REPORT OF THE
NCAA DIVISION III
AMATEURISM TASK FORCE
1. ACTION ITEMS.
a. Definition of a
Professional Team.
(1) Recommendation. Sponsor legislation to amend the
definition of a professional team to indicate that a professional team is any
organized team that:
(a) Provides
any of its players with more than actual and necessary expenses for
participation on the team, except as otherwise permitted by NCAA legislation. Actual and necessary expenses should be
limited to the following, provided the value of these items is commensurate
with the fair-market value in the locality of the player and is not excessive
in nature:
(i) Meals
directly tied to competition;
(ii) Lodging
directly tied to competition;
(iii) Apparel,
equipment and/or supplies;
(iv) Coaching
and/or instruction;
(v) Health/Medical
insurance;
(vi) Transportation
(i.e., expenses to and from practice and competition, cost of transportation
from home to training/practice site to home at the end of season);
(vii) Medical
treatment and/or physical therapy;
(viii) Facility
usage; and
(ix) Entry
fees.
(b) Declares itself to be professional.
(2) Rationale. The task force believes that this
definition will provide needed simplification and clarification for the
Division III membership. Further,
this definition is parallel to the newly adopted seasons-of-competition rule in
that the trigger for professional competition and competition that results in
the application of the seasons-of-competition rule is the acceptance of
expenses above those actual and necessary. The task force believes that the current definition of a
professional team is confusing and lacks common sense inasmuch as it uses the
word professional seven times.
Finally, in our global environment, it is increasingly difficult to
understand how international teams operate in the context of the current
definition of a professional team, since many countries and leagues define
“professional” differently. To
focus on whether the team pays its players above actual and necessary expenses
or whether it calls itself professional will likely bring greater consistency
in the application of NCAA rules to domestic and international
student-athletes.
(3) Budget Impact. None.
b. Expenses from a Professional
Team (NCAA Bylaw 12.1.1 – Amateur Status).
(1) Recommendation. Approve an intent-based modification to
amend Bylaw 12.1.1 to allow prospective student-athletes to accept actual and
necessary expenses tied directly to competition associated with their
competition on a professional team.
(2) Rationale. The task force notes that the
seasons-of-competition rule indicates that the trigger for applying the rule is
the acceptance of greater than actual and necessary expenses. Further, the task force notes that
inasmuch as competition at the professional level is now permissible, it does
not make sense to prohibit individuals from accepting the expenses directly
tied to that competition. When the
task force removed the salary component and amended the definition of organized
competition, it failed to also include the actual and necessary language within
Bylaw 12 (Amateurism) that was included in Bylaw 14.2.4.3.2 (Definition of
Organized Competition). The intent
of the adopted legislation was to allow the acceptance of actual and necessary
expenses as noted by the language included in Bylaw 14.2.4.3.2.
(3)
Budget Impact. None.
c. Ice
Hockey.
(1)
Recommendation. Approve an intent-based modification to
amend Bylaw 12.2.3.2.4 (Competition with Professionals – Major Junior A Ice
Hockey), to reflect that participation on a major junior A ice hockey team,
regardless if the competition occurs while the prospect is still in high
school, will result in triggering the newly adopted seasons-of-competition
rule.
(2)
Rationale. The task force notes that the intent of
the adopted changes was to maintain the status quo in the sport of ice
hockey. In that regard, the task
force notes that Bylaw 12.2.3.2.4 was a restriction that the ice hockey
community placed on major junior A ice hockey. Although the adopted changes technically made the
legislation moot, that was not the intent of the task force. Finally, the task force wishes to refer
this issue to the Ice Hockey Sport Committee to determine if the ice hockey
community wishes to retain the prohibition against major junior A hockey over
the long term.
(3)
Budget Impact. None.
c. Official
Interpretations.
Recommendation. Forward the following recommended interpretations to the
Interpretations and Legislation Committee to issue official interpretations,
based on the intent of the newly adopted amateurism legislative changes:
(1) Fulfillment of an
Academic Year in Residence. The task force recommends that to
fulfill an academic year in residence, in accordance with the
seasons-of-competition rule, Bylaw 14.5.1.2 (Determination of Year in Residence) must be met, and the
student-athlete must not engage in intercollegiate competition. The year in residence may be fulfilled
at any collegiate institution.
(2) Repeat Year in High
School. The task force
recommends that if a student- athlete legitimately has to repeat a year in high
school, the expected date of high-school graduation will be extended. The intent is that a student-athlete
who is repeating a year in high school will not trigger the rule while still enrolled
full-time in high school.
(3) Definition of Actual
and Necessary Expenses. The task force recommends
that for purposes of the seasons-of-competition rule, actual and necessary
expenses be defined as the following (please note that this definition will
parallel the recommended changes to the definition of a professional team):
(a) Meals
directly tied to competition;
(b) Lodging
directly tied to competition;
(c) Apparel,
equipment and/or supplies;
(d) Coaching
and/or instruction;
(e) Health/Medical
insurance;
(f) Transportation
(i.e., expenses to and from practice and competition, cost of transportation from home to
training/practice site to home at the end of season);
(g) Medical
treatment and/or physical therapy;
(h) Facility
usage; and
(i) Entry
fees.
(4) Termination
of Contract. The task
force recommends that if a student-athlete signs a contract prior to
enrollment, all relationships with the professional team and all terms of the
contract must be severed prior to initial full-time enrollment. The intent is to clarify that a
student-athlete cannot remain under contract with a professional team while
enrolled at a Division III institution and be eligible in that sport.
(5) Year
in Residence Sport Specific.
The task force recommends that the academic year in residence
related to the organized-competition rule be sport
specific. Therefore, if a
student-athlete triggers the rule in soccer, he or she is only required to
fulfill the academic year to achieve eligibility in the sport of soccer.
d. Recommendations
Penalties.
(1) Recommendation. Forward to the Student-Athlete
Reinstatement Committee the recommendation that the committee continue to
impose the same penalties for student-athletes who are not able to take
advantage of the newly adopted legislation based on the effective date.
(2) Rationale. The task force noted that this will create equitable
treatment among student-athletes who engaged in similar activities during the
same time and are enrolled in school during the same year. The task force believes this is the
most equitable way to implement the new changes.
2. INFORMATIONAL
ITEM
Educational
Efforts. The staff will present a session
at each regional seminar this spring, specific to the newly adopted legislative
changes. Further, the staff is in
the process of producing a guide for coaches to serve as a quick reference on
how to apply the legislation during the recruiting process.
The National Collegiate Athletic Association
March 25, 2002
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