Buckeye Insider: October 2003 – Ohio State Buckeyes
10/17/2003 12:00:00 AM | General
Oct. 17, 2003
In regards to recent NCAA allegations and violations, there have been a number of questions raised regarding the issue of extra benefits resulting from an established relationship. How do you determine if you have a pre-existing relationship with a prospect or current OSU student-athlete? If you do have an established relationship, what are examples of benefits that are permissible for the prospect or student-athlete to receive? The following will address these questions, while increasing your awareness of the NCAA rules that pertain to this subject matter.
Prospects and current collegiate student-athletes must maintain amateur standing in order to be eligible for intercollegiate competition. NCAA Bylaw 12.1.1.1.6 addresses one component of retaining amateur status, stating that if a prospect or student-athlete receives preferential treatment, benefits or services resulting from the individual’s athletics reputation, skill or pay-back potential as a professional athlete, then he/she will lose amateur status unless such treatment, benefits or services are specifically permitted under NCAA legislation.
Q: If a prospect or student-athlete has received preferential treatment, benefits or services prior to or during collegiate enrollment from someone other than a family member or legal guardian, how do you determine if providing such benefits is contrary to NCAA legislation?
A: In general, it is permissible for a prospect or student-athlete to receive such a benefit if it is determined that there is an established relationship between the prospect or student-athlete and the individual giving the benefit. This, then, leads to the following question:
Q: How do you determine if you have an established relationship with a prospect or current student-athlete?
A: The NCAA has concluded that the following four questions must be asked in order to determine if one has a pre-existing relationship established with a prospect or student-athlete:
1. Did the relationship between the athlete (or the athlete’s parents) and the individual providing the benefit(s) develop as a result of the athlete’s participation in athletics or notoriety related thereto?
2. Did the relationship between the athlete (or the athlete’s parents) and the individual providing the benefit(s) predate the athlete’s status as a prospective student-athlete? A prospective student-athlete is a student who has started classes for the ninth grade.
3. Did the relationship between the athlete (or the athlete’s parents) and the individual providing the benefit(s) predate the athlete’s status achieved as a result of his or her athletics ability and reputation?
4. Was the pattern of benefits provided by the individual to the athlete (or the athlete’s parents) prior to the athlete attaining notoriety as a skilled athlete similar in nature to those provided after attaining such stature?
If you answer no to questions one, two and three and yes to question four, then there is an established relationship with the athlete. However, if you answer differently for any of these four questions, then by NCAA rules, there is no pre-existing relationship and thus it is impermissible for you to provide any preferential treatment, benefits or services to that athlete.
As you can see, the origin and duration of a relationship and the consistency of benefits provided during the relationship are key factors in determining whether there is a pre-existing relationship.
Q: You have gone through the above test of questions and determined that you do have an established relationship with a prospect or current OSU student-athlete. What are some examples of permissible benefits that this student-athlete can receive from you?
A: The following is by no means an exhaustive list of permissible benefits, but a few examples would include:
Arrangement of employment
Occasional home meal, which must meet the following conditions, asdefined by NCAA Bylaw 16.12.1.5:
– The meal must be provided in an individual’s home (as opposed toa restaurant) and may be catered;
– The individual providing the occasional meal may providereasonable local transportation to attend the meal function only ifthe meal function is at the home of that individual.
Similar benefits to those you have provided previously (e.g.birthday gift or holiday gift)
Please remember that the above information is only an overview of extra benefits resulting from an established relationship. Should you have any questions or need help in determining whether you have a pre-existing relationship with a prospect or student-athlete or whether the benefits or services you wish to provide to a prospect or student-athlete are a violation of the NCAA rules, please contact the Ohio State University Athletic Compliance Office at (614) 292-2681.
