NCAA Defense – Amateurism Violations

If you are a student-athlete competing at a school that is governed by the National Collegiate Athletic Association, you probably are aware of the NCAA's dozens of bylaws that regulate when an athlete is and is not still considered an amateur for purposes of the NCAA. While the “Commitment to Amateurism” is one of the NCAA's core principles, the question of when a student-athlete is allowed to accept money or anything of value in connection with performing as an athlete can be difficult to answer.

That's because the NCAA bylaws relating to what are and are not considered permissible types of compensation (including expense reimbursement) for both prospective and enrolled student-athletes are incredibly complicated. They vary depending on who is providing the compensation, what type of compensation is being provided, how much it is, in what context it's being provided, and what sport is involved, among other things. That's why if you find yourself in a situation as a prospective or enrolled student-athlete at an NCAA school where you may be receiving anything of value in connection with your role as an athlete, you need the help of an experienced NCAA Attorney from the Lento Law Firm's Student Defense Team. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation.

What Are the NCAA's Amateurism Requirements?

The NCAA bylaws state that only “an amateur student-athlete is eligible for intercollegiate athletics participation in a particular sport.” The bylaws note that because member school athletic programs “are designed to be an integral part of the educational program,” a student-athlete is “an integral part of the student body.” This, the NCAA states, creates a “clear line of demarcation” between amateur college athletes and professional athletes.

That said, and while the NCAA preaches its “Commitment to Amateurism,” noting that failing to provide accurate information to the NCAA about a student-athlete's amateur status is an ethical bylaw violation, there are actually many instances where the NCAA allows student-athletes to accept certain forms of compensation in connection with their roles as athletes – compensation that goes beyond the athletic scholarship benefits that student-athletes may receive at certain schools.

The complexity of the NCAA amateurism bylaws means that the best way to protect yourself as a prospective or enrolled student-athlete from accidentally breaching one of them is to be aware of certain warning signs that can act as an indication that the compensation you may be receiving in connection with your athletic skills may violate the NCAA bylaws relating to amateurism. Because the penalty for doing so can be severe – an extended suspension from competing, and possible loss of your scholarship – it's important to know when to ask an NCAA lawyer for advice, preferably before accepting the compensation.

For example, as a general rule, these types of compensation for participating in an athletic event are likely to be acceptable and are unlikely to result in a determination by the NCAA that the prospective or enrolled student-athlete has violated the NCAA's amateurism requirement:

• Reimbursement of actual expenses incurred by the student-athlete in connection with attending and participating in the event
• Accepting permissible levels of financial aid, including an athletic scholarship as well as other types of financial aid, from the student-athlete's school
• Accepting funds administered by the U.S. Olympic and Paralympic Committee pursuant to its “Operation Gold” program
• For an international student-athlete accepting funds from their country's Olympic or Paralympic governing body based on their results in one event per year designated as the highest level of international competition by that governing body
• Funds awarded to the student-athlete school based on an award given to the student-athlete, provided the factors on which the award is based include nonathletic criteria and is not based on the student-athlete's performance in a particular athletic event
• An award of an object, such as a trophy, medal, or other item, provided the value of the object is less than a certain maximum set by the NCAA

Here are some instances that the NCAA may consider to be violations of its amateurism requirements for student-athletes:

• Accepting pay for competing as an athlete in the same sport that the student-athlete competes in at school
• Accepting a promise of future pay for competing as an athlete, even if the compensation is to be paid after the student-athlete is no longer enrolled in school
• Signing a contract or commitment to play professional sports
• Signing a contract with an agent
• Entering into a professional sports draft after enrolling as a student-athlete
• Competing on a professional team, even without being paid for doing so
• Working at a job where the student-athlete is paid more than what would be usual for a non-athlete in the same role

Note: there are exceptions in the NCAA bylaws to a number of these general prohibitions. These prohibitions and their exceptions are another reason why it's important to check with an experienced NCAA Attorney before taking any step that could jeopardize your amateur status. Examples of some of these exceptions include:

