Amateurism Policy news and props.
Proposal 2009-22 progress in 2010 and commentary here.
UPDATE III: As anticipated, Proposal 2009-22 was adopted (note: Prop. 2009-22 amendments vote tally; pp 4, 9, 10) last Thursday, January 14, 2010, by the DI Legislative Council, pending Board of Directors review. There were significant last minute amendments pertaining to the effective date for tennis SAs, now set for Aug. 1, 2011, and the exclusion of skiing from the scope of the proposal.
Prior to the Legislative Council’s voting sessions, there were some additional concerns expressed by stakeholder groups, such as the American Swimming Coaches Association (p.15; Skiing Committee’s position on pp 21-22), recommending defeat or exclusion from the scope of the proposal.
Congratulations to all involved in passing this important legislative piece. During the seven months leading to Aug. 1, 2010 (effective date but for tennis SAs), a broad and in-depth membership educational effort will be needed for coaches, compliance staff, and other athletics administrators to fully realize recruiting opportunities and prepare for new challenges in this evolving era. As elaborated below, more “difference-makers” will be within coaches’ recruiting plans, thus an expansive research effort and cooperation between all constituents will be necessary to retrieve good data and as much sport-specific, case-by-case, useful information as possible on, e.g. allowable actual and necessary expenses in each region and sport.
Many PSAs, especially international prospects, and their families will be relieved to read these lines, as will be the several coaches, compliance personnel, and athletic directors who observed SAs serving withholding conditions and sitting out games due to the fact they played at a high level of competition, albeit without compensation, contracts, or agents, rather due to their country of origin sport system structure. The “no more vicarious professionalization” message disseminated by the membership, through the Amateurism Cabinet, to the Legislative Council, Board of Directors, and back to the membership soon, needs to be greatly valued, and constantly monitored in regard to abuses and possible attempts to circumvent its spirit. Abuses may entail not disclosing important financial data pertaining to PSAs preenrollment participation on high level club teams, or even more alarmingly, not making an effort to investigate and document the true value of, e.g. an IPSAs preenrollment participation in a top-level league or event in their country and region of origin. That is, IPSAs may very well be within the coverage of Prop. 2009-22 by merely playing on the top professional competition in their country and continent, however they may also go beyond the threshold (see below) because they received above and beyond permissible expenses under Bylaw 12. Hence, consistent research by this Faculty group and collaboration between member institutions, conferences, Amateurism Certification and Eligibility Center staff, SAR and Enforcement staff, and hopefully international sport federations and regional sport governing bodies, will allow for a clearer picture in a currently murky plane for recruiting coaches, administrators, and most importantly PSAs and their families. Figures are going to be needed, and data-driven policy is best attained through research such as the one this Faculty-Industry collaborative introduced years ago as elaborated below. Such collaborative research and policy-drafting projects need to carry on the efforts for balanced and informed policy and continued expansion of opportunities at trying times for PSAs and families all over the globe, for the utility and benefit of all involved in a fair manner.
Coaches, you may now seek your “difference-makers”… and please behave.
UPDATE II: As requested by USA Hockey and the entire US Hockey community (see Update I below), the DI Amateurism Cabinet agreed to exclude men’s ice hockey from Proposal 2009-22 in regard to involvement with professional teams prior to collegiate enrollment. The concerns of the US Hockey community are important to note and on several points may be shared by other team sports. The Cabinet’s 9/24 meeting report is available here.
UPDATE I:
In view of the DI Amateurism Cabinet’s September 24th meeting, it is worth perusing the official opposition to Proposal 2009-22 (analyzed below) by USA Hockey, which is found here, and an official position by the Women’s Water Polo Committee for inclusion in Bylaw 14.2.3.2 (along with tennis, swimming and diving).
