DIII Amateurism Professional Involvement Kristin Nesbitt Jean Orr June 4, 2012.

transcript

DIII AmateurismProfessional Involvement

Kristin NesbittJean Orr

June 4, 2012

DIII Amateurism:Professional Involvement

• Agenda:– Clear line of demarcation and

professional sponsorship.

– Definition of a professional team

– PSA/SA involvement with professional teams.

– Professional potpourri and best practices.

DIII AmateurismProfessional Involvement

• Learning Objectives:

– Explain relevant legislation regarding professional involvement.

– Highlight appropriate resources for assistance in navigating professional involvement scenarios.

– Recommend best practices to real-life situations.

Clear Line of Demarcation

• Athletics is a key part of college education.

• Student-athletes are a key component of the student-body.

• Keeping that focus draws a clear line between college athletics and professional sports.

Bylaw 12.01.2

Professional Sponsorship

• A professional sports organization can give funds to a conference for a specific intercollegiate competition event. – Must be placed in the conference’s

budget for the specific event.

– Includes any ancillary activities and promotions.

• Same rule applies to institutions.

**Proposal 2012-4; Bylaws 12.6.1.4 and 12.6.1.5);

• A professional sports organization can also give funds to:

– The NCAA national office, as developmental funds (Bylaw 12.6.1.3);

– An institution’s general fund, for non-athletics purposes (Bylaw 12.6.1.4);

– An institution’s general scholarship fund, combined with funds to assist all students in general (Bylaw 12.6.1.4);

• A professional sports organization can also give sports memorabilia to an institution for institutional or departmental fundraising activities (Bylaw 12.6.1.4) .

Professional Sponsorship• An institution may receive a share of

receipts from an event involving an intercollegiate athletics team and a professional sports team or a pro-am event as long as:

– The institution has a formal agreement with the professional sports team regarding the institution’s guarantee or share of receipts.

– The contract terms are consistent with similar agreements the pro team has made for intercollegiate or nonprofessional competition. (Bylaw 12.6.1.6)

• An institution may host or promote an athletics contest between two professional teams from recognized professional sports leagues as a fundraising activity.

(Bylaw 12.6.1.7)

Definition of a Professional Team

Two ways to identify a professional team:

1. If an organized team provides any of its players more than actual and necessary expenses for participation on the team.

2. If an organized team declares itself to be a professional team.

Bylaw 12.02.4

Actual and Necessary Expenses

• Must be in line with the fair market value in the locality.

• Can’t be excessive in nature.

(Bylaw 12.02.4)

Actual and Necessary: In line with Fair Market Value

Actual and Necessary: Not Excessive

Definition of a Professional Team

• Relevant Questions:

– What expenses does the team provide to any of its players?

– Does the value of any expense that is provided exceed actual and necessary expenses?

– Is the team calling itself a professional team?

Semiprofessional Teams

• Teams often declare themselves to be semiprofessional teams.

Regardless of how a team defines itself, look at the ways that an organized team can trigger the definition of a professional team.

Semiprofessional Teams

• If a team declares itself to be semi-professional, but does not provide any of its players more than actual and necessary expenses, the team is not considered a professional athletics team.

• Note: There is currently no formal interpretation. This concept will be reviewed by the DIII Interpretations and Legislation Committee.

Name That Team!

• Rick is a member of the Mudville Caseys.

• He receives only actual and necessary expenses.

• The team declares itself to be a semiprofessional team.

– Outcome: Amateur team

Name That Team!

• Sarah is a member of the Louisville Sluggers.

• She receives only actual and necessary expenses.

• The team declares itself to be a professional team.

– Outcome: Professional team

Name That Team!

• Joe plays basketball for the Hoboken Circumnavigators.

• He receives more than actual and necessary expenses.

• The team declares itself an amateur team.

– Outcome: Professional Team

PSA/SA Involvement with Professional Teams

• No agents or agreements to be represented by an agent.– Orally or in writing

– For now or for at a future date

• If agency contract does not apply to a specific a sport or sports, it applies to all sports, and the individual is ineligible in all sports.

• Before initial, full-time collegiate enrollment, a PSA may…

– Accept up to actual and necessary expenses to participate on a professional team.

– Sign a contract to play professional athletics.

– Compete on a professional team.

