Presentation on theme: "2010 NCAA Regional Rules Seminars Division I Pre-Enrollment Amateurism Certification Process and Student-Athlete Reinstatement (presented in two separate."— Presentation transcript:
2010 NCAA Regional Rules Seminars Division I Pre-Enrollment Amateurism Certification Process and Student-Athlete Reinstatement (presented in two separate but related one-hour sessions)
Overview Session One Introductions and Overview. Amateurism Certification Process. NCAA Division I Amateurism Fact-Finding Committee. Interpretive [NCAA Academic and Membership Affairs (AMA)] Process. Student-Athlete Reinstatement Process. Case Examples. Questions. Session Two Review and Overview. NCAA Division I Proposal No – Current Status/Expected Impact. Case Examples: Compare and Contrast. Questions.
Pre-Enrollment Students Pre-enrollment students defined as: High school graduates. Two-four transfers. NAIA transfers. International transfers.
Amateurism Certification Process (ACP)
ACP CASE FLOWCHART Amateurism Certification Process
Under review PSAs. Information gathering via: PSA. Institutional Request List (IRL). Necessary third parties (i.e., league officials). Independent research. Length of process.
Amateurism Certification Process FINDINGS OF FACT Mutual agreement. ACP reconsideration standard. Pilot program. Amateurism Fact-Finding Committee (plus appellate opportunity). INTERPRETATIONS OF FACT Requires undisputed facts. AMA staff interpretation and NCAA Division I Legislative Review and Interpretations Committee appellate opportunity. Interpretation appeals must be exhausted prior to penalty determination. PENALTY DETERMINATION Student-athlete reinstatement prescribed penalties (NCAA Bylaw 12). Legislated eligibility consequences (Bylaw 14). Appellate opportunities.
Findings of Fact Mutual Agreement Always desired, not always possible. Reconsideration Standard must be newly discovered and non-repetitive, and it must not have been reasonably available to any party involved in the review at the time of the decision to be deemed appropriate. Pilot Program
Appeal ACP Factual Determinations – Amateurism Fact-Finding Committee Request for determination of facts by Amateurism Fact-Finding Committee. Institution disagrees with determination of facts by ACP staff. Information relevant to the consideration of request may be submitted. New information must be reviewed by the ACP staff. Submitted within 30 days of ACPs written statement of facts. Typically, appeal is based on written record. Amateurism Fact-Finding Committee has authority to request hearing with institution and ACP staff.
Appeal ACP Factual Determinations – Amateurism Fact-Finding Committee Committee determination binding unless overturned by NCAA Division I Amateurism Cabinet. Amateurism Cabinet decisions are final. At any time, institution may proceed directly to student-athlete reinstatement (SAR). May not appeal factual determinations once SAR decision received.
Amateurism Fact-Finding Committee / Amateurism Cabinet Amateurism Fact-Finding Committee / Amateurism Cabinet Basis of Finding Information presented that it determines to be credible, persuasive and of a kind on which reasonably prudent persons rely in the conduct of serious affairs. Authority of Committee/Cabinet Authority to make a determination of facts related to certification of PSA's amateur status on request of an institution. No authority to determine violations. No authority to impose reinstatement conditions.
Interpretations of Fact Requires undisputed facts. AMA Interpretation staff review. May necessitate requested follow-up information. Appellate opportunities must be exhausted or waived prior to penalty determination.
The Interpretations Process The rule is not clear AMA staff provides an answer. ACP poses a question to AMA.
Appeal Staff Interpretations - Legislative Review and Interpretations Committee Request to the Legislative Review and Interpretations Committee. Institution may submit its interpretive arguments based on the agreed-on facts. Legislative Review and Interpretations Committee decision binding unless overturned by NCAA Division I Legislative Council. Legislative Council decisions are final. At any time, institution may proceed directly to SAR penalty determination. May not appeal any of the interpretive issues once decision received from SAR.
