Transcript AMATEURISM AND PROMOTIONAL ACTIVITIES OVERVIEW General Amateurism Regulations Amateurism certification Post enrollment amateurism Determining whether sports are same or different Recent changes in legislation.

AMATEURISM AND
PROMOTIONAL ACTIVITIES
OVERVIEW
General Amateurism Regulations
Amateurism certification
Post enrollment amateurism
Determining whether sports are same or different
Recent changes in legislation
OVERVIEW
Promotional Activities and Institutional
Fundraisers
Applicable legislation
 Athletically Related Promotional Activities.
 Promotional Activities Involving Commercial
Sponsors.
 Modeling and other nonathletically related
promotional activities.
Case studies
GENERAL AMATEURISM
REGULATIONS
AMATEURISM CERTIFICATION BASICS
 A SA must receive a final amateurism certification
from the NCAA Eligibility Center in all sports in which
he/she participates before engaging in practice or
competition.
 SA loses amateur status and is not eligible for
participation in a particular sport if enters into an
agreement with or receives benefits from an agent.
NCAA Division II Bylaws 12.02.1 , 12.1 .1 .1 , 12.1 .2 and 12.3
AMATEURISM CERTIFICATION BASICS
 When can final amateurism be requested?
 April 1: Fall enrollees.
 October 1: Midyear enrollees.
 Can a SA practice without a final amateurism
certification?
 Yes, for 45 days.
 After 45 days, SA must cease participation in practice
activities until final amateurism certification is received.
 In an extenuating circumstance, institution may file a NCAA
Division II Committee for Legislative Relief waiver.
Bylaw 12.1.1.1.3.1
POP QUIZ
 Ross plans to
participate in cross
country and track and
field.
 Rachel plans to
participate in a
National Collegiate
Championship sport.
 Does Ross need an
amateurism
certification in both
sports?
 Does Rachel need an
amateurism
certification?
 YES!
 YES!
POST ENROLLMENT
AMATEURISM
POST ENROLLMENT AMATEURISM
 Once certification is received, institution is
responsible for ensuring SA retains amateur status .
 Must track on impermissible benefits following
enrollment.
Bylaws 12.1.1.1.2.1 and 12.1.4
POST ENROLLMENT AMATEURISM
 Impermissible following initial full -time enrollment:
 Use of athletics skill for pay;
 Acceptance of a promise of pay;
 Contract to play professional athletics;
 Receipt of cash award for participation;
 Expenses above actual and necessary expenses from an outside
amateur sports team or organization; or
 Preferential treatment, benefits or services.
 See Bylaw 12.1.4 for a complete list.
DETERMINING WHETHER SPORTS ARE
SAME OR DIFFERENT
Criteria evaluated:
 Playing rules;
 Mechanics;
 Skill set;
 Equipment; and
 Any legal precedent.
Bylaw 12.1.1
DETERMINING WHETHER SPORTS ARE
SAME OR DIFFERENT
Examples:
 Road racing same as track and field and cross country.
 Futsal same as soccer.
 Wheelchair basketball not same as basketball.
 Netball not same as basketball.
 Wiffle ball not same as baseball or softball.
Bylaw 12.1.1
RECENT CHANGES IN LEGISLATION
National Team Practice and Competition
 SA may receive actual and necessary expenses and
reasonable benefits associated with national team
practice and competition (e.g., health insurance, brokentime payments).
 Deregulated by NCAA Division II Proposal No. NC-2015-10.
Bylaw 12.4.2.1
RECENT CHANGES IN LEGISLATION
Fee-for-Lesson Instruction
 SA may receive compensation for teaching or coaching
sport skills or techniques in his or her sport on fee-forlesson basis.
 Must satisfy criteria governing compensation to SAs.
 Incorporation of official interpretation [Reference:
10/4/13, Item No. 1-d]
Bylaw 12.4.2.2
PROMOTIONAL ACTIVITIES
AND INSTITUTIONAL
FUNDRAISERS
PROMOTIONAL ACTIVITIES
 Promotional activities are distinct
activities as outlined in Bylaw 12.5.3.
from
media
 A community engagement event or activity is not
exempt from the promotional activities legislation.
Bylaws 12.5.1.1; 12.5.3 and 13.02.1
PROMOTIONAL ACTIVITIES
 May be conducted by a:
 Member institution;
 Member conference; or
 Noninstitutional charitable, educational or nonprofit
agency.
 Provided certain requirements are met, SA’s name,
picture or appearance may be used to:
 Support charitable or educational activities; or
 Support activities considered incidental to
intercollegiate athletics.
Bylaw 1 2.5.1 .1
PROMOTIONAL ACTIVITIES
 Written approval to participate.
 Does not include co-sponsorship, advertisement or
promotion by commercial agency.
 No missed class.
 Proceeds go directly to the permissible entity.
 SA may accept actual and necessary expenses from
institution, conference or agency.
Bylaw 12.5.1.1
PROMOTIONAL ACTIVITIES
 SA’s name, picture or appearance not used to
promote commercial ventures.
 Commercial items with SA’s name or picture sold
only by specific entities.
 Signed statement ensuring SA’s name, image and
appearance is used per legislation.
Bylaw 12.5.1.1
RECENT INTERPRETATION
Application of Promotional Activities Legislation to
Events Not Sponsored or Organized by the Athletics
Department
 Requirements of Bylaw 12.5.1.1 applicable only to
events sponsored or organized by the institution's
athletics department.
