WELCOME to the 2008 Fall Compliance Corner!

Welcome to Compliance Corner – the official WBCA publication for Division I legislation! In collaboration with the NCAA membership services staff, this publication will be distributed on a quarterly basis and will contain NCAA Division I legislative news and notes affecting women’s basketball, recruiting basics, questions from our coaches, and other legislative information you need to know. The primary purpose of this publication is to help our coaches navigate the complexity of NCAA legislation and serve as a quick and convenient reference. Previous issues of Compliance Corner can be found on our website, wbca.org, under DI Legislation. Feel free to offer any suggestions or feedback to make this tool more useful. We encourage you to contact your compliance officers on campus with any questions. We are just coming off of a fantastic Board of Directors meeting and want to thank each and every one of you for all of your support of the WBCA and to the women’s basketball game. Let’s keep this wonderful game growing.

Thank you,
WBCA

Division I Survey

• The WBCA is considering surveying all Division I institutions for feedback relating to summer access, summer school, summer evaluation periods and recruiting. The survey would be used to help structure a new women’s basketball model for consideration and possible legislative proposals in the future. The WBCA has not surveyed the membership in 3 years and would coordinate the effort through the Conference Captains program during the Foresight Committee process. Please stay tuned for more information!

NCAA Reorganization of the Governance Structure

• In November 2007, the NCAA Division I Board of Directors approved a reorganization of the Division I governance structure that takes effect September 2008. Under the Board of Directors, replacing the role of the NCAA Management Council is the Leadership Council and the Legislative Council. The Leadership Council will retain much of the former Management Council’s jurisdiction, except legislation. The Legislative Council will service as the primary legislative body in Division I subject to Board direction and review.

New Legislative Proposals

• July 15 was the deadline for conferences to submit proposed legislation into the legislative cycle. There were approximately 66 Division I proposals with approximately two (2) being women’s basketball specific. Proposals are posted in the Publication of Proposed Legislation (POPL) on the NCAA website on the legislative actions and issues page and individually through the Legislative Services Database for internet (LSDBi). Women’s basketball related proposals are also posted on wbca.org for all divisions. See the For Your Information below for the 2008-09 newly submitted women’s basketball related proposals.

• On September 15, 2008, the WBCA Foresight Committee will convene by conference call for the third year of the new legislative process. Please prepare any issues that need to be brought forward through the WBCA Foresight Process for discussion on the conference call that each Conference Captain will have with their respective conferences. Issues are then discussed throughout the season and then there is an open forum during the WBCA National Convention Division I Business Meeting prior to an electronic vote taken on all of the issues in the afternoon session.

• The WBCA Foresight Committee is comprised of WBCA Division I Conference Captains and the WBCA Division I Board of Directors. Any issues that a coach would like to be brought up in front of the WBCA Membership at the National Convention should be submitted through the respective Division I Conference Captain. All issues must be submitted to the WBCA by October 15, 2008.

• This past year the WBCA added a new submission window towards the end of the season for any issues that may come up over the course of the season. These issues, as well as any Head Coach wanting to transfer their voting rights, are due to the WBCA by March 19, 2009.

• During their August meeting, the WBCA Board of Directors recommended some changes that will be further discussed throughout the Foresight Committee. A concern that was discussed was the WBCA support behind issues that received 60-69% support from the WBCA membership and the importance of conference office communication. Any changes in the WBCA Foresight Committee will be communicated through the proper channels to all WBCA membership.

Three-Minute Trigger for Telephone Calls

• The following is an excerpt from an NCAA Membership Services and Enforcement document shared with coaches associations and the NCAA membership. Please read the whole document, which can be found on wbca.org on the Division I Legislative page. In the last two years, the enforcement staff processed three major infraction cases involving telephone calls made by coaching staff who did not maintain logs/records. Rather than assume any call, regardless of length, established contact with the prospect, the enforcement staff used a three-minute threshold to determine when a contact occurred. Any call after that contact was assumed a violation. It has come to the staff’s attention that some in the membership have taken the staff’s discretion exercised in a handful of cases as legislating a minimum time period for what triggers a countable contact. The staff reserves the discretion to analyze and evaluate each individual case it processes but wants to make clear that there is not a “three-minute rule.” The starting point for the staff’s analysis will consider every call a countable telephone contact. Therefore, any call after the permissible call is made to a prospect is presumably a violation.

