Date Published: October 10, 2012
Educational Column:
NCAA Division I institutions should note an institution may send a photograph to a prospective student-athlete as an attachment to general correspondence (printed on plain white paper with black ink) or electronic transmissions, provided the information in the photograph was not altered or staged for a recruiting purpose.
The following questions and answers are designed to assist the Division I membership with the application of legislation related to photographs as attachments.
Question: May a coaching staff member send a photograph via text message without the photo being considered an attachment?
Answer: No.
Question: May a coaching staff member send a photograph via email without the photo being considered an attachment?
Answer: No.
Question: Are photographs used as institutional letterhead subject to the same restrictions as other photographs used as attachments?
Answer: No. However, if the photos are used in any other manner, those other uses remain subject to the restrictions on photographs as attachments. For example, a photo of an institution’s competition facility used in institutional letterhead is not subject to the restrictions on photographs as attachments. However, if a coach at the institution wants to send the photo used in the institutional letterhead to a prospective student-athlete as an attachment to either general correspondence or an electronic transmission, then the photo being sent to the prospective student-athlete cannot be altered or staged for a recruiting purpose.
Question: May a men’s basketball coaching staff member send a photo of a team practice to a men’s basketball student-athlete as an attachment to a text message?
Answer: Yes, provided the content was not altered or staged for a recruiting purpose.
Question: May a football coach send a photo of the institution’s pep rally to a prospective student-athlete as an attachment to a direct message on twitter?
Answer: Yes, provided the content was not altered or staged for a recruiting purpose.
Question: May a basketball coach take a photo of a room not available to the general public (e.g., institution’s trophy room, team meeting room, locker room, etc.) and send it to a prospective student-athlete as an attachment to a text message.
Answer: Yes, provided the content was not altered or staged for a recruiting purpose.
Question: May a coach take a photo and use software (e.g., Instagram, Photoshop, Camera Awesome, Camera+,) to enhance the content of the photo (e.g., changed color of photo to sepia tones or add content to the photograph), and send it to a prospective student-athlete as an attachment it to an email or direct social media message?
Answer: No, a photograph that has been altered or staged for a recruiting purpose cannot be sent to a prospective student-athlete.
Question: May a soccer coach arrange for a photo of the university’s president, famous alumni and mascot to be taken and sent to a prospective student-athlete as an attachment to an email?
Answer: No, the content of the photograph may not be staged for the purpose of being sent to a prospective student-athlete.
[References: NCAA Bylaws 13.4.1.1 (printed recruiting materials), 13.4.1.2 (electronic transmissions), 13.4.1.2.1 (exception — men’s basketball), 13.4.1.3 (other recruiting materials); an official interpretation (3/14/2007, Item No. 1); and a staff interpretation (8/30/12, Item No. f)]
Notice about Educational Columns: Educational columns and hot topics are intended to assist the membership with the correct application of legislation and/or interpretations by providing clarifications, reminders and examples. They are based on legislation and official and staff interpretations applicable at the time of publication. Therefore, educational columns and hot topics are binding to the extent that the legislation and interpretations on which they are based remain applicable. Educational columns are posted on a regular basis to address a variety of issues and hot topics are posted as necessary in order to address timely issues.