Student-Athlete Reinstatement Process
An ACP case will receive a reinstatement decision one of two ways: 1) Prescribed penalty application. 2) Forward to SAR staff. Reinstatement T Intersection
Prescribed Penalties imposed: Prize money. Expenses from sponsor other than parents/legal guardians or nonprofessional sponsor of event. Expenses from outside team or organization. Agreements/contracts. * Competition with professionals. * Receipt of money from professional team. * *Transfer PSAs who enrolled academic year or before OR skiing OR mens ice hockey. Bylaw 12 Violations
Forward to SAR if : No prescribed penalty exists for violation. Multiple violations apply to PSA. SAR requests case forwarded for further staff discussion. Prescribed penalty indicates a serious withholding condition of at least 20 contests and/or the equivalent of one or more seasons of competition. Bylaw 12 Violations Forward to SAR
SAR staff: Relies on facts provided by amateurism certification staff and member institution. o These facts MUST NOT be in dispute. Considers appropriate mitigation. Applies student-first philosophy. Determines appropriate condition for pre-enrollment amateurism violation(s). Attempts to provide decision within two to three weeks. o Similar to typical reinstatement request process. Forward to SAR Cont.
Dispute of facts does arise? SAR will stop processing the case and provide the issue to the amateurism certification staff to determine whether revised draft of agreed-on facts is required. What IF
Penalty Appeal Process Institution must submit written appeal form within 30 days of certification. Facts not in dispute, no new information. Reviewed by NCAA Division I Committee on Student-Athlete Reinstatement. Written or teleconference appeal. Committee decision is final.
While in high school, Cynthia (womens soccer PSA) received flight, lodging and meal expenses (valued at $2,000) from her amateur team to attend a two-week summer soccer technique camp. There was no competition tied to this camp. Case Study No. 1
Bylaw (Expenses from Outside Amateur Team/Organization) Expenses received from an outside amateur sports team or organization may not exceed actual and necessary travel, room and board expenses, and apparel and equipment for competition and practice held in preparation for such competition. Case Study No. 1 (cont…)
Interpretive Questions: Has Cynthia jeopardized her amateur status in her sport by accepting the $2,000 expenses from her amateur team to attend the camp? Case Study No. 1 (cont…)
Reinstatement Questions: Will Cynthia be certified with conditions? Will Cynthia have to repay any of the $2,000 in impermissible expenses that she received? Will Cynthia have a withholding condition? Note: Division I Committee on Student-Athlete Reinstatement June 2009 prescribed penalty. Case Study No. 1 (cont…)
Case Study No. 2 Samantha, a womens tennis PSA, competed in an open tennis event in September Samantha accepted $1,500 in prize money from the sponsor of the event. Samanthas expenses associated with the event were $900. Samanthas career expenses exceeded her career prize money. Samanthas date of birth is July She graduated high school May She will be first enrolling at State University August 2010.
Bylaw (Payment Based on Performance) Impermissible to receive any payment, including actual and necessary expenses: Conditioned on the individual's or team's place finish or performance; or Given on an incentive basis; or In excess of the same reasonable amount for permissible expenses given to all individuals or team members involved in the competition. Case Study No. 2 (cont…)
Bylaw (Pre-Enrollment Prize Money Exception) Prior to collegiate enrollment, an individual may accept prize money based on place finish or performance in an open athletics event. May not exceed actual and necessary expenses; and May be provided only by sponsor of the open event. Case Study No. 2 (cont…)
Interpretive Questions: Has Samantha jeopardized her amateur status by accepting $1,500 in prize money?
Bylaw (Delayed Enrollment) A prospect may compete in organized competition for a one-year time period after high school graduation. A prospect who does not enroll in a collegiate institution as a full-time student within that one-year period and who continues to compete: shall be charged with a season of eligibility for each calendar year subsequent to the one-year period; and Must spend one academic year in residence at the certifying institution. Case Study No. 2 (cont…)
Interpretive Questions: Is Samantha subject to Bylaw ?
Case Study No. 2 (cont…) Reinstatement Questions: Will Samantha be certified with conditions? Will Samantha have to repay any of the $1,500 in prize money she received? Will Samantha have a withholding condition?
Amateurism Certification 877/ Eligibility Center Academic and Membership Affairs 317/ AMA Student-Athlete Reinstatement o 317/ o SAR SAR Resources
Best Practices Encourage PSAs to register early. Have PSAs fully complete the online amateurism certification questionnaire. Have PSAs request final amateurism certification on or after April 1 (fall) or October 1 (spring). Keep IRL current.
SECOND SESSION Review key concepts from first session and overview of second session. Current status of Proposal No Anticipated impact of Proposal No on amateurism certification process. Old vs. new legislation case examples and penalty outcomes.
Current Status of Proposal No Status update. ACP certification approach regarding Proposal No
Proposal No Legislation 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; and Enter into agreement to compete on a professional team. Agreement may not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team. Does not receive more than actual and necessary expenses to participate on the team.
