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Subject:
From:
"Jack C. Berenzweig" <[log in to unmask]>
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Date:
Tue, 13 Aug 1996 07:43:18 -0500
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Mike Machnik wrote:
> The real answer is that in any case where there
> might be some doubt, parents and SAs need to get a definite answer from the
> compliance officer at their school or even the NCAA itself.  You honestly
> cannot rely on the opinion of anyone other than those whose job it is to
> know these things.  Parents and SAs need to know who their compliance
> officer is and how to contact him/her or the NCAA in situations like this.
> Every parent of a college athlete and athletes themselves really should pay
> attention to this.  I think it is one of the most important things you will
> see in this forum.
 
So that there is no misunderstanding, this comment is refers solely to
the policies and procedures of the NCAA and not to any particular NCAA
member institution.
 
As the parent of a collegiate athlete, I have had several occasions to
contact the NCAA for some guidance, relating to questions of collegiate
eligibility.  On no occasion was I ever able to receive a definitive
answer from the NCAA as to whether some particular act would jeoparize
by son's eligibility.  Sometimes, after receiving an answer from one
person at the NCAA, I would call back a second time and ask a different
person the same question and receive an entirely different answer, which
was inconsistent with the first answer. Furthermore, after the NCAA
rendered its advice, they would refuse, as a matter of policy, to put
their advice in writing.
 
As a lawyer, I find most of the NCAA rules incomprehesible.  Part of the
difficulties is that many rules were written with a particular sport in
mind but are then applied to all sports, even though that rule may not
make any sense when applied to a another sport. One rule that comes to
mind is the rule that a school may only watch a prospective recruit
three times during the season.  This rule may make sense in the context
of football, where the high school season includes only ten games and
there are literally thousands of high schools that play football.  But
does it make sense in the context of hockey where there are far fewer
hockey teams and they play many more games during the season.
 
If a lawyer has difficulty interpreting the NCAA rules, just think of
the non lawyer parents and the troubles that they would have. I
sympathize with the Dunham's.
 
Jack Berenzweig
 
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