Several people have expressed concern regarding this event post stating that we have jeopardized Michaels amateurism status. Please understand that we researched this before posting. I have confirmed with the NCAA student athlete line as well as the NCAA Manual that this is within the guideline. I have taken the liberty to insert language below from the NCAA Manual specific to the rules to support that this is acceptable. I also have inserted a FAQ that addresses other questions. Additionally, we researched the Down Under Sports organization. They have been in business and have coordinated these type of events for multiple sports for 26 years. I appreciate the voiced concerns but know that I have done my due diligence to ensure that we are operating within the enforced NCAA regulation guidelines. Never would we risk Michaels opportunities at the collegiate level. That is also why it is important for those who wish to support this effort for the team/organization to make all checks payable to Down Under Sports directly and/or make payments via the website. Thank you! ------------------------------------------------------ Quick FAQ - nmnathletics/fls/22200/Compliance%20Website/AmateurSportClubs%20FAQ.pdf ------------------------------------------------------ NCAA Manual inserted only the section I thought was applicable BYLAW, ARTICLE 12 Amateurism 12.01 General Principles ................................................ 61 12.02 Definitions and Applications ........................... .....61 12.1 General Regulations ............................................ ...62 12.2 Involvement with Professional Teams.......................66 12.3 Use of Agents ......................................................... 69 12.4 Employment ............................................................70 12.5 Promotional Activities ..............................................71 12.6 Financial Donations from Outside Organizations .....75 12.01 generAL PrInCIPLes 12.01.1 eligibility for Intercollegiate Athletics. Only an amateur student-athlete is eligible for inter-collegiate athletics participation in a particular sport. 12.01.2 Clear Line of Demarcation. Member institutions’ athletics programs are designed to be an inte- gral part of the educational program. The student-athlete is considered an integral part of the student body, thus maintaining a clear line of demarcation between college athletics and professional sports. 12.01.3 “Individual” vs. “student-Athlete.” NCAA amateur status may be lost as a result of activities prior to enrollment in college. If NCAA rules specify that an “individual” may or may not participate in certain activities, this term refers to a person prior to and after enrollment in a member institution. If NCAA rules specify a “student-athlete,” the legislation applies only to that person’s activities after enrollment. 12.01.4 Permissible grant-in-Aid. A grant-in-aid administered by an educational institution is not con- sidered to be pay or the promise of pay for athletics skill, provided it does not exceed the financial aid limitations set by the Association’s membership. 12.01.5 Compliance with Legislation for emerging sports. Beginning with the second year of the Association’s identification of an emerging sport for women (see Bylaw 20.02.5), the institution shall comply fully in that program with all applicable amateurism legislation set forth in Bylaw 12. (Adopted: 1/10/95, Revised: 2/24/03) 12.02 DeFInITIons AnD APPLICATIons 12.02.1 Individual. An individual, for purposes of this bylaw, is any person of any age without reference to enrollment in an educational institution or status as a student-athlete. 12.02.2 Pay. Pay is the receipt of funds, awards or benefits not permitted by the governing legislation of the Association for participation in athletics. 12.02.3 Professional Athlete. A professional athlete is one who receives any kind of payment, directly or indirectly, for athletics participation except as permitted by the governing legislation of the Association. 