• Student-athletes may accept prize money for competing in athletics competitions, up to the amount of their “actual and necessary expenses,” except that before they have enrolled in a college, tennis players may accept up to $10,000 in prize money per calendar year. After that point, and after they have enrolled in college, tennis players may only accept prize money to cover their expenses
• Student-athletes designated by their Olympic or Paralympic governing body as elite athletes may receive “developmental training expenses” that relate to “training, coaching, other sports experts, training partners, facility usage, equipment, apparel, supplies, health insurance, travel expenses (for themselves, parents, coaches, sports experts, and training partners), housing, and food.”
• Prospective student-athletes may accept “actual and necessary expenses” from the NCAA to attend the NCAA College Basketball Academy
• Prospective student-athletes may accept “actual and necessary expenses” from a “professional sports organization” to attend an “academy, camp or clinic” provided it's not affiliated with any NCAA institution or conference, and no camp participant is over the age of 15
• Prospective student-athletes may accept free equipment and apparel from apparel or equipment manufacturers or distributors, provide it's related to their sport and other criteria are met

Again, the NCAA amateurism bylaws are like a minefield – if you proceed without knowing where the mines are, things can blow up in your face. That's why the most important thing when dealing with a minefield is knowing it's there in the first place. That's another way of saying that if you are a prospective or enrolled student-athlete, you need to pay close attention to situations where you may be offered compensation or have the opportunity to receive compensation in connection with athletics. If you do so, you will be in a position to check with your NCAA Attorney before going forward and possibly jeopardizing your collegiate athletic career as well as any athletic scholarship you may have been awarded.

What About Name Image and Likeness Deals?

It's important to note that the NCAA's Name Image and Likeness (NIL) bylaws are essentially separate from its amateurism bylaws. According to the NCAA, a student-athlete is free to accept compensation for the use of their name, image, and likeness, provided certain requirements are met. The Lento Law Firm's NCAA Attorneys can advise student-athletes on how to meet the NCAA's NIL requirements.

What Are the Consequences of Violating the NCAA's Amateurism Bylaws?

A prospective or enrolled student-athlete who violates the NCAA's amateurism bylaws will risk being treated by the NCAA as though they are no longer an amateur and thus no longer eligible to play for their school. If they have been awarded an academic scholarship, they would likely lose it, and it would also be difficult for them to be reinstated at their present or any future school. The student-athlete may be required to sit out all or part of one or more seasons and, in addition, may have to repay the amounts received that the NCAA determined were improperly paid to the student-athlete.

There may be additional consequences, depending on the situation. For example, student-athletes who fail to disclose past payments received for athletic performances to the NCAA may be accused of providing false or misleading information, which is a “Level I” violation that can result in separate penalties from any underlying amateurism bylaw violations.

What is the NCAA Procedure for Investigating Alleged Amateurism Violations?

The NCAA may receive information about a potential violation of its amateurism bylaws from a number of sources. Once it has that information, it is likely to open an investigation into the matter or, in some cases, may refer the matter to the student-athlete's school to investigate. Investigations can include a number of steps, such as:

• An initial letter of inquiry from the NCAA to the student-athlete and their school that discloses the allegation and the NCAA's investigation into it
• The student-athlete accused of the amateurism violation is likely to be interviewed; others who may know something about the situation, such as other student-athletes, friends and family of the accused student, and school personnel, may also be interviewed
• The NCAA may also attempt to interview third parties who may have knowledge about the situation, such as people involved in making the alleged payments to the student-athlete or who were responsible for the events that led to the student-athlete receiving compensation
• The NCAA may review documents, electronic information stored on computers and mobile phones, social media accounts belonging to the student-athlete and others affiliated with the school, and messages (including texts and emails) from the accused student's accounts
• The NCAA investigator may conduct a search of publicly available information which may disclose, for example, prizes awarded to a student-athlete in connection with a particular athletic event
• Where relevant, the NCAA may make a physical inspection of one or more locations
• The NCAA may conduct general research as part of the investigation
• There may be one or more internal communications within the NCAA to discuss whether certain facts support or negate an allegation that the student violated an amateurism bylaw
• The NCAA may communicate with third parties or with sources who may have information about the alleged amateurism bylaw violation

The NCAA investigators will not conduct “undercover” operations; they are prohibited by internal NCAA operating procedures from misrepresenting their identity to anyone who provides information for an investigation.

The student-athlete's school will eventually receive the information that the NCAA has collected about the case, though not until the NCAA is comfortable that sharing the information with the school won't compromise the investigation.

