October 17, 2003
Definitions
12.02.4 Professional Athletics Team.
A professional team is any organized team that:
(a) Provides any of its players more than actual and necessary expenses for participation on the team, except as otherwise permitted by NCAA legislation. Actual and necessary expenses are limited to the following, provided the value of these items is commensurate with the fair market value in the locality of the player(s) and is not excessive in nature: (Revised: 4/25/02 effective 8/1/02)
(1) Meals directly tied to competition and practice held in preparation for such competition;
(2) Lodging directly tied to competition and practice held in preparation for such competition;
(3) Apparel, equipment and supplies;
(4) Coaching and instruction;
(5) Health/medical insurance;
(6) Transportation (i.e., expenses to and from practice and competition, cost of transportation from home to training/practice site at the beginning of the season and from training/practice site to home at the end of season);
(7) Medical treatment and physical therapy;
(8) Facility usage; (Revised: 4/24/03)
(9) Entry fees; and (Revised: 4/24/03)
(10) Other reasonable expenses incidental to participation; or (Adopted 4/24/03)
(b) Declares itself to be professional (see Bylaw 12.1.1.4.1.1). (Revised: 8/8/02 )
12.1.1 Amateur Status.
An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual:
(a) Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport; (Revised:4/25/02 effective 8/1/02)
(b) Accepts a promise of pay even if such pay is to be received following completion of intercollegiate athletics participation;
(c) Signs a contract or commitment of any kind to play professional athletics, regardless of its legal enforceability or any consideration received;
(d) Receives, directly or indirectly, a salary, reimbursement of expenses or any other form of financial assistance from a professional sports organization based upon athletics skill or participation, except as permitted by NCAA rules and regulations;
(e) Competes on any professional athletics team (per Bylaw 12.02.4), even if no pay or remuneration for expenses was received; (Revised: 4/25/02 effective 8/1/02)
(f) Subsequent to initial full-time collegiate enrollment, enters into a professional draft (see also Bylaws 12.2.4.2.1 and 12.2.4.2.3); or (Revised: 4/25/02 effective 8/1/02; 4/24/03 effective 8/1/03 for student-athletes entering a collegiate institution on or after 8/1/03)
(g) Enters into an agreement with an agent. (Adopted: 4/25/02 effective 8/1/02)
12.1.2 Amateur Status if Professional in Another Sport
A professional athlete in one sport may represent a member institution in a different sport. However, the student-athlete cannot receive institutional financial assistance in the second sport unless the student-athlete:
(a) Is no longer involved in professional athletics,
(b) Is not receiving any remuneration from a professional sports organization, and
(c) Has no active contractual relationship with any professional athletics team. However, an individual may remain bound by an option clause in a professional sports contract that requires assignment to a particular team if the student-athlete's professional career is resumed.
12.2.1.1 Tryout Before Enrollment.
A student-athlete remains eligible in a sport even though, prior to enrollment in a collegiate institution, the student-athlete may have tried out with a professional athletics team in a sport or received not more than one expense-paid visit from each professional team (or a combine including that team), provided such a visit did not exceed 48 hours and any payment or compensation in connection with the visit was not in excess of actual and necessary expenses. A self-financed tryout may be for any length of time.
12.2.1.2 Tryout After Enrollment.
A student-athlete shall not try out with a professional athletics team in a sport or permit a professional athletics team to conduct medical examinations during any part of the academic year (i.e., from the beginning of the fall term through completion of the spring term, including any intervening vacation period) while enrolled in a collegiate institution as a regular student in at least a minimum full-time academic load, unless the student-athlete has exhausted eligibility in that sport. The student-athlete may try out with a professional organization in a sport during the summer or during the academic year while not a full-time student, provided the student-athlete does not receive any form of expenses or other compensation from the professional organization [see Bylaw 14.7.3.2-(e)]. (Revised: 1/10/92, 4/21/03)
12.2.1.2.1 Medical-Examination Exception.
A single scouting bureau recognized by a professional league is permitted to conduct one medical examination per student-athlete during the academic year without jeopardizing the student-athlete's eligibility in that sport, provided the examination does not occur off campus. (Adopted: 1/16/93)
12.2.1.3 Outside Competition Prohibited.
During a tryout, an individual may not take part in any outside competition (games or scrimmages) as a representative of a professional team.
