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Compliance Guidelines for Representatives of Athletics Interests

Compliance Guidelines for Representatives of Athletics Interests

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Compliance Guidelines for Representatives of Athletics Interests



Institutional Guidelines

Complying with NCAA rules and regulations is paramount for any Division I institution. Binghamton University is responsible for insuring that its coaches, student-athletes, faculty and staff, alumni, donors, and friends abide by NCAA regulations. Under these guidelines, alumni, donors, and friends are categorized as “representatives of athletics interests” of Binghamton University.

This is a quick reference to some of the most important NCAA rules which apply to our athletics representatives. However, all applicable situations cannot be covered in this guide. Please recognize that an uninformed or inappropriate interaction with a prospective or an enrolled student-athlete might jeopardize their eligibility, the sport they represent, or the institution itself.

Binghamton University greatly appreciates your loyal support and continued interest in its athletics programs. As we strive for continued excellence in athletics, as well as academics, we must always seek the highest standard of ethical conduct. Your valued cooperation can be of assistance in accomplishing these common goals.


Definitions You Should Know


Representative of Athletics Interests
You are a “Representative of Athletics Interests” if you have at any time:
  • Participated in or been a member of an agency or organization promoting Binghamton University’s intercollegiate athletics program;
  • Made a donation to any of the Binghamton University athletics programs or the Bearcat Athletic Fund;
  • Assisted or been requested (by the athletics department staff) to assist in the recruitment of prospective student-athletes;
  • Arranged for or provided summer employment for enrolled student-athletes;
  • Assisted in providing any benefit to enrolled student-athletes or their families;
  • Contacted (by letter, telephone, or in-person) a high school student, grades 9-12, for the purpose of encouraging the student to participate in the Bearcat athletics program (no longer permissible in most cases);
  • Been involved in any way in promoting the Bearcat athletics program.
  • Once an individual is identified as an athletics representative, the person retains that identity indefinitely, even if he/she no longer contributes to, or is involved with the athletics program.

Prospective Student-Athlete
A “prospective student-athlete” is defined as a student who has started classes for the ninth (9th) grade. A younger student may become a prospective student-athlete if the institution provides such an individual (or relatives or friends) any financial assistance or other benefits not provided to prospective students generally.

Enrolled Student-Athlete
An “enrolled student-athlete” is a student whose enrollment was solicited by a member of the athletics staff or an athletics representative with a view toward the student’s ultimate participation in the intercollegiate athletics program. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the athletics department.

Contact
A “contact” is any face-to-face encounter between a prospective student-athlete or the prospective student-athlete’s parents or legal guardians and an institutional staff member or athletics representative during which any dialogue occurs in excess of an exchange of a greeting.

Any encounter with a prospective student-athlete that is:
  • Prearranged;
  • Takes place on the grounds of the prospective student-athlete’s school;
  • Takes place at the site of organized competition; or
  • Takes place at an official practice involving the prospective student-athlete or his/her high school, prep school, two-year college, or all-star team; shall be considered a “contact” regardless of the conversation that occurs.

Recruiting
“Recruiting” is any solicitation of a prospective student-athlete or the prospective student-athlete’s family (including legal guardians) by a Binghamton University staff member or by an athletics representative for the purpose of securing the prospective student-athlete’s enrollment and participation in Binghamton University’s intercollegiate athletics program

Offers and Inducements
Making an “offer or inducement” is being involved, directly or indirectly, in making arrangements for, giving, or offering to give any financial aid or other benefits to the prospective student-athlete or the prospective student-athlete’s relatives or friends. Specifically prohibited financial aid, benefits, and arrangements include, but are not limited to, the following:
  • Arranging employment for a prospective student-athlete’s relatives;
  • Giving the gift of clothing or equipment;
  • Cosigning of loans;
  • Providing loans to a prospective student-athlete’s relatives or friends;
  • Giving cash or like items;
  • Giving any tangible items, including merchandise;
  • Providing free or reduced-cost services, rentals, or purchases of any type;
  • Providing free or reduced-cost housing;
  • Providing use of an institution’s athletics equipment (e.g., for a high-school all-star game); and
  • Sponsoring or arranging for an awards banquet for high-school, preparatory school, or two-year college athletes by an institution, representatives of its athletics interests, of its alumni groups, or of its fundraising organizations.

