| Frequently Asked Questions
"No" is not always the answer in compliance.
Please feel free to email us at compliance@athletics.utexas.edu with any questions related to UT Athletics and NCAA legislation!
Q: What is the definition of a Representative of Athletics Interests (RAI), commonly referred to as a booster?
A: NCAA Bylaw 13.02.11 Representative of Athletics Interests: A "representative of the institution's athletics interests" is an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization who is known (or who should have been known) by a member of the institution's executive or athletics administration to: (Revised: 2/16/00)
(a) Have participated in or to be a member of an agency or organization promoting the institution's intercollegiate athletics program;
(b) Have made financial contributions to the athletics department or to an athletics booster organization of that institution;
(c) Be assisting or to have been requested (by the athletics department staff) to assist in the recruitment of prospects;
(d) Be assisting or to have assisted in providing benefits to enrolled student-athletes or their families; or
(e) Have been involved otherwise in promoting the institution's athletics program.
Some examples of RAI's are: fans, undergraduate students, graduate students, all university faculty, staff and other employees and alumni. (This is not an exhaustive list.)
It is also important to remember:
13.02.11.1 Representative of Athletics Interests
Once an individual, independent agency, corporate entity or other organization is identified as such a representative, the person, independent agency, corporate entity or other organization retains that identity indefinitely.
Q: Has a violation occurred when a RAI becomes involved in any way when a prospect is visiting campus?
A: YES. A RAI is prohibited from any involvement in any recruiting activity.
Q: Has a violation occurred if a RAI reimbursed the coach of a prospect for expenses incurred in transporting that prospect to visit the campus?
A: YES.
Q: Can a RAI provide an occasional home cooked meal to enrolled student-athletes?
A: YES. A RAI may host an occasional home meal for enrolled student-athletes as long as the meal occurs in the RAI's place of residence. Remember you will need to submit a request form for approval to the compliance office before the meal takes place.
Q: Is it permissible for a RAI to provide employment in the academic year or summer for student-athletes?
A: YES. Employment arranged by a RAI is permissible as long as compensation is paid only for work actually performed and at a rate commensurate with the going rate for all individuals, in that locality, performing similar services. Both the student-athlete and the employer must sign a written
statement prior to beginning any employment.
Q: When are student-athletes permitted to make public appearances?
A: At the discretion of the institution, student-athletes are allowed to make appearances at schools, hospitals or other non-profit charitable organizations provided such activities are pre-authorized by the athletic department. Student-athletes are not permitted to appear at "for-profit" establishments for purposes of signing autographs.
Occasional Home Meals for Student-Athletes
PLEASE REMEMBER
NCAA Bylaw 16.12.1.5 - An institutional staff member may provide a student-athlete or a team with an occasional meal (and transportation to attend the meal) at any location in the locale of the institution (e.g., restaurants) on infrequent and special occasions. In addition, a booster may provide a student-athlete or a team with an occasional meal (and transportation to attend the meal) at his/her home on infrequent and special occasions, but remains prohibited from providing a meal at a restaurant.
Generally, "occasional" constitutes two to three times per semester per student-athlete.
1. Meal host (e.g., coach, booster or institutional staff) obtains and completes an Occasional Home Meal Form.
2. Meal host submits the Occasional Home Meal Form to the Compliance Coordinator for approval.
3. The Compliance Coordinator reviews the form and checks the following:
- Is the meal host a coach, institutional staff member or booster?
- If a booster, is the meal to be held at his/her home?
- How many occasional meals has the sport previously had this year?
- Are all attendees permitted at the meal?
4. If approved, the Compliance Coordinator signs the form and carbon copies the meal host and Business Office to notify that the meal has been approved.
5. If the meal host, is an institutional staff member, they are to submit a copy of the form with meal receipts to the Business Office for reimbursement. The Business Office will not reimburse the meal if a form approved by the compliance office has not been submitted with the receipts.
6. The Compliance Office enters the sport, date of the meal, meal host, meal attendees and location of the meal on a spreadsheet.
7. The Compliance Office tracks the number of meals for each sport to ensure that they are on an "occasional" basis.
8. Generally, "occasional" constitutes two to three times per semester per student-athlete.
Promotional/Charity Appearances for Student-Athletes
We receive many requests from the public for student-athlete appearances. The NCAA amateurism legislation regulates the manner in which student-athletes may participate in promotional activities. Any use of a student-athlete's name, picture or appearance to support The University of Texas or a charitable, educational or nonprofit organization requires prior approval by the Compliance Office under NCAA legislation. Failure to obtain prior approval could affect a student-athlete’s eligibility.