New 2009-2010 legislative cycle NCAA policy proposals — The reconsideration of the withholding conditions for preenrollment amateurism violations for participation on professional teams
Five years after the doctoral dissertation research found herein, and related articles promoting the reconsideration of withholding conditions for prospective student-athletes who did not compromise their amateur status other than participating on teams deemed professional (i.e. their teammates rather than themselves receiving above and beyond permissible expenses or having contracts and professional agreements in violation of Bylaw 12), the contributors of this research need to feel excited and justified at the announcement of NCAA Division I Proposal 2009-22, which is attached below in its entirety.
For general reference and other issues of interest in regard to 2009-2010 NCAA Division I legislative proposals, refer to the complete publication as of August 14, 2009.
For the current 2009-2010 DI Manual refer to the full pdf.
Barring an override, and considering the heretofore unanimous position of the Amateurism Cabinet, as well as the broad acceptance of this policy direction by the DI membership, it is expected this proposal will pass and beginning August 1st, 2010, prospective student-athletes’ cases will be treated through this new standard, allowing for competition on the top-professional levels (i.e. professional leagues in soccer, basketball, etc in Europe), as long as they did not jeopardize their amateur status by receiving more than the allowable actual and necessary expenses under 12.02.4 (a) .
What has been somewhat intriguing, impressive even for the contributors of this research and longtime advocates of such policy directions, and perplexing to the level of concern on practical enforceability, is the proposal’s (2009-22) amendment of 12.2.5, under which: “…Prior to initial full-time collegiate enrollment, an individual may enter into an agreement to compete on a professional team (per Bylaw 12.02.4), provided the agreement does not allow for receipt of more than actual and necessary expenses to participate on the team.” The concern lies in the fact contracts/participation agreements from overseas signed by youngsters would rarely feature precise amounts of compensation in most cases, and a lot of the money involved is referred to as “black” money, i.e. appearing nowhere on the official record-keeping books of clubs, in order to avoid taxation and other state/professional leagues’ intervention (increase in the sums clubs have to provide as down payments in order to be licensed to participate on the professional level, frequently up to 10% of the total “declared” budget of the team).
It could be said that this new direction is rational and practical by NCAA governance… possibly even to a fault. Indeed, it makes absolute sense and within perfect reason to allow contractual agreements for a year post-HS graduation when such contracts would not pertain to compensation above the allowable limits generally and broadly set by 12.02.4. Again, the fear is that it may become considerably burdensome for recruiting coaches and institutions, as well as Amateurism Certification staff, to try and recoup all pertinent contractual documents and calculate the actual and necessary expenses against any sums mentioned in the contract, let alone against any sums that may later surface from further research, usually via competing “whistle-blowing” institutions’ due diligence. Then again, this involved and time-consuming research is now taking place anyway, plus the prospects that are in the favorable “prior to the first opportunity to enroll” phase still are treated with withholding conditions, which Proposal 2009-22 now officially, and fairly, reconsiders.
Still, combined with the fact Proposal 2009-22 creates a broader application of a “testing-the-professional-waters” period up to a year post-HS graduation, certain critics and speculators may argue that this may lead to the creation of a new pro-am reality in sports such as basketball, where professional teams would sign players for sums which would not go beyond the permissible amounts allowed under 12.02.4 per situation, hoping they would eventually yield a solid return on their meager investment. Concurrently, young players would feel they are giving it their all to make it to these professional teams’ final rosters, eventually landing good contracts, so they would not have to worry about taking up an offer for an intercollegiate athletics career and the more conservative (and definitely less lucrative) route of the university scholarship. Should they fail in this “professionalization” attempt, they can always take up the scholarship offer. This is a problem, which has been dealt by the membership in the past under the scope of early 2000s amateurism deregulation proposals (see pertinent scholarship in the articles’ section) on preempting “failed professionals”, and it might just render the Association’s defenses (below) of amateurism less convincing.
Perhaps the most alarming of concerns comes in view of past, current, and ensuing litigation (see research updates and articles in press for more). That is, amateurism in its most conservative interpretation has traditionally been the most successful defense weapon in antitrust cases and other suits the Association has been confronted with, and consistently won (and in select cases settled). At times of new political realities, economic paradigm shifts, and whilst state and Fed. District Ct. judges continue to make statements of their wishes on policy matters, any “extreme” turn or bend of amateurism policy might be used against the Association, and perhaps difficult to defend at times, or at least more difficult than in the past.
