O VERVIEW Purpose The enforcement basketball staff will discuss current trends and cases involving agents/advisors and other basketball enforcement-related issues. The staff will also highlight recent legislation, interpretations and outreach initiatives that will assist institutions in approaching basketball and agent related issues on-campus.
E NFORCEMENT M EN ’ S B ASKETBALL S TAFF LuAnn Humphrey Angie Cretors Abby Grantstein firstname.lastname@example.org email@example.com firstname.lastname@example.org Ken Huber Jason SingletonFrank Smith email@example.com firstname.lastname@example.org email@example.com
E NFORCEMENT W OMEN ’ S B ASKETBALL S TAFF LuAnn HumphreyElizabeth Ramsey Cindi Merrill firstname.lastname@example.org@ncaa.org email@example.com
E NFORCEMENT B ASKETBALL S TAFF : F OCUS Development of Information. Outreach Initiatives. Investigations and processing of violations.
C URRENT T RENDS AND I SSUES Agents/Advisors. Third Parties. Nontraditional Boosters. Parent/Coach Relocations.
A GENTS /A DVISORS B YLAWS 12.02.1 AND 12.02.1.1 NCAA Bylaw 12.02.1 *NEW* (Adopted: 1/14/12) An agent is any individual who, directly or indirectly: Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain; or Seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete’s enrollment at an educational institution or from a student-athlete’s potential earnings as a professional athlete.
A GENTS /A DVISORS B YLAWS 12.02.1 AND 12.02.1.1 NCAA Bylaw 12.02.1.1 *NEW * (Adopted: 01/14/12) An agent may include, but is not limited to, a certified contract advisor, financial advisor, marketing representative, brand manager or any one who is employed or associated with such persons.
A GENTS /A DVISORS B YLAWS 12.02.1 AND 12.02.1.1 The definition is not intended to include: Parents or legal guardians, Athletics department staff members, Former teammates or Those individuals who have the best interest of the prospective student-athlete or student-athlete in mind in providing assistance or information, Provided They do not intend to receiving financial gain for their assistance.
A GENTS /A DVISORS C URRENT I SSUES AND T RENDS Involvement with nonscholastic teams Funding Team administrators Coaches Relationships with former student-athletes, head and assistant coaches. Best practice: Communicate with coaches, student-athletes and prospects regarding relationships with agents and advisors.
A GENTS /A DVISORS C URRENT I SSUES AND T RENDS Suggested Monitoring Efforts: Complimentary admissions records. Individuals receiving coaches’ discretionary tickets. Individuals given access to practice, locker rooms, etc. Men’s basketball staff telephone records. Tracking representation of former student-athletes. Individuals consistently present around student- athletes.
T HIRD P ARTIES – I SSUES AND T RENDS Includes financial advisors, marketing representatives and brand managers. (See NCAA Bylaw 12.02.1.1) Individuals insert themselves into the prospect’s recruiting process offering assistance and guidance to the family as well as connections to college coaches. Development of relationships with nonscholastic teams, student-athletes, prospects and their family members.
T HIRD P ARTIES – I SSUES AND T RENDS Provision of impermissible benefits including: Payment for visits to campus Employment/relocation arrangements Cash, loans, gifts Automobiles Often an agent is also involved with these relationships and the provision of benefits is funneled through the third party.
T HIRD P ARTIES – B EST P RACTICES Communicate with men’s basketball staff – they know who is involved with prospects and student- athletes. Review complimentary admissions requests. Automobile record review. Unofficial visit documentation. Prospect lists/recruiting files. Social networking sites (Facebook, Twitter, etc.)
Generally, individuals known to the coaching staff to have: Provided benefits to a student-athlete; or Promoted the institution or the men’s basketball program to prospects. Coaching staff cannot accept indirectly what cannot be done directly. Institutional control risk for failing to monitor the activities of nontraditional boosters with significant ties to sports programs.
N ONTRADITIONAL B OOSTERS Best Practices: Communicate with men’s basketball staff regarding individuals involved with student-athletes who are promoting the program to the prospects. Monitor recruiting lists – track patterns of same individuals being involved with multiple recruited prospects. Educate men’s basketball staff on red flags related to individuals involved in recruitment with no logical tie to the prospect. No family or coach/player relationship. Different geographic locations. Relationship does not pre-date the prospect’s recruitment.
P ARENT /C OACH /H ANDLER R ELOCATION An increase in parents, high school and nonscholastic coaches, and “handlers” relocating to the locale of the institution. NCAA Bylaw 13.2.1 prohibits institutional staff members and representatives of the institution’s athletics interests from being involved directly or indirectly in making arrangements for or giving or offering to give: An employment arrangement for a prospective student- athlete’s relatives; and Free or reduced-cost housing. Institutional staff members cannot directly or indirectly assist in finding or securing local housing or employment opportunities.
P ARENT /C OACH /H ANDLER R ELOCATION Best Practices: Educate men’s basketball staff and representatives of the institution’s athletics interests on Bylaw 13.2.1 limits in assisting individuals moving to the locale of the institution. Document discussions about potential relocation during recruitment process. Ensure men’s basketball staff and boosters have no involvement in obtaining housing or employment. Follow up on red flags regarding: Changes in standard of living; Qualifications for employment positions; and Hiring procedures.
