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College Sports, Division III

NCAA Division III Secondary Case Review: Student-Athlete Fundraising

The Michael L. Buckner Law Firm continues its educational series on NCAA Division III legislation through a review of selected cases involving secondary rules-violations. Today’s post reviews a secondary case involving a violation of NCAA Division III Bylaw 12 which covers Amateurism legislation.

The bylaw was cited in Secondary Case Number 40760 (August 27, 2009), which involved the institution’s baseball and women’s volleyball programs. The case is summarized below:

Facts: The institution’s men’s baseball and women’s volleyball programs conducted a fundraiser in which some of the funds were earmarked for specific student-athletes (SAs). Specifically, from February-May 2009, the programs created an in-house letter writing campaign in an effort to raise funds for team trips. Each athlete needed to raise on average $500.  The volleyball program permitted those that did not want to take part in the letter writing campaign to work camps and tournaments to raise their funds. The violation was discovered following the assistant athletics director’s attendance at the regional rules seminar.

Institution Action: In the future, the institution may opt to do these campaigns, but all monies are to be directed toward the program as a whole and not to one specific SA, nor should a SA be held responsible for providing monies over and above what he/she did not raise for that specific trip or program.

Enforcement Action: No further action. However, the institution is advised that future similar violations could result in fundraising activities being prohibited for a period of time.


About Justin P. Sievert, Esquire

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


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