Hence, this research group’s position is that the reconsideration of the withholding conditions for prospects who participated on professional teams prior to enrollment, and who did not otherwise compromise their amateur status under Bylaw 12 and specifically 12.02.4 (a), was brilliant, inspired, an outstanding shift in policy, and a clear indication that knowledgeable members of governance bodies are indeed in touch with reality and in tune with the membership’s concerns. Considering this research stream’s contributions and past policy discussions with higher level stakeholders of the Association, in member conferences, and on key positions of influence for the membership, this reconsideration has been indeed long-time coming. The coaches and student-athletes that were hit with such conditions, up to losing a full year of intercollegiate athletics eligibility, should have a bittersweet, yet distinct feeling of vindication nonetheless. On the other hand, the risky extension of new policy encompassing contracts post the first opportunity to enroll may open up certain Pandora’s boxes in the US system of Jurisprudence that the truly gifted, thoughtful, and sensitive to the needs of student-athletes and member institutions sponsoring actors of this legislation might not have foreseen. Thus, by the end of October 2009 a minor adjustment by the sponsors of Proposal 2009-22 might be forthcoming. Undoubtedly, the membership will possess the fundamental preemptive sensitivity and demonstrate forecasting ability on what might become a contentious issue at a later point, if not soon.
This is precisely where academic contributions and legal-policy analyses from colleagues are needed, and truly necessary. Commentary invited both herein, and in the usual targets of academic scholarship.
The body of Proposal 2009-22 below:
Adopted, Pending Potential Board of Directors Consideration Process Diagram
In sports other than men’s ice hockey and skiing, to specify that prior to initial full-time collegiate enrollment, an individual may enter into an agreement to compete on a professional team and compete on a professional team, provided the agreement does not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team; further, in sports other than men’s ice hockey, skiing, tennis, swimming and diving and women’s volleyball, to specify that a student-athlete who does not initially enroll full-time in a collegiate institution within one year (six months for tennis) or the next opportunity to enroll following the high school graduation date of the prospective student-athlete’s class and participates in organized events after the specified time period shall be charged with a season of intercollegiate competition for each year of participation and shall fulfill an academic year in residence (one year for each year of competition in tennis) on matriculation at the certifying institution before being eligible to represent the institution in intercollegiate competition.
Amend 12.1.2, as follows:
12.1.2 Amateur Status. An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:
[12.1.2-(a) through 12.1.2-(b) unchanged.]
(c) Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received, except as permitted in Bylaw 12.2.5.1;
[12.1.2-(d) unchanged.]
(e) Competes on any professional athletics team per Bylaw 12.02.4, even if no pay or remuneration for expenses was received, except as permitted in Bylaw 12.2.3.2.1;
[Remainder of 12.1.2 unchanged.]
Amend 12.2.3.2, as follows:
12.2.3.2 Competition with Professionals. An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team (per Bylaw 12.02.4) in that sport. However, an individual may compete on a tennis, golf, two-person sand volleyball or two-person synchronized diving team with persons who are competing for cash or a comparable prize, provided the individual does not receive payment of any kind for such participation.
12.2.3.2.1 Exception — Competition Prior to Initial Full-Time Collegiate Enrollment — Sports Other Than Men’s Ice Hockey and Skiing. In sports other than men’s ice hockey and skiing, prior to initial full-time collegiate enrollment, an individual may compete on a professional team (per Bylaw 12.02.4), provided he or she does not receive more than actual and necessary expenses to participate on the team.
[12.2.3.2.1 through 12.2.3.2.4 renumbered as 12.2.3.2.2 through 12.2.3.2.5, unchanged.]
