Recent NCAA Interp: Electronic Transmissions, Social Media Platforms & Recruiting

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1 Follow us on Saint Mary s College Coaches & Athletic Administration Newsletter March 2014 IMPORTANT DATES March 10 Logs due for the weeks of 2/23--3/1 & 3/2-3/8 March 20 TBD) - Income Taxes for International Students Webinar March 24 Logs due for the weeks of 3/9-3/15 & 3/16-3/22 This Month in Compliance: Recent NCAA Interp: Electronic Transmissions, Social Media Platforms & Recruiting NCAA DI member institutions are reminded that an athletics department staff member's personal website or social media profile [or personal page on any site (e.g., Twitter, tumblr, Facebook, Google+, Pinterest, Instagram, LinkedIn)] may include information related to the institution's athletics program, subject to the same restrictions applicable to an institution's athletics website. Accordingly, a personal site may contain information not created for a recruiting purpose (e.g., game scores, season updates, facility updates, information regarding the coaching staff or current or former student-athletes). However, it is not permissible to include information about or directed toward a specific PSA or to post video or audio materials directed toward PSAs generally unless such content is produced by the institution's official admissions or student-services office and available to all students or is not created for a recruiting purpose (e.g., interviews with current SAs or game highlights targeted to a general audience). NCAA Interp: Electronic Transmissions, Social Media Platforms & Recruiting March Madness Reminder Compliance in the News March Reminders Institutions should note that the legislation governing publicity, correspondence and electronic transmissions is also applicable to an athletics department staff member's personal website. For example, a member institution or athletics department staff member may not comment publicly about a PSA, other than to confirm recruitment, before the PSA has signed a NLI or an institution's written offer of admission and/or financial aid, or prior to receipt of the SA's financial deposit in response to the institution s offer of admission. The institution is also precluded from commenting in any manner as to the likelihood that a PSA will sign with that institution and may not publicize (or arrange for the publicity of) a PSA's visit to campus, including any camp or clinic held on the institution's campus, before the PSA has signed a NLI, the institution's written offer of admission and/or financial aid or prior to receipt of his or her financial deposit in response to the institution's offer of admission. Further, an athletics department staff member may not promote or endorse a PSA's team or coach, or an athletics facility that is primarily used by PSAs. Finally, institutions should note, in sports other than basketball, all forms of electronically transmitted correspondence to a PSA, 1

2 MARCH MADNESS REMINDER With the WCC tournament underway in Las Vegas and March Madness just around the corner, don t be tempted to bet on it. What exactly is the NCAA policy on sports wagering? The NCAA opposes all forms of legal and illegal sports wagering on college sports. NCAA rules prohibit SAs, and athletics department, conference office, and NCAA national office employees from wagering on intercollegiate, amateur, and professional sports in which the NCAA conducts championships. How does the NCAA define sports wagering? The NCAA defines sports wagering as putting something at risk such as an entry fee or a wager in return for the opportunity to win something. Does the NCAA really oppose the harmless smalldollar bracket office pool for the Men s Final Four? Yes! Office pools of this nature are illegal in most states. The NCAA is aware of pools involving $100,000 or more in revenue. Worse yet, the NCAA has learned these types of pools are often the entry point for youth to begin gambling. Fans should enjoy following the tournament and filling out a bracket just for the fun of it, not on the amount of money they could possibly win. New NCAA Interp cont other than electronic mail (traditional , and other communication through electronic services and applications comparable to traditional in which a message is sent directly to another individual) and facsimile, are prohibited until after the PSA signs a NLI or the institution's written offer of admission and/or financial aid or after the institution has received a financial deposit in response to the institution's offer of admission. Examples of prohibited electronic correspondence include, but are not limited to text messages, instant messages, SnapChat and comments on a PSA's wall or page. In basketball and men's ice hockey, any type of electronically transmitted correspondence (e.g., , facsimile, instant message, text message, SnapChat, etc.) may be sent to a PSA, provided the correspondence is sent directly to the PSA (or his or her parents or legal guardians) and is private between the sender and recipient. Once a PSA signs a NLI or an institution's written offer of admission and/or financial aid or after the institution receives a financial deposit from the PSA in response to the institution's offer of admission, the institution may communicate publicly with that prospective student-athlete. The following questions and answers are designed to assist the DI membership with the application of the legislation governing use of social media. Q1: Is it permissible to send correspondence to a PSA using equivalent functions that are available on social media platforms? A: Yes. is not limited to traditional services provided by an institution, website or Internet service provider. Permissible communication extends to communication through electronic services and applications comparable to traditional in which a message is sent directly to another individual. Accordingly, it is permissible for an athletics department staff member to send electronically transmitted correspondence to a PSA using a service that permits a private message to be sent between only the sender and recipient in a manner comparable to traditional (e.g., Twitter "direct message," Facebook messenger, Instagram Direct, etc.). Any pictures or audio/video clips included in such messaging cannot be created for a recruiting purpose or must fit within a specific category of institutionally produced audio/video materials expressly permitted under the recruiting materials legislation that may be provided via attachment or hyperlink. Electronically transmitted correspondence through other services or applications that may be directed to a specific individual but are accessible to other users of the service or application (e.g., Twitter "@replies" or "mentions," Facebook wall-to-wall feature) are not considered an equivalent. Finally, institutions should note that whether a permissible form of electronic communication occurred is based on the mode of communication used, not on how a service stores or catalogs the communication after the communication ends. Q2: In sports other than basketball, may institutional staff members use a service or software to convert an into a text message or other prohibited form or electronically transmitted correspondence? A: No. Further, to the extent an athletics department staff member is aware that a PSA is receiving a permissible form of electronic communication in an impermissible format (e.g., receiving as text messages), such electronic transmission is prohibited. Q3: May a coach or other institutional staff member and a PSA connect via social media (e.g., "friend" each other on Facebook, "follow" each other on Twitter) prior to the first permissible date to provide recruiting materials?

