Legal Analysis: State v. Lizotte & State v. Schenk

These legal cases address issues related to privacy rights, email searches, warrants, and property search theory in the context of the Fourth Amendment and Article 11. The arguments made by the government, the appellant, and the appellee are examined in detail, along with the key points of contention and legal principles involved.

• Legal
• Privacy rights
• Fourth Amendment
• Warrant
• Property search

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Presentation Transcript

1. Wednesday, August 1, 2018 Ask Before You Act! 1 RULES EDUCATION SEMINAR August 2018

2. Wednesday, August 1, 2018 Ask Before You Act! 2 Agenda Hocus Focus Monthly Reminders Beginning-of-the-Year Form Reminders 2018-19 NCAA Division I Manuals Recent NCAA Educational Columns, Interpretations and Infractions Cases C-USA Sportsmanship Program Rules Education Compliance Website Section Review JumpForward Tip of the Month How can we help you? Other Business

3. Wednesday, August 1, 2018 Ask Before You Act! 3 Hocus Focus Dock is missing Arm is moved Fishing poles are missing Clothes in the tree are missing Bird is missing T-shirt is missing

4. Wednesday, August 1, 2018 Ask Before You Act! 4 Monthly Reminders Time Management Plan Head Coach Responsibility Documentation Non-Athletics Office Contact Prohibition Contact and Evaluation Logs in JumpForward Official and Unofficial Visit Forms Initial Eligibility and Transfer Review Forms CARA (Practice) Logs Institutional Request List (IRL) Updates Recruiting and Scouting Services Approval Tryout Approval Camps and Clinics Forms Squad Change Forms Recruiting Calendar Compliance Office on Twitter @BlazerBylaws

5. Wednesday, August 1, 2018 Ask Before You Act! 5 Beginning-of-the-Year Form Reminders Declaration of Playing Season Form Declaration of Coaches and Staff Form Competition Schedule Approval Form Football Graduate Assistant Coach Form Noncoaching Staff Member with Sport Specific Duties Form Student Manager Form Student Assistant Coach Form Volunteer Coach Form Student Employee Form C-USA Coaches Sportsmanship Statement

6. Wednesday, August 1, 2018 Ask Before You Act! 6 2018-19 NCAA Division I Manuals Includes Operating Bylaws 10-17 in printed version Bylaw 10 Ethical Conduct Bylaw 11 Conduct and Employment of Athletics Personnel Bylaw 12 Amateurism and Athletics Eligibility Bylaw 13 Recruiting Bylaw 14 Academic Eligibility Bylaw 15 Financial Aid Bylaw 16 Awards, Benefits and Expenses for Enrolled Student- Athletes Bylaw 17 Playing and Practice Seasons Full manual is available electronically LSDBi PDF eBook Delivered in early August

7. Wednesday, August 1, 2018 Ask Before You Act! 7 Recent NCAA Educational Columns, Interpretations and Infractions Cases Notification of Transfer Proposal Q & A Proposal 2017-64 Educational Column PSAs Participating in a Camp in Conjunction with an Official Visit Proposal 2017-63 Educational Column Proposals 2017-112 and 2017-113 Educational Column Proposal 2017-31 Educational Column

8. Wednesday, August 1, 2018 Ask Before You Act! 8 C-USA SPORTSMANSHIP PROGRAM

9. Wednesday, August 1, 2018 Ask Before You Act! 9 C-USA Sportsmanship Program Principles of Sportsmanship The essential elements of sportsmanship and ethics in sports are embodied in the concept of character building and six core principles: Respect, Responsibility, Fairness, Honesty, Integrity, and Good sportsmanship.

10. Wednesday, August 1, 2018 Ask Before You Act! 10 C-USA Sportsmanship Program Standards of Conduct Conduct yourself as a positive role model and represent UAB in a manner that exhibits the principles of sportsmanship Exhibit respect and courtesy towards all participants Comment about other schools, coaches and student-athletes in a positive manner No negative recruiting

11. Wednesday, August 1, 2018 Ask Before You Act! 11 C-USA Sportsmanship Program Unsportsmanlike behavior examples Striking (e.g., kicking, hitting, throwing objects) or other acts of violence, attempted acts of violence or attempts to incite violence Obscene, profane, demeaning or unduly provocative language, gestures or actions directed towards an opposing team, institution, contest official, staff member or spectator Public criticism of or publicly disparaging statements about an opposing team, institution, contest official, staff member, or spectator Failure to immediately leave the playing area when ejected from a contest All other actions, as determined by the Commissioner, in violation of the principles and standards of sportsmanship

12. Wednesday, August 1, 2018 Ask Before You Act! 12 C-USA Sportsmanship Program Penalties Public or private reprimand Forfeit competition Suspend or expel any person from competition(s) Fines Repeat violations result in increasingly greater penalties

13. Wednesday, August 1, 2018 Ask Before You Act! 13 NEW LEGISLATION REMINDERS Effective August 1, 2018

14. Wednesday, August 1, 2018 Ask Before You Act! 14 AUTONOMY PROPOSALS Effective August 1, 2018

15. Wednesday, August 1, 2018 Ask Before You Act! 15 Proposal No. 2017-98 Personnel Volunteer Coach Intent To specify that a volunteer coach may receive: Complimentary admission to a home athletics event in conjunction with a prospective student-athlete's official or unofficial visit; Complimentary meals provided during a prospective student-athlete's unofficial visit, provided the individual dines with the prospective student- athlete; and Reasonable entertainment in conjunction with entertainment provided to student-athletes.

