International Prospective Student-Athletes &

NCAA DI Amateurism – The professionalization threshold

© 2005 Kaburakis

Who are they?

The nature of the problem US v. International Sport Structure

International Sport Structure Federalized club-based socio-cultural model One Sport Federation – All LevelsDirect contact between professional and amateur clubs

US Intercollegiate Amateur Sport model“Clear demarcation between intercollegiate and professional sports” (NCAA Constitution, Article 1, Bylaw 1.3.1)NCAA DI minimizing relations w/ Pro sports

The nature of the problem US v. International Sport Structure

International Sport Structure Federalized club-based socio-cultural model One Sport Federation – All LevelsDirect contact between professional and amateur clubs

US Intercollegiate Amateur Sport model“Clear demarcation between intercollegiate and professional sports” (NCAA Constitution, Article 1, Bylaw 1.3.1)NCAA DI minimizing relations w/ Pro sports

The tip of the iceberg

NCAA DI Amateurism (Bylaws 2.9, 12)“Participation… motivated by education and by the physical, mental, and social benefits to be derived… avocation…”“Professional athletics team… provides any of its players more than actual and necessary expenses” (12.02.4)“An individual loses amateur status if… ever competed on any (12.02.4) team… even if no pay or remuneration for expenses was received” (12.1.1 & 12.3.2.2)

NCAA ConstitutionAmateurism definitions and regulations

1.3.1: “The competitive athletics programs of member institutions are designed to be a vital part of the educational system. A basic purpose of this Association is to maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body and, by so doing, retain a clear line of demarcation between intercollegiate athletics and professional sports”

2.9: “Student-athletes shall be amateurs in an intercollegiate sport, and their participation should be motivated primarily by education and by the physical, mental, and social benefits to be derived. Student participation in intercollegiate athletics is an avocation, and student-athletes should be protected from exploitation by professional and commercial enterprises”

Bylaw 12Amateurism definitions

12.01.1: “Only an amateur student-athlete is eligible for intercollegiate athletics participation in a particular sport”

12.01.3: “NCAA amateur status may be lost as a result of activities prior to enrollment in college…”

Bylaw 12Amateurism definitions

12.02.2 Pay. Pay is the receipt of funds, awards or benefits not permitted by the governing legislation of the Association for participation in athletics

12.02.3 Professional Athlete. A professional athlete is one who receives any kind of payment, directly or indirectly, for athletics participation except as permitted by the governing legislation of the Association

Bylaw 12Amateurism definitions

12.02.4 Professional Athletics Team. A professional team is any organized team that:

a) Provides any of its players more than actual and necessary expenses for the participation on the team, except as otherwise permitted by NCAA legislation. Actual and necessary expenses are limited to the following, provided the value of these items is commensurate with the fair market value in the locality of the player(s) and is not excessive in nature:

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;

Apparel, equipment, and supplies; Coaching and instruction; Health/Medical Insurance; Transportation (i.e., expenses to and from practice and

competition, cost of transportation from home to training/practice site at the beginning of the season and from training/practice site to home at the end of the season);

Medical treatment and physical therapy; Facility usage; (Revised: 4/24/03) Entry fees; and (Revised: 4/24/03) Other reasonable expenses (Adopted 4/24/03; Revised: 10/28/04)

b) Declares itself to be professional

Bylaw 12Amateurism

12.1.1 Amateur Status. An individual loses amateur status and thus shall be ineligible for intercollegiate competition in a particular sport if the individual:a) Uses his or her athletics skill (directly or indirectly) for pay in

any form in that sport;b) Accepts a promise of pay even if such pay is to be received

following completion of intercollegiate athletics participation;c) Signs a contract or commitment of any kind to play professional

athletics, regardless of its legal enforceability or any consideration received;

d) Receives, directly or indirectly, a salary, reimbursement of expenses or any other form of financial assistance from a professional sports organization based upon athletics skill or participation, except as permitted by NCAA rules and regulations;

e) Competes on any professional athletics team (per Bylaw 12.02.4), even if no pay or remuneration for expenses was received;

f) Subsequent to initial full-time collegiate enrollment, enters into a professional draft (NFL/NBA/NHL draft exceptions); or

g) Enters into an agreement with an agent

Bylaw 12Amateurism

12.3.2.2 Competition with Professionals. An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team (per Bylaw 12.02.4) in that sport.

