Appendix A

Division II Deregulation Package

The NCAA Division II Legislation Committee has identified the following proposals to facilitate the deregulation of Division II's legislation related to Bylaws 11 (Conduct and Employment of Athletics Personnel) and 13 (Recruiting). The Division II Presidents Council has approved the submission of these proposals to the membership as a "deregulation package." While these proposals are being submitted as a package, they each will be voted on separately in the appropriate business session.

Note: in the following proposals, those letters and words that appear in italics are to be deleted and those letters and words that appear in bold face are to be added.  All page numbers listed refer to the corresponding pages in the 1999-00 NCAA Divison II Manual.

Please Note: While the materials presented on the pages were posted as accurately as possible they are not official publications of the NCAA.  The NCAA publications are the only official publications of legislative proposals and should be consulted for all questions related to legislation.

Table of Contents
1    USE OF INSTITUTIONAL NAME OR LOGO 6   RECRUITING - TELEPHONE CALLS BY REPRESENTATIVES OF ATHLETICS INTERESTS
2   PERSONNEL - ATHLETICALLY RELATED INCOME 7  RECRUITING - CONTACT AND TELEPHONE CALLS
3    OUTSIDE INCOME RESTRICTIONS 8  RECRUITING - EVALUATIONS
4    EMPLOYMENT WITH PROFESSIONAL SPORTS ORGANIZATIONS - NONPERMISSIBLE ARRANGEMENTS 9  RECRUITING MATERIALS
5    PERMISSIBLE EMPLOYMENT OR INCOME ARRANGEMENTS - PROFESSIONAL SPORTS ORGANIZATION 10  RECRUITING - COMPLIMENTARY ADMISSIONS (OFFICIAL VISITS)
11 RECRUITING - DIVISION II TRYOUT

 

NO. 1 USE OF INSTITUTIONAL NAME OR LOGO

Intent: To eliminate the prohibition of athletics department's staff members using the institution's name or logo in the endorsement of commercial products or services for personal gain without prior written approval by the institution's chief executive officer.

A. Bylaws: Amend 11.1.4, page 53, as follows:

[Division II]

"11.1 CONDUCT OF ATHLETICS PERSONNEL

[11.1.1 through 11.1.3, unchanged.]

"11.1.4 Use of Institutional Name or Logo. Athletics department staff members shall not, directly or by implication, use the institution’s name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution’s chief executive officer in Divisions I and II and without prior approval from the institution in Division III."

B. Bylaws: 11.3.2.5, page 55, as follows:

"11.3 LIMITATIONS ON COMPENSATION AND REMUNCERATION

[11.3.1, unchanged.]

"11.3.1 Income in Addition to Institutional Salary

[11.3.2.1 through 11.3.2.4, unchanged.]

 

 

"11.3.2.5 Endorsement of Commercial Products. Athletics department staff members shall not use, directly or by implication, the institution’s name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution’s chief executive officer in Divisions I and II and without prior approval from the institution in Division III (see 11.2.2)."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: In the spirit of deregulation, the Division II Legislation Committee believes that it is not necessary to legislate the prohibition of athletics department's staff members utilizing, directly or by implication, the institution's name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution's chief executive officer. The committee believes that the institution and copyright laws governing the use of institutional names and logos adequately control this issue.

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NO. 2 PERSONNEL -- ATHLETICALLY RELATED INCOME

 

Intent: To eliminate the requirement than an institution must include, in contracts, and letters of appointment, a stipulation that requires staff members to receive prior approval for the chief executive officer for all athletically related outside income.

Bylaws: Amend 11.2.2, page 54, as follows:

[Division II]

"11.2.2. Athletically Related Income. Contractual agreements, including letters of appointment, between a full-time or part-time athletics department staff member (excluding secretarial or clerical personnel) and an institution shall include the stipulation that the staff member is required to receive annually prior written approval from the chief executive officer for all athletically related income and benefits from sources outside the institution. The staff member’s request for approval also shall be in writing and shall include the amount and the source of the income. Sources of such income shall include, but are not limited to, the following:

(a) Income from annuities;

(b) Sports camps;

(c) Housing benefits (including preferential housing arrangements);

(d) Country club memberships;

