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October 2011 SJSU Compliance Office. #1: Who must an athletic department staff member notify of a possible rules violation?  D, the Compliance Office.

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Presentation on theme: "October 2011 SJSU Compliance Office. #1: Who must an athletic department staff member notify of a possible rules violation?  D, the Compliance Office."— Presentation transcript:

1 October 2011 SJSU Compliance Office

2 #1: Who must an athletic department staff member notify of a possible rules violation?  D, the Compliance Office or Athletic Director  Bylaw 10.1 defines unethical conduct by a prospect or enrolled student-athlete or a current or former institutional staff member, which includes any individual who performs work for the institution or the athletics department even if he/she does not receive compensation for such work, to include the following:

3 #1: Bylaw 10.1 cont’d… a) Refusal to furnish information relevant to an investigation of a possible violation of an NCAA regulation when requested to do so by the NCAA or the individual's institution; b) Knowing involvement in arranging for fraudulent academic credit or false transcripts for a prospect or an enrolled student-athlete; c) Knowing involvement in offering or providing a prospect or an enrolled student-athlete an improper inducement or extra benefit or improper financial aid;

4 #1: Bylaw 10.1 cont’d… d) Knowingly furnishing or knowingly influencing others to furnish the NCAA or the individual's institution false or misleading information concerning an individual's involvement in or knowledge of matters relevant to a possible violation of an NCAA regulation; e) Receipt of benefits by an institutional staff member for facilitating or arranging a meeting between a student- athlete and an agent, financial advisor or a representative of an agent or advisor (e.g., "runner"); f) Knowing involvement in providing a banned substance or impermissible supplement to student-athletes, or knowingly providing medications to student-athletes contrary to medical licensure, commonly accepted standards of care in sports medicine practice, or state and federal law.

5 #1: Bylaw 10.1 cont’d… g) Failure to provide complete and accurate information to the NCAA, the NCAA Eligibility Center or an institution's admissions office regarding an individual's academic record (e.g., schools attended, completion of coursework, grades and test scores); h) Fraudulence or misconduct in connection with entrance or placement examinations; i) Engaging in any athletics competition under an assumed name or with intent to otherwise deceive; or j) Failure to provide complete and accurate information to the NCAA, the NCAA Eligibility Center or the institution's athletics department regarding an individual's amateur status.

6 Case Study: Ohio State  Facts: Student-athletes exchanged awards received for their athletics participation for tattoos in violation of NCAA rules. A prominent booster provided head coach with the aforementioned information via email. Coach read the email and forwarded it to the football player’s mentor, asking him to take care of the situation.

7 Case Study: Ohio State cont’d…  Corrective Action The student-athletes were rendered ineligible to compete in the first five games of the following year. The coach was terminated for failure to report known violation to appropriate athletic department authorities and failure to cooperate with a NCAA investigation.

8 #2: It is permissible for the SJSU Marketing Department to film student-athletes working out in the summer for the purpose of posting the footage on  B, False  All summer workouts must be voluntary. Bylaw 17.02.13(b) states that in order for athletically related activity to be considered "voluntary," the student-athlete's attendance and participation in the activity (or lack thereof) may not be recorded for the purpose of reporting such information to coaching staff members or other student-athletes.

9 Case Study: University of Iowa  Facts: Members of the University of Iowa’s Marketing Department filmed summer workouts and posted the footage on their institutional website. Because the footage was accessible to anyone via the institution’s website, coaches were able to view the voluntary workouts in violation of NCAA rules.

10 Case Study: University of Iowa cont’d…  Corrective Actions: Letters of Admonishment were issued to the Marketing staff. These Letters are placed in the employee’s permanent file. Compliance education was conducted for the Marketing Staff. All future institutional videos must be approved by the Compliance Office prior to posting.

11 #3: It is permissible to arrange for prospects to live with current student-athletes during the summer prior to the prospect’s first full- time enrollment.  B, False  Per Bylaw 13.2.1, an institution's staff member or booster shall not be involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospect or his or her relatives or friends, other than expressly permitted by NCAA regulations. Receipt of a benefit by a prospect or his or her relatives or friends is not a violation of NCAA legislation if it is determined that the same benefit is generally available to the institution's prospective students or their relatives or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability.

