KNOW THE RULES. Institution s Coach Observing PSA s While Acting in Capacity for Local Sports Club

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1 Follow us on Saint Mary s College Coaches & Athletic Administration Newsletter December 2012 IMPORTANT DATES: December 4 Logs Due for 11/18-11/24 & 11/25-12/1 December 7 last day of Fall classes December Final Exams December 18 Logs Due for 12/2-12/8 & 12/9-12/15 KNOW THE RULES. Institution s Coach Observing PSA s While Acting in Capacity for Local Sports Club NCAA Division I institutions should note, pursuant to the local sports club legislation, in sports other than basketball, an institution's coach may be involved in any capacity (e.g., as a participant, administrator or in instructional or coaching activities) in the same sport for a local sports club or organization located in the institution's home community, provided all prospective student-athletes participating in said activities are legal residents of the area (within a 50-mile radius of the institution). This Month in Compliance: Local Sports Clubs Counting Contacts and Evals on the same Day Further, the local sports club legislation permits an institution's coach to perform legitimate duties that are consistent with his or her responsibilities with the local sports club, provided he or she is not engaged in any recruiting activities on behalf of the member institution in connection with those duties. The following information is intended to assist the membership with the application of legislation governing local sports clubs. Compliance in the News Holiday Reminders Winter Recruiting Calendar Did you know? Question #1: Is the institution charged with an evaluation any time the institution's coach observes prospective student-athletes participating in athletic activity while the coach is engaged in permissible activities with the local sports club? Answer: No. For example, the institution does not use an evaluation for any prospective student-athlete participating in competition against the local sports club team that the institution's coach is coaching. Further, any other contests that involve prospective student-athletes and are observed by the coaching staff member (e.g., scouting the club team's future opponents) would not count as an evaluation, provided observing the activity is a legitimate duty consistent with his or her responsibilities with the local sports club and is not evaluating on behalf of the institution. 1

2 Question #2: Is an institution's coach permitted to engage in recruiting activities on behalf of the institution while the coach is receiving expenses from the local sports club? Answer: No, an institution's coach who is receiving expenses from a local sports club for activities related to his or her duties with the local sports club may not engage in any recruiting activities on behalf of the member institution. It is not permissible for any outside organization, agency or group of individuals to expend funds for the institution's recruitment of prospective student-athletes. Question #3: Is an institution permitted to pay a coach's expenses to attend a competition in which the coach's local sports club team is participating? Answer: No, a member institution may not pay a coach's expenses to attend a contest in which the coach's local sports club is participating. Providing such expenses constitutes financial support of the local sports club by the institution, which is not permitted. Question #4: May an institution's coach own or operate his or her own local sports club that includes prospective student-athletes? Answer: Yes, provided the club is an established, on-going club that is engaged in competitive activities and is not formed only to provide instruction to prospective SAs. Further, an institution's coach must use his or her own funds, independent of the institution, to establish and operate the club. Question #5: May an institution's coach who is employed by a local sports club provide individual skill instruction to PSAs? Answer: An institution's coach who is employed by a local sports club may provide individual instruction to PSAs who are participating in the local sports club where the coach is employed, provided the club is an established, on-going club, and all prospects participating in such activities are legal residents of the area (within a 50-mile radius of the institution). Question #6: May an institution's coach be involved with an outside team that includes his or her own SAs during the summer? Answer: In individual sports, if the institution's coach is the coach of an outside sports team during the summer, he or she may be involved with SAs with eligibility remaining from the institution's team. In team sports, a coach may not be involved in any capacity at any time with an outside team that includes any SA from his or her institution. Question #7: Is a SA's employment in a local