12.02.4 Professional Athletics Team. A professional team is any organized team that: (a) Provides any of its players more than actual and necessary expenses for participation on the team, except as otherwise permitted by NCAA legislation. Actual and necessary expenses are limited to the following, pro- vided the value of these items is commensurate with the fair market value in the locality of the player(s) and is not excessive in nature: (Revised: 4/25/02 effective 8/1/02) (1) Meals directly tied to competition and practice held in preparation for such competition; (2) Lodging directly tied to competition and practice held in preparation for such competition; (3) Apparel, equipment and supplies; (4) Coaching and instruction; (5) Health/medical insurance; (6) Transportation expenses to and from practice competition,cost of transportation from home to train-ing/practice site at the beginning of the season and from training/practice site to home at the end of season); (7) Medical treatment and physical therapy; (8) Facility usage; (Revised: 4/24/03) (9) Entry fees; and (Revised: 4/24/03) (10) Other reasonable expenses; or (Adopted: 4/24/03, Revised: 10/28/04) (b) Declares itself to be professional (see Bylaw 12.2.3.2.4). (Revised: 8/8/02) 6112 AMATEURISM 12.02.5 student-Athlete. A student-athlete is a student whose enrollment was solicited by a member of the athletics staff or other representative of athletics interests with a view toward the student’s ultimate participation in the intercollegiate athletics program. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the athletics department, as specified in Constitution 3.2.4.5. A student is not deemed a student-athlete solely on the basis of prior high school athletics participation. 12.1 generALreguLATIons An individual must comply with the following to retain amateur status. (See Bylaw 14 regarding the eligibility restoration process.) 12.1.1 validity of Amateur status. As a condition and obligation of membership, it is the responsibility of an institution to determine the validity of the information on which the amateur status of a prospective student- athlete (including two-year and four-year college transfers initially enrolling at an NCAA Division I institution) and student-athlete is based. (See Bylaw 14.01.3.) (Adopted: 1/9/06 effective 8/1/06, for all final certifications for stu- dent-athletes initially enrolling at a Division I or Division II institution on or after 8/1/07, Revised: 1/8/07, 4/30/07) 12.1.1.1 Amateurism Certification Process. An institution shall use an initial eligibility center approved by the Executive Committee to determine the validity of the information on which the amateur status of a student-athlete is based. (Adopted: 1/9/06 effective 8/1/06, for final certifications for student-athletes initially enroll- ing at a Division I or Division II institution on or after 8/1/07, Revised: 4/30/07) 12.1.1.1.1 Scope. The certification of amateur status issued by the NCAA Eligibility Center is limited to activities that occur prior to a prospective student-athlete’s request for final amateurism certification or his or her initial full-time enrollment at an NCAA Division I or II institution, whichever occurs earlier. (Adopted: 4/30/07) 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: (a) Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport; (b) Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation; (c) Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received; (d) Receives, directly or indirectly, a salary, reimbursement of expenses or any other form of financial assistance from a professional sports organization based on athletics skill or participation, except as permitted by NCAA rules and regulations; (e) Competes on any professional athletics team per Bylaw 12.02.4, even if no pay or remuneration for expenses was received; (Revised: 4/25/02 effective 8/1/02) (f) After initial full-time collegiate enrollment, enters into a professional draft (see Bylaw 12.2.4); or (Revised: 4/25/02 effective 8/1/02, 4/24/03 effective 8/1/03 for student-athletes entering a collegiate institution on or after 8/1/03) (g) Enters into an agreement with an agent. (Adopted: 4/25/02 effective 8/1/02) 12.1.2.1 ProhibitedFormsofPay. “Pay,”asusedinBylaw12.1.2above,includes,butisnotlimitedto,the following: 12.1.2.1.1 Salary, Gratuity or Compensation. Any direct or indirect salary, gratuity or comparable compensation. 12.1.2.1.2 DivisionorSplitofSurplus. Any division or split of surplus (bonuses,gamereceipts,etc.). 12.1.2.1.3 EducationalExpenses. Educationalexpensesnotpermittedbythegoverninglegislationof this Association (see Bylaw 15 regarding permissible financial aid to enrolled student-athletes). 