JUNE, 2012 | VOL. 2

JUNE, 2012 | VOL. 2

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

GET THE FACTS ABOUT TRANSFERS NCAA.ORG

The NCAA believes transferring from one school to another is a crucial decision for a student-athlete that should include a consideration of a variety of factors, including academics, athletics, campus life and personal situation. Because trans-ferring can impact a student-athlete’s academic performance, NCAA member institutions have established rules that require a student-athlete to seriously consider the decision to transfer before leaving for another campus.

A membership-wide working group is examining all the rules in the Division I manual, including those that govern transfers. In addition, NCAA President Mark Emmert is establishing a task force specifically to work on transfer rules, as the issue is complicated and any changes could have broad implications.

“We want to make sure student-athletes are academically successful and our transfer rules should help them achieve that goal,” Emmert said. “However, some of our rules were made with competitive intent rather than academic concern. That is why we will take a hard look at the current transfer rules, however we must understand there is not a quick fix.”

The following Q&A examines the key issues surrounding transfers of student-athletes.

Question: Does the NCAA prevent student-athletes from transferring?

Answer: The NCAA does not prevent any student-athlete from transferring. Student -athletes are free to transfer if they believe the decision is in their best interest; where NCAA rules come into play is with questions about how quickly a student-athlete can compete at the new school. The number of transfers in three key sports – football, men’s basketball and women’s basketball – increased last year, but has remained steady for about a decade.

In 2010-11, 6.4 percent of Division I student-athletes transferred from one four-year school to another four-year school. Includ-ed in that figure are 200 baseball student-athletes, 445 men’s basketball student- athletes, 969 football student-athletes and 364 women’s basketball student-athletes. All of those student-athletes were required to sit out a year of competition – this is required because student-athletes who transfer do not perform as well academi-cally over time. A year-in-residence to acclimate to their new school helps offset this dynamic.

Additionally, data show that about 40 percent of men’s basketball student- athletes will not be competing at their original school by the end of their sophomore year. Given the academic performance of

transfers, this statistic highlights a key issue in the men’s basketball Academic Progress Rate (APR).

Questions about junior college transfers?

A: DI Board adopts improvements in academic standards and student-athlete support. Read More

Q: Can coaches dictate where a student-athlete can transfer?

A: Coaches can’t tell a student-athlete when or where he or she can transfer. Student-athletes are allowed to transfer at any time if they believe it is in their best interest to attend a different school.

However, in order to receive an athletics scholarship at another school, a student-athlete must receive permission to contact another school, in writing, from the initial school. This rule applies to all student- athletes, whether or not they are on scholarship at the initial school.

The NCAA does not have a rule specifi-cally preventing schools from imposing conditions on which institutions a student-athlete may contact. Rather, NCAA rules require institutions to provide student- athletes a hearing outside of the athletics department if the student-athlete’s written

Continued on page 2

Nicole Green, Director of Compliance

ngreen@memphis.eduRyan Crews, Compliance Assistant

rcccrews@memphis.edu

2

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole Green, Director of Compliance

ngreen@memphis.eduRyan Crews, Compliance Assistant

rcccrews@memphis.edu

JUNE, 2012 | VOL. 2

IMPORTANT DATES

RECRUITING PERIODS

CROSS COUNTRY / TRACK & FIELDJune 1-5 . . . . . . . . . . . . Contact PeriodJune 6-9 . . . . . . . . . . . . . . Dead PeriodJune 10-30 . . . . . . . . . . Contact Period

BASEBALLJune 1-30 . . . . . . . . . . . Contact Period

MEN’S BASKETBALLJune 1-30 . . . . . . . . . . . . . Quiet Period

WOMEN’S BASKETBALLJune 1-30 . . . . . . . . . . . . . Quiet Period

FOOTBALLJune 1-30 . . . . . . . . . . . . . Quiet Period

SOFTBALLJune 1-6 . . . . . . . . . . . . . . Dead PeriodJune 7-30 . . . . . . . . . . . Contact Period

ALL OTHER SPORTSJune 1-30 . . . . . . . . . . . Contact Period

13.12.1.1 Definition. Previous Cite: 13.12.1 Institution’s Sports Camps and Clinics. Next Cite: 13.12.1.1.1 Purposes of Camps or Clinics.

