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College Sports, Division I, Education

NCAA Secondary Case Review: Advertisements and Promotions After Becoming a Student-Athlete

The Michael L. Buckner Law Firm continues its educational series on NCAA legislation through a review of selected cases involving secondary rules-violations. Today’s post reviews a secondary case involving a violation of NCAA Bylaw 12.5.2.1. Bylaw 12.5.2.1 provides:

After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:

(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or

(b) Receives remuneration for endorsing a commercial product or service through the individual’s use of such product or service.

The bylaw was cited in Secondary Case Number 44739 (September 22, 2010) [Student-Athlete Reinstatement Case Number 36581 (September 1, 2010)], which is summarized below:

Facts: During summer 2008, third-year football student-athlete (SA) was involved in an impermissible promotional activity subsequent to enrollment. Specifically, SA was taking part in an interview conducted by a local newspaper in which fans could submit questions electronically to be answered by SA. SA conducted interview under direction of institution’s sports information staff. Near end of interview, SA was asked what was his favorite place to eat in locale of institution. SA responded by naming two local restaurants. SA had not been asked or told to endorse restaurants and did not receive any compensation or remuneration for endorsement. Violation discovered August 28, 2010, when director of compliance read interview in local newspaper.

Institution Action: Compliance office will create an educational information sheet concerning applicable legislation and distribute to all sports programs. Rules education session will be conducted with SA and staff members involved in arranging interview.

Enforcement Action: Secondary violation; no further action.

Eligibility Action: Eligibility reinstated.

Rationale: Based on case precedent.

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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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