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Page 12 <strong>The</strong> <strong>NCAA</strong> <strong>News</strong> December 5, 1994<br />

n Iniwpretations Committee minutes<br />

CcmferenceNo.15<br />

November lo,1994<br />

Acting for the <strong>NCAA</strong> Council, the<br />

Interpretations Committee issued<br />

the following interpretations:<br />

Allubwhlr4ppord/Eqv~~<br />

1. Rospeet Receiving Free Equipment<br />

and Apparel Itemr. <strong>The</strong> committee re-<br />

viewed several issues related WI prospecu<br />

receiving free equipment and apparel<br />

items for personal use from apparel or<br />

equipment manufacmrers or distributors<br />

and determined the following:<br />

a. A prospect (as opposed 10 a student-<br />

athlete) may receive apparel or equipment<br />

items related to the prospect’s span direct-<br />

ly from an apparel or equipment manu-<br />

facturer or distributor without jeopardiz-<br />

ing rhe prospect’s eligibility for intercolle-<br />

giate aLbletics in that span<br />

b. A prospect may not enter into an<br />

arrangement (e.g., open account) with an<br />

apparel or equipment manufacturer or<br />

distributor that permits rhe prospect 10<br />

Proposals<br />

select apparel and equipment items from a<br />

commercial establishment of the manufac-<br />

turer or distributor without jeopardizing<br />

the prospect’s eligibility for intercollegiate<br />

athletics in that sport.<br />

c. It is not permissible for a member<br />

institution’s coach to be involved in any<br />

manner in identifying or assisting an<br />

apparel or equipment manufacturer or<br />

distributor in determining whether a<br />

prospect is to receive any apparel or<br />

equipment items.<br />

<strong>The</strong> committee also noted that instan-<br />

ces of prospects receiving items from<br />

apparel or equipment manufacturers or<br />

distributors appear to be more prevalent.<br />

Thus, the committee recommended that<br />

rhe <strong>NCAA</strong> Special Committee to Review<br />

the Relationship of Apparel Manu-<br />

facturers to the Intercollegiate Athletics<br />

Community and the <strong>NCAA</strong> Committee on<br />

Financial Aid and Amateurism further<br />

review this issue to determine whether ic<br />

wishes to recommend that prospecrs be<br />

held to the same standards as enrolled stu-<br />

dent-athletes in this area.<br />

[References: <strong>NCAA</strong> Bylaws 12.1.1<br />

(amateur status) and 12.1.2-(m) (forms of<br />

pay); Council 10/10/77, Item No. 1: and<br />

IC 3/l l/93, Item No. 21<br />

Noninr*l Publiir/<br />

Financial Donohnr<br />

2. Nonimtih~tiomsl PobIication Making<br />

Financial Donations to Institution’e<br />

Athleticcl Program. <strong>The</strong> committee re-<br />

viewed issues related to noninsritutional<br />

publications dedicated primarily to report-<br />

ing on an insrimtion’s athletics program<br />

and determined the following:<br />

a. A noninstitutional publication dedi-<br />

cated primarily to reporting on an instim-<br />

tion’s athletics program that contributes a<br />

percentage of subscription sales to an<br />

institution’s athletics program or makes a<br />

flat-rate donation (0 the institution’s ath-<br />

letics program is not per se, considered to<br />

be an institutional publication for purpos-<br />

es of applying <strong>NCAA</strong> regulations.<br />

b. A noninstitutional publication dedi-<br />

cated primarily to reponing on an instin-<br />

don’s athletics program that makes any<br />

Rnancial donations to an institution’s ath-<br />

letics program is considered to be an ath-<br />

letics representative of the institution and<br />

is subject to applicable <strong>NCAA</strong> recruiting<br />

regulations in that area.<br />

c. An institution may not in any manner<br />

financially subsidize a noninstitutional<br />

publication that reports on its athletics<br />

program without causing the publication<br />

to be considered an instiNtiona1 athletics<br />

publication.<br />

[References: 13.02.10 (represencacive of<br />

athletics interest) and 13.4.1 (Divisions I<br />

and II ~ printed recruited materials);<br />

Council l/08/94. Item No. 11-a-(2); and<br />

IC 10/21/93, Item No. S)]<br />

Ovhf-5eoson Rocke/Employment<br />

3. Eqkayment of a Student-Athlete by<br />

Loal Sports Club Owned or Operated by<br />

Stident-Athlete’s Coach. An institution’s<br />

coaching staff member who owns or oper-<br />

ates a local sports club or organization<br />

may not employ a student-athlete who is a<br />

member of his or her own team as a<br />

