LSDBi
Convention Year: 2015
Date Submitted: August 14, 2014
Status: Adopted Final
Effective Date: August 1, 2015
Official Notice Number: 2015-2
Source: NCAA Division II Presidents Council [Management Council (Student-Athlete Reinstatement Committee)]
Proposal Category: Presidents Council
Topical Area: Recruiting
Intent: To specify that violations of the recruiting contact and evaluation legislation shall be considered de minimis, institutional violations and will not affect a prospective student-athlete's eligibility.
A. Bylaws: Amend 13.01.5, as follows:
13.01.5 Eligibility Effects of Recruiting Violation. The recruitment of a student-athlete by a member institution or any representative of its athletics interests in violation of the Association's legislation, as acknowledged by the institution or established through the Association's enforcement procedures, shall result in the student-athlete becoming ineligible to represent that institution in intercollegiate athletics, unless otherwise specified. The Committee on Student-Athlete Reinstatement may restore the eligibility of a student involved in such a violation only when circumstances clearly warrant restoration. A student is responsible for his or her involvement in a violation of NCAA regulations during the student's recruitment and involvement in a major violation (see Bylaw 19.02.2.2) may cause the student to become permanently ineligible for intercollegiate athletics competition at that institution.
B. Bylaws: Amend 13.1, as follows:
13.1 Contacts and Evaluations. Recruiting contacts (per Bylaw 13.02.3) and telephone calls with a prospective student-athlete (or the prospective student-athlete's relatives or legal guardians) by institutional staff members and/or representatives of the institution's athletics interests are subject to the provisions set forth in this bylaw. [D]
13.1.1 Contactable Prospective Student-Athletes.
13.1.1.1 High School Prospective Student-Athletes. In-person, off-campus recruiting contacts and telephone calls shall not be made with a prospective student-athlete or a prospective student-athlete's relatives or legal guardians before June 15 immediately preceding the prospective student-athlete's junior year in high school. [D]
13.1.1.2 Four-Year College Prospective Student-Athletes. An athletics staff member or other representative of the institution's athletics interests shall not make contact with the student-athlete of an NCAA or NAIA four-year collegiate institution, directly or indirectly, without first obtaining the written permission of the first institution's athletics director (or an athletics administrator designated by the athletics director) to do so, regardless of who makes the initial contact. If permission is not granted, the second institution shall not encourage the transfer and shall not provide athletically related financial assistance to the student-athlete until the student-athlete has attended the second institution for one academic year. If permission is granted to contact the student-athlete, all applicable NCAA recruiting rules apply. (See Bylaw 13.1.6 for legislation regarding contacts and Bylaw 13.1.3.1 for legislation regarding telephone calls.) [D]
[13.1.1.2.1 through 13.1.1.2.4 unchanged.]
13.1.2 Permissible Recruiters.
[13.1.2.1 through 13.1.2.2 unchanged.]
13.1.2.3 Other Restrictions, Representatives of the Institution's Athletics Interests. The following are additional restrictions that apply to representatives of the institution's athletics interests: [D]
(a) Observing Prospective Student-Athlete's Contest. A representative of the institution's athletics interests may view a prospective student-athlete's athletics contest on his or her own initiative, subject to the understanding that the representative of the institution's athletics interests may not contact the prospective student-athlete on such occasions;
(b) Evaluation of Prospective Student-Athlete. A representative of the institution's athletics interests may not contact a prospective student-athlete's coach, principal or counselor in an attempt to evaluate the prospective student-athlete; and
(c) Visiting Prospective Student-Athlete's Institution. A representative of the institution's athletics interests may not visit a prospective student-athlete's educational institution to pick up film/videotape or transcripts pertaining to the evaluation of the prospective student-athlete's academic eligibility or athletics ability.
[13.1.2.4 through 13.1.2.5 unchanged.]
13.1.3 Telephone Calls to Prospective Student-Athletes.
13.1.3.1 Time Period for Telephone Calls -- General Rule. Telephone calls to a prospective student-athlete [or the prospective student-athlete's relatives or legal guardian(s)] shall not be made before June 15 immediately preceding the prospective student-athlete's junior year in high school; thereafter, there shall be no limit on the number of telephone calls made by institutional staff members to a prospective student-athlete [or the prospective student-athlete's relatives or legal guardian(s)]. [D]
13.1.3.2 Additional Regulations.
13.1.3.2.1 During Conduct of Athletics Contest. Telephone calls to a prospective student-athlete [or the prospective student-athlete's relatives or legal guardian(s)] may not be made during the conduct of any of the institution's intercollegiate athletics contests in that sport from the time the institution's team reports on call at the competition site at the direction of the coach until the competition has concluded and the team has been dismissed by the coach. [D]
[13.1.3.2.2 unchanged.]
