2011 Regional Rules Seminars

NCAA Division II Committee on Student-Athlete

Reinstatementand

Secondary Infractions

OVERVIEW Identifying rules violations.

Determining whether a violation impacts eligibility.

Submitting a self-report of a violation.

Submitting an NCAA Division II Committee on Student-Athlete Reinstatement (SAR) request.

Selected SAR guidelines.

Importance of Self-Reporting Violations

It’s required! (NCAA Constitution 2.8.1)

It’s a primary element of institutional control.

It’s better to have violations and self-report, than to not report any violations.

It’s necessary to resolve eligibility issues.

The Numbers . . .

Year Total Secondary Violations

D-II Secondary Violations

2010 4,050 723

2009 4,107 777

2008 3,916 724

Identifying Violations

Knowledge of Rules and Monitoring.

Need working knowledge of rules to recognize “red flags.”

Knowledge of rules should not be limited to compliance.

Monitoring systems needed to identify violations.

Identifying Violations

NCAA Manual and LSDBi Databases.

Identify specific NCAA bylaws.

Determine eligibility consequences.

Determine necessary penalties and corrective actions.

Academic and membership affairs (AMA) contact.

Determining Impact on Eligibility

Assume violations affect eligibility unless noted otherwise.

NCAA Bylaw 11 and Bylaw 17 violations do not affect eligibility.

“De minimis” violations do not affect eligibility.

“Restitution” violations do affect eligibility.

Determining Impact on Eligibility

De minimis language:

“Violations of this bylaw do not affect a prospective student-athlete’s eligibility; however, the violation shall be considered an institutional violation per Constitution 2.8.1.”

Determining Impact on Eligibility

Restitution language:

“For violations of this bylaw in which the value of the benefit is $100 or less, the eligibility of the individual shall not be affected conditioned on the individual repaying the value of the benefit to a charity of his or her choice. The individual, however, shall remain ineligible from the time the institution has knowledge of the receipt of the impermissible benefit until the individual repays the benefit . . .”

Self Reporting Violations Secondary reporting forms available on NCAA website.

Reports should contain:

“Who, what, when, where and why.”

Specific bylaw cites.

Actions taken by the institution and conference.

Whether the institution is seeking reinstatement of eligibility for any student-athlete (SA) or prospective student-athlete (PSA).

AMA Online Case Management System for Enforcement in the future.

Self Reporting Violations

If violation affects eligibility and institution is seeking reinstatement:

Must submit through AMA Online Case Management System.

If violation does not affect eligibility or institution is not seeking reinstatement:

Send directly to enforcement (Chris Strobel).

Enforcement Penalties and Corrective Actions

Penalties:

Apply to area in which violation occurred. Go beyond simply eliminating advantage. Affect involved program.

Corrective Actions:

Rules education. Improved monitoring procedures.

Case Study No. 1 Women’s soccer team purchases new Adidas

uniforms after being told that the uniforms were “NCAA compliant” by the sales representative.

The uniforms have the Adidas three-stripe pattern down the sleeves and on the shorts, in addition to the Adidas logo on the left chest.

The women’s soccer team wears the new uniforms in a regular season contest before being notified that the uniforms are not in compliance with Bylaw 12.5.4.

Case Study No. 1 (continued)

Enforcement Action and Eligibility Consequences.

Change/alter the uniforms.

Educate coaches, equipment managers, other staff.

Possible monetary fine if violation repeated.

No eligibility consequences as Bylaw 12.5.4 is de minimis.

Case Study No. 2

Head men’s tennis coach provided tennis SA with a Batman utility belt as a congratulatory gift after the SA passed his eye exam (Bylaw 16.11.2.1).

Value of the benefit was $23.97.

Case Study No. 2 (continued)

Enforcement Action and Eligibility Consequences.

Letter of admonishment to head coach.

Educate coach, coaching staff or all staff.

SA is ineligible until he makes restitution for the value of the impermissible benefit to a charity (restitution language in Bylaw 16.01.1.1).

Case Study No. 3 Third year men’s soccer SA initially enrolls in 15 hours. SA drops three hour course, now enrolled in 12 hours, with 11 hours counting toward full-time enrollment as one hour is on an “audit” basis. SA confirms full-time enrollment with academic advisor. Head coach is notified SA is enrolled less than full time. Head coach asks SA about enrollment status, SA says it’s been “taken care of” and that he has 12 hours. Head coach allows SA to practice, travel and

compete in two contests (Bylaws 14.1.8.1 and 16.8.1.2).

