Fresno State

NONPERMISSIBLE

Criteria Governing Compensation to Student-Athletes
COMPENSATION MAY BE PAID TO A STUDENT-ATHLETE:

COMPENSATION BASED ON FAME OR ATHLETICS ABILITY.
Compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of publicity, reputation, fame, or personal following that he or she has obtained because of athletics ability.

EMPLOYMENT ON A COMMISSION BASIS.
An employer other than the student-athlete's institution may employ a student-athlete on a commission basis only if:

Athletically Related Employment Activities
STUDENT-ATHLETE PROVIDING FEE-FOR-LESSON INSTRUCTION.
A student-athlete may not receive compensation for teaching or coaching sports skills or techniques in his or her sport on a fee-for-lesson basis. Fee for lesson employment is only permitted prior to enrollment in an NCAA member institution or through a sports club or organization. A STUDENT-ATHLETE CANNOT HIRE THEMSELVES OUT TO INDIVIDUALS TO TEACH LESSONS IN HIS OR HER SPORT.

BROKEN-TIME PAYMENTS.
An individual may not receive "broken-time" payments except as authorized and administered by the United States Olympic Committee during the period immediately preceding and including actual Olympic competition. A permitted broken-time payment may cover financial loss as a result of absence from employment to prepare for or participate in the Olympic Games. Such compensation during any other period and payments administered independently of the USOC by other sports governing bodies (e.g., the United States Ski Association) are prohibited.

BROKEN-TIME PAYMENTS WHEN INDIVIDUAL IS NOT ENROLLED IN REGULAR TERM.
An individual may receive broken-time payments administered by the United States Olympic Committee or the national governing body in the sport during a period when the individual is not enrolled (full or part time) in a regular term to cover financial loss as a result of absence from employment as a direct result of practicing and competing on a national team, provided the amounts are consistent with the principles set forth in the criteria governing compensation section and do not exceed $250 per week, and the payment period covers no more than the period from the date the individual begins practice with the national team following selection to that team to one week after the conclusion of the competition.

Definition of a national team. A national team is one selected, organized and sponsored by the appropriate Group A member of the United States Olympic Committee (or, for student-athletes representing another nation, the equivalent organization of that nation, or, for student-athletes competing in a non-Olympic sport, the equivalent organization of that sport). The selection for such a team shall be made on a national qualification basis, either through a defined selective process or by actual tryouts, publicly announced in advance. In addition, the international competition in question shall require that the entrants officially represent their respective nations, although it is not necessary to require team scoring by nation.

STUDENT-ATHLETE PARTICIPATING IN ATHLETICS EQUIPMENT SALES.
A student-athlete may not be employed to sell equipment related to the student-athlete's sport if his or her name, picture or athletics reputation is used to advertise or promote the product, the job or the employer. If the student-athlete's name, picture or athletics reputation is not used for advertising or promotion, the student-athlete may be employed in a legitimate sales position, provided he or she is reimbursed at an hourly rate or set salary in the same manner as any nonathlete salesperson.

STUDENT-ATHLETE RECEIVING GOOD-WILL TOUR COMMISSIONS.
A student-athlete representing the institution in a good-will tour during summer months, in conjunction with the tour, may sell such items as jackets, blazers or similar institutional promotional items to booster groups or other friends of the institution on a salary, but not a commission, basis.

WORKING AT SPORTS CAMPS OR CLINICS.
A student-athlete who is employed in any sports camp or clinic must meet the following requirements:

PROVISION OF TRAVEL EXPENSES TO ALL EMPLOYEES.
A student-athlete may receive actual travel expenses (including lodging and meals in transit and prepaid plane tickets or cash advances) ONLY if such travel expenses are paid and procedures for reimbursement of expenses are used for all employees of the camp/clinic. Credit cards may not be provided to a student-athlete to pay such expenses.

STUDENT-ATHLETES RECEIVING CASH ADVANCES BASED ON ANTICIPATED EARNINGS.
In the case where all employees do not receive travel expenses, a cash advance based on anticipated earnings may be provided to a student-athlete only if such advance does not exceed the estimated actual and necessary cost of travel or the student-athlete's estimated employment earnings, whichever is less, and such a benefit is available to all camp employees.