An institution’s sports camp or instructional clinic shall be any camp or clinic that is owned or operated by a member institution or an employee of the member institution’s athletics department, either on or off its campus.

(Adopted: 1/11/89, Revised: 1/10/90)

13.12.1.1.1 Purposes of Camps or Clinics. Previous Cite: 13.12.1.1 Definition. Next Cite: 13.12.1.1.2 Football and Basketball.

An institution’s sports camp or clinic shall be one that: a) Places special emphasis on a particular sport or sports and provides specialized

instruction, practice or competition; b) Involves activities designed to improve overall skills and general knowledge in

the sport; or c) Offers a diversified experience without emphasis on instruction,

practice or competition in any particular sport.

(Adopted: 1/11/89, Revised: 1/10/90) M

CUSA (logo) Interps

Question: Can a semester that a student was dually enrolled be utilized to meet the two year college

requirements per 14.5.4.2.2?

Answer: Per NCAA 14.2.2.3 a student-athlete would not have started his 5 year clock which means he could

not use the semester he was dually enrolled to meet the two transfer requirements of 14.5.4.2.2.

Question: Do fall dates of competition count in the first half of the season calculation for a hardship waiver in

the sport of tennis?

Answer: Yes, calculations for the hardship waiver in tennis have always been based on the entire season (nonchampionship and championship segments), based on the fact that the selections for individual participation in

the championships is based on the fall and the spring. Having said that, the issue was raised earlier this year and the NCAA agreed to do an editorial revision to clarify the application of the legislation. The ER was completed earlier

this month (ER-2010-11) and the legislation on LSDBi will be updated soon.

Question: Can high school coaches receive the benefit of a free meal while attending a free admission camp or

clinic?

Answer: Based on 13.8.2 and the August 17, 1988 interpretation, it would not be permissible for high school

coaches to receive the benefit of a free meal while attending a free admission camp or clinic.

INTERPS

Coaches' Involvement with Student-Athletes Preparing for Olympic Trials and the Olympic Games (I)Date Published: May 1, 2008 | Item Ref: 2 NCAA Division I institutions should note that pursuant to NCAA Bylaw 14.7.3.1-(b), a student-athlete may participate as a member of an outside team in the official Olympic Games, in final tryouts that directly qualify competitors for the Olympic Games, and in officially recognized competition directly qualifying participants for final Olympic Games tryouts even though such competition may occur during the academic year. Bylaw 17.1.1.1 states that the playing season for a particular sport is the only time in which an institution is permitted to conduct countable athletically related activities except for permissible out-of-season activities as set forth in Bylaws 17.1.6.2 and 17.11.6. However, a coaching staff member may engage in coaching activities with a student-athlete

participating in events under the parameters of By-law 16.8.1.3, including the Olympic Trials. Therefore, it is permissible for a coaching staff member to provide coaching instruction at Olympic qualifying events during the academic year or in the following summer. During the academic year, it would not be permissible for a coaching staff member and student-athlete to be involved in countable athletically re-lated activities (e.g., practice, skill instruction) leading up to the Olympic qualifying event, unless the countable athletically related activity is conducted within the permissible weekly hour limitations inside or outside the playing season. In individual sports, during the summer, a coaching staff member may participate in individual-workout sessions with a student-athlete from the coach's team, provided the student-athlete requests such assistance. [References: Bylaws 14.7.3.1 (outside competition), 16.8.1.3 (other competition), 17.02.1 (countable athletically related activities), 17.1.1.1 (playing season-athletically related activities), 17.1.6.1 (daily and weekly hour limitations-playing season), 17.1.6.2 (weekly hour limitations-outside the playing season), and 17._.6.1.1 (summer-workout sessions)] M

EDUCATION

3 JUNE, 2012 | VOL. 2

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole Green, Director of Compliance

ngreen@memphis.eduRyan Crews, Compliance Assistant

rcccrews@memphis.edu

Transfers, continued from pg 1

request for permission to contact another institution is not granted, or is granted with conditions. Conditional releases are based on institutional or conference policies.

