As colleges and universities and their athletics departments navigate the uncertainties of the COVID-19 pandemic, they should be aware of the NCAA’s guidance about offseason training, communications with current and prospective student-athletes, and recruiting. This article describes the key aspects of the NCAA’s guidance to give school administrators a head start on athletics compliance in a post-pandemic world.

What the NCAA Has Changed Regarding Offseason Training and Why NCAA Guidance on Social Media Use During the Pandemic Might Cause Confusion

Remote connectivity has become a necessary alternative for a traditionally hands-on and in-person collegiate athletics offseason experience. With most campuses closed for the summer and possibly beyond, each of the NCAA’s three divisions has released helpful (yet sometimes divergent) guidance on offseason training during the pandemic. While the guiding principle for all NCAA offseason training has always been making sure they are “voluntary” activities for student-athletes, what it means for an activity to be “voluntary” across the three divisions could not be more different. Further complicating things is that the NCAA has waived the “voluntary” requirement for certain types of offseason activities for D-I and D-III schools, but has kept that requirement in full force and effect for D-II schools.

Recent guidance from each division also addresses the increasing prevalence of and reliance on social media use by student-athletes and institutional staff alike. But, again, the divisions have taken varied approaches. For example, during parts of the pandemic, D-II coaches could engage in virtual or in-person workouts and D-III programs could recommend self-directed workouts and share instructional videos, while D-I coaches were prohibited from even “liking” a student-athlete’s voluntary workout because of improper reporting and “supervision” concerns.

This varying guidance on offseason activities and social media use all stems from the nearly identical requirements for “Voluntary Athletically Related Activities” found within each divisions’ bylaws (D-I: 17.02.19; D-II: 17.02.17; D-III: 17.02.14):

1. Student-athletes must not be required to report any information related to an activity back to a coach or athletics department staff member (D-III athletes cannot be required to report back to sport-specific coaches);
2. The activity must be “initiated and requested solely by the student-athlete;”
3. The student-athlete’s attendance and participation in the activity cannot be recorded for purposes of reporting to other student-athletes or coaching staff members; and
4. there can be no rewards for participating, and no penalties for not participating.

Although the requirements for “Voluntary Athletically Related Activities” is consistent across the three divisions, the application of the concept across the three divisions is not, as outlined below.

D-I: D-I schools can, through June 30, require student-athletes to engage in up to eight hours per week of virtual nonphysical countable athletically related activities such as film review, chalk talk, and team meetings. Student-athletes must, however, be given at least one day off per week. In addition, beginning June 1, student-athletes in all D-I sports will be permitted to participate in in-person voluntary athletics activities. In holding any such in-person activities, institutions should follow all applicable governmental and public health guidance, as well as any institutional or conference rules related to COVID-19.

As to social media use, D-I programs and their staffs cannot take “actions of approval” on social media, or their “disapproval” analogues, as such actions are considered prohibited forms of reporting and approval of voluntary activities during the offseason. This means coaches cannot “like,” “comment,” “post,” “react” or otherwise demonstrate an action of approval/disapproval on social media for any student-athlete’s workouts. Institutional staff and/or coaches also cannot watch athletes’ live streams (Instagram, Facebook, or otherwise) because it would amount to “supervising or conducting” a workout. D-I coaches and trainers can only post example workouts if they are released to the general public.

D-II: D-II schools and their staff can conduct voluntary virtual or in-person workouts with institutional staff members (even those on the sport-specific coaching staff). These workouts can include multiple student-athletes and/or coaches and participants can be in the same location. Student-athletes can also participate in voluntary team entertainment activities (excluding physical activities) at the direction of institutional staff. These voluntary workouts and team entertainment activities are permissible until the start of the fall term.

D-III: D-III schools have been provided with “institutional discretion” as to the type, timing, and frequency of interactions with their student-athletes until the start of the fall term, although the NCAA has offered several guidelines for applying this discretion. This guidance provides that D-III institutions may allow staff members to initiate or require virtual meetings with student-athletes, including with multiple student-athletes (or the entire team) simultaneously. In these meetings, staff may conduct chalk talks, discuss team strategy, or review game film or other sport-related videos. Normally, such activities would constitute athletically related activities and would be prohibited in a sport’s offseason. The NCAA’s guidelines also provide that D-III schools should allow their staff to recommend—but not require—self-directed workouts to student-athletes while they are off campus (subject to ordinary institutional approvals and requirements and adherence with applicable legislative policy). Institutional staff should not supervise or conduct these workouts. Finally, institutions may allow their staff to ask student-athletes to discuss their workouts with them as well as to share sport-related instructional and demonstration pictures and videos.

Recruiting: “Dead” and “Quiet” Periods Enacted Among D-I and D-II; Minimal Changes in D-III

In addition to providing guidance on offseason training and social media use, the NCAA has taken actions that impact D-I and D-II recruitment schedules and methods. Notably, the NCAA has made fewer changes relating to D-III recruitment.

D-I: D-I’s recruitment “dead period” (i.e. where no in-person contact is allowed) is extended through at least June 30, 2020. However, the D-I Council has enacted a number of waivers permitting:

• Any institutional staff and current student-athletes to participate on a telephone/video call initiated by a coach. Similarly, any number of uncommitted prospective student-athletes (and their family members) can participate on calls with an institution;
• Committed prospects to participate in virtual team activities;
• Uncommitted prospects to observe (but not participate in) one virtual activity per sport, per institution; and
• Coaching staff members to participate in all institutional and non-institutional virtual camps and clinics regardless of the participation of prospects.

D-II: D-II similarly implemented an emergency “quiet period” for in-person contact that extends through June 30, 2020. However, unlike D-I’s dead period, in-person contact is permitted on the institution’s campus. Further, institution-sponsored camps and clinics (which are not required to be held on campus) can be held from June 1 through June 30, subject to local public health guidance and other conference-specific regulations.

With regard to virtual meetings, a prospective student-athlete may participate in virtual team meetings that do not involve physical activity. These meetings may only include current student-athletes and institutional staff members.

Finally, a prospective student-athlete may submit a grade report to satisfy the National Letter of Intent transcript requirement. If a prospective student-athlete is unable to obtain a grade report, the institution may file a legislative relief waiver for review on a case-by-case basis.

D-III: Generally, there have been minimal changes to D-III recruitment. Importantly, there has been no decreed dead or quiet period. However, D-III institutions are permitted to conduct virtual recruiting activities involving multiple prospective student-athletes, regardless of grade level, and their families. These activities replace recruitment-specific presentations that would normally have taken place during the spring and summer. Such activities can include content delivered by the institution’s coaching staff, currently enrolled student-athletes, and other members of the campus community. All other virtual or remote recruitment activities are permitted so long as they would be permissible if done in person.

Conclusion

NCAA guidance regarding allowable training, social media, and recruiting activities over the summer months varies—sometimes considerably—across Division I, Division II, and Division III. Athletics programs should closely monitor this guidance, which will certainly continue to evolve over the coming months, and stay in close contact with counsel to ensure compliance.