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San Jose State University Athletic Department COMPLIANCE OFFICE

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Presentation on theme: "San Jose State University Athletic Department COMPLIANCE OFFICE"— Presentation transcript:

1 San Jose State University Athletic Department COMPLIANCE OFFICE
CAMPS, CLINICS, CLUBS & LESSONS March 15 & 17, 2016

2 Important Terms

3 Bylaw 13.02.12 defines a prospect as a student who has started classes for the 9th grade.
Bylaw Exception in Men's Basketball: For purposes of camps/clinics legislation, a prospect includes any individual who has started classes for the 7th grade.

4 Men’s Basketball Recruited Prospect
Pursuant to Bylaw (a), a men's basketball prospect is considered a recruited prospect if the prospect’s attendance at any SJSU camp/clinic was solicited by SJSU.

5 Sports Camp/Clinic Bylaw defines a sports camp or clinic as one owned or operated by an institution or an employee of an institution’s athletic department, either on or off it’s campus, in which prospects participate. Regardless of whether or not the camp/clinic involves prospect-age participants, a Camp/Clinic Request Form, must be submitted to the Compliance Office for approval PRIOR to the start of the camp.

6 Off-campus/Satellite Camps – Prospect camps/clinics owned or operated by SJSU or an SJSU athletic department employee held off the SJSU campus must be operated in accordance with NCAA rules. Bylaw Location Restriction Basketball: Camp/clinic must be conducted on SJSU’s campus or within a 100-mile radius of campus.   Football: Camp/clinic must be conducted on SJSU's campus, within CA, or if outside the state, within a 50-mile radius of campus. 

7 Bylaw 13.12.1.1.2 sets forth the purpose of a sports camp/clinic as one that:
Places special emphasis on a particular sport or sports and provides specialized instruction or practice and may include competition; Involves activities designed to improve overall skill and knowledge in the sport; or Offers a diversified experience without emphasis on instruction, practice or competition in any particular sport.

8 Noninstitutional Camp/Clinic: A camp or clinic that is not owned or operated by SJSU or an employee of SJSU’s Athletic Department. [2/1/90, Official] All SJSU staff members who work noninstitutional camps or clinics involving prospects must complete and submit a Non-Institutional/Privately Owned Camp/Clinic Employment Form verifying that the camp/clinic is conducted in accordance with NCAA rules prior to the start of the camp.

9 Time/Location Restrictions

10 Football When? Per Bylaw , an institution’s football camp/clinic may be conducted only during two periods of 15 consecutive days in the months of June and July or any calendar week (Sunday through Saturday) that includes days of those months. The dates of the two 15-day periods must be on file in the Compliance Office.   Where? Per Bylaw , an institution’s football camp/clinic may only be conducted on the institution’s campus, within the state in which the institution is located, or if outside the state, within a 50-mile radius of the institution’s campus.

11 Basketball When? Per Bylaw , an institution’s basketball camp/clinic may be conducted only during the months of June, July, and August, or any calendar week (Sunday through Saturday) that includes days of those months (e.g., May 28-June 3). Where? Per Bylaw , a camp/clinic must be conducted on SJSU’s campus or within a 100-mile radius of campus.

12 Sports other than Football & Basketball
Per Bylaw , camps/clinics may be held anytime of year except during a dead period.

13 Recruiting Calendar Exception
The interaction during sports camps/clinics between prospects and coaches employed by the camp/clinic is not subject to recruiting calendar restrictions. However, an institutional staff member employed at any camp or clinic (e.g., counselor, director) is prohibited from recruiting any prospect during the time period that the camp or clinic is conducted (from the time the prospect reports to the camp or clinic until the conclusion of all camp activities).

14 Recruiting Calendar Exception, cont’d…
The prohibition against recruiting includes extending written offers of financial aid to any prospect during his/her attendance at the camp or clinic, but does not include recruiting conversations between a coach and a participating prospect during the institution's camps or clinics. Other coaches wishing to attend the camp as observers must comply with appropriate recruiting contact and evaluation periods.

