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Eric MayesJen Roe

#ComplianceCamp

• New Legislation.

• Updated Social Media Charts.

• Case Studies.

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Previous Rule.

• After a PSA signs an NLI, written offer of athletics aid/admission or submits financial deposit in response to an offer of admission, he/she is no longer subject to contact, correspondence or publicity restrictions.

New Rule.

• For institutions that subscribe to the NLI, the exception no longer applies if a PSA signs a written offer of athletics aid/admission or submits financial deposit in response to an offer of admission prior to the regular NLI signing period.

Previous Rule.

• Prior to PSA's commitment to institution per Bylaw 13.02.12.1, institution may only confirm its recruitment of PSA.

New Rule. • Establish exception to restriction

on publicity before commitment that permits action of approval (e.g., like, favorite, and share) by an institutional staff member on social media platforms.

Note: This proposal also provides an exception to the endorsement of a PSA’s team, coach or athletics facility and noninstitutional athletics events involving prospects.

Previous Rule.• In cross country/track and field

and swimming and diving, telephone calls may not be made before July 1 following junior year of high school, and only electronic mail and fax may be sent to PSAs.

New Rule.• In cross country/track, allow

telephone calls September 1 of junior year, and permit any form of electronic correspondence.

• In swimming and diving, allow unlimited telephone calls July 1 following junior year or opening day of classes, senior year.

Note: A portion of this proposal (i.e., permissible forms of electronic correspondence) was rendered moot with the adoption of Proposal 2015-49.

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Previous Rule.

• In cross country/track and field and swimming and diving, only electronic mail and facsimile may be sent to PSA and his or her parent or legal guardian.

New Rule.

• Eliminate prohibition on all forms of electronic correspondence that may be sent to PSA and his or her parent or legal guardian.

Previous Rule.• In football, only electronic

mail and facsimile may be sent to PSA and his parent or legal guardian.

New Rule.

• Eliminate prohibition on all forms of electronic correspondence that may be sent to PSA and his parent or legal guardian.

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13.4.1.4 - Forms of Electronic CorrespondenceEffective August 1, 2016

Prospective Student-athlete's (PSA's) Sport

Prior to Commitment to the Institution

Institutional Camp or Clinic Logistical Issues

After Commitment to the Institution

Email (and Facsimile), Text and Instant Messaging

Men's Basketball Permissible after the June 15 following a PSA’s sophomore year in high school. Must be private between sender and recipient.

Permissible prior to the first date to provide

recruiting materials to a PSA provided, the

information relates solely to logistical issues.

Permissible

Men's Ice Hockey Permissible after the January 1 of a PSA’s sophomore year in high school. Must be private between sender and recipient.

All Other Sports

Permissible after the September 1 of a PSA’s junior year in high school. Must be private between sender and recipient.

13.10 [Publicity] - Actions Taken on Electronic CorrespondenceEffective August 1, 2016

Prospective Student-athlete's (PSA's) Sport

Prior to Commitment to the Institution After Commitment to the Institution

Friend/Follow the Social Media Profile of a PSA. All Sports Permissible prior to the first date to provide recruiting materials to a PSA provided the automatically-generated electronic notification is not modified and no additional communication to the PSA is included.

Permissible

Commenting on the Social Media Post of a PSA. All Sports Impermissible form of electronic correspondence because the comment is not private between sender and recipient. Further, the comment is an impermissible form of publicity because action is more than confirmation of PSA's recruitment.

Permissible

Reposting (e.g., Sharing or Retweeting) the Social Media Post of a PSA.

All Sports Permissible Permissible

Reposting (e.g., Sharing or Retweeting) the Social Media Post of a PSA with a Comment Directed Toward the PSA.

All Sports Impermissible form of electronic correspondence because the comment is not private between sender and recipient.

Permissible

Endorsing (e.g., Liking or Favoriting) the Social Media Post of a PSA.

All Sports Permissible Permissible

Associating (e.g., Tagging or Mentioning) the Profile of a PSA in a Social Media Post.

All Sports Impermissible form of electronic correspondence because the comment is not private between sender and recipient.

Permissible

11.3.2 - EndorsementsEffective August 1, 2016

Prospective Student-Athlete's (PSA’s) Team, Coach or Athletics Facility

Recruiting and Scouting Service

Noninstitutional Athletics Event Involving Prospective Student-Athletes

Commenting on a Social Media Post .

Impermissible Endorsement Impermissible Endorsement Impermissible Endorsement

Reposting (e.g., Sharing or Retweeting) a Social Media Post.

Permissible Impermissible Endorsement Permissible

Endorsing (e.g., Liking or Favoriting) a Social Media Post.