12 Case Study: Boise State  Facts: Over the course of 4 years, the football staff arranged for 40 prospects to live with current student-athletes during the summer in violation of NCAA extra benefit legislation. The prospects were “paired up” with older student-athletes in their position. Some prospects paid for living expenses, while others lived for free during the summer.

13 Case Study: Boise State, cont’d…  Corrective Action: Public reprimand and censure. Three years of probation from Sept. 13, 2011, through Sept. 12, 2014. Reduction of football scholarships from 85 to 82 for the 2011-12, 2012-13 and 2013-14 academic years. The institution must pay a $5,000 penalty as a result of the student-athlete’s ineligible participation.

14 #4: If a student-athlete is declared a nonqualifier, he/she may participate in…  C, Study Hall  Per Bylaw, an entering freshman with no previous college attendance who was a nonqualifier at the time of enrollment in a Division I institution is not eligible for practice, competition or athletics aid during the first academic year in residence.  However, a nonqualifier during his/her initial year of enrollment is eligible for academic/tutoring services, a conditioning program supervised by strength coach (workout apparel may be issued), occasional home meals, financial aid, among other things…

15 Case Study: Boise State  Facts: A track & field assistant coach arranged for a student-athlete who was a nonqualifier (NQ) to live with current student-athletes for no cost during the NQ’s year in residence. NQ received meals and clothing and practiced with the team during his year in residence. NQ received institutional financial aid for unpaid tuition.

16 Case study: Boise State cont’d…  Corrective Actions: Public reprimand and censure and three years probation. Two-year show-cause order for former assistant coach. Reduction of scholarships by 1.5 equivalencies for two academic years in the sport of track & field Reduction of official recruiting visits. Reduction in number of coaches permitted to recruit off- campus for six months for two academic years. Two-year prohibition on recruiting international prospects. The institution must pay a $5,000 penalty as a result of a student-athlete’s ineligible participation.

17 #5: It is permissible to show a prospect a recruiting presentation that includes his/her name.  B, False  Per Bylaw, an institution may produce a recruiting presentation (e.g., using presentation software) to show to, play for or provide to a prospect, subject to the following provisions: a) The presentation may be posted to the institution's website;

18 #5: Bylaw – Recruiting Presentations cont’d… b) The presentation may include general informational video/audio material that relates to an institution or its athletics programs and is not created for recruiting purposes; c) The presentation may not be personalized to include a prospect's name, picture or likeness; and d) The presentation may not be created by an entity outside the institution.

19 Case Study: Minnesota  Facts: A prospect was shown a personalized video and powerpoint presentation during an unofficial visit.  Corrective Actions: The Recruiting Coordinator was suspended for 2 weeks. The program must obtain pre-approval for all recruiting activities for a year. The Head Coach and Recruiting Coordinator were issued Letters of Reprimand, to be placed in their employment files.

20 #6: It is permissible for a coach to buy alcohol for student-athletes to celebrate a win, as long as the student-athletes are of age.  B, False  Per Bylaw, student-athletes may not receive any extra benefit. The term "extra benefit" refers to any special arrangement by an institutional employee or booster to provide the student-athlete or his or her relatives or friends with a benefit not expressly authorized by NCAA legislation, or not generally available to the institution’s student body.

21 Case Study: Nevada  Facts: Student-athletes wanted to celebrate a victory at the hotel bar, Coach did not want his players to celebrate that way. Instead, coach drove student-athletes to a liquor store and purchased them a case of beer. During the investigation, the NCAA also found numerous other secondary violations involving extra benefits, including lodging, transportation, the provision of cash and complimentary country club benefits.

22 Case Study: Nevada cont’d…  Corrective Actions: As a result of the found major violation, public reprimand and censure and three years probation. Limit on the MGF grants in aid in from 4.5 to 4.0 for two academic years. Limit on the WGF grants in aid from 6 to 5.5 for two academic years. Institution was required to pay a fine of $1,500. Show-cause order placed on the former head men's golf coach for two years. Annual compliance reporting required.

