Multi-Year Scholarships and Oversigning Limits Go Hand-In-Hand

To say that oversigning is a major issue in college football is incorrect. Roster management is the issue, with oversigning being just one facet of the larger controversy. It would be absurdly easy to eliminate oversigning with no improvement in student-athlete welfare.

All sports have roster management challenges. The other headcount sports have to manage relatively small scholarship limits in gigantic, full scholarship chunks. Equivalency sports have the complexity of varying amounts of aid and a renewal process that includes increases and decreases as well as renewals and nonrenewals. Men’s sports have roster maximums, women’s sports may have roster minimums. And baseball combines all of them, with NCAA limits on counters, equivalencies, roster size, and minimum scholarship amounts, plus how MLB’s liberal draft policies create uncertainty once a player is a junior.

The challenges of roster management become a controversy in football for three reasons. First and most obvious is that football garners the most attention. Second, the physical nature of the game and the large roster size make depth as important as top talent for some teams, magnifying what happens to each and every scholarship player. And third, football’s initial counter rule means the roster of incoming players comes under the same pressures as the student-athletes already on the team, during a recruiting and signing process that is becoming more popular with fans.

In responding to Tennessee head football coach Derek Dooley’s criticism of the SEC’s (and next year NCAA’s) new limit of 25 signees, David Wunderlich proposed just that: eliminate the limit on initial counters and adopt a Big Ten-style oversigning rule based on the 85 overall counter limit. That would give coaches greater flexibility by removing one limit and basing any signing limit on the more fundamental of football’s two scholarship limits. The problem is that in the current environment, the Big Ten’s rule does not scale.

If you were to ask when an athletic scholarship naturally ends, there are two correct answers. One is that scholarships end when the period of award is over, which for a long time has been a maximum of one year. But student-athletes have the opportunity to appeal any time their scholarship is reduced, non-renewed, or cancelled until they exhaust their eligibility. If a football player redshirts, graduates in four years, then walks in to quit the team, he still must be offered the opportunity to appeal the cancellation of his scholarship.

Key to the Big Ten’s oversigning limit is evaluating why scholarships are ending and judging whether schools should be able to replace that student-athlete with a new recruit. The stability and homogeneousness of the Big Ten’s membership has made this workable. Whether it remains workable in a larger conference with more fluid and diverse membership is questionable. And the idea of the NCAA running such an office sounds like a trap for the Association.

Without this evaluation, the oversigning limit is meaningless because a coach can simply clear out enough scholarships for whatever size class he wants by nonrenewing more current players before signing day. Those student-athletes might even be given the opportunity to earn back their scholarship during spring practice, creating the same situation we are trying to eliminate, where 90 current and prospective student-athletes might be competing for 85 scholarships. The only win for student-athlete welfare is that the scholarships are not renewed prior to signing day, so student-athletes could seek out a new school.

But if Proposal 2011–97 survives the ongoing override vote and multi-year scholarships become an option, the need for an evaluation of why a scholarship ended by a conference would be reduced if not eliminated. If four- or five-year agreements are the standard, then they are close enough to the end of the right to an appeal that they become more useful. If different lengths of scholarships are offered, athletes offered only one or two years of aid are on notice that their scholarship offers no guarantees beyond those couple of years.

Proposal 2010–74, the Big Ten’s failed baseball oversigning proposal, offers a guide for a potential rule. That proposal would have prevented baseball teams from oversigning by more than one equivalency spread over two individuals. But because it was designed for the limited time between MLB’s draft and signing deadline, the limit was set as written offers to prospects plus executed agreements with current student-athletes for the following year. As a result, the rule would have had little effect during the fall and part of the spring signing periods.

But with multi-year scholarships, football teams would have some agreements already executed for following years. If four-year or longer scholarships are the norm, then most agreements will already cover the next year. The rule might look something like this:

15.5.1.10.1 Executed Financial Aid Awards and Written Offers Exceeding Maximum Allowable Awards – Football.  In football, for an ensuing academic year, the combination of executed athletically related financial aid awards and outstanding written offers of athletically related financial aid (per Bylaw 15.3.2.3) to prospective student-athletes and student-athletes shall not exceed the maximum number of permissible awards (see Bylaw 15.5.6.1).

I would add the following as an additional limitation:

15.5.1.10.1.1 Cancellation of Multi-Year Agreements. An institution must count agreements that have been cancelled against the limit in Bylaw 15.5.1.10.1 until the student-athlete has exhausted or waived all appeal opportunities under Bylaw 15.3.2.4.

