The NCAA News - News and Features

February 16, 1998

Division III interim bylaw-revision processes described

Recent developments with Division III legislation have highlighted aspects of the legislative process that may not be widely understood at member institutions.

Following are descriptions of the process for enacting noncontroversial legislative amendments (under Constitution 5.3.1.1.1) and of the Division III interpretation process (Constitution 5.4.1.1 and 5.4.1.2.3), including the provision for modification of the wording of legislation based on intent (Constitution 5.4.1.1.1).

Noncontroversial amendments

The Division III Presidents Council and Management Council may adopt noncontroversial legislative amendments in the interim between Conventions. These amendments must be "clearly necessary to promote the normal and orderly administration of the division's legislation," and legislation pertaining to recruiting or eligibility may not be adopted in this manner.

The amendments must be adopted by a three-fourths majority of the Council's members who are present and voting.

Such amendments take effect immediately upon notification to members. Notification occurs by publication of the amendment in The NCAA News.

If passed by the Division III Management Council, these amendments must then be submitted to the Division III Presidents Council for ratification. The legislation then is sponsored at the next annual Convention, where delegates are asked to confirm the adoption of the amendments.

Modification of wording

Modification-of-wording legislation, also known as "consistent-with-intent legislation," follows a similar process, but it may also deal with eligibility or recruiting issues.

In addition to its general authority to make binding interpretations of NCAA legislation, the Division III Management Council can interpret legislation consistent with the intent of the membership in adopting it.

Proposal M-6, a recent proposal regarding eligibility of Division III transfer students that was confirmed at the 1998 Convention, is an example of this type of legislation.

Sufficient documentation and testimony must be available to clearly establish that the existing wording is inconsistent with the membership's intent in adopting the legislation in the first place. Typically, there is something about the way the legislation is written that keeps it from fulfilling the sponsor's intent.

As with noncontroversial legislation, the interpretations must be adopted by a three-fourths majority of the Council's members who are present and voting. It then must be ratified by the Presidents Council.

Convention confirmation

Division III members annually receive an Official Notice of the Convention prior to the event. Within the notice is a blue-colored section that contains the appendices. This is where delegates will find a listing of all noncontroversial and modification-of-wording legislation adopted by the Division III Management Council and ratified by the Presidents Council since the last Convention.

These actions are referenced in the oral reports of the Presidents Council and the Management Council during the Division III business session, and acceptance of those reports constitutes approval of these actions for incorporation in the next year's NCAA Division III Manual.

If a delegate objects to the incorporation of a particular amendment, that objection should be raised at the time of the Presidents and Management Council's reports or during the voting segment of the Division III business session. The Division III membership will then decide, by majority vote of eligible voters, whether to incorporate the amendment in question.

Interpretation process

In the interim between meetings of the Presidents Council and Management Council, the Division III Committee on Interpretations and Legislation is empowered to make interpretations of the constitution and bylaws. These "official" interpretations take effect immediately upon notification to members. Notification occurs by publication in The NCAA News.

The Management Council reviews these interpretations, and it may approve, reverse or modify the committee's interpretations. The interpretations and legislation committee is not permitted to revise interpretations that have been approved by the Management Council.

"When the members ask a question about an interpretation, it goes through the membership services staff and then comes to the Committee on Legislation and Interpretation for review," said committee chair Suzanne Coffey, director of athletics at Bates College. "We have the opportunity to take a hard look at the legislation and clean up as much of that language as possible by offering an interpretation of the legislation that will help the member better understand what the bylaws mean.

"The committee doesn't have the power to rewrite legislation, but it does have the opportunity to recommend clean, easier-to-understand language," Coffey said.

A member institution may appeal a decision of the interpretations and legislation committee to the Management Council. The appeal must be in writing and submitted by the institution's chief executive officer, faculty athletics representative or director of athletics.

All interpretations approved by the Management Council must ultimately be ratified by the Presidents Council.

Members should check the Legislative Assistance column, found on the back page of The NCAA News, for regular legislative updates regarding noncontroversial amendments, modification-of-wording interpretations and other legislative matters.