STATEMENT OF COMPLIANCE OFFICE
The mission of the Gonzaga University compliance office is to enthusiastically observe the spirit and letter of the rules and regulations of the NCAA, the West Coast Conference, and Gonzaga University. A basic purpose of the athletic compliance office is to maintain the institution's integrity in the area of athletic compliance and promote the athlete as an integral part of the student body. Another purpose of the compliance office is to educate athletics department staff members, student-athletes, the various constituencies of the University and the community regarding NCAA regulations.
COMPLIANCE WEEKLY TOPIC Archived Weekly Topics
March 14, 2006
This week's compliance topic concerns the NCAA's sanction on Ohio State University's men's basketball team. The NCAA placed the team on three years' probation for several violations that occurred during 1999-2002. Ohio State used an ineligible player during these seasons as well as provided two members of the team with impermissible benefits, including housing, cash and other inducements, from a representative of athletics interest. Ohio State must wipe out their records from four NCAA Tournament appearances--including their trip and banner to the 1999 Final Four. They must also repay the tournament revenues for the years of 1999, 2000, 2001 and 2002 which totals approximately $800,000. The men's basketball team also was penalized in a public reprimand and on-campus visits by recruits.
For more information on NCAA bylaws surrounding boosters, please click on Representatives of Athletic Interest
RECENT INTERPRETATIONS AND NEW LEGISLATION
Athlete-Agent Act Signed Into Law
Noncoaching Athletics Department Staff Member with Sport-Specific Responsibilities Participating in Voluntary Athletics Activities with Student-Athletes (I)
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Date Issued: Oct 12, 2005
Type: Official
Item Ref: 1
Interpretation:
The committee determined that a noncoaching staff member (e.g., administrative assistant, director of operations) with sport-specific responsibilities may not participate with or observe student-athletes in the staff member's sport who are engaged in nonorganized voluntary athletically related activities (e.g., pick-up games).
2005 NCAA Division I Hot Topic No. 9 - NCAA Bylaw 13.4.1 - Recruiting Materials Question and Answer Document
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Date Issued: Aug 26, 2005
Type: Ed. Column
Item Ref: 1
Interpretation:
With the adoption of NCAA Proposal No. 2003-32 (as amended by Proposal No. 2003-32-1), NCAA Division I institutions should note several changes to NCAA Bylaw 13.4.1. In summary of its application, the bylaw specifies the recruiting materials that may be provided to prospective student-athletes. Any other materials not specified in the bylaw may be posted on the institution's Web site, but may not be printed and sent to prospects and may not be provided as attachments to electronic mail. It is permissible to send black and white attachments (e.g., copies of newspaper articles) with general correspondence, provided such attachments are not already posted on the institution's Web site. The following questions and answers will assist in the application of Bylaw 13.4.1.
Q: Is it permissible to attach recruiting materials not listed in Bylaw 13.4.1 (e.g., schedule cards, student-athlete handbook) to general correspondence (as black and white attachments) and/or electronic mail sent to prospects if such materials are posted on the institution's Web site pursuant to Bylaw 13.4.1.3?
A: No. The legislation specifically precludes an institution from providing any materials posted on the institution's Web site to prospects, unless the material appears in the list in Bylaw 13.4.1. This includes providing such items as black and white attachments to general correspondence and as attachments to electronic mail.
Q: Is it permissible to include the institution's schedule in the text of general correspondence or electronic mail?
A: Yes. The legislation precludes an institution from sending an actual schedule card to the prospect in such a manner, but does not preclude the institution's schedule from appearing in such correspondence. However, it is not permissible to print out a schedule that appears on the Web site and attach it to general correspondence or electronic mail.
Q: Is it permissible to print information obtained from noninstitutional Web sites (e.g., media Web sites) and provide such materials to prospects as black and white attachments to general correspondence or as attachments to electronic mail?
A: Yes. Materials from other sources (e.g., newspaper or Web site articles) may be provided in such a manner, provided the materials are not also posted on an institution's Web site. If such materials are posted on the institution's Web site, the materials may not be printed in black and white and sent to prospects or sent as attachments to electronic mail.
Q: Is it permissible to include an electronic link(s) to recruiting materials posted on the institution's Web site in electronic mail sent to prospects? Further, is it permissible to provide electronic links to articles or materials located on noninstitutional Web sites?
