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Compliance Question of the Week

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General 2/8/2006 12:00:00 AM

Rules regarding institutional note cards that contain pre-printed greetings such as Happy Holidays, Happy Birthday, etc.:

Q. What is the general rule on greeting cards?

A. In general and consistent with NCAA Bylaw 13.4.1, it is not permissible to send greeting cards to a prospective student-athlete, prospects' coaches, prospects' parents, or other persons responsible for leading activities in which prospects are involved.

Q. Is it permissible to pre-print a greeting (e.g., Merry Christmas, Happy Birthday, Happy Mother's Day, etc.) on the institution's normal note card?

A. Yes, this would be permissible provided the note card is considered to be a normal institutional note card as determined by institutional policy.

Q. What is an institution's normal note card?

A. Generally speaking, we associate institutional note cards as items that are produced or bought by the institution along with other stationary items which are used to send correspondence from the institution. Such note cards are known to be produced or purchased in mass quantities and should be considered a "normal" institutional note card(s) as determined by institutional policy.

Q. May the pre-printed greeting be commercially (outside of the institution) produced?

A. No. An institutional note card with a pre-printed greeting may only be printed by the institution, including institutional printing services. Here's a good rule of thumb that was shared by one of our schools:

Institutionally created and printed = permissible note card to send to prospects, etc. no matter what the contents are

Externally created or printed (in part or in full) + printed greeting (e.g., season's greetings) = not permissible to send to prospects, etc. because it constitutes an externally produced greeting card, as opposed to a blank institutional note card that had a greeting printed on it by the institution.

Q. May the normal institutional note card include color pictures or other graphic effects (e.g., adding snowflakes or Santa caps)?

A. Yes, but again, provided such enhancements to the appearance of the institutional note card are institutionally created and printed.

Q. What interpretive reference did the NCAA membership services staff use?

A. October 2004 Division I Educational Column -- NCAA Bylaw 13.4 -- Recruiting Materials

NCAA Division I institutions should note that in accordance with NCAA Bylaw 13.4.1, in sports other than men's basketball, a member institution may not provide recruiting materials to a prospect (including general correspondence related to athletics) until September 1, at the beginning of the prospect's junior year in high school. In men's basketball, an institution may not provide recruiting materials to a prospect (including general correspondence related to athletics) until the conclusion of the prospect's sophomore year in high school. Institutions are permitted to provide only the printed materials listed in Bylaw 13.4.1 to prospects, coaches of prospects or any other individual responsible for teaching or directing an activity in which a prospect is involved. During its September 1 telephone conference, the NCAA Legislative Review and Interpretations Committee confirmed that recruiting material (other than the National Letter of Intent or other written admissions and/or financial aid commitment to attend the institution) may only be sent to prospects, coaches of prospects and any other individuals responsible for teaching or directing an activity in which a prospect is involved, who resides in the fifty United States, by first-class mail or a lesser rate service (e.g., parcel post) and with no extra services (e.g., certified mail, delivery confirmation). The committee noted that pursuant to the United States Postal Service guidelines for letters and small packages weighing over a specified amount, priority mail is equivalent to first-class mail.

General correspondence, including letters and postcards issued by the U.S. postal service (i.e., blank cards) and institutional note cards may be sent to a prospect only by mail. Attachments to general correspondence may include materials printed on plain white paper with black ink. NCAA legislation does not place any restrictions on institutional stationery. Thus, an institution may send general correspondence to a prospect on institutional stationery or institutional note cards that include color pictures of the institution's athletics department personnel or enrolled student-athletes and other color graphics or effects. Bylaw 13.4.1-(a), however, makes a distinction between post cards and institutional note cards. While restrictions do not exist for institutional note cards, any post card sent to a prospective student-athlete must be a post card issued by the U.S. postal service (as opposed to post cards produced by any other entity, including a member institution).

An institution is not permitted to provide prospects with any recruiting materials not listed in Bylaw 13.4.1. However, the legislation does not prohibit institutions from showing (without providing) other material (e.g., photographs, original newspaper or magazine articles, information about the community) to prospects during permissible in-person recruiting contacts, as long as those materials are not compiled into an organized format, such as a portfolio or scrapbook and the like. [See Bylaw 13.4.1-(h).] In addition, it is not permissible for members of an institution's coaching staff to show prospects computer recruiting presentations (e.g., using presentation software) during the recruiting process. The legislation and interpretations do not preclude, however, an institution's coaching staff from showing a prospect, during a permissible in-person recruiting contact, general information that is available on the institution's Web site, although it is not permissible for an institution to include a recruiting presentation on its Web site. Further, pursuant to Bylaw 13.4.1-(h), it is permissible to provide or show a media guide (which may be in an electronic format) to prospects. It would not be permissible, however, to alter a media guide (printed or electronic) in any way and provide or show it to prospects inasmuch as the altered guide would be considered an additional publication.

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