Pre-Enrollment Amateurism Training and competition-related

expenses Prize money Professional team involvement

Post-Enrollment Amateurism Preferential treatment Agent issues

Understand the application of common pre-enrollment amateurism issues.

Understand the application of common post-enrollment amateurism issues.

Understand potential student-athlete reinstatement outcomes based on particular violations.

Apply pre and post-enrollment amateurism legislation appropriately.

Recognize potential amateurism issues.

Develop a working knowledge of student-athlete reinstatement guidelines.

Amateurism Certification Staff

Interpretations Staff

Student-Athlete Reinstatement Staff

ACPInterpretati

ons

ACP

Subcommittee for

Legislative Relief

Student-Athlete

Reinstatement

Sophie Snow is a skiing prospective student-athlete (PSA) from Stockholm, Sweden.

Sophie received three $800 checks ($2,400 total) from Athletes in Excellence to assist with her general training expenses.

Sophie received one check in the month of June, one in the month of July and one in the month of August.

Additionally, Sophie received $2,000 from Athletes in Excellence and $1,000 through local fundraising efforts in the month of September to assist with her costs associated with competing in the Stockholm Games.

Sophie’s actual and necessary expenses associated with the Stockholm Games totaled $5,000.

Athletes in Excellence is a local Stockholm funding program created to assist local elite athletes with training expenses.

Was it permissible for Sophie to accept the three $800 stipend checks from Athletes in Excellence to cover her general training expenses?

No. Bylaw 12.1.2.4.6.

General training expenses only permissible from National Governing Body or United States Olympic Committee (or international equivalent).

Impermissible source. Bylaw 12.1.2.1.4.3.

Expenses not related to competition or practice in preparation for competition in which the PSA is representing Athletes in Excellence.

Proposal No. 2011-24: In individual sports, prior to full-time

collegiate enrollment, an individual may accept up to actual and necessary expenses associated with a competition and practice immediately preceding competition, from a sponsor other than an agent, a member institution or a booster.▪ Expands permissible source of competition-

related expenses.

Under Proposal No. 2011-24:

Still impermissible.

▪ Three $800 checks are for general training expenses and not competition-related.

Was it permissible for Sophie to accept the $2,000 from Athletes in Excellence for competition-related expenses?

Under Proposal No. 2011-24: Permissible for Sophie to accept

expenses;. $2,000 from Athletes in Excellence is

related to Sophie’s competition in the Stockholm Games; and

$2,000 is less than Sophie’s actual and necessary expenses ($5,000).

Would have been an impermissible source under prior legislation.

Was it permissible for Sophie to accept the $1,000 she received through fundraising efforts from outside sources for competition-related expenses?

Under Proposal 2011-24: Permissible for Sophie to accept the

$1,000 she received through fundraising. ▪ Permissible source.

Permissible to accept earmarked competition-related expenses.

Up to actual and necessary expenses.▪ $1,000 is less than Sophie’s remaining actual

and necessary expenses ($3,000).

Factors to Consider:

Committee on Student-Athlete Reinstatement Prescribed Penalties.

Case Precedent.

Mitigation.

Prescribed Penalties:

Bylaw 12.1.2.1.4.3 (Expenses from Outside Team or Organization Violations).

▪ Repayment of impermissible expenses received.▪ If total impermissible expenses exceed

$3,500, withholding condition on a case-by-case analysis.

(June 2009)

Outcome Under Proposal No. 2011-24: Repay $2,400 to a charity of Sophie’s choice.

Brian McBride is a men’s basketball prospective student-athlete from Dublin, Ireland.

Brian’s expected date of high school graduation is June 2011.

During the 2010-11 season, while in high school, Brian signed a written agreement with the DCU Saints for the 2010-11 and 2011-12 seasons.

Brian did not receive a salary or stipend from the DCU Saints.

The DCU Saints compete in the Irish Superleague, and is considered a professional team under NCAA legislation for the 2010-11 and 2011-12 seasons, as it paid at least one player above actual and necessary expenses.

Brian competed in six games for the DCU Saints during the 2010-11 season.

Brian enrolled as a full-time student at Dublin City University in August 2011.

Brian competed in eight games for the DCU Saints during the 2011-12 season.

Was it permissible for Brian to sign a written agreement with the DCU Saints?

Yes.Bylaw 12.2.5.1.

Permits professional team contracts prior to initial collegiate enrollment in sports other than men's ice hockey and skiing.