  1. Complimentary ticket sales;

    2. (f) Television and radio programs; and

  2. Endorsement or consultation contracts with athletics shoe, apparel or equipment manufacturers.

"11.2.2.1 Prior Approval For Institutionally Determined Limited Amount of Income. It is permissible for an institution’s chief executive officer to grant general prior written approval for a staff member to receive income that does not exceed an institutionally determined nominal amount (not to exceed $500 per event) for participation in any athletically related activity. A detailed accounting of all such income shall be provided annually in writing by the staff member to the chief executive officer."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

 

Rationale: In the spirit of deregulation, the Division II Legislation Committee believes that this legislation can be eliminated from the Division II manual. In rare occurrences when this legislation does impact Division II institutions, issues relating to athletically related income are more appropriately controlled at the institutional level. Further, in Division II outside income in significant amounts is not common place. Issues relating to outside income should be left to the discretion of the institution.

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NO. 3 OUTSIDE INCOME RESTRICTIONS

Intent: To eliminate the outside income restrictions for Division II coaches.

  1. Bylaws: Amend 11.3.2.1, page 54, as follows:

 

[Division II]

"11.3.2.1 Bona Fide Outside Employment. A staff member may earn income in addition to the institutional salary by performing services for outside groups, provided the compensation is for additional work actually performed and at a rate commensurate with the going rate in that locality for services of like character; further, such outside work must be in conformity with institutional policy and with the approval of the institution. In Divisions I and II, athletically related income requires the prior written approval of the institution’s chief executive officer (see 11.2.2).

 

B. Bylaws: Amend 11.3.2.2, page 55, as follows:

"11.3.2.2 Supplemental Pay. An outside source is prohibited from paying or regularly supplementing an athletics department staff member’s annual salary and from arranging to supplement that salary for an unspecified achievement. This includes the donation of cash from outside sources to the institution earmarked for the staff member’s salary or supplemental income. It would be permissible for an outside source to donate funds to the institution to be used as determined by the institution, and it would be permissible for the institution, at its sole discretion, to use such funds to pay or supplement a staff member’s salary.

 

  1. Bylaws: Amend 11.3.2.3, page 55, as follows:

    2. "11.3.2.3 Bonuses for Specific and Extraordinary Achievement. An institution may permit an outside individual, group or agency to supplement an athletics department staff member’s salary with a direct cash payment in recognition of a specific and extraordinary achievement (e.g., contribution during career to the athletics department of the institution, winning a conference or national championship, number of games or meets won during career/season), provided such a cash supplement is in recognition of a specific achievement and is in conformance with institutional policy.
  2. Bylaws: Amend 11.3.2.4, page 55, as follows:

    3. "11.3.2.4 Extra Compensation Restriction for Division II and Division III Coaches. A member institution shall not give extra compensation or remuneration of any sort to any coach conditioned upon or because of the number of games the coach’s team wins, or because the team goes to a bowl game or tournament or participates in championships. These limitations on extra compensation to coaches do not apply where enforceable contracts or formal security-of-employment commitments in effect on August 15, 1976, make it impossible to comply with the limitations. These exceptions are continued until existing contracts or formal security-of-employment commitments expire.
  3. Bylaws: Amend 11.3.2.5, page 55, as follows:

    4. "11.3.2.5 Endorsement of Commercial Products. Athletics department staff members shall not use, directly or by implication, the institution’s name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution’s chief executive officer in Divisions I and II and without prior approval from the institution in Division III (see 11.2.2).

    [11.3.2.6 through 11.3.2.8, unchanged.]
  4. Bylaws: Amend 11.3.2.9, page 55, as follows:

"11.3.2.9 Compensation for Scheduling Contests/Individual Participation. Staff members of a member institution’s athletics department shall not accept compensation or gratuities for scheduling athletics contests or individual meet participation with another institution or a sponsor of athletics competition. This specifically precludes the acceptance of compensation or gratuities from other institutions, schedule brokers or agents, and television networks or syndicators. Staff members shall not accept compensation for personal appearances (e.g., speaking engagements, clinicians) held in conjunction with the competition in which the institution’s team is a participant. A coach may receive a participatory gift from the sponsor of an event similar to the gift awarded to student-athletes participating in the event provided the gift meets the applicable awards limitation set forth in 16.1.4. "

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the Division II deregulation project. It was the sense of the Division II Legislation Committee that this legislation is not relevant to Division II in most cases and can be eliminated from the Division II Manual. In rare occurrences when these bylaws do impact Division II institutions, the issues are more appropriately controlled at the institutional level. In Division II, outside income in significant amounts is not common place, further, it should not be legislated that institution's monitor receipt of outside income. The committee believes that this should also be at the discretion of the institution.

