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College Sports, Division I, Education

NCAA Secondary Case Review: Advertisements and Promotions

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 The rule provides:

Bylaw – Advertisements and Promotions After Becoming a Student-Athlete.

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 bylaws were cited in Secondary Case Number 47463 (January 5, 2011), which involves Division I men’s basketball. The case is summarized below:

Facts: Subsequent to initial collegiate enrollment first year men’s basketball student-athlete’s (SA’s) father provided testimonial for college placement service’s website and it continued to be available on website. Specifically, in August 2010, prior to initial collegiate enrollment SA’s father provided a testimonial regarding academicrecruits.com which was posted on website and continued to remain available subsequent to his initial collegiate enrollment for 2010-11 academic year. SA was unaware it was impermissible for his father to provide a testimonial and institution states he had forgotten he gave testimonial. Institution discovered violation when college placement service contacted institution for a picture of SA. Neither SA or SA’s father received any renumeration for providing endorsement of service.

Institution Action: Institution sent a cease and desist email to company as well as speaking to them directly and testimonial has subsequently been removed from website. Institution provided rules education with involved SA.

Enforcement Action: Secondary violation; no further action.

Eligibility Action: STAFF: Eligibility reinstated.

Rationale: STAFF: Based on case precedent.


About Michael L. Buckner, Esquire

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


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