coach/counselor for the club or organiza-<br />

don outside the instirudon’s playing sea-<br />

son. <strong>The</strong> committee noted that the em-<br />

ployment of such a student-athlete during<br />

the playing season is considered a count<br />

able athletically related activity, and fur-<br />

ther. Ihe provisions of 12.4.2.1 preclude<br />

the student-athlete from receiving com-<br />

pensation for such employment. [Refer-<br />

ences: 12.4.2.1 (coach or physical educa-<br />

tion instructor), 13.1224 (local sports<br />

Financial aid and amateurism arousing includes two proposals dealing with<br />

v I<br />

b Continued from page 1<br />

Conference measure would<br />

increase the number of counters<br />

in three “head-count” sports -<br />

women’s gymnastics (from 10 to<br />

12 counters), women’s tennis<br />

(eight to 10) and women’s volley-<br />

ball (12 to 14). Equivalency limits<br />

would be increased by 20 percent<br />

in other sports, with new limits<br />

ranging from six each in the<br />

sports of archery, bowling, fenc-<br />

ing and synchronized swimming<br />

to 21.6 in women’s ice hockey.<br />

<strong>The</strong> sponsors believe the<br />

increases will ease pressures to<br />

add women’s sports programs<br />

and eliminate men’s programs by<br />

improving proportionality of<br />

financial aid for men’s and wom-<br />

en’s sports.<br />

If that measure fails, the<br />

Atlantic Coast Conference pro-<br />

posal seeks to change the head-<br />

count sports of gymnastics, tennis<br />

and volleyball to equivalency<br />

sports. Limits on the permissible<br />

number of grants would remain<br />

unchanged, but the proposal<br />

would permit schools to divide a<br />

grant among two or more<br />

women, thus increasing the num-<br />

ber of participants who may<br />

receive athletics aid in the<br />

involved sports.<br />

Basketball grants<br />

Two other proposals also ad-<br />

dress grant limits - this time in<br />

the sports of Division I men’s and<br />

women’s basketball.<br />

<strong>The</strong> proposals offer a new<br />

approach to what is becoming an<br />

old controversy: the discrepancy<br />

in the number of grants permit-<br />

ted for men and women.<br />

Currently, Division I women’s<br />

basketball programs are permit-<br />

ted 15 grants, while Division I<br />

men’s basketball programs are<br />

limited to 13 grants.<br />

Sponsors of the proposals<br />

argue that grant limits should be<br />

equal for men and women.<br />

<strong>The</strong>refore, the proposals -<br />

which separately address men’s<br />

and women’s limits - would<br />

place men and women on the<br />

same footing if both are adopted.<br />

As a result, aid would be awarded<br />

on an equivalency rather than<br />

head-count basis, with 13 grants<br />

available to a maximum of 15<br />

counters in each gender.<br />

<strong>The</strong> women’s proposal would<br />

have the effect of reducing the<br />

number of full grants currently<br />

available to women, which has<br />

prompted the Committee on<br />

Financial Aid and Amateurism to<br />

oppose the measure. <strong>The</strong> com-<br />

mittee, however, supports the<br />

men’s proposal, because it could<br />

increase participation in men’s<br />

basketball without increasing the<br />

number of grants.<br />

Recurting issues<br />

Basketball-grant limits is not<br />

the only recurring issue in this<br />

grouping. Other issues from pre-<br />

vious Conventions that will be<br />

addressed again in San Diego<br />

include:<br />

n Legislation adopted last year<br />

to permit basketball student-ath-<br />

letes to enter a professional draft<br />

and retain eligibility for intercol-<br />

legiate competition, as long as<br />

that student-athlete declares the<br />

intention to return to collegiate<br />

play within 30 days after the<br />

draft. <strong>The</strong> Pacific-10 Conference<br />

is sponsoring a proposal to<br />

rescind that legislation.<br />

Implementation of the lcgisla-<br />

(ion earlier this year prompted<br />

widespread criticism from profes-<br />

sional basketball interests as well<br />

as tnost college coaches. Com-<br />

plaints centered on rhe timing of<br />

the National Basketball Associa-<br />

tion draft, which occurs in late<br />

June. Thar leaves programs<br />

unsure until only a month before<br />

school starts whether a drafted<br />

player will return fo college com-<br />

petition.<br />

<strong>The</strong> Council, acting on a<br />

recommendation from the <strong>NCAA</strong><br />

