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College Athletics Best Practices Alert
Greetings!
Welcome to the June 30, 2011, issue of College Athletics Best Practices Alert, a complimentary publication of the Michael L. Buckner Law Firm. |
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Divisions I, II and III Column:
The NCAA Investigation at the University of North Carolina-Chapel Hill: Strategies to Minimize the Occurrence of Similar Allegations on Your Campus
Authors: Michael L. Buckner, Esquire (Shareholder) and Justin Sievert, Esquire (Of-Counsel)
NCAA member institutions can use the allegations of rules-violations involving current and former members of the University of North Carolina-Chapel Hill (UNC) athletics program to develop strategies to enhance compliance programs and to improve institutional control. On June 21, 2011, the NCAA enforcement staff issued a notice of allegations to UNC. Specifically, the enforcement staff alleged:
- An academic support center tutor and football student-athletes engaged in academic fraud-which resulted in the student-athletes being ineligible to compete in athletics competitions. The tutor's academic fraudulent activities included: a) preparing portions of writing assignments; b) providing substantive materials that were submitted for course credit; and c) composing and typing citation and works-cited pages for writing assignments. [NCAA Bylaws 10.1, 10.1-(b) and 14.11.1]
- An academic support center tutor provided approximately $3,500 in impermissible extra-benefits to football student-athletes, including an airline ticket and free tutoring services. [NCAA Bylaw 16.11.2]
- An academic support center tutor and an assistant football coach committed unethical conduct for refusing to furnish information to the enforcement staff and UNC. [NCAA Bylaws 10.1, 10.1-(a), 10.1-(c) and 19.01.3]
- Seven football student-athletes received $27,097.38 in illicit benefits from individuals, some of whom triggered NCAA sports agent legislation. [NCAA Bylaws 12.1.2.1.6 and 12.3.1.2]
- A football student-athlete provided false and misleading information to the staff and UNC. [NCAA Bylaws 10.1 and 10.1-(d)]
- An assistant football coach partnered with a National Football League Players Association-certified sports agent and a sports agency company to represent individuals in the marketing of their athletics abilities in violation of NCAA legislation. [NCAA Bylaw 11.1.4]
- An assistant football coach failed to report $31,000 in athletically-related outside income from a sport agency company that represents professional football, basketball and baseball athletes. [NCAA Bylaw 11.1.2]
- UNC failed to "adequately monitor" the conduct and administration of the football program, including: a) failing to monitor the conduct of "an individual triggering NCAA agent legislation" and providing the person with access to athletics facilities and close contact with projected top-round picks in the NFL draft; b) failing to "adequately and consistently monitor social networking activity that visibly illustrated potential amateurism violations within the football program"; and c) failing to investigate information related to preferential treatment and benefits from individuals who triggered NCAA sports agent legislation. [NCAA Constitution 2.8.1]
We recommend member institutions develop strategies to decrease the occurrence of similar alleged rules-violations. [Note: We acknowledge it may be difficult, if not impossible, to prevent all rules-violations, but the Committee on Infractions requires an institution to demonstrate it fulfilled its duty to monitor proactively compliance with NCAA legislation.] For example, we provide below some of our ideas for your consideration:
- Communicate annually the institution's expectations for compliance with NCAA Bylaw 10.1 through oral and written statements from the president and director of athletics to student-athletes and employees with athletically-related duties.
- Incorporate an ethics and professionalism component to the institution's rules-education program. The component should address institutional ethical codes/standards, NCAA Bylaw 10 and any other relevant professional obligations.
- Review the institution's internal investigation policy and procedure to ensure: a) the investigation policy is communicated to the university community; b) persons can effectively and confidentiality report allegations to an identified person or office (or create an anonymous hotline to receive allegations, tips, questions or other information concerning alleged rules-violations); and c) all allegations are processed, documented and (if deemed substantial) investigated.
- Require the senior compliance administrator to provide the president and director of athletics with a regular report (e.g., quarterly, biannually, annually) of the institution's efforts to minimize compliance issues involving high-profile student-athletes.
- Retain an agency external to the athletics department to conduct an internal audit or evaluation of the academic support services provided to student-athletes. The purpose of the audit or evaluation should be to: a) determine compliance with NCAA legislation and national academic support services standards; b) determine whether academically-related procedures should be modified or added; and c) develop strategies, methodologies and procedures to promote academic integrity and minimize academic fraud and dishonesty.
- Increase the monitoring activities of (and limit access to): a) athletics facilities (including locker-rooms and practice areas); b) sidelines and other limited-access areas during athletics contests; and c) team-chartered transportation.
- Develop a high-profile student-athlete due-diligence program (which should include heightened monitoring of high-profiles' compliance with NCAA legislation).
