Today, we look at the possibility of NCAA violations being committed by the network and it's partners ESPN and the University of Texas.
Months ago when the network was announced, a run-down of the possible programming read as follows:
While we are certainly exited about the coverage of lectures and visiting speakers to the university, the part that stood out to us was the possibility of high school sport coverage by the network. This is possible due to the fact that the University of Texas created the University Interscholastic League (UIL) that governs Texas high school sporting events in 1909.Included in the coverage will be at least one exclusive football game, eight men's basketball games, women's basketball coverage of games not televised elsewhere, and Olympic sports coverage. There will also be pregame and postgame shows for football and basketball games, coaches' shows for every sport Texas sponsors and other daily programming. Plans call for 200 events a year.The network will also feature original series, studio shows, historical programming and other academic and cultural events. There also will be an online component offering content not featured on the linear TV feed.In addition, there will be university news, coverage of lectures and visiting speakers along with commencement ceremonies, and even high school coverage on an authenticated online/broadband site.
The UIL continues to operate as part of the University of Texas, under the auspices of the Vice President for Diversity & Community Engagement.
Many were upset at this possibility in terms of an obvious recruiting advantage in showcasing prospective University of Texas student-athletes. It opens a pandora's box of possible NCAA violations by allowing these athletes to receive improper benefits from the network and university boosters for their appearance. It's not out of the question that the Longhorn Network and ESPN could be classified as a University of Texas booster, since they are contributing $300 million to the university over 20 years. This past Friday, many were finally struck by this reality as an article in the Brenham Banner-Press stated that Brenham High School head coach Glen West had been contacted about he possibility of a Brenham Cub game being televised on the network:
The Brenham Cub football team has been contacted about possibly playing its second game of the season on the upstart Longhorn Network, Brenham High School football coach Glen West said Thursday.The 2011 Brenham Cubs will have two players who are "verbally committed" to the University of Texas football signing class of 2012 in Tim Cole and Malcom Brown.
Brenham, which was ranked seventh in Texas Class 4A in Dave Campbell’s Texas Football preseason rankings, will open its season Aug. 26 against Huntsville at Cub Stadium, and is scheduled to play Sept. 3 at Lamar Consolidated.
But if the game is televised by the Longhorn Network, the game would likely be moved up two days to Thursday.
West said Brenham would be interested in playing a Thursday game.
The Midnight Yell has also learned that a Week 0 match-up (weekend of August 26th) between Stephenville and Aledo (Aledo running back Johnathan Gray is also a 2012 verbal commit to Texas) could be shown at 4 PM on August 27th on the Longhorn Network as well.
So what is wrong with the Longhorn Network showcasing top contests in Texas UIL Class 4A between Brenham - Lamar Consolidated and Stephenville - Aledo? Well, it could be against NCAA rules for one. Two, both contests mentioned so far involve Longhorn football verbal commits for the class of 2012. When will we get to see a high school game that doesn't feature a Longhorn commit?
NCAA rule 13.10.3 reads as follows:
13.10.3 Radio/TV Show. A member institution shall not permit a prospective student-athlete or a high school, college preparatory school or two-year college coach to appear, be interviewed or otherwise be involved (in person or via film, audio tape or videotape) on:Turn your attention to part C. While I doubt Mack Brown will be conducting or participating in any airing of high school football games (parts A and B), the question lies with whether or not the "institution's athletics staff has been instrumental in arranging the appearance of" these high school programs. Do the producers of the Longhorn Network fall under this category or is it immune from this rule as it is an ESPN based network? It is clear there will be differing opinions and the network falls under yet another gray area in NCAA rules.
(a) A radio or television program conducted by the institution's coach;
(b) A program in which the institution's coach is participating; or
(c) A program for which a member of the institution's athletics staff has been instrumental in arranging for the appearance of the prospective student-athlete or coach or related program material.
There are several people who vote "yes" that this could be an NCAA violation. One such person is SI.com's Michael Rosenberg who wrote an article about this way back in January of this year:
To translate (c): Schools cannot arrange for recruits to be on television.
Well, OF COURSE Texas will try to get the best high school games, featuring the best recruits, on its television network. That is what viewers want, and it's what benefits UT. Don't you think Texas will get a recruiting advantage by putting certain high school games on its network? Will high school coaches steer kids to Texas in the hopes of getting their games on TV?
