Meals Incidental to Participation

At the October 2006 NCAA Division I Management Council meeting, the Management Council requested that the issues surrounding the application of the meals incidental to participation be resolved. The expectation of the Management Council is that the solution developed addresses the nutritional needs of student-athletes on the day of competition. They also ask that the solution be developed as expeditiously as possible so that institutions may begin the consistent application of the meals incidental to participation legislation immediately.

Legislative Summary

The original meals incidental to participation legislation led to several interpretative issues and restrictive methodology to providing student-athletes appropriate meals. In April 2002, NCAA Proposal No. 2001-110 (as amended by Proposal No. 2001-110-1), developed by the NCAA Division I Championships/Competition Cabinet Bylaw 16 Deregulation Subcommittee, attempted to clarify the application of the meals incidental to participation legislation by specifying that student-athletes may receive a pre- or postgame meal on the day of the contest, regardless of whether they receive three other meals on that same day. The proposal also eliminated references to a pre- or postgame “snack” and established $10 as the maximum cash allowance that could be provided to student-athletes in lieu of a postgame meal following home and away-from-home contests.

The current rule was adopted in April 2004 and permits an institution to provide, at its discretion, meals incidental to participation in conjunction with home athletics contests. It was meant to ensure that all student-athletes receive meals of sufficient nutritional value surrounding competition and deregulated and simplified the monitoring of scholarship and nonscholarship student-athletes receiving competition-related meals. All student-athletes may receive meals at the institution’s discretion from the time they report on call (at the direction of their coach or comparable authority) and become involved in competition-related activities to the end of competition and the release by the appropriate institutional authority. The original proposal did not alter an institution’s ability to provide up to $10 in lieu of a meal to student-athletes following home and away-from-home contests.

Most recently, a September 27, 2006, official interpretation determined that except for $10 in lieu of a meal following the competition, it is not permissible for institutions to provide cash to student-athletes in lieu of discretionary meals in conjunction with a home athletics contest. Additionally, the official interpretation determined that following a home competition, regardless of the timing in which the student-athletes are released by the appropriate institutional authority, an institution may provide only one meal or $10 in lieu of that meal.

Following the release of the September 27, 2006, official interpretation, several institutions expressed concerns about the impact of the interpretation on student-athlete well-being. Those institutions believe that student-athletes should be permitted to receive both a postgame meal and a $10 cash allowance following the completion of an athletics contest. They view such a scenario as a reasonable approach that adequately considers the differences in sports, variances in facilities and ease of administration without providing an excessive benefit to student-athletes. It is believed that there is widespread confusion in the membership – confusion resulting from the recent changes to the meals incidental to participation legislation.

Considered Models

The subcommittees considered two models for modifying the meals incidental to participation legislation. Both models attempted to address student-athletes’ nutritional needs on the date of competition. One model would allow institutions to provide student-athletes up to three meals per day on the date of competition, provided the student-athletes miss the meals due to participation in competition-related activities. In addition, this model would permit all student-athletes to receive a pregame or postgame meal as a benefit incidental to participation. Although the subcommittees agreed this model would standardize the application of the legislation for home and away-from-home contests, the model would result in increased monitoring for home game meals and the allowable meals may not adequately address the nutritional needs of all student-athletes or recognize the differences in nutritional needs between sports.

The other model considered by the subcommittees would allow institutions to provide student-athletes meals at home and away games at their discretion beginning with the evening before competition and continuing to the end of competition and release by the appropriate institutional authority. The subcommittees agreed this model would provide institutions with flexibility to address student-athletes’ nutritional needs, would simplify monitoring of meals for home and away-from-home contests, would standardize the application of the legislation for home and away-from-home contests and would support the spirit of deregulation. The subcommittees recognized this model could be costly for institutions to implement. Additionally, the subcommittees noted the logistical challenges associated with the providing meals, as opposed to cash, to student-athletes who are participating throughout much of the day and student-athletes participating at different times of the day. Despite these concerns, the subcommittees support this model. [Attachment]

Additional Considerations

In their support of the model, the subcommittees acknowledged that not allowing a cash option in lieu of the postgame meal may limit student-athletes’ ability to eat with family and friends following competition. To address that concern, the subcommittees offer two alternatives that would allow the postgame meal to be replaced with a cash amount. One alternative would permit institutions to replace the postgame meal with a dollar amount that would be the same for all institutions, in the same manner that the current legislation permits institutions to provide up to $10 in lieu of a meal to student-athletes following home and away-from-home contests. If this alternative is pursued, the subcommittees ask the Management Council consider the appropriate dollar amount. The second alternative would permit institutions to replace the postgame meal with a cash amount not to exceed the institution’s established dinner rate provided to staff.

