During the break between fall and spring semesters, Ocean State University (OSU) will be participating in a bowl game as well as hosting a few men’s and women’s basketball games. OSU’s band is not able to participate in all of these events, so is it permissible for OSU to hire a local high school band to perform at the home basketball games?
Yes with conditions.
Is it also permissible for James River Institute and Country Roads College to hire a high school band?
Yes with conditions.
Division I NCAA Bylaw 126.96.36.199 states that an institution may hire a band (e.g., marching band, pep band) comprised of prospective student-athlete-aged individuals to perform at its regular-season home contests and/or postseason home or away-from-home contests, provided the band is paid commensurate with the going rate in that locale for similar services and the organization providing the band is located within 150 miles of the competition site. (Adopted: 11/1/01 effective 8/1/02)
Yes with conditions. Division II NCAA Bylaw 188.8.131.52 states that an institution may hire a band (e.g., marching band, pep band) comprised of prospective student-athletes to perform at any contest, provided the band is paid commensurate with the going rate in the locale for similar services. (Adopted: 4/21/09)
Yes with conditions. Division III NCAA Bylaw 184.108.40.206 states that an institution may employ a prospective student-athlete at its event provided all compensation received by the prospective student-athlete is for work actually performed and at a rate commensurate with the going rate in that locality for similar services. (Adopted: 1/21/17)
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