15 Additional Restrictions Men’s Basketball
Per Bylaw , 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 or awards/mementos) than other institutional men's/boys' basketball camps or clinics.

16 Promoting, Advertising & Publicizing

17 Camp or Clinic Advertisements or Promotions
Per Bylaw , an institutional camp or clinic advertisement or promotion (e.g., camp brochure, website, newspaper or magazine advertisement) must indicate that the camp or clinic is open to any and all entrants (limited only by number, age, grade level and/or gender).  Per Bylaw , an institution may advertise or promote an institutional camp or clinic toward a particular audience (e.g., elite camp), provided the advertisement or promotion indicates that the camp or clinic is open to any and all entrants (limited only by number, age, grade level and/or gender). 

18 ALL CAMP/CLINIC BROCHURES AND OTHER METHODS OF ADVERTISING (including websites) MUST BE APPROVED BY THE COMPLIANCE OFFICE PRIOR TO DISTRIBUTION!!!... All forms of camp advertisement must be attached to the Camp/Clinic Request Form, which must be submitted to the Compliance Office for approval for all camps/clinics conducted by an SJSU athletics program or staff member.

19 Camp Advertisements Institutions are prohibited from advertising summer camps/clinics on a billboard located at a high school stadium. [5/28/09, Staff] Institutions are permitted to place an advertisement regarding its summer sports camps in the sports section of a commercial newspaper. [3/24/89, Staff] An institution is permitted to place an advertisement for summer camps in institutional game programs.[1/15/86, Official]

20 Bylaw 13.4.1.3 Brochures Content/Design
Camp brochures are considered recruiting materials; however, they MAY be provided to prospects at any time. There are no restrictions on the content and design of summer camp brochures.

21 Bylaw 12.5.1.6 Brochures Use of current student-athletes:
A current student-athlete’s name, picture or institutional affiliation may NOT be used to advertise or promote an institutional camp/clinic. A student-athlete’s name, picture and institutional affiliation may ONLY be used to identify the student-athlete as a staff member in the camp counselor section of the brochure.

22 Bylaw 11.3.2.6 Quotations & Pictures Used to Promote a Camp
A coaching staff member may not promote a noninstitutional camp/clinic by permitting the use of his/her quotations and/or pictures in the camp/clinic brochure, unless that coaching staff member is employed by the camp.

23 Invitations Prospects may be invited to an SJSU camp/clinic, provided the camp/clinic is legitimately advertised, open to all entrants, limited only by age and number, and SJSU coaching staff members employed at the camp/clinic do not work exclusively with those prospects. [8/19/88, Staff]

24 Bylaw 11.7.2.3 (d) Calls Pertaining to Camp/Clinic Logistical Issues
Any staff member (e.g., countable coach, volunteer coach, administrative assistant, noncoaching staff member with sport-specific responsibilities) may make phone calls regarding camp/clinic logistical issues. These calls may not include any recruiting conversation or solicitation of particular individuals to attend the camp/clinic.  There is no limit on the number of calls that may be made to a prospect regarding camp/clinic logistical issues, and such calls are not subject to the time period limitations for phone calls. 

25 Camp/Clinic Logistical Issues, cont’d…
Camp/clinic logistical issues may include but are not limited to: Incomplete, insufficient or illegible payment information; Incomplete or unsigned paperwork or forms; Questions regarding accommodations; Questions regarding items to bring to camp; Questions regarding transportation/meal options; or Medical questions.

26 Admission Fees & Participation

27 Attendance Restriction
Per Bylaw , all SJSU camps/clinics must be open to any and all entrants, limited only by age, number of participants, grade level and/or gender. Currently enrolled SJSU student-athletes may not participate as campers in SJSU camps/clinics. [Bylaw 17] If JC prospects (must be qualifiers if in 1st year) or 4Ts (must have PTC) are participating in an SJSU camp/clinic, the camp/clinic must be advertised as open to prospects 9th grade and above; there can be no restriction on age such as 9-12 grade.

