WELCOME to the 2008 Winter Compliance Corner!

Welcome to Compliance Corner – the official WBCA publication for information relating to 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.

Thank you,
WBCA

Foresight Process Update

•

We have received 100% response back from our DI Conference Captains on issues that each conference’s coaches wanted to bring forth through the WBCA Foresight Process for possible submission into the 2009-2010 NCAA Division I Legislative Cycle.  All of the conference coaches have had the opportunity to voice their opinion on the identified issues.  All DI members will receive the Foresight issues with the pros and cons for your review through an email blast by December 15, 2008.  The issues will also be printed in the Mid-Season CWB and the Spring Compliance Corner. 

• The WBCA has added a new issues submission window for any issues that come up throughout the season.  These new issues are due by March 19, 2009.  All Foresight issues will then be discussed/debated during the morning session and voted on in the afternoon session at the WBCA Convention DI Business Meeting in St. Louis on Monday, April 6, 2009.  Issues must be supported by a minimum of 70% majority vote before they are submitted to the NCAA Division I Women’s Basketball Issues Committee for consideration as a legislative proposal to be entered into 2009-10 legislative cycle. 

• Each institution is allocated one vote to the Head Coach.  If you are unable to attend the DI Business Meeting and wish to transfer your vote to one of your assistants, you must submit, IN WRITING, the transfer of vote to the WBCA by March 19, 2009.  Voting transfers will NOT be accepted after this date or in person at the WBCA Convention. 

• Please send any new issues or voting transfers to Julie Guttowsky at jguttowsky@wbca.org or fax to 770-279-8473.

Current Proposed Legislation


• The NCAA Division I Legislative Council, at its last meeting on October 20-21, used its emergency or noncontroversial legislative authority to adopt three proposals, one which effects women’s basketball. Proposal No. 2008-69 – Administrative Regulations – Summer Basketball Leagues and Certified Basketball Events – Additional Criteria – Approval of Event and League Operators - Basketball. The intent of the proposal is, in basketball, to specify that in order for a basketball league or basketball event to be certified, the event or league operator or manager must be approved in accordance with guidelines established by the NCAA basketball certification staff. This proposal is adopted and currently in a 60-day override period. The NCAA Board of Directors accepted the Legislative Council’s legislative action at its meeting on October 29-30, 2009.

• The NCAA Division I Board of Directors, at its October 29-30, 2009 meeting, used its emergency legislative authority to adopt Proposal No. 2008-78 –Playing and Practice Seasons – General Regulations – Skill Instructions – Sports Other Than Football – Publicity.  The intent of the proposal is that, in sports other than football, to specify that skill-related instruction shall not be publicized and shall not be conducted in view of a general public audience.  The Board adopted this emergency legislation noting that skill-related instruction is not designed to be used as a recruiting tool to permit institutions to schedule activities that give the appearance of full-fledged practice prior to the first permissible in-season practice date and create a celebrity atmosphere during campus visits by prospective student-athletes. This proposal will ensure that out-of- season activities will focus on their true intent by prohibiting institutions from conducting such activities before a public audience.   This proposal is adopted and currently in a 60-day override period.

• 2008-2009 Women’s Basketball related proposals can be found on www.wbca.org, DI Legislative page.  Please review these proposals and discuss your opinions of them with your administration.  These proposals will be voted on in January by the Division I Legislative Council and Board of Directors during the NCAA Convention. 

Secondary Violations Series in CWB


• The WBCA is writing a series of articles in CWB relating to Secondary Violations.  This past issue was in response to coaches misunderstanding or misconception that coaches were committing violations, but were not getting punished.  Next months’ article will comprise of a Coaches Guide into the step by step process of reporting violations.



Game Officials Reminder


• As a reminder, it is the responsibility of the Conference Offices to schedule officials for games during the regular season.  It is the responsibility of the Women’s Basketball Committee to schedule officials for games during the NCAA Championship games.  Conferences are also responsible for recommending officials for the NCAA tournament.  If coaches are concerned about the officials in their conference, they are encouraged to go to their conference commissioners and ask questions and be engaged in the process. 

Summer Access Update


• The Women’s Basketball Issues Committee (WBIC) is in the process of developing an Academic and Summer Access Model involving summer school attendance and some level athletically-related access with student-athletes while enrolled.  The committee is in the early stages of the development of this model, working to make sure that every angle is covered.  The committee’s goal is to appropriately emphasize academics for incoming student-athletes during the summer prior to enrollment while also providing the framework for those same student-athletes to begin their athletic experience at the institution.  The WBCA conducted a survey in September to all DI Head and Associate Head Coach members and received a 70% response rate.  The WBCA has provided feedback received from the survey to the WBIC and will keep you up to-date on the progress made. Some highlights from the survey can be found in the most recent CWB, the Preseason Issue.