Bylaw 12.1.3.1

Ham Porter

• A talented prospect, and played baseball on the “Sandlot” his entire life.

• Graduated from high school in May 2011.

• Signed a contract and competed on a Minor League Baseball Rookie team for a year.

• Received only travel and housing expenses.

Can Ham play baseball at a DIII institution for 2012-13?

Yes. Before initial enrollment, an individual can be a member of a professional team as long as he or she did not receive more than actual and necessary expenses.

After Initial, Full-time Collegiate Enrollment: SA may…

• Try out with a professional team or permit a professional team to conduct medical examinations at any time outside the playing and practice season (Bylaw 12.2.1.1);

• Receive actual and necessary expenses related to a tryout as long as it does not exceed 48 hours (Bylaw 12.2.1.1);

• Practice with a professional team, but may not receive expenses, enter into a contract/agreement, or participate in competition as a representative of a professional team (Bylaw 12.2.2).

• After initial, full-time collegiate enrollment, a SA may…

– Inquire about his/her eligibility for a professional draft or request information about his/her market value (Bylaw 12.2.4.1);

– Enter a professional league draft one time during his/her collegiate career (Bylaw 12.2.4.2.1);

• After initial, full-time collegiate enrollment, a SA may…

– Enter into negotiations with a professional sports organization. (12.2.4.3)

• Lawyers and financial or personal advisors (12.3.2) . Educational Column, 6/17/11

Sam “Mayday” Malone

• Current DIII baseball SA at Cheers College.

• Participated in a one-day tryout with the Boston Red Sox during his DIII team’s bye-week.

• Paid his own expenses.

• Did not sign a contract with the Red Sox.

Has Sam jeopardized his eligibility by participating in the tryout?

Yes. Sam has jeopardized his eligibility because the tryout occurred during his team’s playing and practice season.

• Amateurism legislation is sport-specific.

– A SA may be professional in one sport, and may represent a member institution in a different sport. (Bylaw 12.1.2)

Sport-Specific Amateurism Legislation

Bo Knows…

• He is a DIII football and baseball SA. • He will graduate in May 2012.• He has signed a contract to play in the

NFL after graduation.

• He wants to play DIII baseball for the 2012 spring term, but he doesn’t know if he is eligible to participate since he signed an NFL contract. Can he?

Bo Knows…

Yes. Bo now knows he is eligible in baseball because he only signed a professional contract in football.

Sports Considered the Same for Amateurism Purposes

Track and FieldCross Country Road Racing

SkiingBiathlon

Volleyball Sand Volleyball

RifleShooting Disciplines

of Pistol/Shotgun

TriathlonTrack and FieldCross Country

Swimming

SoccerIndoor Soccer

Sports Considered Different for Amateurism Purposes

Race Walking Track and Field and/or Cross Country

Rugby Football

MMA* Wrestling*

Official Interpretation 11/05/2008

Professional Potpourri

• International Teams.

• Major Junior Ice Hockey.

International Club Teams

• International club, university or league teams are often affiliated with professional sports organizations.

• An institution should take the same steps to determine if an international club team is professional or amateur.

Again, refer to the ways that an organized team can trigger the definition of a professional team.

• During the summer after his sophomore year at your institution, Derek competes as a member of the Spanish soccer team Dribbles Real.

• Dribbles Real is a part of Liga Mejor, the junior-level development league for España Suprema, the premier professional league in Spain.

• The most talented Liga Mejor players are often scouted and asked to join España Suprema, where they sign contracts and are paid a salary.

• Derek and all his teammates live in efficiency apartments provided by Dribbles Real and are given a stipend that covers three meals a day.

• The team is also provided a bus pass for travel to weekly contests against Liga Mejor teams in other towns.

• Sometimes Derek’s team is short of players. When this happens, a player from a España Suprema team is asked to compete, as one of the requirements in his professional contract.

• After a year competing with Dribbles Real, Derek decides to enroll at your institution to pursue a degree. When he arrives, is he eligible?

No. Derek is going to have amateurism problems.

• After initial enrollment, Derek is only able to play on an amateur team as long as he and his teammates don’t receive any benefit beyond actual and necessary expenses.

• The España Suprema player is a professional athlete, so the moment he competes with the team, the team becomes a professional team.