28 Reduced Admissions Per Bylaw , SJSU, members of its staff or boosters may not give free or reduced admission privileges to a high-school, prep school or two-year college prospect or any individual being recruited by the institution. Per Bylaw , a booster may not pay a prospect’s expenses to attend an SJSU camp/clinic.

29 Reduced Admissions, cont’d…
It is permissible for SJSU to offer free or reduced admissions to attend SJSU camps/clinics to the children of institutional and athletic department staff members and camp coaches regardless of whether the child is a high-school, prep school or two-year prospect. [10/29/03, Staff]

30 Reduced Admissions, cont’d…
The Free or Reduced Admissions & Refund Roster must be completed and submitted to the Compliance Office at least two weeks following the conclusion of the camp.

31 Group Discounts SJSU may offer group discounts to participants, provided the discounts are available on an equal basis with documented standards to all who wish to take advantage of them. [6/2/89, Staff] A Camp/Clinic Discount Form must be submitted with the Camp/Clinic Request Form if there will be any individual or group discounts offered at an SJSU camp/clinic.

32 Awards & Gifts Prospects may receive awards from a member institution's sports camp or clinic with the understanding that the cost of such awards is included in the admissions fees charged for participants in the camp or clinic. [Bylaw ]

33 Employment

34 Student-Athletes Pursuant to Bylaw , student-athletes may be employed in any sports camp or clinic, provided compensation is provided pursuant to the criteria set forth in Bylaw (next slide). A student-athlete who only lectures or demonstrates at a camp/clinic may NOT receive compensation for his/her appearance at the camp/clinic.

35 Student-Athletes, cont’d…
In accordance with Bylaw , compensation may be paid to a student-athlete: Only for work actually performed AND At a rate commensurate with the going rate for camp/clinic counselors of like teaching ability and experience. All student-athletes working an SJSU camp/clinic must be listed on the Camp/Clinic Employment List.

36 Student-Athletes, cont’d…
Per Bylaw , a student-athlete, at his/her own expense, may not operate a concession stand to sell items related to or associated with his/her institution’s camp; however, a student-athlete may be employed to perform such services for the camp. Pursuant to Bylaw , a student-athlete with remaining eligibility is not permitted to conduct his or her own camp or clinic.

37 Prospects Per Bylaw , an institution may employ a prospect in a camp/clinic, provided he/she has signed an NLI or other commitment. Compensation may be paid only for work actually performed and at a rate commensurate with the going rate in the locality for similar services. Such compensation may not include any remuneration for value the individual may have because of his/her reputation as an athlete. All prospects working an SJSU camp/clinic must be listed on the Camp/Clinic Employment List.

38 Prospects, cont’d… A prospect who only lectures or demonstrates at a camp/clinic may not receive compensation for his/her appearance at the camp/clinic. [Bylaw ] At no time is a prospect allowed to operate a concession to sell items related to or associated with SJSU’s camps. [Bylaw ]

39 Athletic Staff Personnel (Administrators & Coaches)
Camp/Clinic Providing Recruiting or Scouting Service – No athletics department staff member may be employed (either on a salaried or a volunteer basis) in any capacity by a camp/clinic established, sponsored or conducted by an individual or organization that provides recruiting or scouting services concerning prospects.  Athletics department staff members are not prohibited from officiating for, but may not be otherwise involved in, a scouting services camp. [Bylaw ]

40 Athletic Staff Personnel (Administrators & Coaches) cont’d…
Basketball – Basketball coaches and noncoaching staff members with responsibilities specific to basketball may be employed ONLY at SJSU camps/clinics; such individuals may NOT be employed at other institutional camps/clinics or at non-institutionally owned camps/clinics. [Bylaw ] Student managers who are full-time students and have responsibilities specific to basketball may be employed at institutional or noninstitutional camps/clinics.  [7/13/05, Official]

