Recent NCAA Interp: Electronic Transmissions, Social Media

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Saint Mary’s College Coaches & Athletic Administration Newsletter ∙ March 2014
IMPORTANT DATES



March 10 – Logs
due for the weeks
of 2/23--3/1 & 3/2
-3/8
March 20 (11am
@ TBD) - Income
Taxes for
International
Students Webinar
March 24 – Logs
due for the weeks
of 3/9-3/15 &
3/16-3/22
This Month in
Compliance:

NCAA Interp:
Electronic
Transmissions,
Social Media
Platforms &
Recruiting

March Madness
Reminder

Compliance in the
News

March Reminders
Recent NCAA Interp: Electronic
Transmissions, Social Media
Platforms & Recruiting
NCAA DI member institutions are reminded that an athletics
department staff member's personal website or social media profile [or
personal page on any site (e.g., Twitter, tumblr, Facebook, Google+,
Pinterest, Instagram, LinkedIn)] may include information related to the
institution's athletics program, subject to the same restrictions
applicable to an institution's athletics website. Accordingly, a personal
site may contain information not created for a recruiting purpose (e.g.,
game scores, season updates, facility updates, information regarding
the coaching staff or current or former student-athletes). However, it is
not permissible to include information about or directed toward a
specific PSA or to post video or audio materials directed toward PSAs
generally unless such content is produced by the institution's official
admissions or student-services office and available to all students or is
not created for a recruiting purpose (e.g., interviews with current SAs or
game highlights targeted to a general audience).
Institutions should note that the legislation governing publicity,
correspondence and electronic transmissions is also applicable to an
athletics department staff member's personal website. For example, a
member institution or athletics department staff member may not
comment publicly about a PSA, other than to confirm recruitment,
before the PSA has signed a NLI or an institution's written offer of
admission and/or financial aid, or prior to receipt of the SA's financial
deposit in response to the institution’s offer of admission. The institution
is also precluded from commenting in any manner as to the likelihood
that a PSA will sign with that institution and may not publicize (or
arrange for the publicity of) a PSA's visit to campus, including any
camp or clinic held on the institution's campus, before the PSA has
signed a NLI, the institution's written offer of admission and/or financial
aid or prior to receipt of his or her financial deposit in response to the
institution's offer of admission. Further, an athletics department staff
member may not promote or endorse a PSA's team or coach, or an
athletics facility that is primarily used by PSAs.
Finally, institutions should note, in sports other than basketball, all
forms of electronically transmitted correspondence to a PSA,
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New NCAA Interp cont…
MARCH MADNESS
REMINDER
With the WCC tournament
underway in Las Vegas and
March Madness just around
the corner, don’t be
tempted to bet on it.
What exactly is the NCAA
policy on sports wagering?
The NCAA opposes all forms
of legal and illegal sports
wagering on college sports.
NCAA rules prohibit SAs, and
athletics department,
conference office, and NCAA
national office employees
from wagering on
intercollegiate, amateur, and
professional sports in which
the NCAA conducts
championships.
How does the NCAA define
sports wagering?
The NCAA defines sports
wagering as putting
something at risk – such as
an entry fee or a wager – in
return for the opportunity to
win something.
Does the NCAA really
oppose the harmless smalldollar bracket office pool for
the Men’s Final Four?
Yes! Office pools of this
nature are illegal in most
states. The NCAA is aware of
pools involving $100,000 or
more in revenue. Worse yet,
the NCAA has learned these
types of pools are often the
entry point for youth to
begin gambling. Fans should
enjoy following the
tournament and filling out a
bracket just for the fun of it,
not on the amount of money
they could possibly win.
other than electronic mail (traditional email, and other communication through
electronic services and applications comparable to traditional email in which a message
is sent directly to another individual) and facsimile, are prohibited until after the PSA
signs a NLI or the institution's written offer of admission and/or financial aid or after the
institution has received a financial deposit in response to the institution's offer of
admission. Examples of prohibited electronic correspondence include, but are not
limited to text messages, instant messages, SnapChat and comments on a PSA's wall or
page.
