Camps and Clinics
A/PPS No. 08.02 (1.1)
Issue No. 1
Effective Date: 1/02/2017
Next Review Date: 11/01/2017 (E3Y)
Sr. Reviewer: Athletics Director
OPERATION OF INSTITUTIONAL AND EXTERNAL CAMPS
Texas State University does not operate and is not responsible for activities associated with Institutional or External Camps. Outside vendors (individuals or businesses) may contract with Texas State to lease facilities for Athletic Camps. Provision of any services other than the rental of facilities would expose Texas State to liability for the payment of UBIT; thus, is expressly prohibited. Per NCAA rules, an institution’s sports camp or instructional clinic shall be any camp or clinic that is owned or operated by a member institution or an employee of the member institution’s athletics department, either on or off its campus, and in which prospective student-athletes participate. An institution’s sports camp or clinic shall be one that:
places special emphasis on a particular sport or sports and provides specialized instruction or practice and may include competition;
involves activities designed to improve overall skills and general knowledge in the sport; or
offers a diversified experience without emphasis on instruction, practice or competition in any particular sport.
Individuals who are employed by the Texas State Athletic Department in any position may apply to operate an Institutional Camp and must follow all of the procedures in section 02.02 above. Coaches/Camp Operators are defined as individuals who are employed (including approved volunteer staff) with Texas State at the time the camp is held. (A new employee joining Texas State in the fall semester may operate an Institutional Camp during the preceding summer.)
These procedures are designed to assure that Texas State complies with all regulatory requirements of the NCAA, as well as to minimize Texas State’s risk exposure to State sales tax, Unrelated Business Income Tax (UBIT), and other liabilities. All athletic department staff are expected to comply with all Texas State policies and procedures on the use of University resources. All athletic department staff must comply with the Texas State Camps & Clinics Policies and Procedures as issued by the Department of Athletics. All Texas State athletic department staff must also comply with all NCAA rules and regulations regarding camps & clinics.
Definitions for the purpose of this policy statement: Institutional Camp is a camp or clinic run by members of the Texas State Athletic Department. External Camp is a camp or clinic run by non-members of the Texas State Athletic Department.
The Coach/Camp Operator must obtain written approval for each fiscal year in which he/she proposed to operate a camp(s) utilizing Texas State facilities.
The athletic facility usage fee will be 10% of the gross revenue (including income from concessions). This fee is separate and distinct from all other university charges. The 10% goes towards the facility rental.
The facility usage fee payable to the Texas State Athletic Department must be settled no more than four weeks after completion of the final camp.
External camps may be operated at Texas State by outside vendors, provided that the vendor meets all of the following requirements:
Contract for facilities rental must be executed in writing with Texas State Athletics Facilities Office. Upon completion, a copy of the executed contract must be filed with the Athletics Facilities Office. This contract will specify charges for facilities. Fair Market Value will be charged for facilities rental.
Food service contract must be executed in writing with the university’s food service contractor. Note that this contract is with Texas State. Deadlines and charges for the provision of food service must be established by the negotiation between the outside camp vendor and the food service contractor.
Operating expenses such as salaries, wages, supplies, payroll taxes, income taxes, sales taxes, occupancy taxes and all other costs are the sole responsibility of the outside camp vendor. The vendor is prohibited from utilizing Texas State services and making repayment for those services. To do so could imply that Texas State is participating in the operation of the camps and would subject the university to the liability for UBIT.
Outside vendors are required to provide written proof that they have current liability insurance coverage for the operation of institutional and external camps held at Texas State facilities. At least two (2) weeks prior to the start of the camp, the documents must be provided to the Assistant AD for Facilities and Game Operations.
The Coach/Camp Operator must complete all compliance related camp paperwork and adhere to all applicable NCAA rules and regulation regarding camps and clinics.
Prior to conducting a camp, the Coach/Camp Operator should submit the pre-camp form as well as a brochure for the camp. The brochure should be routed through the departmental routing form (found online) to be reviewed by compliance, facilities, sports information, business office and marketing.
After camp is complete, the Coach/Camp Operator is required to fill out a Camps and Clinics Financial Report and submit it to the Athletic Compliance Office. This statement should include gross comp income from registration, food and souvenir concessions (camp stores), and any other income generated by the camp. In addition, the statement should provide a detail of all camp expenses and the resulting net income of the camp. This statement should be provided to the Athletic Compliance Office no later than four (4) weeks after the close of camp.
Camp employees who are also Texas State employees will be considered as engaged in outside employment during planning time and during the actual camp(s). Texas State employees are required to take vacation time or comp time to engage in camps or clinics. Unreimbursed use of department computers, printers, photocopying, postage, phones, and supplies is prohibited.
Arrangements for Athletic Department administrative assistants must be made before any camps activity is begun.
Work for any aspect of a camp, including mailing brochures, typing labels or lists of any kind, calling for or picking up supplies, calling parents, etc., is not part of staff departmental duties. Texas State staff employees, including student workers, are prohibited from performing services for camps during normal working hours, unless they are on leave status, which has been approved in writing by their supervisor and has been in the SAP timekeeping system.
Texas State staff employees, including athletic training staff, who perform services for the camp(s) must be compensated by the Coach/Camp Operator. Texas State will not make payment for such services.
Work study student workers are federally funded, therefore assigning work study students to work on camp activities during normal working hours would be a state and federal violation.
Coach/Camp Operators are responsible for their own accounting services. Use of Texas State services or products for camp purposes without payment from the Coach/Camp Operator is prohibited.
Receipts/payments will be issued only to the coach’s business which may take any legal form recognized in Texas (sole proprietorship, partnership, corporation, etc.). The corporate form of business affords some protection from liability for the Coach/Camp Operator and should be given due consideration.
Coach/Camp Operators are prohibited from utilizing any of Texas State’s federal or state tax identification numbers. Failure to follow this policy could result in the Coach/Camp Operator being charged with a federal offense.
Coach/Camp Operators are responsible for paying all operating expenses associated with the camp, including staff members’ salaries/wages and payroll taxes.
Coach/Camp Operators that receive services or products from a Texas State department will pay the rate for the service or product available to the general public. Discounts to the Coach/Camp Operator are prohibited.
Coach/Camp Operators are responsible for all federal and state filing requirements including, but not limited to, 1099’s for consultants, W-2’s for employees, sales tax returns, etc.
The Department of Athletics External Auditor will select camps for audit on an annual basis as part of the NCAA Financial Audit. The Coach/Camp Operator should keep all camp records in an organized manner to facilitate this audit process and avoid any potential discrepancies.
All brochures, advertisements, and other promotional materials must include (1) the business name and address of the Camp operator and (2) the following statement: Texas State University is not the operator or sponsor of this camp.
Prior to the printing of any camp brochures or advertising/promotional materials, the items must be reviewed and approved through the departmental routing form, found on the athletics website.
The Coach/Camp Operator may advertise a camp as being held at Texas State University, however, you may not advertise your camp as the Texas State University (football, basketball, softball, etc.) camp. Your camp brochures/promotional materials should state: This camp is owned and operated by .
The camp must not in any way purport to be, or appear to be associated with Texas State University. Only institutional camps may use the Texas State logos or marks on camp brochures and promotional materials.
REVIEWERS OF THIS PPS
Reviewers of this PPS include the following:
Position Date Director, Athletics November 1 E3Y
This PPS has been approved by the following individuals in their official capacities and represents Texas State Athletics policy and procedure from the date of this document until superseded.
Director, Athletics; senior reviewer of this PPS