KNOW THE RULES…. Institution`s Coach Observing

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Saint Mary’s College Coaches & Athletic Administration Newsletter ∙ December 2012
IMPORTANT DATES:
 December 4 –
Logs Due for
11/18-11/24 &
11/25-12/1
 December 7 – last
day of Fall classes
 December 10-13Final Exams
 December 18 –
Logs Due for 12/212/8 & 12/9-12/15
KNOW THE RULES….
Institution’s Coach Observing PSA’s
While Acting in Capacity for Local
Sports Club
NCAA Division I institutions should note, pursuant to the local sports club
legislation, in sports other than basketball, an institution's coach may be
involved in any capacity (e.g., as a participant, administrator or in
instructional or coaching activities) in the same sport for a local sports
club or organization located in the institution's home community, provided
all prospective student-athletes participating in said activities are legal
residents of the area (within a 50-mile radius of the institution).
This Month in
Compliance:

Local Sports Clubs

Counting Contacts
and Evals on the
same Day

Compliance in the
News

Holiday Reminders

Winter Recruiting
Calendar

Did you know?
Further, the local sports club legislation permits an institution's coach to
perform legitimate duties that are consistent with his or her responsibilities
with the local sports club, provided he or she is not engaged in any
recruiting activities on behalf of the member institution in connection with
those duties.
The following information is intended to assist the membership with the
application of legislation governing local sports clubs.
Question #1: Is the institution charged with an evaluation any time the
institution's coach observes prospective student-athletes participating in
athletic activity while the coach is engaged in permissible activities with
the local sports club?
Answer: No. For example, the institution does not use an evaluation for
any prospective student-athlete participating in competition against the
local sports club team that the institution's coach is coaching. Further, any
other contests that involve prospective student-athletes and are observed
by the coaching staff member (e.g., scouting the club team's future
opponents) would not count as an evaluation, provided observing the
activity is a legitimate duty consistent with his or her responsibilities with
the local sports club and is not evaluating on behalf of the institution.
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Question #2: Is an institution's coach permitted to engage in
recruiting activities on behalf of the institution while the
coach is receiving expenses from the local sports club?
Answer: No, an institution's coach who is receiving
expenses from a local sports club for activities related to his
or her duties with the local sports club may not engage in
any recruiting activities on behalf of the member institution.
It is not permissible for any outside organization, agency or
group of individuals to expend funds for the institution's
recruitment of prospective student-athletes.
Question #3: Is an institution permitted to pay a coach's
expenses to attend a competition in which the coach's local
sports club team is participating?
Answer: No, a member institution may not pay a coach's
expenses to attend a contest in which the coach's local sports
club is participating. Providing such expenses constitutes
financial support of the local sports club by the institution,
which is not permitted.
Sports Clubs cont…
Answer: The SA's employment does not, in and of itself,
constitute a countable athletically related activity.
Therefore, it is permissible for an institution's coach who
owns or operates a local sports club to employ a SA, who
is a member of his or her team, in the club outside the
institution's playing season, provided no countable
athletically related activities occur as a result of the
employment.
Question #8: Is an athletics department staff member
who is not included in the institution's coaching
limitations (e.g., director of athletics, academic advisor,
director of volleyball operations) permitted to be
involved with a local sports club?
Question #4: May an institution's coach own or operate his
or her own local sports club that includes prospective
student-athletes?
Answer: Yes, noncoaching staff members may be
involved with a local sports club located in the
institution's home community that includes PSAs
participating in any sport, regardless of whether those
PSAs live within a 50-mile radius of the institution;
however, the noncoaching staff member may not engage
in any recruiting activities on behalf of the institution
while participating in activities with a local sports club.
Answer: Yes, provided the club is an established, on-going
club that is engaged in competitive activities and is not
formed only to provide instruction to prospective SAs.
Further, an institution's coach must use his or her own funds,
independent of the institution, to establish and operate the
club.
Question #9: May an institution's athletics department or
athletics staff be involved with a club team sponsored by