Extra-Benefit
An “extra benefit” is the receipt of any special arrangement by an institutional employee or an athletics representative to provide a student-athlete or prospective student-athlete, or their relatives or friends, with a benefit not expressly authorized by NCAA legislation. Examples of “extra-benefits” include, but are not limited to, the following:
  • Providing gifts or free or reduced-cost services;
  • Providing a loan or arranging or co-signing for a loan;
  • Providing the use of an automobile;
  • Providing rent free or reduced-rent housing;
  • Exchanging any item of value for complimentary admission;
  • Providing use of a phone credit card number to make phone calls;
  • Arranging discounts on travel;
  • Employing relatives or friends of a prospective student-athlete as an   inducement for the enrollment of a prospective student-athlete;
  • Promising to provide any of the above.

Consequences to Athletics Representatives for NCAA Violations
NCAA Bylaw 6.4.2.1: Revocation or Withholding Privileges
NCAA member institutions are required to notify athletics representatives of consequences regarding rules violations. Any athletically related benefit or privilege may be withheld or revoked if the individual has engaged in conduct that is determined to be a violation of NCAA rules or regulations, regardless of whether such violation results in sanctions. A benefit or privilege may include, but is not limited to, any athletically related benefit received from an agreement between the athletics representative and the institution, such as ticket privileges. The revocation of ticket privileges may result in an individual being denied admittance to any University athletics event.
For further information regarding Benefits and Privileges, please see the latest NCAA Division I Manual, Section 6.4 “Responsibility for Actions of Outside Entities”

Recruitment of Prospective Student-Athletes
Athletics department staff members are always interested in learning of new prospective student-athletes. However, strict guidelines prohibit much of what you can do as a representative of Binghamton University’s athletics interests.

As an athletics representative you are prohibited from:
  • Making in-person contact on or off campus with prospective student-athletes;
  • Corresponding with a prospective student-athlete, their parents or legal guardians via written or telephone communication;
  • Contacting a prospective student-athlete’s coach,
  • Visiting a prospective student-athlete’s educational institution to pick up film or transcripts pertaining to the evaluation of the prospective student-athlete;
  • Providing transportation for a local high school or junior college prospective student-athlete to visit the Binghamton University campus;
  • Inviting select high school prospective student-athletes to alumni events;
  • Providing an offer or inducement to a prospective student-athlete or their parents, legal guardians, friends, or relatives.

As an athletics representative you are permitted to:
  • Employ prospective student-athletes in the summer after they have signed a National Letter of Intent (NLI) and after they have graduated from high school;
  • Attend high school or 2-year college athletic contests (But you may not have contact with a prospective student-athlete);
  • Provide information to Binghamton University’s coaching staff regarding prospective student-athletes in your area;
  • Provide funding to benefit a local high school athletics program if:
  • The representative acts independently of the institution;
  • The funds are distributed through channels established by the high school or the fundraising organization;
  • The funds are not earmarked directly for a specific prospective student-athlete.

Information on Enrolled Student-Athletes
As an athletics representative you are prohibited from:
  • Providing current student-athletes with benefits or services that are not generally available on the same basis to the entire student body (extra-benefits, as previously defined);
  • Using the name or picture of a current student-athlete to advertise or promote the sale of a commercial product or service;
  • Purchasing or agreeing to purchase complimentary admissions from a current student-athlete for any item of value;
  • Employing a current student-athlete during the academic year;
  • Contributing funds to finance a scholarship for a particular student-athlete.

As an athletics representative you are permitted to:
  • Contribute funds to Binghamton University to finance a scholarship for a particular sport (however, the decision as to how such funds are to be allocated in the sport shall rest exclusively with the institution);
  • Provide summer employment to current student-athletes with compensation based on work actually performed and at a rate commensurate with other employees performing similar job duties;
  • Invite a current student-athlete or the entire team and may provide local transportation to your home to receive an occasional meal, (the meal may be catered); the offer is extended infrequently (i.e. no more than once per term).
  • Commit your effort to one of the booster organizations that work to support the athletics program at Binghamton University;
  • Attend athletic contests, home or away.