sports club that is owned or operated by an institution's coach in his or her sport considered to be a countable athletically related activity? Sports Clubs cont Answer: The SA's employment does not, in and of itself, constitute a countable athletically related activity. Therefore, it is permissible for an institution's coach who owns or operates a local sports club to employ a SA, who is a member of his or her team, in the club outside the institution's playing season, provided no countable athletically related activities occur as a result of the employment. Question #8: Is an athletics department staff member who is not included in the institution's coaching limitations (e.g., director of athletics, academic advisor, director of volleyball operations) permitted to be involved with a local sports club? Answer: Yes, noncoaching staff members may be involved with a local sports club located in the institution's home community that includes PSAs participating in any sport, regardless of whether those PSAs live within a 50-mile radius of the institution; however, the noncoaching staff member may not engage in any recruiting activities on behalf of the institution while participating in activities with a local sports club. Question #9: May an institution's athletics department or athletics staff be involved with a club team sponsored by an institutional department that operates independent of the athletics department (e.g., recreation services department) if the club team includes PSAs and currently-enrolled college students? Answer: No, the institution's athletics department or athletics staff may not be involved with that club team. Such involvement would be considered sponsorship by the athletics department, which is not permissible. Participation by the institution's athletics department or athletics staff in the club's fundraising activities is also prohibited. Question #10: May a member institution's booster club sponsor a local sports club that includes PSAs? Answer: No, it is not permissible for a member institution's booster club to sponsor or make a donation, directly or indirectly, to an outside sports club that involves prospective student-athletes or any SA from the institution. Question #11: What involvement is a representative of athletics interests allowed to have with a local sports club? Answer: It would be permissible for a representative of an institution's athletics interests (RAI) to participate in activities involving a local sports club (e.g., serving on the board, soliciting funds, employment, etc.), provided the RAI acts independently of the institution and does not engage in any recruiting activities.

3 How Do I Count Contacts and Evaluations on the Same Day? Date Published: November 8, 2012 Educational Column: NCAA Division I institutions should note that NCAA Division I Board of Directors recently adopted NCAA Proposal No With the adoption of the proposal, in sports other than football, an institution is not required to count an evaluation of a particular SA that occurs on the same day as a permissible contact with that PSA toward the limit on recruiting opportunities. For example, in men's basketball, an evaluation on the same day as a permissible contact would not count as one of the 7 recruiting opportunities for that PSA. As an additional example, an evaluation on the same day as one of the permissible 3 contacts in women's soccer would not need to be counted as one of the 7 total combined recruiting opportunities. In both examples, the institution is only required to count the contact as one of the permissible recruiting opportunities. Therefore, when looking at the soccer example above, an institution's permissible recruiting opportunities with a particular women's soccer prospective student-athlete who is in her senior year of high school could include the 3 permissible contacts, 3 evaluations on the same day as the permissible contacts and 4 additional permissible evaluations. Institutions should also note that the proposal has been adopted with an immediate effective date retroactive to August 1, Therefore, institutions should review any evaluations currently counted as one of the seven recruiting opportunities this academic year and determine whether each of those evaluations must be counted as a recruiting opportunity. Compliance in the News: Sports Gambling Reminder A day after suspending athletic director Ross Parmley due to allegations he was involved with an Oklahoma City gambling figure, the University of Tulsa confirmed Wednesday it was cooperating with the NCAA on the case. On Tuesday, Parmley was placed on paid administrative leave after a court affidavit unsealed last week in Oklahoma City called TU's athletic director an "admitted gambler." A source told The Oklahoman that while being interviewed by the FBI in 2011, Parmley indicated he had informed TU officials of his cooperation with an investigation