Procedure for Approval
All requests for a student-athlete at The University of Texas appearance must be approved though the following procedure:
» If a student-athlete is requested to make an appearance at any event, please contact the Compliance Office at 512.471.7285 or print and fax the Student-Athlete Appearance Form to (512) 232-4361.
» Upon receipt of the request form, our office will review and determine if appearance is permissible under NCAA legislation.
» If approved, the Compliance Office will contact the entity or organization and inform them of the decision made on the Student-Athlete Appearance Form and provide a contact name for scheduling the appearance.
*
Please do not allow a student-athlete appearance to be made unless you receive approval from the Compliance Office.
Promotional/Charity Appearances for Coaches
We receive many requests from the public for coaches appearances. The NCAA legislation regulates the manner in which coaches may participate in promotional activities. Any use of a coach's name, picture or appearance to support The University of Texas, charitable, educational, or nonprofit activities requires prior approval by the Compliance Office to ensure it is permissible under NCAA legislation.
Procedure for Approval
All requests for a coach at The University of Texas appearance must be approved though the following procedure:
» All requests should be directed to the sport’s administrative assistant.
» Administrative Assistants/other staff members should have all requestors complete a Coach Appearance Form and obtain coaches approval.
» If the coach approves, the request may then be sent to the administrative assistant for compliance.
» The Compliance Office will review the request and determine if it is permissible under NCAA legislation. If approved, the Compliance Office will notify the appropriate sport's administrative assistant.
» The administrative assistant will contact the agency/organization to notify of approval. Please note, a coach may not attend any event without the approval of the Compliance Office.
Athletic Autographed Items Request
We receive many requests from the public regarding autographed memorabilia (balls, bats, helmets, etc.) with student-athletes' and coaches' signatures. The NCAA amateur legislation regulates the manner in which a student-athlete may use his or her name. Any use of a student-athlete's or coach's name, picture or appearance to support The University of Texas, charitable, educational, or nonprofit activities requires prior approval by the Compliance Office.
Procedure for Approval
All requests for an autograph from a student-athlete at The University of Texas must be approved through the following procedure:
» Administrative Assistants/other staff members should direct all requests from individuals or entities for autographed items to Administrative Associate for Compliance Mindy Thompson at (512) 471-7285.
» The Administrative Associate for Compliance issues the Student-Athlete/Coach
Autographed Item Request form to the requestor. The requestor completes and returns the form to the Compliance Office.
» The Administrative Associate for Compliance reviews then forwards form to the sport for initial approval or denial.
a. If agreeing to fill the request, the sport signs the request form and returns it to the Compliance Office.
b. If denying the request, the sport returns the request form to the Compliance Office. The Administrative Associate for Compliance notifies the individual or organization of the decision.
» The Administrative Associate for Compliance forwards sport approved forms to Compliance Coordinator.
» The Compliance Coordinator either approves or denies the request based on NCAA legislation.
a. If approved, the Administrative Associate for Compliance copies the sport and forwards an autographed item disclaimer form to the individual or organization.
b. If denied, the Administrative Associate for Compliance copies the sport and notifies the individual or organization of the decision.
» The sport handles the distribution of the requested items.
Volunteer Coaches
The Office of Compliance has instituted new measures to ensure that volunteer coaches are acting on behalf of The University in a manner consistent with the regulations set forth by The University and the NCAA. Our goal is to implement a structured system that protects you, your careers, and the programs in which you invest your spare time.
In this regard, the Athletics Department now requires head coaches to develop specific job descriptions for their volunteer coaches which will be kept on record with the Office of Compliance. Volunteer coaches must file forms describing their outside employment with the Office of Compliance. Outside employment forms must be updated on a quarterly basis or as soon as your employment situation changes.
The Athletics Department also expects its volunteer coaches to understand the NCAA regulations that guide and limit their activities. These regulations include the following:
• Volunteer coaches are prohibited from contacting or evaluating prospects off campus .
• Volunteer coaches are prohibited from scouting opponents off campus.
• Volunteer coaches may not receive any compensation or remuneration from the Athletics Department personnel or representative of athletic interests.
• Volunteer coaches are required to disclose and provide verification of outside employment arrangements.
• Volunteer coaches may receive two complimentary admissions to athletic events in their sport.
• Volunteer coaches may participate in official paid visits by prospective student-athletes, but must pay for own meal at restaurants.
• Volunteer coaches may be suspended or employment terminated if found to be involved in NCAA rules violations.
Your time and consideration are greatly appreciated in this matter in advance. We hope that once the system has been fully implemented, volunteer coaches may enjoy their experience with Texas Athletics to the fullest extent possible. Concerns or comments may be directed towards the Office of Compliance.
Student-Athlete Agent Policy
I. Purpose: This policy outlines the Student-Athlete/Agent Policy at The University of Texas at Austin. This policy is required to comply with the laws of the state of Texas and NCAA Bylaw 12.3.
