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College Sports, Division I, Division II, Division III, Education

NCAA Division I/II/III: Expenses from a Recruiting Service of Event Operator

On October 6, 2011, the NCAA released an educational column discussing expenses from a recruiting service. The column clarified that “all funds for the recruitment of prospective student-athletes shall be deposited directly with the member institution, which shall be exclusively and entirely responsible for the manner in which such funds are expended.”

The following highlights some of the major points NCAA institutions should take from this column:

  1.  It is not permissible for any outside organization or individual (e.g., recruiting or scouting service, event operator) to provide institutional coaching staff members with expenses (e.g., travel, lodging) to attend any event for recruiting purposes. Such expenses are considered funds donated for recruiting purposes and such funds must be deposited directly with the member institution, as opposed to being provided directly to an institutional coaching staff member(s).
  2. Any individual or organization that provides funds directly to the athletics department would be considered a representative of athletics interests and subject to all legislation applicable to that status (e.g., contact, telephone and evaluation restrictions).

This educational column references NCAA Division I Bylaws 13.1.2.4 (other restrictions, athletics representatives) and 13.14.4 (slush funds), Division II Bylaw 13.1.2.3 (other restrictions), Division III Bylaws 13.02.11 (representative of athletics interests) and 13.01.4 (recruiting by representatives of athletics interests), Divisions I and II Bylaws 13.02.14 (representatives of athletics interests) and 13.14.4 (slush funds), Divisions I, II and III Bylaw 13.14.1 (institutional control).

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About Justin P. Sievert, Esquire

Bar Admissions (North Carolina, Florida and Tennessee) Practice Area (College Sports Law)

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