NCAA Playing Rules Book – Shelf Life Extended

• The NCAA Playing Rules Oversight Panel (PROP) has adopted a two-year cycle for playing-rules committees that inks changes in the books more indelibly than in the past. This initiative allows committees to be more deliberate, to communicate and collaborate more efficiently with the membership, and to adopt proposals that truly are in the best interests of the game. For basketball, rules changes implemented in 2009 will be in effect for two years, until 2011.

Questions from Our Coaches

Q:  I just came off the road from the July evaluation period and it appeared that some institutions had four coaches out at the same time.  Is this allowed?
A:  Yes, but only three (3) coaches can actually be recruiting at one time.  It is permissible for a coach to leave campus to engage in off-campus contact or evaluation before another coach who is off campus actually returns to campus, provided the total number of coaches recruiting on behalf of the institution at any time do not exceed the permissible number (i.e., three).  The coach being replaced must complete his or her recruiting activities before another coach may begin any off-campus recruiting activity.  Further, the replaced coach may not engage in additional recruiting activities until after he or she has returned to the institution's campus (Bylaw 11.7.4.3).

Q:  We have a transfer who hasn’t started classes yet this summer, but is living here with her aunt.  She isn’t using the strength and conditioning center, but is she allowed to use our training room and athletic trainer for rehab?
A:  Bylaw 13.2.6 clearly states that a prospect who is enrolled in the institution’s summer term prior to the student’s initial, full-time enrollment at the certifying institution may be provided academic support services by the institution and also may use the institution’s training room facilities.  The legislation does not have a condition that the prospect is “attending classes”.  Therefore, it may be permissible for the institution to provide access to the athletic training room before summer classes actually start but that must be in a way that does not compromise the intent of the rule.  Please make sure to involve your compliance person on this issue.  Your compliance office is going to have to be involved to make sure that the intent of “enrolled” under legislation is not compromised.

Q:  While checking some institutions’ websites to see what kind of creativity they had in putting together highlight films,  I did not think there could be charter airplanes, pregame meals, and bus rides featured in a highlight video, but it seems like this may have changed based on what I saw.  Are schools still limited in the content of the highlight video?
A:  Yes, highlight videos are limited in content by Bylaw 13.4.2.1, however this legislation does not preclude the creation of other videos that may, for example, be posted on the website or developed for the general public.  If the video does not meet the criteria listed for the highlight video, the institution may still create it—it just can’t be showed to a psa.

Q:  Is it permissible to communicate to a prospective student-athlete through a webcam?  And if so, would this be consider a phone call?
A:  Yes, it is permissible to communicate with a psa through a webcam.  Based on the definition of a phone call, all electronically transmitted human voice exchange (including video conferencing and videophone) shall be considered telephone calls (Bylaw 13.02.14). Communication with a psa through a webcam would be considered a phone call and must be documented on your phone logs and not exceed the permissible number of phone calls you can make within a week.  Pursuant to Bylaw 13.1.3.2.2, if a prospective student-athlete initiates and pays the expenses of a telephone call (or videoconference), the call is not considered a countable telephone call.  However, if an institution's coach conducts a videoconference with a prospective student-athlete at the prospective student-athlete's high school and the prospective student-athlete uses the high school videoconference equipment at no cost, even if the prospective student-athlete initiates the call to the coach from the high school, the videoconference is considered a countable telephone call because the prospective student-athlete is not paying for the expense of the videoconference. 

Q:  I have a software program on my computer that, when I send emails, converts them to a text and sends it to peoples’ cell phones.  Is it ok to send an email to a prospective student-athlete that would be converted into a text?
A:  No, an Official Interpretation was issued on July 11, 2007 stating that the committee determined that it is not permissible for institutional staff members to use a service or software that converts electronic mail (e.g., e-mail) sent by an institutional staff member into a text message when received by the prospect (Bylaw 13.4.1.2). 