At the beginning of the investigation, the NCAA should notify the student-athlete who is being investigated and their school of how long the NCAA believes the investigation should take. It's not unusual for a bylaw infraction investigation and the charging phase to take months; in some cases, it may be more than a year before it is complete. If things are proceeding too slowly for one of the parties, it is possible to ask for a status conference with the chair of the Committee on Infractions to work out ways in which the case may move forward more quickly.

Having an NCAA Attorney on your team from the day you learn that you've been accused of violating an NCAA bylaw, including one or more of the NCAA's many amateurism bylaws, can make all the difference in the outcome. The Lento Law Firm's Student Defense Team understands the NCAA's amateurism requirements as well as its investigation and disciplinary procedures and can help protect your rights and defend you throughout the entire process.

The Importance of Cooperating With an NCAA Investigation

The NCAA considers it very important that student-athletes who are under investigation cooperate with the NCAA investigator. An NCAA bylaw specifically notes that student-athletes are expected to “cooperate fully” when an investigation of any type of alleged bylaw infraction, including an amateurism infraction, is taking place. The NCAA has a list of the types of behaviors it considers to be important when it comes to determining whether a student-athlete is “fully cooperating” with an investigation. These include:

• Reporting any known bylaw violations to the NCAA, including those committed by others
• Helping the NCAA gather documents and other evidence during the investigation
• Agreeing to be interviewed when asked and in a timely fashion
• Responding fully and truthfully to questions asked during the interview
• Disclosing all known information relating to the amateurism situation to the NCAA
• Preserving documents and other evidence (including electronic evidence) that relates to the amateurism issue
• Maintaining the confidentiality of the investigation as required by the NCAA
• Giving the NCAA access to computers, mobile phones, and social media accounts that may contain information relevant to the amateurism matter
• Making sure the student-athlete's attorney also cooperates with the NCAA and encouraging third parties such as friends or family who may have relevant information to do so as well

A student-athlete who fails to cooperate with an investigation commits a separate infraction of the NCAA bylaws, and the NCAA can take immediate action against the student even before the investigation is complete. The student may find themselves suspended until they begin cooperating – with no appeal of the NCAA's decision.

The NCAA bylaws also include the concept of “exemplary cooperation” that goes above and beyond the minimum level of cooperation required. A student-athlete can exhibit exemplary cooperation by volunteering potentially relevant information before the NCAA asks for it; disclosing the names of people who may have relevant information, again before they're requested by the NCAA; taking steps to proactively address the alleged amateurism violation (such as repaying money received that was in excess of what the NCAA allows); and informing the NCAA of other potential bylaw violations.

So, what is the benefit of providing “exemplary cooperation” to the NCAA? The NCAA can decide to treat exemplary cooperation as a mitigating factor when it comes to deciding what sanctions to impose on a student-athlete found to have committed an amateurism violation. If it does, it could mean reducing the penalty that the student-athlete faces for the infraction, which in some cases could mean the student-athlete would face no suspension versus missing all or part of their season.

The Lento Law Firm's Student Defense Team can help you decide to what extent you may want to provide exemplary cooperation in connection with your NCAA investigation. But more importantly, our NCAA Attorneys can help you avoid being accused of not cooperating with the NCAA – because a failure to cooperate is a serious “Level I” violation in and of itself.

Interview Procedures During an Investigation

In most cases, if you are under investigation for a suspected amateurism or other bylaw violation, you will be interviewed by the NCAA's investigator. The interview will likely be audio-recorded by the NCAA unless you object. If you do object, the NCAA investigator will prepare a written summary of the interview, which will become part of the case file. Because audio recordings preserve the actual questions and answers from the interview and because written summaries can be incomplete or inaccurate, in most cases, your interview will be recorded.

As the interviewee, you also have the right to make your own recording of your interview, which can be helpful because you won't have to rely on the NCAA for their recording. You need to tell the NCAA in advance if you intend to record your interview yourself; your NCAA Lawyer will know how and when to let the NCAA know so that there are no problems on the day of your interview.

You will have the right to receive the NCAA's copy of the interview recording, as well as a transcript. If there was no recording but only a written summary, that may be available to you via the NCAA's secure website (or in person at the NCAA's headquarters). There are typically confidentiality obligations you will need to agree to before you are able to review any summary materials.

