7/16/76

1/23/78

Court granted NCAA's motion for summary judgment holding that the interest of student-athletes in participating in intercollegiate sports was not constitutionally protected, and that no constitutionally protected right of the university had been violated.

Court of Appeals affirmed the lower court in all respects.

TO:

Directors of Athletics at NCAA Ice Hockey-Playing Institutions. SUBJECT: Eligibility of Student-Athletes for the Sport of Ice Hockey.

The Association has been involved in litigation in the Federal District Court in Boston involving the Association's professional rulings as they relate to the eligibility of student-athletes who have participated on outside teams in the sport of ice hockey. Among other things, it is alleged in this case that there are numerous student-athletes enrolled in NCAA ice hockey-playing institutions who are ineligible under NCAA professional rulings, but such rulings have not been applied to these student-athletes.

Accordingly, the NCAA Officers have directed this office to request member institutions to have student-athletes competing in íntercollegiate ice hockey during the 1974-75 academic year complete the enclosed questionnaire. This request is being made in accordance with the provisions of NCAA Bylaw 7-5-(d).

The enclosed questionnaire, copies of which may be reproduced by the institution, should be administered individually to each student-athlete participating in the sport of ice hockey during the 1974-75 academic year by the institution's director of athletics in the presence of the head hockey coach. The director of athletics should explain each item of the questionnaire as well as the Association's professional rulings set forth in Constitution 3-1, its subparagraphs and official interpretations (particularly 0.I.s 5 and 6). Please note that the questionnaire should be completed by all student-athletes whether they participated on an outside intercollegiate ice hockey team in the United States or a foreign country.

MEMORANDUM

September 27, 1974
Page No. 2

Each questionnaire signed by the student-athlete, head hockey coach and director of athletics should be forwarded to the NCAA executive office at your earliest opportunity and not later than the first game of your institution's 1974 intercollegiate ice hockey season. Early submission of the questionnaires to the NCAA will facilitate any resultant eligibility appeals for restoration of eligibility for any student-athletes who may be affected by the Association's professional rulings.

Please note that should any of the information developed indicate a student-athlete is ineligible under the Association's professional rulings, the institution, in fulfilling its conditions and obligations of membership under the provisions of Constitution 4-2-(a), should apply the legislation to the eligibility of the student-athlete. Thereafter, the institution may, if it so desires, appeal for restoration of the individual's eligibility to the NCAA Council or a subcommittee acting for it. Such an appeal should include a description of the basis for the ineligibility, a statement that the institution has applied the rule and the reason(s) the institution believes the student-athlete's eligibility should be restored. The opportunity to appeal after application of the rules in question is outlined in Official Interpretation 20.

If any questions arise concerning the enclosed questionnaire or the obligation of the institution's director of athletics to administer the questionnaire to each student-athlete, please do not hesitate to contact this office.

1974-75 NCAA MANUAL

Constitution 3-1-(c)

Page 7

Constitution 3-1-(e)-OL

represented by an agent or an organization in the marketing of his athletic ability or reputation no longer shall be eligible for intercollegiate athletics; however, a student-athlete may secure advice from a lawyer concerning a professional sports contract without violation of this provision provided the lawyer does not represent the student-athlete in negotiation of the contract. Any individual, agency or organization representing a prospective student-athlete for compensation in placing the prospect in a collegiate institution as a recipient of athletically related financial aid shall be considered an agent or organization marketing the athletic ability or reputation of the individual. (Revised: 1/9/74)

3-1 d) A student-athlete may participate as an individual or as

member of a team against professional athletes, but he may not participate on a team in his sport known to him, or which reasonably should have been known to him, to be a professional team in that. sport. (Revised: 1/9/74)

OL 4 (a) A professional team shall be any team which is a member of or affiliated with a recognized professional sports organization or any organized team on which there is an athlete receiving payment of any kind (other than actual and necessary expenses for game trips) for his participation.

(b) Student-athletes may compete on tennis or golf teams with individuals who are competing for cash or a comparable prize, provided the student does not receive payment of any kind for his participation.

OLA student-athlete may have played ice hockey on a team in a foreign country prior to his matriculation at a member institution, provided that any student-athlete who has been a member of any ice hockey team in a foreign country shall be ineligible if he has received, directly or indirectly, from a hockey team any salary, division or split of surplus, educational expenses, or has received payment for any expenses in excess of actual and necessary travel expenses on team trips, a reasonable allowance for one meal for each practice and home game and actual and necessary travel expenses to practice and home games. No student-athlete shall represent his institution in ice hockey unless there is on file in the office of the director of athletics an affidavit in form prescribed by this Association signed by the student-athlete stating his compliance with this provision. (The prescribed affidavit form is printed on pages 29-30.)

O.L. 6. Any student-athlete who has participated as a member of the Canadian Amateur Hockey Association's major junior A hockey classification shall not be eligible for intercollegiate hockey.

(e) Subsequent to becoming a student athlete (per OL 100), an Individual shall not accept any remuneration for or permit the use of his name or picture to directly advertise, recommend or promote the sale or use of a commercial product or service of any kind, and he shall not receive remuneration for endorsing a commercial product or service through his use of such product or service. (Revised: 8/1/72 1/9/74)

OL. 7. If a student-athlete's appearance on radio or television is related in any way to his athletic ability or prestige,

TO: Faculty Athletic Representatives and Directors of Athletics of
NCAA Member Institutions.

SUBJECT:

Revised and Clarified Official Interpretations of NCAA Constitution 3-1.

During its October 21-23, 1974, meeting, the NCAA Council considered a report from its Special Committee on Professional Rulings which recommended clarification and, in some instances, revision of official interpretations concerning NCAA rules of amateurism principally to eliminate any possible distinctions in their application to aliens and United States citizens and to preclude possible inappropriate application of NCAA amateur rulings, without jeopardizing the Association's basic principles of amateurism, to athletes who have participated on teams sponsored or administered by outside amateur organizations. These recommendations were adopted by the Council as official interpretations and considered to be of sufficient significance to warrant immediate circulation to the Association's membership and application to the eligibility of student-athletes now enrolled in member institutions.

The official interpretations adopted by the Council under the provisions of Constitution 6-2 are listed below following the Constitutional provision each one interprets. These official interpretations are not numbered, but will be appropriately identified, submitted for review by the Association's 69th annual Convention (January 1975) and included, where necessary, in the 1975-76 NCAA MANUAL. You will note that the official interpretations found in paragraphs 1, 4 and 5 represent revisions of previous interpretations, whereas paragraphs 2 and 3 are clarifying interpretations which have been inherent in the practical application of the Constitutional provisions each interprets. Your attention is especially directed to paragraphs 4 and 5 which represent a significant revision of Official Interpretations 4, 5 and 6 of Constitution 3-1-(d) found on page 7, 1974-75 NCAA MANUAL.