12.1.2.1.3.1 Educational Expenses or Services—Prior to Collegiate Enrollment. A pro- spective student-athlete may receive educational expenses or services (e.g., tuition, fees, room and board, books, tutoring, standardized test preparatory classes) prior to collegiate enrollment from any individual or entity other than an agent, professional sports team/organization, member institution or a representative of an institution’s athletics interests, provided the payment for such expenses or services is disbursed directly to the individual, organization or educational institution (e.g., high school, prepa- ratory school) providing the educational expense or service. (Adopted: 4/25/02 effective 8/1/02, Revised: 1/14/08) 12.1.2.1.3.2 Educational Expenses from Outside Sports Team or Organization—After Collegiate Enrollment. Educational expenses provided to an individual after initial collegiate en- rollment by an outside sports team or organization that are based on any degree on the recipient’s athletics ability [except as specified in Bylaw 15.2.6.4-(h)], even if the funds are given to the institution to administer to the recipient. (Revised: 1/10/95, 4/25/02 effective 8/1/02) 12.1.2.1.3.2.1 Educational Expenses—Olympic Committee. A student-athlete may re- ceive educational expenses awarded by the U.S. Olympic Committee (or for international student- athletes, expenses awarded by the equivalent organization of a foreign country) pursuant to the applicable conditions set forth in Bylaw 15.2.6.5. (Adopted: 4/15/97, Revised: 11/1/00, 4/25/02 effective 8/1/02) 12.1.2.1.3.2.2 Educational Expenses—National Governing Body. A student-athlete may receive educational expenses awarded by a U.S. national governing body (or, for international student-athletes, expenses awarded by the equivalent organization of a foreign country) pursuant to the applicable conditions set forth in Bylaw 15.2.6.5. (Adopted: 10/28/97 effective 8/1/98, Re- vised: 11/1/00, 4/25/02 effective 8/1/02) 12.1.2.1.4 Expenses,AwardsandBenefits. Excessiveorimproperexpenses,awardsandbenefits(see Bylaw 16 regarding permissible awards, benefits and expenses to enrolled student-athletes). 12.1.2.1.4.1 Cash or Equivalent Award. Cash, or the equivalent thereof (e.g., trust fund), as an award for participation in competition at any time, even if such an award is permitted under the rules governing an amateur, noncollegiate event in which the individual is participating. An award or a cash prize that an individual could not receive under NCAA legislation may not be forwarded in the indi- vidual’s name to a different individual or agency. (Revised: 4/25/02 effective 8/1/02) 12.1.2.1.4.1.1 Exception—Prospective Student-Athlete’s Educational Institution. A financial award may be provided to a prospective student-athlete’s educational institution in con- junction with the prospective student-athlete being recognized as part of an awards program in which athletics participation, interests or ability is a criterion, but not the sole criterion, in the selection process. Such an award must also include nonathletics criteria, such as the prospective student-athlete’s academic record and nonathletics extracurricular activities and may not be based on the prospective student-athlete’s place finish or performance in a particular athletics event. In addition, it is permissible for an outside organization (other than a professional sports organiza- tion) to provide actual and necessary expenses for the prospective student-athlete (and the prospec- tive student-athlete’s parents or other relatives) to travel to a recognition event designed to recog- nize the prospective student-athlete’s accomplishments in conjunction with his or her selection as the recipient of a regional, national or international award. (Adopted: 10/28/99) AMATEURISM 12.1.2.1.4.2 Expenses/Awards Prohibited by Rules Governing Event. Expenses incurred or awards received by an individual that are prohibited by the rules governing an amateur, noncollegiate event in which the individual participates. 12.1.2.1.4.3 Expenses from Outside Team or Organization. Expenses received from an out- side amateur sports team or organization in excess of actual and necessary travel, room and board expenses, and apparel and equipment (for individual and team use only from teams or organizations not affiliated with member institutions, including local sports clubs as set forth in Bylaw 13.11.2.3) for competition and practice held in preparation for such competition. Practice must be conducted in a continuous time period preceding the competition except for practice sessions conducted by a national team, which occasionally may be interrupted for specific periods of time preceding the competition. (Revised: 1/10/90, 1/10/92) 12.1.2.1.4.4 UnspecifiedorUnitemizedExpenses. Payment to individual team members or in-dividual competitors for unspecified or unitemized expenses beyond actual and necessary travel, room and board expenses for practice and competition. 12.1.2.1.4.5 Expenses from Sponsor Other Than Parents/Legal Guardians or Nonprofes- sional Sponsor of Event. Actual and necessary expenses or any other form of compensation to participate in athletics competition (while not representing an educational institution) from a sponsor other than an individual upon whom the athlete is naturally or legally dependent or the nonprofes- sional organization that is sponsoring the competition. 