{"id":60,"date":"2016-05-09T02:33:12","date_gmt":"2016-05-09T02:33:12","guid":{"rendered":"http:\/\/blogs.luc.edu\/compliance\/?p=60"},"modified":"2016-05-09T02:33:12","modified_gmt":"2016-05-09T02:33:12","slug":"reasons-for-an-athletics-compliance-department","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/compliance\/?p=60","title":{"rendered":"Reasons for an Athletics Compliance Department"},"content":{"rendered":"

Gilbert Carrillo<\/em>
\nExecutive Editor<\/em>
\nLoyola University Chicago School of Law, \u00a0JD 2017<\/em><\/p>\n

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The National Collegiate Athletic Association (\u201cNCAA\u201d) is a non-profit organization that regulates athletes in over 1,200 institutions, associations and conferences.\u00a0 The NCAA also organizes many of the athletic programs of its member schools.\u00a0 The amount of members in the NCAA requires rules be established in order to facilitate success for the organization as a whole.\u00a0 Moreover, since the NCAA is divided into different divisions (Division I, II, and III-generally larger schools compete in Division I and smaller schools in II and III), the rules and regulations can vary depending on which division the institution belongs to.<\/p>\n

NCAA rules range from areas of financial aid, eligibility, recruiting, athletics personnel, playing, and practice sessions.\u00a0 However, most athletic programs must also follow rules laid out by their own institution as well as rules laid out by the conferences (Big Ten, ACC, SEC, etc.) for which they are members. \u00a0Although most higher educational institutions have a university-wide compliance department in order to assist the organization in addressing specific standards (e.g., federal student loans, research grants, etc.), it is not uncommon to find university compliance initiatives around athletics broken out an siloed to address the unique challenges of athletics compliance.<\/p>\n

Perhaps the biggest area of need for athletics compliance departments relates to the preservation of student-athlete amateurism and eligibility.\u00a0 The university is held responsible for the actions of coaches, athletes, staff, faculty, season ticket holders, donors, and even fans, when there are rule infractions related to current or prospective student athletes.\u00a0 \u00a0Student-athletes are responsible for knowing and complying with rules that apply to them; non-compliance risks the student being excluded from competition.<\/p>\n

Although the NCAA has its own set of eligibility rules, there are additional rules an institution may adopt that apply only to student-athletes in those specific institutions and member conferences.\u00a0 While generally these rules have the same goal, they may have different standards and thresholds of compliance.\u00a0 For example, NCAA academic eligibility requirements may differ compared to the school\u2019s academic eligibility requirements.\u00a0 Therefore, because a student-athlete may be in compliance to participate in NCAA activities generally, the student-athlete may not be in compliance with his or her school\u2019s policy.\u00a0 This creates a patchwork of rules that may go beyond the basic NCAA standards but to which NCAA will hold the student accountable.<\/p>\n

Just as in any other industry, the rules can change from year to year.\u00a0 For example, the NCAA Division I academic eligibility requirements for incoming student-athletes entering schools after August 1, 2016, will face significant changes regarding the admission standards. (See, NCAA Eligibility Quick Reference Guide)\u00a0 Students seeking eligibility at NCAA Division I schools must now have at least ten (10) \u201ccore subjects\u201d completed before the student\u2019s seventh semester in high school.\u00a0Previously, students simply needed to have their \u201ccore subjects\u201d requirement completed any time before graduation.\u00a0 There is no sense yet how this academic requirement will impact athletes entering the collegiate level of sports but it will be a standard that athletic compliance departments will need to closely monitor.<\/p>\n

This change also raises the question of who has the responsibility of educating the prospective students about this requirement.\u00a0 Should college coaches reach out to students earlier in the student\u2019s high school years to make sure the requirement is met?\u00a0 There are even certain rules and regulations regarding who can speak to prospective student-athletes.<\/p>\n

Additionally, there are rules regarding what types of services a collegiate student-athlete can and cannot receive.\u00a0 Generally, the rule states that a collegiate student-athlete cannot accept any extra benefits that are not offered to other students.\u00a0 Essentially, student-athletes cannot be treated more favorably than other non-student-athletes.\u00a0 The rules surrounding gifts, meals, and transportation are very strict.\u00a0 For example, a student-athlete cannot accept \u201cfree or reduced cost merchandise (e.g., athletic shoes, music cassettes\/cd’s, clothing) or services from a merchant unless that free or reduced cost item is also available to the general public.\u201d (See for example, the application of this policy by the University of Notre Dame, \u00a0http:\/\/www.und.com\/genrel\/compliance-4.html<\/a>)\u00a0<\/span>\u00a0 This policy also extends to family members of the student-athlete.\u00a0 \u201cThe acceptance by you, your parent(s)\/guardian(s), or friends of any extra benefit is a violation of NCAA regulations.\u201d\u00a0 The consequences of these rule violations can be severe and detrimental to the universities and the athletic programs not to mention the athletes themselves.<\/p>\n

The penalties for non-compliance are vast.\u00a0 These violations can result in a university being unable to offer athletic scholarships for prospective student-athletes.\u00a0 Some violations can result in loss of consideration in bowl games, a significant source of income for athletic departments.\u00a0 Moreover, certain violations can rule players ineligible to compete and if the player happens to be a staple of the athletic program, it could impact how the team will perform.<\/p>\n

Although these rules generally apply to all student-athletes, there are high profile sports that these rules are especially important for, particularly basketball and football. \u00a0(See,\u00a0Chung, Doug J. “The Dynamic Advertising Effect of Collegiate Athletics.” Marketing Science<\/em> 32.5 (2013): 679-98) \u00a0The reason compliance within these sports is especially important is because these are the two sports that tend to generate the most, if not the only, money for an institution\u2019s entire athletic department.\u00a0 Moreover, success in basketball and football leads to an increase in prospective students interest in attending the university.\u00a0 Winning sports programs at universities can also lead to greater donations from boosters and alumni.<\/p>\n

With the volume of rules and regulations associated with the athletic programs, the effects of non-compliance, and the positive impact the success of athletic programs can have on universities, it is easy to understand why athletic compliance departments are necessary at these institutions.\u00a0 Athletic compliance departments do not necessarily focus on laws, but on voluntary association standards and local policy.\u00a0 While violating these standards may not be illegal, the consequences of non-compliance can be just as dramatic.<\/p>\n

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Gilbert Carrillo Executive Editor Loyola University Chicago School of Law, \u00a0JD 2017   The National Collegiate Athletic Association (\u201cNCAA\u201d) is a non-profit organization that regulates athletes in over 1,200 institutions, associations and conferences.\u00a0 The NCAA also organizes many of the athletic programs of its member schools.\u00a0 The amount of members in the NCAA requires rules …
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