Those institutions that do not have established dinner rates may provide student-athletes cash not to exceed one-third of its daily meal rate provided to staff in lieu of a postgame meal. Within the subcommittees, there is balanced support for these alternatives.

Finally, the subcommittees note that regardless of any legislative changes, the responsibility for ensuring that student-athletes’ nutritional needs are being met rests with the institution. Although the subcommittees received input from a nutritionist and student-athletes when developing the models and determining which model to support, NCAA institutions must take responsibility for ensuring that the nutritional needs of their student-athletes are met and they are accounting for student-athletes’ differing nutritional needs across sports.

Meals at Institution’s Discretion from the Evening before Competition to the End of Competition and

Release by Appropriate Institutional Authority

Intent: To allow institutions to provide student-athletes meals at home and away games at its discretion beginning with the evening before competition and continuing to the end of competition and release by the appropriate institutional authority.

A. Football

Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority	Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority 4 p.m. Report on call 8 p.m. Competition (H) Due to overtime, game ends at 12:30 a.m. Sunday Postgame meal - Yes 1:30 a.m. Team released
B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own 3 p.m. Depart for competition Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority	Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority 11 a.m. Competition (A) Postgame meal - Yes 4 p.m. Depart for campus 9 p.m. Team released

Meals at Institution’s Discretion from the Evening before Competition to the End of Competition and

Release by Appropriate Institutional Authority

Intent: To allow institutions to provide student-athletes meals at home and away games at its discretion beginning with the evening before competition and continuing to the end of competition and release by the appropriate institutional authority.

B. Track

Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own 12 p.m. Depart for competition L – meal or per diem Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority	Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority 9 a.m. Competition (A) Postgame meal - Yes
Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority 9 a.m. Competition (A) Postgame meal - Yes 4 p.m. Depart for campus 9 p.m. Team released	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own D – Training Table Snack – No	B – on own L – on own Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority	Meals at institution’s discretion from evening before competition to the end of competition and release by appropriate institutional authority 7 a.m. Report on call 9 a.m. Competition (H) Postgame meal - Yes 9 p.m. Team released

Pros and Cons of Supported Meals Incidental to Participation Model

Meals at Institution’s Discretion from the Evening before Competition to the End of Competition and Release by Appropriate Institutional Authority

Intent: To allow institutions to provide student-athletes meals at home and away games at its discretion beginning with the evening before competition and continuing to the end of competition and release by the appropriate institutional authority.

Pros:

1. Provides institutions with flexibility to address the nutritional needs of its student-athletes.

2. Simplifies monitoring of meals for home and away-from-home contests.

3. Standardizes legislation for home and away-from-home contests.

4. Supports the spirit of deregulation.

Cons:

1. Potentially costly for institutions to implement.

2. Availability of meals may become a recruiting issue.

3. Not allowing per diem to be provided in lieu of a postgame meal may limit a student-athlete’s ability to go to a meal with his or her family or friends following release by the coach.

Additional Consideration:

· To address concerns that not allowing a cash option in lieu of a postgame meal adversely impacts student-athletes’ ability to eat with family and friends following competition, as opposed to remaining with the team for a postgame meal, the supported model could be modified to allow an institution discretion to provide cash in lieu of a postgame meal.

o Options for providing cash in lieu of a postgame meal:

1. Intent: To allow institutions to provide student-athletes meals at home and away contests at its discretion beginning with the evening before competition and continuing through the calendar day of competition. An institution, at its discretion, may provide cash, not to exceed $10, in lieu of a postgame meal.

2. Intent: To allow institutions to provide student-athletes meals at home and away contests at its discretion beginning with the evening before competition and continuing through the calendar day of competition. An institution, at its discretion, may provide cash, not to exceed the institution’s established dinner rate, in lieu of a postgame meal. If an institution has not established a dinner rate, then it may provide cash, not to exceed one-third of its daily meal rate, in lieu of a postgame meal.