NCAA Rules That Could Have Been

The NCAA Division I Manual takes a lot of criticism for being a large and unwieldy beast full of esoteric and confusing rules. The size is a bit overstated, and much more complicated legal codes can be found. But the best way to defend what’s in the Manual is to point out what isn’t in the Manual.

Every year, about a hundred or so proposals are offered. Many tend to be adopted. And most are approved without much debate or controversy. But between the tendency of NCAA committees to go wherever the data points them and 31 conferences with their own ideas, sometimes proposals can go off the reservation. So here’s the 10 craziest NCAA rules of the last decade that never made it over the hump into the Manual.

#10: 2008-27

In women’s lacrosse, to specify that an institution’s athletics department staff member shall not arrange lodging for a prospective student-athlete on an unofficial visit in an enrolled student-athlete’s residence (e.g., dormitory room, apartment) until August 1 following the prospective student-athlete’s junior year in high school.

2008 began a series of innovative recruiting proposals that lead to a through review of the entire recruiting model that started in 2009 and continues to this day. Part of the impetus for that review was a series of proposals by the Ivy League in women’s lacrosse designed to test different recruiting reforms. The proposal even expressly stated that the concepts could be a pilot program in women’s lacrosse, then expanded to other sports.

The most specific among them was 2008-27, which sought to eliminate the unofficial official visit, where a junior prospect stays overnight, gets free tickets to games, but pays for her own food, transportation, and entertainment. All of the sport-specific legislation was defeated, although many of the concepts were combined in another proposal on the list the following year.

#9: 2010-76

In women’s basketball, to reduce the annual limit on the number of counters at each institution from 15 to 13.

The most recent proposal on the list, offered by the Metro Atlantic Athletic Conference, sought to reduce women’s basketball’s scholarships to the same level as men’s basketball.

The proposal is noteworthy for two reasons. First, it is the only reduction in financial aid for a sport that has been proposed since 2000. Even men’s sports have gotten proposals seeking to increasing scholarship limits. And secondly was the MAAC’s “use it or lose it” rationale, pointing out that the average number of women’s basketball scholarships used was 13.08.

#8: 2007-23-A

In tennis, to specify that, prior to full-time collegiate enrollment, an individual may accept prize money based on his or her place finish or performance in open athletics events, not to exceed $10,000 per calendar year; further, to specify that once the individual has reached the $10,000 limit, he or she may receive additional prize money on a per event basis, provided such prize money does not exceed his or her actual and necessary expenses for participation in the event.

Division I has always struggled with regulating the amateur activities of prospective student-athletes, who often don’t know the rules but who are equally likely to be attempting to manipulate them. No where is that no prevalent or more highly regulated than tennis. But in 2007, tennis almost went off the deep end of deregulation.

2007-23-A would have allowed for a tennis prospect to pocket $10,000 per year in prize money and then continue to accept prize money, provided it was only for actual and necessary expenses in each event. The rationale was that tennis is exceedingly expensive to play at the elite level, and the $10,000 per year often just covers unitemized expenses. Sponsored by the Ivy League, both 2007-23-A and an alternative allowing $10,000 total were both defeated.

#7: 2003-69

To eliminate the requirement that each Division I member institution, at least once every 10 years, complete an institutional self-study, verified and evaluated through external peer review.

Certification is built into the fabric of Division I athletics at this point. Every 10 years a school studies itself, submits itself to a peer review, evaluates its progress over the last decade, and offers a plan for growing over the next 10 years.

Following the first cycle of certification and as the second cycle ramped up, the Metro Atlantic Athletic Conference decided the exercise had reached its conclusion. Claiming second cycle certification had produced “few tangible benefits,” the MAAC proposed to do away with continued certification of athletic departments, and proposed ongoing review of topical areas conducted by conferences. After drawing a sharp rebuke from the Committee on Athletic Certification, the MAAC withdrew the proposal.

#6: 2005-162

To specify that an individual who officially registers, enrolls and attends classes at one of the three national service academy official preparatory schools (i.e., Army, Navy, Air Force) prior to initial full-time collegiate enrollment shall not be subject to the contact limitations in Bylaw 13 and shall be considered a student-athlete for purposes of contact by athletics staff members at other Division I institutions.

Proposed by the Patriot League, home of Navy and Army, 2005-162 would have essentially turned into student-athletes anyone who enrolled at one of the official military prep schools. That means recruiting restrictions would not have applied, and anyone from another school seeking to recruit this prospects would have had to get permission to contact these high schoolers.

The rationale was that the United States Military was already investing substantial resources in these prospects, and thus they should be treated like student-athletes. While our service academies get a number of breaks in the NCAA legislation, a de facto farm system went too far and was seen as too much of a competitive advantage. Thus it was defeated.

#5: 2009-28-A

In women’s soccer, to revise or establish restrictions related to contacts, telephone calls official and unofficial visits, offers of financial aid and involvement in nonscholastic-based soccer programs, as specified.

