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NCAA Rules and Wilcher

erlewein2013

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Jan 26, 2012
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Ok, so there have been a lot of questions asked on the NCAA rules with respect to current/former players at Cass Tech and how they would be impacted by the hiring of Wilcher to MSU. I am not a NCAA rules expert. Just a guy with a computer that can read. But I have grabbed the three relevant rules and added some highlights/bold areas to the content I think is important in deciphering the rules and potential impact. So here we go - warning, I don't know what I am talking about:

RULE 1:

13.02.20 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football. In bowl subdivision football, an individual associated with a prospective student-athlete is any person who maintains (or directs others to maintain) contact with the prospective student-athlete, the prospective student-athlete's family members, or coaches at any point during the prospective student-athlete's participation in football, and whose contact is directly or indirectly related to either the prospective student-athlete's athletic skills and abilities or the prospective student-athlete's recruitment by or enrollment in an NCAA institution. This definition includes, but is not limited to, family members, handlers, personal trainers and coaches. This definition does not include an individual who maintained (or directed others to maintain) contact with the prospective student-athlete, the prospective student-athlete's relatives or legal guardians, or coaches only while employed in the athletics department at a four-year institution. An individual who meets this definition retains such status during the enrollment of the prospective student-athlete at the institution. (Adopted: 4/26/17, Revised: 4/25/18, 3/3/21)

[MY SUMMARY - this outlines the definition of IAPSA (individual associated with a prospective student athlete) and who would fall under its definition - for our purposes, Wilcher would be the IAPSA]. It also seems pretty clear that he would be considered a IAPSA for all of his former players (at a minimum) and for any other prospects he would be deemed to have a relationship with that falls under the categories/language in this rule.


RULE 2:

11.4.4 Individual Associated with a Prospective Student-Athlete -- Bowl Subdivision Football. [FBS] In bowl subdivision football, during a two-year period before a prospective student-athlete's anticipated enrollment and a two-year period after the prospective student-athlete's actual enrollment, an institution shall not employ (either on a salaried or volunteer basis) or enter into a contract for future employment with an individual associated with the prospective student-athlete in any athletics department noncoaching staff position or in a strength and conditioning staff position. (Adopted: 4/26/17 a contract signed before 1/18/17 may be honored.)

[MY SUMMARY - so basically, MSU shall not employ someone meeting the definition in 13.02.20 (example: Wilcher) in a noncoaching position if there are student-athletes either within their first two years of enrollment at MSU or who could be enrolling at MSU in the next 2 years from the date of employment - so any player/prospect he meets the definition in 13.02.20 with who have and/or could enroll from a period of summer of 2019 through the summer of 2023].


RULE 3:

11.4.4.1 Application. [FBS] A violation of Bylaw 11.4.4 occurs if an individual associated with a prospective student-athlete (see Bylaw 13.02.20 - example: Wilcher) is employed by the institution and, at the time of employment, a student-athlete who enrolled at the institution in the previous two years (and remains enrolled at the institution) was a prospective student-athlete by which the individual meets the definition of an individual associated with a prospective student-athlete. A violation of Bylaw 11.4.4 also occurs if an individual associated with a prospective student-athlete is employed and, within two years after such employment, a prospective student-athlete by which the individual meets the definition of an individual associated with a prospective student- athlete (so the focus here is on players that have a relationship with Wilcher to the extent that he meets the definition in 13.02.20 as is relates to them) enrolls as a full-time student in a regular academic term at the institution. In either case, the student-athlete becomes ineligible for intercollegiate competition unless eligibility is restored by the Committee on Student-Athlete Reinstatement. (Adopted: 4/26/17)


[MY SUMMARY - so a violation occurs in two instances: 1) IF, at the time of employment, a player that Wilcher is deemed to be a IAPSA of is on the MSU roster and enrolled within the two year time period before the employment began; and 2) IF a player that Wilcher is deemed to be a IAPSA of enrolls at MSU within two years after employment begins. This would cover transfers and recruiting really for any player that Wilcher meets the criteria for being a IAPSA with that haven't been enrolled at their current school for more than two years and those that could enroll (including the ones that haven't been at their school for those two years) between now and June of 2023. The focus is on the players specifically - and on those players Wilcher had a relationship with that would make him considered a IAPSA of that individual.

The KEY here is the ending portion. The penalty in either case is that the player becomes ineligible...unless eligibility is restored by the Committee on Student-Athlete Reinstatement
.

Full disclosure - I have no idea what sort of standards/criteria would need to be met to restore eligibility. I have no idea if it can be shown that the IAPSA had no role/impact on a decision to enroll at MSU. Maybe this is something that can be cleared with the NCAA before the hiring takes place - think of it as similar to a non-compete where certain companies that would meet the definition are carved out or excluded from the impact of the rule/language in the non-compete for certain reasons.

I do know in my former life I did draft letters to NCAA/school compliance departments outlining situations where someone in the player's life was doing something that could jeopardize eligibility that the player had no part in (and couldn't control)...and often the compliance department and the school would work together to review the facts and "clear" or render a decision on the player. They often wanted evidence/affidavits, etc., but there was an avenue there - again, I don't know if that is how it works with this rule.


But a pretty clear reading of those rules seems to indicate that MSU cannot recruit any Cass Tech players (including those former players on other schools' rosters who haven't been there for two years) who would want to enroll at MSU in the next two years (June of 2023). Unless there is a way to have eligibility restored/cleared by the Committee on Student Athlete Reinstatement.

Interestingly, I did find the following University of Georgia compliance intake sheet addressing IAPSA's that makes the candidate disclose the list of players and has a series of questions clearly focused on identifying whether there are players that would be excluded based on the rules above (it looks like the UGA coach has to sign at the bottom, acknowledging that a player's eligibility could be impacted by hiring the IAPSA).

https://compliance.sports.uga.edu/wp-content/uploads/2012/08/Football-Staff-Employment-IAWP-.pdf
 
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