Proposal No Legislation (cont…) In sports other than men's ice hockey and skiing, an individual may compete in organized competition for a one- year time period (six months for tennis) after high school graduation. A prospect who does not enroll in a collegiate institution as a full-time student within that one-year period (six months for tennis) and who continues to compete: Shall be charged with a season of eligibility for each calendar year subsequent to the one-year period (six months for tennis); and Must spend one academic year in residence at the certifying institution.
Anticipated Impact of Proposal No on Amateurism Certification Process Expected impact on team sport recruiting. Expected impact on individual sport recruiting. Expected impact on international PSA recruiting. Issues/violations not impacted.
Old vs. New Legislation Case examples of difference in anticipated violations. Case examples of fact patterns in which penalty outcome will likely remain the same. Case examples that involve both Bylaw 12 and Bylaw 14 concerns under Proposal No
Core Fact Pattern Prior to Joeys initial collegiate enrollment, he plans to: compete in 20 contests with the Jumping Kangaroos, a team that meets the NCAA Division I "professional team" definition in Bylaw (a); sign an agreement with the Kangaroos that does not stipulate it is a professional contract or provide Joey with more money than his expenses for the season; receive a monthly stipend from the Kangaroos for his expenses (season total of $2,500); and receive transportation expenses from the Kangaroos for nine scheduled away matches (valued at $360).
Variation of Facts No. 1 Additional Facts: Joey is a mens basketball prospect. He will graduate high school June He plans to enroll at NCAA Division I State University fall He plans to compete with the Kangaroos during the season.
Variation of Facts No. 1 (cont…) Interpretive Questions: Will Joey jeopardize his amateur status by competing on and signing an agreement with a professional team during the season, and accepting the stipend from the professional team?
Variation of Facts No. 2 Variation of the Facts: Joey plans to compete for the Kangaroos in two seasons (instead of one season) after graduating high school June Joey plans to enroll at State University fall 2012 (instead of fall 2011).
Variation of Facts No. 2 (cont…) Interpretive Questions: Would his participation two years out of high school change anything?
Variation of Facts No. 3 Variation of the Facts: Joey is now a mens ice hockey prospect.
Variation of Facts No. 3 (cont…) Interpretive Questions: Will Joey jeopardize his amateur status by competing on and signing an agreement with a professional team and by accepting the stipend from the professional team?
Variation of Facts No. 3 (cont…) Reinstatement Questions: Will Joey be certified with conditions if he is a hockey PSA? If Yes, would Joey have to repay any of the stipend or transportation expenses? If Yes, would Joey have a withholding condition?
Variation of Facts No. 4 Variation of the Facts: Joey graduated from high school June Joey attended St. Peters Square University, an international institution, for the academic year. Joey competed for the Kangaroos while enrolled at St. Peters Square University. Joey transferred to NCAA Division I State University for the academic year.
Variation of Facts No. 4 (cont…) Interpretive Questions: Is Joey subject to the old rules or Proposal No ? Does it matter what sport he participates in?
Variation of Facts No. 4 (cont…) Reinstatement Questions: Will Joey be certified with conditions? Would Joey have to repay any of the stipend or transportation expenses? Would Joey have a withholding condition?
Variation of Facts No. 5 Variation of Facts: Joeys stipend was above his expenses associated with the professional team.
Variation of Facts No. 5 (cont…) Interpretive Questions: Has Joey jeopardized his amateur status by competing on, signing an agreement with and accepting expenses from a professional team? Agreement with a professional team and expenses (stipend and transportation). Note: subject to delayed enrollment legislation if sport other than mens ice hockey or skiing.
Variation of Facts No. 5 (cont…) Reinstatement Questions: Based on the monthly stipend, Joey received money above his expenses associated with the professional team. Will the starting point for the decision depend on when Joey graduated high school? Will Proposal No affect his reinstatement decision?
Retroactivity? The Amateurism Cabinet affirmed its previously agreed-on position that the newly adopted legislation should not have a retroactive effective date, but rather should be limited to prospective student- athletes as described in Proposal No
Amateurism Certification 877/ Eligibility Center Academic and Membership Affairs 317/ AMA Student-Athlete Reinstatement o 317/ o SAR SAR Resources
Best Practices Encourage PSAs to register early. Have PSAs fully complete the online amateurism certification registration. Have PSAs request final amateurism certification on or after April 1 (fall) or October 1 (spring). Keep IRL current.