Major Junior Ice Hockey

• Relevant Legislation:

– Bylaw 12.2.3.2.4 (Major Junior Ice Hockey).

– An individual who participates on a Major Junior ice hockey team shall be subject to the seasons of participation regulations set forth in Bylaw 14.2.4.3, regardless of when such participation occurs (including participation during high school enrollment). (Revised: 1/13/03, 1/12/04 effective 8/1/04 for any athletics participation occurring on or after 8/1/04, 4/21/04, 7/7/11).

• Distinguishing the differences between Major Junior ice hockey and Junior A ice hockey.

• “Major Junior A” ice hockey no longer exists. – ER-2011-10

• Major Junior ice hockey.– Primary tier of Canadian Hockey League.– Considered a professional league, per NCAA

legislation.

• Junior A ice hockey.– Secondary tier of Canadian Hockey League.– Considered an amateur league, per NCAA legislation.

Aaron is a men’s ice hockey player at Mightyville College (DIII). After the season ends, he wants to get some extra practice time in by skating with the local Major Junior team, the Ducktown Ice Bullets. Is he able to do this without endangering his eligibility?

Yes. A student-athlete can practice with a major junior ice hockey team, but cannot compete as a representative of the major junior team (including exhibitions or scrimmages).

– Official Interpretation July 22, 1993, “Participation’ on Major Junior- A ice hockey team.”

• Keith plays Major Junior hockey for the Ottawa Ice Picks during 2006-2007 and 2007-2008.

• He graduates high school in June 2007.

• Keith enrolls at a Division III member institution in the fall of 2009

• What is his status?

Major Junior Ice Hockey• Based on his participation for two years in

Major Junior hockey, Keith would lose two seasons of participation.

• Keith also must sit out for one academic year in residence prior to being eligible to compete at the Division III institution.

• It does not matter that he was in high school during one of the years he played for the Ice Picks.

– Educational Column April 27, 2010: “Major Junior A Hockey Participation Impact on Division III Eligibility Status (III).”

Major Junior Ice Hockey• Sid plays for the Niagara Freeze, a Major Junior team,

for a year before starting college at Puckfree State University, a DIII institution.

• After he enrolls, Sid realizes that Puckfree State doesn’t have an ice hockey team. He finishes his school year and now plans to transfer to the school across the street, Puckfull College.

Major Junior Ice Hockey• When Sid arrives at Puckfull, he is told that he loses

one season of participation and will have to sit out for a year.

• Sid tells the coach that he has already sat out for a year at Puckfree State, he thinks he can play right away.

– Is Sid right, or is he getting benched?

Sid is on the bench. If a student-athlete must serve a year in residence due to competition in Major Junior hockey, the institution where the student-athlete sits out must sponsor intercollegiate ice hockey.

– Staff Interpretation April 28, 1993: “Major Junior-A ice hockey player petitioning for restoration of eligibility.”

Best Practices

• What steps should an institution take to determine a PSA’s involvement with amateur or professional teams?

• Four-step process:– Voluntary disclosure.

– Background checks.

– Follow-up.

– Analyze and decide.

Best Practices

• Step 1: Encourage voluntary disclosure.– Comprehensive questionnaires.

– Post-questionnaire interviewing.

• Resources:– NCAA Eligibility Center.

– Conference.

– Other institutions.• NADIIIAA listserve.

Best Practices

• Step 2: Conduct thorough “background checks” through independent research of PSAs athletics activity.

• Resources: – Team websites – rosters, mission statements,

press releases.– Search engines and knowledge bases (e.g.,

Google, Wikipedia) .– Media Alerts.– Translation services

Best Practices

• Step 3: Follow-up on disclosed or discovered information.

• Resources:– Direct correspondence.– Telephone conversations.– Objective evidence:

• Receipts.• Travel itineraries.• Bank statements.

Best Practices• Step 4: Make a final determination as to

whether the PSA has violated the amateurism legislation.– Determine if reinstatement is needed.– Research reinstatement cases on LSDBi to

determine whether reinstatement is plausible.

• Steps also work with current SAs.• Use start-of-year and pre-vacation period

reminders.• Don’t forget about the outside competition

legislation in Bylaw 14.7…– Additional violations may cause ineligibility.

Questions?

DIII Amateurism Professional Involvement Kristin Nesbitt Jean Orr June 4, 2012.

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