NCAA Division I StudentAthlete Reinstatement Best Practices Stephanie

NCAA Division I Student-Athlete Reinstatement Best Practices Stephanie Grace Brad Rochman Megan Ryther Payton Williams

Overview Bylaws subject to reinstatement. Philosophy. Factors considered for reinstatement. Points of contact. De minimis violations. Restitution violations. Preparing a reinstatement request. Case examples.

Bylaws Subject to the Reinstatement Process NCAA Bylaw 10 (ethical conduct). Bylaw 12 (amateurism and athletics eligibility). Bylaw 13 (recruiting). Bylaw 14 (academic eligibility). Bylaw 15 (financial aid). Bylaw 16 (awards, benefits & expenses). Bylaw 17 (outside competition). Bylaw 18 (drug testing).

Reinstatement Philosophy � Student-athlete reinstatement = SAR � Students-first philosophy. � Put the student-athlete back in the position prior to the violation.

Factors Considered by SAR � Student-athlete’s culpability. � Institutional involvement. � Case precedent and SAR guidelines. � Mitigation/totality of circumstances. � Temporary review process.

Enforcement Staff Points of Contact AMA Interpretive Staff Student-Athlete Reinstatement AMA (Academic and Membership Affairs) Public and Media Relations Governance Eligibility Center

De Minimis Violations [D] Eligibility not affected. Reinstatement through RSRO (Requests/Self-Reports Online Case Management System) not necessary. Report violation to enforcement staff through RSRO. Institutional violation.

Restitution Violations [R] Violation of value totaling $100 or less. Reinstatement through RSRO not necessary. Report violation to enforcement staff through RSRO. Payment must be made prior to competition. Document repayment. Restitution payment to 501(c)(3) charity.

Preparing a Reinstatement Request: Who Ya Gonna Call? Is it a violation? Does the violation affect eligibility? What is the appropriate action?

NCAA SAR WEBPAGE

RSRO RESOURCES

Case #1: Outside Competition

Outside Competition � Voice University men’s and women’s basketball programs recently lost two of their starters, Cee-Lo and Shakira. � Men’s basketball student-athlete, Blake, and women’s basketball student-athlete, Christina, are scheduled to take their place as starters on the teams.

Outside Competition � However, over fall break, Blake, Christina and current men’s basketball starter, Adam, were involved in the 1 -day Hollywood Holiday basketball tournament in violation of the outside competition rule. � Blake, Christina and Adam are all ineligible under the outside competition rule and must go through reinstatement.

Outside Competition Compliance officer Carson discovers the violation Wednesday morning and both teams are scheduled to leave for 2 away-from-home competitions that afternoon. The contests are scheduled for Thursday and Saturday evening.

Outside Competition What should Carson do?

Urgent Cases � Defined as pending competition within 10 days. � Prioritized in the following order: › The date of the next contest; › The date the violation was discovered; and › The date the reinstatement request was submitted. 17

Helpful Tips for Urgent Requests Call the reinstatement staff. Gather all of the information. › SAR Buckley statement in RSRO. › Statements from involved individuals. › Other documentation. Indicate the next contest/competition and travel time. Be available.

Bylaw 17. 31. 1 and 17. 31. 2 (Outside Competition) Committee Guideline Starting point: 1 -for-1 withholding. Reinstatement staff should consider the following: › The student-athlete's responsibility; › The level of competition; › Timing of when the competition occurred (e. g. , was it during the championship season or during the off season); and › Any other relevant factors.

Case #2: Extra Benefits

Extra Benefits Football student-athlete Rick “The Sheriff” Grimes wants to buy supplies for his wife, softball student-athlete, Lori, and their son Carl. Short on money, he decides to trade his team-issued training shoes to The Terminus Outlet Store for $300.

Extra Benefits Committee Guideline Greater than $100 to $400 = 10 percent withholding condition and repayment.