Q:  I have a prospective student-athlete coming on an official visit with her parents.  Is it a violation if I give the prospective student-athletes’ parents a ride from the airport (or bus station) to the institution, to eat, and back to the airport (or bus station)?
A:  No, new legislation was passed and became effect on August 1, 2008 permitting the parents or legal guardians of the psa to ride in an automobile driven by a coaching staff member for the purpose of providing ground transportation to a psa as part of an official visit [Bylaws 13.5.2.4 and 13.5.2.6 (b)]. 

Q:  I need to send an NLI to a prospective student-athletes’ high school.  Is it ok for me to send it to the attention of the prospective student-athletes’ high school coach so that he/she may deliver it to her?
A:  No, if an institution has a high school or junior college coach deliver the NLI to a psa, it triggers the assistance in the recruitment of a psa, and therefore conflicts with the representation of athletic interest by requesting or assisting (by the athletics department staff) to aid in the recruitment of a psa.  If you need to send an NLI to a psa’s high school, send it to the care of the Guidance Counselor and keep any athletic interest out of the process. [Bylaw 13.02.13 and Official Interpretation item o, 12/15/1983]

Q:  Is it ok for my secretary to take a call and answer any questions from a prospective student-athlete’s parent if the prospective student-athlete had not signed a National Letter of Intent?
A:  No, new legislation that was passed and became effect August 1, 2008 states that a noncoaching staff member may perform the functions set forth in Bylaw 11.7.1.2-(b), making telephone calls to or receiving telephone calls from a psa (or psa parents, legal guardians or coaches), after the calendar day on which the psa has signed a National Letter of Intent.  For an institution not using the National Letter of Intent in a particular sport, or for a psa who is not eligible to sign a National Letter of Intent, a coaching staff member may perform the functions set forth in Bylaw 11.7.1.2-(b) after the calendar day on which the psa signs the institution’s written offer of admission and/or financial aid (Bylaw 11.7.1.2.2).

Q:  Based on newly adopted legislation, what is the earliest time we can start practice?
A:  New legislation that came into effect on August 1, 2008 states that a member institution shall not commence on-court preseason basketball practice sessions prior to 5p.m. on the Friday nearest October 15.  The first day of practice this year would be October 17, 2008 at 5p.m. (Bylaw 17.5.2)

Q:  When is the first permissible date that I may schedule an exhibition game?
A:  Effective August 1, 2008,in women's basketball, the two basketball games exempted per Bylaws 17.5.5.3-(g) [foreign team in US], 17.5.5.3-(h)[USA Basketball Club Team] and 17.5.5.3-(i) may be played after the date on which an institution may commence on-court preseason practice (see question above) [Bylaw 17.5.3.1(b)].  Work with your compliance officer with regard to the number of contests that you may exempt from the overall contest limitations (Bylaw 17.5.5.3).    

Q:  What are the requirements for an incoming freshman to be eligible to practice and compete?
A:  In order for an incoming freshman to be eligible for practice and competition, she must be certified as a qualifier and receive a final certification of amateur status from the NCAA Eligibility Center.  If a recruited psa reports for athletics participation before the student’s academic or amateurism status has been certified, the student may practice but not compete, for a maximum period of 14 days.  If a nonrecruited psa reports for athletics participation before the student’s academic or amateurism status has been certified, the student may practice but not compete, for a maximum period of 45 days.  After either period, the student MUST have their academic and amateurism status certified in order to continue to practice and to be eligible to compete in any competition (Bylaw 12.1.1.1.3, 12.1.1.1.3.1, 12.1.1.1.3.2, 14.3.1, 14.3.5.1.1, 14.3.5.1.2).  Note that a 2008 blanket waiver has been granted permitting a student-athlete to continue practicing beyond the 14 and 45 day periods if the student-athlete is waiting on their AMATEURISM certification (not academic).  Contact your compliance officer for more information.

Q:  When can my team receive meals in conjunction with home competition?
A:  Your basketball team may receive meals at the institution’s discretion beginning with the evening before competition and continuing to the end of competition and release by institutional personnel.  [Bylaw 16.5.2-(d)-(2)]. 