41 Athletic Staff Personnel (Administrators & Coaches) cont’d…
Football – Football coaches & noncoaching staff members with responsibilities specific to football may participate in SJSU and noninstitutional football camps/clinics ONLY during the two periods of 15 consecutive days in the months of June and July designated in writing by the football program as the time periods for conducting SJSU camps.  Therefore, if June 1-15 and July 1-15 are the designated periods for conducting SJSU camps/clinics, it is not permissible for a member of the SJSU football coaching staff to be employed at a noninstitutional, privately owned camp that occurs outside of those designated time periods. [Bylaws & ]

42 Athletic Staff Personnel (Administrators & Coaches) cont’d…
Volleyball- Volleyball coaches or noncoaching staff member may serve in any capacity (e.g., counselor, guest lecturer, consultant) in a noninstitutional, privately owned camp/clinic, provided the camp/clinic is operated in accordance with restrictions applicable to an institutional camp/clinic (e.g., open to any and all entrants, no free or reduced admission to or employment of athletics award winners). Not permissible for a volleyball coach or noncoaching staff member to be employed (either on salaried or a volunteer basis) in an institutional camp/clinic or a noninstitutional, privately owned camp/clinic that is conducted off the institution's campus during a quiet period. [Bylaw ]

43 Athletic Staff Personnel (Administrators & Coaches) cont’d…
Sports Other Than Basketball, Football & Volleyball – SJSU athletics department personnel may serve in any capacity (e.g., counselor, guest lecturer, consultant) in a noninstitutional, privately owned camp/clinic, provided the camp/clinic is operated in accordance with restrictions applicable to institutional camps (e.g., open to any and all entrants, no free or reduced admission to or employment of athletics award winners). [Bylaw ]

44 Non-Institutional/Privately Owned Camp/Clinic Employment
All SJSU staff members who work noninstitutional camps/clinics involving prospects must complete and submit a Non-Institutional/Privately Owned Camp/Clinic Employment Form verifying that the camp/clinic will be conducted in accordance with NCAA rules PRIOR to the start of the camp. A non-institutional camp or clinic is one that is not owned or operated by anyone associated with SJSU. Basketball coaches are not permitted to serve in any capacity at non-institutional or privately-owned camps or clinics.

45 High School, Prep School & JC Coaches – All Sports
Per , SJSU may employ a high school, prep school or two-year college coach at its camp/clinic, provided: The coach receives compensation that is commensurate with the going rate for camp counselors of like teaching ability and camp experience; and The coach is not paid on the basis of the value he/she may have because of his/her reputation or contact with prospects. Per Bylaw , it is not permissible to compensate or reimburse a high school, prep school or two-year college coach based on the number of campers the coach sends to the camp.

46 Speakers at Camps/Clinics Men’s Basketball
Per Bylaw , an institution may not employ (either on a volunteer or paid basis) a speaker in any basketball camp/clinic (including a coaches clinic or a camp/clinic involving nonprospects) who is associated with prospects as a result of the prospect’s participation in BK.  Such an individual may be employed as a camp counselor, but may not perform speaking duties other than those normally associated with camp counselor duties (e.g., skill instruction).

47 Individuals Associated with “Recruited” Prospects Men’s Basketball
Per Bylaw , an institution shall not employ (either on a volunteer or paid basis) an individual associated with a recruited prospect at the institution’s camp/clinic.

