Periodically, the University of Louisville will be posting NCAA rule interpretations on a variety of topics. All interpretations previously posted can be found in the
Effective Date: Aug. 1, 2002
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, as specified, or declares itself to be a professional team. Actual and necessary expenses are limited to the following, provided 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:
(1) Meals and lodging directly tied to competition and practice held in preparation for such competition;
(2) Apparel, equipment and supplies;
(3) Coaching and instruction;
(4) Health/medical insurance;
(5) Transportation (i.e., expenses to and from practice and competition, cost of transportation from home to training/practice site at the beginning of the season and from training/practice site to home at the end of season);
(6) Medical treatment and physical therapy;
(7) Facility usage; and
(8) Entry fees
For Prospects Entering College on or after August 1, 2003
In response to the actions taken in reference to amateurism in April 2002, specifically the defeat of proposal 99-109 (competition with professionals), the Management Council agreed that prospects that compete on a professional team (based on the new definition of a professional team as outlined in bylaw 12.02.4) would be deemed ineligible for intercollegiate competition. However, for those prospects that have not signed a contract and/or received compensation from a professional team, the Management Council approved the following reinstatement policy that will be administered through the Student-Athlete Reinstatement staff:
- Prospects that compete on a professional team PRIOR TO the first opportunity to enroll at a collegiate institution following high school graduation will be reinstated after being withheld from competition on a 1-for-1 basis up to a maximum of one season. The withholding cannot occur during a "redshirt" year.
Example #1: A soccer prospect that competes in 12 professional contests prior to the first opportunity to enroll will be withheld from 12 intercollegiate contests.
Example #2: A basketball prospect that competes in 30 games on a professional team prior to the first opportunity to enroll will be withheld from competition for one season. That season will count as one of the four seasons of eligibility, leaving him/her with three remaining seasons of intercollegiate competition.
- Prospects that compete on a professional team AFTER the first opportunity to enroll at a collegiate institution will NOT be eligible for reinstatement - they will be permanently ineligible for intercollegiate competition.
The reinstatement policy set forth above applies to all sports. In addition, it should be noted that all other amateurism and seasons of competition regulations remain intact (e.g., tennis rule, 21-year old rule).
(1) The new definition of a professional team applies to prospects first entering college on or after August 1, 2002. Prospects who entered college prior to August 1, 2002 are subject to the previous definition of a professional team.
(2) The Student-Athlete Reinstatement Committee implemented a policy that requires prospects to repay all expenses received from a professional organization on or after August 1, 2001
including actual and necessary expenses.
NCAA institutions should note due to recent changes in the United States Golf Association's (USGA) amateurism policies, student-athletes in the sport of golf are now permitted to participate in qualifying schools conducted by the Professional Golf Association and Ladies Professional Golf Association without jeopardizing their amateur status in the sport of golf, provided the student-athletes certify that they are competing in such competitions as amateurs and waive all rights to prize money. Previously, participation in qualifying schools constituted a commitment to turn professional under Bylaw 12 in part because the USGA categorized such events as professional competition in which an amateur golfer relinquished his or her amateur status. In January 2002, the USGA revised its amateurism policies to permit amateur golfers to participate in professional tour qualifying schools and retain amateur status, provided the golfers declare themselves as amateurs and waive all rights to prize money. To accommodate this change, tour school applications now include a declaration of amateur status and waiver of all rights to prize money. This change permits participation in such events only under the circumstances specified above, and that all other amateurism regulations still apply to enrolled student-athletes competing in such events.
Student-Athlete Attending Amateur Sports Club Fundraiser
Date Issued: Jan 16, 1998
Item Ref: a
Student-Athlete Attending Amateur Sports Club Fundraiser: (I/II/III) The membership services staff determined that a student-athlete may be involved in a fundraising activity for his or her amateur sports club, even if the club includes prospects, provided the student-athlete is an active member of the club and the funds being raised are placed in the club's general fund to cover costs associated with the club's practice and competition.
[Note: This minute replaces staff minute 11/02/88, item d, which has been archived.] [References: NCAA Bylaws 12.1.1 (amateur status),
Legal Services Provided to Student-Athletes
Date Issued: Jun 27, 1990
Item Ref: a
a. Pro Bono Legal Services Provided to Student-Athletes: Reviewed Bylaw 16.02.3 (extra benefit) and Bylaw 12.1.2 (amateurism -- forms of pay) in regard to an outside agency that wishes to provide pro bono legal services to a student-athlete; determined that such an arrangement would not be precluded provided the agency has provided this type of service in the past to other needy individuals (based upon nonathletics objective criteria), and the student-athlete initiates the contact with the agency.
Interning With a Professional Sports Organization
Date Issued: Jun 02, 1989
Item Ref: f
Student-Athlete Interning with a Professional Sports Organizations: Re- viewed Bylaw 12.1.3-(c)
[professionalism] In regard to a student-athlete who has been offered an internship with the marketing department of a professional organization; determined that such an internship is permissible, provided the individual was hired for the internship based upon experience and potential in the field of marketing (rather than for his athletics skill or participation) and the opportunity for the internship was available on an equal basis to
athletes and nonathletes alike.
