Sept. 15, 2005
SAN DIEGO - The NCAA confirmed Thursday that San Diego State's current schedule card promotion does not violate any NCAA bylaws and is permissible. The ruling confirms SDSU was in compliance following a San Diego State athletic department request of the NCAA that they issue the ruling after a media outlet last week stated the promotion may have violated NCAA rules.
"The NCAA has confirmed that the San Diego State University institutional card promotion does not violate NCAA bylaws and is permissible," Brad Hostetter, NCAA director of membership services said. "Bylaw 12.5.1.1 permits an institution to use the picture of a student-athlete along with a logo or trademark in an institutional promotion. The relationship with the company in question (Denny's) was discussed and it was confirmed that the company was not a co-sponsor of the SDSU card promotion."
The promotion involves a two-sided glossy card featuring an action photo of a current San Diego State football student-athlete or coach on one side and the 2005 football schedule on the other side. The second side also includes logos of Denny's and Coca-Cola. The cards are available, free of charge, through a variety of outlets including at SDSU home football games and local businesses.
One week ago today, The San Diego Union-Tribune wrote a story titled "SDSU `cards' may be a violation". When contacted about the story, San Diego State officials provided all requested information for the story and San Diego State Director of Athletics Jeff Schemmel indicated at the time that the schedule cards fell within NCAA regulations.
"I am pleased that the NCAA has confirmed what we already knew, that the schedule cards, with pictures of our student-athletes, are permissible under the rules," Schemmel said. "This project was done not only in conformity with the rules, but with particular attention to them, as I discovered in my discussions with our staff, and as was confirmed by the NCAA."
"The unfortunate part of this, of course, is that a negative impression was given to the readers about San Diego State, and it was a false impression," Schemmel said. "That cast an unfair light on people who make it a priority to ensure that things are done the right way. This case is particularly unfortunate because we invited the newspaper to wait for a definitive answer from the NCAA, and it chose to run the story anyway, without that answer."
"We will make mistakes, and we will be accountable for those mistakes, particularly when it comes to NCAA rules. Accountability, however, is a two way street. To falsely accuse, or position a story in a way designed to imply that something is wrong when it is not, shows little accountability."
"We look forward to working with the Union-Tribune in the future in a way that is fair, honest and forthright."
The Mountain West Conference also issued a statement of support. Carolayne Henry, associate commissioner of the MWC, who regularly assists league schools with NCAA rules and institutional procedure said that the schedule cards were produced within existing rules.
"The Mountain West Conference supports San Diego State and the NCAA in their application of NCAA legislation which allows the distribution of schedules cards containing student-athletes images and statistical information," Henry said.
The schedule cards are available at the SDSU ticket office, SDSU athletics facilities, Aztec Tailgate Town at Aztec home football games and promotions, Denny's, Windmill Farms and The Mighty 1090 studios. Additional locations may be added at a later date.
In an additional commitment to SDSU athletics Denny's will make a donation to student scholarships each time someone purchases a Grand Slam Slugger. This promotion is separate from the schedule card promotion. There remains no purchase necessary to receive the schedule cards.