NCAA Rules Pertaining to Faculty Involvement with Student-Athletes and Prospective Student-Athletes

The NCAA has strict guidelines pertaining to faculty interaction with currently enrolled student-athletes as well as prospective student-athletes being recruited to NU. It is very important that university faculty be informed of the basics of these rules to ensure that no violations occur that might affect the reputation of the university and jeopardize any student’s educational and athletic endeavors.

As a basic principle, enrolled student-athletes are not permitted to receive any extra benefits from faculty or other university employees. The NCAA defines an extra-benefit as any special arrangement by an institutional employee provided to an enrolled student-athlete (or a student-athlete’s relatives or friends) that is not available to the general student body of that institution.

Examples of arrangements that may be extra benefits include, but are not limited to:

• Special arrangements for late assignments or make-up exams if these arrangements are not available to the class as a whole;
• Allowing student-athletes to miss classes if these arrangements are not available to the class as a whole;
• The use of a copying machine or typing services that are not available to the general student body;
• Preferential grading for student-athletes;
• Special arrangements for extra credit work that are not available to the class as a whole; or
• Providing transportation or the use of an automobile to an enrolled student-athlete.

As a general rule, a professor or other instructor should not make any arrangements with a student-athlete that he or she would not make for other students in that  particular class.

In the case of prospective student-athletes, (meaning those who are being recruited for Niagara athletics) faculty members are not permitted to recruit off-campus on behalf of the University. Faculty members are permitted to have on-campus contact with recruits, and may write or telephone a prospect about academic progress or issues. Faculty members should, however, notify the Department of Athletics about any contact they have with prospective student-athletes. It is never permissible for any university employee to provide prospects with any improper benefit or     inducement to attract them to NU.

Any faculty member who is approached by a coach should notify the Department of Athletics.

NCAA Rules Pertaining to Faculty and Non-Athletic Department Staff Member’s (F/SM) Role in Recruiting Prospective Student-Athletes

Many NU faculty and staff members (F/SM) are asked to assist in the recruitment efforts of prospects due to their academic expertise and enthusiastic support of our athletics program. Therefore, the Athletic Compliance Office is charged with making sure they are aware of NCAA recruiting regulations so as to avoid any potential or inadvertent institutional violations. Please take a moment to review the following NCAA rules relative to faculty and staff member’s involvement in recruiting:

• F/SM may have only on-campus contact with prospects. Unavoidable, incidental off-campus contact is permissible provided no discussion relevant to NU athletics takes place.
   
• F/SM may telephone prospects subject to institutional limits (e.g., one telephone call per week following July 1 of the prospect’s junior year in high school). The institution’s coach is responsible for assuring that this limitation is not exceeded.
   
• F/SM may not be present at dinner with a prospect unless it is on-campus or, on only one occasion during the visit, in the home of an institutional staff member.
   
• F/SM may write prospects following September 1 of the prospect’s junior year in high school (following September 1 of the prospect’s sophomore year for men’s basketball recruits).
    
• F/SM may send pre-enrollment information regarding orientation and academics provided the prospect has signed a National Letter of Intent with NU or has been officially accepted for enrollment by NU. Non-athletics institutional publications available to all prospective students, such as official academic, admissions and student-services publications may be provided to prospects after September 1 of their junior year in high school (following September 1 of the prospects sophomore year for men’s basketball recruits).

If you have any questions regarding these rules or any other situations regarding NU student-athletes, please contact the Compliance Office at (716)286-8602.

Pre-Existing Relationship With a Current or Prospective Student-Athlete

Representatives of Athletic Interests at Niagara University are prohibited from providing any type of benefit to a current or prospective student-athlete (PSA). NCAA Bylaw 12.1.1.1.6 prohibits preferential treatment, benefits or services because of the individual's athletic reputation or skill or payback potential as a professional athlete, unless such treatment, benefits or services are specifically permitted under NCAA legislation.

The only exception to this rule is if there is a clear preexisting relationship between the representative of athletic interests and the student-athlete. The NCAA membership services staff reviewed the application of Bylaw 12.1.1.1.6 as it relates to factual situations in which an individual (student-athlete or PSA) has received benefits prior to collegiate enrollment from someone other than a family member or legal guardian, and agreed that the following objective guidelines should be used in determining whether such benefits are contrary to the legislation:

1. Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefits develop as a result of the athlete's participation in athletics or notoriety related thereto?
2. Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefits predate the athlete's status as a PSA?
3. Did the relationship between the athlete (or the athlete's parents) and the individual providing the benefits predate the athlete's status achieved as a result of his or her athletics ability or reputation?
4. Was the pattern of benefits provided by the individual to the athlete (or the athlete's parents) prior to the athlete attaining notoriety as a skilled athlete similar in nature to those provided after attaining such stature?

The subcommittee, however, noted that the origin and duration of a relationship and the consistency of benefits provided during the relationship are key factors in determining whether benefits provided are contrary to the spirit and intent of Bylaw 12.1.1.1.6. The subcommittee determined that prior to initial full-time collegiate enrollment, a PSA may receive normal and reasonable living expenses from an individual with whom the student-athlete has an established relationship (e.g., high-school coach, nonscholastic athletics team coach, family of a teammate), even if the relationship developed as a result of athletics participation, provided:

1. The individual is not an agent,
2. The individual is not an athletics representative of a particular institution involved in recruiting the prospect, and,
3. Such living expenses are consistent with the types of expenses provided by the individual as a part of normal living arrangements (e.g., housing, meals, occasional spending money, use of family car).

The subcommittee noted that the above mentioned interpretation does not apply to individuals who have no logical ties to the prospect. It also noted that a current student-athlete who, prior to initial full-time collegiate enrollment, has been receiving normal and reasonable living expenses from an individual with whom he or she has an established relationship may continue to receive occasional benefits (e.g., meals during campus visits, reasonable entertainment) from that individual or family that they have the established relationship with. Such expenses may not include educational expenses associated with a grant-in-aid (i.e., tuition and fees, room and board, and course related books).

Please contact the Niagara University Compliance Office PRIOR to providing a benefit of any kind to a current or prospective student-athlete, and for questions regarding the above information.