RECEIVING TRANSPORTATION FROM COACH OR REPRESENTATIVE OF ATHLETICS INTERESTS.
Actual transportation from an institution's coach or representative of its athletics interests may be provided to a student-athlete only if travel expenses are paid for all employees of the camp/clinic.

DIVISION I FOOTBALL STUDENT-ATHLETES

MEN'S AND WOMEN'S BASKETBALL:
Competition on an outside team may only occur between June 15th and August 31st and only in NCAA-approved summer leagues. A team shall include on its roster no more than one player with intercollegiate basketball eligibility remaining from any one college and Division I and II players must limit their competition to one team in one league. The summer league must be within 100 air miles of Fresno State or within 100 air miles of your official residence at the end of the academic year. Each student-athlete must consult his/her coach prior to and must have the prior, written approval of the athletic director prior to participating in any summer league.
A student-athlete who participates in any organized outside basketball competition except while representing the institution in intercollegiate competition or in an NCAA approved summer league will be ineligible for any further intercollegiate competition in the sport of basketball.

SOCCER:
No more than FIVE players from the Fresno State team may play on the same outside soccer team. Competition on an outside amateur soccer team may only occur during the summer months or during vacation periods which are outside of Fresno State's declared playing and practice season. Competition on an outside team during any other part of the academic year will render you ineligible for the remainder of that academic year and the following academic year.

ALL OTHER SPORTS:
Limitations on the number of student-athletes only apply to representing an outside team during the academic year vacation periods which are outside the declared playing and practice season. Competition on an outside amateur team may only occur during the summer months or during vacation periods which are outside of Fresno State's declared playing and practice season for your sport. Competition on an outside team during any other part of the academic year will render you ineligible for the remainder of that academic year and the following academic year.

Case Studies.
(NOTE: The following situations assume that if the event requires a participant to indicate whether he or she will participate as an amateur or professional, the individual indicates that he or she will compete as an amateur.)

Situation: An individual participates in a competitive event (e.g., tennis tournament, track meet) sponsored by a nonprofessional organization in which prize money will be awarded to participants based on their place finish in the event. The individual participates in the event for three days and receives $3,000 cash based on his or her place finish in the event.
Question: Has the individual jeopardized his or her athletics eligibility for NCAA competition in the applicable sport?
Answer: Yes. The individual has accepted pay in the form of a cash award for participating in the competition and, thus, would not be eligible (subject to restoration) to compete in intercollegiate competition in the applicable sport.

Situation: An individual participates in a competitive event (e.g., tennis tournament, track meet) sponsored by a nonprofessional organization in which prize money will be awarded to participants based on their place finish in the event. The individual remains in the event for five days and qualifies for $500 cash based on his or her place finish in the event. Because the individual's actual and necessary expenses (i.e., travel, room and board) are $750, the nonprofessional organization sponsoring the competition allows the individual to keep the $500 in prize money to help defray some of his or her actual and necessary expenses.
Question: Has the individual jeopardized his or her eligibility in the applicable sport? Answer: Yes. The individual has accepted pay in the form of a cash award based on his or her athletics skill in the applicable sport. Although the individual's prize money does not exceed his or her actual and necessary expenses, because the payment was conditioned on the individual's place finish in the event, the individual no longer would be eligible (subject to restoration) to participate in intercollegiate competition in the applicable sport.

Situation: An individual participates in a competitive event (e.g., tennis tournament, track meet) in which a nonprofessional organization sponsoring the competition provides prize money to participants based on their place finish in the event. The individual participates in the event for three days and, based on his or her place finish, earns $1,000 in prize money. The individual's actual and necessary expenses are $300. Because the individual's prize money earnings based on place finish exceed his or her actual and necessary expenses, the sponsor of the competition allows the individual to keep $300 of the prize money to cover his or her actual and necessary expenses.
Question: Has the individual jeopardized his or her eligibility for intercollegiate competition in the applicable sport?
Answer: Yes. The individual has accepted pay in the form of a cash award based on his or her athletics skill in the applicable sport. Although the individual's actual and necessary expenses do not exceed the amount of the individual's prize money based on place finish, the actual and necessary expenses are conditioned on the individual's place finish and are provided to the individual out of his or prize earnings. Thus, the individual would not be eligible (subject to restoration) for intercollegiate competition in the applicable sport.