12.1.2.1.4.6 Expenses for Parents/Legal Guardians of Participants in Athletics Competi- tion. Expenses received by the parents or legal guardians of a participant in athletics competition from a nonprofessional organization sponsoring the competition in excess of actual and necessary travel, room and board expenses, or any entertainment expenses, unless such expenses are made available to the parents or legal guardians of all participants in the competition. (Adopted: 1/16/93, Revised: 1/11/97) 12.1.2.4 Exceptions to Amateurism Rule. 12.1.2.4.1 Exception for Prize Money Prior to Full-Time Collegiate Enrollment. Prior to colle- giate enrollment, an individual may accept prize money based on his or her place finish or performance in an open athletics event (an event that is not invitation only). Such prize money may not exceed actual and necessary expenses and may be provided only by the sponsor of the open event. The calculation of actual and necessary expenses shall not include the expenses or fees of anyone other than the prospective student- athlete (e.g., coach’s fees or expenses, parent’s expenses). (Adopted: 4/25/02 effective 8/1/02, Revised: 12/12/06 applicable to any expenses received by a prospective student-athlete on or after 8/23/06) 12.1.2.4.2 ExceptionforPrizeMoneyforStudent-Athletes—OutsidethePlayingSeasonDur- ing the Summer Vacation Period. Inindividualsports,astudent-athletemayacceptprizemoneybased on his or her place finish or performance in an open athletics event (an event that is not invitation only), provided the competition occurs outside the institution’s declared playing and practice season during the institution’s summer vacation period. Such prize money may not exceed actual and necessary expenses and may be provided only by the sponsor of the open event. The calculation of actual and necessary expenses shall not include the expenses or fees of anyone other than the student-athlete (e.g., coach’s fees or expenses, parent’s expenses). (Adopted: 4/30/09) 12.4 eMPLoyMenT 12.4.1 Criteria governing Compensation to student-Athletes. Compensation may be paid to a student-athlete: (Revised: 11/22/04) (a) Only for work actually performed; and (b) At a rate commensurate with the going rate in that locality for similar services. 12.4.3 Camp/Clinic employment, general rule. A student-athlete may be employed by his or her in- stitution, by another institution, or by a private organization to work in a camp or clinic as a counselor, unless otherwise restricted by NCAA legislation (see Bylaw 13.12 for regulations relating to camps and clinics). Out-of-season playing and practice limitations may restrict the number of student-athletes from the same institution who may be employed in that institution’s camp (see the specific sport in Bylaw 17 for these employment restrictions and Bylaw 13.12). 12.4.4 self-employment. A student-athlete may establish his or her own business, provided the student- athlete’s name, photograph, appearance or athletics reputation are not used to promote the business. (Adopted: 12/12/06) 12.5 ProMoTIonAL ACTIvITIes 12.5.1 Permissible. 12.5.1.6 Camps. An institutional or privately owned camp may use a student-athlete’s name, picture and institutional affiliate only in the camp counselor section in its camp brochure to identify the student-athlete as a staff member. A student-athlete’s name or picture may not be used in any other way to directly advertise or promote the camp. Violations of this bylaw shall be considered institutional violations per Constitution 2.8.1; however, and do not affect the student-athlete’s elgibility. (Revised: 4/26/01 effective 8/1/01 for camps that occur during the 2001 academic year and thereafter, 4/17/02, 7/12/04, 1/9/06) 12.5.1.9.1.1 Corporate Sponsors. A corporate sponsor may sell a promotional item related to these events that uses the name or picture of a team but not an individual student-athlete. (Adopted: 1/10/92) 7312 12.5.2.3.3 Promotional Contests. Receipt of a prize for winning an institutional or noninstitutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a prospective or enrolled student-athlete (or a member of his or her family) does not affect his or her eligibil- ity, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate. (Revised: 1/9/96 effective 8/1/96, 3/25/05, 6/12/07) 12.5.2.4 OtherPromotionalActivities. Astudent-athletemaynotparticipateinanypromotionalactivity that is not permitted under Bylaw 12.5.1. (Adopted: 11/1/01)
Posted on: Fri, 07 Mar 2014 01:30:10 +0000
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