- Monitor social-network and other Internet sites (including, but not limited to, Facebook, MySpace, Twitter, blogs and sports media websites) to identify possible rules-compliance "hot topics" and issues. Software, online search tools and manual checks can be used for the monitoring activities.
- Create a daily Internet search/alert (e.g., Google alert) to identify possible rules-compliance issues.
- Address "hot topics" concerning academic fraud, agents, amateurism and awards and benefits legislation in regularly-scheduled rules-compliance audits.
- Enhance the rules-education program through a focus on amateurism, agents, academic assistance and support to student-athletes and extra-benefits using small-group discussions, outside speakers, interactive exercises and other entertaining methods.
- Implement a social-network policy for all student-athletes, which could include the following elements: a) establish guidelines on access to, and appropriate usage on, social-network sites; b) require the athletics department to conduct an education session regarding the forms of social-networking, the institution's policy on social-networking, as well as benefits to, and dangers associated with, social-networking; c) require student-athletes to sign a "Social-Networking Policy Agreement"; and d) include a summary of the policy in the student-athlete handbook.
Contact Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) for additional compliance-related recommendations addressing similar rules-violations as those alleged at the University of North Carolina-Chapel Hill.
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Divisions II and III Column:
Year-in-Review for the Divisions II and III Committees on Infractions
Author: Justin Sievert, Esquire (Of-Counsel)
The NCAA Divisions II and III Committees on Infractions issued fourteen infractions reports between January 1, 2010 and May 22, 2011. The Committees' decisions reinforced NCAA member institutions' obligation to organize, fund and operate proactive rules-compliance programs. The year-in-reviews, which include recommended strategies to address the administrative, operational and compliance issues described in the infractions reports, can be reviewed and downloaded on the Michael L. Buckner Law Firm Web site (click on the respective link to access the document):
Contact Justin Sievert (954-941-1844; jsievert@michaelbucknerlaw.com) for additional compliance-related recommendations concerning the rules-violations described in the infractions reports.
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August Webinar: "Strategies to Address Compliance Hot Topics for the 2011-12 School Year"
Date: Wednesday, August 17, 2011
Time: 12 noon to 1:00 pm EDT (9:00 am to 10:00 am PDT)
Course Summary: National attention has focused on several NCAA enforcement investigations involving high-profile coaches and student-athletes. Further, new NCAA legislation will add to the already complex set of rules that must be maintained by an institution's compliance staff and general counsel's office. The workshop will assist compliance officers, general counsel and higher-education professionals with identifying issues, as well as developing solutions to minimize challenges resulting from rules-compliance "hot topics", infractions decisions and new legislation, including, but not limited to, the following questions:
1. What rules-compliance strategies can be developed using an objective analysis of recent enforcement cases and current investigations of alleged NCAA rules-violations?
2. What "hot topics" (and strategies to each) were identified by university administrators in the national survey?
3. What measures can schools use to demonstrate compliance with new NCAA legislation (including the new 9-hour academic credit rule for FBS and FCS football)?
4. What procedures should universities use to address rules-compliance issues involving high-profile student-athletes, head coaches, local merchants and sports agents?
Click here to find out more information on, or to register for, this workshop.
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About the Firm
The Michael L. Buckner Law Firm is a boutique law firm that assists college and university presidents, general counsel, and athletic administrators with addressing NCAA enforcement investigations, infractions appeals and rules-compliance issues. The law firm website can be found at www.michaelbucknerlaw.com. |
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YouTube Channel
The Michael L. Buckner Law Firm's "Information Nuggets" video newsletter series, which provides in-depth analysis on pertinent NCAA compliance and enforcement issues, can be viewed at the firm's YouTube channel.
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Resources for You
Prior issues of the Best Practices Alert newsletter, as well as other complimentary articles, checklists, toolkits and resources, can be located on our website.
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Michael L. Buckner Law Firm
Telephone: 954-941-1844
Facsimile: 954-941-1846
E-mail: mbuckner@michaelbucknerlaw.com
Website: www.michaelbucknerlaw.com
Blog: http://michaelbucknerlaw.wordpress.com
Twitter: @mbucknerlaw
LinkedIn: @michaelbucknerlawfirm
Facebook: http://tinyurl.com/michaelbucknerlaw
YouTube: @michaelbucknerlaw |
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This electronic newsletter, including the information contained therein, is not endorsed or published by the National Collegiate Athletic Association, National Association of College and University Attorneys or the organizations' representatives, but is a legal advertisement from the Michael L. Buckner Law Firm (which is not affiliated with the NCAA or NACUA). Any questions concerning this communication should be directed to Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com).
This publication is offered only for general informational and educational purposes. It is not offered as, and does not constitute, legal advice or a legal opinion. This information is not intended to create, nor does the receipt of it constitute, a lawyer-client relationship. This publication contains hyperlinks to other resources on the Internet. These links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that the Michael L. Buckner Law Firm sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send free written information about our qualifications and experience.
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