Extra Benefits Rick “The Sheriff” Grimes is now ineligible and must go through reinstatement. � He is currently in the middle of his final year of competition at Survivor Tech. � Survivor Tech knows Rick can’t afford to repay $300 and wants to set up a repayment plan. �

Repayment Plans Good-faith agreement between the institution and the student-athlete. Approved by SAR prior to competition. Includes a repayment schedule. Full repayment fulfilled prior to SA exhausting eligibility during the regular season. Includes language addressing default. Repayment to a 501(c)(3) charity. 24

Draft Repayment Plan by Institution Repayment Plan for The Sheriff I, “The Sheriff”, agree to pay $300 to the Terminus Outlet Mall in order to restore my eligibility per NCAA rules. I agree to make payments of $25 per month in cash to Terminus Outlet Mall as repayment for the loan. If I choose to not make a payment one month, then I will make a payment of $50 the following month. Additionally, I agree to fulfill my repayment of the total $300 by the end of the 2014 -15 academic year. The Sheriff 10/24/14____ Student-athlete signature Zom Bee 10/24/14____ Institutional Representative

Final Repayment Plan by Institution Repayment Plan for Rick Grimes The National Collegiate Athletic Association (NCAA) has declared that football student-athlete Rick Grimes is required to provide repayment in the amount of $300 as a condition of reinstatement. The dollar amount previously mentioned was impermissibly provided to Rick Grimes. The schedule for repayment is attached and all copies of all repayments will be provided to compliance officer Zom Bee at Survivor Tech.

Final Repayment Plan by Institution I, Rick Grimes, agree to repay $300 to a charity of my choice by following the above schedule of repayment. I understand that if I miss a repayment date, I am automatically declared ineligible and if I compete while not current with the repayment plan then I have competed while ineligibility. My eligibility will be restored only after I am on schedule with my repayments. Additionally, I understand that if I fail to repay the full amount and default on the repayment plan, the NCAA will not allow any other student-athletes at Survivor Tech to enter into a repayment plan for a period of four years. Rick Grimes 10/24/14____ Student-athlete signature Zom Bee 10/24/14____ Institutional Representative

Final Repayment Schedule � The schedule of repayment for football student-athlete Rick Grimes is as follows: Payment Date Due Amount $75 10/24/14 $75 10/31/14 $75 11/24/14 $75 12/1/14 Amount Paid Date Paid SA Initials Inst. Rep. Initials

Helpful Tips for Creating a Repayment Plan � Include the total repayment amount. � Payment schedule should include amount and date. � Include language regarding eligibility and default. � Keep receipts and submit proof of repayment upon completion of the plan. � Check the repayment plan with the competition schedule.

Case #3: Competing While Ineligible

Competing While Ineligible � Phil, the director of compliance at U-Turn University, needs to submit a reinstatement request for Vienna, a women’s volleyball student-athlete who competed with the volleyball team in a tournament while academically ineligible.

Competing While Ineligible Phil submits the reinstatement request and responds to each RSRO prompt with “See attached document”. Phil creates a word document summarizing the violation and uploads the document to the RSRO system.

Competing While Ineligible � Did Phil submit all required information for a reinstatement request? � Does Phil need to submit any additional information and/or statements for the reinstatement request? � What is the best way to communicate with the SAR staff regarding the reinstatement request?

Competing While Ineligible � Vienna competed in 5 contests, including road competitions. � Vienna was unaware she was ineligible. � Institution provided statements from academic advisor, compliance officer, head coach and Vienna. � Guideline withholding condition is 1 -for-1.

Helpful Tips for Submitting a Reinstatement Request Communicate. Complete information in the text boxes provided. Include a signed SAR Buckley statement from RSRO. Upload all required signatures or use the e-signature. Include all relevant documentation: > Statement from the student-athlete; > Statements from other individuals involved; and > Supporting documentation. Mitigation. 35

Appealing A Decision � Vienna receives 1 -for-1 withholding condition for violation. � U-Turn University wants to submit an appeal in hopes of receiving a lesser penalty.

The Appeals Process Staff decisions are appealable to the NCAA Division I Committee on Student-Athlete Reinstatement. Waiver appeals are reviewed via the written record. Violation appeals may be reviewed on the written record or via a teleconference appeal. The Committee on Student-Athlete Reinstatement is the final authority.

Helpful Tips for Submitting an Appeal Be clear and concise in your points. Offer a potential outcome. Research guidelines. Research case precedent. Ø Distinguish from previous cases. Ø Search for “totality” when seeking a decision outside of the guidelines. Focus on mitigation. 38

Helpful Tips for Teleconference Appeals Familiarize yourself with the call order. Prepare the student-athlete for his or her statement. Designate an institutional presenter. Focus on the student-athlete and the mitigation. Be concise.

Questions