Rice Commission: Quick Hits

by | Apr 26, 2018

What’s Happening?

President Mark Emmert responded to the FBI’s college basketball probe by creating a commission on college basketball to recommend changes on issues surrounding men’s basketball specifically.  The recommendations were processed this morning by the board and the commission calls the NCAA to draft legislation and plans to implement any changes.  The NCAA is under no obligation to accept all changes, but Emmert has stated the organization plans to move quickly.  Expect to see legislative drafts of proposed changes around August 2018. 

Student-Athlete Success:

  1. Commission recommends that the NBA and NBPA should permit 18 year-olds to be eligible for the NBA draft (therefore eliminating the one-and-done)
  2. Commission recommends to the NCAA that athletes who declare for the draft will not lose their eligibility at an NCAA institution unless or until they sign a professional contract.
    • Player must return to the same school (if already enrolled at an NCAA institution);
    • Player must request evaluation from NBA’s Undergraduate Advisory Committee before entering draft
  1. Commission recommends that the NCAA develops strict standards for certifying agents and permits student-athletes to receive meaningful assessment of professional prospects earlier with assistance from these certified agents.
    • Any student-athlete who enters into agreement with a non-certified agent will lose eligibility
  1. Commission recommends that the NCAA establishes a fund and pays for the degree completion of athletic scholarship student-athletes who leave the institution after progress of at least two years towards a degree.

Investigation and Adjudication of NCAA cases, Increased Penalties and Jurisdiction:

  1. Commission recommends that the NCAA should create and implement a process whereby there are two tracks for addressing rules violations.
    • Non-complex cases: the commission recommends the current NCAA process would remain in place
    • Complex cases: Commission recommends that the NCAA creates an entirely new process for investigating and deciding complex cases
      • Paid, Independent Decision Makers: Committee recommends to the NCAA that the Committee on Infractions will appoint a panel of paid independent decision makers (such as lawyers, judges and arbitrators) to resolve complex cases.
        1. The panel should operate under the rules of the American Arbitration Association
        2. The NCAA should adopt a rule that grants the panel the authority to grant preliminary injunctive relief (forbid or require certain action while case is being adjudicated.
        3. NCAA should have authority to impose consequences for failure to cooperate in investigations, including loss of the right to participate in post-season tournaments and other NCAA events and the loss of associated revenues.
      • Independent Investigative Office: the Commission recommends that the NCAA ensure professional investigation and prosecution of serious violations by one of two methods: (1) the independent adjudication panel creates a panel of outside counsel to investigate and advocate in complex cases; (2) the NCAA establishes a separate investigation and advocacy office, with rules guaranteeing independence
  1. Commission recommends the NCAA enacts and imposes core punishments with significant deterrent effect.
    • Increase competition penalties to allow for a 5 year post season ban.
    • Increase show cause to allow lifetime ban and increased penalties for any institution who hires an individual under a show-cause order.
    • Increase financial penalties for Level I violations to allow loss of all revenue sharing in post-season play, including the NCAA tournament, for the entire period of the ban.
  1. Commission recommends the NCAA establishes rules must require member institutions’ contracts with presidents, administrators and coaches provide for cooperation with NCAA investigations, financial disclosure, individual agreement to submission to NCAA enforcement proceedings, decisions, discipline, up to and including discharge.
  2. Commission recommends the NCAA enacts a rule requiring college presidents, athletic department directors and coaches to certify annually that they have conducted due diligence and that their athletic programs comply with NCAA rules.
  3. Commission recommends the NCAA rules must allow NCAA to address all academic fraud and cheating to the extent it is used to corrupt athletic eligibility
  4. Commission recommends the NCAA must enact rules to ensure that agents who participate in rules violations are punished (lose certification and be banned from NCAA certified non-scholastic events)
  5. Commission recommends that NCAA and member institutions must enhance resources of student-assistance funds. Funds shall be used for additional purposes such as assistant parents and families with travel to games.

Non-Scholastic Basketball

  1. Commission recommends the NCAA must enhance requirements for non-scholastic basketball event certification.
    • For NCAA to certify non-scholastic basketball event, the owners, event operators, sponsors and coaches for the event must agree to financial transparency about all events they run including those that are not certified by the NCAA
    • NCAA shall enforce limits on the paid travel and other benefits associated with events and require commercially standard charges for admission and programs.
    • Certification shall specifically state that NCAA enforcement personnel have unfettered access to any event, including physical access and ability to inspect all financial documentation.
  2. Commission recommends to the NCAA that boards and leadership of apparel companies need to make a commitment to transparency and accountability for the expenditure of company funds in college and non-scholastic basketball.
  3. Commission recommends to the NCAA that stakeholders must provide appropriate resources for the earlier development of pr-collegiate, youth basketball.
    1. Youth basketball players be identified and developed at three levels:
      • Players with National Team potential
      • Players with highest collegiate potential
      • Players with collegiate potential
    2. Same reccommendations for WNBA and WNBPA
  1. Commission recommends that the NCAA will change rules with respect to recruiting and coaches’ interactions with recruits.
    • Summer recruiting calendar should be modified to allow college coaches to attend two weekends of scholastic sponsored events in June and three weekends of NCAA sponsored events in July.
    • Once NCAA sponsored events are established, coaches should be limited to recruiting at those events during that time.
    • Official visits should be permitted to begin during the summer between a prospect’s sophomore and junior years.
    • The rules should permit five official visits before completion of the junior year and five additional visits during the senior year (limited to one visit per institution per year)
    • Coaches should be permitted to provide more than two hours of skill instruction per week.
    • Video operators and other staff be permitted to coach teams.

Board of Governors

  1. Commisssion recommends to NCAA to restructure its Board of Governors to include at least 5 public members with experience, stature and objectivity to assist the NCAA in re-establishing itself as an effective and respected leader and regulator of college sports. At least one of those public members shall also be a member of the NCAA Executive Board.

We will be adding additional blogs throughout the upcoming weeks to address these changes in further detail and the effects it could have on your institution.  Please follow our twitter @cchacollegiate for updates as well.  

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