Principles of Institutional Control
Institutional Control of athletics is a fundamental requirement of NCAA legislation. Specifically, the NCAA constitution provides that each institution shall be responsible for:
- Controlling its intercollegiate athletics program in compliance with the rules and regulations of the Association. A key indicator of an institution's commitment to compliance and institutional control is the extent to which each sports program (regardless of its visibility or potential for producing income) is subject to the same operating procedures and standards in terms of rules compliance.
- Monitoring its programs to ensure compliance, identifying and reporting to the Association instances in which compliance has not been achieved, and taking corrective actions.
- Establishing procedures for investigating alleged violations and self-reporting discovered violations.
- Ensuring that members of the institution's staff, student athletes and other individuals and groups representing the institution's athletics interests comply with all applicable Association rules. Rules compliance must be a collective institutional responsibility. Certainly, the compliance responsibilities of the athletics department are substantial, but the institution must recognize the important role that other departments and administrators play throughout the institution.
The Committee on Infractions has placed the burden of proof on institutions to demonstrate control of their athletics program. The committee has stated that problems related to institutional control may exist if:
- Coaching staff members are aware of violations and do nothing.
- Administrative staff members should have been aware of violations but were not.
- A pattern of reoccurring violations is evident.
Representatives of Athletics Interest (Boosters)
A "Representative of the Institution's Athletics Interest" (booster) is anyone who is known (or should be known) by a member of the institution's executive athletic administration to:
- Participate in or have been a member of a sport support group or a booster club.
- Make or have made a donation to the University of Florida Athletic Association.
- Provide or have helped arrange employment for student-athletes or provided benefits to enrolled student-athletes.
- Have been involved in promoting the University's athletics program, in any way.
- Participated as a varsity athlete at the University of Florida.
Note: Once an individual is identified as a "Representative of the Institution's Athletics Interest," (Boosters) the person retains that identity forever.
Consequences to Boosters for NCAA Violations
- Institutions are required by the NCAA to notify boosters of consequences regarding rules violations. Boosters found in violation of NCAA rules are subject to losing benefits and privileges, including season tickets.
- The NCAA Committee on Infractions has processed cases in which penalties have included both the disassociation of boosters with the institution and the loss of season ticket privileges.
Recruitment of Prospective Student-Athletes
A prospective student-athlete is defined by the NCAA as any person who has begun classes for the ninth grade.
A prospective student-athlete remains a prospect even after he or she has signed a National Letter of Intent or accepts an offer of financial aid to attend the University of Florida.
The prospective student-athlete remains a prospect until they report for the first day of classes for a regular term (fall or spring).
Recruiting Contacts
All in-person, on- and off-campus recruiting contacts with a prospect or the prospect's relatives or legal guardians(s) shall be made only by authorized institutional coaches or staff members. A coach is not permitted to recruit off-campus until he or she has been certified on an annual basis as to knowledge
of applicable recruiting rules.
A contact is defined as any face-to-face encounter between a prospect or the prospect's relatives or legal guardian(s) during which time any dialogue in excess of an exchange of a greeting occurs. Boosters are prohibited from contacting a prospect or the prospect's relatives or legal guardian(s) to encourage the prospect to participate in intercollegiate athletics at the University of Florida.
The following are specific restrictions that apply to boosters:
- You are prohibited from telephoning or writing to a prospect or the prospect's relatives or legal guardian(s).
- You are prohibited from providing entertainment during the prospect's official visit.
- You are prohibited from providing transportation for a prospect or the prospect's relatives or legal guardian(s) to visit our campus.
- You are prohibited from providing the prospect or the prospect's relatives or legal guardian(s) with money or financial aid of any kind.
As a booster, you are permitted to:
- Notify our coaches about prospects in your area that may be strong additions to our team.
- Attend high school or two year college athletic contests or other events where prospects may compete; however, you may not contact the prospect or the prospect's relatives or legal guardian(s).
- Continue existing friendships with families of prospects, but you may not attempt to recruit the prospect.
Benefits for Enrolled Student-Athletes
Receipt by a student-athlete of an award, benefit or expenses allowance, not authorized by the NCAA renders the student-athlete ineligible for athletics competition.