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NO. 4 EMPLOYMENT WITH PROFESSIONAL SPORTS ORGANIZATIONS – NONPERMISSIBLE ARRANGEMENTS

Intent: To permit institutional staff members to be employed by professional sports organizations during times in which they are not under contract to the institution.

  1. Bylaws: Amend Bylaw 11.3.3.1, page 56, as follows:

    2. [Division II]

    "11.3.3 Employment With Professional Sports Organizations

    "11.3.3.1 Nonpermissible Employment Arrangements. Staff members of a member institution’s athletics department shall not accept compensation or gratuities for representing a professional sports organization as a coach or scout, in the negotiating of a contract, or for the performance of other services that involve the observation of or contact with athletics talent except during times in which the staff member is not under contract with the institution. Except as provided in 11.3.3.2, any compensational arrangement between a professional sports organization and a college staff member (e.g., for scouting other professional teams or assisting the professional employer in coaching its team) is evidence of an indirect arrangement to assure the staff member’s assistance in evaluating or procuring college talent.

     

  2. Bylaws: Amend Bylaw 11.3.3.1.1, page 56, as follows:

 

[Division II]

"11.3.3.1. Nonpermissible Employment Arrangements

"11.3.3.1.1 Employment During Periods When Not Under Contract With Member Institution. A staff member may not be compensated by a professional sports organization for services rendered during a period in which the staff member is not actually under contract to the institution or is absent from campus (e.g., temporary leave of absence, paid or unpaid). This provision applies to individuals employed by the member institution on a regular and continuing basis, even though the contract may be for a period of less than a full year."
[11.3.3.1.2 renumbered as 11.3.3.1.1.]

Source: NCAA Division II Presidents Council [Management Council (Legislative Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the NCAA Division II deregulation project. The Legislation Committee feels employment with professional sports organizations during times a staff member is not under contract with an institution should be permissible in Division II. Division II coaching salaries are, in most cases, not comparable to those in Division I and very often necessitate coaches securing outside employment during the summer when they are normally not under contract to the institution (i.e., Division II coaching contracts are not normally twelve-month contracts). Many times, such employment is available through professional sports organizations. An amendment to this legislation would be deregulation not only because legislation would be deleted but it would also no longer make it necessary for an institution to monitor such outside employment during times when staff members are not under contract to the institution.

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NO. 5 PERMISSIBLE EMPLOYMENT OR INCOME ARRANGEMENTS – PROFESSIONAL SPORTS ORGANIZATION

 

Intent: To eliminate legislation stating that it is permissible for employees of the institution, but are not associated with the athletics department, to be employed by professional sports organizations.

Bylaws: Amend Bylaw 11.3.3.2, page 56, as follows:

[Division II]

"11.3.3.2 Permissible Employment or Income Arrangements

"11.3.3.2.2 Employees Not Associated With Athletics Department. A staff member of a separate physical education school or department of an institution who has no relationship with or duties within the athletics department is not prohibited from working for a professional sports organization."
[Renumber 11.3.3.2.3 and 11.3.3.2.4 renumbered as 11.3.3.2.2 and 11.3.3.2.3, unchanged.]

 

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the NCAA Division II deregulation project. The Legislation Committee feels that this is repetitive legislation and should be removed from the manual. The committee believes that the language of NCAA Bylaw 11.3.3.1 clearly states that restrictions relating to employment with professional sports organizations applies only to athletics department staff members. In that regard, it should not be necessary to reiterate that staff members in physical education departments who have no relationship to and/or responsibilities in the athletics department are not prohibited from securing employment with a professional sports organization.

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NO. 6 RECRUITING – TELEPHONE CALLS BY REPRESENTATIVES OF ATHLETICS INTERESTS

Intent: To prohibit "representatives of athletics interest" from making telephone calls to prospective student-athletes.

  1. Bylaws: Amend 13.01.5.2, page 75, as follows:

[Division II]

"13.01.5.2 Division II. In Division II, representatives of an institution’s athletics interests (as defined in 13.02.12) are prohibited from making in-person, off-campus recruiting contacts with a prospect or the prospect’s relatives or legal guardians. On-campus contact is permitted, as are written and telephonic communications. Recruiting contacts by representatives during a prospect’s official visit are confined to campus and may not extend to the 30-mile radius permitted institutional staff members (see also 13.1.3.4.2)."
  1. Bylaws: Amend 13.1.2.5, page 81, as follows:

[Division II]

"13.1.2.5 Other Restrictions, Athletics Representatives. The following are additional restrictions that apply to athletics representatives.

