DIII Amateurism Professional Involvement Kristin Nesbitt Jean Orr June 12, 2012
DIII Amateurism:Professional Involvement • Agenda: • Clear line of demarcation and professional sponsorship. • Definition of a professional team • PSA/SA involvement with professional teams. • Professional potpourri and best practices.
DIII AmateurismProfessional Involvement • Learning Objectives: • Explain relevant legislation regarding professional involvement. • Highlight appropriate resources for assistance in navigating professional involvement scenarios. • Recommend best practices to real-life situations.
Clear Line of Demarcation • Athletics is a key part of college education. • Student-athletes are a key component of the student-body. • Keeping that focus draws a clear line between college athletics and professional sports. Bylaw 12.01.2
Professional Sponsorship • A professional sports organization can give funds to a conference for a specific intercollegiate competition event. • Must be placed in the conference’s budget for the specific event. • Includes any ancillary activities and promotions. • Same rule applies to institutions. • **Proposal 2012-4; Bylaws 184.108.40.206 and 220.127.116.11);
Professional Sponsorship • A professional sports organization can also give funds to: • The NCAA national office, as developmental funds (Bylaw 18.104.22.168); • An institution’s general fund, for non-athletics purposes (Bylaw 22.214.171.124); • An institution’s general scholarship fund, combined with funds to assist all students in general (Bylaw 126.96.36.199);
Professional Sponsorship • A professional sports organization can also give sports memorabilia to an institution for institutional or departmental fundraising activities (Bylaw 188.8.131.52) .
Professional Sponsorship • An institution may receive a share of receipts from an event involving an intercollegiate athletics team and a professional sports team or a pro-am event as long as: • The institution has a formal agreement with the professional sports team regarding the institution’s guarantee or share of receipts. • The contract terms are consistent with similar agreements the pro team has made for intercollegiate or nonprofessional competition. (Bylaw 184.108.40.206)
Professional Sponsorship • An institution may host or promote an athletics contest between two professional teams from recognized professional sports leagues as a fundraising activity. (Bylaw 220.127.116.11)
Definition of a Professional Team Two ways to identify a professional team: • If an organized team provides any of its players more than actual and necessary expenses for participation on the team. • If an organized team declares itself to be a professional team. Bylaw 12.02.4
Actual and Necessary Expenses • Must be in line with the fair market value in the locality. • Can’t be excessive in nature. (Bylaw 12.02.4)
Definition of a Professional Team • Relevant Questions: • What expenses does the team provide to any of its players? • Does the value of any expense that is provided exceed actual and necessary expenses? • Is the team calling itself a professional team?
Semiprofessional Teams • Teams often declare themselves to be semiprofessional teams. Regardless of how a team defines itself, look at the ways that an organized team can trigger the definition of a professional team.
Semiprofessional Teams • If a team declares itself to be semi-professional, but does not provide any of its players more than actual and necessary expenses, the team is not considered a professional athletics team. • Note: There is currently no formal interpretation. This concept will be reviewed by the DIII Interpretations and Legislation Committee.
Name That Team! • Rick is a member of the MudvilleCaseys. • He receives only actual and necessary expenses. • The team declares itself to be a semiprofessional team. • Outcome: Amateur team
Name That Team! • Sarah is a member of the Louisville Sluggers. • She receives only actual and necessary expenses. • The team declares itself to be a professional team. • Outcome: Professional team
Name That Team! • Joe plays basketball for the Hoboken Circumnavigators. • He receives more than actual and necessary expenses. • The team declares itself an amateur team. • Outcome: Professional Team
PSA/SA Involvement with Professional Teams • No agents or agreements to be represented by an agent. • Orally or in writing • For now or for at a future date • If agency contract does not apply to a specific a sport or sports, it applies to all sports, and the individual is ineligible in all sports.
PSA/SA Involvement with Professional Teams • Before initial, full-time collegiate enrollment, a PSA may… • Accept up to actual and necessary expenses to participate on a professional team. • Sign a contract to play professional athletics. • Compete on a professional team. Bylaw 18.104.22.168
Ham Porter • A talented prospect, and played baseball on the “Sandlot” his entire life. • Graduated from high school in May 2011. • Signed a contract and competed on a Minor League Baseball Rookie team for a year. • Received only travel and housing expenses. Can Ham play baseball at a DIII institution for 2012-13?
PSA/SA Involvement with Professional Teams Yes. Before initial enrollment, an individual can be a member of a professional team as long as he or she did not receive more than actual and necessary expenses.
After Initial, Full-time Collegiate Enrollment: SA may… • Try out with a professional team or permit a professional team to conduct medical examinations at any time outside the playing and practice season (Bylaw 22.214.171.124); • Receive actual and necessary expenses related to a tryout as long as it does not exceed 48 hours (Bylaw 126.96.36.199); • Practice with a professional team, but may not receive expenses, enter into a contract/agreement, or participate in competition as a representative of a professional team (Bylaw 12.2.2).
PSA/SA Involvement with Professional Teams • After initial, full-time collegiate enrollment, a SA may… • Inquire about his/her eligibility for a professional draft or request information about his/her market value (Bylaw 188.8.131.52); • Enter a professional league draft one time during his/her collegiate career (Bylaw 184.108.40.206.1);
PSA/SA Involvement with Professional Teams • After initial, full-time collegiate enrollment, a SA may… • Enter into negotiations with a professional sports organization. (220.127.116.11) • Lawyers and financial or personal advisors (12.3.2) . Educational Column, 6/17/11
Sam “Mayday” Malone • Current DIII baseball SA at Cheers College. • Participated in a one-day tryout with the Boston Red Sox during his DIII team’s bye-week. • Paid his own expenses. • Did not sign a contract with the Red Sox. Has Sam jeopardized his eligibility by participating in the tryout?
PSA/SA Involvement with Professional Teams Yes. Sam has jeopardized his eligibility because the tryout occurred during his team’s playing and practice season.
PSA/SA Involvement with Professional Teams • Amateurism legislation is sport-specific. • A SA may be professional in one sport, and may represent a member institution in a different sport. (Bylaw 12.1.2)
Bo Knows… • He is a DIII football and baseball SA. • He will graduate in May 2012. • He has signed a contract to play in the NFL after graduation. • He wants to play DIII baseball for the 2012 spring term, but he doesn’t know if he is eligible to participate since he signed an NFL contract. Can he?
Bo Knows… Yes. Bo now knows he is eligible in baseball because he only signed a professional contract in football.
Sports Considered Different for Amateurism Purposes Official Interpretation 11/05/2008
Professional Potpourri • International Teams. • Major Junior Ice Hockey.
International Club Teams • International club, university or league teams are often affiliated with professional sports organizations. • An institution should take the same steps to determine if an international club team is professional or amateur. Again, refer to the ways that an organized team can trigger the definition of a professional team.
International Club Teams • During the summer after his sophomore year at your institution, Derek competes as a member of the Spanish soccer team Dribbles Real.
International Club Teams • Dribbles Real is a part of LigaMejor, the junior-level development league for EspañaSuprema, the premier professional league in Spain. • The most talented LigaMejor players are often scouted and asked to join EspañaSuprema, where they sign contracts and are paid a salary.