Booster Rules Promotional Activities Education Session

1. Booster Rules Promotional Activities Education Session SJSU Athletics Compliance Office September 23 & 28, 2010

2. Booster Defined NCAA Bylaw 13.02.14 defines a "representative of the institution's athletics interests" (more commonly referred to as a booster) as an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization who is known (or who should have been known) by the institution's executive or athletics administration to: (a) Have participated in or to be a member of an agency or organization promoting the institution's intercollegiate athletics program; (b) Have made financial contributions to the athletics department or to an athletics booster organization of that institution;

3. Booster Defined, cont’d… (c) Be assisting or to have been requested (by the athletics department staff) to assist in the recruitment of prospects; (d) Be assisting or to have assisted in providing benefits to enrolled student-athletes or their families; or (e) Have been involved otherwise in promoting the institution's athletics program. Indefinitely! Per Bylaw 13.02.14.1, once an individual or organization is identified as a booster, that identity is retained forever!

4. # 1: Bobby Bigman thanks Sammy Spartan for allowing his parents to ride in Sammy Spartan’s car. • Impermissible • NCAA Bylaw 16.11.2.3 prohibits an institution or a booster from providing a student-athlete or the student-athlete's relatives or friends a benefit not expressly authorized by NCAA legislation, including but not limited to transportation. • Per NCAA Bylaw 16.02.3, receipt of a benefit by student-athletes or their relatives or friends is not a violation of NCAA legislation if it is demonstrated that the same benefit is generally available to the institution's students or their relatives or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability.

5. #2: Sammy Spartan’s offer to Bobby to serve as an intern at one of his businesses. • Permissible • There is no legislation that prohibits a booster from employing student-athletes so long as the employment is in accordance with Bylaw 15.2.7 (next slide!). • NCAA Bylaws 13.2.3.3 & 13.2.3.3.1 allows an institution to arrange for employment or employ any prospect, provided the employment does not begin prior to the completion of the prospect's senior year in high school or prior to the prospect has officially withdrawn from or has graduated from a two-year college. 

6. #3: Sammy Spartan tells Bobby he will pay him a higher salary since more clients will use the business because Bobby is the starting center for SJSU’s basketball team. • Impermissible • NCAA Bylaw 15.2.7 requires a student-athlete's on- or off-campus employment to be conducted accordingly:  (a) The student-athlete's compensation does not include any remuneration for value or utility that the student-athlete may have for the employer because of the publicity, reputation, fame or personal following that he or she has obtained because of athletics ability; (b) The student-athlete is compensated only for work actually performed; and (c) The student-athlete is compensated at a rate commensurate with the going rate in that locality for similar services. • SJSU requires student-athletes to complete an Employment Form for any on- or off-campus employment.

7. #4: Sammy Spartan invites Bobby Bigman to his house for Sunday dinner. • Permissible. • NCAA Bylaw 16.11.1.5 allows a student-athlete to receive an occasional family home meal from a booster on infrequent and special occasions under the following conditions: (a) The meal must be provided in an individual's home (as opposed to a restaurant), on campus or at a facility that is regularly used for home competition and may be catered; and (b) A booster may provide reasonable local transportation to student-athletes to attend the meal function only if the meal function is at the home of that booster. • SJSU requires an Occasional Meal Form be completed and submitted to the Compliance Office PRIOR to the meal taking place.

8. #5: Parents of student-athletes are always welcome to attend pre-game booster club events as “honorary members” of the booster club and eat at the events for free. • Impermissible • This would be an extra benefit per NCAA Bylaw 16.02.3. • The parents of a current student-athlete could attend this event and eat only if they pay the value of the meal, or if they are members of the booster club.

9. #6: Sammy Spartan wishes his neighbor Ronnie Rebounder, a prospect, good luck. • Permissible • NCAA Bylaw 13.1.2.2(d) allows for contacts to be made with a prospect by a booster who is an established family friend or neighbor, it being understood that such contacts are not made for recruiting purposes and are not initiated by a member of an institution's coaching staff. • NCAA Bylaw 13.1.2.2(d) is an exception to the permissible recruiter’s legislation.

10. #7: Sammy Spartan promises to attend Ronnie Rebounder’s next game. • Permissible • NCAA Bylaw 13.1.2.4(b) permits a booster to view a prospect's athletics contest on his or her own initiative, subject to the understanding that the booster may not contact the prospect on such occasions. • In this case, Sammy Spartan could speak to Ronnie after the game because of his relationship with Ronnie as his neighbor.