Questions from Our Coaches

Q:  Could you give me five (5) basic descriptions that describe an open gym?
A:  Not organized; Not by invitation only; Not limited to specific prospective student-athletes, but open to any psa; Doesn’t have to be at an institutions site, it can be at any gym; No organized activities are conducted in the facility during the open gym (Bylaw 13.1.8.8).

Q:  Is it permissible to attend and evaluate at non-scholastic open gyms in the spring or is it just a fall rule?
A:  As stated in Bylaw 13.1.8.8, during the academic year and summer, evaluations may take place at open gyms.  These evaluations may only occur during permissible evaluation days and, during the academic year, such an evaluation counts against the 100-recruiting person days.  Evaluations at open gyms during the academic year are NOT limited to the spring/fall identified full weekends when evaluations at nonscholastic events may occur.  Evaluations at open gyms may occur during any permissible evaluation day.  Open gyms are considered noninstitutional, nonorganized events and are not subject to the event certification program. 

Q:  Is it permissible to attend/evaluate at an open gym at a high school if there are prospective student-athletes from other high schools participating?
A:  Yes. In women’s basketball, during the academic year, both scholastic and nonscholastic open gyms are permissible activities for coaches to attend to evaluate prospects.   The open gym is not limited to only prospect’s that attend the high school where the open gym is occurring.  It is important to note that the open gym has to be open (not invitation only) and the organizer may not direct the activities that occur at the open gym. 

Q:  If there is an open gym at a facility that this not on a high school campus, is that open gym considered to be organized and subject to the event certification program?
A: No.   It is permissible for coaches to evaluate at open gyms that are conducted on the high school campus or at an outside location.  NCAA legislation does not include criteria relating to the location of the open gym or pick-up game.  An “open gym” is not subject to the NCAA event certification program. 

Q:  Why did the Fall non-scholastic evaluation opportunity (October 3-5, 2008) cross-over an SAT testing day (October 4)? 
A:  Bylaw 13.1.8.8-(b)-(1) states that evaluations at nonscholastic events during the women's basketball prospective student-athlete's academic year shall only occur during the last full weekend (including Friday, Saturday and Sunday) of the fall contact period and the Friday, Saturday and Sunday of the spring evaluation period.  In 2008, the last full weekend of the fall contact period happened to fall on an SAT testing day.

Q:  Then why was the SAT test on the non-scholastic weekend?
A:  The NCAA is not responsible nor does it have a role in scheduling SAT or ACT test dates.  The College Board Test Center Administration is in charge of deciding the dates for the SAT tests.  When deciding on the dates for the SAT tests, they avoid holiday weekends; they do not take into account the NCAA Recruiting Calendars.

Q:  Will this happen again?
A:  This could possibly happen again.  The WBCA has included this issue with the other Foresight Issues to be voted on at the DI Business Meeting in St. Louis.  The issue to be voted on is as stated: 
Evaluations at nonscholastic events during the women’s basketball prospective student-athlete’s academic year shall only occur ding the last full weekend (including Friday, Saturday and Sunday) of the fall contact period and the Friday, Saturday and Sunday of the spring evaluation period.  If either period falls on any weekend during which the PSAT, SAT, PLAN or ACT national standardized tests are administered.
-If you wish for this issue to pass and be sent to the WBIC for possible support into the 2009-10 NCAA Legislative Cycle, please come and cast your vote. 

Q:  This year there seemed to be a lot of college coaches talking to parent-coaches of non-scholastic teams.  I thought that this was impermissible per NCAA rules?
A:  Bylaw 13.1.3.1.3.1 states that an institution may not have any additional communication with a parent or legal guardian of a prospective student-athlete who serves on the staff of his or her daughter's nonscholastic team unless the parent or legal guardian also serves as a head coach of his or her daughter's scholastic team and the additional communication is unrelated to recruitment of his or her daughter.  This bylaw firmly establishes that the status of “parent” always supersedes that of "coach" in these situations and to follow the rules and regulations accordingly.