This is shady territory, and I'm sure ESPN will launch a thorough investigation after it goes into its business partnership with the University of Texas. Will the NCAA have the guts to put a stop to this? Will new NCAA president Mark Emmert say "Hey, you guys can have your own network, but we have a church-and-state separation between college and high school sports, and you can't cross that line"?
Hey! Stop laughing!
As with so much of the NCAA, when money is at stake, everything else becomes irrelevant. So there is an excellent chance that, come September, the University of Texas will be promoting and televising games featuring its star recruits, with UT-approved announcers interviewing those star recruits and telling listeners how wonderful they are.
Another person who sees this as a problem is Texas A&M's own Athletic Director Bill Byrne.
The Texas deal also may include coverage of some high school events, and Texas A&M athletics director Bill Byrne says that should raise questions about the possibility of illegal recruiting practices.I wonder if the NCAA has looked any further into this issue since that article was written in February. My money is on "NO".
"I can’t speak for the NCAA, but I would imagine the governing body will look into the use of a collegiate television network airing games of prospective student-athletes," Byrne said in a statement. "I understand networks such as FSN and ESPN airing high school sports, but whether or not employees under contract with a university that may have additional contact would seem to be an issue."The NCAA referred questions about the TV deal to the university and ESPN.
Even the high school coaches are agreeing:
"I think it is the wave of the future," said Ben Pardo, the athletics director at Pearland High School, which won the Texas 5A football championship in December. "We’re in a visual society, and any kid who sees that and is exposed to that anywhere, that will certainly have an impact on how a kid perceives a university. That certainly is a great way for a university to expose what it has to offer to a younger and more widespread group."So how could the Longhorn Network get by with this? Well, it is really simple. The NCAA can come out tomorrow and make a public announcement that it does not view the Longhorn Network as an extension of the University of Texas athletic department, thus the rule 13.10.3 is non-binding to them. In reality, that would make sense since the network is owned and operated by ESPN. Not the Longhorns.
The UIL, the governing body of Texas high school athletics, is interested in partnering with the Longhorns and having Texas high school games of various sports to be broadcast on the network.But then what is the definition of a partnership? If the University of Texas, ESPN, and IMG are really "partners" in this deal, doesn't the network then fall under the category as an extension for the university?
You think the Longhorn Network is interested in being at one of Aledo’s games next fall?
Perhaps the station also does a half-hour show on Gray. Maybe it does a show on each one of the Longhorns’ targets?There’s no rule against this, at least not one currently in existence. After all, every employee for the Longhorn network will be paid by ESPN.
Obviously, it would be hard for Texas to pull off something if it was so overt. But where will the line be – and how much will the ESPN programming folks will want to tap dance close to it?
“We’re partners with ESPN, no doubt,” Powers said.With these questions raised, The Midnight Yell decided to ask ESPN, the NCAA, and compliance offices from around the Big XII their views on this subject and whether or not Rule 13.10.3 applies to the Longhorn Network. As of this time, our only response has come from ESPN.
Dear Justin,Um, thanks ESPN for a cut and paste answer and not addressing the problem.
Thanks for contacting ESPN.
Longhorn Network launches August 26, 2011. The 24-hour University of Texas network will televise 200 University of Texas events annually. Action includes a variety of men's and women’s basketball games – some won’t be televised elsewhere - at least one exclusive football game and Olympic sports coverage, pregame and postgame shows for football and basketball games, coaches' shows for every sport Texas sponsors, university news, coverage of lectures and visiting speakers along with commencement ceremonies and other daily programming.
Sincerely,
Teri
ESPN Viewer Response
We are a little over a month away before the Longhorn Network hits the air waves (whether they are picked up by any carriers or not) and it's abilities to air these high school sporting events, yet this question lingers. Why has it taken this long to get a yes or no answer? We have known about this possibility for months, and yet now when we finally have confirmation that it probably will happen is when the questions get asked. The NCAA, Big XII, and ESPN should have all come to an agreement long before now on this issue. It shouldn't take fans or an internet blog like this one to get action by all parties into motion.
"There are many questions regarding this new contract that will be discussed at length here at Texas A&M and within the Big 12 Conference, as well as with our television partners," Byrne said. "As we have stated on many occasions, it is our desire to work with our member institutions in the Big 12 Conference to do what is best for our league, and, of course, do what is best for Texas A&M."Well Mr. Byrne, the rest of the Big XII, and the NCAA, we suggest you get on that.