Amend 12.2.5, as follows:
12.2.5 Contracts and Compensation. An individual shall be ineligible for participation in an intercollegiate sport if he or she has entered into any kind of agreement to compete in professional athletics, either orally or in writing, regardless of the legal enforceability of that agreement.
12.2.5.1 Exception — Prior to Initial Full-Time Collegiate Enrollment — Sports Other Than Men’s Ice Hockey and Skiing. In sports other than men’s ice hockey and skiing, prior to initial full-time collegiate enrollment, an individual may enter into an agreement to compete on a professional team (per Bylaw 12.02.4), provided the agreement does not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team.
[12.2.5.1 renumbered as 12.2.5.2, unchanged.]
Amend 14.02, as follows:
14.02 DEFINITIONS AND APPLICATIONS
[14.02.1 through 14.02.8 unchanged.]
14.02.9 Organized Competition. Athletics competition shall be considered organized if any one of the following conditions exists:
(a) Competition is scheduled and publicized in advance;
(b) Official score is kept;
(c) Individual or team standings are maintained;
(d) Official timer or game officials are used;
(e) Admission is charged;
(f) Teams are regularly formed or team rosters are predetermined;
(g) Team uniforms are used;
(h) A team in privately or commercially sponsored; or
(i) The competition is either directly or indirectly sponsored, promoted or administered by an individual, an organization or any other agency.
[14.02.9 through 14.02.13 renumbered as 14.02.10 through 14.02.14, unchanged.]
Amend 14.2.3, as follows:
14.2.3 Criteria for Determining Season of Competition.
[14.2.3.1 unchanged.]
14.2.3.2 Delayed Enrollment – Seasons of Competition.
14.2.3.2.1 Sports Other Than Men’s Ice Hockey, Skiing and Tennis, Swimming and Diving and Women’s Volleyball. A In sports other than men’s ice hockey, skiing and tennis, a student-athlete who does not enroll in a collegiate institution as a full-time student in a regular academic term during a one-year time period after this or her high school graduation date or the graduation date of his or her class (as determined by the first year of high school enrollment or the international equivalent as specified in the NCAA Guide to International Academic Standards for Athletics Eligibility and based on the prescribed educational path in the student-athlete’s country), whichever occurs earlier, shall be subject to the following:
(a) The student-athlete shall be charged with a season of intercollegiate eligibility for each calendar year after the one-year time period (the next opportunity to enroll after one calendar year has elapsed) and prior to full-time collegiate enrollment during which the student-athlete has participated in organized eventscompetition per Bylaw 14.2.3.5.3 14.02.9.
(b) After the one-year time period, if the student-athlete has engaged in events competition per Bylaw14.2.3.5.3 14.02.9, on matriculation at the certifying institution, the student-athlete must fulfill an academic year in residence before being eligible to represent the institution in intercollegiate competition.
14.2.3.2.2 Tennis. In tennis, a student-athlete who does not enroll in a collegiate institution as a full-time student in a regular academic term within six months (or the first opportunity to enroll after six months have elapsed) after his or her high school graduation date or the graduation date of his or her class (as determined by the first year of high school enrollment or the international equivalent as specified in the NCAA Guide to International Academic Standards for Athletics Eligibility and based on the prescribed educational path in the student-athlete’s country), whichever occurs earlier, shall be subject to the following:
(a) The student-athlete shall be charged with a season of intercollegiate eligibility for each calendar year after the six-month period has elapsed (or the next opportunity to enroll) and prior to full-time collegiate enrollment during which the student-athlete has participated in organized competition per Bylaw 14.02.9.
(b) After the six-month period, if the student-athlete has engaged in organized competition per Bylaw 14.02.9, on matriculation at the certifying institution, the student-athlete must fulfill an academic year in residence for each calendar year after the six-month period has elapsed (or the next opportunity to enroll) and prior to full-time collegiate enrollment during which the student-athlete has participated in such competition before being eligible to represent the institution in intercollegiate competition.