Q:  I have a senior minority student-athlete who is interested in coaching.  I would like to pay for her expenses to attend the WBCA So You Want To Be A Coach program.  Is this permissible?
A:  Yes, this is permissible.  Legislation was adopted in January stating that an institution or conference may provide actual and necessary expenses to a student-athlete, who has completed his or her third year (sixth semester or ninth quarter) of collegiate enrollment to attend a coaching and/or athletics administration career educational program (e.g., Women's Basketball Coaches Association -- So You Want To Be A Coach, Black Women in Sports Foundation -- Next Step Program, United States Olympic Committee -- Minority/Women in Coaching Leadership).[Bylaw 16.11.1.14]

Q:  May a computer recruiting presentation be sent to a prospective student-athlete?
A:  Although the computer recruiting presentation may be posted on an institution’s website, it may not be sent to a prospective student-athlete because it would be considered an impermissible attachment to general correspondence.  Permissible attachments to general correspondence may include only information that is not created for recruiting proposes.  [Bylaw 13.4.1.1]

Q:  May the recruiting presentation include a permissible highlight film?
A:  It is permissible to insert actual highlight film (or video/audio tape) into a computer recruiting presentation provided it meets the parameters for a highlight film/video/audiotape outlined in Bylaw 13.4.2.1.

Q:  I think that I remember a proposal that allowed for 4 coaches to be able to evaluate prospective student-athletes at any time at non-scholastic events during the academic year.  Is this permissible?
A:  No this is not permissible.  Proposal No. 2007-20 was put into the 2007-08 NCAA Legislative Cycle to allow 4 coaches to be able to evaluate prospective student-athletes at any time at non-scholastic events during the academic year.  That proposal was DEFEATED.  Therefore, only 3 coaches may evaluate prospective student-athletes at any time at non-scholastic events during the academic year. 

Q:  My institutions’ marketing department is holding a signee party for all of the institutions basketball signees.  It is permissible for me to go and if so, what actions are permitted at the signing party?
A:  Yes, legislation was adopted in January 2008 allowing coaching staff members to attend functions designed to celebrate the institution’s signees in the applicable sport.  Coaches may discuss prospective student-athletes who have signed commitments to attend the institution, including discussions with working media, provided the institution previously has released communications of the prospective student-athletes’ commitments to attend the institution to media outlets.  An institution may also produce a single highlight video (one per sport), which includes clips of prospective student-athletes who have signed a National Letter of Intent or accepted a written offer of admission and/or financial aid from the institution, to show in conjunction with celebratory functions. Other prospective student-athletes may appear in the video clips, provided the focus of the clips is related to the prospective student-athlete who has committed to the institution. (Bylaw 13.10.9.4 and 13.10.9.4.1)

Q:  Do I need to get permission to contact a student-athlete who is attending a Non-NCAA or Non-NAIA institution?
A:  No, you do not need permission to talk to a student-athlete who is attending a Non-NCAA or Non-NAIA institution.  There were two proposals in the 2007-08 legislative cycle that were related to this topic(Proposal Nos. 2007-31-A and 2007-31-B).   The first proposal’s intent was to specify that an athletics staff member shall not make contact, directly or indirectly, with a student-athlete of a non-NCAA or non-NAIA four-year collegiate institution that sponsors intercollegiate athletics without first providing written notification of intent to contact the student-athlete to the athletics director of the non-NCAA or non-NAIA institution.
The second proposal would have limited this provision (notification of intent to contact) to North American institutions.  Both of these proposals were DEFEATED.  Institutions must still obtain permission to contact a student-athlete of another NCAA or NAIA four-year collegiate institution. 

Q:  I have a couple of student-athletes injured and need some bodies to demonstrate a play.  May I use my Director of Basketball Operations as a stand-in?
A:  No, your Director of Basketball Operations may not stand in.  Institutional staff members involved in noncoaching activities (e.g., administrative assistants, academic counselors) do not count in the institution's coaching limitations, provided such individuals are not identified as coaches, do not engage in any on- or off-field coaching activities (e.g., attending meetings involving coaching activities, analyzing videotape or film involving the institution's or an opponent's team), and are not involved in any off-campus recruitment of prospective student-athletes or scouting of opponents.  A noncoaching staff member with sport-specific responsibilities may not participate with or observe student-athletes in the staff member's sport who are engaged in nonorganized voluntary athletically related activities (e.g., pick-up games).  (Bylaw 11.7.1.1.1.1)

