NCAA Division I Autonomy Legislative Proposals Question and Answer Document. (Updated: December 17, 2015)

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1 (Updated: December 17, 2015) NCAA Division I Proposal Autonomy Proposal -- NCAA Membership -- Conditions and Obligations of Membership -- Independent Medical Care How is "administrative structure" defined? In the context of this proposal, administrative structure is the organizational makeup and process through which the institutional medical line of authority operates. Within the administrative structure, the director of medical services directs and supervises student-athlete health care and well-being and collaborates with all primary athletics health care providers. Who may be designated as a director of medical services? An institution should designate a credentialed health care provider (e.g., head athletic trainer, physician) as the director of medical services. The proposal does not require that the individual have specific qualifications [e.g., doctor of medicine (MD), doctor of osteopathic medicine (DO)]. A director of medical services is not required to be an institutional employee. Must the independent medical care be provided separate from and independent of the institution? The phrase "independent medical care" refers to establishing an institutional medical line of authority independent of coaches and sport-specific staff members in an effort to afford sports medicine providers unchallengeable, autonomous authority to determine medical management and return-to-play decisions of student-athletes without outside influence. Proposal Autonomy Proposal -- Athletics Personnel -- Student Assistant Coach Question: Does this proposal impact the graduate assistant coach legislation in bowl subdivision football and women's rowing? This proposal does not change the graduate assistant coach legislation in bowl subdivision football (NCAA Bylaw ) and women's rowing (Bylaw ). If the proposal is adopted, those sports would be permitted to have student assistant coaches who may be graduate students

2 Page 2 within their five-year periods of eligibility in addition to graduate assistant coaches. Proposal Autonomy Proposal -- Amateurism -- Use of Agents -- Exception -- Baseball -- Prior to Initial Full-Time Collegiate Enrollment Question 4: Does the proposal apply to a prospective student-athlete who enters into an agreement with an agent before he is drafted by a professional baseball team? Does this proposal apply to two-year college student-athletes? Is the prospective student-athlete required to pay for services provided by the agent or the attorney if the agent or attorney typically only receives payment if the represented athlete signs a contract? Yes. The prospective student-athlete must pay for the services provided regardless of whether the agent or attorney may charge other athletes on a contingency basis. When must the prospective student-athlete pay for services provided by the agent or the attorney? The prospective student-athlete must pay for the services in accordance with standard billing and payment policies and procedures of the agency or firm from which services are provided. Proposal Autonomy Proposal -- Amateurism and Athletics Eligibility -- Self- Employment -- Promotion of a Nonathletically Related Business For purposes of this proposed legislation, how is "athletically related" defined? A business is considered to be "athletically related" if its products or services are generally tied to fitness, exercise or involvement in an NCAA-sponsored sport.

3 Page 3 The following list, while not exhaustive, provides a number of examples of business products or services that would be considered athletically related for purposes of this legislation: a. Sports and/or fitness equipment. b. Fitness or workout apparel. c. Sports video games/apps/websites. d. Fitness or exercise videos/apps/websites. e. Sports memorabilia (e.g., autograph sales). f. A book about the student-athlete's athletics career. Question 4: Question 5: What would constitute "ownership of a business" for purposes of the proposed legislation? In order to meet the proposed legislation, a student-athlete must own, at a minimum, greater than 50 percent of a business. May a representative of athletics interests or a department of athletics (or its staff members) use the services of a student-athlete's business or purchase products from a student-athlete's business? Yes, provided the booster or department of athletics (or staff member) purchases the services or products at the same rate and in the same manner as any potential customer would purchase such products or services. In addition, purchases of services or products must be for legitimate business purposes. May an agent use the services of a student-athlete's business or purchase products from a student-athlete's business? Yes. The same standards that apply to boosters and athletics departments would apply to agents. How does the proposed legislation apply to independent contractors, franchisees or sales representatives of previously established businesses? The legislation does not apply to a student-athlete who is employed in such capacities because the student-athlete does not own the business.

