COMPLIANCE TIP OF THE WEEK: Case Study – Implied Endorsement

The following violation was committed by an NCAA institution and can be a useful in providing education to us all.

FACTS OF THE CASE

Sport Involved: Volleyball

Bylaws Involved: 12.5.2.1.2; 12.5.1; 12.5.1.1; 12.5.2.4

The marketing department created recorded segments of student-athletes answering questions in a "Get To Know Your Student-Athletes” promotion. During a media segment broadcast on the video board during the break of the first home volleyball game, five of the six starting volleyball student-athletes responded to a question about their favorite local restaurant. The student-athletes used the specific name of local businesses to answer the question and were wearing their jerseys. Further compounding the problem is that the marketing department added a logo of the restaurant to the video. The Compliance staff had conducted rules education for student-athletes and the marketing staff regarding the promotion of commercial products and services and approved other video segments to be used on game days. However, the marketing staff added the new segment without the knowledge or approval of the compliance staff. The violation resulted in ineligibility for the student-athletes involved and required reinstatement from the NCAA.

EDUCATION

The bylaws related to endorsement and amateurism are easily the greyest in the book, and all institutions are encouraged to educate their student-athletes and their marketing staff about the concept of “implied endorsement.” Institutions should review the applicable bylaws and be cautious when creating “Get To Know You” activities in which a student-athlete’s answer to an innocuous question could lead to an inadvertent violation. Further, it is recommended that institution’s install a “compliance filter” to all of the departments involved in the promotion of athletics (marketing, sports information, etc.) to ensure similar violations do not occur

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Laurel Hanson, Director of Compliance

The University of Montana

Department of Intercollegiate Athletics

(406) 243-5729 (Phone)