Q:  Is it a violation if one of my student-athletes provides private basketball lessons off-campus?
A:  No it is not a violation as long as (a) institutional facilities are not used, (b) playing lessons are not permitted, (c) the institution obtains and keeps on file documentation of the recipient of the lessons(s) and the fee for the lesson(s) provided during any time of the year, (d) the compensation is paid by the lesson recipient (or the recipient’s family) and not another individual or entity, (e) instruction to each individual is comparable to the instruction that would be provided during a private lesson when the instruction involves more than one individual at a time, and (f) the student-athlete does not use his or her name, picture or appearance to promote or advertise the availability of fee-for-lesson sessions. (Bylaw 12.4.2.1)

Q:  Is it permissible to respond to a text message from a prospective student-athlete?
A:  It is ONLY permissible to respond to a text message from a prospective student-athlete after the calendar day on which a prospective student-athlete has signed a National Letter of Intent or for an institution not using the National Letter of Intent in a particular sport, or for a prospective student-athlete who is not eligible to sign a National Letter of Intent (e.g., four-year college transfer), after the calendar day on which the prospective student-athlete signs the institution's written offer of admission and/or financial aid.  If the prospective student-athlete has not signed a National Letter of Intent or the institution’s written offer of admissions and/or financial aid, electronic transmitted correspondence is limited to electronic mail and facsimiles.  (Bylaw 13.4.1.2 & 13.4.1.2.1)

Q:  It is possible that some compliance officers may interpret the rules differently than other compliance officers or differently than the rule is intended to be interpreted.  What do we do to make sure that interpretations given are consistent? 
A:  From experience, most confusion is caused by different scenarios being presented to compliance officers. When the totalities of the facts are consistent, the answers tend to be consistent. Minor changes in the facts or lack of a fact can change the answer! Institutions should work with their conference office for consistency and conference offices should work together and with NCAA staff to eliminate confusion as quickly as possible and communicate the correct answer efficiently.

For Your Information

WBCA Pink Zone

WBCA Pink Zone week is February 13-22, 2009.  The WBCA’s charity of choice is the Kay Yow/WBCA Cancer Fund.  We strongly encourage you to support this Fund with any donations, raffles, sale, etc. that you might be doing.  For more information on how you can get involved and for 2009 WBCA Pink Zone products, which are now available for purchase, please see www.wbca.org. 

Important Recent Interpretations

1. Advertising an Institutional Camp or Clinic (I)

Date Issued: Oct 29, 2008;
Type: Official Interpretation
The committee determined that it is not permissible for an institution to advertise or promote an institutional camp or clinic in any way that implies a participant should possess a certain level of experience, skill or ability to attend the camp or clinic (e.g., elite camp, all-star camp, varsity camp, five-star camp, blue-chip camp). [References:  Bylaws 13.4.1.1-(c) (summer-camp advertisements), 13.12.1.2 (attendance restriction) and a 9/25/08 staff interpretation, Item Ref. a, which has been archived.]

1. Per Constitution 5.4.1.2.2, a conference or institution may appeal a decision of the Legislative Review/Interpretations Committee to the Legislative Council.  If an appeal is submitted, the Division I Legislative Council will review it at its January meeting.  The Legislative Council can either approve, reverse or modify the official interpretation issued by LRIC.  Therefore, the official interpretation noted above is in effect, at minimum, until such time the Legislative Council has its meeting January 14-15. .

2. Prospective Student-Athlete Not Eligible to Sign a National Letter of Intent (I/II)

Date Issued: Oct 13, 2008;
Type: Educational Column
NCAA Division I and II institutions are reminded that legislation related to a prospective student-athlete who is not eligible to sign a National Letter of Intent (NLI) does not apply to a prospective student-athlete who was otherwise eligible to sign an NLI, but did not sign an NLI by the end of the applicable NLI signing period.  Legislation related to a prospective student-athlete who is not eligible to sign an NLI applies only to those individuals who are not eligible to sign an NLI during an applicable signing period, including transfers from four-year institutions, midyear transfers and prospective student-athletes who have been released from an NLI for the current academic year. 

Therefore, a prospective student-athlete who was otherwise eligible to sign an NLI, but did not sign an NLI during an applicable NLI signing period continues to be subject to the standard regulations governing telephone calls, permissible callers, contacts and electronically transmitted correspondence after accepting an institution's written offer of admission or signing an institutional financial aid agreement. 

For example, even after a prospective student-athlete signs an institutional financial aid agreement or accepts an institution's written offer of admission, an institution may not send a text message, or other electronically transmitted correspondence (except for e-mail and facsimile) to that prospective student-athlete if he or she was eligible to sign an NLI and chose not to sign an NLI during an applicable NLI signing period.  Similarly, an institution may not make unlimited telephone calls to such prospective student-athletes.