13.1.3.3 Permissible Callers.
13.1.3.3.1 Institutional Staff Members. In all sports, institutional staff members may make telephone calls to a prospective student-athlete [or the prospective student-athlete's relatives or legal guardian(s)] in accordance with the provisions of this bylaw. [D]
13.1.3.4 Nonpermissible Callers.
13.1.3.4.1 Enrolled Students and Student-Athletes. Enrolled student-athletes or other enrolled students shall not make or participate in telephone calls to prospective student-athletes at the direction of a coaching staff member or financed by the institution or a representative of its athletics interests; however, they may receive telephone calls at the expense of the prospective student-athlete after July 1 after the completion of the prospective student-athlete's junior year in high school. [D]
[13.1.3.4.1.1 unchanged.]
13.1.3.4.1.2 Representatives of Athletics Interests. It is not permissible for a representative of the institution's athletics interests (as defined in Bylaw 13.02.12) to make telephone calls to a prospective student-athlete. [D]
[13.1.3.5 through 13.1.4.1 unchanged.]
13.1.5 Visit to Prospective Student-Athlete's Educational Institution. Visits to a prospective student-athlete's educational institution that will occur during that portion of the day when classes are being conducted for all students must receive the approval of the executive officer (or the executive officer's designated representative) of the prospective student-athlete's educational institution. [D]
13.1.6 Contacts. There is no limitation on the number of in-person, off-campus recruiting contacts per prospective student-athlete. (See Bylaw 13.1.7 for contact restrictions at specified sites.)
13.1.6.1 Letter-of-Intent Signing. Any in-person, off-campus contact made with a prospective student-athlete for the purpose of signing a letter of intent or other commitment to attend the institution or attendance at activities related to the signing of a letter of intent or other commitment to attend the institution shall be prohibited. [D]
13.1.6.1.1 Delivery of Letter of Intent. In-person, off-campus delivery of a letter of intent by an institutional staff member shall be prohibited. The letter may be delivered by express mail, courier service, regular mail, electronic mail or facsimile machine. [D]
[13.1.6.2 unchanged.]
13.1.7 Contact Restrictions at Specified Sites.
[13.1.7.1 through 13.1.7.2.1 unchanged.]
13.1.7.2.2 High School All-Star Games. In-person contact with a prospective student-athlete shall not be made on or off the member institution's campus at a high school all-star game practice or competition site outside the permissible contact periods in football and basketball. [D]
13.1.7.2.3 Bowl Games. During a dead period, attendance by a prospective student-athlete at the site of an institution's bowl game practice session may occur only if the practice is open to the general public and the prospective student-athlete observes the practice only from an area reserved for that purpose for the general public. No contact between the prospective student-athlete and institutional staff members or representatives of the institution's athletics interests may occur. [D]
[13.1.7.2.4 unchanged.]
13.1.7.2.5 Effect of Violation. Violations of this bylaw shall be considered institutional violations per Constitution 2.8.1; however, such violations shall not affect the prospective student-athlete's eligibility.
[13.1.8 unchanged.]
13.1.9 Banquets, Meetings and NCAA Promotional Activities. A coach may speak at a meeting or banquet without triggering a permissible contact or evaluation, provided: [D]
(a) The coach does not make a recruiting presentation in conjunction with the appearance;
(b) The coach does not have direct contact with any prospective student-athlete (or the prospective student-athlete's relatives or legal guardians) in attendance;
(c) The coach does not engage in any evaluation activities; and
(d) The meeting or banquet does not take place during a dead period.
13.1.9.1 Banquets and Meetings in Conjunction with Community Engagement Activities. A coach may speak at a meeting or banquet in conjunction with a community engagement activity and have contact with a prospective student-athlete(s) (or the prospective student-athlete's relatives or legal guardians), provided: [D]
(a) The coach does not make a recruiting presentation in conjunction with the appearance;
(b) The contact is not for the purpose of securing the enrollment or ultimate participation of the prospective student-athlete(s) in the institution's intercollegiate athletics program; and
(c) The meeting or banquet does not take place during a dead period.
[13.1.9.2 unchanged.]
Rationale: This proposal would eliminate any impact on a prospective student-athlete's eligibility when an institutional staff member and/or representative of the institution's athletics interests is involved in impermissible recruiting contacts and telephone calls with the prospective student-athlete (or the prospective student-athlete's relatives or legal guardians). The prospective student-athletes lack involvement and culpability in these cases. Further, institutions submit a significant number of these cases annually. As a result, the NCAA student-athlete reinstatement staff spends a significant amount of time processing cases where a prospective student-athlete's culpability is extremely limited and, traditionally, the prospective student-athlete's eligibility is reinstated without conditions. Violations would remain institutional violations and would have to be reported to the enforcement staff.
Co-sponsorship - Conference:
None
Co-sponsorship - Institution:
None
Position Statement(s):
None
Review History:
Convention Vote:
Date of Vote:
January 17, 2015
Convention
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