Analysis is based on the point in time at which PSA signed contract.

PSA signed professional contract pre-enrollment.

Was it permissible for Brian to compete with DCU Saints: In six contests during 2010-11 season? In eight contests during 2011-12 season?

2010-11 season. Yes. Bylaw 12.2.3.2.1.▪ Prior to initial collegiate enrollment, competition

on a professional team in sports other than men's ice hockey and skiing is permissible, provided PSA does not receive more than actual and necessary expenses to participate on the team.

▪ Pre-enrollment analysis is based on the individual PSA instead of the team or PSA’s teammates.

2011-12 season: No. Bylaw 12.2.3.2.▪ Brian enrolled as a full-time student at Dublin

City University in August 2011.▪ Impermissible for Brian to compete with DCU

Saints in eight contests during 2011-12 season.▪ Post-enrollment analysis is based on the nature

of the team, which may be determined by benefits provided to teammates in excess of actual and necessary expenses.

Prescribed Penalties:

Bylaw 12.2.3.2 (Competition with Professionals).▪ Two for one withholding condition.

(May 201o)

Outcome: Withholding from the first 16 regularly scheduled contests of the 2012-13 men’s basketball season.

Raquel Racket is a women’s tennis prospective student-athlete from Columbia.

Raquel graduated high school June 2011, but was not recruited and did not have the financial ability to attend college without a scholarship.

To gain exposure to college recruiters, Raquel continued to participate in organized competition until May 2012.

She initially enrolled full-time at a Division I institution for the 2012 fall term.

During 2011, Raquel earned $6,700 in prize money.

During 2012, Raquel earned $11,500 in prize money, including $750 above expenses in one event.

Raquel’s career expenses exceeded her career prize money.

Was it permissible for Raquel to accept the $6,700 in prize money earned during 2011?

Was it permissible for Raquel to accept the $11,500 prize money earned during 2012?

Proposal No. 2011-25. In tennis, prior to initial full-time collegiate

enrollment, an individual may accept up to $10,000 per calendar year in prize money based place finish or performance in open athletics events.

▪ Prize money may be provided only by the sponsor of an open event in which the individual participates.

▪ Once the individual has reached the $10,000 limit in a particular year, he or she may receive additional prize money on a per-event basis, provided such prize money does not exceed actual and necessary expenses for participation in the event.

Under Proposal No. 2011-25: 2011:▪ Permissible for Raquel to accept $6,700 in prize

money given prize money never exceeded $10,000.

2012:▪ Permissible for Raquel to accept the first $10,000

in prize money because it was earned prior to full-time enrollment.

▪ Remaining $1,500 in prize money evaluated on a per event basis.

▪ Raquel received $750 above expenses in one event.

Prescribed Penalties:

Bylaw 12.1.2.1.5 (Prize Money Violations).▪ For prize money violations prior to initial collegiate

enrollment when PSA accepts prize money above actual and necessary expenses in one or more events, but less than career expenses

▪ Less than $500 = Repayment▪ Greater than $500 - $700 = 10% withholding and repayment▪ Greater than $700 - $1,000 = 20% withholding and

repayment▪ Greater than $1,000 = 30% withholding and repayment

(May 2010)

Potential Outcome Under Proposal No. 2011-25: Repay $750 to a charity of Raquel’s choice. Withholding from first 10 percent of the

regularly scheduled dates of competition of the 2012-13 women’s tennis season.

Enforcement Staff

Interpretations Staff

Student-Athlete Reinstatement Staff

Enforcement

Interpretations

Enforcement

Student-Athlete

ReinstatementInstitution

Alex Alley-Oop is a recruited first-year men’s basketball student-athlete at Ballin’ University.

During October of Alex’s first year at Ballin’, his parents could not pay rent so they reached out to Alex’s former non-scholastic basketball coach, Charlie Cheatum, to see if he could loan them money.

Charlie informed Freddy Football, a current NFL player and financial supporter of Alex’s former non-scholastic team.

Freddy deposited $3,000 into the non-scholastic team bank account.

Charlie withdrew the money and provided it to Alex’s parents.

Alex’s parents repaid the money two months later.

Alex had no knowledge of the loan to his parents for rent.

Was the loan provided to Alex’s parents from Freddy permissible?

No.Bylaw 12.1.2.1.6.

No benefits based on athletics reputation extends to parents.

Official interpretation [Reference: 6/06/00]. Does not meet the pre-existing relationship

test.Bylaw 12.1.2.1.4.3.