To clear roster space, a coach would have to find a permissible reason to cancel a scholarship during the period of award and complete the appeal process all prior to signing day. Adding in an exception if a coach grants permission to contact every Division I institution (an “unconditional release”) or pairing this oversigning limit with a transfer rule that granted a great deal of freedom to a student-athlete whose scholarship was cancelled would complicate matters, but would also discourage more roster turnover.

As much as roster management generally and oversigning in particular are seen as a numbers game, the controversy lies in individual cases. The Big Ten’s current rule does a good job of addressing the individuals potentially impacted when a school oversigns. If multi-year scholarships survive, there will be less need for conferences to examine the decisions on individual scholarships. Whether a scholarship ends prior to a student graduating or exhausting his eligibility will be based more on the scholarship he accepted or meeting the more objective requirements of the agreement.

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.

Oversigning and NCAA Federalism

One of the core tenets of the American political system is the idea of federalism. Among other definitions, federalism means:

A system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces).

In the United States, federalism exists due to the enumerated powers of the federal government. That is, the Constitution includes a list of subjects on which the federal government may legislate. Anything not on that list cannot be regulated on the national level, but must instead must be legislated by the individual states. There’s a rich debate to be had over whether this still exists in practice, but the theory is important here.

The NCAA has this basic setup. There is a federal government (the national association and office) and a set of 30 states (the conferences). The conferences select representatives to various national groups (Legislative Council, Leadership Council, Board of Directors, etc.) who then are charged with defending their interests while keeping in mind the needs of the national association.

The major difference between the United States and the NCAA is that the NCAA does not have enumerated powers. Any topic can be (and it seems always is) regulated at the national level. The conferences legislate on topics that either the members haven’t gotten around to legislating nationally, or because a conference wants a stricter rule than the national one.

This has come to a head with the SEC’s decision to limit oversigning in football. The SEC chose to base their oversigning limits on the annual limit of 25 initial counters. This is in contrast to the Big Ten, which focuses on the annual limit of 85 overall counters.

Opponents of oversigning have jumped on this conflict and the SEC’s decision to propose national oversigning rules as an opportunity to move the entire debate to the national level:

The NCAA has an obligation to create national rules on oversigning that make it clear that hoarding players and playing games with the numbers to gain a competitive advantage through highly unethical behavior has no place in the sport they regulate, that every recruit and current player IN EVERY CONFERENCE will be protected from forced attrition, and that every conference competing for BCS bowl spots and the money that comes with it will be on equal footing when it comes to the number of players they can recruit and sign.

To the extent that there is a baseline student-athlete welfare issue with national impact, the issue demands legislation on the national level. In my opinion, that issue surrounds the limit on 25 initial counters.

Why? Because when a coach signs the 26th prospect to a scholarship for the upcoming academic year, he has promised the prospect something it is impossible for him to provide. The coach either must yank the rug out from under one of those 26 young men or the balance between what a prospect promises and what the coach/institution promises (already an issue of intense debate), tilts exclusively in the coach’s favor.

When a coach signs the expected 86th prospect/student-athlete for the upcoming year, he has promised something that he may be able to provide without impacting student-athlete welfare. Even if a program is expected to return all 85 scholarship student-athletes, theoretically it could sign 25 players and enroll them all without doing anything nefarious. In practice, that is unlikely to be the case.

This disconnect between theory and practice is better legislated at the conference level. Far from ensuring the SEC maintains a competitive advantage, it offers a chance for conferences to create their own competitive advantages. While some may call it negative recruiting, there’s nothing morally wrong or impermissible about informing prospects and their parents/guardians that one conference offers more protections to student-athletes than another.

If that idea gained traction, it could turn around the race to the bottom. Imagine if conferences got creative:

  • A rule that allowed for an appeal to the conference office when a scholarship is cancelled or not renewed.
  • A rule requiring conference schools to renew scholarships within the first week of school, almost creating two-year scholarships.
  • A rule limiting the ability of conference schools to refuse permission to contact other schools under certain conditions

If every change is quickly reduced to a national rule, there is no way for conferences to differentiate themselves. And with the passage of Connecticut House Bill 5145 to go along with California’s AB 2079, we’re getting close to providing prospects with the tools necessary to make an informed choice between these different options.

We don’t find it to be a problem if one state has lower taxes but another state has cheaper health care and better roads. Both are taking different approaches to the same goal: attracting people and businesses. Solve the baseline national problem, and then give conferences the incentive to develop more student-athlete friendly rules.

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.