48 Local Sports Clubs

49 Bylaw 13.11.2.4 Local Sports Clubs
In sports other than basketball, a coach may be involved in any capacity (e.g., as a participant, administrator or in instructional or coaching activities) in his/her sport for a local sports club or organization located in the institution's home community, provided all prospects participating in said activities reside within a 50-mile radius of the institution.  In all sports, including basketball, a coach may be involved in any capacity (e.g., as a participant, administrator or in instructional or coaching activities) in a sport other than the coach's sport for a local sports club or organization located in the institution's home community, provided all prospects participating in said activities reside within a 50-mile radius of the institution. 

50 Bylaw 13.11.2.4 Local Sports Clubs, cont’d…
Further, in clubs or organizations involving multiple teams or multiple sports, the 50-mile radius is applicable only to the team with which the coach is involved; however, it is not permissible for the coach to assign a prospect who lives outside the 50-mile area to another coach of the club.  A coach may be involved in activities with individuals who are not of a prospect age, regardless of where such individuals reside. 

51 Local Sports Clubs (Volleyball)
Per Bylaws & , in volleyball and beach volleyball, a coach’s involvement outside a contact/evaluation period with a local sports club counts towards the limit of evaluation days. Per Bylaw , in volleyball, during a dead or quiet period, coaches may not coach a local sports club team at an off-campus competition where prospects are present. However, it is permissible for a coach to coach his/her own local sports club team in practice activities.

52 Local Sports Clubs All SJSU staff members who work at Local Sports Clubs involving prospects must complete a Local Sports Club Form verifying that their employment with the club is conducted in accordance with NCAA rules prior to the start of employment at the club.

53 Donations to Local Sports Clubs
Per Bylaw , an institution or a booster shall not offer, provide or arrange financial assistance, directly or indirectly, to pay (in whole or in part) the costs of a prospects educational or other expenses for any period prior to his/her enrollment. This legislation also applies to Local Sports Clubs!

54 Donations to Local Sports Clubs
An institution (or an institution's coach/staff member or booster) may contribute to a nonathletically related bona fide youth organization that includes prospects and non-prospects (e.g., YMCA, YWCA, Boys and Girls Clubs), provided the assistance is not earmarked for a particular prospect, is not earmarked for the purpose of contributing to a boys' basketball program, and is offered in conjunction with the organization's regular fund-raising activities. [7/28/15, Staff]

55 Coaches & Student-Athletes
Lessons Coaches & Student-Athletes

56 Bylaw Private Lessons ONLY women's golf coaches are permitted to teach private lessons to a prospect, provided the following conditions are met: (a) The prospect resides within a 50-mile radius of campus; (b) The lessons are available to the general public; (c) Lessons are only provided to female prospects and the coach is a teaching professional certified pursuant to the Ladies Professional Golf Association (LPGA) and/or Professional Golf Association (PGA) certification program; (d) Fees charged to the prospect are at a rate commensurate with fees charged to all individuals; (e) Fees charged to the prospect are not paid by individuals or entities other than the prospect or his/her parent or legal guardian; and (f) The institution keeps on file documentation of the fee charged for the lessons and the name of any individual receiving the lessons. OTHER sports are NOT permitted to teach private lessons to prospects but may teach such lessons to individuals who are not of prospect age.

57 Bylaw 12.4.2.1 Fee-for-Lesson Instruction
A student-athlete may receive compensation for teaching or coaching sport skills or techniques in his or her sport on a fee-for-lesson basis, provided: Institutional facilities are not used; Playing lessons shall not be permitted;  The institution obtains and keeps on file documentation of the recipient of the lesson(s) and the fee for the lesson(s) provided during any time of the year;    The compensation is paid by the lesson recipient (or the recipient's family) and not another individual or entity;  Instruction to each individual is comparable to the instruction that would be provided during a private lesson when the instruction involves more than one individual at a time; and   The student-athlete does not use his or her name, picture or appearance to promote or advertise the availability of fee-for-lesson sessions.  

58 Student-Athlete Athletics Employment Form
All SJSU student-athletes who provide lessons must complete and submit a Student-Athlete Athletics Employment Form verifying that their employment is conducted in accordance with NCAA rules before providing the lessons.