Also not permissible expenses from an amateur team.

Guidelines:

Bylaw 12.1.2.1.6 (Preferential Treatment After Enrollment).▪ Value of benefit is $100 or less = Repayment .▪ Value of benefit is greater than $100 to $300 =

Repayment and 10 percent withholding.▪ Value of benefit is greater than $300 to $500 =

Repayment and 20 percent withholding.▪ Value of benefit is greater than $500 = Repayment

and 30 percent withholding.(May 2008)

Staff has the ability to increase or decrease the withholding condition based on a review of factors and culpability .

(May 2007)

Potential Outcome: Repay $3,000 to charity of Alex’s choice. Withholding from first 30 percent of regularly scheduled contests of the 2012-13 men’s basketball season.

Tommy Touchdown is a third-year football student-athlete.

Tommy received $1,200 in airfare, lodging and entertainment expenses from his former teammate, Casey Kicks, who is assisting Tommy in selecting an agent for the upcoming NFL draft.

Casey demanded that any prospective agent who wanted to meet with Tommy provide Casey with a percentage of his or her earnings if Tommy signed with the agent.

Casey arranged for Tommy to meet with four prospective agents, who all agree to Casey’s stipulations.

Casey is not a certified contract-advisor.

Casey is not affiliated with any one particular sports agent.

Tommy was unaware of Casey’s agreement with the prospective agents.

Was it permissible for Tommy to accept the $1,200 in benefits from his former teammate, Casey?

Proposal No. 2011-23. Amends Bylaw 12.02 as follows:▪ An agent is any individual who, directly or

indirectly:(a) Represents or attempts to represent an individual for

the purpose of marketing his or her athletics ability or reputation for financial gain; or

(b) Seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.

Proposal No. 2011-23 (cont’d.) An agent may include, but is not limited

to, a certified contract advisor, financial advisor, marketing representative, brand manager or anyone who is employed or associated with such persons.

Under Proposal No. 2011-23: Not permissible. Casey would constitute an agent. Tommy’s acceptance of $1,200 from Casey is

an impermissible benefit from a prospective agent.

Bylaw 12.3.1.2. Impermissible benefits from a prospective

agent.

Guidelines:

Bylaw 12.3.1.2 (Benefits from an Agent or a Prospective Agent Violations).▪ Less than $100 = 10 percent withholding condition and

repayment.▪ Greater than $100 to $300 = 20 percent withholding

condition and repayment.▪ Greater than $300 to $500 = 30 percent withholding

condition and repayment.▪ Greater than $500 to $1,000 = 50 percent withholding

condition and repayment.▪ For violations greater than $1,000, the minimum

withholding condition is sit-a-season, charge-a-season up to permanent ineligibility and repayment.

(December 2010)

Potential Outcome:

Repay $1,200 to a charity of Tommy’s choice.

Sit-a-season, charge-a-season withholding condition.

Debbie Dribble is a fourth-year women’s basketball student-athlete.

Debbie accepted $800 from a financial advisor to assist with her training expenses during the summer prior to her fourth year at State University. Debbie agreed to repay financial advisor

$800 when she turned professional.

Financial advisor wants to manage Debbie’s future investments if she becomes a professional athlete.

Financial advisor is not affiliated with any particular contract advisor.

Was it permissible for Debbie to accept the $800 from financial advisor for training?

No. Under Proposal No. 2011-23.

Financial advisor would constitute an agent. Debbie's acceptance of $800 from financial

advisor is an impermissible benefit from a prospective agent.

Bylaw 12.3.1.2. Impermissible benefits from a prospective

agent.

Guidelines:

Bylaw 12.3.1.2 (Benefits from an Agent or a Prospective Agent Violations).

▪ Less than $100 = 10 percent withholding condition and repayment.

▪ Greater than $100 to $300 = 20 percent withholding condition and repayment.

▪ Greater than $300 to $500 = 30 percent withholding condition and repayment.

▪ Greater than $500 to $1,000 = 50 percent withholding condition and repayment.

▪ For violations greater than $1,000, the minimum withholding condition is sit-a-season, charge-a-season up to permanent ineligibility and repayment.(December 2010)

Potential Outcome: Repay $800 to a charity of Debbie’s choice.

Withholding from first 50 percent of the regularly scheduled contests of the women’s basketball season.

Pre-Enrollment Amateurism Training and competition-related

expenses Prize money Professional team involvement

Post-Enrollment Amateurism Preferential treatment Agent issues