II. Philosophy: The policies and procedures described below are designed to meet the laws of the state of Texas and the rules of the NCAA and to provide specific guidelines to follow to ensure that The University protects the eligibility of its student-athletes and serves the needs of both agents and student-athletes.
III. Applicability: This policy is applicable to all student-athletes at The University of Texas and to all agents who want to interview UT student-athletes, in accordance with state law.
IV. Use of Agents:
xxA. General Rule: An individual shall be ineligible for participation in an intercollegiate sport if he or she has ever agreed (orally or in writing) to be represented by an agent for the purpose of marketing his or her athletic ability or reputation in that sport. Further, an agency contract, not specifically limited in writing to a sport or particular sports, shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sport.
xxxx1. Representation for Future Negotiations: An individual shall be ineligible if he or she enters into a verbal or written agreement with an agent for representation in future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.
xxxx2. Benefits from Prospective Agents: An individual shall be ineligible if he or she (or his or her relatives or friends) accepts transportation or other benefits from any person who represents an individual in the marketing of his or her athletic ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general
xxB. Legal Counsel: Securing advice from a lawyer concerning a proposed professional sports contract shall not be considered contracting for representation by an agent unless the lawyer also represents the student-athlete in negotiations for such a contract.
xxxx**Presence of a Lawyer at Negotiations: A lawyer may not be present during discussions of a contract offer with a professional organization or have any direct contact (i.e., in person, by telephone or by mail) with a professional sports organization on behalf of the student-athlete. A lawyer's presence during such discussions is considered representation by an agent.
xxC. Athletics Scholarship Agent: Any individual, agency or organization that represents a prospective student-athlete for compensation in placing the prospect in a collegiate institution as a recipient of institutional financial aid shall be considered an agent or organization marketing the individual's athletic ability or reputation.
xxD. Professional Sports Counseling Panel: Each year, The University of Texas will establish an institutional professional sports counseling panel to:
xxxx1. Advise student-athletes about a future professional career;
xxxx2. Provide direction on securing a loan for the purpose of purchasing insurance against a disabling injury;
xxxx3. Review a proposed professional sports contract; and
xxxx4. Meet with a student-athlete and representatives of professional teams.
xxxxxxa. Appointment by Chief Executive Officer: This panel shall consist of at least three persons appointed by the institution's chief executive officer (or his or her designated representative from outside the athletics department).
xxxxxxb. Composition: No more than one panel member may be an athletics department staff member. All other panel members must be selected by the institution from among its full-time employees employed outside the athletics department. All panel members shall be identified to the NCAA national office.
V. Student/Agent Interviews:
xxA. State law requires that each institution designate at least five but no more than 30 consecutive business days to schedule student-athlete/agent interviews. The interviews must be held during the off-season training period prior to the student-athlete's final season of eligibility.
xxB. The University of Texas designates a five-day period in both the fall and spring terms for student-athlete/agent interviews. The fall term is for the following sports: baseball, golf, tennis, track, cross country, swimming, rowing, soccer, softball, volleyball, soccer and rowing. The spring term is for football and basketball interviews.
xxC. The Compliance Office notifies each agent registered with the State of Texas of the scheduled interview dates 30 days in advance. Interviews are conducted on campus under the direction of the Compliance Office.
xxD. The Compliance Office provides agents with a list of student-athletes eligible to be interviewed. Each agent can then select those student-athletes he or she would like to interview. Student-athletes are provided the names of those agents who have expressed a desire to interview with them. After the student-athlete selects the agents with whom he or she wishes to interview, the Compliance Office schedules the interviews and provides both the student-athletes and agents with the date, time, location of the interviews, and insures the presence of a third party.
xxE. The Compliance Office submits this policy to the institution's men's or women's Athletics Council for approval. Upon approval by the Athletics Council, the policy is filed with the Secretary of State within 30 days.
VI. Annual Reviews:
xxA. An annual review of the policy is conducted, and any amendments to the policy are approved by the Athletics Council. The amended policy is filed with the Secretary of State within 30 days.
xxB. The Compliance Office organizes and supervises the student-athlete/agent interview policy to ensure compliance with the State of Texas Athlete Agents Act and any rules adopted under the Act.
xxC. The Compliance Office provides student-athletes and registered agents with a copy of this policy.
» State Athlete Agent Laws
Any questions regarding this policy or compliance with the Athlete Agents Act should be addressed to:
Office of Athletics Compliance
University of Texas at Austin
P.O. Box 7399
Austin, Texas 78713
Telephone: (512) 471-7285
Fax: (512) 471-5516
folanag@athletics.utexas.edu |
