September 2014 Newsletter

Scarlet & Gray Matters
Compliance Newsletter | September 2014
Topics of the Month
Athletics Personnel
• Like the volunteer coach, an undergraduate student assistant coach cannot
evaluate or contact prospects off-campus, scout opponents off-campus, and
may not perform any recruiting coordinator functions.
Described below are other positions that can be designated:
Football Specific Restrictions
• There is a limit of one head coach, nine assistant coaches, and four graduate
assistant coaches in football. The only other coaches permitted to participate
in the coaching of the team in any manner are a weight/strength coach or an
undergraduate coach.
• There is a maximum of seven coaches who can contact or evaluate a
prospect off-campus at any one time. These coaches must be either the head
coach or an assistant counted within the institutional limits.
• Not more than five weight or strength coaches are permitted to work with a
football program in any capacity, including all workouts (required and
voluntary), practices and game-related activities.
Pursuant to NCAA Bylaw 11.7.1.1, a countable coach is one who participates
in any manner in the coaching of the intercollegiate team in practice, games, or
organized activities directly related to that sport. Any individual who performs
coaching activities must be designated as a head coach, assistant coach,
volunteer coach, graduate assistant coach, or undergraduate student-assistant
coach by certification of the institution. Before a coaching staff member can
commence any coaching responsibilities, he or she must complete and submit
the appropriate Staff Agreement Form with the Compliance Office. Furthermore,
each program is required to submit their Coaching Staff Declaration Form prior to
the start of the academic year.
Strength Coaches
• In sports other than football, a weight (strength and conditioning) coach may be employed without counting against coaching limitations.
• Strength and conditioning coaches may conduct flexibility, warm-up and physical conditioning activities prior to any game and prior to or during any practice or other organized activities.
Volunteer Coaches
• Volunteer coaches may not be compensated by the institution, the institution’s athletic department, or a booster club that supports the
institution.
• Volunteer coach is prohibited from contact or evaluating prospective student-
athletes off-campus and may not perform recruiting coordination functions.
• In sports other than football, basketball, and women’s rowing, it is permissible for an institution to utilize one volunteer coach. Track & field, cross country, and combined programs with separate men’s and women’s championships also have different limits.
Student Managers
• A manager is a full-time undergraduate or graduate student who performs
traditional managerial duties (e.g., equipment, water, laundry, etc.).
• Managers may participate in limited on-court or on-field activities during
practice or competition with student-athletes (e.g., assist with warm ups,
throw batting practice, etc.); however they may not provide any instruction to
the student-athletes.
Undergraduate Student Assistant
• A student-athlete who has exhausted his/her eligibility in their sport (or has become injured to the point that he is unable to participate or compete again)
may be employed as an undergraduate student-assistant coach.
• The undergraduate student assistant coach must be enrolled as a full time
undergraduate student in his first baccalaureate degree program at OSU and
may not receive compensation outside of their exhausted eligibility
athletics aid.
Recruitment
Calendar
Baseball
Women’s Basketball
September 1 – 11: Quiet Period
September 12 – 30: Contact Period
September 1 – 8: Quiet Period
September 9 – 29: Contact Period *
September 30: Evaluation Period
* September 26 – 28: Evaluations permitted
at nonscholastic women’s basketball
events.
Football
September 1 – 30: Quiet Period *
* Evaluation period: Not exceeding a period
of 42 evaluation days during the months of
September, October and November selected
at the discretion of the institution and
designated in writing in the office of the
director of athletics; authorized off-campus
recruiters shall not visit a prospective
student-athlete’s educational institution
on more than one calendar day during this
period. All other dates shall be considered
a quiet period.
Men’s Basketball
September 1 – 8: Quiet Period
September 9 – 30: Recruiting Period
Note: All live evaluations during the
academic year shall be limited regularly
scheduled high school, preparatory school
and two-year college contests/tournaments,
practices and regular scholastic activities
involving student-athletes enrolled only at
that institution where the regular scholastic
activities occur.
Men’s Lacrosse
September 1 – 30: Contact Period/No
lacrosse evaluations
Softball
September 1 – 30: Contact Period *
* Each institution is limited to 50 evaluation
days (August 1 through July 31), per Bylaw
13.02.7.2, which do not include employment
of coaches in instructional camps/clinics or
the observation of prospects participating in
high school softball competition. In those
states that play high school softball season
in the fall, evaluations shall be permissible
during those seasons, except during dead
periods.
