ATTACHMENT C
SUPPLEMENT NO. 15
Benefits Resulting
from an Established Relationship (III)
Date Issued: January 29, 2001
Type: Official
Item Ref: 2
Interpretation:
The
committee reviewed the application of NCAA Bylaw 12.1.1.1.6 as it relates to
factual situations in which an individual (student-athlete or prospective
student-athlete) has received benefits prior to or during collegiate enrollment
from someone other than a family member or legal guardian, and agreed that the
following objective guidelines generally should be used in determining whether
such benefits are contrary to the legislation:
1. Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefit(s) develop as a result of the athlete's participation in athletics or notoriety related thereto?
2. Did
the relationship between the athlete (or the athlete's parents) and the
individual providing the benefit(s) predate the athlete's status as a
prospective student-athlete?
3. Did
the relationship between the athlete (or the athlete's parents) and the
individual providing the benefit(s) predate the athlete's status achieved as a
result of his or her athletics ability or reputation?
4. Was
the pattern of benefits provided by the individual to the athlete (or the
athlete's parents) prior to the athlete attaining notoriety as a skilled
athlete similar in nature to those provided after attaining such stature?
The
committee, however, noted that the origin and duration of a relationship and
the consistency of benefits provided during the relationship are key factors in
determining whether or not the benefits provided are contrary to the spirit and
intent of Bylaw 12.1.1.1.6.
The committee determined that prior to
initial full-time collegiate enrollment, a prospective student-athlete may
receive normal and reasonable living expenses from an individual with whom the
student-athlete has an established relationship (e.g., high-school coach,
nonscholastic athletics team coach, family of a teammate), even if the
relationship developed as a result of athletics participation, provided:
1. The individual is not an agent;
2. The individual is not an athletics representative of a particular institution involved in recruiting the prospect; and
3. Such living expenses are consistent
with the types of expenses provided by the individual as a part of normal
living arrangements (e.g., housing, meals, occasional spending money, use of
the family car).
The
committee noted that the aforementioned interpretation does not apply to
individuals who have no logical ties to the prospect. It also noted that a
current student-athlete who, prior to initial collegiate enrollment, has been
receiving normal and reasonable living expenses from an individual with whom he
or she has an established relationship may continue to receive occasional
benefits (e.g., meals during campus visits, reasonable entertainment) from an
individual or family with whom the student-athlete has an established
relationship. Such expenses may not include educational expenses associated
with a grant-in-aid (i.e., tuition and fees, room and board, and required
course-related books). [Reference: Bylaw 12.1.1.1.6 (preferential treatment,
benefits or services)]
Intent: To specify situations in which, prior to initial full-time collegiate enrollment, a prospective student-athlete may receive normal and reasonable living expenses from an individual with whom he or she has an established relationship.
Bylaws: Amend 12.1.1.1.6 by adding new 12.1.1.1.6.1, page 53, as follows:
[Division III]
“12.1.1.1.6 Preferential Treatment, Benefits or Services. Preferential treatment, benefits or services because of the individual’s athletics reputation or skill or pay-back potential as a professional athlete, unless such treatment, benefits or services are specifically permitted under NCAA legislation.
12.1.1.1.6.1.
Exception. Prior to initial
full-time collegiate enrollment, a prospective student-athlete may receive
normal and reasonable living expenses from an individual with whom he or she
has an established relationship (e.g., high-school coach, nonscholastic
athletics team coach, family of a teammate), even if the relationship developed
as a result of athletics participation, provided:
(a) The individual is not an agent;
(b) The individual is not an athletics representative of a
particular institution involved in recruiting the prospect; and
(c) Such living expenses are consistent with the types of
expenses provided by the individual as a part of normal living arrangements
(e.g., housing, meals, occasional spending money, use of the family car).
[12.1.1.1.7 unchanged.]
Source: NCAA Division III Interpretations and Legislation Committee.
Effective Date: Immediately.
The National Collegiate Athletic Association
September 27, 2002 MUE:lmh