class (as determined by the first year of high school enrollment or the international equivalent as specified in the NCAA Guide to International Academic Standards for Athletics Eligibility and based on the prescribed educational path in the student-athlete's country), whichever occurs earlier, shall be subject to the following:
(a) The student-athlete shall be charged with a season of intercollegiate eligibility for each calendar year after the six-month period has elapsed (or the next opportunity to enroll) and prior to full-time collegiate enrollment during which the student-athlete has participated in organized competition per Bylaw 14.02.9.
(b) After the six-month period, if the student-athlete has engaged in organized competition per Bylaw 14.02.9, on matriculation at the certifying institution, the student-athlete must fulfill an academic year in residence before being eligible to represent the institution in intercollegiate competition.
14.2.3.2.2.1 Matriculation After 20th Birthday -- Tennis. In tennis, a student who is eligible under Bylaw 14.2.3.2.2, but who participates in organized tennis events after his or her 20th birthday and before full-time enrollment at the certifying institution shall be subject to the following:
(a) The student will be charged with one season of intercollegiate tennis competition for each calendar year after his or her 20th birthday and prior to full-time enrollment at the certifying institution during which the student-athlete has participated in organized tennis
eventscompetition per Bylaw14.2.3.5.314.02.9. [Note: This includes participation in intercollegiate tennis while enrolled full time in another two-year or four-year institution; however, this provision replaces the season of competition counted in Bylaw 14.2 (only one season is used in any one year).](b) Upon matriculation at the certifying institution, the student-athlete must fulfill an academic year in residence before being eligible to represent the institution in intercollegiate tennis, unless the student transfers to the certifying institution with a minimum of 24 semester hours (or equivalent) of transferable degree credit. (Note: All other NCAA transfer and academic eligibility requirements apply.)
14.2.3.2.
23 Exception -- Olympic Games, Pan American Games, World Championships, World Cup and World University Games Participation. Participation in the Olympic Games, Pan American Games, World Championships, World Cup and World University Games is exempt from application ofBylawsBylaw 14.2.3.2and 14.2.3.2.1.
[14.2.3.3 through 14.2.3.4 unchanged.]
14.2.3.5 Participation After 21st Birthday -- Men's Ice Hockey and Skiing. In sports other than tennis, swimming and diving and women's volleyball men's ice hockey and skiing, any participation as an individual or a team representative in organized sports competition by a student during each 12 month period after the student's 21st birthday and prior to initial full-time enrollment in a collegiate institution shall count as one year of varsity competition in that sport. Participation in organized competition during time spent in the U.S. armed services shall be expected. (Note: In swimming and diving, and women's volleyball, Bylaw 14.2.3.5 applies to a student-athlete who is not subject to Bylaw 14.2.3.2. If a student-athlete triggers both Bylaws 14.2.3.2 and 14.2.3.5, only Bylaw 14.2.3.2 applies.)
14.2.3.5.1 Track and Field and Cross Country. A prospective student-athlete who participates in outside competition after the student's 21st birthday and prior to initial full-time enrollment in a collegiate institution during a cross country, indoor track and field or outdoor track and field sports season (as opposed to general road racing events) would be charged with at least one season of competition in the sport in which the student participated.
14.2.3.5.2 Road Racing. A prospective student-athlete who participates in road racing activities after the student's 21st birthday and prior to initial full-time enrollment in a collegiate institution shall be charged with at least one season of competition in each of the sports of cross country, indoor track and field and outdoor track and field.
14.2.3.5.3 Organized Competition. Athletics competition shall be considered organized if any one of the following conditions exists:
(a) Competition is scheduled and publicized in advance;
(b) Official score is kept;
(c) Individual or tam standings are maintained;
(d) Official timer or game officials are used;
(e) Admission is charged;
(f) Teams are regularly formed or team rosters are predetermined;
(g) Team uniforms are used;
(h) A team is privately or commercially sponsored; or
(i) The competition is either directly or indirectly sponsored, promoted or administered by an individual, an organization or any other agency.
[14.2.3.6 unchanged.]
Source: NCAA Division I Amateurism Cabinet
Effective Date:For sections A-D: 8/1/10; applicable to student-athletes who initially enroll full time in a collegiate institution on or after 8/1/10. For section E, as it applies to sports other than tennis: 8/1/11; applicable to student-athletes who initially enroll full time in a collegiate institution on or after 8/1/11. For section E, as it applies to tennis: 8/1/12, applicable to student-athletes who initially enroll full time in a collegiate institution on or after 8/1/12.
Proposal Category: Amendment
Topical Area: Amateurism
Rationale: Prior to initial collegiate enrollment, it is more equitable to determine eligibility based on the circumstances as they relate to the individual prospective student-athlete, as opposed to his or her teammates. This revision would alleviate the situation in which a prospective student-athlete's eligibility is jeopardized due to a teammate receiving remuneration above actual and necessary expenses, even though the prospective student-athlete may be unaware of this arrangement and does not receive more than actual and necessary expenses for participation on the team. Under this approach, an institution would no longer be required to determine whether a team is considered professional. Instead, the focus would be on the individual's specific circumstances and eligibility would be assessed using the threshold of receipt of more than actual and necessary expenses. The competitive equity issues related to participation in organized competition would be addressed by applying the delayed enrollment seasons of competition legislation, which currently apply only to tennis, swimming and diving, and women's volleyball, to all sports other than men's ice hockey. For tennis, the decrease in the length of time during which prospective student-athletes may compete in organized tennis will place emphasis on the importance of academics and level the playing field by ensuring relatively similar competitive opportunities prior to college. After reviewing feedback from the men's ice hockey community, the Amateurism Cabinet agreed that the legislative changes included in the proposal would be detrimental to men's ice hockey prospective student-athletes, to Division I institutions that sponsor men's ice hockey and to the performance of United States national teams. If the proposal were adopted with men's ice hockey included, many more prospective student-athletes would likely elect to participate in Major Junior A hockey prior to initial collegiate enrollment. They would likely jeopardize their eligibility status by being influenced to accept more than actual and necessary expenses, to sign with an agent, or to sign a professional contract. Further, participation in Major Junior A hockey would likely be detrimental to prospective student-athletes' academic success given the demands of participation in that league. In addition, it is very common for men's ice hockey prospective student-athletes to compete in junior hockey for more than one year after high school graduation and before initial collegiate enrollment. Positive Academic Progress Rates (APR) in the sport may be attributed to the maturity level of incoming student-athletes and the fact that the those who elect not to participate in Major Junior A hockey have a clear commitment to earning a college degree.