Limited Exceptions for Faculty and Staff to Contact Prospective Student-Athletes
  • For the purpose of athletic recruitment, faculty and staff members of Binghamton University are permitted to contact prospective student-athletes only on the institution’s campus.
  • For the purpose of athletic recruitment, faculty and staff members of Binghamton University, at the direction of the coaching staff, may write   prospective student-athletes on or after September 1 at the start of their junior year in high school.
  • For the purpose of athletic recruitment, faculty and staff of Binghamton University, at the direction of the coaching staff, may telephone a prospective student-athlete beginning July 1 subsequent to the prospective student-athlete’s junior year in high school.
Several exceptions apply to this rule.

Guidelines for Representatives of Athletics Interests: Agents
Student-athletes lose their amateur status and shall not be eligible for intercollegiate competition in a particular sport if:
  • The student-athlete, their parents or relatives, enter into a written or oral agreement with an agent;
  • The student-athlete, their parents or relatives, accept or receive any benefits from an agent.

Gambling
NCAA rules do not permit student-athletes or staff members to knowingly:
  • Provide information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;
  • Solicit or accept a bet on any intercollegiate team;
  • Participate in any gambling activity that involves intercollegiate athletics or professional athletics through a bookmaker, a parlay card, or any other method employed by organized gambling.
(See Don’t Bet On It for further information.)

Occasional Meals
16.12.1.5: Occasional Meals
A student-athlete or the entire team in a sport may receive an occasional family home meal from an institutional staff member or representative of athletics interests under the following conditions:
  • The meal must be provided in an individual’s home (as opposed to a restaurant) and may be catered;
  • Meals must be restricted to infrequent and special occasions; and
  • Institutional staff members may provide reasonable local transportation to student-athletes to attend such meals. A representative of the institution’s athletics interests may provide reasonable local transportation to student-athletes to attend the meal function only if the meal function is at the home of that representative.

Six Key Rules to Remember
  • Only coaches and athletics department staff members are permitted to be involved in the recruiting process.
  • Alumni, friends, and other athletics representatives who are not employed by Binghamton University are not permitted to contact a prospective student-athlete (or members of the prospective student-athlete’s family) by letter, telephone, or in-person (on or off-campus) for the purpose of soliciting their participation in the athletics program. For recruiting purposes, Binghamton University faculty members are permitted to engage in in-person contact with prospective student-athletes, but only on the Binghamton University campus. If an athletics representative recognizes a talented athlete, please contact an athletics staff member or coach.
  • A prospective student-athlete remains a prospective student-athlete even after he or she signs a National Letter of Intent or financial aid agreement to attend Binghamton University.
  • The prospective student-athlete does not lose his or her prospective student-athlete status until the start of classes at Binghamton University or the beginning of official team practice, whichever occurs first.
  • DON’T DO ANYTHING FOR A PROSPECTIVE STUDENT-ATHLETE OR A STUDENT-ATHLETE WITHOUT SPECIFIC AUTHORIZATION FROM BINGHAMTON UNIVERSITY’S ATHLETICS DEPARTMENT.
  • The prohibition of contact with a prospective student-athlete is not intended to relate to unavoidable incidental contacts with prospective student-athletes by athletics representatives.
  • It is understood that the athletics representatives may from time to time have contact with prospective student-athletes and/or their family members. Such contact is permissible so long as it is not made for the purpose of recruitment of the prospective student-athlete, and involves only normal civility. In other words, if you meet a junior or senior high school or junior college student-athlete during your normal course of business or social activity, there is no violation as long as you do not discuss Binghamton University athletics. If you are attending an alumni or athletics event and find yourself speaking with parents of a prospective student-athlete, do not discuss the athletics program and excuse yourself from the discussion in an appropriate manner.
  • If a student-athlete accepts any extra-benefits based on his or her status as an athlete or because of athletic skill, the student-athlete will lose all eligibility for intercollegiate athletics participation.
  • Athletics representatives are reminded that NCAA rules regarding student-athletes remain in effect throughout the entire year, including the summer break.


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