L EGISLATIVE U PDATE : R ECRUITING AND S COUTING S ERVICES NCAA Bylaw 126.96.36.199 (Adopted: 03/14/12) In basketball and football, an institution shall not subscribe to a recruiting or scouting service unless the service has been approved by the NCAA pursuant to an annual approval process. (Effective June 1, 2012)
L EGISLATIVE U PDATE : R ECRUITING AND S COUTING S ERVICES 2012-2013 Scouting Service Approval Cycle: June 1, 2012 – May 31, 2013 Mandatory Submission Period: April 1, 2012 – May 31, 2012 A scouting service must submit an application for approval through NCAA scouting service system during this time period in order for a member institution to subscribe to the service after May 31, 2012. If the scouting service’s application is approved, the approval will be valid until May 31, 2013.
L EGISLATIVE U PDATE : R ECRUITING AND S COUTING S ERVICES The list of approved scouting services can be accessed at: http://web1.ncaa.org/scouting/school_searchhttp://web1.ncaa.org/scouting/school_search An ncaa.org account is required in order to access the list. Continued institutional responsibility to verify: The product received is consistent with to the sample that was submitted with the scouting service online application. The institution received information from the scouting service (e.g., reports, profiles) about prospective student- athletes at least four times per annual cycle. The fee rate charged to the institution is the same as the fee rate listed on the NCAA approved scouting services list.
L EGISLATIVE U PDATE : C AMP O PERATIONS – B YLAW 188.8.131.52 In men’s basketball, an institution’s basketball camp or clinic shall not offer a different participation, registration procedure, fee structure, advertisement and/or logistical experience (e.g., lodging, meals, transportation, awards/mementos) than other institutional men’s/boys’ basketball camps or clinics. Interpreted to mean that the experiences for all camps must be similar.
L EGISLATIVE U PDATE : T EAM C AMPS Instructional component All camps and clinics must offer a similar proportion of instruction related to other activities. Team camps cannot consist of only competition. There must be an instructional component similar in proportion to that in other camps. Especially important when nonscholastic teams are attending the camp to avoid hosting a nonscholastic practice or competition on campus.
L EGISLATIVE U PDATE : T EAM C AMPS Registration Common Issues: Filtering registration applications. Special invitations to attend camp. Payment of registration fees by third parties. Enforcement Monitoring (all camps) Advertising and registration. On-site monitoring.
L EGISLATIVE U PDATE : N ONSCHOLASTIC E VENTS NCAA Bylaw 184.108.40.206 An institution shall not host, sponsor or conduct a nonscholastic basketball practice or competition in which men’s basketball prospective student-athletes participate on its campus or at an off-campus facility regularly used by the institution for practice and/or competition by any of the institution’s sports programs.
L EGISLATIVE U PDATE : N ONSCHOLASTIC E VENTS The determination of whether an event is considered scholastic or nonscholastic is based both on the status of the individual or entity conducting the event as well as the nature of the individuals or teams that participate in the event. To be considered a scholastic activity, the event must be conducted by a scholastic entity. Even if the event is being conducted by a scholastic entity, the event is not a scholastic event if nonscholastic teams participate.
L EGISLATIVE U PDATE : N ONSCHOLASTIC E VENTS – B EST P RACTICES Determine: Who or what organization contacted the institution or contest facility to schedule the event? Who or what organization will be signing the facility rental agreement? Who or what organization will be responsible for insuring the event? Who or what organization will be advertising or promoting the event? Work closely with facility managers in reviewing all facility rental agreements prior to signing. Contact the enforcement basketball staff.
L EGISLATIVE U PDATE : N ONCOACHING S TAFF H IRES NCAA Bylaws 11.4.2 and 220.127.116.11 In men’s basketball, during a two-year period before a prospective student-athlete’s anticipated enrollment and a two-year period after the prospective student-athlete’s actual enrollment, an institution shall not employ (or enter into a contract for future employment with) an individual associated with the prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position.
L EGISLATIVE U PDATE : N ONCOACHING S TAFF H IRES Trigger dates: Date the IAWP is hired, or given an agreement for future hire, in a noncoaching staff position. Date the prospective student-athlete is expected to or actually enrolls full-time. Application to current NCAA, two-year and NAIA coaches – see NCAA Bylaw 18.104.22.168 Advisory. NCAA Bylaw 13.02.17 -Duration of IAWP status: An individual who meets the definition of an IAWP retains such status during the enrollment of the prospective student-athlete at the institution.
L EGISLATIVE U PDATE : T RANSFER OF I NTERPRETIVE A UTHORITY October 2009 – Board of Directors provided enforcement staff with interpretive authority for certain issues in men’s basketball (Educational Column 10/27/2011) April 2012 – Board approved transfer of authority to AMA. Effective: June 15, 2012.
L EGISLATIVE U PDATE : T RANSFER OF I NTERPRETIVE A UTHORITY In order to ensure consistency, AMA will: Apply rationale supporting Board’s October 2009 actions; Adhere to established case precedent; and Confer with enforcement on cases of first impression.
D IVISION I E NFORCEMENT : B ASKETBALL T RENDS AND I SSUES Questions?