12.2.1.4 Professional Team Representative at College Practice.
A tryout with a professional team is not considered to have occurred when a representative of a professional team visits a member institution during the academic year and evaluates a student-athlete while the institution is conducting a regular practice session, physical education class or off-season conditioning program session that includes physical activities (e.g., speed trials, agility tests, strength tests), provided these activities are normally a part of and take place during regular practice, class or conditioning sessions.
12.2.5 Contracts and Compensation.
An individual shall be ineligible for participation in an intercollegiate sport if he or she has entered into any kind of agreement to compete in professional athletics, either orally or in writing, regardless of the legal enforceability of that agreement. (Revised: 1/10/92)
12.2.5.1 Nonbinding Agreement.
An individual who signs a contract or commitment that does not become binding until the professional organization's representative or agent also signs the document is ineligible, even if the contract remains unsigned by the other parties until after the student-athlete's eligibility is exhausted.
Issues Related to Institutional Staff
11.3.2.5 Recruiting Service Consultants.
Institutional athletics department staff members may not endorse, serve as consultants or participate on advisory panels for any recruiting or scouting service involving prospects. (Adopted: 1/16/93)
11.3.2.6 Quotations and Pictures Used to Promote a Camp.
An institution's coaching staff member may not promote a non-institutional camp or clinic by permitting the use of his or her quotations and/or pictures in the camp or clinic brochure, unless that coaching staff member is employed by the camp. (Adopted: 1/14/97 effective 8/1/97)
Associated Interpretations:
Date Issued: Mar 11, 1996
Type: Official
Item Ref: 2
Interpretation:
2. Professional Baseball Player Participating in Intercollegiate Softball Competition: The sports of baseball and softball are considered the same sports for purposes of applying NCAA amateurism legislation. Thus, a female student-athlete who receives compensation for participating on a women's professional baseball team is not eligible for intercollegiate softball competition. [References: 12.1.1 (amateur status) and 12.1.4 (amateur status if professional in another sport)]
Ice hockey student-athlete participating on professional roller hockey team
Date Issued: Jul 22, 1993
Type: Official
Item Ref: 3
Interpretation:
3. Ice hockey student-athlete participating on professional roller hockey team. A student-athlete with remaining eligibility in the sport of ice hockey may not engage in outside competition as a member of a professional roller hockey team without jeopardizing the student-athlete's amateur status in the sport of ice hockey. [References: 12.1.1 (amateur status) and 12.1.4 (amateur status if professional in another sport)]
Date Issued: Feb 06, 1991
Type: LA Col.
Item Ref: Column 6 #4
Interpretation:
NCAA Bylaw 12.1.4 -- amateur status if professional in another sport
Member institutions should note that in accordance with Bylaw 12.1.4, a professional athlete in one sport may represent a member institution in a different sport. The student-athlete, however, cannot receive institutional financial assistance in the second sport, unless the student-athlete: (1) no longer is involved in professional athletics, (2) is not receiving any remuneration from a professional sports organization, and (3) has no active contractual relationship with any professional athletics team. However, an individual may remain bound by an option clause in a professional sports contract that requires assignment to a particular team if the student-athlete's professional career is resumed. Please note that per Bylaw 12.1.4.1, if the individual later becomes involved in professional athletics while still a student-athlete with remaining eligibility, the individual would be considered to have violated the principles of ethical conduct per Bylaw 10, thus rendering the individual ineligible for intercollegiate competition.
In a related matter, an individual who agrees (orally or in writing) to be represented by an agent for the purpose of marketing his or her athletics ability or reputation in a specific sport would not jeopardize his or her eligibility to participate in another intercollegiate sport. An agency contract, though not specifically limited in writing to a sport or sports, would be deemed to be applicable to all sports, and the individual would be ineligible to participate in intercollegiate competition in any sport. It should be noted that per Bylaw 15.3.4.1, it is the institution's discretion to gradate or cancel the student- athlete's financial aid if the student-athlete agrees to be represented by an agent in a particular sport, even if the student-athlete has exhausted eligibility for intercollegiate competition in that sport, however, any compensation or bonus received by the student-athlete from the agent must be included in the student-athlete's individual financial aid limit for that academic year.