Professional Sports Liaison Com-<br />

mittee, has agreed to oppose the<br />

proposal. <strong>The</strong> committee, which<br />

proposed the current legislation,<br />

believes the rule should remain<br />

in place until it has been fully<br />

tested; it also believes that the<br />

benefits student-athletes receive<br />

from the legislation outweigh the<br />

concerns of the critics.<br />

H State reciprocity tuition<br />

agreements. For the third straight<br />

year, the Council is sponsoring a<br />

proposal recommended by the<br />

Committee on Financial Aid and<br />

Amateurism that would require<br />

institutions that have reciprocal<br />

tuition agreements with neigh-<br />

boring states to consider such<br />

agreements institutional financial<br />

aid for student-athletes.<br />

<strong>The</strong> Division I sports of foot-<br />

ball and basketball would be<br />

exempted from the legislation,<br />

since in those sports, student-ath-<br />

letes can be considered counters<br />

without receiving athletically<br />

related financial aid.<br />

Other Council positions<br />

<strong>The</strong> Council also has taken<br />

positions on other proposals in<br />

the grouping:<br />

W It is sponsoring a proposal<br />

recommended by the <strong>NCAA</strong><br />

Olympic Sports Liaison Com-<br />

mittee to permit student-athletes<br />

to receive educational expenses<br />

from the U.S. Olympic Com-<br />

mittee, as long as any assistance<br />

received is counted against an<br />

institution’s sport-by-sport finan-<br />

cial aid limitations and against<br />

the recipient’s full grant-in-aid<br />

limit. Adoption could result in<br />

reduced financial aid costs for<br />

institutions with student-athletes<br />

who receive such assistance.<br />

H It opposes a proposal to per-<br />

tnir nonrecruitcd student-athletes<br />

to receive financial aid that is<br />

awarded by an outside source<br />

and is not disbursed through the<br />

student-athlete’s institution - a<br />

provision that would be applica-<br />

ble only to individuals who<br />

receive such aid before initial<br />

enrollment at an <strong>NCAA</strong> institu-<br />

tion.<br />

H It opposes a proposal to per-<br />

mit an institution to reduce or<br />

cancel a student-athlete’s finan-<br />

cial aid on or after the date that<br />

the student-athlete voluntarily<br />

leaves a collegiate team. Current-<br />

ly, aid must be provided through<br />

the end of the semester or quar-<br />

ter in which the student-athlete<br />

leaves the team.<br />

Other propods<br />

Other proposals in the finan-<br />

cial aid and amateurism grouping<br />

would:<br />

H Liberalize opportunities for<br />

Divisions I and II student-ath-<br />

letes to receive outside, nonath-<br />

letics aid.<br />

H Permit aid for a student-ath-<br />

lete who is receiving compensa-<br />

tion from a professional sports<br />

organization and is within one<br />

term of completing graduation<br />

requirements.<br />

n Permit nonrecruited Divi-<br />

sions I and II student-athletes to<br />

be noncounters in instances<br />

where institutional aid is granted<br />

without regard to athletics ability.<br />

H Allow a Division I-A or I-AA<br />

student-athlete who participates<br />

in more than one sport to prac-<br />

tice in football as a noncounter<br />

until he engages in intercolle-<br />

giate competition.<br />

H Permit a charitable founda-<br />

tion funded by a professional<br />

sports organization to provide a<br />

camp or clinic participant with<br />

“actual and necessary expenses”<br />

without jeopardizing the individ-<br />

ual’s eligibility for intercollegiate<br />

competition.<br />

I Lessen the itnpact of ama-<br />

teurism legislation on a student-<br />

athlete who accepts a prize won<br />

in a promotional activity related<br />

to a sport - such as the oppor-<br />

tunity to make a half-court bas-<br />

ketball shot or participate in a<br />

“money scramble.” <strong>The</strong> student-<br />

athlete would lose eligibility only<br />

in the sport in which the prorno-<br />

tional activity occurred, rather<br />

than in all spans as is currently<br />

required.<br />

Summary<br />

Following is a sutnmary of the<br />

15 proposals in the financial aid<br />

and amateurism grouping. Also<br />

indicated in the summary are<br />

sponsors, positions (if any) taken<br />

on the legislation by the Council,<br />

actions resulting from committee<br />

review of a proposal (if any), and<br />

the business sessions in which a<br />

