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College Sports, Division I, Education

NCAA Division I: NCAA Bylaw 11.4.2 Advisory

On December 7, 2011, the NCAA released an educational column discussing NCAA Bylaws 11.4.2 and 13.02.17. This legislation was adopted to combat the growing practice of hiring individuals whose primary value to an institution was the connection to a specific prospective student-athlete to increase the likelihood of the involved prospective student-athletes’ enrollment at the institution.

NCAA Bylaw 11.4.2 states “in men’s basketball, during a two-year period before a prospective student-athlete’s anticipated enrollment and during a two-year period after the prospective student-athlete’s actual enrollment, an institution shall not employ (or enter into a contract for future employment) an individual associated with a prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position.” NCAA Bylaw 13.02.17 defines an individual associated with a prospective student-athlete as “any person who maintains (or directs others to maintain) contact with the prospective student-athlete, the prospective student-athlete’s relatives or legal guardians, or coaches at any point during the prospective student-athlete’s participation in basketball, and whose contact is directly or indirectly related to either the prospective student-athlete’s athletics skills and abilities or the prospective student-athlete’s recruitment by or enrollment in an NCAA institution. This definition includes but is not limited to parents, legal guardians, handlers, personal trainers and coaches.”

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

  1. By definition, an NCAA, a two-year college or an NAIA coach could trigger IAWP status by performing coaching-related responsibilities relative to any prospective student-athlete with whom the coach has been associated as a result of the following: (a) currently enrolled student-athletes coached at a previous institution; (b) prospective student-athletes recruited by the coach to his previous institution; and (c) associations with pre- and post-secondary scholastic entities. Thus NCAA Bylaw 11.4.2 is applicable to the employment of all the above individuals.
  2. If an institution hires a former NCAA, two-year college or NAIA coach in a noncoaching staff position or as a strength and conditioning coach within the specified two-year window, all prospective student-athlete’s that trigger IAWP status for the individual are permanently ineligible for competition at the institution.

This educational column references NCAA Division I Bylaws 14.1.8.2 (requirement for competition) and 14.1.8.2.6 (nontraditional courses).

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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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