>Sports Fans Take Note of NCAA Athletic Compliance

It's always a pleasure to build a passion into a business or legal practice.  And it's no secret that I'm a soccer fan and particularly a college soccer fan now that my sons play college soccer - and I'm also a fan of college hockey, and school sports generally.  Athletics was a highlight of my own educational experience.  So I enjoy helping higher education clients with NCAA athletic compliance issues.

There have been positive developments in the past year, with the introduction of standards colleges and universities can look to in assessing their campus compliance practices. The National Association for Athletics Compliance (NAAC) issued Reasonable Standards in six compliance areas: countable athletically-related activities; complimentary admissions for guests of student-athletes and for student-athletes in sports other than their own; contacts and evaluation of prospects; outside financial support for student-athletes; playing and practice season declaration, and (6) recruiting correspondence with prospects.  The NCAA confirmed that its enforcement staff will consider NAAC Reasonable Standards when evaluating whether a program meets expected industry standards for compliance monitoring and education. We can look forward to new Reasonable Standards from NAAC as they develop.  In the meantime, we can compare campus policies to Reasonable Standards and help campuses maintain good compliance practices.

As a booster myself, I took notice when the lack of understanding among boosters that NCAA rules apply to them was highlighted in an NCAA major infractions report this year for a well-known Division III college in New York.  Booster education is mentioned in the NAAC Reasonable Standards on complimentary admissions and outside financial support.  Institutions are responsible for booster compliance with all NCAA rules, and boosters are defined broadly for NCAA compliance purposes.

In a related development, coaches’ contracts are subject to the incentive compensation provisions of the Program Integrity rules issued by the U.S. Department of Education.  Coaches’ contracts may need revision to comply with these new rules.  So this is a good time to review campus athletic compliance policies if they haven't been reviewed this year.