In basketball and men's ice hockey, any type of electronically transmitted
correspondence (e.g., e-mail, facsimile, instant message, text message, SnapChat, etc.)
may be sent to a PSA, provided the correspondence is sent directly to the PSA (or his or
her parents or legal guardians) and is private between the sender and recipient. Once a
PSA signs a NLI or an institution's written offer of admission and/or financial aid or after
the institution receives a financial deposit from the PSA in response to the institution's
offer of admission, the institution may communicate publicly with that prospective
student-athlete.
The following questions and answers are designed to assist the DI membership with the
application of the legislation governing use of social media.
Q1: Is it permissible to send correspondence to a PSA using email equivalent functions
that are available on social media platforms?
A: Yes. Email is not limited to traditional email services provided by an institution,
website or Internet service provider. Permissible email communication extends to
communication through electronic services and applications comparable to traditional
email in which a message is sent directly to another individual. Accordingly, it is
permissible for an athletics department staff member to send electronically transmitted
correspondence to a PSA using a service that permits a private message to be sent
between only the sender and recipient in a manner comparable to traditional email
(e.g., Twitter "direct message," Facebook messenger, Instagram Direct, etc.). Any
pictures or audio/video clips included in such messaging cannot be created for a
recruiting purpose or must fit within a specific category of institutionally produced
audio/video materials expressly permitted under the recruiting materials legislation
that may be provided via e-mail attachment or hyperlink. Electronically transmitted
correspondence through other services or applications that may be directed to a
specific individual but are accessible to other users of the service or application (e.g.,
Twitter "@replies" or "mentions," Facebook wall-to-wall feature) are not considered an
email equivalent. Finally, institutions should note that whether a permissible form of
electronic communication occurred is based on the mode of communication used, not
on how a service stores or catalogs the communication after the communication ends.
Q2: In sports other than basketball, may institutional staff members use a service or
software to convert an email into a text message or other prohibited form or
electronically transmitted correspondence?
A: No. Further, to the extent an athletics department staff member is aware that a PSA
is receiving a permissible form of electronic communication in an impermissible format
(e.g., receiving email as text messages), such electronic transmission is prohibited.
Q3: May a coach or other institutional staff member and a PSA connect via social media
(e.g., "friend" each other on Facebook, "follow" each other on Twitter) prior to the first
permissible date to provide recruiting materials?
permissible date to provide recruiting materials?
A: Yes, provided the only communication to the PSA is an
electronic notification automatically generated by the
social media platform (e.g., the platform notifies a PSA
that he or she has received a friend request) and the
coach or other institutional staff does not include any
additional language in either the request or the reply.
Once connected, all limitations governing recruiting
correspondence, electronic communication and publicity
remain in effect until the PSA has signed a NLI or the
institution's written offer of admission and/or financial
aid or the institution has received his or her financial
deposit in response to its offer of admission.
Q4: May a coach or other athletics department staff
communicate publicly with or about a PSA on a social
media platform?
A: A coach or other athletics department staff may not
communicate publicly with a PSA until the PSA has signed
a NLI or the institution's written offer of admission and/or
financial aid or the institution has received his or her
financial deposit in response to its offer of admission.
Prior to that time, public communication with or about a
PSA is contrary to the publicity legislation. Further, a
coach or other athletics department staff may not
publicly reference the name, nickname or other
personally identifiable information (e.g., address) of a
PSA, other than to confirm recruitment of the PSA, nor
may they forward or republish identifiable information
generated by a PSA (e.g., "retweet").
Q5: May a current SA and a PSA connect and
communicate via a social media platform at any time and
publicly communicate with or about a PSA?
A: Yes, provided the communication does not occur at the
direction of a coach or other athletics department staff
and the communication does not relate to the PSA's
recruitment (e.g., a SA may not publicly comment on a
PSA's verbal commitment, a SA may not post any
information that would publicize a PSA's visit to campus),
including information that was initially generated by the
PSA (e.g., "retweet").
Q6: May a coach or other athletics department staff
connect and communicate publicly with a PSA's coach or
team via a social media platform at any time?