Arrangements for Participation in a College All-Star Contest
Date Issued: Sep 06, 1991
Item Ref: d
d. Contractual Arrangements for Participation in a College All-Star Contest: Reviewed Bylaws 184.108.40.206.1 (professional player as team member) and 30.2.2 (college football and basketball all-star contests) and determined that prior to the conclusion of the individual's collegiate eligibility in the sport, a student-athlete or his or her director of athletics may enter into a contract guaranteeing the participation of the student-athlete in an all-star contest, provided all student-athletes in the all-star contest will receive only actual and necessary expenses for their participation.
Application of Bylaw 220.127.116.11 Fee-for-Lesson Instruction
Date Issued: Jun 20, 2002
Item Ref: 1
A student-athlete who is teaching lessons on a fee-for-lesson basis to more than one individual at a time must provide instruction to each individual that is comparable to the instruction that would be provided during a private lesson. Further, it is not permissible for a student-athlete to use his or her name, picture or appearance to promote or advertise the availability of fee-for-lesson sessions.
[Reference: Proposal No. 2000-49)
Winning Cash Prize in Noninstitutional Promotional Activity
Date Issued: Jul 16, 1997
Item Ref: a
a. Winning Cash Prize in Noninstitutional Promotional Activity. The legislative services staff confirmed that the provisions of NCAA Bylaws 18.104.22.168.3 and 22.214.171.124 are applicable to institutional and noninstitutional promotional activities. Thus, an individual (prospect or enrolled student- athlete) who is selected at random to participate in such an activity and wins a cash prize based on athletics ability does not jeopardize his or her
amateur status. [References: 12.1.1 (amateur status); 12.1.2 (forms of pay); 126.96.36.199.3 (promotional contests);188.8.131.52 (awards -- prior to enrollment); 184.108.40.206 (promotional activity prize); and Official interpretation, 06/16/94,item 1]
Against Future Earnings to Purchase Insurance
Date Issued: Aug 20, 1987
Item Ref: 6
Reviewed the application of Constitution 3-1-(a)-(3)-(iii) indicating that a student-athlete may borrow against his or her future earnings potential from an established accredited commercial lending institution exclusively for the purpose of purchasing insurance (with no cash or other value) against a disabling injury that would prevent the individual from pursuing his or her chosen field, provided no third party (including a member institution's
athletics department staff member or representative of its athletics interest) is involved in arranging for or securing the loan; agreed that the application of this legislation would not preclude a student-athlete's fiancé from cosigning a loan for purposes of purchasing the disability insurance, inasmuch as the fiancé (or other family member) would not be construed as a "third party" for purposes of this legislation.
Benefit Provided to Student-Athletes in Conjunction with Promotional Activities (I)
Date Issued: Mar 07, 2001
Item Ref: 1
Pursuant to NCAA Bylaw 220.127.116.11-(f), a student-athlete may receive legitimate and normal expenses (e.g., travel, meal) during participation in a permissible promotional activity. It is not permissible for a student-athlete to receive any additional benefits (e.g., additional meals, free vacation) in conjunction with the promotional activity. [References: Bylaws 18.104.22.168 (institutional, charitable, educational or nonprofit promotions), 22.214.171.124 (general rule) and 126.96.36.199.1 (free or reduced-cost services).]
Issues Related to Student-Athlete Employment Earnings (I)
Date Issued: Apr 21, 1998
Item Ref: 2-b
b. It is not permissible for a student-athlete to receive compensation related to his or her speaking/lecturing at an institutional athletics booster-club function. [References: 188.8.131.52 (promotional activities), 184.108.40.206.1-(c) (employment at camp or clinic -- general rule), 220.127.116.11 (exception -- Division I employment earnings)
State High-School Association Producing Educational Posters to Provide to High Schools
Date Issued: Jun 30, 1998
Item Ref: 1
1. State High-School Association Producing Educational Posters to Provide to High Schools: A state high-school association may produce and send an educational poster to state high schools that include pictures/biographical information of former NCAA student-athletes under the following circumstances: a. Such a poster does not include facilities of the institution the former student-athlete attended; b. Such a poster does not include any former student-athlete photographed in the uniform of the NCAA institution he or she attended; and c. Such a poster does not include any reference to the former student-athlete's institution, other than statistical information about the particular student-athlete (as opposed to the institution). [References: NCAA Bylaws 18.104.22.168 (institutional charitable educational nonprofit promotions); 22.214.171.124 (educational products related to sport skill instruction); 13.4.1 (Divisions I and II -- printed recruiting materials); and a previous NCAA Interpretations Committee decision 02/09/89, Item No. 2]
Semi-Professional Athletics Team
Date Issued: Oct 06, 1995
Item Ref: a
a. Semi-Professional Athletics Team. The legislative services staff confirmed that any athletics team that markets itself as a professional team or otherwise presents itself as a professional team (e.g., professional or semi-professional team) is considered a recognized professional team for purposes of NCAA amateurism legislation. [References: NCAA Bylaw 12.02.5-(a) (professional athletics team)]