Discussion of NCAA Legislation: Recruiting Material
2005 NCAA Division I Hot Topic No. 9 – NCAA Bylaw 13.4.1 – Recruiting Materials Question and Answer Document
Date Issued: Aug 26, 2005 Type: Ed. Column Item Ref: 1
With the adoption of NCAA Proposal No. 2003-32 (as amended by Proposal No. 2003-32-1), NCAA Division I institutions should note several changes to NCAA Bylaw 13.4.1. In summary of its application, the bylaw specifies the recruiting materials that may be provided to prospective student-athletes. Any other materials not specified in the bylaw may be posted on the institution’s Web site, but may not be printed and sent to prospects and may not be provided as attachments to electronic mail. It is permissible to send black and white attachments (e.g., copies of newspaper articles) with general correspondence, provided such attachments are not already posted on the institution’s Web site. The following questions and answers will assist in the application of Bylaw 13.4.1.
Q: Is it permissible to attach recruiting materials not listed in Bylaw 13.4.1 (e.g., schedule cards, student-athlete handbook) to general correspondence (as black and white attachments) and/or electronic mail sent to prospects if such materials are posted on the institution’s Web site pursuant to Bylaw 18.104.22.168? A: No. The legislation specifically precludes an institution from providing any materials posted on the institution’s Web site to prospects, unless the material appears in the list in Bylaw 13.4.1. This includes providing such items as black and white attachments to general correspondence and as attachments to electronic mail.
Q: Is it permissible to include the institution’s schedule in the text of general correspondence or electronic mail? A: Yes. The legislation precludes an institution from sending an actual schedule card to the prospect in such a manner, but does not preclude the institution’s schedule from appearing in such correspondence. However, it is not permissible to print out a schedule that appears on the Web site and attach it to general correspondence or electronic mail.
Q: Is it permissible to print information obtained from noninstitutional Web sites (e.g., media Web sites) and provide such materials to prospects as black and white attachments to general correspondence or as attachments to electronic mail? A: Yes. Materials from other sources (e.g., newspaper or Web site articles) may be provided in such a manner, provided the materials are not also posted on an institution’s Web site. If such materials are posted on the institution’s Web site, the materials may not be printed in black and white and sent to prospects or sent as attachments to electronic mail.
Q: Is it permissible to include an electronic link(s) to recruiting materials posted on the institution’s Web site in electronic mail sent to prospects? Further, is it permissible to provide electronic links to articles or materials located on noninstitutional Web sites? A: Yes. The provision of electronic links to prospects is permissible. Such links may be included in general correspondence or electronic mail.
Q: In the event an institution posts its camp brochures and other items listed in Bylaw 13.4.1 on its institutional Web site, is it permissible to send such materials directly to prospects? A: Yes. Camp brochures and other materials specifically listed in Bylaw 13.4.1 may be provided directly to prospects. All items listed in Bylaw 13.4.1, except game programs, may be provided directly to prospects via mail or may be provided electronically.
Q: What are the restrictions pertaining to materials not listed in Bylaw 13.4.1 and that are also not posted on the institution’s Web site? A: Not posting particular recruiting materials on the institution’s Web site does not necessarily permit the institution to send any item as an attachment simply because the institution chooses not to place the item(s) on its Web site. In those instances, the institution needs to continue to apply the legislation as it has in the past to make sure the attachment could not be construed as a separate tangible recruiting item, such as a second athletics publication.
Q: Is it permissible for an institution to post a PowerPoint presentation on its Web site? A: Institutions should note that during its April 21, 1998, meeting, the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations clarified that it is not permissible for members of an institution’s coaching staff to show prospects computer recruiting presentations (e.g., using presentation software) during the recruiting process. As a result, unless the presentation meets the provisions of Bylaw 13.4.2 (video/audio materials), it is not permissible for an institution to post a recruiting presentation on its Web site.