23 #7: Which of the following activities may be conducted by a manager?  D, Cleaning up equipment after a drill  Per Bylaw, an athletics department staff member must count against coaching limits as soon as the individual participates in the coaching (includes conducting activities) of a team in practice, games or organized activities directly related to that sport, including any organized staff activity directly related to the sport.

24 Case Study: Arizona State  Facts: Over multiple years, the baseball coaching staff used student managers for various duties such as conducting drills, pre-game warm-ups, and contacting prospects off-campus in violation of NCAA rules.

25 Case Study: Arizona State cont’d…  Corrective Actions: Head baseball coach prohibited from making recruiting calls during first two weeks of September 2008 and from participating in first three practices of fall 2008. Number of coaches allowed to recruit off-campus reduced by one for one week during fall 2008 contact period. Reduced by one the number of coaches allowed to participate in practice activities during the 2008 fall 45 days of practice to address the issue of impermissible participation of managers in practice. Recruiting calls prohibited during July 2010 and July 2011. Reduced number of coaches participating in off-campus recruiting from three to two for 2010-11 academic year.

26 #8: It is permissible to conduct an elite camp limited by participant skill level.  B, False  Per Bylaw 13.12.1, a member institution's sports camp or clinic shall be open to any and all entrants, limited only by number, age, grade level and/or gender.

27 #9: When is it permissible to offer a prospect free or reduced admission to a camp/clinic?  D, published and available to all who qualify  Per Bylaw, an institution, members of its staff or boosters shall not employ or give free or reduced admission privileges to a prospect or any individual being recruited by the institution. An institution may offer discounted admission to its camps and clinics based on objective criteria unrelated to athletics abilities (e.g., registration prior to a specific date, online registration, attendance at multiple sessions, group discounts), provided such discounts are published and available on an equal basis to all who qualify.

28 Case Study: Miami  Facts: Assistant baseball coach permitted prospect to attend his camp at no charge. At time of the camp, the coach’s institution was recruiting the prospect, who had just started his senior year in high school and who had not yet committed to any member institution. The camp was not advertised publically, the only announcement of the camp was through invitations sent out only to those prospects being recruited by the institution.

29 Case Study: Miami  Corrective Actions: Informed the assistant coach that he must cease any and all coaching activities outside of the university for any and all prospect-aged participants. He was informed he could not be involved in any outside coaching activities until the completion of the NCAA investigation. Prohibited all coaching staff members from being involved in any manner with any clubs, clinics, camps, instructional sessions, lessons, etc., other than the head baseball coach's private camp for one year.

30 #10: A student-athlete can be paid at a slightly higher rate because of his/her position/status as student-athlete.  B, False  Per Bylaw 12.4.1, compensation may be paid to a student-athlete: a) Only for work actually performed; and b) At a rate commensurate with the going rate in that locality for similar services.  Per Bylaw, such compensation may not include any remuneration for value or utility the student-athlete may have for employer because of publicity, reputation, fame or following attained due to athletics ability.

31 Case Study: Oklahoma  Facts: Three football student-athletes would “clock in” at work attained via a booster, then leave to go do various activities such as practice, classes, and workouts. After said activities, student-athletes would return to work and “clock out.” The student-athletes were compensated for the amount of time they were on the clock, not for the amount of work they performed.

32 Case Study: Oklahoma cont’d…  Corrective Actions: Institution permanently dismissed student-athletes from team when it was determined that they had been knowingly and willfully involved in receiving pay for work not performed. During the academic year, the institution did not re-award or re-allocate to other student-athletes or walk-ons the financial aid that had been awarded to the dismissed student- athletes, resulting in a reduction of financial aid awards. The institution vacated all wins in which the ineligible student-athletes competed during the season. The individual records of the involved student-athletes were vacated as well. The institution's records, as well as the record of the head coach at the time, were reconfigured to reflect the vacated wins.

33 #11: Which of the following scenarios is permissible during an unofficial recruiting visit?  C, Having a pre-game tailgate where prospects are charged a flat rate to eat.  Per Bylaw, a prospect on an unofficial visit to an institution may pay the actual cost of meals (or the regular cost of training-table meals) and eat with other prospects who are on their official visits or with enrolled student-athletes.