A Better Oversigning Rule

Often times when you see an article title like “Oversigning offenders won’t be curbed by NCAA’s toothless rule” you can safely assume there’s a bit of hyperbole at play. But in the case of Andy Staples excellent evaluation of the issues involved with oversigning in football, his assessment of Proposal 2009-48 and the twin bylaws of 13.9.2.3 and 15.5.1.10.1 is, if anything, generous.

The main problem with 2009-48 and how it affects oversigning is that two documents have been merged in the popular vernacular into a single package. When a prospect is reported to sign a National Letter of Intent (NLI), he or she actually signs two documents: the National Letter of Intent, and a grant-in-aid agreement (GIA), which is the actual athletic scholarship.

The NLI is often said to guarantee an athletic scholarship. In fact, the scholarship guarantees itself. During the period of award (a period that starts as soon as a prospect or student-athlete signs a scholarship agreement), Bylaw 15.3.4.2 allows the scholarship to be cancelled or reduced only if the student-athlete:

  • Renders himself or herself ineligible for competition;
  • Fradulently misrepresents any information on an application, letter of intent, or financial aid agreement;
  • Engages in serious misconduct; or
  • Voluntarily quits the team.

The NLI does not include any additional protections for student-athletes above and beyond the GIA. The NLI simply provides a bigger carrot for not canceling a prospect’s scholarship, namely that the NLI is declared null and void and the prospect is free to be recruited and attend another university. Fact is, the NLI does not obligate the institution to do anything it wouldn’t otherwise be obligated to do if the prospect signed just the scholarship itself and tossed the NLI.

The NCAA membership has, rightfully in my opinion, recognized that signing an NLI is not the only way for a prospect to end their recruitment. As a result, different proposals have provided many of the benefits of signing an NLI to any prospect who signs a GIA or even a walk-on who sends a deposit. At this point, the two main benefits of signing the NLI instead of just the scholarship agreement are the NLI recruiting ban and allowing the school to announce a prospect’s signing.

While this isn’t an anti-NLI post, the NCAA members and the Conference Commissioners Association should take a serious look at the NLI. The fundamentals are good in theory: in exchange for a scholarship, the prospect agrees to give the school a fair shake before transferring. In practice neither is the case and unless the bargain for the prospect is improved, the NLI risks a long, slow, but inevitable fade from relevancy.

The point of all this NLI talk is to show 2009-48 is not just a toothless rule, it really doesn’t limit oversigning at all. Bylaws 13.9.2.3 and 15.5.1.10.1 only limit NLIs to 28. The number of scholarship that can be doled out is still unlimited. Programs are still permitted to commit as many scholarships as they want, so long as the NLI is not attached. The twins don’t limit oversigning, they just require some of the oversigned prospects to be free to walk, since the GIA commits the school to the prospect but not the prospect to the school. And by a quirk of NCAA rules, institutions are prohibited from mentioning that they have signed these additional prospects.

For a true oversigning limit, scholarship agreements rather than NLIs need to be regulated. A real oversigning limit puts into force the following math problem:

GIAs to current SAs + GIAs to new SAs ≤ NCAA Limit

The question then is at what point is a scholarship committed to a prospect and student-athlete? Much has been made on websites like oversigning.com of verbal commitments and the Oversigning twitter feed (unaffiliated with oversigning.com) treats decommitments as possible attrition. Considering how fluid verbal commitments are in football, that’s not appropriate. Neither is the written offer referenced in the recently defeated Proposal 2010-74. Here the commitment is easy to see: signed scholarship agreements.

It’s much tricker on the student-athlete side. Proposal 2010-74, which addressed an issue specific to baseball uses “executed financial aid agreements” which doesn’t help limit scholarship offers in February since most student-athletes have signed agreements for next year. But the NCAA rules offer us a natural ending point for a scholarship. It may be only a one-year guarantee, but according to Bylaw 15.3.5.1, you must affirmatively take away the scholarship until the student-athlete exhausts his or her eligibility. The agreement can only naturally expire at that point.

So a true oversigning limit captures this slightly more complicated math:

GIAs to Current SAs with Eligibility Remaining Next Year + Signed Scholarships by Prospects ≤ NCAA Limit

Does that rule eliminate abuse? No, but it requires it to be managed much differently. At no point could a school be over the limit for next year. So in football, a program would need to nonrenew student-athletes right now. At the very least, it means a football student-athlete knows he needs to find a new school before the vast majority of the scholarships are given away.

Andy Staples’ recommendations are good, but are focused on protecting the prospects, potentially at the expense of current student-athletes. Even the most ardent defender of the one-year scholarship limit must agree though that every student-athlete deserves a fair shake to earn that scholarship for the next year and we should work to limit victims of an accounting requirement or the “bright and shiny” problem.

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.

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