4 Page 4 Question 6: Question 7: Question 8: Question 9: May a student-athlete-owned business receive discounts or special arrangements from suppliers, subcontractors and other vendors? Applicable NCAA legislation (e.g., preferential treatment, extra benefits) applies in such situations just as it does in any situation in which a studentathlete may receive discounts or special arrangements. A student-athlete may only receive such benefits if it is demonstrated that the benefits are generally available to others in similar circumstances. Does the proposed legislation impact the current fee-for-lesson instruction legislation (Bylaw )? A student-athlete who engages in fee-for-lesson instruction will not be permitted to use his or her name, image or appearance to promote or advertise the availability of the fee-for-lesson sessions because the activity is athletically related. May a student-athlete's institution be involved in the promotion of the student-athlete's business? Does this proposal apply to situations in which a student-athlete writes a nonathletically related book or is a musical performer (e.g., singer)? Yes. Proposal Autonomy Proposal -- Recruiting -- Offers and Inducements -- Institutional Pre-Enrollment Fees What types of fees are considered to be pre-enrollment fees? A pre-enrollment fee is any fee that is required of a prospective or incoming student by the institution. In addition to the fees listed in the proposal, an admissions application fee and a housing application fee are additional examples. Must a pre-enrollment fee be required of all prospective students at the institution in order for it to be paid for a prospective student-athlete?

5 Page 5 Question 4: Question 5: If a prospective student-athlete receives pre-enrollment expenses, does he or she become a student-athlete? Receipt of pre-enrollment expenses does not cause a prospective student-athlete to become a student-athlete. May the institution cover a fee that is part of an element of financial aid (e.g., advance tuition payment, advance room and board payment)? Yes; however, such a payment will be considered financial aid and the recipient will become a counter. May an institution guarantee payment for required pre-enrollment fees before the prospective student-athlete signs a National Letter of Intent or the institution's written offer of admission and/or financial aid or before the institution has received a financial deposit in response to its offer of admission? Yes; however, payment or reimbursement of required pre-enrollment fees may not occur until after a prospective student-athlete has signed a National Letter of Intent or the institution's written offer of admission and/or financial aid or after the institution has received a financial deposit in response to its offer of admission. Before August 1 of a prospective student-athlete's senior year, an institution shall not indicate in writing that it will cover a fee that is part of an element of financial aid (e.g., advance tuition payment, advance room and board payment). Proposal Autonomy Proposal -- Financial Aid -- Terms and Conditions -- One- Year Period -- Nonrecruited Student-Athlete Exception Question: May the institution use this exception to provide athletics aid to a studentathlete on more than one occasion? Yes. Proposal Autonomy Proposal -- Financial Aid -- Terms and Conditions -- Release of Obligation to Provide Athletics Aid -- Multiyear Agreements May the institution award the relinquished aid to a current student-athlete or incoming student-athlete?

6 Page 6 Yes. The relinquished aid may be provided to either a current or an incoming student-athlete. Does the student-athlete's voluntary relinquishment of athletics aid apply to the entire multiyear aid agreement? The application of the legislation applies on a year-by-year basis. A student-athlete may voluntarily release the institution of its obligation to provide athletics aid only for the specific academic year or years in which the institutional financial aid unrelated to athletics is equal to or greater than the value of the signed award of athletically related financial aid. All remaining terms and conditions of the multiyear aid agreement continue to apply. Proposal Autonomy Proposal -- Awards, Benefits and Expenses -- Complimentary Admissions and Ticket Benefits -- Student-Athlete Postseason Ticket Purchases Must a student-athlete be eligible to participate in the event in order to have access to purchase tickets? The student-athlete is only required to be a member of the team or be scheduled to participate as an individual. What is considered a postseason event for purposes of this proposal? The legislation applies to any event (e.g., conference championships, NCAA and non-ncaa championships) in which an institution's team (or an individual) may participate pursuant to applicable playing and practice season regulations. May a student-athlete sell his or her tickets at a price above face value? Bylaw (sale above face value) prohibits a student-athlete from selling tickets at a price greater than their face value. Proposal Autonomy Proposal -- Playing and Practice Seasons -- Required Day Off -- Playing Season -- Travel Day Not Considered a Day Off If an institution's team arrives back to campus at any time after midnight (e.g., 12:01 a.m.), is the day of arrival considered a travel day?