34 Case Study: Tennessee  Facts: MBK program had multiple prospects on- campus for a recruiting weekend. Head Coach had a BBQ at his home for those prospects on official visits. Assistant Coaches invited prospects on unofficial visits to BBQ as well. When unofficial visit prospects came to his home, Head Coach recognized they shouldn’t have been offered an invitation, but fed them anyway and told families to not tell anyone.

35 Case Study: Tennessee cont’d…  Corrective Actions: Prohibited current staff from providing off-campus occasional meals for one year. Reduced by six the number of permissible recruiting person days for the spring evaluation period. At start of investigation, reduced Head Coach's total compensation by $1.5 million and delayed a $500,000 retention bonus that he was scheduled to receive and suspended him from all coaching-related duties during the first eight conference contests. At conclusion of investigation, terminated Head Coach and 3 Assistant Coaches.

36 #12: Once a student-athlete has been deemed ineligible, it is the institution’s responsibility to withhold the student-athlete from competition.  B, True  Per Bylaw 14.11.1, if a student-athlete is ineligible under the provisions of the constitution, bylaws or other regulations of the NCAA, the institution shall be obligated to apply immediately the applicable rule and to withhold the student-athlete from all intercollegiate competition.

37 Case Study: Georgia Tech  Facts: GT had knowledge of a football student-athlete receiving clothing from a runner of an agent contrary to NCAA extra benefit legislation. Instead of withholding student-athlete and initiating reinstatement procedures, GT let student-athlete participate in 3 contests including ACC Championship and a post-season bowl game. NCAA investigation uncovered impermissible on- campus recruiting activities in MBK as well.

38 Case Study: Georgia Tech cont’d…  Corrective Actions: Institution placed on four years probation and fined $100,000. Reduced the number of evaluations permitted during the summer evaluation period in MBK. Limited MBK to 10 official visits for 2 academic years. Institution was required to vacate all contests won by football team in which the ineligible student-athletes participated. In every publication and recruiting material, institution required to include information regarding violations, penalties and terms of probation.

39 #13: Student-athletes are permitted to receive recommended textbooks as part of their athletics scholarship.  B, False  Per Bylaw 15.2.3, an institution may provide student-athletes financial aid that covers the actual cost of required course-related books.  Per Bylaw, there is no dollar limit for books a student-athlete may receive, provided each book is required for a course in which the student-athlete is enrolled.

40 Case Study: Nebraska  Facts: From Spring 2007 to Fall 2010, Nebraska provided recommended textbooks to their student-athletes valued at $27,869.47.  Corrective Actions: The institution placed itself on probation for 2 years and donated 28K to a charity designated by the NU Student-Athlete Advisory Committee.

41 #14: Which of the following is an impermissible extra benefit?  D, All of the above  Per Bylaw, an institutional employee or booster may not provide a student-athlete with extra benefits or services, including, but not limited to: a) A loan of money; b) A guarantee of bond; c) An automobile or the use of an automobile; d) Transportation; or e) Signing or cosigning a note with an outside agency to arrange a loan.

42 Case Study: South Carolina cont’d…  Facts: Received a notice of allegations on 9/19/2011 in which FB student-athletes are believed to have received $47K in reduced rent at a hotel from a booster. Student-athletes were also believed to have been offered the option to delay payment of rent benefit until a later date (after draft).

43 Case Study: South Carolina cont’d…  Corrective Actions: Case pending… As a Compliance Officer, what would you recommend?

44 #15: Who may a certified coaching staff member have off-campus contact with?  C, A senior prospect  Per Bylaw, off-campus recruiting contacts shall not be made with an individual (or his or her relatives or legal guardians) before July 1 following the completion of his/her junior year in high school (July 15 after the junior year in high school in women's gymnastics), or the opening day of classes of his/her senior year in high school (as designated by the high school), whichever is earlier.

45 Case Study: Arkansas FACTS: CBS Sports published this picture of University of Arkansas Head Coach with two prospects known to be in their junior year at a high school event.

46 Case Study: Arkansas  Corrective Actions: As a reminder, regardless of whether a contact occurs, DO NOT pose for pictures with fans/bystanders/prospects while evaluating prospects. obtained this picture and notified the NCAA and the University of Arkansas. Prospects were deemed ineligible to compete at the University of Arkansas until reinstated by the NCAA.