One of the most important rights you have as a student-athlete being investigated by the NCAA is to have your NCAA Attorney present at your interview. Your attorney can help make sure that you understand each question that you're asked and that you provide clear answers to those questions. If you are under the age of 18, you can also ask to have your parent or guardian present at the interview, but the NCAA may decline your request for a number of reasons.

Termination of an Investigation

Sometimes, the NCAA decides that there isn't enough evidence of a bylaws infraction to move forward with a disciplinary proceeding against the student-athlete. In these cases, which are fairly unusual, the NCAA enforcement staff will terminate the matter without taking any action against the accused student-athlete.

Additional Information the NCAA Can Consider

If there are any court proceedings that relate to your case, the NCAA can consider rulings from the case as well as documents submitted to the court in connection with the matter. In cases where the student-athlete has refused to provide information that the NCAA believes the student-athlete should have or has refused to sit for an interview, the NCAA can make “negative inferences” – basically, assumptions that the information the student-athlete would have provided would support the allegations against them.

Working with an experienced NCAA Attorney can help you avoid situations where the NCAA makes negative inferences against you because you failed to respond to a document request, or missed your interview and didn't reschedule it.

Formal Allegations Against a Student-Athlete

When the investigation is complete, assuming the NCAA decides to move forward with the case, the enforcement staff will draft what is called the Notice of Allegations, which describes what the charges are against you. You and your attorney will have a chance to review this draft and contribute arguments and evidence to the NCAA before the document is finalized. Your NCAA Attorney will know what the requirements are for these if you decide to provide them to the NCAA.

Only in the most serious cases will the NCAA hold formal, live hearings. Most cases are resolved through a “Limited Resolution” process that can involve either a “Written Record Hearing” or a “Summary Disposition.” Which of these two proceedings will apply in your case is something that will depend on where your case stands at the close of the investigation, and on what your NCAA Lawyer recommends. In both situations, your NCAA Attorney will provide arguments and any evidence in your favor.

The best chance you have of an effective defense to your NCAA amateurism violation case is to be working with an experienced NCAA Attorney from day one. At the Lento Law Firm's Student Defense Team, our attorneys understand the NCAA's complicated bylaws and its disciplinary investigation and resolution procedures and will vigorously defend you against the allegations and fight to preserve your eligibility and, where applicable, your scholarship.

How Your NCAA Attorney Can Help

Working with an NCAA Attorney from the point at which you learn there are allegations against you is the best way to protect your rights and defend yourself. Your attorney can:

• Help you cooperate with the NCAA's investigation and provide explanations to the NCAA in cases where you don't have requested documents or information so that you're not accused of failing to cooperate
• Appear with you at your interview with the NCAA investigator and help both you and the interviewer make sure there is a clear record of your answers based on clear questions that you understand
• Conduct investigations to uncover evidence that may help your case
• Negotiate with the NCAA on your behalf to resolve the matter in a way that allows you to still compete and does not affect any scholarship you may have
• Make sure you meet the various case deadlines that arise
• Defend you at your hearing or during any alternative case resolution procedure
• If necessary, appeal your case if the NCAA decides against you

How the Lento Law Firm Can Help

The Lento Law Firm's Student Defense Team has years of experience helping NCAA student-athletes accused of bylaw infractions, including amateurism violations, at schools all over the country. Our student-athlete clients have come from NCAA Division I, Division II, and Division III schools, and we know what it takes to comply with the NCAA's investigation procedures. Our NCAA Attorneys also know the complex NCAA bylaws and can use that knowledge to not only defend you from infraction allegations but to help keep you from violating the bylaws in the first place.

Our goal with all of our NCAA student-athlete clients is to help them protect their athletic and academic future. We know how important it is to you to participate as a student-athlete at your school, and we will fight for you and your rights to help you continue to be able to do that.

If you've been accused of violating the NCAA amateurism bylaws or any other bylaws, or if you have questions about how to avoid doing so, call us at 888.535.3686. Alternatively, you can schedule a confidential consultation with one of our NCAA Attorneys by using our online contact form. At the Lento Law Firm, our goal is to keep you playing!