of Oklahoma City gambling figure Teddy Mitchell. The Oklahoman s source said Parmley admitted to using an Internet gambling site during an unspecified number of years. In 2005 and 2006, Parmley was a member of the TU football program s support staff. After that, he occupied various positions within the university s athletic administration. Reportedly, he stopped gambling in An NCAA rule prohibits student-athletes and athletic department staff members from wagering on intercollegiate, amateur and professional sports in which the Association conducts championships. Multiple sources say the NCAA would consider football gambling by an athletic department administrator to be a serious infraction. An athletic department official at a different university said, We know we re not supposed to (gamble). The NCAA has a fairly significant program intended to remind student-athletes and administrators about the evils of gambling including something as seemingly innocent as an office pool on March Madness. Another source familiar with NCAA rules and enforcement said if TU promoted Parmley while having had knowledge of his gambling activity, it could be problematic for them. That becomes an institutional-control issue, the source said. A lack of institutional control is one of the NCAA's gravest charges. According to the association's website, a lack of institutional control is found when major violations occur and the institution failed to display adequate compliance measures, appropriate education on those compliance measures, sufficient monitoring to ensure the compliance measures are followed and swift action upon learning of a violation. The NCAA also refused to comment directly on Parmley's situation. In a statement, the NCAA said, "The NCAA opposes all forms of legal and illegal sports wagering because it... can undermine the integrity of college sports. In the affidavit that was unsealed last week, Oklahoma City-based FBI Special Agent Francis Bowles Jr. alleged that Parmley had placed bets with Mitchell. According to the affidavit, Mitchell s November-December 2009 bank records reflect that Parmley issued Mitchell a check for $1,782. The FBI has been investigating Mitchell for eight years, according to The Oklahoman. A federal grand jury indicted Mitchell, his sons Dryden Mitchell and Nick Mitchell, six other men and a Costa Rican company in September, records show. Mitchell, 58, is accused of making millions of dollars by hosting illegal high-stakes poker games at his home and by illegally taking bets on sporting events. He has pleaded not guilty. 3 It is not known whether TU informed the NCAA of Parmley s gambling, or if the NCAA took notice only after Tuesday's published reports.

4 More Compliance in the News: NCAA rules loophole? Couple adopts Gators' Sharrif Floyd College sports governing body found a prominent football player at a Southeastern Conference school had accepted impermissible benefits. He was suspended and forced to repay the money. What came next, though, was unprecedented and could be a loophole used in the future to provide benefits for elite athletes. After his suspension, Florida defensive tackle Sharrif Floyd was adopted, at age 20, by the man who provided those benefits. Floyd, a junior for the seventhranked Gators and a possible firstround pick in the NFL draft, now receives far more from his adoptive father, Kevin Lahn, than he was punished for taking last year. Under NCAA rules, there are virtually no limits to what a parent can provide to an athlete but a slew of restrictions on what a player can receive from anyone else. NCAA spokesperson says examinations are made on a caseby-case basis. If a student-athlete is adopted, from that point forward the individual would be treated as any other parent. John Infante, author of the Bylaw Blog, says the NCAA likely wouldn t want to get involved in assessing the legitimacy of adoptions and trying to determine whether they have been done to formalize an existing relationship or to find a way around the rules to provide benefits. It s between a rock and a hard place, because, on one hand, you let this go, if you re saying this is the one thing we re not going to touch parents and legal guardians well then you ve established a way around the rules where AAU coaches, runners, agents, boosters just adopt kids and start providing for them, he says. You can basically do whatever you want. Holiday Reminders Athletic Department Christmas cards may be sent only to boosters and parents of current student-athletes. They may NOT be sent to prospective student-athletes. The only cards that may be sent to prospects are the basic institutional note cards, in which coaches can write in a holiday greeting. Holiday Cards Q & A If the Softball team takes a picture around a Christmas tree. Can they attach that to an to send to their recruits? Yes! Color attachments can be added to an , as long as it