3 permissible date to provide recruiting materials? A: Yes, provided the only communication to the PSA is an electronic notification automatically generated by the social media platform (e.g., the platform notifies a PSA that he or she has received a friend request) and the coach or other institutional staff does not include any additional language in either the request or the reply. Once connected, all limitations governing recruiting correspondence, electronic communication and publicity remain in effect until the PSA has signed a NLI or the institution's written offer of admission and/or financial aid or the institution has received his or her financial deposit in response to its offer of admission. Q4: May a coach or other athletics department staff communicate publicly with or about a PSA on a social media platform? A: A coach or other athletics department staff may not communicate publicly with a PSA until the PSA has signed a NLI or the institution's written offer of admission and/or financial aid or the institution has received his or her financial deposit in response to its offer of admission. Prior to that time, public communication with or about a PSA is contrary to the publicity legislation. Further, a coach or other athletics department staff may not publicly reference the name, nickname or other personally identifiable information (e.g., address) of a PSA, other than to confirm recruitment of the PSA, nor may they forward or republish identifiable information generated by a PSA (e.g., "retweet"). Q5: May a current SA and a PSA connect and communicate via a social media platform at any time and publicly communicate with or about a PSA? A: Yes, provided the communication does not occur at the direction of a coach or other athletics department staff and the communication does not relate to the PSA's recruitment (e.g., a SA may not publicly comment on a PSA's verbal commitment, a SA may not post any information that would publicize a PSA's visit to campus), including information that was initially generated by the PSA (e.g., "retweet"). Q6: May a coach or other athletics department staff connect and communicate publicly with a PSA's coach or team via a social media platform at any time? A: Although it is permissible to connect and communicate with a PSA coach via private communication at any time, coaches and other athletics department staff are not permitted to make any public comment that promotes or endorses any PSA's coach or team, or an athletics facility that is primarily used by PSAs. 3 Q7: May a coach send a generic good luck or congratulatory message which mentions a specific HS on social media (e.g., a tweet on Twitter or a Facebook wall post that states, "Good luck, City High School, during the 2013 soccer season!")? A: No. Such messages would constitute an endorsement of the high school. Q8: If an athletics department staff member's son/ daughter is a PSA, is it permissible for the staff member to send a good luck or congratulatory message in which the son/daughter's HS or team is mentioned (e.g., "Congrats to my daughter, Suzie, and the Central High volleyball team on winning the conference tournament this weekend!")? A: Yes; however, the staff member is not permitted to comment specifically on any other PSA on the team unless the PSA has signed a NLI or the institution's written offer of admission and/or financial aid or the institution has received his or her financial deposit in response to its offer of admission. Q9: If an athletics department staff member has a preexisting relationship with a HS coach, is it permissible for the staff member to send a good luck or congratulatory message mentioning the coach's name (e.g., "Congrats, Coach Smith, on your 400th career victory! Proud of you, my friend.")? A: No. This would constitute an impermissible endorsement of the mentioned coach. Q10: May an athletics department staff member post a tweet commenting on a particular facility used by PSAs (e.g. "Great ballgame at Township High School. One of the best HS baseball fields in the country!")? A: No. While it is permissible for an institutional staff member to publicly post generic information on a social networking website including locations visited, comments made about a PSA, coach, HS or athletics facility that is primarily used by PSAs are not permissible. Q11: May an institutional staff member post an individual photo of a PSA taken during a on the institution's campus to the staff member's personal website, institutional website, social media site? A: Although it is permissible for a photo of a PSA taken while visiting the institution's campus, to be used in permissible publicity and promotional materials an individual or "staged" photo of a PSA cannot be posted to any of the above platforms prior to the PSA signing a NLI, an institution's written offer of admission and/or financial aid or receipt of his or her financial deposit.