"(b)

Telephone Calls. In Division II, it is permissible for an athletics representative (as defined in 13.02.12) to make telephone calls to a prospect on or after July 1 (August 15 in football) following the prospect’s completion of the junior year in high school. Any such telephone call must count as the institution’s one telephone contact per week;"

[13.1.2.5-(c) through 13.1.2.5-(e), renumbered as 13.1.2.5-(b) through 13.1.2.5-(d), unchanged.]
  1. Bylaws: Amend 13.1.3.4.2, page 82, as follows:

[Division II]

"13.1.3.4.2 Representatives of Athletics Interests—Division II. In Division II, it is not permissible for an athletics representative (as defined in 13.02.12) to make telephone calls to a prospect on or after July 1 following the prospect’s completion of the junior year in high school; further, any such telephone calls must count as the institution’s one telephone contact per week."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the NCAA Division II deregulation project. Current legislation permits representatives of athletics interests to place phone calls to prospective student-athletes. The Legislation Committee recommends that the legislation be amended to preclude phone calls to prospects by representative of athletics interests. The committee feels this is an important element of Division II deregulation efforts inasmuch as it would eliminate the need for extensive monitoring of phone calls placed by boosters. This will help to alleviate concerns of improper contact and inaccurate information being provided to prospects by non-athletics staff members.

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NO. 7 RECRUITING – CONTACT AND TELEPHONE CALLS

 

Intent: To set June 15 immediately preceding the prospect's senior year in high school as the first permissible date for contacts and telephone calls in all Division II sports.

  1. Bylaws: Amend 13.01.6, pages 75-76, as follows:

    2. [Division II]

    "13.01.6 Time Periods for Telephone Calls and Contacts. In Divisions I and II, telephone calls or in-person, off-campus recruiting contacts shall not be made with a prospect or the prospect’s relatives or legal guardians prior to June 15 (August 15 in Division II football and September 1 in Divisions I-A and I-AA football) following the prospect’s completion of immediately preceding the prospect's junior senior year in high school. In Division III, in-person, off-campus contacts with a prospect or a prospect’s relatives or legal guardian(s) may not be made until the prospect has completed the junior year in high school. In Divisions I and II football and basketball, such contacts are confined to specific contact periods. In all Divisions I and II sports, time periods are established during which no on- or off-campus contacts are permitted (see 30.11 and Figures 13-3 through 13-7). "

    "13.01.6.2 Exception—Division II Football. In Division II football, one telephone call to a prospect [or the prospect’s relatives or legal guardian(s)] may be made during the month of May of the prospect’s junior year in high school.

    "13.01.6.4 Exception—Division II Basketball. In the sports of men’s and women’s basketball, one telephone call to a prospect [or the prospect’s parents or legal guardian(s)] may be made on or after June 21 of the prospect’s junior year in high school. In addition, only three telephone calls to a prospect [or the prospect’s parents or legal guardian(s)] may be made during the month of July following the prospect’s junior year in high school, with no more than one telephone call per week."
  2. Bylaws: Amend 13.1.1.1, page 79-81, as follows:

 

[Division II]

"13.1.1.1 High-School Prospects. In Divisions I and II, in-person, off-campus recruiting contacts shall not be made with a prospect or the prospect’s relatives or legal guardian(s) prior to July 1 following June 15 immediately preceding the prospect’s completion of the junior senior year in high school. Telephone calls shall not be made with a prospect [or the prospect’s parents or legal guardian(s)] prior to July 1 (August 15 in Division IIfootball and September 1 in Divisions I-A and I-AA football) following the prospect’s completion of the junior year in high school. In Division III, in-person, off-campus recruiting contacts shall not be made with a prospect or the prospect’s relatives or legal guardian(s) until the prospect has completed the junior year in high school. U.S. service academy exceptions to this provision are set forth in 13.17.1.

"13.1.1.1.2 Exception—Division II Football. In Division II football, one telephone call may be made during the month of May of the prospect’s junior year in high school.