 Events in which a SA participates independent of his
or her status as a SA are not subject to the
legislation.
Official Interpretation [Reference: 3/26/15, Item No. 4-a]
RECENT INTERPRETATION
Signature Requirements for Institutional, Charitable,
Educational or Nonprofit Promotions
• The chancellor or president (or his or her designee) is only
required to sign of f once per academic year.
• SA may sign a blanket release at the beginning of the
academic year.
• For on-going promotional activities (e.g., Make - A-Wish), an
authorized representative of the charitable, educational or
nonprofit agency may sign a release statement for the entire
academic year.
Official Interpretation [Reference: 3/26/15, Item No. 4-b]
PROMOTIONS INVOLVING COMMERCIAL
SPONSORS
 Member institution (or charitable, educational or
nonprofit organization) may use the appearance,
name or picture of an enrolled SA to promote
generally its fundraising activities at the location of
a commercial establishment.
 Commercial establishment cannot be a cosponsor of
the event; and
Bylaw 12.5.1 .1 .2
PROMOTIONS INVOLVING COMMERCIAL
SPONSORS
 SA cannot promote a commercial product in
conjunction with the fundraising activity.
 What makes a commercial establishment a
cosponsor?
 Advertises the presence of the SA at the commercial
location; or
 Directly or indirectly promotes the activity.
Bylaw 12.5.1 .1 .2
RECENT INTERPRETATION
Promotions Involving Commercial Locations/Sponsors
 If the name, picture or appearance of a SA is used to
promote an event involving a commercial
location/sponsor, all money derived from the event must
go directly to the member institution, member conference
or the charitable, educational or nonprofit agency and not
through the commercial location/sponsor.
 Does not apply if SAs are not involved in the promotion of
the activity.
Official Interpretation [Reference: 3/26/15, Item No. 4-c]
CASE STUDY – GELLER UNIVERSIT Y
 A local coffee
house, Central Perk,
wants to help
Geller’s soccer
teams raise funds
for their programs
and have provided
the following flyer
for a possible event.
CASE STUDY – GELLER UNIVERSIT Y
 Is this a permissible promotional activity?
 No.
 What’s wrong with Central Perk’s proposed
flyer?
 Central Perk is a commercial business and becomes
a co-sponsor of the event by promoting the activity.
 The appearance of SAs cannot be used to promote an
activity at a commercial business.
CASE STUDY – GELLER UNIVERSIT Y
What other issues might exist?
All money derived from the activity must go
directly to the member institution, member
conference or the charitable, nonprofit agency.
CASE STUDY – TRIBIANI COLLEGE
Tribiani’s head
football coach would
like to hold a car
wash fundraiser to
support the team’s
2014-15 budget and
turns this flyer in to
compliance for
review.
CASE STUDY – TRIBIANI COLLEGE
 Is this a permissible institutional fundraiser and promotional
activity?
 Depends.
 What information do you need to know?
 Is Central Perk involved in promoting the event?
 If yes, Central Perk becomes a co-sponsor.
 Not permissible to advertise presence of SAs.
 If no, event is permissible and flyer can indicate that SAs will appear.
CASE STUDY – GREEN STATE
 Green State’s director of marketing is hoping to hold a three point shooting contest at halftime of an upcoming basketball
game.
 Participants must be a full -time student at Green State and
show their student ID before entering the contest.
 Local celebrity Regina Phelange will draw 10 names at
random to participate.
 Prizes will include:
 1 st place: $100 voucher to Green State’s bookstore.
 2 nd place: $50 gift card to a local sporting goods store.
 3 rd place: Basketball signed by head coach, Richard Burke.
CASE STUDY – GREEN STATE
 The marketing director wants to know if she has to restrict
SAs from participating in the contest.
 Is it permissible for SAs to participate if selected?
 Yes, the contest is available to all students at Green State.
 If a SA places in the top three, can he or she receive the
applicable prize?
 Yes. Bylaw 12.5.2.3.3 (promotional contests) permits a SA to receive
a prize won in a promotional activity, provided the individual was
selected in a random drawing.
MODELING AND OTHER NONATHLETICALLY
RELATED PROMOTIONAL ACTIVITIES
 A SA may receive payment and/or allow his or her name or
picture to be used to promote a commercial product or
service, provided:
 SA became involved for reasons unrelated to his or her athletics
ability;
 No reference is made to SA’s participation in intercollegiate athletics;
and
 SA is paid the going rate for his or her services and the rate is not
based on SA’s status as a SA.
Bylaw 12.5.1.2
MODELING AND OTHER NONATHLETICALLY
RELATED PROMOTIONAL ACTIVITIES
 SA who is a musician would be permitted to promote
his or her musical endeavors.
 A SA would be permitted to author and promote a
book or a business provided the requirements of the
legislation are satisfied.
 SA may not appear in advertisement in athletics
uniform or athletics apparel.
Bylaw 12.5.1.2
USE OF LOGOS,
EQUIPMENT, UNIFORMS
AND APPAREL
USE OF LOGOS, EQUIPMENT, UNIFORMS AND
APPAREL
 Potential noncontroversial legislative change.
 Still needs approval from NCAA Division II Management
Council in July.
 Would specify that the restrictions regarding logo size
on uniforms and apparel only applies to official
uniforms and institutionally purchased apparel and
equipment items.
 Do not apply to items purchased by a SA.
Bylaw 12.5.4
QUESTIONS?