The NCAA encourages institutions to have their own, clearly communicated policies governing how they address a student- athlete’s request for permission to contact other institutions. Division I schools are required to have a written grievance or appeals process for transfers. That process must be shared in writing with staff, coaches and student-athletes.

Q: Why do football and basketball players have to sit out a year after they transfer?

A: The year-in-residence is required to help student-athletes adjust to their new school and ensure that their transfer was motivated by academics as well as athletics. Student-athletes who participate in most NCAA sports are eligible for a one-time transfer exception, which allows them to compete immediately after transfer once in their college experience if they meet all other transfer requirements (such as being academically eligible).

However, student-athletes in sports that are historically academi-cally underperforming – including basketball, football, baseball and men’s ice hockey – are not eligible for the exception. Though student-athletes in these sports can’t compete in their first year at their new school, they can receive an athletics scholarship and practice with the team. A waiver process is available to all student-athletes, and each waiver request is reviewed individually. From April 2011 to April 2012, the NCAA approved 91 transfer waivers and denied 71.

Q: Is the NCAA going to change the transfer rules?

A: President Emmert is convening a task force specifically to work on transfer rules. Additionally, as part of its thorough examina-tion of the rulebook, a committee led by university presidents and comprised of NCAA members from across the country is review-ing every rule to determine if it is meaningful, enforceable and advances student-athlete well-being. That review is ongoing, with new bylaws expected to be presented to the Division I Board of Directors later in 2012 or early 2013.

Graduate transfer waiver requests are initially reviewed by a team of NCAA staff members. If the waiver request is denied, the school may appeal to the Division I Legislative Council Subcommittee for Legislative Relief, comprised of five campus and conference ad-ministrators from across the membership.

Q: Are there different rules for graduate students?

A: Student-athletes who have graduated are subject to the same release requirements as undergraduates and must have at least one year of eligibility remaining. To be eligible for the one-time transfer exception, football, basketball, baseball and men’s ice hockey stu-dent athletes must have been denied a scholarship renewal at their original school. If the student-athlete wishes to pursue a degree program not offered at the original institution, he or she is eligible

report: sec’s pot penalties lenientUpdated: June 2, 2012, 12:40 PM ET | Associated Press

MONTGOMERY, Ala. - Players testing positive for marijuana in the mighty Southeastern Conference do not face the one-year suspension that comes from getting busted by the NCAA.

In the most successful league of the BCS-era, players routinely get third, fourth and even fifth chances before they're booted from the team; failed drug tests administered by the NCAA result in the automatic suspension.

The finding comes from an Associated Press examination of the drug policies at 11 current members of the SEC. Vander-bilt, a private institution, declined to make its rules available.

All the SEC schools the AP looked at had far more lenient drug policies than the NCAA, though the penalties varied widely.

The NCAA conducts its own drug checks and leaves test-ing policies to the schools, but the governing body released a report in January saying that more than a quarter of college football players admitted in 2009 that they smoked marijuana in the previous year.

Just how many suspensions for recreational drug use are handed down in the SEC or any NCAA-affiliated conference is unknown because privacy rules prohibit schools from dis-closing positive tests. They're not even required to tell the NCAA.

However, several SEC standouts have been in the news recently.

Former Auburn running back Michael Dyer testified in an April court case involving a teammate that he consistently smoked synthetic marijuana during his Tigers career, LSU star Tyrann Mathieu was suspended one game for violating the team's drug policy last year and Georgia All-America safety Bacarri Rambo could miss a game or two next season for failing a drug test.

Ole Miss athletic director Ross Bjork, who was hired in March, is hoping to strengthen his school's policy by the middle of the summer. Currently, a second positive test at Mississippi might simply mean the loss of free tickets for family and/or community service.

Continued on next page

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COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole Green, Director of Compliance

ngreen@memphis.eduRyan Crews, Compliance Assistant

rcccrews@memphis.edu

JUNE, 2012 | VOL. 2

Transfers, continued from page 3

for a waiver to compete immediately at the new school.

Q: Why can’t coaches contact student- athletes on other NCAA teams about transferring?