an institutional department that operates independent of
the athletics department (e.g., recreation services
department) if the club team includes PSAs and
currently-enrolled college students?
Question #5: May an institution's coach who is employed by
a local sports club provide individual skill instruction to
PSAs?
Answer: No, the institution's athletics department or
athletics staff may not be involved with that club team.
Such involvement would be considered sponsorship by
the athletics department, which is not permissible.
Participation by the institution's athletics department or
athletics staff in the club's fundraising activities is also
prohibited.
Answer: An institution's coach who is employed by a local
sports club may provide individual instruction to PSAs who
are participating in the local sports club where the coach is
employed, provided the club is an established, on-going club,
and all prospects participating in such activities are legal
residents of the area (within a 50-mile radius of the
institution).
Question #6: May an institution's coach be involved with an
outside team that includes his or her own SAs during the
summer?
Answer: In individual sports, if the institution's coach is the
coach of an outside sports team during the summer, he or she
may be involved with SAs with eligibility remaining from
the institution's team. In team sports, a coach may not be
involved in any capacity at any time with an outside team
that includes any SA from his or her institution.
Question #7: Is a SA's employment in a local sports club
that is owned or operated by an institution's coach in his or
her sport considered to be a countable athletically related
activity?
Question #10: May a member institution's booster club
sponsor a local sports club that includes PSAs?
Answer: No, it is not permissible for a member
institution's booster club to sponsor or make a donation,
directly or indirectly, to an outside sports club that
involves prospective student-athletes or any SA from the
institution.
Question #11: What involvement is a representative of
athletics interests allowed to have with a local sports
club?
Answer: It would be permissible for a representative of
an institution's athletics interests (RAI) to participate in
activities involving a local sports club (e.g., serving on
the board, soliciting funds, employment, etc.), provided
the RAI acts independently of the institution and does not
engage in any recruiting activities.
How Do I Count Contacts
and Evaluations on the
Same Day?
Date Published: November 8, 2012
Educational Column:
NCAA Division I institutions
should note that NCAA Division I
Board of Directors recently
adopted NCAA Proposal No.
2012-17. With the adoption of the
proposal, in sports other than
football, an institution is not
required to count an evaluation of
a particular SA that occurs on the
same day as a permissible contact
with that PSA toward the limit on
recruiting opportunities.
For example, in men's basketball,
an evaluation on the same day as a
permissible contact would not
count as one of the 7 recruiting
opportunities for that PSA. As an
additional example, an evaluation
on the same day as one of the
permissible 3 contacts in women's
soccer would not need to be
counted as one of the 7 total
combined recruiting opportunities.
In both examples, the institution is
only required to count the contact
as one of the permissible recruiting
opportunities.
Compliance in the News: Sports
Gambling Reminder
A day after suspending athletic director Ross Parmley due to allegations he was
involved with an Oklahoma City gambling figure, the University of Tulsa confirmed
Wednesday it was cooperating with the NCAA on the case.
On Tuesday, Parmley was placed on paid administrative leave after a court affidavit –
unsealed last week in Oklahoma City – called TU's athletic director an "admitted
gambler."
A source told The Oklahoman that while being interviewed by the FBI in 2011,
Parmley indicated he had informed TU officials of his cooperation with an
investigation of Oklahoma City gambling figure Teddy Mitchell.
The Oklahoman’s source said Parmley admitted to using an Internet gambling site
during an unspecified number of years. In 2005 and 2006, Parmley was a member of
the TU football program’s support staff. After that, he occupied various positions
within the university’s athletic administration. Reportedly, he stopped gambling in
2010.
An NCAA rule prohibits student-athletes and athletic department staff members from
“wagering on intercollegiate, amateur and professional sports in which the
Association conducts championships.”
Multiple sources say the NCAA would consider football gambling by an athletic
department administrator to be a serious infraction.
An athletic department official at a different university said, “We know we’re not
supposed to (gamble). The NCAA has a fairly significant program intended to remind
student-athletes and administrators about the evils of gambling – including something
as seemingly innocent as an office pool on March Madness.”