7 Page 7 Yes. The legislation specifies that any calendar day on which travel associated with any countable athletically related activity occurs, regardless of the distance or duration of travel, is a travel day. Such a day may not be considered as a day off. If an institution's team arrives back to campus at any time after midnight (e.g., 12:01 a.m.), may the team practice at 4 p.m. on the same day? Yes. The legislation only precludes an institution from using a travel day as a day off. Proposal Autonomy Proposal -- Playing and Practice Seasons -- Three-Week Discretionary Period After Championship Segment Question 4: How does this proposal apply to individual sports? In individual sports, the proposal applies to each student-athlete individually. For example, a student-athlete who will not participate in postseason competition may begin the three-week discretionary period immediately following his or her last regular-season practice or competition, whichever is later. Does the proposed legislation apply at the conclusion of a team's (or individual's) season or at the conclusion of the NCAA championship? The proposed legislation applies at the conclusion of a team's (or individual's) championship segment, including any postseason participation. Does the legislation apply to the nonchampionship segment of the playing and practice season? How does the proposed legislation apply to a multisport participant (e.g., cross country and track and field student-athlete)? The legislation applies to each sport separately. In the case of a crosscountry and track and field student-athlete, he or she would not be permitted to participate in countable activities in cross country for three weeks at the end of the championship segment; however, he or she could

8 Page 8 immediately begin to participate in countable activities in track and field (during the discretionary period for cross-country). Question 5: Question 6: Question 7: Question 8: Is a student-athlete permitted to engage in voluntary athletically related activities during the three-week discretionary period (Bylaw )? Yes. Student-athletes may engage in voluntary athletically related activities, including weight training and conditioning workouts conducted in the presence of a strength and conditioning coach (for safety purposes). Additionally, student-athletes may still participate in voluntary workouts in the presence of institutional coaching staff members in those sports in which the safety exception applies. How does the proposal apply to the requirement to provide student-athlete discretionary time between January 1 and the start of the preseason practice period in bowl subdivision football (Bylaw )? The legislation applies concurrently with the football requirements. For example, if a football team plays a postseason bowl on December 31, 2016, and the start of the institution's spring semester is January 9, 2017, the institution would be able to count the week of January 9-16 as one discretionary week for purposes of both the proposed legislation and Bylaw How does the proposal apply to institutional vacation periods? Institutional vacation periods may be counted toward the three-week discretionary period. For example, if an institution's championship segment ends the day before the institution's spring break, the vacation period counts toward the three-week period. As an additional example, if an institution's spring quarter ends on June 21 of an academic year and the institution's baseball team's season concludes on June 7, countable athletically related activities may not occur for the 14 remaining days in the academic year. Required countable athletically related activity is already prohibited during institutional vacation periods while a sport is out of season. May postseason meetings with student-athletes occur during the threeweek discretionary period? Yes, provided such meetings do not include countable athletically related activities.

9 Page 9 Question 9: May practice for a foreign tour occur during the three-week discretionary period? Yes, provided such practice does not occur outside the playing season one week prior to the beginning of the institution's final examination period for the applicable regular academic term through the conclusion of the final examination period [Bylaw (Practice Limitation)]. Proposal Autonomy Proposal -- Playing and Practice Seasons -- Prohibition on Countable Athletically Related Activities -- Eight-Hour Period Between 9 p.m. and 6 a.m. Question: How does the continuous eight-hour prohibition on countable athletically related activities apply within the nine-hour overnight window (9 p.m. 6 a.m.)? An institution may not require a student-athlete to engage in countable athletically related activities during a continuous eight-hour period within the nine-hour window. The following examples demonstrate how the legislation applies: a. If a women's rowing team schedules a 5:30 a.m. workout, the team must cease all countable athletically related activities by 9:30 p.m. the evening before the morning workout. b. If a men's swimming and diving team has a 5 a.m. workout scheduled, the team must cease all countable athletically related activities by 9 p.m. the evening before the morning workout. c. If a women's cross country team has a 6 a.m. workout scheduled, the team must cease all countable athletically related activities by 10 p.m. the evening before the morning workout. intra.ncaa.org/sites/ama/legislationteam/dilegislation/qandadocuments/ / diautonomyqanda_121715_lz_kh