Amateurism and certification of Amateurism and certification of

eligibilityeligibility–OLD–OLD 14.01.1: 14.01.1: “An institution shall not permit a “An institution shall not permit a

student-athlete to represent it in student-athlete to represent it in intercollegiate athletics competition unless intercollegiate athletics competition unless the student-athlete meets all applicable the student-athlete meets all applicable eligibility requirements, and the eligibility requirements, and the institution institution has certified the student-athlete's has certified the student-athlete's eligibilityeligibility””

14.1.2: 14.1.2: “As a condition and obligation of “As a condition and obligation of membership, membership, it is the responsibility of a it is the responsibility of a member institutionmember institution to determine the to determine the validity of the information on which the validity of the information on which the eligibility of a student-athlete is based.”eligibility of a student-athlete is based.”

MI = Main Actor implementing MI = Main Actor implementing amateurism rules and initiating processamateurism rules and initiating process

ISA questionnaireISA questionnaire Agents, Gambling, and Amateurism Agents, Gambling, and Amateurism

(AGA) staff contribution(AGA) staff contribution NCAA DI form 04-10aNCAA DI form 04-10a completion completion Institutional eligibility certification Institutional eligibility certification

decision – SA Reinstatement (SAR) staff decision – SA Reinstatement (SAR) staff contributioncontribution

NCAA internal mechanismNCAA internal mechanism – – OLD OLD

NCAA internal mechanismNCAA internal mechanism Important policy notes – datesImportant policy notes – dates

Summer 2003 – Standard of SAR review shift Summer 2003 – Standard of SAR review shift [intent to professionalize (subjective) – reasonable [intent to professionalize (subjective) – reasonable person (objective)] – person (objective)] – Executive Committee Executive Committee memorandum on “less bureaucratic – more memorandum on “less bureaucratic – more responsive” initiative (err on the side of the responsive” initiative (err on the side of the student – student – “SA-first” philosophy“SA-first” philosophy) –) – Staff Staff restructuring – SAR staff authority – Decrease in restructuring – SAR staff authority – Decrease in SARC appeals (5,5% - 3,5%) – In spite of concerns SARC appeals (5,5% - 3,5%) – In spite of concerns about MIs “riding the SA-first wave” ManCo about MIs “riding the SA-first wave” ManCo unanimously passed the policy change…unanimously passed the policy change…

2002 – 2004 lobbying and discussion among 2002 – 2004 lobbying and discussion among membership for finding a membership for finding a “competitive equity – “competitive equity – institutional control – SA welfare balance”institutional control – SA welfare balance” – – Seeds for an Amateurism Clearinghouse Seeds for an Amateurism Clearinghouse

Props 2004-60 – 2005-37 promoting ClearinghouseProps 2004-60 – 2005-37 promoting Clearinghouse Spring 2005 – Key staff restructuring – Task force Spring 2005 – Key staff restructuring – Task force

Student-Athlete Reinstatement ProcessInitial Recruitment-

evaluation, questionnaire,

scholarship offer

Initial Recruitment-evaluation,

questionnaire, scholarship offer

Institution receives Eligibility Center (EC)

decision and abides by EC and any appeals decisions – Once SA

competes, institution continues to monitor

SA status

Institution receives Eligibility Center (EC)

decision and abides by EC and any appeals decisions – Once SA

competes, institution continues to monitor

SA status

EligibleEligible

IneligibleIneligible

SAR staff appeal and info collection, AGA

staff contribution

SAR staff appeal and info collection, AGA

staff contribution

SAR staff reviewSAR staff review

IneligibleIneligibleEligibleEligible

Conditions (repayment, withheld

from contests)