"13.1.1.1.4 Exception—Division II Basketball. In the sports of men’s and women’s basketball, one telephone call to a prospect [or the prospect’s parents or legal guardian(s)] may be made on or after June 21 of the prospect’s junior year in high school. In addition, only three telephone calls to a prospect [or the prospect’s parents or legal guardian(s)] may be made during the month of July following the prospect’s junior year in high school, with no more than one telephone call per week.
 

 

 [13.1.1.3-13.1.2.9.2, unchanged]
"13.1.3 Telephone Calls to Prospects

"13.1.3.1 Time Period for Telephone Calls – General Rule. In sports other than Divisions I and II football and Division I basketball, In Division II, telephone calls to a prospect [or the prospect’s relatives or legal guardian(s)] may not be made prior to July 1 following the completion of June 15 immediately preceding the prospect’s junior senior year in high school; thereafter, staff members shall not make such telephone calls more than once per week. If more than one call per week occurs due to a scheduled official paid visit that subsequently is canceled by the prospect, the violation shall be considered an institutional violation per 2.8.1; however, it shall not affect the prospect’s eligibility.

"13.1.3.1.1 Exception—Division II Football. In the sport of Division II football, telephone calls to a prospect [or a prospect’s relatives or legal guardian(s)] may not be made prior to August 15 following the completion of June 15 immediately preceding the prospect’s junior senior year in high school; thereafter, such telephone contact is limited to once per week outside of a contact period. During a contact period, such telephone contact may be made at the institution’s discretion.

"13.1.3.1.3 Exception—Division II Basketball. In the sports of men’s and women’s basketball, one telephone call to a prospect [or the prospect’s parents or legal guardian(s)] may be made on or after June 21 of the prospect’s junior year in high school. In addition, only three telephone calls to a prospect [or the prospect’s parents or legal guardian(s)] may be made during the month of July following the prospect’s junior year in high school, with no more than one telephone call per week; thereafter, staff members shall not make such telephone calls more than once per week.

"13.1.1.1.2 Exception—Division II Football. In Division II football, one telephone call may be made during the month of May of the prospect’s junior year in high school.

"13.1.1.1.4 Exception—Division II Basketball. In the sports of men’s and women’s basketball, one telephone call to a prospect [or the prospect’s parents or legal guardian(s)] may be made on or after June 21 of the prospect’s junior year in high school. In addition, only three telephone calls to a prospect [or the prospect’s parents or legal guardian(s)] may be made during the month of July following the prospect’s junior year in high school, with no more than one telephone call per week.

"13.1.3.2 Additional Regulations

[13.1.3.2.1, unchanged]

"13.1.3.2.2 Telephone Calls Initiated by Prospect at Prospect’s Expense. Institutional staff members may receive telephone calls placed by a prospect at the prospect’s own expense at any time, including prior to July 1 (August 15 in football) following June 15 immediately preceding the prospect’s junior senior year in high school."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the Division II deregulation project. The committee recommends that this legislation should be amended so that the first permissible date for contacts and telephone calls in all sports be June 15 immediately preceding the prospect's senior year in high school. Inasmuch as part of the deregulation charge is to simplify application of legislation and reduce the size of the Division II manual, the committee feels a common date for contacting prospects should exist for all sports. This would simplify the application of recruiting legislation in Division II and would simplify the administrative responsibility for documenting recruiting activities. The June 15 date would precede all current dates. This should alleviate the need for future proposals to continually amend the dates on a sport-by-sport basis.

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NO. 8 RECRUITING -- EVALUATIONS

Intent: To eliminate the restriction on the number of evaluations an institution is allowed to have per prospect per academic year.

Bylaws: Amend 13.1.9, pages 84-86, as follows:

[Division II]

"13.1.9 Limitations on Number of Evaluations – All Sports. In Division II, there are no limitations on the number of evaluations an institution is allowed per prospect per academic year. In sports other than Division I football, basketball and ice hockey, institutional staff members shall not evaluate a prospect on more than four occasions during the academic year during which the prospect competes or practices on any team (e.g., high-school team, all-star team, club team). In Divisions I-A and I-AA football, institutional staff members shall be limited to two evaluations during the academic year during which the prospect competes or practices on any team. Not more than one evaluation may be used during the fall evaluation period and not more than one evaluation may be used during the May evaluation period per Bylaw 30.11.5. In Division I basketball, each institution shall be limited to five recruiting opportunities (contacts and evaluations combined) per prospect and not more than three of the five opportunities may be contacts. In Division I ice hockey, each institution shall be limited to seven recruiting opportunities (contacts and evaluations combined) per prospect and not more than three of the seven opportunities may be contacts.