A: The NCAA prohibits contact between coaches and student-athletes on other teams to prevent continuous recruit-ing of student-athletes. The NCAA and its members believe this runs contrary to our mission, which is to govern com-petition in a fair, safe, equitable and sportsmanlike manner and to integrate intercollegiate athletics into higher educa-tion so that the educational experience of the student-athlete is paramount.

Additionally, in the current environment, many student-athletes in the highest profile sports can be influenced by third parties who may not have their best academic interests in mind. Requiring written permission from the initial school for contact with another school limits the influence of third parties. These rules ap-ply to all student-athletes, whether they re-ceive athletics aid or not.

Q: Why can’t student-athletes transfer whenever they want?

A: NCAA rules do not prevent student-ath-letes from transferring. The NCAA has rules for certain aspects of the process, including eligibility for competition and requiring a release from the original school to receive an athletics scholarship during the first academic year at another school.

First and foremost, student-athletes must be academically eligible to compete at the institution to which they want to transfer.

The NCAA places safeguards on the pro-cess to promote rational decision-making. Student-athletes who transfer are less like-ly to earn a degree than those who remain at their original institution; for that reason, it is important that the decision to transfer is carefully considered.

Q: What are the rules regarding permission to contact another school?

A: Generally, student-athletes enrolled as full-time students must get written permis-

sion from their athletics director before contacting another institution. A student-athlete may write to any NCAA school saying that they are interested in transfer-ring, but the new coach must not discuss transfer opportunities unless he or she has received written permission from the stu-dent-athlete’s current school. If the current school does not give permission, another school may not contact the student-athlete. This prevents continuous recruiting of student-athletes once they are enrolled on a campus.

Q: Why does the APR make a school lose points for a transfer if the student-athlete’s GPA is below a 2.6?

A: Data show that transferring has a nega-tive impact on a student-athlete’s academic success and eventual graduation. But, ac-cording to NCAA research, student-athletes who transfer with at least a 2.6 grade-point average have the same likelihood of aca-demic success as a student-athlete who re-mains at his or her original institution.

Q: Is a scholarship a binding contract between a student-athlete and a school?

A: No. The scholarship is an agreement between the school and the student-athlete with expectations on both sides, but the agreement is completely separate from transfer regulations. A student-athlete may choose to transfer at any time. With multi-year scholarships now available, schools have the option of offering athletics finan-cial aid for more than one year. Such an agreement requires the school to provide financial aid to the student-athlete in accor-dance with the terms and conditions of the agreement. However, the agreement does not bind the student-athlete to the institution any more than the current transfer rules – he or she may transfer during the term of the award.

If a student-athlete signs a National Letter of Intent, he or she cannot transfer during the initial year of competition.

Q: Can student-athletes transfer without penalties if a coach leaves the program?

A: A student-athlete can transfer at any time, subject to the regular transfer rules. Those rules are not waived if a coach leaves a program. M

Pot, continued from page 3

A third positive requires suspension for three games or events. Subsequent vio-lations call for three games tacked onto that, though the athletic director and head coach can dismiss the athlete or opt not to renew the scholarship.

"We need to tighten it up quite a bit and come up with a good policy for every-one involved," Bjork said.

SEC commissioner Mike Slive said a conference-wide standard has been dis-cussed at least twice during his 10-year tenure but that league members have opted against one to this point.

Drug testing was briefly discussed at the SEC meetings this week in Destin, Fla. Presidents and athletic directors agree action needs to be taken and say it will be a priority at their meetings in October once they have gathered more conference-wide data.

In the meantime, schools are left to handle situations.

"The issue is to make sure that our institutional drug testing programs are adequate," Slive said before the meet-ings. "This is something that comes up on a regular basis."

Athletes at Georgia and Auburn who test positive for marijuana a second time face the prospect of losing half their season to suspension.

Arkansas and Florida, by comparison, suspend athletes for 10 percent of a season for a second positive.

The NCAA said 90 percent of Division I schools have their own drug-testing programs, while the governing body tests some 13,500 athletes a year. Mary Wilfert, the NCAA's associate director of health and safety, said the NCAA's test-ing is focused more on performance-enhancing drugs.