59 Business Office Policies

60 PRIVATELY OWNED & OPERATED CAMPS AND CLINICS
Except in the sport of football, each head coach wishing to own and direct a camp must, at their own cost, become an incorporated entity and provide evidence of such incorporation annually to the University. The University is not involved in any manner in this incorporation, which makes the head coach solely responsible for all aspects of their camp or clinic. Exception is if coach has permission by Senior Staff. No institutional personnel or resources (phones, computers, databases, copy machines, web site, A/V equipment, etc.) may be used in conducting, preparing for or advertising camps and clinics.

61 PRIVATELY OWNED & OPERATED CAMPS AND CLINICS
All camps/clinics accounting records must comply with San José State reporting requirements and are subject to university audit. A separate bank/checking account must be maintained for operations and bank statements kept on file. Annual audits will be conducted on privately owned camps and clinics. A business license must be obtained for the camp/clinic and provided to the SJSU Business Office. Liability insurance is required in the form of a certificate of insurance per camp or clinic. All other rules, regulations, policies and laws of the State of California, NCAA and rules of compliance must be followed.

62 PRIVATELY OWNED & OPERATED CAMPS AND CLINICS
Camp owner-directors are granted limited rights to the use of University logos and marks solely and exclusively in connection with the promotion of a University authorized camp. All promotional materials must be approved in writing prior to distribution and clearly indicate that the camp is hosted AT San José State and not BY San José State.

63 PRIVATELY OWNED & OPERATED CAMPS AND CLINICS
The camp owner/director shall hold harmless San José State, its employees and representatives from any liability or action arising from personal injury or property damage caused by the negligent act of omission or commission of the camp owner/director or its employees, agents or representatives. The private entity must comply with the University Disability Services Policy. Camp facility usage requests need to be submitted before January 31 of each year to hold reservations for the dates requested. An annual financial report, in conjunction with monthly bank statements, clearly identifying the annual revenue must be submitted to Senior Associate AD for Business by December 31 each calendar year.

64 OUTSIDE ENTITY INSURANCE
No Facility Use Authorization shall be released without the required proof of insurance coverage. “OUTSIDE ENTITY” Camps/Clinics (aka LLC’s) are required to provide a valid Certificate of Insurance with the following minimal coverage: Bodily Injury Liability: $1 million combined general liability & $2 million aggregate Facility Damage: $50,000 Additional Insured: A COI and the Additional Insured Endorsement form that specifically names “The State of California, The Trustees of the California State University, San Jose State University, and their officers, employees, representatives, volunteers and agents” as additional insured entities must be on file before the facility use will be authorized.

65 FACILITY LEASE PROCEDURES
Once the Camp/Clinic Request form has been approved by the Compliance office, the date of the camp will be confirmed and a university facility lease agreement will be issued. The lease agreement must be completed, signed and returned to the Facilities & Events office before the camp can take place. Costs associated with hosting the camp/clinic will be provided in the lease agreement and/or a formal estimate will be issued. Once the signed lease agreement and COI are on file, the camp/clinic will be confirmed and authorized to move forward.

66 FACILITY USE FEE A facility rental fee will be assessed to each camp or clinic held on San José State campus. The fee for camps and clinics will be 10 percent of the gross receipts received by the camp or clinic. Does not include the Event Center Facility Use Fee does not include maintenance, field preparation, setup/tear down, janitorial, costs associated with FD&O, etc.

67 FACILITY LEASE COSTS There are always costs associated with hosting camps/clinics/events in University facilities. FD&O Fees of Service Grounds (line-striping, trash, recycle, irrigation) Custodial (cleanup, restrooms) Utilities (interior / exterior lighting) IA Facilities & Events Tables, chairs, equipment usage fees Staffing costs (if warranted) Custodial Setup / Tear-down Portable restroom rental Parking Total costs will be provided in your camp estimate


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