Estimated Budget Impact: Potential cost savings in amateurism certification process.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
Position Statement(s):
| Men's and Women's Skiing Committee | The committee opposes the proposal due to the potential significant negative impact on skiing student-athletes. Currently, most prospective student-athletes that take more than one year off after high school graduation are the very best in their respective countries and almost always on their National Teams. These athletes are delaying their college enrollment in hopes of Olympic or World Championship opportunities. The potential impact of this legislation would be to have the very best young skiers across the world who have taken that second year off from college enrollment lose one year of eligibility and also have to fulfill a year of residence on enrollment. The reality of this would be a two year "side-track" for those athletes who truly will make up the future of the sport (one year while they fulfill a year of residence and the another year once their eligibility has expired and they are trying to finish their degrees). The current 21st birthday rule allows the top athletes an extra year or two out of high school to pursue those hopes without penalty. If they choose to delay enrollment past their 21st birthdays they simply lose years of eligibility, but to also make them fulfill a year of residence seems to be punishing them for pursing a dream. In fact, the individuals who do matriculate in college and ski at the NCAA level are not sponsored athletes and their respective national governing bodies expect them to pay for their athletic experiences while on the lower rungs of the national team systems. Therefore, to also lose eligiblity would be a double punishment. |
History
| Jun 22, 2009: | Submit; Submitted for consideration. |
| Jun 23, 2009: | Amateurism Cabinet, Sponsored |
| Sep 25, 2009: | Amateurism Cabinet, Modified the Proposal; Modified to exclude men's ice hockey from its application. |
| Oct 16, 2009: | Men's and Women's Skiing Committee, Recommends Defeat |
| Jan 13, 2010: | Leg Council Init Review, Amended the Proposal; Approved an amendment to delay the effective date of section E as it applies to tennis to August 1, 2011, applicable to student-athletes who initially enroll full time in a collegiate institution on or after August 1, 2011. |
| Jan 13, 2010: | Leg Council Init Review; Initially agreed to forward for membership review and comment. |
| Jan 14, 2010: | Leg Council Init Review, Approved a Motion to Reconsider |
| Jan 14, 2010: | Leg Council Init Review, Amended the Proposal; Approved an amendment to exclude skiing from the application of the proposal. |
| Jan 14, 2010: | Leg Council Init Review, Adopted; Pending Possible Board of Directors Review |
| Jan 16, 2010: | Adopted, Override Period; No Action Taken by the Board of Directors |
| Jan 17, 2010: | Adopted, Override Period; Start of Override Period |
| Mar 17, 2010: | Adopted, Override Period; End of Override Period (Number of Override Requests = 61) |
| Mar 17, 2010: | Based on the number of override requests received, the Legislative Council will review its action on the proposal during its April 12-13 meeting. |
| Apr 13, 2010: | Leg Council Final Review, Amended the Proposal; Amended the effective date for section E, as it applies to sports other than tennis to August 1, 2011; applicable to student-athletes who initially enroll full time in a collegiate institution on or after August 1, 2011. For section E, as it applies to tennis: August 1, 2012, applicable to student-athletes who initially enroll full time in a collegiate institution on or after August 1, 2012. |
| Apr 13, 2010: | Leg Council Final Review, Adopted; Pending Possible Board of Directors Review |
| Apr 29, 2010: | Adopted, Override Period; No Action Taken by the Board of Directors |
| Apr 30, 2010: | Adopted, Override Period; Start of Override Period |
| Jun 28, 2010: | Adopted, Override Period; End of Override Period (Number of Override Requests = 15) |
| Jun 28, 2010: | Adopted; Adopted - Final |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 12.1.2 | Amateur Status. |
| I | 12.2.3.2 | Competition With Professionals. |
| I | 12.2.3.2.1 | Exception -- Competition Before Initial Full-Time Collegiate Enrollment -- Sports Other Than Men's Ice Hockey and Skiing. |
| I | 12.2.3.2.2 | Professional Player as Team Member. |
| I | 12.2.3.2.4 | Major Junior Ice Hockey. |
| I | 12.2.3.2.4.1 | Limitation on Restoration of Eligibility. |
| I | 12.2.5 | Contracts and Compensation. |
| I | 12.2.5.1 | Exception -- Before Initial Full-Time Collegiate Enrollment -- Sports Other Than Men's Ice Hockey and Skiing. |
| I | 12.2.5.2 | Nonbinding Agreement. |
| I | 12.8.3 | Criteria for Determining Season of Competition. |
| I | 12.8.3.2 | Delayed Enrollment -- Seasons of Competition. |
| I | 12.8.3.2.1.1 | Exception -- National/International Competition. |
| I | 12.8.3.2.2 | Tennis. |
| I | 12.8.3.5 | Participation After 21st Birthday -- Men's Ice Hockey and Skiing. |
| I | 14.02 | Definitions and Applications. |
| I | 14.02.12 | Participation in Intercollegiate Athletics. |
| I | 17.02.10 | Organized Competition. |