Continued on next page

5

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole Green, Director of Compliance

ngreen@memphis.eduRyan Crews, Compliance Assistant

rcccrews@memphis.edu

JUNE, 2012 | VOL. 2

Pot, continued from page 4

"The NCAA is not in the position to pro-vide intervention throughout the year, but schools are," Wilfert said. She said schools rely on their own needs and philosophies to set their drug testing policies, which are "complementary" to those of the NCAA.

Wilfert said Football Bowl Subdivision teams are tested at least once, sometimes twice a year by the NCAA.

The SEC schools' policies focus more on recreational drugs, with five of the 11 having stronger penalties for anything beyond marijuana.

Georgia, Kentucky and Mississippi State are the only ones with suspensions for athletes' first positive test for marijuana, 10 percent of the season for each. Kentucky includes possible dismissal for each of the first two positives, with a half-season suspension for No. 2.

The policy variations continue beyond the first positive test.

Six of the schools have a three-strikes-and-you're-out method. At Florida, you might get a fifth strike. At Arkansas, four. And Ole Miss doesn't have a defined number.

The use of recreational drugs is a growing concern around all of college football.

The NCAA report released in January found 26.7 percent of football players said they smoked marijuana in 2009 -- the latest year available -- 5 percentage points higher than in 2005.

Most SEC schools have had to deal with the problem.

Even the comparatively stiff penalties at Georgia haven't been completely effective as deterrents. The Bulldogs might open next football season without two defensive backs.

Bulldogs cornerback Branden Smith was charged with marijuana possession in March. Rambo failed a drug test after, his high school coach said, inadvertently

eating marijuana-laced brownies on a spring break trip to Florida.

Georgia, Kentucky and Mississippi State are the only ones with suspensions for athletes' first positive test for marijuana, 10 percent of the season for each. Kentucky includes possible dismissal for each of the first two positives, with a half-season suspension for No. 2.

"If you look at other people's policies, ours is much tougher than just about anybody's policy I've seen," Georgia coach Mark Richt said in late March. "Because some people end up with a game suspension or what-ever it may be, a kid at another school may do the same thing and their policy maybe doesn't say it has to be that way.

"I don't care what they do, all I'm saying is I think it's important how we handle it and our goal when our guys make mistakes is to find out the truth about it and then discipline it properly."

Dyer, a former Auburn back who has trans-ferred to Arkansas State, took the stand in the trial of the first of four fellow members of the 2010 national championship team charged with armed robbery, allegedly committed after a night of using the drug.

All four were immediately dismissed from the team. Auburn has since updated its drug testing policy to specifically include synthetic marijuana, which was legally sold in Alabama stores until last October.

Florida athletes are suspended for 20 percent of a season for a third positive and 50 percent for a fourth. A fifth means dismissal.

In January, Florida defensive tackle Leon Orr became the sixth Gators player arrested on marijuana charges since head coach Will Muschamp's hiring after the 2010 season. All six cases ended with deferred prosecution.

The program created by Florida's University Athletic Association focuses on education,

testing, treatment and deterrence, Ga-tors spokesman Steve McClain said. Each Florida athlete faces one random test each semester while they're in school, anywhere from two to four times a year, McClain said.

The schools' coaches or administrators can often impose stricter penalties.

Alabama allows the athletic director, head coach and its Sports Medicine Committee to determine what, if any, penalty is war-ranted after a first positive test. The second means the athlete will be sidelined for 15 percent of the season and/or a suspension of up to 30 days, and the third a one-year ban from games.

One observer without ties to the SEC believes it's essential to have an outside organization to police the drug issue and establish uniform methods and policies.

Bob Copeland, athletic director for Canada's Waterloo University, compares the current system to having each country control its own testing for its Olympic athletes.

"There's a lot of value to having third-party experts," said Copeland, who ordered his entire football team tested after a player was arrested for possession and trafficking of anabolic steroids. "They can look at what's called intelligent testing and generally apply that across the nation."

Georgia held a mandatory meeting with every student-athlete before spring break addressing drugs. Athletic director Greg McGarity said a question was raised at a staff meeting this spring: "What else is there?"

"We've got 600 young men and women in our programs," McGarity said. "When someone steps outside the lines, then we have to self-evaluate. Is there more we could have done? But I think at the end of the day it comes down to more accountability for the student-athletes."

Copyright 2012 by The Associated Press M