Q7: May a coach send a generic good luck or
congratulatory message which mentions a specific HS on
social media (e.g., a tweet on Twitter or a Facebook wall
post that states, "Good luck, City High School, during the
2013 soccer season!")?
A: No. Such messages would constitute an endorsement of
the high school.
Q8: If an athletics department staff member's son/
daughter is a PSA, is it permissible for the staff member to
send a good luck or congratulatory message in which the
son/daughter's HS or team is mentioned (e.g., "Congrats to
my daughter, Suzie, and the Central High volleyball team
on winning the conference tournament this weekend!")?
A: Yes; however, the staff member is not permitted to
comment specifically on any other PSA on the team unless
the PSA has signed a NLI or the institution's written offer
of admission and/or financial aid or the institution has
received his or her financial deposit in response to its offer
of admission.
Q9: If an athletics department staff member has a preexisting relationship with a HS coach, is it permissible for
the staff member to send a good luck or congratulatory
message mentioning the coach's name (e.g., "Congrats,
Coach Smith, on your 400th career victory! Proud of you,
my friend.")?
A: No. This would constitute an impermissible
endorsement of the mentioned coach.
Q10: May an athletics department staff member post a
tweet commenting on a particular facility used by PSAs
(e.g. "Great ballgame at Township High School. One of the
best HS baseball fields in the country!")?
A: No. While it is permissible for an institutional staff
member to publicly post generic information on a social
networking website including locations visited, comments
made about a PSA, coach, HS or athletics facility that is
primarily used by PSAs are not permissible.
Q11: May an institutional staff member post an individual
photo of a PSA taken during a on the institution's campus
to the staff member's personal website, institutional
website, social media site?
A: Although it is permissible for a photo of a PSA taken
A: Although it is permissible to connect and communicate
while visiting the institution's campus, to be used in
with a PSA coach via private communication at any time,
permissible publicity and promotional materials an
coaches and other athletics department staff are not
individual or "staged" photo of a PSA cannot be posted to
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permitted to make any public comment that promotes or
any of the above platforms prior to the PSA signing a NLI,
endorses any PSA's coach or team, or an athletics facility
an institution's written offer of admission and/or financial
that is primarily used by PSAs.
aid or receipt of his or her financial deposit.
Suspensions Handed Down in Wichita State Apparel Case
Paul Sullentrop of the Wichita
Eagle:
Eight Wichita State baseball
players will miss games as the
result of an NCAA investigation
into improper apparel benefits.
The NCAA notified WSU of the
penalties on Friday morning,
four hours before its opening
game of the season.
In all eight players will be
suspended for between three and
nine games. In addition, another
eight players had to pay
restitution but will not be
suspended because the amount
of extra benefit they received
was less than $100.
Wichita State got two breaks
from the NCAA in player
suspensions. First, the NCAA
reduced the suspensions by half.
Instead of missing 6, 12, or 18
games (10%, 20%, and 30% of a
baseball season), the players will
miss three, six, or nine games.
The article says this was due to
self-reporting the violations, but
there would have to be another
mitigating factor as well like
lack of education on apparel
ordering or the fact it was
isolated to one employee.
A Wichita State administrative assistant was unaware of which apparel items
she ordered for baseball players, unknowingly committing NCAA violations,
according to her lawyer.
Shelley Wombacher, a long-time employee of the baseball program, is at the
center of an internal review regarding improper clothing and apparel benefits to
members of the team. On Wednesday, sources at WSU identified Wombacher
as the person with access to a discounted Under Armour account. Players
ordered non-baseball items such as hunting gear at as much as a 50-percent
discount, a violation of NCAA rules.
Randy Rathbun, Wombacher’s lawyer, said he is angry that the university is
using her as a scapegoat after her 20-plus years of work. According to Rathbun,
coaches, administrators and athletes, from the baseball program and other sports
and departments within the athletic department, often ordered from Under
Armour through Wombacher. The practice was common, he said, for several
years.
Wichita State athletic director Eric Sexton declined to comment, referring to
statements made in Tuesday’s news release announcing the review.
Rathbun said Wombacher received no training from the department on how to
use the account, and that she has not been fired.
“They would come to her with a SKU number and order items,” Rathbun said.
