Chapter 3341-8 | Guidelines for Concussions

Rule 3341-8-01 | BGSU concussion and head injury management.

• Effective: November 2, 2020
• Promulgated Under: 111.15

(A) Policy statement and purpose

The purpose is to articulate the guidelines for identifying and managing concussions of BGSU student-athletes.

(B) Policy scope

This policy applies to all NCAA intercollegiate athletics programs at BGSU.

(C) Policy definitions

The fifth international conference on concussion in sport defines concussion as follows:

Sport-related concussion (SRC) is a traumatic brain injury induced by biomechanical forces. Several common features that may be utilized to clinically define the nature of a concussion head injury include:

(1) SRC may be caused either by a direct blow to the head, face, neck or elsewhere on the body with an impulsive force transmitted to the head.

(2) SRC typically results in the rapid onset of short-lived impairment of neurological function that resolves spontaneously. However, in some cases, signs and symptoms evolve over a number of minutes to hours.

(3) SRC may result in neuropathological changes, but the acute clinical signs and symptoms largely reflect a functional disturbance rather than a structural injury and, as such, no abnormality is seen on standard structural neuroimaging studies.

(4) SRC results in a range of clinical signs and symptoms that may or may not involve loss of consciousness. Resolution of the clinical and cognitive features typically follows a sequential course. However, in some cases symptoms may be prolonged.

(5) The clinical signs and symptoms cannot be explained by drug, alcohol or medication use, other injuries (such as cervical injuries, peripheral vestibular dysfunction, etc.) or other comorbidities (e.g., psychological factors or coexisting medical conditions).

(D) Policy

(1) Preseason education

(a) All BGSU student-athletes must read the NCAA concussion fact sheet and sign the student- athlete concussion statement acknowledging that they:

(i) Have read and understand the NCAA concussion fact sheet;

(ii) Accept the responsibility for reporting injuries and illnesses (including signs and symptoms of concussions) to the BGSU sports medicine staff.

(b) All BGSU athletics administrators (with sport oversight) and coaches (including head, assistants, and strength and conditioning) must read and sign the coach concussion statement acknowledging that they:

(i) Have read and understand the NCAA concussion fact sheet;

(ii) Will encourage student-athletes to report any suspected injuries and illnesses (including signs and symptoms of a concussion) to the BGSU sports medicine staff and that they accept the responsibility for referring any student-athlete suspected of sustaining a concussion to the sports medicine staff.

(c) All BGSU sports medicine staff members and designated team physicians must read and sign the BGSU medical staff concussion statement acknowledging that they:

(i) Have read and understand the NCAA concussion fact sheet;

(ii) Have read and understand the BGSU "Concussion and Head Injury Management Guidelines."

(2) Reducing exposure to head trauma

Bowling Green state university is committed to student-athlete health and safety. To that end, Bowling Green state university will be proactive in efforts to minimize exposure to head trauma. The following procedures are in place:

(a) Bowling Green state university teams will adhere to existing ethical standards in all practices and competitions.

(b) Using playing or protective equipment (including the helmet) as a weapon will be prohibited during all practices and competitions.

(c) Deliberately inflicting injury on another player will be prohibited in all practices and competitions.

(d) All playing and protective equipment (including helmets), as applicable, will meet relevant equipment safety standards and related certification requirements.

(e) Bowling Green state university will keep the head out of blocking and tackling in contact/collision, helmeted practices and competitions.

(3) Pre-participation assessment

Annually, all NCAA student-athletes will undergo a pre-participation baseline concussion assessment before each season. This pre-participation assessment will, at a minimum, include assessment for the following:

(4) Recognition of concussion

A member of the Bowling Green state university medical team with training in the diagnosis, treatment and initial management of concussion will be present at all NCAA competitions in the following contact/collision sports: men's and women's basketball; football; ice hockey; men's and women's soccer).

NOTE: to be present means to be on site at the venue or arena of the competition.

A member of the Bowling Green state university medical team with training in the diagnosis, treatment and initial management of concussion will be available at all NCAA practices in the following contact/collision sports: men's and women's basketball; football; ice hockey; men's and women's soccer).

NOTE: to be available means that, at a minimum, medical personnel can be contacted at any time during the practice via telephone, messaging, email, beeper or other immediate communication means. Further, the case can be discussed through such communication, and immediate arrangements can be made for the athlete to be evaluated.

