14 Del. Admin. Code § 1009-5.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1009-5.0 - Use of Influence for Athletic Purposes

5.1 Definition: The use of influence for athletic purposes shall include, but not be limited to, the following:

5.1.1 Offer of money, room, board, clothing, transportation, or other valuable consideration to a prospective athlete or their parents, legal guardians, or Relative Caregiver.

5.1.2 Offer of waiver or reduction of tuition or financial aid if based, even partially, on athletic considerations. Nonschool affiliated scholarship or financial aid programs which are primarily restricted to students of one school if the aid is based, even partially, on athletic considerations.

5.1.3 Preference in job assignments or offer of compensation for work performed in excess of what is customarily paid for such services.

5.1.4 Offer of special privileges not accorded to other students.

5.1.5 Offer of financial assistance including free or reduced rent, payment of moving expenses, etc., to induce a prospective athlete or their parents, legal guardians, or Relative Caregiver to change residence.

5.2 Illegal Contact with Students, Student's parents, legal guardians, or a Relative Caregiver

5.2.1 A school employee or Board approved volunteer may not initiate contact or request that a booster club member, alumnus, or player initiate contact with a student enrolled in another school or their parents, legal guardians, or a Relative Caregiver in order to persuade the student to enroll in a particular school for athletic purposes. Illegal contact shall include, but not be limited to, letters, questionnaires or brochures, telephone calls, and home visits or personal contact at athletic contests.

5.2.2 If a coach or athletic director is contacted by a prospective athlete or their parents, legal guardians, or a Relative Caregiver, the former must refer the individuals to the principal or headmaster or school personnel responsible for admissions.

5.3 Permitted Activities

5.3.1 A school employee or Board approved volunteer may do the following:

5.3.1.1 Discuss the athletic program with a prospective student or their parents, legal guardians, or Relative Caregiver during an open house or approved visit initiated by the parents, legal guardians, or Relative Caregiver.

5.3.1.2 Provide information concerning sports offered, facilities, conference affiliation, and general athletic policies. However, they are not permitted to state or imply in any way that their athletic program is superior to that of another school or that it would be more beneficial or advantageous for the prospective student to participate in athletics at their school.

5.3.1.3 Conduct an informational presentation at a feeder school.

5.4 School Choice

5.4.1 If the number of applicants under the School District Enrollment Choice Program exceeds the number of available student openings, the selection criteria established by the district shall not include athletic considerations.

5.5 Penalties

5.5.1 The use of influence or illegal contact including but not limited to, violations of subsections 5.1 and 5.2 by a person employed by or representing a Member School including members of alumni associations, booster groups, and similar organizations to persuade, induce, or facilitate the enrollment of a student in that school for athletic purposes may render the student ineligible for up to one full school year from the date the charge is substantiated. In addition, the offending school may be placed on probation, as determined by the Board, and the offending employee, if a coach, may be suspended for up to one full school year from the date the charge is substantiated.

14 Del. Admin. Code § 1009-5.0

7 DE Reg. 1698 (06/01/04)
11 DE Reg. 1642 (06/01/08)
15 DE Reg. 75 (07/01/11)
19 DE Reg. 745 (2/1/2016)
24 DE Reg. 540 (12/1/2020)
26 DE Reg. 185 (9/1/2022) (Final)