“She had no idea what she was ordering. I don’t know if anybody knew what
was being ordered.”
Coaches, staff and administrators are allowed to order apparel. Athletes are
allowed to order items, such as running shoes or sweat suits, used in their sport.
Rathbun said Wombacher said some of the packages came through the baseball
office. Others went to home addresses.
“It’s just disgraceful the way they’re treating this lady,” he said. “How in the
heck does a secretary know it’s a violation?”
Wichita State will also be
allowed to stagger the
suspensions because there were
so many, particularly among the
pitching staff. Five pitchers
including three starters were
suspended. Notice that the
players which sat out
immediately were the three
position players. Like MLB
suspensions, even games where
a pitcher is not scheduled to
pitch count toward fulfilling the
suspension.
As many as 16 current players could be involved, sources said. Under Armour
supplies WSU’s baseball uniforms and other apparel. The company did not
respond to an email request for comment.
This ends the reinstatement
Read more here: http://www.kansas.com/2013/12/05/3161295/lawyer-wichita-state-
According to WSU sources, the purchases go back two or three years and took
place without the knowledge of former coach Gene Stephenson and his assistant
coaches. Members of the current coaching staff discovered the issue and
brought it to the attention of the administration. Stephenson was fired after 36
seasons on June 4. Arkansas assistant Todd Butler was hired June 16.
WSU announced the review on Tuesday, the same day Wombacher was asked
to leave her office at Eck Stadium and complied.
Spring Recruiting Calendar
Saint Mary’s College Compliance Staff
Stephanie Shrieve
Assistant A.D. for
Can
Compliance
(Sports Subject to Recruiting Calendar)
Piper Brewster
Coordinator of Compliance
and Athletic Eligibility
PHONE:
(925) 631-4952
PHONE:
(925) 631-4956
E-MAIL:
[email protected]
EMAIL:
[email protected]
BASEBALL:
March 1-31
April 1-13
April 14-17
April 18-30
MEN’S BASKETBALL:
March 1-31
April 1-2
April 3-10(noon)
April 10(noon)-13
2013-14 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 13, 2013
November 20, 2013
April 16, 2014
May 21, 2014
February 5, 2014
August 1, 2014
November 13, 2013
November 20, 2013
April 16, 2014
August 1, 2014
March 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.
Recruiting Period
Quiet Period
Dead Period
Contact Period
WOMEN’S BASKETBALL:
March 1-31
Contact Period
SOFTBALL:
March 1-31
Contact Period
VOLLEYBALL:
March 1-31
Contact Period
LACROSSE:
March 1-31
Contact Period
CROSS COUNTRY/TRACK:
March 1-13
March 14-15
March 16-31
Contact Period
Dead Period
Contact Period
2014-15 Deposits to SMC
Initial Eligibility Certification
Please notify Compliance of any recruited walk-ons for 201415 so they can be tracked along-side all NLI signees.
Compliance will periodically send out your current IRL
(institutional recruiting list) – please inform compliance of
any additional PSAs to track or any PSA you are no longer
recruiting.
All prospects (either signed or walk-on) that have
been officially accepted to SMC for Fall 2014 should
make their housing and admissions deposits. A
prospect has been officially accepted to the college if
they submitted a Common Application and received
an acceptance letter from Admissions.
To make a deposit, prospects should log on to
www.smcadmit.com/makemeagael and then
follow the directions given.
Admissions/ Financial Aid 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.
Prospects cannot register for summer orientation or
2014-15 housing until they make a deposit.
Exception: Prospects that will be on a FULL
ATHLETIC scholarship do NOT need to make a
deposit.
NOTE: PSAs can now access the Net Price Calculator at:
http://www.stmarys-ca.edu/admissions-aid/net-price-calculator
Saint Mary’s College Athletics Compliance Office
1928 Saint Mary’s Rd
Moraga, CA 94556
Fax: (925) 376-7049
www.SMCGaels.com/compliance
Contact Period
Contact Period
Dead Period
Contact Period
5
Office of Athletics Compliance is
located in Madigan Gym.
Follow us on Twitter:
@GaelsCompliance