"13.1.9.1 Visit (Without Contact) to Prospect’s Educational Institution. A visit (without contact) by a coaching staff member to a prospect’s educational institution counts as an evaluation for all prospects in that sport at that educational institution.

"13.1.9.1.1 Competition Not Involving Educational Institution Visited. A member institution does not utilize an evaluation for prospects at an educational institution if the coach observes competition at that institution between prospects who do not attend that institution.

"13.1.9.2 Evaluations Are Sports Specific. The limitation in 13.1.9 is sports specific; therefore, a prospect being earnestly recruited [see 15.5.7.8.1-(d)] by an institution in more than one sport may be evaluated on the permissible number of occasions in each of those sports during the academic year. Evaluations are counted against the sport of the coach making the evaluation.

"13.1.9.2.1 Evaluations in Cross Country and Track and Field. An institution is limited to evaluating a prospect who competes in any or all of the sports of cross country and indoor and outdoor track and field on not more than four occasions (combined) during the prospect’s academic year.

"13.1.9.3 On Same Day. Any number of evaluations or observations made during the same calendar day (defined as 12:01 a.m. to midnight) shall count as one evaluation.

"13.1.9.5 Football Evaluation Exceptions

"13.1.9.5.2 Limitations on the Number of May Evaluations. In the sport of football, institutional staff members shall not visit a prospect’s educational institution on more than one calendar day during the May evaluation period.

"13.1.9.6 Evaluations in Team Sports. In team sports, an institution shall utilize an evaluation for each prospect participating in a contest observed by the institution’s coach.

"13.1.9.7 Evaluations in Individual Sports

"13.1.9.7.2 Division II. In Division II, in individual sports, an institution shall utilize an evaluation for each prospect participating at any time on a given day in a competition. Thus, an institution’s coach who is attending a competition in an individual sport (e.g., track meet, swimming meet, tennis match) on a specific day shall utilize an evaluation for all participants in the competition on that day.

"13.1.9.8 Observations. Observing a contest or practice during the academic year shall count as one of the permissible number of evaluations (set forth in 13.1.9) for each prospect in the contest or practice, even if a contact is made during the same day. In Division I football, such observation that occurs during a permissible contact period shall count only as a contact per 13.02.3.1.

"13.1.9.8.1 Tournament Observations. In all sports, the evaluation of each contest in a tournament held during the academic year shall count as a separate evaluation except as follows:

"(a) Evaluation of multiple contests in a tournament that occurs on consecutive days (and normally at the same site) shall count as a single evaluation.

"(b) Evaluation of multiple contests in a single tier of a tournament (e.g., sectional, district, regional) shall count as a single observation. If a particular tier of a tournament is subdivided into identifiable segments (e.g., conducted on different weekends), evaluation of contests in each identifiable segment counts as a single observation.

"13.1.9.8.1.1 Exception—Division II Basketball. In Division II basketball, evaluation of contests in the state high-school basketball tournament that occurs within the state in which the member institution is located shall not count as an evaluation for any of the participating prospects.

"13.1.9.8.1.2 Women’s Basketball—Olympic Festival Tryouts. Evaluation on more than one day at official tryouts for the USA Basketball Olympic Festival conducted during a permissible evaluation period (see 30.11.4) shall count as a single evaluation for women’s basketball.

"13.1.9.9 Evaluations/Contact at Prospect’s Educational Institution. In sports other than Division I football, if a coach makes an in-person recruiting contact at a prospect’s educational institution, all evaluations (other than observations of practice or competition) made on that calendar day at the prospect’s educational institution shall not count among the permissible number of evaluations (set forth in 13.1.9) for any prospect at that institution in the applicable sport. In Division I football, any evaluation activity that occurs during a permissible contact period shall count only as a contact per 13.02.3.1 and 13.02.6.1.1.

"13.1.9.10 Open Events in Which College Teams Compete. An institution does not utilize an evaluation if the institution’s team competes in an open meet (e.g., track meet) in which prospects also compete.