There has been a lot of talk of recruiting models and comprehensive recruiting reform. But no single proposal capture an entire recruiting model quite like 2009-28-A. “As specified” meant no contact prior to August 1 before a prospect’s senior year in high school. That meant no unofficial visits, no phone calls made or received, no off-campus contacts, and no club coaching by college coaches, although official visits were moved up to August 1, allowing them to be taken before school started for prospects.

Proposed by the SEC, the fear amongst the membership was that August 1 would be a feeding frenzy of coaches who would pressure student-athletes to make a decision quickly to fill a recruiting class they were used to being finished with up to two years prior. Both this proposal and a companion offered by the Ivy League proposing many of the same restrictions for all sports were both defeated.

#4: 2004-121

In men’s basketball, to specify that the head men’s coach must annually develop an individual personal growth plan with each student-athlete using community and institutional resources; further, to require the coach to periodically meet with each student-athlete to ensure that appropriate progress is being made toward the objectives set forth in the student-athlete’s personal growth plan.

Offered as part of a package developed by the NABC, this proposal would have required the creation of a mentioning plan between head coaches and student-athletes in men’s basketball. It’s a far cry from the NABC’s recent stance of deregulating most men’s basketball activities outside of money funneling.

The unanswered question is how this would ever be monitored. Sure, plans could be created and filed. And meetings could be scheduled and tracked. But how would you ever know if a student-athlete was progressing along his personal growth plan? Sadly we’ll never know. The proposal was defeated, resoundingly so, by a vote of 41-4.

#3: 2001-69

To specify that there shall be no simultaneous telecasting or cablecasting of regular season intercollegiate football games on Friday nights.

There’s college football televised on almost every night. But back in 2001, the Atlantic Coast Conference proposed leaving Friday Night Lights for high school only. There was one catch though: a Friday game could be broadcast live if it finished by 7:00 PM everywhere it was broadcast. So had the ACC not withdrawn the proposal after it was introduced, perhaps college might have seen the Friday Night Dusk.

#2: 2002-97, 2006-86

To establish an NCAA Division I Nonscholarship Football Championship.

Twice since 2000, the Football Championship Subdivision teams that do not provide scholarships have asked for the NCAA’s assistance in creating their own national championship. Conference of nonscholarship FCS schools are not eligible for automatic bids and the individual schools are rarely, if ever, selected as at-large participants. On two separate occasions, the schools have tried to carve out their own unique niche.

2002-97 was to create an official NCAA championship for Division I FCS (I-AA at the time) nonscholaship football. 2006-96 asked to allow schools to exempt the games in a non-NCAA championship event for nonscholarship football programs. As the calls for a major college playoff get louder and louder, we almost had two Division I playoffs without including the big boys.

#1: 2000-103

To permit a student-athlete to obtain a loan (not to exceed $20,000) based on future earnings potential from a centralized lending institution, as specified.

First the particulars: it wasn’t all student-athletes. Only student-athletes that had qualified for the NCAA’s disability insurance for elite student-athletes. Currently, that would apply to student-athletes who are projected to be drafted in the first round of the NBA, MLB, or WNBA Draft or first three rounds of the NFL or NHL Draft. And it wasn’t a loan from just anyone but from a real bank.

The Academics/Eligibility/Compliance Cabinet sponsored the proposal through the Management Council, the predecessor to the Legislative Council. The Board of Directors did not yet have authority to sponsor legislation, so 2000-103 came from as close to the top as it could back then.

And the proposal was never actually defeated in an up and down vote. It was tabled and forgotten until 2008 when the shift to the current governance structure finally killed the proposal. It may not be paying athletes exactly, but it’s the most surprising rule that could have been from the last 10 years.

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

Cut Out The Middlemen, Not July

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

Somewhere along the way, the two July evaluation periods became the epitome of everything that was wrong with college basketball recruiting. Perhaps it was the anecdotes of coaches signing 11 month leases on apartments and then spending an entire month on the road recruiting. Perhaps it’s the fact that the entire evaluation period is solely focused on AAU basketball, which gets the somewhat negative moniker of “nonscholastic” in the NCAA Manual. Whatever the reason, the popular image of July is that it’s the Wild West, an unregulated feeding frenzy of coaches looking for players and any number of people looking to profit off that fact.

In reality, the July evaluation periods in men’s basketball are the most structured and heavily regulated periods in the entire recruiting landscape. While college coaches may attend open gyms at high schools, the vast majority of evaluation takes place at certified events. Certified events must register with the NCAA and meet the lengthy list of 17 requirements in NCAA Bylaw 13.18 covering topics from the price of event packets to when games can start. Not to mention they are some of the only recruiting periods that is monitored in person by members of the enforcement staff, who are making their presence felt:

“We have the NCAA gestapettes around here like World Cup officials,” one coach said, referring to the NCAA representatives — most of whom are women — who monitor the summer circuit. “You smile at a kid, they give you a yellow card. Do it twice, it’s a red card and you’re off the road.”

