Fundraising

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Division III Fundraising
Jeff Myers Associate Director of Academic and
Membership Affairs
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Overview

• Institutional fundraising.
• 2. Student-athlete fundraising for
  noninstitutional activities.

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Two Part Analysis

• 1. Analyze the activity and
• 2. Follow the funds.

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What is fundraising?
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Potential Problems

• Amateurism violations (Bylaw 12)
• Recruiting violations (Bylaw 13)
• Eligibility ramifications (Bylaw 14)
• Financial Aid violations (Bylaw 15)
• Extra benefit violations (Bylaw 16)
• Playing seasons violations (Bylaw 17)

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Institutional Fundraising

• Analyze the
• Activity.

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Questions

• Are student-athletes involved in the activity?
• When does the activity occur?
• What is the role of the student-athletes in the
  activity?
• Are prospective student-athletes involved in the
  activity?

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• Are student-athletes
• involved
• in the activity?

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• When does the activity occur?
• Why do we care?
• (Bylaw 17 implications)

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• Fundraising activities - not involving the use of
  athletics ability by student-athletes are not an
  athletically related activity.
• Bylaw 17.02.1.1.1(b)

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Examples

• Involving the use of athletics ability.
• Swim-a-thons
• Lift-a-thons and
• Shooting free throws for pledges, etc.
• Not involving the use of athletics ability.
• Working a concession stand and
• Selling coupon books, etc.

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Summarize

• Involves athletics ability.
• In season permissible if not done on day off.
• Out of season not permissible.

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Exceptions

• Bylaw 17 limitations do not apply if not for
  institution and no athletics staff involvement.
  

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• What is the role of the
• student-athletes
• in the activity?

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Bylaw 12.5 Analysis

• Written approval from institution's chancellor or
  president (or designee).
• Limited by Bylaw 17 regulations.
• And

16

• All monies derived must go to school or
  nonprofit, charitable or educational agency.
• Student cannot be used to promote commercial
  ventures.
• Student may receive expenses.

17

• Activity does not involve co-sponsorship,
  advertisements or promotion by a commercial
  agency except
• Explanation of the relationship
• 25 rule and
• No alcohol, tobacco, performance enhancing drugs
  or gambling.

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• What is co-sponsorship?
• Advertises the presence of student-athletes or
• Involved in promoting the activity.
• (Bylaw 12.5.1.1.1)

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The Golf Outing
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The Golf Outing

• Are student-athletes involved in the activity?
• When does the activity occur?
• What is the role of the student-athletes in the
  activity?
• Are prospective student-athletes involved in the
  activity?

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Additional LimitationsBylaw 12.5
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Commercial Advertisement

• Student-athlete's name or picture may appear in
  an advertisement if certain conditions are met

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Commercial Advertisement

• Some of the conditions include
• Primary purpose of advertisement is
  congratulatory.
• No reproduction of product only name and/or
  trademark.
• No indication student-athlete endorses.
• No remuneration to student-athlete for
  participation.

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Schedule Cards

• If using student-athlete's name or picture and a
  sponsor's advertisement
• On the same page - 25 rule.
• On a different page - its ok.

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Logos

• Permitted if
• Normal logo as it appears on its equipment.
• Logo on apparel cannot exceed 2 ¼ inches in area.
• Just one manufacturer.

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• Are prospective student-athletes involved in the
  activity?
• If the answer is Yes
• Must comply with either Bylaw 13.11 or 13.12
• (Bylaw 13 concerns)

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Follow the Funds

• Who gives
• the funds
• and where do
• the funds
• go?

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Who Gives the Funds

• Professional sports organization.
• Other organizations.

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Professional Sports Organizations

• May not serve as a financial sponsor of
  intercollegiate competition.
• May donate funds and memorabilia subject to
  restrictions.

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Professional Sports Organizations

• May also
• Compete against a professional team.
• Receive funds if there is a formal agreement and
  cut is similar to other agreements.
• Promote and host a contest between professional
  teams as fundraising activity.

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Other Organizations

• Generally acceptable but
• Institution may not accept funds if
• Based on place of finish of student-athletes or
• Based on number of student athletes representing
  the institution.

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Other Organizations

• However, the institution may accept funds if
• Based on teams national or regional ranking or
• Based on individual or teams academic
  performance.

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Where can the funds go?

• Funds from professional sports organizations.
• General fund and used for purposes other than
  athletics.
• General scholarship fund and comingled with funds
  for assistance of all students.
• Memorabilia from professional sports
  organizations.
• Institutional or departmental fundraising.

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Minor League Baseball Game

• Institution has scheduled an exhibition against
  the local minor league baseball team. The
  baseball players are required to sell tickets to
  the game. Is this a permissible scenario?

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Minor League Baseball Game

• Are student-athletes involved in the activity?
• When does the activity occur?
• What is the role of the student-athletes in the
  activity?
• Are prospective student-athletes involved in the
  activity?

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Minor League Baseball Game

• Following the Funds.
• Must have formal agreement for share of receipts
  and
• Agreement is consistent with other similar
  agreements.

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Where can the funds go?

• Student-athletes?
• (Bylaw 16
  concerns)

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Foreign Tour

• The soccer team is selling coupons books to raise
  money for its foreign trip in the summer.

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Where can the funds go?

• Financial Aid.
• Endowments
• No preference language.
• March 24, 2008, Official Interpretation and
• Bylaw 15.01.5.
• (Bylaw 15
  concerns)

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Where can the funds go?

• Cannot go where otherwise could not put it.
• Examples.
• High School athletics programs and
• Recruiting if not done by the athletics staff.

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Renting Facilities

• Local high school wants to rent a gym for Friday
  night basketball games. The institution wants to
  charge the high school a percentage of the ticket
  revenue. Is this permissible?

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Renting Facilities

• Are student-athletes involved in the activity?
• When does the activity occur?
• What is the role of the student-athletes in the
  activity?
• Are prospective student-athletes involved in the
  activity?

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Renting Facilities

• Following the funds - no benefits to high school
  athletics program.
• Is the agreement consistent?
• Institutional analysis.

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Student-athlete Fundraising for Noninstitutional
Activities
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Student-Athlete

• Fundraising for club team.
• Analyzing the activity- amateurism rules still
  apply.
• Follow the funds
• Cannot be from booster or institution.
• Cannot be earmarked.

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Club Team Fundraiser

• One of your volleyball student-athletes is
  raising money for her summer teams trip to
  France. The SA is soliciting pledges for a
  bike-a-thon the SA is participating. For the SA
  to go on the trip 500 must be secured in
  pledges. You know this because the SA is asking
  you for a pledge. Any concerns?

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Club Team Fundraiser

• Are student-athletes involved in the activity?
• When does the activity occur?
• What is the role of the student-athletes in the
  activity?
• Are prospective student-athletes involved in the
  activity?

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Club Team Fundraiser

• Following the Funds
• No earmarks and
• Cannot be from boosters or coaches.

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Summary

• Two part analysis
• 1. Activity compliance.
• 2. Proper direction of the proceeds.
• Key points
• 1. Activities that involve the use of athletics
  ability are not permitted out of season.
• 2. No earmarks.

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QUESTIONS?