Situation: An individual participates in a competitive event (e.g., tennis tournament, track meet) sponsored by a nonprofessional organization in which prize money is awarded to participants based on their place finish in the event. The individual participates in the event for the entire week and earns $5,000 in prize money based on his or her place finish in the event. The sponsor agrees to hold the individual's earnings in escrow until such time as the individual has completed his or her intercollegiate athletics eligibility in the applicable sport. The individual agrees to accept such earnings subsequent to exhausting eligibility in the applicable sport.
Question: Has the individual jeopardized his or her eligibility for intercollegiate competition in the particular sport?
Answer: Yes. The individual has accepted a promise of a cash award based on his or her place finish in the event to be received following completion of the individual's intercollegiate athletics participation. Thus, the individual would not be eligible (subject to restoration) for intercollegiate competition in the applicable sport.

Situation: An individual participates in a competitive event (e.g., tennis tournament, track meet) sponsored by a nonprofessional organization in which prize money is awarded to participants based on their place finish in the event. Prior to the competition, the nonprofessional sponsor has agreed to provide the individual's transportation to and from the event as well as $100 for each day the individual participates in the competitive event to cover the individual's meals and lodging (assume that the $100 a day is a reasonable amount to cover meals and lodging). The individual participates in the event for three days and could receive $1,000 based on his or her place finish in the event. The individual accepts the $300 (and transportation expenses to and from the event) and the return ticket home.
Question: Has the individual jeopardized eligibility for intercollegiate competition in the applicable sport?
Answer: No. The individual has not used his or her athletics skill for pay in any form in the applicable sport. The individual has received actual and necessary expenses from the nonprofessional sponsor of the competition, and such expenses were not conditioned in any manner on the individual's place finish or performance in the event. Thus, the individual remains eligible for intercollegiate competition in the applicable sport.

Situation: An individual participates in a competitive event (e.g., tennis tournament, track meet) sponsored by a nonprofessional organization in which prize money is awarded to the participants based on their place finish in the event. The nonprofessional sponsor has agreed to reserve a pool of funds to provide actual and necessary expenses to the amateur participants in the competition. The pool of funds will be based on the potential earnings based on the place finish of all the amateur participants in the event. In other words, if a participant decides not to accept the prize money based on place finish, the earnings will be retained by the nonprofessional organization sponsoring the event and will be placed in a pool to cover the actual and necessary expenses of amateur competitors. The sponsors agree to provide each amateur participating in the event a reasonable amount of expenses (e.g., $100 a day) to cover the individual's actual and necessary expenses while participating in the event. The individual participates in the event for four days and could receive $2,000 prize money based on his or performance in the event. The sponsor provides the individual with $400 and transportation to and from the event to cover his or her actual and necessary expenses.
Question: Has the individual jeopardized his or her eligibility for intercollegiate competition in the applicable sport?
Answer: No. The individual in question did not accept pay in the form of cash based on his or her place finish in the event. Such funds were retained by the nonprofessional sponsor of the competition to establish a pool in order to provide actual and necessary expenses to amateur participants. The individual received actual and necessary expenses from the sponsor that were not conditioned on the individual's place finish or performance in the event. Thus, the individual remains eligible for intercollegiate competition in the applicable sport.

As you can see from the above-mentioned situations, an individual jeopardizes his or her eligibility if the individual accepts pay in the form of cash that is based on or tied to the individual's place finish or performance in the competitive event, even if such earnings do not exceed the individual's actual and necessary expenses to participate in the tournament. Thus, nonprofessional sponsors of competitive events that wish to make funds available to cover the actual and necessary expenses of amateur participants in the event may do so provided the expenses are a uniform, reasonable amount to cover the participant's actual and necessary expenses and are not based in any manner on the individual's place finish or provided directly out of the individual's prize money earnings in the event. It is advisable for such an agreement to be included either in the application or entry form for the event or for some arrangement to be made with the individual prior to participation in the event. Thus, the individual will understand that he or she will be receiving a uniform, reasonable amount of funds to cover actual and necessary expenses for each day of participation in the event, regardless of how well he or she performs in that event. Such an arrangement will not jeopardize the individual's amateur status in the applicable sport.