(5) Diagnosis of concussion

Symptoms of concussion include, but are not limited to:

(a) Physical symptoms of headache, nausea, balance problems, dizziness, visual difficulty, fatigue, sensitivity to light, sensitivity to noise, headache, feeling "out of it" or "foggy," vision changes, feeling dazed or stunned;

(b) Cognitive symptoms of feeling mentally foggy or slowed down, difficulty concentrating, difficulty remembering, forgetfulness, confusion, feeling slow;

(c) Emotional symptoms of irritability, sadness, nervousness, feeling more emotional;

(d) Sleep symptoms of drowsiness, sleeping more or less than usual, difficulty falling asleep.

Visible signs of concussion include but are not limited to: lying motionless; unconsciousness; vomiting; vacant look; slow to get up; balance difficulty or incoordination; clutching the head.

(6) Response to apparent concussion

If an athlete, teammate, coach, official or member of the medical staff identifies signs, symptoms or behaviors consistent with concussion, the following will take place immediately:

(a) The athlete must be removed from practice or competition for evaluation.

(b) The athlete must be evaluated by a member of the medical team with concussion experience.

(c) The athlete must be removed from practice/play for that calendar day if concussion is confirmed. The athlete can return to competition if a suspected concussion is not diagnosed as a concussion.

(7) Emergency action plan

An emergency action plan will be in place for any suspected or diagnosed concussion. This plan includes rehearsed arrangements for emergency medical transportation. The emergency action plan will be activated for any of the following:

(a) Glasgow coma scale < 13.

(b) Prolonged loss of consciousness.

(c) Focal neurological deficit suggesting intracranial trauma.

(d) Repetitive emesis.

(e) Persistently diminished/worsening mental status or other neurological signs/symptoms.

(f) Spine injury.

(8) Post-concussion management

Because concussion may evolve or manifest over time, for all suspected or diagnosed concussions, there will be in place a mechanism for serial evaluation of the athlete.

For all cases of diagnosed concussion, the athlete and another responsible adult will be provided oral and/or written care regarding concussion management. Such instructions must be documented.

As most athletes with concussion have resolution of symptoms in seven to ten days, all athletes who have prolonged recovery more than two weeks will be re-evaluated by a physician. Such re-evaluation will be performed to confirm the concussion diagnosis, or to consider co-morbid or post-concussion diagnoses such as: sleep dysfunction; migraine or other headache disorders; mood disorders such as anxiety and depression; ocular or vestibular dysfunction; cervicalgia/neck pain; other post-concussion diagnoses.

(9) Return to sport

Each return-to-play plan will be individualized and supervised by a Bowling Green state university health care provider with expertise in concussion management. Final determination of return-to-play will be made by the Bowling Green state university physician or their qualified physician designee.

(10) Return to learn

Returning to academic activities after a concussion is a parallel concept to returning to play after concussion. After concussion, brain energy may not be available to perform normal cognitive exertion and function. The return-to-learn concept should follow an individualized and step-wise process overseen by a point person within the athletics department, who will work in conjunction with a multidisciplinary team. The Bowling Green state university multidisciplinary team may vary student-to-student, depending on the difficulty in returning to a normal school schedule. Such team may include, but not necessarily be limited to:

(a) Team physician.

(b) Athletic trainer.

(c) Neuropsychologist consultant.

(d) Faculty athletics representative.

(e) Academic advisor(s).

(f) Course instructor(s).

(g) College administrators.

(h) Office of assessibility services.

(i) Coaches.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/20/2015, 4/14/2017

Rule 3341-8-02 | Courtesy Cars.

• Effective: October 15, 2019
• Promulgated Under: 111.15

(A) Policy statement and purpose

This policy recognizes that the department of intercollegiate athletics may enter into agreements with local auto dealerships to receive courtesy cars for business and incidental personal use by that department's coaches and staff in return for admission to university athletic events. Its purpose is to establish criteria for those agreements and for the assignment and use of courtesy cars.

(B) Policy scope

This policy applies to all courtesy car arrangements. It does not apply to vehicles purchased or leased by the university or to rental cars.

(C) Policy definitions

For the purpose of this policy, a "courtesy car" is a motor vehicle owned by an auto dealership and provided to the department of intercollegiate athletics for use by that department's coaches and staff.

(D) Policy

(1) Courtesy car agreement

Each courtesy car must be the subject of a separate agreement approved as to legal form by the office of general counsel and signed by the director of intercollegiate athletics and the dealership that owns the car. Each agreement will identify the car provided, specify any maintenance requirements for the car, and describe the athletic tickets and any other consideration to be provided by the department of intercollegiate athletics in return for the use of the car.