14.2.3.2.2.1 Matriculation After 20th Birthday — Tennis. In tennis, a student who is eligible under Bylaw 14.2.3.2.2, but who participates in organized tennis events after his or her 20th birthday and before full-time enrollment at the certifying institution shall be subject to the following:
(a) The student will be charged with one season of intercollegiate tennis competition for each calendar year after his or her 20th birthday and prior to full-time enrollment at the certifying institution during which the student-athlete has participated in organized tennis eventscompetition per Bylaw 14.2.3.5.3 14.02.9. [Note: This includes participation in intercollegiate tennis while enrolled full time in another two-year or four-year institution; however, this provision replaces the season of competition counted in Bylaw 14.2 (only one season is used in any one year).]
(b) Upon matriculation at the certifying institution, the student-athlete must fulfill an academic year in residence before being eligible to represent the institution in intercollegiate tennis, unless the student transfers to the certifying institution with a minimum of 24 semester hours (or equivalent) of transferable degree credit. (Note: All other NCAA transfer and academic eligibility requirements apply.)
14.2.3.2.23 Exception — Olympic Games, Pan American Games, World Championships, World Cup and World University Games Participation. Participation in the Olympic Games, Pan American Games, World Championships, World Cup and World University Games is exempt from application of Bylaws Bylaw 14.2.3.2and 14.2.3.2.1.
[14.2.3.3 through 14.2.3.4 unchanged.]
14.2.3.5 Participation After 21st Birthday – Men’s Ice Hockey and Skiing. In sports other than tennis, swimming and diving and women’s volleyball men’s ice hockey and skiing, any participation as an individual or a team representative in organized sports competition by a student during each 12 month period after the student’s 21st birthday and prior to initial full-time enrollment in a collegiate institution shall count as one year of varsity competition in that sport. Participation in organized competition during time spent in the U.S. armed services shall be expected. (Note: In swimming and diving, and women’s volleyball, Bylaw 14.2.3.5 applies to a student-athlete who is not subject to Bylaw 14.2.3.2. If a student-athlete triggers both Bylaws 14.2.3.2 and 14.2.3.5, only Bylaw 14.2.3.2 applies.)
14.2.3.5.1 Track and Field and Cross Country. A prospective student-athlete who participates in outside competition after the student’s 21st birthday and prior to initial full-time enrollment in a collegiate institution during a cross country, indoor track and field or outdoor track and field sports season (as opposed to general road racing events) would be charged with at least one season of competition in the sport in which the student participated.
14.2.3.5.2 Road Racing. A prospective student-athlete who participates in road racing activities after the student’s 21st birthday and prior to initial full-time enrollment in a collegiate institution shall be charged with at least one season of competition in each of the sports of cross country, indoor track and field and outdoor track and field.
14.2.3.5.3 Organized Competition. Athletics competition shall be considered organized if any one of the following conditions exists:
(a) Competition is scheduled and publicized in advance;
(b) Official score is kept;
(c) Individual or tam standings are maintained;
(d) Official timer or game officials are used;
(e) Admission is charged;
(f) Teams are regularly formed or team rosters are predetermined;
(g) Team uniforms are used;
(h) A team is privately or commercially sponsored; or
(i) The competition is either directly or indirectly sponsored, promoted or administered by an individual, an organization or any other agency.
[14.2.3.6 unchanged.]
NCAA Division I Amateurism Cabinet
For all provisions other than section E, as it relates to tennis: August 1, 2010; applicable to student-athletes who initially enroll full time in a collegiate institution on or after August 1, 2010. For section E as it applies to tennis: August 1, 2011, applicable to student-athletes who initially enroll full time in a collegiate institution on or after August 1, 2011.