Case Study No. 3 (continued)

Enforcement Action:$250 fine for each contest in which SA competed while ineligible.Suspend head coach from all coaching-related duties for one contest.Require review of improvement/implementation of full-time enrollment monitoring systems.

Legislative Requirement:Contests in which SA competed while ineligible will be nullified for NCAA championship selection purposes.

Case Study No. 3 (continued)

Eligibility Consequences.

Both Bylaws 14.1.8.1 (full-time enrollment) and 16.8.1.2 (travel expenses) have “de minimis” language; however, the “de minimis” part of Bylaw 14.1.8.1 is limited to violations involving practice.

Since the SA competed while enrolled less than full time, SA’s eligibility is affected and reinstatement is necessary.

Philosophy of Student-Athlete Reinstatement

Students first philosophy.

Place the SA back in the position he or she was prior to the violation.

Possible conditions: Repayment and/or withholding from competition.

Factors Considered in Analysis

SA’s culpability for violation.

Institution’s responsibility for the violation.

Impact of the outcome on SA.

Could the violation have been avoided.

Other mitigation.

Case Study No. 3 (continued)

Eligibility Consequences.

Competition while less than full time; Division II SAR guideline is one-for-one withholding unless:

SA continued to attend class;

SA was unaware not full time; and

SA made every effort to remain full time.

Will the student-athlete need to fulfill a withholding condition?

When Should Institution Seek Reinstatement?

Institution has determined a violation has occurred.

Violation affect’s the PSA’s or SA’s eligibility.

SA has eligibility remaining.

Timing and destination of request.

How Should A Reinstatement Request Be

Submitted?

Use AMA Online case management system to submit reinstatement request with necessary signatures.

Refer to AMA On-Demand Video Session.

Resources tab within AMA Online for guidance.

SAR Guideline: Fulfilling a Withholding Condition

SA must otherwise be eligible.

Must be fulfilled in one of SA’s four seasons of participation.

Exhibitions and scrimmages do not count for withholding.

Only contests or dates of competition that count toward the selection for NCAA championships.

Case Study No. 4

Freshman volleyball SA from Jamaica accepted $250 cash from booster following the season to purchase winter coat.

Institution provided extra benefits rules-education at initial team meeting.

SA did not ask anyone from institution if accepting cash was permissible.

Head coach noticed SA was wearing coat and asked about it.

Case Study No. 4 (continued)

Eligibility Consequences and Enforcement Action.

Is reinstatement necessary?

What is outcome for SA?

Is it an institutional violation?

SAR Guideline: Impermissible Benefits

Enrolled Student-Athletes.

Greater than $100 to $300 = 10% withholding and repayment.

Greater than $300 to $500 = 20% withholding and repayment.

Greater than $500 = 30% withholding and repayment.

SAR Guideline: Impermissible Benefits

Prospective Student-Athletes.

$100 to $500 = repayment only.

Greater than $500 to $700 = 10% withholding and repayment.

Greater than $700 to $1000 = 20% withholding and repayment.

Greater than $1,000 = 30% withholding plus repayment.

Case Study No. 4 (continued)

Eligibility Consequences and Enforcement Action.

Reinstatement is necessary and guidelines indicate starting point is repayment to charity ($265) and 10 percent withholding.

It is an institutional violation. Will need to analyze whether secondary or major and determine appropriate corrective/punitive actions.

Case Study No. 5

Senior men’s lacrosse SA participates in outside amateur team during the season but while on spring break.

SA did not think it was impermissible given it was during vacation.

SA competed in four dates of competition on outside team.

Case Study No. 5 (continued)

Eligibility Consequences and Enforcement Action.

Eligibility impacted?

Yes. Bylaw 14.7.1

Is withholding appropriate?

Yes. Division II SAR guideline reflects one-for- one withholding as starting point.

It is an institutional violation. Will require institution to educate SAs on outside competition legislation.

Presentation Take-Aways

Institution must determine that a violation has occurred.

If need interpretive assistance, contact AMA staff.

Search LSDBi for precedent cases that will help with institution’s self-imposed actions and reinstatement conditions for the SA.

Presentation Take-Aways

The only waivers that need to be sent to secondary enforcement are Season-of-Competition waivers—Competition while ineligible given a violation has also occurred.

Must submit student-athlete reinstatement request through AMA Online Case Management System.

Can no longer fax secondary report to Chris and ask that he forwards to SAR.

Contact Information Secondary Enforcement: 317/917-6009.

Secondary Fax Number: 317/917-6059

Submit all student-athlete reinstatement cases through AMA Online Case Management system.

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Questions