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. 2009-22 – Current Status/Expected Impact.• Case Examples: Compare and Contrast.• Questions.

Pre-Enrollment StudentsPre-Enrollment Students

Pre-enrollment students defined as:

High school graduates.Two-four transfers.NAIA transfers. International transfers.

Amateurism Certification Process (ACP)

ACP CASE FLOWCHARTACP CASE FLOWCHART

Amateurism Certification Process

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 FactFindings of FactMutual 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 –Appeal ACP Factual Determinations – Amateurism Fact-Finding Committee 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 ACP’s 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 –Appeal ACP Factual Determinations – Amateurism Fact-Finding Committee 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 Amateurism Fact-Finding Committee /Committee /Amateurism CabinetAmateurism 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 FactInterpretations of FactRequires 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 ProcessThe Interpretations Process

The rule is not clear

AMA staff provides an answer.

ACP poses a question to

AMA.

Appeal Staff Interpretations -Appeal Staff Interpretations - Legislative Review and Legislative Review and

Interpretations Committee 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 Student-Athlete Reinstatement ProcessProcess

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 2009-10 academic year or before OR skiing OR men’s 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 ProcessPenalty 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 (women’s 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 12.1.2.1.4.3 (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. 2Case Study No. 2 Samantha, a women’s tennis PSA, competed in an open

tennis event in September 2009.

Samantha accepted $1,500 in prize money from the sponsor of the event.

Samantha’s expenses associated with the event were $900. Samantha’s career expenses exceeded her career prize money.

Samantha’s date of birth is July 1991.

She graduated high school May 2008.

She will be first enrolling at State University August 2010.

Bylaw 12.1.2.1.5 (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…)Case Study No. 2 (cont…)

Bylaw 12.1.2.4.1 (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…)Case Study No. 2 (cont…)

Case Study No. 2 (cont…)Case Study No. 2 (cont…)Interpretive Questions:

Has Samantha jeopardized her amateur status by accepting $1,500 in prize money?

Bylaw 14.2.3.2 (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…)Case Study No. 2 (cont…)

Case Study No. 2 (cont…)Case Study No. 2 (cont…)Interpretive Questions:

Is Samantha subject to Bylaw 14.2.3.2?

Case Study No. 2 (cont…)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◦ 877/262-1492◦ Eligibility Center

Academic and Membership Affairs◦ 317/917-6003◦ AMA

Student-Athlete Reinstatemento 317/917-6222o 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.

Questions?

SECOND SESSIONSECOND SESSIONReview key concepts from first session

and overview of second session.

Current status of Proposal No. 2009-22.

Anticipated impact of Proposal No. 2009-22 on amateurism certification process.

“Old” vs. “new” legislation case examples and penalty outcomes.

Current Status of Proposal Current Status of Proposal No. 2009-22No. 2009-22Status update.

ACP certification approach regarding Proposal No. 2009-22.

Proposal No. 2009-22 Proposal No. 2009-22 LegislationLegislation

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. 2009-22 Proposal No. 2009-22 Legislation Legislation (cont…)(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 Anticipated Impact of Proposal No. 2009-22 on Amateurism No. 2009-22 on Amateurism Certification ProcessCertification ProcessExpected impact on team sport

recruiting.

Expected impact on individual sport recruiting.

Expected impact on international PSA recruiting.

Issues/violations not impacted.

““Old” vs. “New” Old” vs. “New” LegislationLegislationCase 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. 2009-22.

Core Fact PatternCore Fact Pattern Prior to Joey’s 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 12.02.4(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. 1Variation of Facts No. 1Additional Facts: Joey is a men’s basketball prospect.

He will graduate high school June 2010.

He plans to enroll at NCAA Division I State University fall 2011.

He plans to compete with the Kangaroos during the 2010-11 season.

Variation of Facts No. 1 Variation of Facts No. 1 (cont…)(cont…)

Interpretive Questions:

◦ Will Joey jeopardize his amateur status by competing on and signing an agreement with a professional team during the 2010-11 season, and accepting the stipend from the professional team?

Variation of Facts No. 2Variation of Facts No. 2Variation of the Facts:

Joey plans to compete for the Kangaroos in two seasons (instead of one season) after graduating high school June 2010.

Joey plans to enroll at State University fall 2012 (instead of fall 2011).

Variation of Facts No. 2 Variation of Facts No. 2 (cont…)(cont…)

Interpretive Questions:

◦ Would his participation two years out of high school change anything?

Variation of Facts No. 3Variation of Facts No. 3Variation of the Facts:

Joey is now a men’s ice hockey prospect.

Variation of Facts No. 3 Variation of Facts No. 3 (cont…)(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 Variation of Facts No. 3 (cont…)(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. 4Variation of Facts No. 4Variation of the Facts:

Joey graduated from high school June 2009.

Joey attended St. Peter’s Square University, an international institution, for the 2009-10 academic year.

Joey competed for the Kangaroos while enrolled at St. Peter’s Square University.

Joey transferred to NCAA Division I State University for the 2010-11 academic year.

Variation of Facts No. 4 Variation of Facts No. 4 (cont…)(cont…)Interpretive Questions:

Is Joey subject to the “old” rules or Proposal No. 2009-22?

Does it matter what sport he participates in?

Variation of Facts No. 4 Variation of Facts No. 4 (cont…)(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. 5Variation of Facts No. 5Variation of Facts:Joey’s stipend was above his expenses associated

with the professional team.

Variation of Facts No. 5 Variation of Facts No. 5 (cont…)(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 men’s ice hockey or skiing.

Variation of Facts No. 5 Variation of Facts No. 5 (cont…)(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. 2009-22 affect his reinstatement decision?

Retroactivity?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. 2009-22.

Amateurism Certification◦ 877/262-1492◦ Eligibility Center

Academic and Membership Affairs◦ 317/917-6003◦ AMA

Student-Athlete Reinstatemento 317/917-6222o 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.

Questions?