(2) Assignment of a courtesy car

The director of intercollegiate athletics is authorized to assign courtesy cars to subordinate employees. The president is authorized to assign a courtesy car to the director of intercollegiate athletics. If a courtesy car is assigned, any vehicle stipend will be discontinued for the duration of the assignment, which may be revoked at any time in the discretion of the director or president.

(3) Use of a courtesy car

A courtesy car is to be used by the assigned university employee only, and primarily for business purposes and commuting to and from work. The assigned employee shall not use the courtesy car for towing or to transport pets or other animals, shall not use tobacco in the car, and must return the car to the department of intercollegiate athletics (or the dealership, if so directed) clean and in good condition.

(4) Recordkeeping and taxes

The department of intercollegiate athletics will provide a copy of each signed courtesy car agreement to the controller's office. Each employee who is authorized to use a courtesy car will keep records of all business and personal use of the vehicle and provide those records and any other requested documentation to the controller's office. Personal use of a courtesy car will be treated as taxable income to the employee as determined by the controller's office.

(5) Insurance

(a) The department of intercollegiate athletics will provide a copy of each signed courtesy car agreement to the director of risk management.

(b) The university will provide insurance coverage for the assigned employee's use of the courtesy car while engaged in the course of their employment or official responsibilities for the university.

(c) The university may elect to make the assigned employee responsible for insurance coverage for their personal use of the courtesy car or may provide the insurance coverage itself. If the courtesy car agreement includes insurance requirements, the associate AD for internal affairs (or designee) is responsible to verify that the assigned employee's insurance complies with those requirements.

(d) Deductible payments related to any damage resulting from the assigned employee's personal use of a courtesy car shall be the sole responsibility of the assigned employee.

(6) Maintenance and damage

(a) The assigned employee is responsible for all maintenance of the courtesy car in accordance with the courtesy car agreement.

(b) The assigned employee must promptly report any damage to the courtesy car to the associate AD for internal affairs. It is the assigned employee's responsibility to coordinate repairs with the dealership that provided the car.

Supplemental Information

Authorized By: 3345
Amplifies: 3345

Rule 3341-8-03 | Student-athlete compensation for use of name, image, and likeness.

• Effective: August 6, 2021
• Promulgated Under: 111.15

(A) Policy statement and purpose

Executive order (EO) 2021-10D allows student-athletes to seek and receive compensation for the use of their name, image, and likeness, subject to certain requirements. It also allows institutions of higher education to establish policies to address any failure to comply with those requirements. The purpose of this policy is to enforce that executive order and any subsequent state or federal legislation as applicable.

EO 2021-10D does not allow student-athlete compensation in exchange for athletics performance (pay-for-play) or as an inducement to attend BGSU (impermissible recruiting inducement). Those matters remain subject to NCAA and other athletic authority prohibitions.

(B) Policy scope

This policy applies to all BGSU student-athletes in all matters related to compensation for the use of their name, image, or likeness.

(C) Policy definitions

(1) Compensation

"Compensation" means any form of payment or remuneration, including but not limited to cash, gifts, in-kind items of value, social media compensation, payments for licensing or use of publicity rights, and payments for other intellectual or intangible property rights.

It does not mean educational expenses or any financial aid, benefits, or awards provided to a student-athlete in accordance with rules of an athletic association; federal or state grants or scholarships; or payment of wages and benefits to a student-athlete for work actually performed (other than for athletic ability or participation in intercollegiate athletics), provided that the wages and benefits correspond to the prevailing rate for similar work in the Bowling Green area.

(2) Name, image, and likeness

"Name" means the first name, last name, or nickname of the student-athlete when used in a context that reasonably identifies the student-athlete with particularity.

"Image" means a picture of the student-athlete.

"Likeness" means a physical, digital, or other depiction or representation of the student-athlete.

(3) Student-athlete

"Student-athlete" means an individual who engages in or is eligible to engage in an intercollegiate athletics program at BGSU but does not include for a particular intercollegiate sport an individual who is permanently ineligible to participate in that sport.

(D) Policy

(1) Required pre-contract review and approval

A student-athlete who intends to enter into a verbal or written contract providing compensation to them for use of their name, image, or likeness must disclose the proposed contract to the associate athletic director for compliance or their designee (AADC) for review for compliance with this policy before agreeing to the contract.

