These materials are derived from Michael L. Buckner’s presentation at the 2000 Annual Meeting of the Association of College and University Auditors in Montreal, Quebec, Canada as well as information presented by NCAA Membership Services staff at the 2000-01 NCAA Regional Rules Compliance Seminar.  A companion article, which will include specific NCAA rules compliance recommendations and other information, will appear in the February/March 2001, issue of the By the Book: Collegiate Sports Compliance Alert newsletter.

Intercollegiate athletics enter the 21st Century embracing the use of technological advances to aid coaches in the recruitment of student-athletes.  However, the wide use of technological devices, including the Internet, electronic mail, pagers and videoconferencing, in student-athlete recruitment have made significant pieces of NCAA legislation either obsolete or minimally deficient.  Accordingly, the NCAA membership has promulgated legislation to address these new technologies.

Institutional Web Sites

NCAA Bylaw 13 provides the general framework for an institution’s compliance with NCAA recruiting legislation.  Specifically, under NCAA Bylaw 13.4, an institution’s Web site can contain information related to its athletics program.  Furthermore, the legislation provides that general information listed on an institution’s athletics department Web site does not have to conform to the specifications of recruiting materials as outlined in NCAA Bylaw 13 if the Web site is:  1) available to the general public; and 2) not specifically design for a recruiting purpose.  Nevertheless, NCAA legislation states that any recruiting material placed on an institution’s Web site must be limited to permissible materials listed in NCAA Bylaw 13.4.  However, NCAA legislation prohibits an institution’s Web site from containing hyperlinks to noninstitutional publications or recruiting services.  The rationale behind this legislation is that the NCAA deems hyperlinks to noninstitutional publications and recruiting services impermissible endorsements of these sources.  An exemption arises in instances where an institution’s Web site contains a hyperlink to a noninstitutional Web site that contains a variety of information, including an indirect hyperlink to recruiting or scouting information if the link is not considered to be an endorsement of a particular recruiting or scouting service.  References: NCAA LR/IS 11/17/98, Item No. 3; NCAA Staff Interpretation 08/04/99, Item b. In addition, an athletics department’s Web site may not include video clips except as permitted under NCAA Bylaw 13.4.2.

Audio and Video Materials

NCAA legislation and interpretations govern the use of audio and video materials in the recruiting process.  The legislation and interpretations are division specific.  Specifically, in Division I, it is not permissible for an institution’s coaching staff member to engage in face-to-face contact with a prospective student-athlete via a videoconference since the activity is considered by the NCAA to be the equivalent of a recruiting video.  However, Division II permits an institution’s coaching staff member to engage in face-to-face contact with a prospect via videoconference or video telephone.  Interpretations deem this type of contact to constitute one of the three permissible contacts.  References: NCAA LR/IS 09/09/98, Item No. 2; Division II Interpretations Subcommittee 06/09/99, Item No. 1.

Division I permits a coach to show prospects any computer recruiting presentations (i.e., presentation software) during the recruiting process.  However, in Division II, an institution is permitted to produce and show electronically stored information that covers only information pertaining to the institution’s student services, academic admissions, catalog and campus life in addition to basic information pertaining to the immediate town or city where the institution is located.  References: NCAA LR/IS 04/21/98, Item No. 1; Division II Proposal 37.

Electronic Correspondence

In Division I, an institution may not include color attachments with electronic mail messages sent to prospective student-athletes.  The rationale behind this legislation is to provide consistency with legislation requiring attachments to general correspondence to include materials printed only on plain white paper with black ink.  Reference: NCAA LR/IS 08/27/98, Item No. 5. Moreover, recently enacted NCAA Bylaw 13.4.1-(d) specifies that, in Division I, a prearranged electronic conversation (i.e., chat-room session/Instant Messenger) between an authorized institutional staff member and one or more prospective student-athletes shall be considered a telephone call (as opposed to general correspondence).

Advertising and Media Outlets

In Division I, an institution may permit a noninstitutional publication that reports primarily on the institution’s athletics program to purchase advertising space in an institutional publication (i.e., game program) or an institutionally controlled media outlet (i.e., institution’s coach’s show or Web site) without such advertising constituting an impermissible endorsement of the noninstitutional publication if the institution provides an open opportunity to purchase advertising space to the general public on an equal-access basis at an established rate.  Accordingly, NCAA legislation permits an institution to purchase advertising space in a noninstitutional publication that reports primarily on the institution’s athletics program or a media outlet controlled by the noninstitutional publication (i.e., the noninstitutional publication’s Web site) without such advertising constituting an impermissible endorsement of the noninstitutional publication if the opportunity to purchase such advertising space is open to the general public on an equal-access basis at an established rate.  Reference: NCAA LR/IS 12/09/99, Item No. 2.

The relatively freedom of the Internet has provided an opportunity for hundreds of persons and entities to establish media Web sites.  Therefore, institutions must carefully scrutinized Web sites established by individuals independent of the institution.  In fact, the NCAA opines that establishing a Web site in and of itself does not categorize an individual or group of individuals as a media entity.  As a result, individuals or groups of individuals who establish Web sites independent of the institution continue to be subject to all applicable restrictions related to contacting prospects for a recruiting purpose.  Furthermore, NCAA legislation provides that recruiting information that is not available to the general public may not be posted on Web sites established by individuals independent of the institution.  In addition, individuals operating independently of the institution may not contact prospect student-athletes to obtain recruiting information.  Most importantly, a noninstitutional athletics recruiting publication, which is dedicated solely to reporting on a single institution’s athletics program, engaged in activities related to the recruitment of prospective student-athletes may, in some instances, be considered a representative of the institution’s athletics interests.  Reference: Former NCAA Interpretations Committee 10/01/91, Item No. 6.

Citation and Reference:

NCAA, The Use of Technology in Recruiting, 2000 NCAA Regional Rules Compliance Seminar

'The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.'