"13.1.9.11 Evaluations Subsequent to National Letter of Intent Signing or Other Written Commitment. Subsequent to the calendar day on which a prospect signs a National Letter of Intent, there shall be no limit on the number of evaluations by the institution with which the prospect has signed. For an institution that does not utilize the National Letter of Intent, there shall be no limit on the number of evaluations with the prospect subsequent to the calendar day of the prospect’s signed acceptance of the institution’s written offer of admission and/or financial aid.

"13.1.9.12 Effect of Violation. Violations of 13.1.9 shall be considered institutional violations per 2.8.1; however, they shall not affect the prospective student-athlete’s eligibility."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the NCAA Division II deregulation project. Division II legislation states that institutional staff members may evaluate the academic and/or athletics ability of a prospect at a site off the institution's campus a maximum of four times per academic year. The committee recommends the elimination of this legislation. The committee feels that a restriction on the number of evaluations is not a practical concept in Division II. Once an institution observes a contest involving a given team four times during the academic year, the institutions is precluded from observing any future contests involving that team during that year. In reality, future evaluations involving this team may very well be for the purpose of evaluating the team's opponents. Current legislation prohibits this possibility often placing undue financial and travel hardships on institutional staff members. This change would allow institutions the latitude to evaluate a team (i.e. junior college or high school) located in close proximity to the institution more than four times most likely for the purpose of evaluating prospects on the opposing team. This would not cause undue pressure on prospective student-athletes inasmuch as contact restrictions would still apply. The definition of an evaluation and the existence of evaluation periods would also still exist.

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NO. 9 RECRUITING MATERIALS

 

Intent: To eliminate the list of permissible recruiting materials that a Division II institution may serve to a prospect.

Bylaws: Amend 13.4.1, page 88-89, as follows:

[Division II]

"13.4.1 Divisions I and II—Printed Recruiting Materials. A Division I or Division II institution may not provide recruiting materials to a prospect (including general correspondence related to athletics) until September 1 at the beginning of the prospect’s junior year in high school. Member institutions are permitted to provide only the printed materials listed below to prospects, coaches of prospects or any other individual responsible for teaching or directing an activity in which a prospect is involved. A member institution is not permitted to provide prospects with any recruiting materials not listed below (e.g., films, videotapes, original newspaper clippings in Division I). Violations of this bylaw shall be considered institutional violations per 2.8.1; however, they shall not affect the prospective student-athlete’s eligibility.

"(a) Correspondence. General correspondence, including letters and postcards issued by the U.S. postal service (i.e., blank cards) and institutional note cards may be sent to a prospect only by mail. In Division I, attachments to general correspondence may include materials printed on plain white paper with black ink. In Divisions I-A and I-AA football, the content of all general recruiting correspondence to prospects (or prospects’ parents or legal guardians) must be prepared by the head coach or one of the full-time assistant coaches. In addition, restricted-earnings coaches, which in the sport of football are permissible only in Division I-AA and at the national service academies in Division I-A, may prepare such correspondence.

"(b) Business Cards. Business cards may be provided to a prospect. (Adopted: 1/14/97)

"(c) Camp Brochures. Camp brochures may be provided to a prospect. Information contained in camp brochures must relate specifically to camp events and activities (as opposed to information that may not be provided to prospects). [Note: These brochures may be provided to a prospect prior to September 1 at the beginning of the prospect’s junior year in high school.] (Revised: 1/14/97)

"(d) Electronic Transmissions—Divisions I and II. Facsimiles and electronic mail may be sent to a prospect.

"(e) NCAA Educational Information. An institution may provide educational information published by the NCAA (e.g., NCAA Guide for the College-Bound Student-Athlete). [Note: This information may be provided to a prospect prior to September 1 at the beginning of the prospect’s junior year in high school.]

"(f) Newspaper Clippings—Division II Only. Newspaper clippings may be sent to a prospect, but may not be assembled in any form of scrapbook.

"(g) Preenrollment Information. Any necessary preenrollment information regarding orientation, conditioning, academics and practice activities may be sent to a prospect, provided the prospect has signed a National Letter of Intent or has been officially accepted for enrollment by the member institution. (Revised: 1/9/96)

"(h) Programs. Game programs (which may not include posters) may be provided to prospects only during official and unofficial recruiting visits and may not be mailed.

"(i) Publications (Athletics). An institution may produce either a recruiting brochure or media guide (but not both) in each sport it sponsors and provide it to a prospect. The publication may have only one color of printing inside the covers.

"(j) Publications (Nonathletics) Available to All Students. Official academic, admissions and student-services publications published by the institution and available to all students may be provided to prospects.