3. Recreational Activities during an Official or Unofficial Visit (I)

Date Issued: Sep 04, 2008;
Type: Staff Interpretation
The membership services staff determined that during an official or unofficial visit a prospective student-athlete may participate in recreational activities in a facility that is not open to the general public (e.g., facility reserved for student-athletes to participate in voluntary activities), provided such activities are not organized or observed by members of the athletics department coaching staff (including strength and conditioning coaches) and are not designed to test the athletics abilities of the prospective student-athlete.

4. Use of Credits Earned in a Minor to Satisfy Progress-Toward-Degree Requirements (I) Date Issued: Sep 17, 2008;

Type: Official Interpretation
The committee confirmed that a voluntary or optional minor is a minor that is not a required element of the original baccalaureate degree program for all students; therefore, credits earned toward a voluntary or optional minor may not be used to satisfy credit-hour requirements after the first two years of enrollment or percentage of degree requirements even if the student-athlete must complete the requirements for the voluntary or optional minor in order to graduate.  A student-athlete may use credits earned in a minor only if the minor is a required element for all students to obtain the original baccalaureate degree.

5. Contact with Prospective Student-Athletes at Home Contest at a Site Other than Regular Home Facility (I)

Date Issued: Apr 23, 2008l
Type: Official Interpretation
The committee confirmed that it is not permissible for institutional staff members to have recruiting contact outside a contact period with prospective student-athletes who receive complimentary admissions to a home contest conducted at a site other than the institution's home facility.  Any permissible contact during a contact period must be counted as an off-campus contact.

6. Financial Aid to Midyear Enrollee Who Has Been Awarded Athletically Related Financial Aid for Following Academic Year (I)

Date Issued: May 02, 2008;
Type: Staff Interpretation
The membership services staff determined that it is not permissible to award athletics aid to an individual for any term in the regular academic year preceding the academic year for which the prospective student-athlete has been awarded athletically related financial aid [e.g., National Letter of Intent (NLI) and accompanying financial aid agreement, institutional financial aid agreement].  For example, if an individual signs an NLI in November for the following academic year and then graduates from high school at midyear, the institution may not award athletics aid to that prospective student-athlete for the spring term following the prospective student-athlete's high school graduation.  Such an arrangement would constitute an impermissible award of an athletics grant-in-aid for a period in excess of one academic year.

7. Education Column -- Recruiting Video/Audio Materials -- Computer Recruiting Presentations (I)

Date Issued: Sep 11, 2008;
Type: Educational Column
NCAA Division I institutions should note that pursuant to NCAA Bylaw 13.4.2.4, an institution may produce a computer recruiting presentation (e.g., using presentation software) to show a prospective student-athlete during any permissible on- or off-campus contact.  In addition, the computer recruiting presentation may be posted on the institution's Web site.  A computer recruiting presentation may not be created by an entity outside the institution, and may not be personalized to include a prospective student-athlete's name, picture, or likeness.  Further, such computer recruiting presentations may not include any video/audio component (except as permitted in Bylaw 13.4.2) or any features (e.g., sound effects, animation) that are not included with the presentation software program.  Therefore, any highlight film/videotape/audio tape incorporated into a computer recruiting presentation may not include clips of activities that are indirectly related to the contests (e.g., team travel, team meals, entertainment activities, practice activities, institutional facilities).  However, a computer recruiting presentation may include clips of actual athletics contests and activities that occur on the day of the contest that are directly related to the contest (e.g., pregame player introductions, half-time band and cheerleader performances, locker-room talks, crowd reactions, sideline coaching staff activities, post-game on-field award presentations).  Lastly, a computer recruiting presentation may include still photographs of activities not directly related to a contest in the recruiting presentation.

Recruiting Basics

Correspondence:  Recruiting materials, both printed recruiting materials and written correspondence, such as e-mail, may be sent to a prospect beginning September 1st of the prospects junior year.  Hard-copy 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

September 15, 2008, through April 21, 2009: Evaluation Period
Women’s basketball staff members shall not exceed 100 recruiting days.  A recruiting 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 ahs use two recruiting days. 

December 24-26, 2008: Dead Period

March 1 – April 2, 2009: Contact Period

NLI Signing Dates:

Regular Period: April 15, 2009-May 20, 2009

2008/2009 National Testing Dates:
SAT:  December 6, 2008, January 24, 2009, March 14, 2009, May 2, 2009, June 6, 2009
ACT:  December 13, 2008, February 7, 2009, April 4, 2009, June 13, 2009