6.4.2 Representatives of Athletics
Interests.
An institution’s “responsibility” for the
conduct of its intercollegiate athletics program shall include
responsibility for the acts of individuals when a member of the
institution’s executive or athletics administration has
knowledge or should have knowledge that such an individual:
(b) Has made financial contributions to the athletics department or to an athletics booster organization of that institution;
(c) Has been requested by the athletics department staff to assist in the recruitment of prospective student athletes or is assisting in the recruitment of prospective student-athletes;
(d) Has assisted or is assisting in providing benefits to enrolled student-athletes; or
(e) Is otherwise involved in promoting the institution’s athletics program.
6.4.2.1 Agreement to Provide Benefit or
Privilege.
Any agreement between an institution (or any organization that
promotes, assists or augments in any way the athletics interests of
the member institution, including those identified per Constitution
6.4.1) and an individual who, for any consideration, is or may be
entitled under the terms of the agreement to any benefit or
privilege relating to the institution’s athletics program,
shall contain a specific clause providing that any such benefit or
privilege may be withheld if the individual has engaged in conduct
that is determined to be a violation of NCAA legislation. The
clause shall provide for the withholding of the benefit or
privilege from a party to the agreement and any other person who
may be entitled to a benefit or privilege under the terms of the
agreement. (Adopted: 1/10/95)
6.4.2.2 Retention of Identity as
“Representative.”
Any individual participating in the activities set forth in
Constitution 6.4.2 shall be considered a “representative of
the institution’s athletics interests,” and once so
identified as a representative, it is presumed the person retains
that identity.
13.2 OFFERS AND INDUCEMENTS
13.2.1 General Regulation.
An institution’s staff member or any representative of its
athletics interests shall not be involved, directly or indirectly,
in making arrangements for or giving or offering to give any
financial aid or other benefits to the prospective student-athlete
or the prospective student-athlete’s relatives or friends,
other than expressly permitted by NCAA regulations. Receipt of a
benefit by prospective student-athletes or their relatives or
friends is not a violation of NCAA legislation if it is
demonstrated that the same benefit is generally available to the
institution’s prospective students or their relatives or
friends or to a particular segment of the prospective student body
(e.g., foreign prospective students, minority prospective students)
determined on a basis unrelated to athletics ability. For
violations of this bylaw in which the value of the offer or
inducement is $100 or less, the eligibility of the individual
(i.e., prospective or enrolled student-athlete) shall not be
affected conditioned on the individual repaying the value of the
benefit to a charity of his or her choice. The individual, however,
shall remain ineligible from the time the institution has knowledge
of the receipt of the impermissible benefit until the individual
repays the benefit. Violations of this bylaw remain institutional
violations per Constitution 2.8.1, and documentation of the
individual’s repayment shall be forwarded to the enforcement
staff. (Revised: 1/13/98, 1/10/05, 1/9/06)
13.2.2 Specific Prohibitions.
Specifically prohibited financial aid, benefits and arrangements
include, but are not limited to, the following:
(b) Gift of clothing or equipment;
(c) Cosigning of loans;
(d) Providing loans to a prospective student-athlete’s relatives or friends;
(e) Cash or like items;
(f) Any tangible items, including merchandise;
(g) Free or reduced-cost services, rentals or purchases of any type;
(h) Free or reduced-cost housing;
(i) Use of an institution’s athletics equipment (e.g., for a high school all-star game); or
(j) Sponsorship of or arrangement for an awards banquet for high school, preparatory school or two-year college athletes by an institution, representatives of its athletics interests, or its alumni groups or booster clubs.
13.2.2.1 Eligibility Ramifications—Restitution for
Receipt of Improper Benefits.
For violations of Bylaw 13.2.2 in which the value of the offer or
inducement is $100 or less, the eligibility of the individual
(i.e., prospective or enrolled student-athlete) shall not be
affected conditioned on the individual repaying the value of the
benefit to a charity of his or her choice. The individual, however,
shall remain ineligible from the time the institution has knowledge
of the receipt of the impermissible benefit until the individual
repays the benefit. Violations of this bylaw remain institutional
violations per Constitution 2.8.1, and documentation of the
individual’s repayment shall be forwarded to the enforcement
staff. (Revised: 1/13/98, 1/8/01, 1/9/06)