"(k) Questionnaires. Questionnaires may be provided to a prospect. [Note: These questionnaires may be provided to a prospect prior to September 1 at the beginning of the prospect’s junior year in high school.]

"(l) Schedule Cards. One wallet-size playing schedule card per sport.

"(m) Student-Athlete Handbook. One student-athlete handbook, describing the institution’s athletics department policies governing the conduct of student-athletes, may be provided to a prospect during official and unofficial recruiting visits or may be mailed once the prospect has signed a National Letter of Intent or has been accepted for enrollment by the member institution. The handbook may contain only one color of printing throughout the publication, including the cover."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This is part of the Division II deregulation project. The committee recommends deletion of the list of permissible recruiting materials. The committee advocates retaining the initial date for providing these materials. The committee feels that Division II institutional athletic budgets provide an inherent control over the amount and types of printed material that an institution develops for the purpose of recruiting. Exclusive of media guides, most times the athletic department utilizes printed material developed by the institution's recruiting/admissions office. The committee does not feel that this would be abused inasmuch as most institutional budgets will prohibit institutional personnel from approving the production of "lucrative and excessive" printed materials.

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NO. 10 RECRUITING – COMPLIMENTARY ADMISSIONS (OFFICIAL VISITS)

Intent: To allow institutions to provide complimentary admissions to prospects on official visits in the same manner such admissions are provided during unofficial visits.

Bylaws: Amend 13.7.5.2, page 94, as follows:

[Division II]

"13.7.5 Entertainment/Tickets on Official Visit

"13.7.5.2 Complimentary Admissions. During the official visit, a maximum of three complimentary admissions to a campus athletics event in which the institution's intercollegiate team practices or competes may be provided only to a prospect. Such complimentary admissions are for the exclusive use of the prospect and those persons accompanying the prospect on the visit and must be issued on an individual-game basis. and the prospect’s parents [or legal guardian(s)] or spouse. Providing seating during the conduct of the event (including intermission) for the prospect or the prospect’s parents [or legal guardian(s)] or spouse in the facility’s press box, special seating box(es) or bench area is specifically prohibited. For violations of this bylaw in which the individual receives an excessive number of complimentary admissions, and the value of the excessive admissions is $25 or less, the eligibility of the individual (i.e., prospective or enrolled student-athlete) shall not be affected conditioned upon the individual repaying the value of the benefit to a charity of his or her choice. The individual, however, shall remain ineligible from the time the institution has knowledge of the receipt of the impermissible benefit until the individual repays the benefit. Violations of this bylaw remain institutional violations per 2.8.1, and documentation of the individual’s repayment shall be forwarded to the enforcement staff."

[13.7.5.2.1 through 13.7.5.2.3, unchanged.]

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This proposal is part of the NCAA Division II deregulation project. The Legislation Committee recommends an amendment to the current legislation so that complimentary admissions on official and unofficial visits are administered consistently. The committee feels that it is not necessary to distinguish between official and unofficial visits related to the provision of complimentary admissions. This proposal would make it permissible to provide three complimentary admissions to a campus athletics event for prospects on both official and unofficial visits. These complimentary admissions would be for the exclusive use of the prospect and those persons accompanying the prospect on the visit. Current legislation would continue to control provision of entertainment to high school and two-year college coaches.

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NO. 11 RECRUITING-DIVISION II TRYOUT

 

Intent: To permit an institution to provide one tryout per prospect per institution per sport.

Bylaws: Amend 13.12.2.1, pages 100-101, as follows:

[Division II]

 

 

"13.12.2.1 Division II Tryouts. A Division II member institution may conduct a tryout of a prospect only on its campus or at a site at which it normally conducts practice or competition and only under the following conditions (see 17.02.12 for tryouts of currently enrolled students):

"(a) No more than one tryout per prospect per institution per sport shall be permitted;"

[13.12.2.1-(b) through 13.12.2.1-(g), unchanged.]

 

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective Date: August 1, 2000.

Rationale: This is part of the Division II deregulation project. Under the current Division II tryout legislation only one tryout per prospect per institution is permitted. This proposal will permit an institution to provide one tryout per prospect per institution per sport. This proposal is consistent with the deregulation project inasmuch as this modification would eliminate "bookkeeping" necessary to "track" the tryout activities of multiple-sport prospective student-athletes.

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