NCAA LSDBi

Division I Proposal - 2015-36

RECRUITING -- APPLICATION OF RECRUITING RULES AFTER COMMITMENT -- COMMITMENT BEFORE THE NLI REGULAR SIGNING PERIOD

Status: Adopted Final

Intent: To specify that for institutions that subscribe to the National Letter of Intent program, the exceptions to recruiting rules that apply after a prospective student-athlete has committed to an institution shall not apply to a prospective student-athlete who only signs an institution's written offer of admission and/or financial aid before the initial regular (as opposed to early) signing date of the National Letter of Intent program.

A.    Bylaws: Amend 13.02, as follows:

13.02 Definitions and Applications.

[13.02.1 through 13.02.4 unchanged.]

13.02.5 Periods of Recruiting Activities.

[13.02.5.1 through 13.02.5.4 unchanged.]

13.02.5.5 Dead Period. A dead period is a period of time when it is not permissible to make in-person recruiting contacts or evaluations on or off the institution’s campus or to permit official or unofficial visits by prospective student-athletes to the institution’s campus. It remains permissible, however, for an institutional staff member to write or telephone a prospective student-athlete during a dead period. [D]

[13.02.5.5.1 unchanged.]

13.02.5.5.2 Exception -- After Commitment. A prospective student-athlete is no longer subject to the application of a dead period after one of the following events occurs:

(a) The prospective student-athlete signs a National Letter of Intent or the institution’s written offer of admission and/or financial aid; or

(b) The institution receives a financial deposit in response to the institution’s offer of admission

For institutions that subscribe to the National Letter of Intent program, this exception does not apply to an individual who only signs an institution's written offer of admission and/or financial aid prior to the initial regular (as opposed to early) signing date of the National Letter of Intent program in the applicable sport.

[13.02.6 through 13.02.11 unchanged.]

13.02.12 Prospective Student-Athlete. A prospective student-athlete is a student who has started classes for the ninth grade. In addition, a student who has not started classes for the ninth grade becomes a prospective student-athlete if the institution provides such an individual (or the individual’s relatives or friends) any financial assistance or other benefits that the institution does not provide to prospective students generally. An individual remains a prospective student-athlete until one of the following occurs (whichever is earlier):

(a) The individual officially registers and enrolls in a minimum full-time program of studies and attends classes in any term of a four-year collegiate institution’s regular academic year (excluding summer);

(b) The individual participates in a regular squad practice or competition at a four-year collegiate institution that occurs before the beginning of any term;

(c) The individual officially registers, enrolls and attends classes during the certifying institution’s summer term prior to his or her initial full-time enrollment at the certifying institution; or

(d) The individual reports to an institutional orientation session that is open to all incoming students within 14 calendar days prior to the opening day of classes of a regular academic year term.

13.02.12.1 Exception -- After Commitment.  After an individual has signed a National Letter of Intent or the institution's written offer of admission and/or financial aid or after the institution has received his or her financial deposit in response to its offer of admission, the individual shall no longer be subject to the restrictions of Bylaw 13.1.  The individual remains a prospective student-athlete for purposes of applying the remaining provisions of Bylaw 13 and other bylaws. For institutions that subscribe to the National Letter of Intent program, this exception does not apply to an individual who only signs an institution's written offer of admission and/or financial aid prior to the initial regular (as opposed to early) signing date of the National Letter of Intent program in the applicable sport.

[Remainder of 13.02 unchanged.]

B.    Bylaws: Amend 13.4.1.4.1.1, as follows:

13.4.1.4.1.1 Exception -- Electronic Transmissions After Commitment -- Cross Country/Track and Field, Football and Swimming and Diving.  In cross country/track and field, football and swimming and diving, there shall be no limit on the forms of electronically transmitted correspondence sent to a prospective student-athlete (or the prospective student-athlete’s relatives or legal guardians) after one of the following events occurs:

(a) The prospective student-athlete signs a National Letter of Intent (NLI) or the institution’s written offer of admission and/or financial aid; or

(b) The institution receives a financial deposit in response to the institution’s offer of admission.

For institutions that subscribe to the National Letter of Intent program, this exception does not apply to a prospective student-athlete who only signs an institution's written offer of admission and/or financial aid prior to the initial regular (as opposed to early) signing date of the National Letter of Intent program in the applicable sport.

C.    Bylaws: Amend 13.10.3, as follows:

13.10.3 Publicity After Commitment.  There are no restrictions on publicity related to a prospective student-athlete after he or she has signed a National Letter of Intent or the institution's written offer of admission and/or financial aid or after the institution has received his or her financial deposit in response to its offer of admission, except as set forth in Bylaw 13.10.1. For institutions that subscribe to the National Letter of Intent program, this provision does not apply to a prospective student-athlete who only signs an institution's written offer of admission and/or financial aid prior to the initial regular (as opposed to early) signing date of the National Letter of Intent program in the applicable sport. [D]

Source: Southeastern Conference

Effective Date:August 1, 2016

Proposal Category: Amendment

Topical Area: Recruiting

Rationale: Recent deregulatory proposals were enacted to allow the Bylaw 13 recruiting and publicity restrictions to be relaxed for prospective student-athletes who have ended the recruiting process by making a commitment to attend an institution. Unfortunately, these changes have led to some institutions using these exceptions to pressure uncommitted prospects to sign institutional written agreements in order to gain a recruiting advantage. This pressure has been especially prevalent in football, because of the sport's more restrictive recruiting rules. The unintended consequences include unlimited recruiting and celebritized visits prior to the end of traditional recruitment. The legislation was never intended to apply in this manner, and as a result, this proposal seeks to close these "loopholes" by only allowing the recruiting and publicity exceptions to apply to prospects who have actually committed to an institution and ended the recruiting process by signing a National Letter of Intent or other commitment after the initial regular National Letter of Intent signing date. This proposal promotes the NCAA's commitment to responsible recruiting standards and will make the violation deterrent currently included in the April 16, 2014 official interpretation (Item No. 10-a) unnecessary.

Estimated Budget Impact: Could result in a reduced recruiting expenses.

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

History

Aug 26, 2015: Submit; Submitted for consideration.
Sep 25, 2015: Comment Period; Start of Comment Period
Oct 30, 2015: Sponsor modified the proposal to apply only to institutions that subscribe to the National Letter of Intent program.
Dec 1, 2015: Comment Period; End of Comment Period (Official Comment Totals: Support = 3, Oppose = 1, Abstain = 1)
Apr 8, 2016: Adopted, Pending Possible Board Review
Apr 28, 2016: No Action Taken by the Board of Directors
Apr 29, 2016: Adopted, Rescission Period; Start of Rescission Period
Jun 27, 2016: Adopted, Rescission Period; End of Rescission Period
Jun 27, 2016: Adopted; Adopted - Final

Legislative References

Division Number Title
I 13.02.13.1 Exception -- After Commitment.
I 13.10.3 Publicity After Commitment.
References