A: Yes. The provision of electronic links to prospects is permissible. Such links may be included in general correspondence or electronic mail.
Q: In the event an institution posts its camp brochures and other items listed in Bylaw 13.4.1 on its institutional Web site, is it permissible to send such materials directly to prospects?
A: Yes. Camp brochures and other materials specifically listed in Bylaw 13.4.1 may be provided directly to prospects. All items listed in Bylaw 13.4.1, except game programs, may be provided directly to prospects via mail or may be provided electronically.
Q: What are the restrictions pertaining to materials not listed in Bylaw 13.4.1 and that are also not posted on the institution's Web site?
A: Not posting particular recruiting materials on the institution's Web site does not necessarily permit the institution to send any item as an attachment simply because the institution chooses not to place the item(s) on its Web site. In those instances, the institution needs to continue to apply the legislation as it has in the past to make sure the attachment could not be construed as a separate tangible recruiting item, such as a second athletics publication.
Q: Is it permissible for an institution to post a PowerPoint presentation on its Web site?
A: Institutions should note that during its April 21, 1998, meeting, the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations clarified that it is not permissible for members of an institution's coaching staff to show prospects computer recruiting presentations (e.g., using presentation software) during the recruiting process. As a result, unless the presentation meets the provisions of Bylaw 13.4.2 (video/audio materials), it is not permissible for an institution to post a recruiting presentation on its Web site.
2005 NCAA Division I Hot Topic No. 5 -- Application of NCAA Proposal No. 2003-83 -- Definition of Prospective Student-Athlete (I)
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Date Issued: May 23, 2005
Type: Ed. Column
Item Ref: 1
Interpretation:
Institutions should note that during its May 17, 2005, telephone conference, the NCAA Division I Management Council Administrative Committee adopted a modification of wording (M-2005-3), which clarifies the application of NCAA Proposal No. 2003-83. The Administrative Committee, acting on behalf of the Management Council, clarified that an individual who officially registers and enrolls and attends classes during the summer prior to initial enrollment and receives institutional athletics aid is not a prospective student-athlete for purposes of applying the contact limitations in NCAA Bylaw 13, and the individual is considered a student-athlete for purposes of applying Bylaw 16. The individual remains a prospective student-athlete for purposes of applying all other provisions of Bylaw 13 and all other bylaws. The committee used its authority, pursuant to NCAA Constitution 5.4.1.1.1, to modify the wording to reflect the intent of the official interpretation that was issued by the full Management Council at its January 2005 meeting and incorporated into the text of Proposal No. 2003-83.
As result of the modification of wording, please note the following applications to various situations. The following lists are not exhaustive but are provided as guidance for institutions regarding the application of Proposal No. 2003-83.
It is not permissible for an individual who officially registers and enrolls and attends classes during the summer prior to initial enrollment and receives institutional athletics aid:
• To engage in voluntary conditioning activities conducted by a department-wide strength and conditioning coach, except as permitted in the sports of football and basketball as outlined in Bylaw 13.12.3.9;
• To engage in noncountable athletically related activities (e.g., safety exception, summer workouts in individual sports) with an institution's coaches;
• To be employed as camp counselors in an institution's camp;
• To participate on a local sports club that involves an institution's coach in the applicable sport unless all provisions of Bylaw 13.12.2.3 (e.g., legal residence within a 50-mile radius of the institution) are satisfied; or
• To participate on an institution's foreign tour in the applicable sport.
It is permissible for an individual who officially registers and enrolls and attends classes during the summer prior to initial enrollment and receives institutional athletics aid:
• To engage in voluntary weightlifting or conditioning activities on the institution's campus in the presence of the institution's strength and conditioning coach, provided such activities are not prearranged, the strength and conditioning coach is performing normal duties and responsibilities in the supervision of the weight room or facility in use, and he or she does not work directly with the prospective student-athlete;
• To participate as a camper in institutional camps or clinics, except in the sport of football;
• To receive medical expenses that result from any injuries (athletically or nonathletically related) as set forth in Bylaw 16.4.1;
• To receive tutoring and other academically related expenses as set forth in Bylaw 16.3.1;
• To receive occasional meals as set forth in Bylaw 16.12.1.5;
• To have face-to-face encounters (contact) with athletics department staff members outside of a contact period (including dead periods); or
• To use institutional athletics equipment pursuant to the institution's normal equipment policy as set forth in Bylaw 16.12.1.7.