proposal will be acted upon.<br />

No. 7% Permit individuals to receive<br />

educational expenses from the U.S.<br />

Olympic Committee, provided the<br />

financial assistance counts against the<br />

institution’s sport-by-span financial aid<br />

limitation and counts against the indi-<br />

vidual’s full-grant-in-aid limit. Span-<br />

sored by the Council; recommended by<br />

the Olympic Sports Liaison Committee.<br />

club), 17.02.1.1 (countable athletically<br />

related activities) and 17.-X.1.4.1<br />

(involvement of coaching staff)]<br />

4. Coaching Staff Member who is<br />

Parent or Spouse of Participant in Gmteat<br />

Involving Fuhue Opponent (Division I).<br />

<strong>The</strong> prohibition against off-campus scout-<br />

ing of opponents in Division I basketball<br />

or football does not preclude a coaching<br />

staff member from attending a contest that<br />

involves a future opponent if the coaching<br />

staff member is the parent (or legal<br />

guardian) or spouse of a participanr (e.g.,<br />

player, coach) in the contest. [Reference:<br />

11.6.1 .I (basketball and football prohibi-<br />

tion)]<br />

I-A Football Attondance/PennamnI<br />

5. Use of Removable Bleacberlr in<br />

Meeting I-A Football-Attendance Re-<br />

quirements (Division I-A). An institution<br />

may use “removable” seats in meeting the<br />

minimum 30,000 permanent-sear require-<br />

ment, provided such seats will be installed<br />

in Ihe institution’s stadium during each of<br />

the institution’s home foorball contests.<br />

[Reference: 20.9.6.3-(b) (I-A football-<br />

attendance requiremen&)]<br />

gender equity<br />

General business session; all divisions<br />

vote together.<br />

No. 74: Require that state reciprocity<br />

tuition agreements be considered insti-<br />

tutional financial aid for student-ath-<br />

letes participating in sports other than<br />

Division I football and basketball.<br />

Sponsored by the Council; recommend-<br />

cd by the Commitree on Financial Aid<br />

and Amateurism. General business ses-<br />

sion; all divisions vote together.<br />

No. 75: In Divisions I and II, permit<br />

a student-athlete to receive an outside<br />

educational grant awarded on bases<br />

having no relationship to athletics abili-<br />

ty up to the cost of attendance, provided<br />

the awarding agency does not restrict<br />

the recipient’s choice of institutions and<br />

the donor is not a representative of an<br />

institution’s athletics interests or an ath-<br />

letics booster group of a member insti-<br />

tution. Sponsored by the Big Ten<br />

Conference. Committee on Financial<br />

Aid and Amateurism position: None.<br />

Divisions I and II business sessions.<br />

No. 76: Permit a nonrecruited stu-<br />

dent-athlete to receive financial aid<br />

from an outside source that is not dis-<br />

bursed through the institution, provid-<br />

ed the aid is awarded prior to the stu-<br />

dent-athlete’s initial enrollment at a<br />

member institution. Sponsored by the<br />

Great Midwest Conference and one<br />

Division 1 institution. Committee on<br />

Financial Aid and Amateurism position:<br />

Recommended modifications; the spon-<br />

sors modified the proposal in accor-<br />

dance with the committee’s recommen-<br />

cla~ons (modifications not noted in the<br />

Official Notice but will be noted in the<br />

Convention Program). Opposed by the<br />

Council. General business session; all<br />

divisions vote together.<br />

No. 77: Permit an institution to pro-<br />

vide financial aid to a student-athlete<br />

who is under contract to or currently<br />

receiving compensation from a profes-<br />

sional sports organization for one addi-<br />

tional term, provided the student-ath-<br />

lete 1s enrolled in the final term of the<br />

student’s baccalaureate program and is<br />

carrying (for credit) rhe courses neces-<br />

sary to complete degree requirements.<br />

Sponsored by the Atlantic Coast<br />

Conference. Committee on Financial<br />

Aid and Amateurism position: None.<br />

General business session: all divisions<br />

vote together.<br />

No. 78: Permit a member instiNtion<br />

to reduce or cancel a student-athlete’s<br />

financial aid on or after the date that<br />

the student-athlete voluntarily with-<br />

draws from a sport. Sponsored by the<br />

Lone Star Conference. Committee on<br />

Financial Aid and Amateurism position:<br />

None. Opposed by the Council.<br />

General business session; all divisions<br />

See Propowls, page 16 b

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