Date Published: November 20, 2009
NCAA Division I institutions should note that in accordance with NCAA Bylaws 17.1.6.2.2, 17.1.6.2.3 and 17.3.3.1-(a), an institution may not publicize skill-related instruction that occurs outside the playing season in all sports other than football, or informal practice scrimmages in basketball. Also, an institution may not conduct skill-related instruction sessions in view of a general public audience. Informal practice scrimmages in basketball must be held in complete privacy.
The following questions and answers are designed to assist member institutions in applying the legislation regarding the viewing of skill-related instruction that is permissible outside the playing season in all sports other than football and informal practice scrimmages in basketball:
1. Question: May prospective student-athletes view skill-related instruction while on official or unofficial visits?
Answer: Yes, it is permissible for a prospective student-athlete to view skill-related instruction during official or unofficial visits, provided the skill-instruction has not been publicized and is not held in view of a general public audience.
2. Question: May individuals accompanying prospective student-athletes on official or unofficial visits (e.g., parent, sibling, coach) view skill-related instruction?
Answer: Yes, it is permissible for individuals accompanying prospective student-athletes on official or unofficial visits to view skill-related instruction, provided the skill-instruction has not been publicized and is not held in view of a general public audience.
3. Question: May an institution invite individuals (e.g., boosters, high school coaches) to watch a team's skill-related instruction or in basketball, an informal practice scrimmage?
Answer: No, if an institution were to invite an individual or individuals to a skill-related instruction session or an informal practice scrimmage it would be considered publicizing the activity, which is prohibited by the legislation.
4. Question: May a member of the general public walk into a facility and watch skill-related instruction?
Answer: Yes, a member of the general public could walk into a facility where a team is involved in skill-related instruction on his or her own without the instruction being considered in view of a general public audience. However, an institution could not arrange to conduct skill-related instruction in a facility or at a time in which the institution had reason to believe that the skill instruction session would be conducted in view of a general public audience. For example, it would not be permissible for an institution to conduct skill instruction for its basketball team on the football field immediately following a home football game. This situation would constitute conducting skill-related instruction in view of a general public audience.
5. Question: May prospective student-athletes in basketball view an informal practice scrimmage while on official or unofficial visits?
Answer: Basketball prospective student-athletes (and those individuals accompanying the prospective student-athlete) are permitted to view informal practice scrimmages while on an official visit. However, prospective student-athletes (and those individuals accompanying the prospective student-athlete) are not permitted to view an informal practice scrimmage in basketball during an unofficial visit.
6. Question: What is the difference between the standards of "conducted in privacy" and "conducted in view of a general public audience"?
Answer: Informal practice scrimmages in basketball must be conducted in privacy. To satisfy this standard, an institution must ensure that no one from the general public can view the scrimmages. The facility where the scrimmage is occurring must be closed to the general public and the department of athletics must keep anyone from the general public from entering the gym. Further, the legislation specifically requires an institution to ensure that no one other than department of athletics staff members and those individuals necessary to conduct the practice scrimmage are present.
In contrast, the legislation regulating skill-related instruction specifies that skill related instruction sessions shall not be conducted in view of a general public audience. The intent of the legislation is to prohibit institutions from creating special activities or events in conjunction with skill-instruction sessions as a way of creating the appearance of full-fledged practice outside of the playing season or creating a celebrity atmosphere during prospective student-athletes' campus visits.
The legislation does not require complete privacy during skill-related instruction; however, it requires that institutions do not schedule or conduct the sessions in a way in which they become spectator events.
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