The “APR” & Your Program
Posted September 8, 2008
The NCAA has enacted the Academic Progress Rate (APR) in an attempt to improve scholastic achievement among student-athletes. The system is meant to encourage schools to become more active in their athletes’ educational progress, or face penalties.
If, after a complicated calculation, a team scores below 925, they may face a “contemporaneous penalty” that could result in losing scholarships for one year.
Heavier penalties, which do not go into effect for two more years, are the so-called "historically based" punishments that are based on a rolling four-year average APR. They include loss of scholarships, postseason bans and restricted membership in severe cases where academic performance lags over time.
The NCAA has yet to determine the minimum score for these “historically based” punishments. Because the APR is in its first year and has yet to be enforced, the practical effects of implementation are unknown. That is why it is important for you to be aware of any potential consequences for falling below the 925 minimum.
The maximum loss of scholarships, no matter how low the score, is 10%. The loss of scholarships can put a team at a disadvantage. However, the disadvantage is not crippling to a program and not long lasting. Only a few scholarships are lost for a short time. The real penalties would come if teams were to fall under the “historically based” punishments.
The schools are effected in two significant ways. First, the students, the administration, the regents and the alumni will be embarrassed. Second, once the “historically based” calculation is determined, there is the possibility that the school will be prohibited from sharing in post-season revenue. Combined, these two consequences will have all schools paying close attention to the APR.
As for you, the coach, besides the practical affects of landing on the APR list (i.e., recruiting and coaching with fewer scholarships combined with a cloud over the program) there are consequences that could arise in your contracts.
Many current contracts have generic clauses that state that the coach “must uphold the standards of the university” or “not engage in any behavior that will discredit the university.” Since these phrases, and so many like them in contracts, are not defined, the university could argue that failing to meet team-wide NCAA academic requirements are a violation of these clauses.
If a school is successful in making these arguments, then they could fire a coach “for cause,” thus voiding the contract and any buyout that may be associated with it. Another clause, that is in virtually every contract, is one that states the coach will “perform the customary duties of a college coach.” Once again, if a university is successful in making the case that graduating players at a certain rate is a “customary duty of a coach,” they could terminate a coach “for cause.”
All coaches must understand that APR will arise when negotiating future contracts. And, once the real consequences of the APR are known, schools may want to write in penalties for coaches whose teams fail to pass the APR. The penalties could include forfeiting incentives or make falling below 925 a “for cause” reason for termination.
It is important if you are currently negotiating a new contract, that a discussion take place to determine how the APR will affect you. Will the schools attempt to negotiate or even impose a penalty if your program does not receive a passing score or if historically based sanctions are imposed?
What is the fairness of penalizing a coach of a program, yet ignoring the remainder of those responsible for the education of all student-athletes? Especially given the complexity and untested nature of the new APR rules.
APR is in it’s infancy. The NCAA is still tweaking the formula and NONE of the parties involved truly know what impact it will have on the schools, the NCAA or you. By addressing this issue early, you can avoid unforeseen consequences in the future.