Another source familiar with NCAA rules and enforcement said if TU promoted
Parmley while having had knowledge of his gambling activity, “it could be problematic
for them.”
Therefore, when looking at the
soccer example above, an
institution's permissible recruiting
opportunities with a particular
women's soccer prospective
student-athlete who is in her senior
year of high school could include
the 3 permissible contacts, 3
evaluations on the same day as the
permissible contacts and 4
additional permissible evaluations.
“That becomes an institutional-control issue,” the source said.
Institutions should also note that
the proposal has been adopted with
an immediate effective date
retroactive to August 1, 2012.
Therefore, institutions should
review any evaluations currently
counted as one of the seven
recruiting opportunities this
academic year and determine
whether each of those evaluations
must be counted as a recruiting
opportunity.
In the affidavit that was unsealed last week, Oklahoma City-based FBI Special Agent
Francis Bowles Jr. alleged that Parmley had placed bets with Mitchell. According to
the affidavit, Mitchell’s November-December 2009 bank records reflect that Parmley
issued Mitchell a check for $1,782.
A lack of institutional control is one of the NCAA's gravest charges. According to the
association's website, a lack of institutional control is found when major violations
occur and the institution failed to display adequate compliance measures, appropriate
education on those compliance measures, sufficient monitoring to ensure the
compliance measures are followed and swift action upon learning of a violation.
The NCAA also refused to comment directly on Parmley's situation. In a statement,
the NCAA said, "The NCAA opposes all forms of legal and illegal sports wagering
because it... can undermine the integrity of college sports.”
The FBI has been investigating Mitchell for eight years, according to The Oklahoman.
A federal grand jury indicted Mitchell, his sons Dryden Mitchell and Nick Mitchell, six
other men and a Costa Rican company in September, records show. Mitchell, 58, is
accused of making millions of dollars by hosting illegal high-stakes poker games at
his home and by illegally taking bets on sporting events. He has pleaded not guilty.
It is not known whether TU3informed the NCAA of Parmley’s gambling, or if the NCAA
took notice only after Tuesday's published reports.
Bubba Cunningham was TU’s athletic director until October 2011, when he departed
for the same job at the University of North Carolina. It is not known whether
More Compliance in the
News: NCAA rules
loophole? Couple
adopts Gators' Sharrif
Floyd
College sports’ governing body
found a prominent football player at
a Southeastern Conference school
had accepted impermissible
benefits. He was suspended and
forced to repay the money. What
came next, though, was
unprecedented and could be a
loophole used in the future to
provide benefits for elite athletes.
After his suspension, Florida
defensive tackle Sharrif Floyd was
adopted, at age 20, by the man who
provided those benefits.
Floyd, a junior for the seventhranked Gators and a possible firstround pick in the NFL draft, now
receives far more from his adoptive
father, Kevin Lahn, than he was
punished for taking last year. Under
NCAA rules, there are virtually no
limits to what a parent can provide
to an athlete but a slew of
restrictions on what a player can
receive from anyone else.
NCAA spokesperson says
examinations are made on a caseby-case basis. “If a student-athlete
is adopted, from that point forward
the individual would be treated as
any other parent.”
John Infante, author of the Bylaw
Blog, says the NCAA likely
wouldn’t want to get involved in
assessing the legitimacy of
adoptions and trying to determine
whether they have been done to
formalize an existing relationship or
to find a way around the rules to
provide benefits.
“It’s between a rock and a hard
place, because, on one hand, you let
this go, if you’re saying this is the
one thing we’re not going to touch
— parents and legal guardians —
well then you’ve established a way
around the rules where AAU
coaches, runners, agents, boosters
just adopt kids and start providing
for them,” he says. “You can
basically do whatever you want.”
Holiday Reminders
Athletic Department Christmas cards may be sent
only to boosters and parents of current student-athletes. They
may NOT be sent to prospective student-athletes. The only
cards that may be sent to prospects are the basic
institutional note cards, in which coaches can write in a
holiday greeting.
Holiday Cards Q & A
If the Softball team takes a picture around a Christmas tree. Can they attach
that to an email to send to their recruits? Yes! Color attachments can be
added to an email, as long as it does not have animation or sound and it was not
created for recruiting purposes.
Can SMC pay for a student-athlete to travel home after an away-from-home
competition during the vacation period? Yes, but the student-athlete is
responsible for paying any additional cost associated with traveling home instead