While that comment shows that the Basketball Focus Group has a great deal of work to do in their primary goal (building a healthy respect for the enforcement process), it’s a start that would not be possible during any of the other recruiting periods on the men’s basketball calendar.

The impetus behind ending July recruiting has little to do with what actually happens in July (largely a bunch of coaches cordoned off in little pens watching games for 12 hours a day) and more what the rising importance of the July recruiting period represents: the growing influence in the recruiting process of third parties not tied to educational institutions.

It may seem counterintuitive, but the best way to reduce the influence of corrupt AAU coaches, agents, handlers, trainers, runners, and other intermediaries is to provide coaches with more direct access to these events. The best evaluations are ones untainted by someone else’s subjective opinions or underhanded motives. Prevent coaches from evaluating first hand at July events and the events will still go on, the evaluations will just be placed in the hands of the same people above whose power in the recruiting process the Collegiate Commissioners Association is looking to reduce.

The same goes for contacts and communication. I’m not a college basketball recruiting expert but I have to believe that one of the most valuable opportunities a coach can get is a chance to sell a prospect on his program without another voice whispering in the prospect’s ear.

The trouble with the basketball recruiting model as it stands now is that it exists in limbo between the tightly controlled football recruiting rules and the looser rules that apply to other sports. Rather than crafting a new model, the basketball recruiting calendar seems to be an evolution of the other sports, with fewer contact/evaluation periods and a second limit (recruiting person-days) imposed to contain costs. To that was later added a ban on attending nonscholastic events during the academic year.

If you start with the premise that the July recruiting period works rather than fails, the path to a new basketball recruiting model seems clear. Three major evaluation periods (roughly late-September/early-October, mid-April, and July) outside of the basketball season where attendance at nonscholastic events is permitted. A smaller number of evaluation days for use during the season to scout high school games. And removal of off-campus contacts from counting against the use of off-campus recruiting days.

Such a model would move most of the in-person evaluation of prospects to outside of the periods where coaches are needed on campus most (finals and the basketball season). It would provide coaches with increased direct contact with prospects. It would give coaches direct access to cost-effective AAU tournaments that have continued to exist despite the lack of college coaches in attendance. And it would expand the opportunity for in-person monitoring by the Basketball Focus Group during periods of intense recruiting.

While the model proposed by Santa Clara head coach Kerry Keating has merit, it would be a large step in the other direction. With expanded evaluation and contact periods and more freedom to use recruiting person-days, it would spread recruiting so wide and far that the ability of institutions and the NCAA to monitor what is happening in gyms would be severely reduced. Not to mention that it would be hurt by the idea floated by the recruiting cabinet in some potential recruiting models (pdf) to abolish the annual limit on evaluations of one prospect. It’s not hard to imagine burnt-out coaches spending a large chunk of their recruiting days evaluating—or more accurately babysitting—committed prospects.

The core of Coach Keating’s plan—evaluation of prospects based on institutional discretion—could be accomplished through a different bit of deregulation, allowing coaches to watch any video of a prospect they can get their hands on. Specifically, changing this interpretation from April 29, 2009:

The academic and membership affairs staff determined that it is not permissible for an institution to obtain video (e.g., live streaming video, recorded video) of any nonscholastic activities, including regular game and all-star competition, or any summer camp or clinic competition, through a subscription fee or other associated fee paid to a recruiting or scouting service.  Further, it is not permissible to obtain any nonscholastic video that is available only to a select group of individuals (e.g., coaches), even if there is no charge associated with such individuals accessing the video.

That would open up coaches to view any video of prospects playing in any sort of game at any time. There would be one issue to be sorted out: who would provide the video of prospects? Eliminating or changing this interpretation would create a market for another middleman. If that middleman is a legitimate business providing a needed service, there are few worries. However, if it became another tool for handlers of prospects to charge a price of admission for access to a prospect, it could exacerbate the current problems. Done right thought, it allows for more evaluation of prospects without the costs (both monetary and otherwise) of having coaches on the road throughout the year.

The problem with the July recruiting period has little to do with those 20 days themselves. Rather, the problem is what the focus on those 20 days allows to happen during the other 345. The idea of eliminating the July recruiting period is not without merit, especially as the membership considers the possibility of summer practice in men’s basketball. But it’s just as likely to exacerbate the problems in men’s basketball recruiting as it is to solve any of them.

About John Infante

The opinions expressed on this blog are the author’s and the author’s alone, and are not endorsed by the NCAA or any NCAA member institution or conference. This blog is not a substitute for a compliance office. If you’re a coach, do not attempt to contact the author looking for a second opinion. If you’re a parent, don’t attempt to contact the author looking for a first opinion. Compliance professionals are by their nature helpful people generally dedicated to getting to the truth. Coaches should have a bit of faith in their own, and parents should talk to one directly.

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