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College Sports, Division I, Education

NCAA Secondary Case Review: Automobile Transportation and Comp Admissions for Prospects

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 Bylaws 13.5.2.2 and 13.6.7.2. The rules provide:

Bylaw 13.5.2.2 – Automobile Transportation.
If a prospective student-athlete travels by automobile on an official paid visit, the institution may pay round-trip expenses to the individual incurring the expense (except the prospective student-athlete’s coach as set forth in Bylaw 13.8.1.1) at the same mileage rate it allows its own personnel. Any automobile may be used by the prospective student-athlete, provided the automobile is not owned or operated or its use arranged by the institution or any representative of its athletics interests. [R] (Revised: 1/11/94)

Bylaw 13.6.7.2 – Complimentary Admissions.
During the official visit, a maximum of three complimentary admissions to a home athletics event at any facility within a 30-mile radius of the institution’s main campus in which the institution’s intercollegiate team practices or competes  may be provided to a prospective student-athlete.  Such complimentary admissions are for the exclusive use of the prospective student-athlete and those persons accompanying the prospective student-athlete on the visit and must be issued only through a pass list on an individual-game basis.  Such admissions may provide seating only in the general seating area of the facility used for conducting the event. Providing seating during the conduct of the event (including intermission) for the prospective student-athlete or those persons accompanying the prospective student-athlete in the facility’s press box, special seating box(es) or bench area is specifically prohibited.  [R] (Revised: 1/10/90 effective 8/1/90, 1/11/94, 10/28/97, 11/1/00, 4/26/01 effective 8/1/01, 4/24/03, 1/9/06, 4/24/08 effective 8/1/08)

The bylaws were cited in Secondary Case Number 46419 (November 22, 2010), which involves Division I men’s soccer. The case is summarized below:

Facts: PSA on an official visit traveled with team on team bus to an athletic competition. PSA was on complimentary pass list but due to riding team bus, did not sign for ticket.

Additional Facts: Level II

Institution Action: Letter of reprimand issued to involved coach. PSA will be required to donate value of benefit to charity. Letters of admonishment and rules education with involved staff members.

Enforcement Action: Filed.

Eligibility Action: STAFF: Withdrawn by institution 2/23/11 given violation does not impact eligibility.

Rationale: None provided.

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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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