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College Sports, Education

NCAA Mandates for Institution’s Rules-Compliance Programs, Part II

NCAA legislation mandates colleges and universities satisfy minimum rules-compliance standards. Over a two-part series that concludes today, we will review NCAA Bylaw 22.2.1.2 that describes an institution’s rules-compliance responsibilities. Specifically, Bylaw 22.2.1.2 states “membership in the Association places the responsibility on each institution to ensure that its staff, student-athletes and other individuals and groups representing the institution’s athletics interests comply with the applicable Association rules and regulations”. Bylaw 22.2.1.2-(e) provides “at least once every four years, its rules-compliance program is the subject of evaluation by an authority outside the athletics department”. The bylaw requires the rules-compliance evaluation or audit to “include a review of the following program areas”:

•Governance and organization
•Initial-eligibility certification
•Continuing-eligibility certification
•Transfer-eligibility certification
•Academic Performance Program
•Financial aid administration, including individual and team limits
•Recruiting (e.g., contacts and evaluations, official and unofficial visits)
•Camps and clinics
•Investigations and self-reporting of rules violations
•Rules education
•Extra benefits
•Playing and practice seasons
•Student-athlete employment
•Amateurism
•Commitment of personnel to rules-compliance activities.

A review of the bylaw’s legislative history is helpful in understanding the purpose of the rule. Proposal 2009-5, which was adopted on June 29, 2009, amended the Bylaw 22.2.1.2 “to specify that the required once in four years evaluation of an institution’s rules-compliance program by an authority outside the athletics department shall include a review of specifically enumerated program areas”. The proposal “clarifies particular areas of responsibility that must be included in the evaluation of an institution’s rules-compliance program”. Further, the proposal added a “list of rules-compliance program areas [that] will provide institutions with increased knowledge of the athletics certification program’s requirements”.

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About Michael L. Buckner, Esquire

An attorney who provides clients with internal investigation, civil litigation, estate planning and compliance services.

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