Conditions (repayment, withheld

from contests)SAR Committee AppealSAR Committee Appeal

Student-Athlete Amateurism Certification ProcessInitial

RecruitmentInitial

Recruitment

Division IIIDivision III

Division I & II

Division I & II

Certification by institution

Certification by institution

Register with NCAA Eligibility Center – online questionnaire & student release form

Register with NCAA Eligibility Center – online questionnaire & student release form

ACP decision – Certified

ACP decision – Certified

Certified w/ conditions Certified w/ conditions

No Certification

No Certification

Eligible w/o conditions

Eligible w/o conditions

Eligible w/ conditionsEligible w/ conditionsIneligibleIneligible

Appeal to SAR Committee

Appeal to SAR Committee

ACP staff fact-finding processACP staff fact-finding process

Membership Services staff applies rules

Membership Services staff applies rules

If conditional certification,

triggering SAR

If conditional certification,

triggering SARLegislative

Review/Interp. Process

Legislative Review/Interp.

Process

Amateurism Fact-Finding Committee

request if dispute ACP

Amateurism Fact-Finding Committee

request if dispute ACP

Amateurism Cabinet appeal – Final

determination of facts

Amateurism Cabinet appeal – Final

determination of facts

2

1

3

SAR conditions on professional competition amateurism violations

Prior to first opportunity to enroll(e.g. pre-HS graduation)

1for1, 1year max

After first opportunity to enroll(e.g. post-HS graduation)

2for1, no max*

Pre

sent

Pas

t1for1, 1year max Permanently ineligible

* e.g.: exhausting remaining eligibility if total of pro games played ≈ 56 (56 X 2 = 112, approximate total of four reg. seasons of college basketball)

SAR Decision Making Philosophies and Withholding Conditions Structure

Philosophy Intent to Professionalize

Intent Revised

Reasonable Person

Less Restrictive

Year Through 2000 2001 2002-2005 2006-

Prior to First Opportunity to Enroll

1 for 1 withholding

20% withholding8 games max

1 for 1 withholding1 season max

1 for 1 withholding1 season max

After First Opportunity to Enroll

1 for 1 withholding

20% withholding8 games max

INELIGIBLE 2 for 1 withholdingNo max

National Club

NFs - NGBsNational teams

CFsContinental (e.g. European) Championships

ISFsWorld Championships & Olympics

Regional Assoc.

Senior Clubs

Jr. Clubs, Rec, & School

Regional select teams

Jr. Clubs, Rec, & School

Senior Clubs

Regional Assoc.

NFs & NGBs

CFs

ISFs

Junior Clubs (U12, U14, U16, U18) High School and College competitions

Top (pro) competition (Super Leagues, A1, A2)Lower levels (amateur or pro-am; Divisions II, III, IV, V, etc.) + Promotion and relegation

Professional Clubs Associations (EPL, ESAKE)

Professional Leagues Associations (ULEB, G14)

FIFA/UEFA, FIBA/FIBA EuropeFIFA/UEFA, FIBA/FIBA Europe

Champions League, Euroleague

Promotion to

First team

Summary of key findings from Summary of key findings from international sport governance structureinternational sport governance structure

Top club level competition in MW BB = proTop club level competition in MW BB = pro Junior clubs may compensate IPSAsJunior clubs may compensate IPSAs IPSAs may be promoted to senior pro clubsIPSAs may be promoted to senior pro clubs IPSAs may be urged to participate in pro clubsIPSAs may be urged to participate in pro clubs IPSAs may participate in pro competition w/o IPSAs may participate in pro competition w/o

compensation or contractscompensation or contracts IPSAs level of NCAA DI Amateurism IPSAs level of NCAA DI Amateurism

knowledge is lowknowledge is low Certain federation administrators’ and Certain federation administrators’ and

coaches’ level of NCAA DI Amateurism coaches’ level of NCAA DI Amateurism knowledge is high – Insurance practices to knowledge is high – Insurance practices to prevent athletes from fleeing to the USprevent athletes from fleeing to the US