4 Suspensions Handed Down in Wichita State Apparel Case Paul Sullentrop of the Wichita Eagle: Eight Wichita State baseball players will miss games as the result of an NCAA investigation into improper apparel benefits. The NCAA notified WSU of the penalties on Friday morning, four hours before its opening game of the season. In all eight players will be suspended for between three and nine games. In addition, another eight players had to pay restitution but will not be suspended because the amount of extra benefit they received was less than $100. Wichita State got two breaks from the NCAA in player suspensions. First, the NCAA reduced the suspensions by half. Instead of missing 6, 12, or 18 games (10%, 20%, and 30% of a baseball season), the players will miss three, six, or nine games. The article says this was due to self-reporting the violations, but there would have to be another mitigating factor as well like lack of education on apparel ordering or the fact it was isolated to one employee. Wichita State will also be allowed to stagger the suspensions because there were so many, particularly among the pitching staff. Five pitchers including three starters were suspended. Notice that the players which sat out immediately were the three position players. Like MLB suspensions, even games where a pitcher is not scheduled to pitch count toward fulfilling the suspension. This ends the reinstatement A Wichita State administrative assistant was unaware of which apparel items she ordered for baseball players, unknowingly committing NCAA violations, according to her lawyer. Shelley Wombacher, a long-time employee of the baseball program, is at the center of an internal review regarding improper clothing and apparel benefits to members of the team. On Wednesday, sources at WSU identified Wombacher as the person with access to a discounted Under Armour account. Players ordered non-baseball items such as hunting gear at as much as a 50-percent discount, a violation of NCAA rules. Randy Rathbun, Wombacher s lawyer, said he is angry that the university is using her as a scapegoat after her 20-plus years of work. According to Rathbun, coaches, administrators and athletes, from the baseball program and other sports and departments within the athletic department, often ordered from Under Armour through Wombacher. The practice was common, he said, for several years. Wichita State athletic director Eric Sexton declined to comment, referring to statements made in Tuesday s news release announcing the review. Rathbun said Wombacher received no training from the department on how to use the account, and that she has not been fired. They would come to her with a SKU number and order items, Rathbun said. She had no idea what she was ordering. I don t know if anybody knew what was being ordered. Coaches, staff and administrators are allowed to order apparel. Athletes are allowed to order items, such as running shoes or sweat suits, used in their sport. Rathbun said Wombacher said some of the packages came through the baseball office. Others went to home addresses. It s just disgraceful the way they re treating this lady, he said. How in the heck does a secretary know it s a violation? As many as 16 current players could be involved, sources said. Under Armour supplies WSU s baseball uniforms and other apparel. The company did not respond to an request for comment. According to WSU sources, the purchases go back two or three years and took place without the knowledge of former coach Gene Stephenson and his assistant coaches. Members of the current coaching staff discovered the issue and brought it to the attention of the administration. Stephenson was fired after 36 seasons on June 4. Arkansas assistant Todd Butler was hired June 16. WSU announced the review on Tuesday, the same day Wombacher was asked to leave her office at Eck Stadium and complied. Read more here:

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 March Reminders INITIAL FINAL SIGNING SIGNING DATE DATE November 13, 2013 November 20, 2013 April 16, 2014 May 21, 2014 February 5, 2014 August 1, 2014 November 13, 2013 November 20, 2013 April 16, 2014 August 1, 2014 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 Please notify Compliance of any recruited walk-ons for so they can be tracked along-side all NLI signees. Compliance will periodically send out your current IRL (institutional recruiting list) please inform compliance of any additional PSAs to track or any PSA you are no longer recruiting. Admissions/ Financial Aid 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. NOTE: PSAs can now access the Net Price Calculator at: BASEBALL: April 1-13 April April Spring Recruiting Calendar (Sports Subject to Recruiting Calendar) MEN S BASKETBALL: April 1-2 April 3-10(noon) April 10(noon)-13 WOMEN S BASKETBALL: SOFTBALL: VOLLEYBALL: LACROSSE: CROSS COUNTRY/TRACK: March 1-13 March March Deposits to SMC Recruiting Period Quiet Period All prospects (either signed or walk-on) that have been officially accepted to SMC for Fall 2014 should make their housing and admissions deposits. A prospect has been officially accepted to the college if they submitted a Common Application and received an acceptance letter from Admissions. To make a deposit, prospects should log on to and then follow the directions given. Prospects cannot register for summer orientation or housing until they make a deposit. Exception: Prospects that will be on a FULL ATHLETIC scholarship do NOT need to make a deposit. 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