An extra benefit is any special arrangement by an institutional employee or a representative of the institution's athletics interest to provide a student-athlete or the student-athlete's relative or friend a benefit not expressly authorized by NCAA legislation.
In general, boosters may not provide anything or make special arrangement for student-athletes (and prospective student-athletes) that are not available to the general student population. Examples
of extra benefits not allowed by NCAA rules include, but are not limited to, the following:
- Providing cash or loans in any amount, or signing or cosigning for a loan.
- Providing student-athletes money for the exchange of complimentary admissions.
- Providing special discounts for goods and services (e.g. movie tickets, car repair, legal services, clothing, haircuts, dinners).
- Providing the use of an automobile, telephone, etc.
- Providing free or reduced rent or housing.
- Providing gifts of any kind, including birthday cards and holiday gifts.
As a representative of the institution's athletics interest, you are permitted to:
- Meet with and receive autographs from student-athletes during University of Florida sponsored pre-season events (e.g. Fan Photo Day or Meet the Team). Please be aware it is not permissible for you to sell the autographs or use the autographs to raise money for a special project.
Student-Athlete Employment
Student-athletes are eligible for employment during the regular academic year as well as during the university's official vacation periods (Christmas and spring break and the summer).
The University Athletic Association is permitted to arrange employment for prospective student-athletes during the summer prior to their enrollment as freshmen and enrolled student-athletes.
Please note: It is not permissible for a student-athlete to receive compensation related to his or her speaking/lecturing at an institutional athletics booster club function.
The Compliance Office must keep written records verifying all student-athlete employment records. The following rules are applicable to student-athlete employment:
- Employers must receive prior approval before hiring any student-athletes.
- The student-athlete is compensated only for work actually performed at a rate commensurate with the going rate in that locality for similar
- The student-athlete has not been hired based on his or her athletics ability.
- Transportation to work for student-athletes is not provided unless transportation is provided for all other employees.
Promotional Activities of Student-Athletes
A student-athlete shall not be eligible for participation in intercollegiate athletics if the individual accepts any renumeration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind.
If a student-athlete's name or picture appears on commercial items (e.g., t-shirts, playing cards, poster, photographs) or is used to promote a commercial product without the student-athlete's knowledge or permission, the student-athlete and the institution are required to take steps to stop such an activity in order to retain the student-athlete's eligibility.
All charitable, educational and non-profit promotional activities involving student- athletes must have prior approval from the University Athletic Association. All such events are coordinated through the Goodwill Gator Program.
For information, please call (352) 375-4683 ext. 5800.
Agents
- A student-athlete shall be ineligible for participation in intercollegiate athletics if he or she ever has 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.
- 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.
- An individual shall be ineligible if he or she (or relatives or friends) accepts or receives any extra benefits from an agent or anyone who wishes to represent the student-athlete.
Under NCAA rules, it is permissible for universities to appoint a Professional Sports Counseling Panel to advise student-athletes and their parents about the student-athletes' future careers in professional athletics. The Panel assists in the following ways:
- Advising student-athletes about future professional careers,
- Providing direction on securing a loan for the purpose of purchasing insurance against a disabling injury,
- Reviewing a proposed professional sports contract,
- Meeting with the student-athlete and representatives of professional teams,
- Communicating directly (e.g., in-person, by mail or telephone) with representatives of a professional athletics team to assist in securing a tryout with that team for a student-athlete,
- Assisting the student-athlete in the selection of an agent by participating with the student-athlete in interviews of agents, by reviewing written information player agents send to the student-athlete and by having direct communication with those individuals who can comment about the abilities of an agent (e.g., other agents, a professional league's players' association),
- Visiting with player agents or representatives of professional athletics teams to assist the student-athlete in determining his or her market value (e.g., potential salary, draft status).
Gambling Activities
A student-athlete, coach and/or employee of the University Athletic Association shall not knowingly:
- Provide information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;
- Solicit a bet on any intercollegiate team;
- Accept a bet on any team representing the institution;
- Solicit or accept a bet on any intercollegiate competition for any item (e.g. cash, T-shirt, dinner) that has tangible value;
- Participate in any gambling activity that involves intercollegiate athletics or professional athletics, through a bookmaker, a parlay card or any other method employed by organized gambling..