Summary of key findings from Summary of key findings from international sport governance structureinternational sport governance structure

Sports Academies’ IPSAs = amateursSports Academies’ IPSAs = amateurs First opportunity to enroll varies – First opportunity to enroll varies –

Dependant upon graduation age or Dependant upon graduation age or mandatory military dutymandatory military duty

Difficult for MIs – NCAA staff – ICs to verify Difficult for MIs – NCAA staff – ICs to verify records and document amateurism violations records and document amateurism violations

Some IPSAs are sponsored by corporate Some IPSAs are sponsored by corporate partners of their federations – Creation of US partners of their federations – Creation of US pro sports leagues’ farm system pro sports leagues’ farm system

MM>W BB per amateurism violations>W BB per amateurism violations

Notable areas of controversyInstitutional contribution – Truth & DareWhistle-blowing – Random distribution Balance Institutional control – SA welfare – Competitive Equity principles Decision-making consistency & flexibilityTreatment and sanctions pre and post-1st opportunity to enroll (e.g. new “2 for 1” withholding condition policy, w/o max. limit)Staff experience & handling of casesLegal ramifications and policy extensions?

Constitutional issuesConstitutional issues

Case LawCase Law

NCAA v. Lasege and NCAA v. Lasege and University of University of LouisvilleLouisville, 53 S.W.3d , 53 S.W.3d 77 (S. Ct. Ky. 2001)77 (S. Ct. Ky. 2001)

NCAA v. Yeo, NCAA v. Yeo, 171 S.W.3d 863, 171 S.W.3d 863, 48 Tex. Sup. J. 1016 (Tex. 2005)48 Tex. Sup. J. 1016 (Tex. 2005)

Most recent caseMost recent case Demonstrating trend in Demonstrating trend in

(lower) courts (lower) courts decisions (challenging decisions (challenging Associations’ dominant Associations’ dominant positions)positions)

Amateurism-EligibilityAmateurism-EligibilityDue Process-Property Due Process-Property Interest confirmedInterest confirmed

NCAA InterventionNCAA Intervention State S. Ct. reversed – State S. Ct. reversed –

No right to participate No right to participate = Privilege = Privilege

What about interscholastic sports?What about interscholastic sports?

High SchoolsDifficult to participate in HS sport but forUS State Dept. and CSIET accredited Exchange ProgramsDirect placements are problematic (think Ed-Ville, Bloomington) HSAAs rules’ challenges

Prep SchoolsAuthorized to issue SEVIS docs for visasAthletic recruiting & financial aid rationaleCompromising educational standards (see video)Accreditation problems NCAA monitoring

What do we learn? What do we learn? Litigation is not the answerPolicy evolution worksBalancing NCAA constitutional principles – Certain way to fail = Trying to please everyone all the timeIt is difficult to interpret and apply Amateurism in 21st Century competitive and commercialized sportIf you want to change the system, you need to work from within, through membership, legislative proposals, policy analysis and meaningful research yielding feasible recommendations Lobbying via approaching & appreciating both sides – Mid-majors have made a difference re: policy draftingTurnover in NCAA and institutional staff is a problem

Why care? Two Greek centsWhy care? Two Greek centsJobs

Frequency of investigations and needs in Compliance create Athletic Dept. openingsPolicy evolution = NCAA staff positions’ creationLack of knowledge and applicable research skills (IU, SIUE courses service) Law firms and Compliance consulting groups in need of specific tool sets – Knowledge costs ≈ $500/hrOther avenues (scouting, recruiting consulting, academic services, transition & procedure care)

Times of extremes – Call for balanceServe NCAA and US Constitutional principles

Case in pointCase in pointZoe: 17, Sr. in HS (GR)Played 3 years in A1 (pro) competition in Greece alongside and against WNBA playersNo contract, agent, or impermissible benefitsUConn Compliance?

Thoughtfully deal with this case, as if you were in charge of institutional compliance and recruiting strategies

© 2008 Kaburakis