The NCAA News - News and Features

February 2, 1998

Legislative assistance

1998 Column No. 5Delayed implementation of 1998
NCAA Convention Proposal No. M-6

Division III institutions should note that during its January 21, 1998, telephone conference, the Division III Administrative Committee approved the delay of the effective date for 1998 NCAA Convention Proposal No. M-6 (Eligibility -- Division III 4-2-4 Transfer) to August 1, 1998.

During its July 28-29, 1997, meeting, the Division III Management Council discussed the intent of NCAA Bylaws 14.5.1.1, 14.5.4.3 and 14.5.5.3.1, which relate to eligibility for Division III transfer students. The Management Council expressed concern that such legislation did not adequately address situations involving two-year college transfer student-athletes who previously attended four-year institutions, particularly when the student-athlete was academically or athletically ineligible at the time he or she left the four-year institution. Thus, the Management Council, pursuant to its authority set forth in Constitution 5.4.1.1.1, amended the above-mentioned legislation to indicate that in order to be immediately eligible at the Division III institution, a student who has ever participated in intercollegiate athletics and transfers from a four-year institution to a two-year college and then to the Division III institution also must have been athletically and academically eligible had he or she remained at the previous four-year institution or must have successfully completed the two-year college degree program.

Initial notification of this modification was not communicated to the Division III membership until November 3, 1997, in The NCAA News. Inasmuch as member institutions did not receive notice of the modification until after the start of the academic year and given the negative impact its application would have on student-athlete enrolling for spring semester, the Division III Administrative Committee approved the delay of the implementation of Convention Proposal No. M-6 until August 1, 1998.

NCAA Bylaw 12.1.1.1.5
Payment based on performance

Member institutions should note that pursuant to Bylaw 12.1.1.1.5 (payment based on performance), an individual will become ineligible for intercollegiate competition in a particular sport if he or she receives any payment, including actual and necessary expenses, conditioned on the individual's or team's place, finish or performance or given on an incentive basis, or receives expenses in excess of the same reasonable amount for permissible expenses given to all individuals or team members involved in the competition.

During its meeting, the committees on student-athlete reinstatement (formerly known as the Eligibility Committee) determined that any student-athlete who receives prize money based on place finish in any sport after January 1, 1998, will be required, as a minimum condition for reinstatement, to repay the prize money based on place finish received after that date and, depending upon other impermissible actions taken by the student-athlete (e.g., accepting benefits from an agent, promoting the sale of a commercial product), may be subject to the imposition of additional conditions to regain his/her eligibility (e.g. return of the impermissible benefit, loss of competitive time). Further, if the student-athlete's receipt of prize money and other actions demonstrate a significant intent to professionalize himself or herself, it is possible that the student-athlete may not be reinstated and may not be eligible for intercollegiate competition at an NCAA member institution.

Finally, the committee determined that for student-athletes who intend to retain their eligibility to participate in intercollegiate competition in a particular sport, after January 1, 1998, they will only be able to accept money from the tournament organizers based on their actual and necessary expenses and not based on place finish. For those student-athletes to accept prize money based on place finish after January 1, 1998, they will be required to at least repay all prize money, regardless of the amount of the individual's actual and necessary expenses, in order to regain eligibility to participate in an NCAA athletics program.

This material was provided by the membership services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Richard C. Perko or Kristen L. Davis, membership services representatives, at the NCAA national office. This information is available on the Collegiate Sports Network.