Sample Memo Header:
To: Andrew Bondarowicz, Esq., Athletic Director
From: Your Name
Date: November 29, 2022
Re: Johnny Spiral Eligibility Concerns
Suggested Sections:
Key Facts/Issues Presented:
Analysis:
Recommendation:
The topic of the paper and what it needs to be written about starts at: You are the Assistant Athletic Director for Compliance...
19 Dec 2022 18:45
You are the Assistant Athletic Director for Compliance at Northwest Idaho State University (NISU). After a magical run through the college football’s ranks this season, you are confronted with the downside of athletic success.
Your office was just contacted by an anonymous caller who stated that a few of your star players were treading into some troubling waters during the team’s trip to the Bubba Gump Shrimp Bowl. The team’s starting quarterback, Johnny Spiral, was seen in the area around the team hotel in Bayou LaBatre, Alabama hanging out and drinking beers with noted NFLPA super-agent Bob “Sugar” Cane at several area bars and night clubs. He also seemed to be wearing a gaudy thick gold chain with a giant #1 pennant, which arguably could be to represent his status as the likely #1 overall pick in the upcoming NFL draft. He was also seen riding around town in an Escalade owned by Cane's infamous recruiter Joe-Joe Joseph, who is often seen sniffing around top athletes. Spiral was also seen driving a Maserati with Joseph riding “shotgun.” During his excursions, Spiral has also been seen wearing a shirt that says “Get your official Spiral Notes Playlists at www.johnnyspiral.com Links to an external site.” where it provides free downloads of the new fight song that Johnny wrote and recorded himself (presumably putting his B.A. in Modern Jock Jam Arts to good use). Remember, Johnny Spiral’s mother is also the biggest oil baron in the northeastern part of West Texas and a big donor to the school – her alma mater too.
Since the championship game is to be played tomorrow night, the Athletic Director has come to you for your guidance on how the issue should be addressed. Discuss the compliance and legal issues that you see here and the approach to resolving them. Also provide a recommendation to the Athletic Director on how the university should address the matter operationally. If Johnny Spiral is suspended for the championship, it will likely mean a blow-out loss for you in the championship game and the scorn of NISU Jackalopes Fan Nation, but the school cannot deal with an NCAA investigation.
MEMO
To: Andrew Bondarowicz, Esq., Athletic Director
From: Your Name
Date: December 20, 2022
Re: Johnny Spiral Eligibility Concerns
Issues Presented:
During the Buppa Gump Shrimp Bowl trip, Johnny Spiral got involved in activities that go against NCAA regulations which have caused eligibility concerns. The three main activities that Spiral got involved in various activities, which has caused eligibility concerns. For example, while he was on the trip, many people saw him wearing the t-shirt with the writing "Get your official Spiral Notes Playlists at www.johnnyspiral.com. He is marketing songs by Johnny because when one clicks this link, it leads them to the site where they can download the songs. Second, people also saw him hanging around Alabama, drinking alcohol.
Analysis:
Considering these two actions, Spiral has violated the NIL law by going against its provisions. NIL law has regulations that guide people on the activities they can get involved in and those which cause violations. Violating NIL law involves severe consequences, including being barred from playing. NCAA allows students to use their likenesses, images, and names to engage in business activities that help them make money (NCAA Overview, 2022). However, it has strict regulations which students must adhere to as they get involved. Considering these requirements, one of the "Dos" of NIL law which Spiral went against, is that he was not supposed to get involved in NIL activity before talking to the compliance officer. Students must disclose any activity to this authority to ensure that everything goes according to NCAA regulations. However, Spiral disregarded this policy and got involved in a NIL agreement by marketing the songs without talking to the compliance officer.
A crucial “DON’T" of NIL law that Spiral disregarded was that a student is not supposed to engage in any NIL activity during activities the team has organized. When a player has gone on a trip for an activity the school sponsors, they should not use the opportunity for financial gains (Supreme Court Opinion, 2020). However, he got involved in marketing during the trip; therefore, he went against this regulation. Another significant provision of NIL law is that students are not supposed to drink alcohol on trips that their institutions sponsor. However, he violated this rule by consuming alcohol while walking around Alabama during the trip. These activities go against the NIL laws causing eligibility concerns. Considering the NCAA regulations, Johnny Spiral deserves a suspension. However, it should not happen because it will be a significant blow-out loss in the championship game.
Recommendation:
Even though the institution will lose significantly if Spiral does not play because of his eligibility, the NCAA Constitution 2.8 requires members to ensure that if a student gets involved in activities that defile the NCAA regulations, they must report it. Therefore, even though the school does not have reliable information, it should use the available details to determine if Spiral should proceed. The school should report the matter to NCAA to inform it about the violations (NCAA Overview, 2022). Self-report is crucial, and failing to obey it violates the NCAA Constitution 2.8. The consequences of this defilement can severely impact the school. Even though discontinuing Spiral from the games activities will adversely affect the school, the effects of doing so are not worse than the impacts of failing to self-report. When a school self-reports, the NCAA takes time to investigate the matter and decide the best way forward. Therefore, the school must accept that it has to continue without Spiral.
References
Supreme Court Opinion. (2020). Supreme Court of the United States. Supreme Court Opinion.
NCAA Overview. (2022). What is the NCAA Today? NCAA Overview.