16. Wednesday, August 1, 2018 Ask Before You Act! 16 Proposal No. 2017-101 Recruiting Student Host Money Intent To increase, from $40 to $75, the allowance that an institution may provide a student host for each day of a prospective student- athlete's official visit to cover all actual costs of entertaining the student host(s), the prospective student-athlete and up to four family members accompanying the prospective student-athlete; further, to increase, from $20 to $40, the additional allowance an institution may provide the student host per day for each additional prospective student-athlete the host entertains.

17. Wednesday, August 1, 2018 Ask Before You Act! 17 NCAA COUNCIL PROPOSALS Effective August 1, 2018

18. Wednesday, August 1, 2018 Ask Before You Act! 18 Proposal No. 2017-18 Delayed Enrollment Exception Intent In sports other than men's ice hockey and skiing, to specify that the junior level equivalents of official Olympic Games, Pan American Games, World Championships, World Cup, World University Games (Universiade) and World University Championships competition; officially recognized competition from which participants may directly qualify for final tryouts; and final tryout competition from which participants are selected for such teams shall be exempt from the application of the delayed enrollment legislation.

19. Wednesday, August 1, 2018 Ask Before You Act! 19 Proposal No. 2017-31 Recruiting Presentations Intent To specify that an institution may produce video or audio materials for recruiting purposes to show to, play for or provide to a prospective student-athlete, provided it is not personalized to include a prospective student-athlete's name picture or likeness and it is not created by an entity outside the institution.

20. Wednesday, August 1, 2018 Ask Before You Act! 20 Proposal No. 2017-34 Campus Visit Decorations Intent To specify that an institution may decorate common areas in athletics facilities for an official or unofficial visit, provided the decorations are not personalized and the common areas are not accessible or visible to the general public while they are decorated.

21. Wednesday, August 1, 2019 Ask Before You Act! 21 Proposal No. 2017-57 Replacing a Counter Intent In head count sports, to specify that an institution may replace a counter who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year; further, in football, to specify that the departing student-athlete's aid may be canceled and a hearing opportunity is not required when the institution receives a signed statement from the student-athlete releasing the institution from its obligation to provide institutional financial aid and verifying the voluntary nature of the withdrawal.

22. Wednesday, August 1, 2018 Ask Before You Act! 22 Proposal No. 2017-61-1 Skill Instruction Intent In individual sports, a student-athlete's participation in required weight training, conditioning and skill-related instruction shall be limited to a maximum of eight hours per week with not more than four hours spent on skill-related workouts. In team sports other than football, to specify that a student-athlete's participation in required weight training, conditioning and skill- related instruction shall be limited to a maximum of eight hours per week with not more than four hours spent on skill-related workouts.

23. Wednesday, August 1, 2018 Ask Before You Act! 23 Proposal No. 2017-64 Required Day Off Intent To specify that if an institution's team participates in three contests or dates of competition in a seven-day period, an institution is not subject to the one-day-off-per-week requirement, provided the student-athletes do not engage in any countable athletically related activities for two days during either the preceding or the following week.

24. Wednesday, August 1, 2018 Ask Before You Act! 24 Proposal No. 2017-111 Official Visits Intent In sports other than basketball and football, to specify that an institution may provide an official visit to a prospective student- athlete beginning September 1 of the prospective student-athlete's junior year in high school.

25. Wednesday, August 1, 2018 Ask Before You Act! 25 Proposal No. 2018-3 Minors and Certificate Programs Intent To specify that a minor or undergraduate certificate program must be designated prior to the conclusion of the first five days of class for associated credit hours to be used to satisfy progress-toward- degree credit-hour requirements after the first two years of enrollment.

26. Wednesday, August 1, 2018 Ask Before You Act! 26 Compliance Website Section Review Personnel Bylaw 11.1.1.1 Responsibility of Head Coach Bylaw 11.5 Certification to Recruit off Campus Bylaw 11.7 Limitations on the Number and Duties of Coaches

27. Wednesday, August 1, 2018 Ask Before You Act! 27 HOW CAN WE HELP YOU?

28. Wednesday, August 1, 2018 Ask Before You Act! 28 OTHER BUSINESS & QUESTIONS? NCAA BYLAW 19.01.5 EXEMPLARY CONDUCT Individuals employed by or associated with member institutions for the administration, the conduct or the coaching of intercollegiate athletics are, in the final analysis, teachers of young people. Their responsibility is an affirmative one, and they must do more than avoid improper conduct or questionable acts. Their own moral values must be so certain and positive that those younger and more pliable will be influenced by a fine example. Much more is expected of them than of the less critically placed citizen.