Amendment
Amateurism
Prior to initial collegiate enrollment, it is more equitable to determine eligibility based on the circumstances as they relate to the individual prospective student-athlete, as opposed to his or her teammates. This revision would alleviate the situation in which a prospective student-athlete’s eligibility is jeopardized due to a teammate receiving remuneration above actual and necessary expenses, even though the prospective student-athlete may be unaware of this arrangement and does not receive more than actual and necessary expenses for participation on the team. Under this approach, an institution would no longer be required to determine whether a team is considered professional. Instead, the focus would be on the individual’s specific circumstances and eligibility would be assessed using the threshold of receipt of more than actual and necessary expenses. The competitive equity issues related to participation in organized competition would be addressed by applying the delayed enrollment seasons of competition legislation, which currently apply only to tennis, swimming and diving, and women’s volleyball, to all sports other than men’s ice hockey. For tennis, the decrease in the length of time during which prospective student-athletes may compete in organized tennis will place emphasis on the importance of academics and level the playing field by ensuring relatively similar competitive opportunities prior to college.
After reviewing feedback from the men’s ice hockey community, the Amateurism Cabinet agreed that the legislative changes included in the proposal would be detrimental to men’s ice hockey prospective student-athletes, to Division I institutions that sponsor men’s ice hockey and to the performance of United States national teams. If the proposal were adopted with men’s ice hockey included, many more prospective student-athletes would likely elect to participate in Major Junior A hockey prior to initial collegiate enrollment. They would likely jeopardize their eligibility status by being influenced to accept more than actual and necessary expenses, to sign with an agent, or to sign a professional contract. Further, participation in Major Junior A hockey would likely be detrimental to prospective student-athletes’ academic success given the demands of participation in that league. In addition, it is very common for men’s ice hockey prospective student-athletes to compete in junior hockey for more than one year after high school graduation and before initial collegiate enrollment. Positive Academic Progress Rates (APR) in the sport may be attributed to the maturity level of incoming student-athletes and the fact that the those who elect not to participate in Major Junior A hockey have a clear commitment to earning a college degree.
Potential cost savings in amateurism certification process.
None.
Men’s and Women’s Skiing Committee The committee opposes the proposal due to the potential significant negative impact on skiing student-athletes. Currently, most prospective student-athletes that take more than one year off after high school graduation are the very best in their respective countries and almost always on their National Teams. These athletes are delaying their college enrollment in hopes of Olympic or World Championship opportunities. The potential impact of this legislation would be to have the very best young skiers across the world who have taken that second year off from college enrollment lose one year of eligibility and also have to fulfill a year of residence on enrollment. The reality of this would be a two year “side-track” for those athletes who truly will make up the future of the sport (one year while they fulfill a year of residence and the another year once their eligibility has expired and they are trying to finish their degrees). The current 21st birthday rule allows the top athletes an extra year or two out of high school to pursue those hopes without penalty. If they choose to delay enrollment past their 21st birthdays they simply lose years of eligibility, but to also make them fulfill a year of residence seems to be punishing them for pursing a dream. In fact, the individuals who do matriculate in college and ski at the NCAA level are not sponsored athletes and their respective national governing bodies expect them to pay for their athletic experiences while on the lower rungs of the national team systems. Therefore, to also lose eligiblity would be a double punishment.
| Jun 22, 2009: | Submit; Submitted for consideration. |
| Jun 23, 2009: | Amateurism Cabinet, Sponsored |
| Sep 25, 2009: | Amateurism Cabinet, Modified the Proposal; Modified to exclude men’s ice hockey from its application. |
| Oct 16, 2009: | Men’s and Women’s Skiing Committee, Recommends Defeat |
| Jan 13, 2010: | Leg Council Init Review, Amended the Proposal; Approved an amendment to delay the effective date of section E as it applies to tennis to August 1, 2011, applicable to student-athletes who initially enroll full time in a collegiate institution on or after August 1, 2011. |
| Jan 13, 2010: | Leg Council Init Review; Initially agreed to forward for membership review and comment. |
| Jan 14, 2010: | Leg Council Init Review, Approved a Motion to Reconsider |
| Jan 14, 2010: | Leg Council Init Review, Amended the Proposal; Approved an amendment to exclude skiing from the application of the proposal. |
| Jan 14, 2010: | Leg Council Init Review, Adopted; Pending Possible Board of Directors Review |