Q:  When can student-athletes receive meals in conjunction with away-from-home competition?
A:  An institution may provide meals to student-athletes in conjunction with away from home competition pursuant to one of the following options:

1. All student-athletes are permitted to receive a pregame or postgame meal in addition to regular meals (or meal allowances per Bylaw 16.8.1.2.3).  An institution, at its discretion, may provide cash not to exceed $15, in lieu of a postgame meal. [16.5.2-(d)-(3)-(i)
2. All student-athletes are permitted to receive meals at the institution’s discretion from the time the team is required to report on call for team travel until the team returns to campus.  If a student-athlete does not use team travel to return to campus, she may receive meals at the institution’s discretion up to the point he or she is released from team related activities by the appropriate institutional authority.  An institution may not provide cash to student-athletes in lieu of meals under this option [Bylaw 16.5.2-(d)-(3)-(ii)]. 

Q:  May student-athletes receive a postgame meal following a home competition? 
A:  Yes, student-athletes may receive either one postgame meal or $15 (but not both) at the time of their release by institutional personnel [Bylaw 16.5.2-(d)-(2)].

Q:  May cash be provided in lieu of discretionary meals?
A:  No, on July 9, 2008, the membership services staff confirmed that if an institution chooses the discretionary meals option for meals in conjunction with away-from-home competition [Bylaw 16.5.2-(d)-(3)-(ii), the institution may not provide cash to student-athletes at the time of their release from team-related activities by the appropriate institutional authority.

For Your Information

The following are the 2008-09 newly submitted women’s basketball related proposals.  Follow these proposals in the legislative cycle and make sure that your voice is heard through your administrators. 

2008-12:  Personnel – Limitations on Number of Off-Campus Recruiters at any One Time – Exception – Women’s Basketball – July Evaluation Periods

Intent:  In women’s basketball, to specify that during the July evaluation periods, a coach preplaced for the purpose of off-campus recruiting activities is not required to return to the institution’s campus before engaging gin additional recruiting activities, provided no more than three coaches engage in off-campus recruiting activities each day. 

2008-14:  Recruiting – Definitions and Applications – Prospective Student-Athlete – Enrollment and Attendance in Summer Classes Prior to Initial Full-Time Enrollment

Intent:  To specify that an individual shall no longer be considered a prospective student-athlete for purposes of the contact limitations in Bylaw 13 and shall be considered a student-athlete for purposes of Bylaw 16 at the point in which he or she officially registers and enrolls and attends classes in an institution's summer term prior to initial full-time enrollment.

2008-15:  Recruiting – Definitions and Applications – Prospective Student Athlete – Institutional Orientation Session

Intent:  To specify that a prospective student athlete who has signed a National Letter of Intent (NLI) [or, for an institution that does not use the NLI in a particular sport for a prospective student-athlete who is not eligible to sign an NLI (e.g., four-year college transfer), the institution's written offer of admission and/or financial aid] and has reported to a required institutional orientation session with 14 calendar days prior to the opening day of classes of a regular academic year term shall not be subject to the contact restrictions in Bylaw 13 and shall be considered a student-athlete for purposes of Bylaw 16 as of the opening day of the required orientation.

2008-23:  Recruiting – Recruiting Materials – Electronic Transmissions – After National Letter of Intent Signing or Other Written Commitment

Intent:  To specify that after the calendar day on which a prospective student-athlete signs a National Letter of Intent (NLI), signs an institution's written offer of admission and/or financial aid, or submits a room or tuition deposit in response to the institution's written offer of admission, there shall be no limit on the forms of electronically transmitted correspondence sent by the institution with which the prospective student-athlete has committed.

Recent Interpretations for You to Know

Use of a Student-Athlete’s Name in a Fantasy Sports Game (I)

Issue Date:  July 2, 2008 – The committee confirmed that if a student-athlete’s name is used, without the student-athlete’s knowledge or permission, in a fantasy sports game operated by an outside entity or agency, the student-athlete (or the institution acting on his or her behalf) is required to take steps (e.g., issue a cease and desist letter) to stop the activity in order to retain his or her eligibility for intercollegiate athletics. 