of back to campus (NCAA Rules Ed Column published 12/9/02).
Men’s Basketball loves holiday Cards! Can they send a holiday card to their
recruits? No. A Christmas card or Holiday card would not be considered
"printed recruiting material". Only institutional notecards or postcards would fit
this request, BUT the notecard/postcard may only have the SMC logo or athletics
logo on the outside and only handwritten information on the inside.
Can they send a card to their current student athletes' parents? Yes!
Can Volleyball send a card to other colleges and universities? Yes!
Can Men’s Basketball send holiday cards to high schools that come to their
team camp? No! This is the same as a printed recruiting material to a prospect.
For Teams IN Season During Winter Break:
Can Women’s Basketball take their team to dinner and a movie during the
break? Yes! 16.7.1 allows for reasonable entertainment within a 30 mile radius of
the institution if they are required to be on campus for practice during the time
when classes are not in session.
SMC may also provide room and board (either providing meals or per diem) to
student-athletes who are required to remain on campus for practice/competition
during an official vacation period. However, if the student-athlete lives at home,
room and board MAY NOT be provided other than team meals incidental to
practice.
Over the Winter break Coach Thomas gets an email about 1/2 priced
Warriors tickets. Since he knows that he can provide reasonable team
entertainment during a vacation period in which he requires his team to be
in Moraga, he decides to buy a block. Is this permissible? No, Bylaw 16.7.1.1.
prohibits the institution from providing tickets to a professional sporting event
unless the team is involved in an away-from-home contest.
My team plays on December 22 in Iowa. Can we depart campus on
December 19 for Las Iowa even though it is more than 48 hours prior to the
game? Yes! Bylaw 16.8.1.2.1.1 Exceptions allows this if it is during SMC's official
vacation period.
Winter Recruiting Calendar
(Sports Subject to Recruiting Calendar)
Saint Mary’s College Compliance Staff
Stephanie Shrieve
Assistant A.D. for
Can
Compliance
Piper Brewster
Coordinator of Compliance
and Athletic Eligibility
PHONE:
(925) 631-4952
PHONE:
(925) 631-4956
E-MAIL:
[email protected]
EMAIL:
[email protected]
Baseball:
December 1-31
January 1-2
January 3-6
January 7-30
2012-13 NLI SIGNING DATES
SPORT
INITIAL
SIGNING DATE
FINAL SIGNING
DATE
Basketball (Early
Period)
Basketball
(Regular Period)
Soccer & Cross
Country
All Other Sports
(Early Period)
All Other Sports
(Regular Period)
November 14, 2012
November 21, 2012
April 17, 2013
May 15, 2013
February 6, 2013
August 1, 2013
November 14, 2012
November 21, 2012
April 17, 2013
August 1, 2013
Quiet Period
Quiet Period
Dead Period
Quiet Period
Men’s Basketball:
December 1-23
December 24-26
December 27-31
Recruiting Period
Dead Period
Recruiting Period
Women’s Basketball:
December 1-23
December 24-26
December 27-31
Evaluation Period
Dead Period
Evaluation Period
Softball:
December 1
December 2-31
December Reminders
Squad List Update
Remember to turn in Squad List Update
forms to Student Services anytime you have
additions or cut/quits with your team. They will then inform
all the necessary departments of your squad change.
Initial Eligibility Certification
If you have Spring additions/transfers, please notify the
Compliance office ASAP to begin tracking their initial
eligibility certification for Spring semester.
Dead Period
Quiet Period
Cross Country/ Track:
December 1-9
December 10-16
December 17-20
December 21-31
Contact Period
Quiet Period
Dead Period
Quiet Period
Volleyball:
December 1-2
December 3-11
December 12-31
Contact Period
Quiet Period
Dead Period
Lacrosse:
December 1-31
January 1
January 2-30
Quiet Period
Quiet Period
Contact Period
Did you Know….?
Recruiting Materials
If your sport is looking into ordering note cards or designing
some sort of recruiting attachment or presentation, please run
it by compliance before printing. Note: recruiting materials
requirements are under Bylaw 13.4.
The word “Christmas” is featured in 31 NCAA
secondary violations and 56 major violations,
most concerning “extra benefits” legislation. In
addition, a large number refer to “impermissible
recruiting inducements.”
Admissions Forms
Please remember to use the updated purple and green sheets
when requesting PSA evaluations from Admissions &
Financial Aid. Make sure to completely fill in all information.
These forms must be reviewed by Compliance BEFORE
issuing an NLI or GIA.
Before giving any Christmas cards/gifts, etc. to
current SAs or PSAs or their families, please
ask Compliance. In addition, if boosters of the
programs have questions about Christmas
giving to SAs and PSAs, please also refer
them to Compliance.
Saint Mary’s College Athletics Compliance Office
1928 Saint Mary’s Rd
Moraga, CA 94556
Fax: (925) 376-7049
www.SMCGaels.com
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Office of Athletics Compliance is
located in Madigan Gym.
Follow us on Twitter:
@GaelsCompliance