All Other Sports
September 1 – 30: Contact Period
Hot Topics
Interps of Interest
Brief Summary:
Ed O’Bannon was a former UCLA basketball student-athlete who filed a
lawsuit against the NCAA and the Collegiate Licensing Company. In the
suit, O’Bannon accused the NCAA of violating the Sherman Antitrust Act
and of actions that deprived him of his right of publicity. Filing on behalf of
the NCAA’s DI football and men’s basketball players, O’Bannon challenged
the NCAA’s use of the images of its former student-athletes for commercial
purposes.
Permissible Recruiting Materials and PSA Correspondence
Beginning August 1, 2014, changes to NCAA Bylaw 13.4.1 will provide
institutions with more flexibility in providing recruiting materials to a
prospective student-athlete (or his or her parents or legal guardian).
O’Bannon v. NCAA
O’Bannon’s Position:
Upon graduation, a former student-athlete should become entitled to
financial compensation for the NCAA’s commercial use of his or her image.
NCAA’s Position:
Paying NCAA student-athletes would be a violation of amateurism status in
intercollegiate athletics.
Ruling:
On August 8, 2014, District Judge Claudia Wilken found for O’Bannon
and determined that several NCAA rules violate federal antitrust law. An
injunction was issued blocking those rules, with two major components:
1) The NCAA cannot set a payment cap below cost of attendance; and (2)
payments are capped at $5,000 per year above cost of attendance and are
to be held in a trust fund until the student-athlete has completed his or her
athletic eligibility. However, Judge Wilken did reject the idea that studentathletes be permitted to make paid endorsements.
Where We Are Now:
• District Judge Wilken stated that the injunction will not take effect
until August 1, 2015 (i.e. the start of the next FBS and Division I
basketball recruiting cycles).
• The NCAA announced its decision to appeal Court’s decision on August
10, 2014, and filed a notice of appeal on Thursday, August 21, 2014.
• The injunction does not allow athletes to receive money for
endorsements, citing efforts by the NCAA and its schools to protect
against “commercial exploitation.”
• The injunction does not prevent the NCAA from creating rules that
prohibit student-athletes from selling their name, image, and likeness
rights individually.
• In light of the Division I Board of Directors’ passing a new govåernance
model allowing schools to better support student-athletes, including
covering the full cost of attendance, the NCAA has begun to address
the cost-of-attendance part of Wilken’s injunction.
Changes to Bylaw 13.4.1
General Correspondence (Mailers)
Prior to August 1, 2014, the first page of general correspondences mailed to
individuals were free of content restrictions, however all additional pages
and attachments were subject to several restrictions (e.g. only in black &
white, no personalization). Furthermore, the envelope was only permitted to
contain the institution’s name and logo or athletics logo and be blank on the
inside. All pages could not exceed 8 ½ x 11 inches and the envelope could
not exceed 9 x 12 inches.
Beginning August 1, 2014, general correspondences mailed to individuals
are free of content restrictions on any pages (e.g. all may be in color, may
personalize). Now, the only restrictions are that they cannot be bound and
may not exceed 8 ½ x 11 inches. Similarly, there are no content restrictions
on the envelope, except that it may not exceed 9 x 12 inches (e.g. may be in
color, include pictures, logos, etc.).
Electronic Correspondence (Email/Text)
Prior to August 1, 2014, when sending electronic correspondence,
color attachments could not be created for a recruiting purpose (e.g. no
personalization). In addition, attachments could not contain animation, cost
money, or have audio or video clips other than permissible video or audio.
Beginning August 1, 2014, electronic correspondences transmitted to
individuals are free of content restrictions (e.g. may Photoshop pictures, may
personalize).
Video Correspondence
Prior to August 1, 2014, video communication could only be sent via an
email attachment or hyperlink. In addition, video could not be created for a
recruiting purpose or personalized.
Beginning August 1, 2014, video communication may be sent via
permissible electronic correspondence (i.e. email, text, instant-messaging,
etc.). However, video still may not be created for a recruiting purpose or
personalized.
As always, please contact the compliance office if you have any questions or
materials that need to be approved!
Compliance Spotlight
The Athletic Compliance Office would like to thank Men’s Soccer Assistant
Coach, Ian Gordona, for his commitment to compliance. Even though Coach
Gordona is a recent addition to the men’s soccer team, he has done a great
job at hitting the ground running with his compliance responsibilities and
has asked thoughtful questions of the Athletic Compliance Office.
Thank you, Coach Gordona!
Did you know? Block “O”, founded in 1938, is the largest student organization at Ohio State with about 2,500 members.
Thanks for asking!
E: compliance@ buckeyes.ath.ohio-state.edu | P: 614-292-2681 |
Doug Archie
Brad Bertani
Jason Singleton
Danie Daluisio
Ashley Hedges
Paia LaPalombara
@OSUCompliance
Carly Rusnov
Phil Grayson
Matt Bartlebaugh Adam Tate
Kyle Snoke