Permissible Impermissible Endorsement Permissible

Associating (e.g., Tagging or Mentioning) a Profile to a Social Media Post.

Impermissible Endorsement Impermissible Endorsement Impermissible Endorsement

Interaction Unrelated to Athletics Participation, Recruitment or Affiliation (e.g., “Happy birthday”).

Permissible Not Applicable Not Applicable

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Case Study No. 1

• Following an official visit a PSA posts a picture on Instagram of himself with two current student-athletes. Institutional coach “likes” the post.

• Is this permissible?

Note: All case studies are for legislation following August 1, 2016.

• Yes, beginning August 1 with the adoption of Proposal 2015-48

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Case Study No. 2

• Institutional coach “tags” the profile of a PSA to a picture posted by a recruiting or scouting service.

• Is this permissible?

No.

• Per Proposal 2015-48, it is still not permissible to “tag”.• Impermissible correspondence.

• Post created was not created by PSA, it was generated by a recruiting/scouting service.• Impermissible endorsement.

Case Study No. 3• During a permissible evaluation period an institutional coach posts the

following posts on Twitter:• A photo of the high school basketball arena.• Retweets a post originated by the high school team’s Twitter handle that notes

the competition’s final score.• Retweets a sophomore PSA’s post acknowledging his twenty-point

performance in the high school competition. The coach adds a “thumbs up” emoji to the retweet.

• All three actions are done in succession.

• Is this permissible?

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• First two posts are permissible.• Photo – Informational, not an impermissible endorsement.

• Retweet of high school score – Permissible to retweet (2015-48).

• Third post is not, since the coach added an emoji to the post.• Retweet with a comment (e.g., emoji) – Impermissible correspondence.

• “Click; don’t type.”

An institution may not create video/audio materials to show to, play for or provide to a prospective student-athlete.• Exceptions.

• Official admissions and student-services media, available to all students.

• Media that includes general information related the institution or athletics that is not created for an athletics recruiting purpose.

Bylaw 13.4.1.8

Case Study No. 4

• An institution’s Director of Football Operations live streams his team’s on-campus spring football practice, via Facebook Live, to all of his “friends”.• A number of the DOFO’s “friends” are prospective student-athletes.

• Is this permissible?

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• Maybe, depends on content of video.

Case Study No. 5

• An institution’s coach creates a private video stream on Periscope to provide a virtual tour of the institution’s athletics facilities. • The private stream is only accessible to prospective student-athletes.

• Is this permissible?

• No, video created for recruiting purpose.• Limited to only prospective student-athletes.

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Case Study No. 6

• An institution’s sports marketing department creates a 20 second viral video to spotlight the game-day and fan experience. • The video is posted to the institution’s official athletics Facebook page.

• An institutional coach posts the marketing video on the Facebook wall of a senior swimming and diving prospective student-athlete.

• Is this permissible?

• No, an institutional coach may not post the marketing video on the Facebook wall of a prospective student-athlete per Bylaw 13.4.1.5.• Impermissible electronic correspondence. The post on the PSA’s wall is not

private between sender and recipient.

Case Study No. 7• An institution’s coach is recruiting at Association High

School.• Association High School’s mascot is “The Regulators”.• The Regulators use the term “Mount Up” in all its marketing

and promotional materials as a slogan for its athletics teams.

• The institution’s coach (@CoachEmUpAU) posted the following on his Instagram account. • Headed to Association High School. #Regulators #MountUp

• Is this permissible?

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• No, the inclusion of #MountUp would be an impermissible endorsement per Bylaw 11.3.2.8.

Case Study No. 8• A men’s wrestling PSA lives in the

state of Indiana.• Due to the PSA’s stocky size, he

commonly goes by the nickname “Meatloaf”.• During a off-campus recruiting trip, an

institution coach posted the following on Twitter.

• Is this permissible?

• No. Institutional athletics department staff members may not communicate publicly with/or about a prospective student-athlete until the prospective student-athlete has committed to the institution.

• Further, an institutional athletics department staff member may not publicly reference the name, nickname or other personally identifiable information (e.g., address) of a prospective student-athlete, other than to confirm recruitment of the prospective student-athlete.

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Case Study No. 9• A current student-athlete posts a series of photos and videos of

herself and a highly recruited softball prospective student-athlete on her Snapchat MyStory.• The video chronicles the SA’s and PSA’s trip to Disney World.

• The trip did not occur in association with a recruiting visit.• The two individuals are former high school teammates.• In one post, the two individuals face-swapped.

• Is this permissible?

• Yes, provided the posts are not in reference to the PSA’s recruitment to the institution and the institution’s coach does not direct the student-athlete to do it.

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