11. #8: Sammy Spartan sends an e-mail to SJSU’s basketball coaches to make sure they are following the progress of the his neighbor’s basketball career. • Permissible • There is no NCAA legislation that prohibits a booster from pointing out a talented prospect to coaches. • NCAA Bylaw 13.1.2.8 prohibits an institution from paying any costs incurred by a booster in studying or recruiting prospects.

12. #9: Sammy Spartan sends Bobby Bigman a gift certificate for free dry cleaning for he and his family. • Impermissible • NCAA Bylaw 16.11.2.2.1 prohibits a booster from providing a student-athlete with professional services (for which a fee normally would be charged) without charge or at a reduced cost. Professional services provided at less than the normal rate or at no expense to a student-athlete are considered an extra benefit unless they are available on the same basis to the general student body.

13. #10 : Sammy Spartan arranges to pay the dinner tab of two former SJSU hoops players. • Permissible • It is permissible for a former student-athlete to receive a benefit of nominal value (e.g., meal, ride, overnight lodging) on an occasional basis from a booster or institutional staff members, provided the institution is not engaged in recruiting any relative of the former student-athlete. [9/6/01, Official Interpretation]

14. #11: Bobby Bigman introduces Sammy Spartan to the recruits who are on an official visit. • Impermissible • Per NCAA Bylaw 13.1.2.1, all in-person, on- and off-campus recruiting contacts with a prospect or the prospect's relatives or legal guardian(s) shall be made only by authorized institutional staff members. Such contact, as well as correspondence and telephone calls, by boosters is prohibited except as expressly legislated.

15. #12: Sammy Spartan invites the prospects to stop by the local bowling alley where he is hosting a business luncheon for area business leaders. • Impermissible • NCAA Bylaw 13.6.7.1 prohibits entertainment and contact by boosters during the official visit.

16. #13: Sammy Spartan realizes he has enough paperweights to give one to each of the recruits. • Impermissible • Per NCAA Bylaw 13.2.1, an institution's staff member or booster may not be involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospect or his/her relatives/friends, other than expressly permitted by NCAA regulations.  Receipt of a benefit by a prospect or his/her relatives/friends is not a violation of NCAA legislation if it is determined that the same benefit is generally available to the institution's prospective students or their relatives or friends or to a particular segment of the student body (e.g., international students, minority students) determined on a basis unrelated to athletics ability.

17. NCAA Bylaw 13.2.1.1 lists specifically prohibited financial aid, benefits and arrangements to include, but are not limited to: (a) An employment arrangement for a prospect's relatives; (b) Gift of clothing or equipment; (c) Cosigning of loans; (d) Providing loans to a prospect's relatives or friends; (e) Cash or like items; (f) Any tangible items, including merchandise; (g) Free or reduced-cost services, rentals or purchases of any type; (h) Free or reduced-cost housing;

18. NCAA Bylaw 13.2.1.1 specifically prohibited financial aid, benefits and arrangements, cont’d….. (i) Use of an institution's athletics equipment (e.g., for a high school all-star game); (j) Sponsorship of or arrangement for an awards banquet for high school, preparatory school or two-year-college athletes by an institution, representatives of its athletics interests or its alumni groups or booster clubs; and (k) Expenses for academic services (e.g., tutoring, test preparation) to assist in the completion of initial-eligibility or transfer-eligibility requirements or improvement of the prospect's academic profile in conjunction with a waiver request. 

19. #14: Gilbert Grump tells the recruits he will fly them to San Jose in his private plane when it is time for them to report to summer school if they sign with SJSU. • Impermissible • NCAA Bylaw 13.2.1 prohibits an institution's staff member or any booster from being involved, directly or indirectly, in making arrangements for or giving or offering to give any financial aid or other benefits to a prospect or his or her relatives or friends, other than those expressly permitted by NCAA regulations.

20. #15: The servers bring out the lunch of filet mignon and lobster for all of the attendees. • Impermissible • NCAA Bylaw 13.6.7.1 prohibits entertainment and contact by boosters during an official visit. • NCAA Bylaw 13.6.7.7 requires that meals provided to prospects on an official visit be comparable to those provided to student-athletes during the academic year.

21. #16: Gilbert tells the prospect he will pay the admission fee for his brother to attend SJSU’s basketball camp. • Impermissible • NCAA Bylaw 13.12.1.6.2 prohibits a booster from paying a prospect’s expenses to attend an institution’s sports camp/clinic.

22. #17: Gilbert Grump tells the recruit he can stay in his house for free during the summer. • Impermissible • One of the specifically prohibited financial aid, benefits and arrangements set forth in NCAA Bylaw 13.2.1.1 is free or reduced-cost housing.