does not have animation or sound and it was not created for recruiting purposes. Can SMC pay for a student-athlete to travel home after an away-from-home competition during the vacation period? Yes, but the student-athlete is responsible for paying any additional cost associated with traveling home instead of back to campus (NCAA Rules Ed Column published 12/9/02). Men s Basketball loves holiday Cards! Can they send a holiday card to their recruits? No. A Christmas card or Holiday card would not be considered "printed recruiting material". Only institutional notecards or postcards would fit this request, BUT the notecard/postcard may only have the SMC logo or athletics logo on the outside and only handwritten information on the inside. Can they send a card to their current student athletes' parents? Yes! Can Volleyball send a card to other colleges and universities? Yes! Can Men s Basketball send holiday cards to high schools that come to their team camp? No! This is the same as a printed recruiting material to a prospect. For Teams IN Season During Winter Break: Can Women s Basketball take their team to dinner and a movie during the break? Yes! allows for reasonable entertainment within a 30 mile radius of the institution if they are required to be on campus for practice during the time when classes are not in session. SMC may also provide room and board (either providing meals or per diem) to student-athletes who are required to remain on campus for practice/competition during an official vacation period. However, if the student-athlete lives at home, room and board MAY NOT be provided other than team meals incidental to practice. Over the Winter break Coach Thomas gets an about 1/2 priced Warriors tickets. Since he knows that he can provide reasonable team entertainment during a vacation period in which he requires his team to be in Moraga, he decides to buy a block. Is this permissible? No, Bylaw prohibits the institution from providing tickets to a professional sporting event unless the team is involved in an away-from-home contest. My team plays on December 22 in Iowa. Can we depart campus on December 19 for Las Iowa even though it is more than 48 hours prior to the game? Yes! Bylaw Exceptions allows this if it is during SMC's official vacation period.

5 Stephanie Shrieve Assistant A.D. for Can Compliance SPORT Saint Mary s College Compliance Staff Basketball (Early Period) Basketball (Regular Period) Soccer & Cross Country All Other Sports (Early Period) All Other Sports (Regular Period) Piper Brewster Coordinator of Compliance and Athletic Eligibility PHONE: PHONE: (925) (925) ses6@stmarys-ca.edu pb9@stmarys-ca.edu NLI SIGNING DATES INITIAL FINAL SIGNING SIGNING DATE DATE November 14, 2012 November 21, 2012 April 17, 2013 May 15, 2013 February 6, 2013 August 1, 2013 November 14, 2012 November 21, 2012 April 17, 2013 August 1, 2013 December Reminders Squad List Update Remember to turn in Squad List Update forms to Student Services anytime you have additions or cut/quits with your team. They will then inform all the necessary departments of your squad change. Initial Eligibility Certification If you have Spring additions/transfers, please notify the Compliance office ASAP to begin tracking their initial eligibility certification for Spring semester. Recruiting Materials If your sport is looking into ordering note cards or designing some sort of recruiting attachment or presentation, please run it by compliance before printing. Note: recruiting materials requirements are under Bylaw Admissions Forms Please remember to use the updated purple and green sheets when requesting PSA evaluations from Admissions & Financial Aid. Make sure to completely fill in all information. These forms must be reviewed by Compliance BEFORE issuing an NLI or GIA. Winter Recruiting Calendar (Sports Subject to Recruiting Calendar) Baseball: December 1-31 January 1-2 January 3-6 January 7-30 Men s Basketball: December 1-23 December December Women s Basketball: December 1-23 December December Softball: December 1 December 2-31 Cross Country/ Track: December 1-9 December December December Volleyball: December 1-2 December 3-11 December Lacrosse: December 1-31 January 1 January 2-30 Did you Know.? Recruiting Period Recruiting Period Evaluation Period Evaluation Period The word Christmas is featured in 31 NCAA secondary violations and 56 major violations, most concerning extra benefits legislation. In addition, a large number refer to impermissible recruiting inducements. Before giving any Christmas cards/gifts, etc. to current SAs or PSAs or their families, please ask Compliance. In addition, if boosters of the programs have questions about Christmas giving to SAs and PSAs, please also refer them to Compliance. Saint Mary s College Athletics Compliance Office 1928 Saint Mary s Rd Moraga, CA Fax: (925) Office of Athletics Compliance is located in Madigan Gym. Follow us on