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NCAA Division III Bylaw 12 Advanced Jeff Myers Sarah Otey Session Overview • Promotional Activities. – Institutional, Charitable, Educational or Nonprofit Promotions. – Modeling and Other Nonathletically Related Activities. – Financing Athletics Participation. – Amateurism and Awards. Promotional Activities Promotional Activities • SA actively participates in the activity (e.g., handing out flyers, selling cookie dough). • SA’s name is associated with the activity. • SA’s likeness is associated with the activity. Promotional Activities • The medium does not matter – same legislation applies. – Flyer. – Swim-a-thon. – Bake sale. – Email. – Social media. – Crowdfunding site. Promotional Activities Institutional, charitable, educational, nonprofit promotion? Commercial advertisement? Modeling and other nonathletically related promotional activity? Institutional, Charitable, Educational or Nonprofit Promotions Institutional, Educational, Charitable, Nonprofit Promotions • Provisions of NCAA Bylaw 12.5.1.1 must be met. – Bylaw 12.5.1.1-(a) requires written approval from the institution’s president or chancellor (or designee). o Can be “blanket” permission provided at the beginning of the year. – SA and authorized representative of the institutional, educational, charitable or nonprofit entity must sign a statement ensuring that the SA’s name/likeness is used in a manner consistent with Bylaw 12.5.1.1. o SA’s signature can be provided at the beginning of the year. Bylaw: 12.5.1.1 RSRO Question • One of my institution’s current student-athletes has been asked to be in a video for his high school’s capital campaign. Is this permissible? – Yes, provided the provisions of Bylaw 12.5.1.1 are met. RSRO Question • Can my institution’s baseball team create a gofundme site to raise money for an upcoming spring break training/competition trip? – Yes. – SA’s name or likeness may be used for an institutional fundraiser, provided the provisions of Bylaw 12.5.1.1 are met – regardless of the medium. Modeling and Other Nonathletically Related Promotional Activities Commercial Advertisement • Generally, a student-athlete cannot allow use of his or her name or likeness to advertise or promote the sale of a commercial product or service. Bylaw: 12.5.1.4 Exceptions • SA’s name or likeness may be used to promote a commercial product or service, provided… – SA becomes involved in the activity for reasons independent of athletics. – No reference is made to SA’s involvement in intercollegiate athletics. – Remuneration is consistent with SA’s skills/experience and is unrelated to athletics. Bylaw: 12.5.1.3 RSRO Question • SA had her ACL reconstructed by a local orthopedic surgeon. The surgeon’s sports medicine practice would like to use the SA in a commercial. Specifically, SA would elaborate on her experience with the sports medicine practice and discuss her return to play. Is this permissible? – Is sports medicine practice a nonprofit entity? If not… – No. SA was selected for this activity based on her ability to reference her return to athletics participation. Student-Athlete’s Own Business • SA is permitted to establish his or her own business. – Official Interpretation [Reference: 2/1/07]. • Promotion of the SA’s business is still governed by Bylaw 12.5.1.3. • What does this mean in today’s culture? “Old School” Example • SA starts a lawn mowing business. • SA hands out flyers promoting his lawn mowing business. • SA does not mention his involvement in athletics. • SA is receiving the going rate for similar services in the locale. • Permissible? – Yes. Consistent with Bylaw 12.5.1.3. RSRO Question • A student-athlete at our institution is having trouble paying for college. He wants to start a crowdfunding site to help him pay tuition. Is this permissible? – Consider “self-promotion” in this way to be similar to promoting one’s own business. – It depends… fundsforcollege.com • Help me pay my college tuition. • Rising junior. • Math major. • 3.5 GPA. • Need to raise an additional $1000 to stay in school for the upcoming semester. fundsforathletes.com • Help me pay my college tuition. • Rising sophomore. • 3.6 GPA. • Volunteer 20 hours a week at local children’s hospital. • Plan to go on to medical school. helpingstudents.com • First in my class. • Student body president. • Shortstop on softball team. • Pep band. Financing Athletics Participation Preferential Treatment • It is impermissible to receive preferential treatment, benefits or services because of the individual’s athletics reputation or skill or pay-back potential as a professional athlete. Bylaw: 12.1.1 Fundraising and Designation. Fundraising and Designation. Identifying funds to go to a specific person as opposed to a team, school or organization. Preferential Treatment Designation allowed if: • Established relationship . • Prospective student-athlete (up to actual and necessary). • Student-athlete. – Earned – not gained from athletically related activity or direct appeal. – Institutional fundraiser. – Up to actual and necessary. Bylaw: 12.1.1.1.2 RSRO Question May a student-athlete sell raffle tickets for an outside team to offset his cost of playing for that team? RSRO Question An institution is interested in setting up an online store, listing several items that are required for participation (practice gear in particular). Student-athletes could then purchase for themselves and would share the link and ask family and friends to purchase items for them for Christmas. Is this permissible? Amateurism and Awards Amateurism - Prize Money Pre-Enrollment Post-Enrollment • Open event. • Individual sports. • Sponsor of the event. • Open event. • If team (actual and necessary). • Sponsor of the event. • Summer vacation period. • Up to actual and necessary expenses. Actual and Necessary Expenses Only for the student-athlete (e.g., not coach’s fees or parents’ expenses). Some Examples: • Meals directly tied to competition and practice held in preparation for such competition; • Lodging directly tied to competition and practice held in preparation for such competition; • Transportation to and from the competition; and • Entry fees. Bylaw: 12.02.5 Educational Column 1/18/13 Amateurism – Noncash Awards Not representing the institution. • Amateurism rules governing events. Bylaw: 12.1.3.2.(e), 12.1.5.2(e), 16.1.1.2 RSRO Question If a student-athlete runs in a summer race and pays $20 to enter, is she allowed to accept the $20 back for winning her age bracket and then a $15 gift card to a local merchant for finishing fourth overall? RSRO Question Is an offer of a free race admission acceptable under Bylaw 12.1.5.1 when it is offered "up front" vs. a reimbursement of expenses as prize money? This was offered based on performance at the race in a previous year. Is this situation allowable? Professional Teams Professional Teams Pre-Enrollment Post-Enrollment • May compete. • May practice – no competition. • May sign contract. • May only receive actual and necessary expenses. • May receive limited expenses for tryout. • Outside playing season (includes the nontraditional segment). Bylaws 12.1.3.1(b), (c), (d); 12.1.5.2(c), (d), (e); 12.2 Questions?