As part of the review process, the AADC will determine whether the proposed contract conflicts with a provision of a contract to which BGSU is a party, such as an exclusive sponsorship contract. If there is a conflict, the AADC will provide the conflicting contract provision to the student-athlete. The student-athlete shall not enter into the proposed contract but may negotiate a revision to it to avoid the conflict. The AADC will review the revised proposed contract to verify that the conflict is eliminated and otherwise ensure compliance.

A student-athlete shall not enter into a verbal or written contract providing compensation to them for use of their name, image, or likeness or accept any compensation or provide any deliverables or services under such a contract until it has been reviewed and approved by the AADC.

(2) Official team activities

A student-athlete shall not enter into a verbal or written contract that compensates them for use of their name, image, or likeness if the contract requires the student-athlete to display a sponsor's product, or otherwise advertise for a sponsor, during any official team activities.

(3) Activities inconsistent with the university's mission

BGSU student-athletes are highly visible representatives of their teams and the university and are expected to conduct themselves in a professional manner that reflects the highest standards of athletic excellence and upholds the integrity of the university. Accordingly, no student-athlete may enter into a verbal or written contract providing compensation to them for associating their name, image, or likeness with any of the following:

(a) Any company or brand that manufactures, distributes, or materially promotes the sale of a controlled substance, marijuana product, medical marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body. This category also includes anabolic steroids and any performance-enhancing drugs.

(b) Any medical marijuana cultivator, processor, laboratory, or retail dispensary.

(c) Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity.

(d) Any casino or entity that sponsors or materially promotes gambling activities, including but not limited to sports betting.

(4) Pay-for-play and impermissible inducement

A student-athlete shall not enter into a verbal or written contract that compensates them for use of their name, image, or likeness if the contract is with BGSU, any person or entity acting on behalf of BGSU, or any booster if it is in exchange for or as an inducement for athletic performance or attendance at BGSU.

For purposes of this section, a "booster" is a person or entity acting as a representative of BGSU's athletic interests. For example, a booster includes anyone who has provided a donation in order to obtain season tickets for any sport at the university; participated in or has been a member of an organization promoting the university's athletics programs; or made a financial contribution to or for the benefit of the department of intercollegiate athletics. For further information, see NCAA bylaw 13.02.15, representative of athletics interests.

(5) Athlete agent

A student-athlete is allowed to use an agent to assist with contracts for compensation for the student-athlete's name, image, and likeness. An agent used for that purpose must be registered under Ohio law (Chapter 4771. of the Revised Code) unless the agent is an immediate family member. Use of an agent for other sport-related purposes is generally prohibited by NCAA bylaws. For example, a student-athlete may not use an agent to market their athletic ability or reputation in their sport or to secure an opportunity as a professional athlete. A student-athlete who agrees to be represented by an agent for such purposes may jeopardize their intercollegiate eligibility.

(6) University intellectual property

No student-athlete may use BGSU intellectual property to earn compensation for the use of their name, image, or likeness without the prior written permission of the AADC. BGSU intellectual property includes, but is not limited to, BGSU's name, trademarks, service marks, logos, colors, and symbols, regardless of whether the intellectual property is registered. BGSU may refuse to grant permission in its sole discretion.

For clarity, this section does not prohibit a student-athlete on the roster of a BGSU intercollegiate athletic team from identifying themselves as a BGSU student and member of the team.

(7) Required education

In its discretion, BGSU may require student-athletes to participate in non-credit-bearing educational sessions on financial literacy, life skills, and related subjects as approved and provided by the university.

(E) Enforcement

Failure to comply with this rule will be treated as an offense against the university community and subject to proceedings under the code of student conduct. If a student-athlete is found responsible in those proceedings, in addition to any sanctions imposed under the code, the AADC has discretion to decline to approve future contracts disclosed by that student-athlete pursuant to this rule. The student-athlete may appeal this additional AADC sanction to the director of intercollegiate athletics, whose decision shall be final. Decisions regarding eligibility and the continuation of "Grant-In-Aid" will also be made by the university.

(F) Limitations

Approval of a proposed contract signifies that it complies with this policy only. The AADC and the university do not represent the student-athlete in relation to any contract or other legal matter. If a student-athlete seeks or receives compensation for the use of their name, image, and likeness it may adversely impact other matters: for example, need-based financial aid (such as a pell grant) or the visa status of an international student. Student-athletes are encouraged to obtain their own professional representation with respect to contracting for compensation for the student-athlete's name, image, and likeness.

Equity impact statement: The rule has been assessed for adverse differential impact on members of one or more protected groups.

Last updated August 6, 2021 at 9:31 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345