Athletics Compliance: Employment of Student-Athletes

Table of Contents

• Permissible Employment Periods

• Procedures Regarding Vacation Employment

Criteria Governing Compensation

• Compensation Paid to Student-Athletes

• Compensation Based on Fame or Athletics Ability

• Employment on a Commission Basis

• Transportation to Job Site

Athletically Related Employment Activities

• Student-Athlete Providing Fee-For-Lesson Instruction

• Broken-Time Payments

• Student-Athlete Participating in Athletics Equipment Sales

• Student-Athlete Receiving Good-Will Commissions

• Student-Athlete Working Camps or Clinics

  • Student-Athlete Running His/her Own Camp

  • Provisions of Travel Expenses to All Camp Employees

  • Student-Athlete - Cash Advances Based on Camp Earnings

  • Restrictions for Division I Football Student-Athletes

Permissible Employment Periods

Official Institutional Vacation Periods:

• Thanksgiving Holiday

• Christmas Holiday
  Student-athletes may obtain a job starting seven days prior to Christmas holidays if the seven days are required for obtaining the job.

• Spring Break Holiday

• Institutional Summer Months
  Beginning the day after the last day for the student's final exams.
  Ending the day prior to the first day of fall classes.

• During the Academic Year (while classes are in session)
  Employment during any part of the academic year must have the approval of the athletic department prior to the beginning of any such employment.
  [TOP]

Procedures Regarding Vacation Employment

1. Notify Keith Davidson (713-313-7690) in the University Compliance Office of any job opportunities prior to starting employment.

2. Employers will receive materials regarding NCAA employment legislation.

3. Athletes will be asked to complete information relating to employment at the beginning of the fall and spring semesters and following the spring break.

4. Employers will be asked to complete information regarding your employment.

5. Athletic Compliance personnel will occasionally spot check employment sites.
   [TOP]

Criteria Governing Compensation to Student-Athletes

• only for work actually performed, and

• at a rate commensurate with the going rate in that locality for similar services.
  [TOP]

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.

[TOP]

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:

• the cost of any preliminary training program for such employees is borne by the student-athlete (i.e., such costs may not be paid by a member institution or a representative of its athletics interests);

• the personnel so employed consist of both student-athletes and nonathletes;

• the employment of student-athletes does not result in the company's use of athletics reputations of such individuals to promote the sale of the company's products, and

• the company is able to document that employees who are nonathletes receive earnings from sales commission at a rate generally equivalent to the commission rate realized by the student-athletes employed by the company.
  [TOP]

   

An employer or institution may not pay a student-athlete's transportation expenses to or from his or her vacation job, unless such expenses are paid for all employees in that situation.

[TOP]

    

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.

[TOP]

    

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.

[TOP]

   

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.

[TOP]

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.

[TOP]

   

A student-athlete who is employed in any sports camp or clinic must meet the following requirements:

• the student-athlete must perform duties that are of a general supervisory character and any coaching or officiating assignments shall represent not more that one-half of the student-athlete's work time, and

• compensation provided to the student-athlete shall be commensurate with the going rate for camp or clinic counselors of like teaching ability and camp or clinic experience and may not be paid on the basis of the value that the student-athlete may have for the employer because of the athletics reputation or fame the student-athlete has achieved. It is not permissible to establish varying levels of compensation for a student-athlete employed in a sports camp or clinic based on the level of athletics skills of the student-athlete.

• a student-athlete who only lectures or demonstrates at a camp/clinic may not receive compensation for his or her appearance at the camp/clinic.

   

A student-athlete with remaining eligibility is not permitted to conduct his or her own camp or clinic.

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.

    

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.

[TOP]

 

Division I Football Student-Athletes

• Employment in specialized camp - Athlete's institution.

Division I: No member of an institution's intercollegiate football squad who has eligibility remaining may be employed or otherwise participate in that institution's basketball or football camp.

• Employment in specialized camp - Other than athlete's institution.

Division I: A member of an institution's intercollegiate football squad who has eligibility remaining may be employed in any camp that specializes in the sport of football, other than his own institution's camp, PROVIDED not more than one football student-athlete from any one Division I institution is employed.

• Employment in diversified sports camp.

Division I: A member of an institution's intercollegiate football squad who has eligibility remaining may be employed as a counselor in any diversified camp, including a diversified camp conducted by the student-athlete's own institution, provided no more than one member with eligibility remaining of the previous year's football squad of any one Division I member institution is so employed.

[TOP]

Send comments and suggestions to TSU Compliance Officer

 

Compliance Home Don’t Bet on It Compliance Tips Mission Statement Compliance:  Everyone’s Responsibility Fans, Friends, & Former Student- Athlete Info Current Student-Athlete Info Prospective Athlete Info New NCAA Initial Eligibility Info NCAA.org NCAA Certified Events New NCAA Legislation