Educational Column – NCAA Division I Football and Basketball – Contact with Prospective Student-Athletes Before or After Institutional and Nonisntitutional Camps/Clinics Held on Campus (I)

Issue Date:  July 24, 2008 – When a prospective student-athlete is the sport of football or basketball participates in an athletic contest or event (including a noninstitutional, private camp or clinic) on a member institution’s campus outside of a contact period, it is not permissible for an institutional staff member to have contact with the prospective student-athlete until the calendar day following his or her release from the contest or event. 

Further, if a prospective student-athlete is visiting an institution’s campus immediately before or after participating in an athletic contest or event on the institution’s campus outside of the contact period, the prospective student-athlete must depart the locale of the institution the calendar day before or after the contest or event in order for an authorized institutional staff member to have contact with the prospective student-athlete. 

Educational Column – Informal Basketball Practice Scrimmages (I)

Issue Date:  May 1, 2008 – NCAA Division I institutions should note that in basketball, NCAA Bylaw 17.5.5.3-(j) (practice scrimmage) permits an informal practice scrimmage with outside competition to be exempted from an institution’s maximum number of contests, provided:  (1) the scrimmage is conducted in private (i.e., not open to the public) and without official scoring; and (2) only those institutional staff members necessary to conduct the scrimmage are present during the scrimmage. 

Recruiting Basics

Correspondence:  Recruiting materials, both printed recruiting materials and written correspondences, such as e-mail, may be sent to a prospect beginning September 1st of the prospects junior year.  Hardcopy correspondence may only be sent first-class or at a lesser rate.   

Contact:  Permissible for authorized athletic department staff members to make in-person, off-campus recruiting contacts and evaluations.  Permissible during official visits and unofficial visits.  Unofficial visits may occur earlier than a prospect’s senior year. 

Evaluations:  Permissible to be involved in off-campus activities designed to assess the academic qualifications and playing ability of prospective student-athletes.  No in-person, off-campus recruiting contacts shall be made with the prospective student-athlete during an evaluation period.  [Evaluation Period:  September 16, 2008 through April 21, 2009 – Women’s basketball staff members shall not exceed 100 recruiting-person days.  A recruiting-person day is defined as one coach engaged in an off-campus recruiting activity of a women’s basketball prospect on one day; two coaches engaged in recruiting activities on the same day shall use two recruiting days. 

Unofficial Visits:  Permissible at any time except Dead Periods, during the July evaluation periods, and unlimited number of visits at the prospect’s expense.  May occur before and during the prospect’s senior year.   

Quiet Period:  Permissible to make in-person recruiting contacts only on the member institution’s campus.  No in-person, off-campus recruiting contacts or evaluations may be made during the quiet period. 

Dead Period:  Permissible to make telephone calls, e-mail, fax or write to a prospect.  No in-person recruiting contacts or evaluations are permitted on or off campus.  No official or unofficial visits by the prospect to the campus. 

Official Visits:  Permissible at any time, except during Dead Periods, during the July evaluation periods, and only once the prospect has begun her senior year.  A prospect may not make more than five expense- paid visits to NCAA Division I and Division II institutions.  Institutions may provide 12 official visits on an annual basis August 1 – July 31.

Important Dates

Women’s Basketball Recruiting Calendar

Sept. 1 through 15, 2008:  Quiet Period

Sept. 16 through October 6, 2008:  Contact Period

October 3-5, 2008:  Evaluation Period; Evaluations are permitted at nonscholastic women’s basketball events.

October 7 through November 9, 2008 and November 14-30:  Evaluation Period

November 10-13, 2008:  Dead Period

2008/2009 National Testing Dates:
SAT:  October 4, 2008, November 1, 2008, December 6, 2008, January 24, 2009, March 14, 2009, May 2, 2009, June 6, 2009.
ACT:  September 13, 2008*, October 25, 2008, December 13, 2008, February 7, 2009, April 4, 2009, June 13, 2009
*Only in selected states.