23. #18: Gilbert Grump and Sammy Spartan comment on the potential of the recruits to the San Jose Mercury News Reporter. • Permissible • Although NCAA Bylaw 13.10.2 prohibits athletics department staff members from evaluating a prospect for news media, scouting services or recruiting services prior to the prospect's signing, boosters are not precluded from commenting on a prospect’s ability, provided the institution has not directed the booster's comments or been otherwise instrumental in arranging such publicity. [12/9/88, Staff Interpretation]

24. #19: Sammy Spartan calls the recruit’s high school counselor to find out about the recruit’s academic status. • Impermissible • Per NCAA Bylaw 13.1.2.4(c), a booster may not contact a prospect's coach, principal or counselor in an attempt to evaluate the prospect.

25. #20: Sammy Spartan arranges to pay for a private tutor for the prospect. • Impermissible • One of the specifically prohibited financial aid, benefits and arrangements set forth in NCAA Bylaw 13.2.1.1 expenses for academic services (e.g., tutoring, test preparation) to assist in the completion of initial-eligibility or transfer-eligibility requirements or improvement of the prospect's academic profile in conjunction with a waiver request. 

26. Promotional Activities Permissible Community Service Activities

27. Bylaw 12.5.1.1 Institutional, Charitable, Educational or Nonprofit Promotions • The provisions of Bylaw 12.5.1.1 governing institutional, charitable, educational or nonprofit promotions are applicable to athletics department promotions and community service activities that include participation by student-athletes.  As a result, a student-athlete's participation in such activities must meet the following criteria set forth in Bylaw 12.5.1.1. [7/7/03, Ed Column]

28. Bylaw 12.5.1.1 Institutional, Charitable, Education or Nonprofit Promotions  • A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:

29. Bylaw 12.5.1.1 cont’d…. (a) The student-athlete receives written approval to participate from the director of athletics (or his or her designee who may not be a coaching staff member), subject to the limitations on participants in such activities as set forth in Bylaw 17;

30. Bylaw 12.5.1.1 cont’d…. (b) The specific activity or project in which the student-athlete participates does not involve co-sponsorship, advertisement or promotion by a commercial agency other than through the reproduction of the sponsoring company's officially registered regular trademark or logo on printed materials such as pictures, posters or calendars.  The company's emblem, name, address and telephone number may be included with the trademark or logo.  Personal names, messages and slogans (other than an officially registered trademark) are prohibited;

31. Bylaw 12.5.1.1 cont’d…. (c) The name or picture of a student-athlete with remaining eligibility may not appear on an institution's printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a commercial entity is associated if the commercial entity's officially registered regular trademark or logo also appears on the item; (d) The student-athlete does not miss class;

32. Bylaw 12.5.1.1 cont’d…. (e) All moneys derived from the activity or project go directly to the member institution, member conference or the charitable, educational or nonprofit agency; (f) The student-athlete may accept actual and necessary expenses from the member institution, member conference or the charitable, educational or nonprofit agency related to participation in such activity; (g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any nonprofit agency;

33. Bylaw 12.5.1.1 cont’d…. (h) Any commercial items with names, likenesses or pictures of multiple student-athletes (other than highlight films or media guides per Bylaw 12.5.1.7) may be sold only at the member institution at which the student-athletes are enrolled, the institution's conference, institutionally controlled (owned and operated) outlets or outlets controlled by the charitable, educational or nonprofit organization (e.g., location of the charitable or educational organization, site of charitable event during the event).  Items that include an individual student-athlete's name, picture or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items (e.g., media guide, schedule cards, institutional publications), may not be sold; and

34. Bylaw 12.5.1.1 cont’d…. (i) The student-athlete and an authorized representative of the charitable, educational or nonprofit agency sign a release statement ensuring that the student-athlete's name, image or appearance is used in a manner consistent with the requirements of this section.

35. SPARTAN CUP Student-Athlete Affairs Competition

36. SPARTAN CUP • Point Categories • Teams for Teams • Scholarly Success • Community Outreach • Personal Enhancement • Professional Development • SAAC Involvement • Athletic Excellence • Above and Beyond

37. SPARTAN CUP • Submission of Points • All Student-Athletes & Coaches are eligible to earn and submit points. • Points will be calculated at the end of the month and point board (in Gadway) & website will be updated monthly. • Points are submitted on website • Inside Athletics • Champs Life Skills

38. SPARTAN CUP • Prizes! • Third Place • $500 for STUDENT-ATHLETES to use at their discretion (within SJSU/NCAA rules) • Second Place • $1,000 • First Place • $2,000 • Traveling ‘SPARTAN CUP’ trophy for the year

39. SPARTAN CUP • Questions? Please contact Whitney Rotrock! Whitney.rotrock@sjsu.edu 924.1349