47 #16: Conditioning drills that involve the use of offensive and defensive lineups may be conducted as part of out of season voluntary conditioning activities.  B, False  Per Bylaw, conditioning drills that simulate game activities are permissible, provided no offensive or defensive alignments are set up and no equipment related to the sport is used. In swimming and diving, a student-athlete may be involved in in-pool conditioning activities and swim-specific equipment (e.g., starting blocks, kickboards, pull buoys) may be used.

48 Case Study: West Virginia  Facts: During out of season team conditioning, the football program conducted drills that involved offensive and defensive alignments and used a taped up towel as a football to simulate plays. NCAA investigation also uncovered that noncoaching staff members were performing coaching duties during these drills.

49 Case Study: West Virginia cont’d…  Corrective Actions: Public reprimand and censure and two years probation from July, 2011 through July, 2013. Reduced the amount of CARA for football student- athletes in the spring and summer of 2010 by a total of 46.25 hours. The reductions were made in the eight and 20 weekly hour periods available to the football team from January through July 2010. Specifically, the university reduced the number of weekly hours for strength and conditioning. The positions of the noncoaching staff members involved in coaching activities were discontinued.

50 #17: When is it is permissible for an institutional representative to comment on the offer of aid to a prospect ?  A, When the prospect has signed an NLI.  Per Bylaw 13.10.2, before a prospect signs an NLI or offer of admission and/or financial aid, the institution may comment publicly only to the extent of confirming its recruitment of the prospect. The institution may not comment generally about the prospect's ability or the contribution that the prospect might make to the institution's team; further, the institution is precluded from commenting in any manner as to the likelihood of the prospect's signing with that institution.

51 Case Study: UNC  Facts: When UNC’s Chancellor was asked by the media if the son of a former head coach, who had just been fired as a result of multiple NCAA violations, would still receive a football scholarship, he acknowledged the offer in violation of NCAA legislation.  Corrective Actions: UNC self reported the violation Because the incident was isolated and provided no recruiting advantage, no additional penalties were assigned to the incident.

52 #18: A student-athlete must receive approval from the athletic director or his/her designee prior to participating in a community service activity.  A, True  Per Bylaw, a member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student- athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student- athlete's participation in intercollegiate athletics, provided the following conditions are met:

53 #18: Bylaw cont’d… a) The student-athlete receives written approval to participate from the director of athletics (or his or her designee who may not be a coaching staff member); Provisions b – h i) The student-athlete and an authorized representative of the charitable, educational or nonprofit agency sign a release statement ensuring that the student-athlete's name, image or appearance is used in a manner consistent with the requirements of this section.

54 Case Study: Ohio Stat e  Facts: Three football student-athletes attended a charity event without permission from the institution and accepted a gift of $200 to attend the event in violation of NCAA legislation.  Corrective Actions: Involved student-athletes were suspended for the opening game of the season and each were required to make a donation of $200 to a charity of his choice.

55 #19: It is permissible to participate in a foreign tour that does not include competition.  B, False  If no competition takes place during a foreign tour, it would be considered a practice and fall under Bylaw, which states that expenses may be paid for practice sessions only if they are associated with an away-from- home contest or conducted at a site located within the institution's state or, if outside that state, no more than 100 miles from the institution's campus.

56 #20: It is permissible to offer a player $200 dollars if they win a match.  B, False  Bylaw 10 prohibits staff members from engaging student-athletes in activities designed to influence the outcome of an intercollegiate contest or in an effort to affect win-loss margins ("point shaving") or from participating in any sports wagering activity involving NCAA sponsored sports.

57 Case Study: Southern Miss  Facts: Men’s Tennis team traveled to the Bahamas on a foreign tour. While on the tour, the scheduled opposition cancelled; thus, the team played against no outside competition while in the Bahamas. During a tournament match, the Men’s Tennis Coach told a competing student-athlete that if he won, he would receive $200. He placed the money in the student-athletes bag in front of multiple witnesses, and after the player lost, he removed the cash from the bag.

58 Case Study: Southern Miss cont’d…  Corrective Action: The coaching staff was terminated.

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