Athletics Compliance involves many rules and regulations that are created by organizations that have authority and enforcement powers over campuses related to their athletics programs.
National Collegiate Athletic Association (NCAA)
The NCAA membership creates rules in three separate divisions that determine individual eligibility to participate in intercollegiate athletics, two of which SUNY System campuses belong to. SUNY campuses are members of the NCAA's Division I and Division III. The NCAA rules and regulations govern SUNY campuses intercollegiate athletics program. The rules govern the conduct of student athletes, athletic departments, coaches and administrators, and the University community.
How To Become an Eligible Student Athlete: The NCAA Eligibility Center administers the process for prospects seeking initial eligibility. Prospective student-athletes must meet minimum academic standards and amateurism criteria in order to participate in college-level athletics.
Who Creates the NCAA Rules: NCAA membership committees create the rules that member schools must comply with. These committees are comprised of faculty members, administrators, and other higher education professionals from the member institutions, and they are tasked with creating and applying eligibility standards, and ensuring enforcement.
In addition to NCAA rules and regulations, campuses must also comply with the rules of the various regional conferences that they may be a member of.
NCAA Title I and III Division Regulations
NCAA 2012-2013 Division I Manual
NCAA 2012-2013 Divison III Manual
SUNY System-Wide Policies and Procedures on Athletics
SUNY Policy Intercollegiate Athletics, Document Number 3000
Summary: This policy governs State University of New York (University) campus changes in intercollegiate athletic competition levels, funding of intercollegiate athletics programs and the activities of campus intercollegiate athletic boards.
SUNY Procedure, Intercollegiate Athletics, Fiscal & Accounting Procedures, Document Number 7008
Summary: The State University of New York Board of Trustees has demonstrated a long standing commitment to intercollegiate athletics as an integral component of the University’s educational experience. These procedures provide greater flexibility in the operation of intercollegiate athletics programs in recognition of upgraded campus athletics programs and associated National Collegiate Athletic Association (NCAA) policies. These procedures apply to all levels of intercollegiate athletic competition (i.e., NCAA Division I, II, III, or other authoritative body). Institutional control requirements are governed by the prescribed mandates contained in the NCAA constitution - Article 6 of the annual NCAA Manual for each of the three membership divisions. For intercollegiate athletics programs not associated with the NCAA, institutional control requirements will be governed by those applicable to NCAA Division III institutions (excluding section 6.3 Self-Study and Evaluation).
Tuition, Fees and Charges (8 NYCRR Sec.302)
STAYING OUT OF THE PENALTY BOX: NAVIGATING THE NCAA DIVISION III FINANCIAL AID REPORTING PROGRAM, NACUA Note, February 15, 2013, written by SUNY Associate Counsel Andrea Stagg and Justin P. Sievert, Senior Counsel to the Michael L. Buckner Law Firm
Article, NCAA Board adopts tougher, more efficient, enforcement program, October 2012, NCAA Website
NEW RULE Implications: Head coaches now have a presumption of knowledge if wrongdoing/non-compliance occurs
- You can overcome presumption bY presenting evidence of a strong compliance atmosphere
- Need Good recordkeeping around efforts to ensure compliance
- No longer enough to have policies in place; you now need to have checks/ controls in place to ensure they are followed
- Must train, spread knowledge, and self-report when you detect issues
- It has been suggested that these new rules make it so that the Compliance program needs to be part of the fabric of the team, as if the Compliance Officer were a player
The Chronicle of Higher Education, How Competent Are Compliance Officers? They’re About to Find Out, September 25, 2012, 9:53 am, By Brad Wolverton
References to Best Practices and Supplemental Resources
AGB Statement on Board Responsibilities for Intercollegiate Athletics, from the Association of Governing Boards, published November 2007 and April 2009.
National Collegiate Athletics Association (NCAA) Website
The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials or the SUNY Compliance Administrator. For legal advice, consult your lawyer.