The NCAA federal relations office continues to contact senators of both parties to ask them to speak in opposition to the Wellstone amendment on the Senate floor.

Letter sent to Sen. Coats confirming his commitment to strike four-year notification language from S. 1882.

On June 2, a letter was sent to Sen. Dan Coats, R-Indiana, from NCAA President Cedric Dempsey as a follow-up to a meeting on April 29 with Coats; Dempsey; Rep. Dennis Hastert, R-Illinois; Stan Ikenberry (president of ACE); and David Warren (president of NAICU). The purpose of the meeting was to discuss a provision included in both the House and Senate versions of the Higher Education Act Amendments of 1998. The provision would require colleges and universities to annually report any changes that may occur in any athletics programs over the ensuing four years and to report the reasons for the changes. Coats is sponsor of the provision in S. 1882.

At the April 29 meeting, Coats expressed concern over the appropriateness of the provision and said he would prefer that the issue of sports team discontinuation be addressed by conference report language instead of a federal mandate. Coats has subsequently agreed to work with other senators to "quietly" remove the provision. The letter from the NCAA thanked Coats for his open-mindedness in considering the position of the NCAA's member colleges and universities.

A similar House provision, sponsored by Hastert, was removed in a vote of 292-191 in a May 6 floor vote.

NACDA sends update and asks athletics directors to contact senators in opposition to Wellstone amendment.

On June 8, the National Association of Collegiate Directors of Athletics (NACDA) sent a fax to all member athletics directors with an update on the status of the Wellstone and Hastert amendments. Mike Cleary, NACDA's executive director, asked the athletics directors to contact their senators and urge them to oppose the Wellstone amendment.

ACE Board of Directors adopts a resolution on sports team discontinuation.

On May 21, the American Council on Education (ACE) Board of Directors adopted a resolution urging colleges and universities to examine other alternatives before discontinuing any athletics team and to place the welfare and well-being of the student-athlete at the center of their decision-making process in intercollegiate athletics programs. The one-page resolution was developed in consultation with the NCAA leadership and will be sent to the chief executive officers of all ACE member institutions.

Specifically, the resolutions call on institutions to:

ACE and the NCAA have been working together to address the issue of sports-team discontinuation as a result of interest expressed by Hastert and Wellstone, both former collegiate wrestlers, who have voiced concern about the decline in the number of teams fielded in certain sports. The ACE resolution will be brought before the NCAA for consideration in July and August.

Gender equity

Office for Civil Rights to define its position on acceptable athletics scholarship funding disparities under Title IX.

The Department of Education's Office for Civil Rights (OCR) has told the NCAA that it plans to release a document that will formally define the federal government's acceptable tolerance level between the percentage of total athletics scholarship dollars provided to women student-athletes and the percentage of women attending the postsecondary institution. The clarification may have been sparked by a complaint filed by the National Women's Law Center in June 1997 against 25 NCAA member institutions. The complaint claimed that the 25 institutions were, in part, in noncompliance with Title IX because the amount of total scholarship dollars those institutions provided women student-athletes was not proportional to the total numbers of women who were participating on campus sports teams.

Before the National Women's Law Center's complaint, much of the focus surrounding Title IX was placed on the extent to which women were participating in campus sports programs in relation to the number of women enrolled at the institution. The National Women's Law Center's complaint highlighted the even greater disparity between athletics scholarship funding levels awarded to men and women.

After June 1997, it was rumored that institutions were being informed that the 5 percent disparity permitted with respect to the participation numbers of women student-athletes and the number of women students on campus was not being recognized by OCR. It was understood that OCR was requiring exact proportionality and that this also applied to athletics scholarship funding levels.

In May 1998, OCR told the NCAA that it would issue written confirmation of its position related to the acceptable tolerance percentage between scholarship dollars provided women and the percentage of women attending the institution. Except for factors beyond the institution's control, such as a student who leaves the institution unexpectedly in the middle of the year, OCR is leaning toward requiring exact proportionality.

No actual date for the release of the new guidance has been set.

Letter of determination to be sent to many of the 25 schools identified by National Women's Law Center in Title IX complaint.

Later this month, OCR is expected to begin notifying institutions of their status related to the Title IX complaint filed last year by the National Women's Law Center. Complaints were filed against 25 NCAA Division I institutions that allegedly did not meet the proportionality and scholarship funding requirements under Title IX. OCR indicated that the first group of letters sent will clear some institutions of any violations while other letters will provide a directive to the institution to adopt certain changes to come into compliance with Title IX. A third group of institutions will be asked to enter into long-term compliance agreements with OCR.

Government Accounting Office conducting study on the effect of Title IX on men's sports opportunities.

The federal relations office has learned that the Government Accounting Office (GAO) is conducting a study on the effects of Title IX on men's athletics opportunities. The NCAA research staff has provided the GAO with information related to participation numbers. The report is being conducted at the request of Rep. Dennis Hastert, R-Illinois, and other members of Congress.

Resolution introduced in Ohio State Legislature urging U.S. Congress to amend Title IX and protect men's sports.

On May 14, Rep. James Jordan (D) introduced a resolution in the Ohio state legislature, HCR 51, that requests the Congress of the United States to amend Title IX of the Education Act Amendments of 1972. The resolution identifies the enforcement of federal regulations related to Title IX as the reason for the recent elimination of certain men's athletics teams, particularly track and field programs. The resolution urges Congress to amend Title IX to ensure that no federally funded educational institution is penalized if it retains men's athletics programs. The resolution also states that institutions should be permitted to retain men's programs even if such retention conflicts with certain federal guidelines pursuant to Title IX.

The legislation may have been sparked by the recent announcements of two Ohio universities, University of Cincinnati and Miami University (Ohio), that plan to drop several men's sports teams, including men's track and field programs.

Syracuse University prevails in Title IX lawsuit.

On April 3, the United States District Court for the Northern District of New York granted summary judgment to the Syracuse University and dismissed the Title IX claims of eight female student-athletes (seven were members of the club women's lacrosse team and one was a participant on the varsity women's softball team). The eight current and former student-athletes claimed the institution had failed to accommodate the athletics interests and abilities of its students and had also failed to provide equal athletics benefits to female club athletes.

The court found that the university did adequately accommodate the athletics interests and abilities of its students by satisfying the second prong of the three-part test -- demonstrating a history and continuing practice of program expansion. Also, the court did not find that the evidence showed that Syracuse treated men's club teams any differently than women's club teams. Both claims were dismissed.

Before the April 3 decision, two other claims brought by the plaintiffs were dismissed based on a lack of standing.

Oklahoma State University to add new women's sport before spring 1999.

Oklahoma State University announced plans to add women's teams in either rowing or equestrian before spring 1999. The new team will result in the university offering eight sports for both men and women. Officials reportedly believe that the new sport will help the school meet the proportionality prong of the three-part test related to Title IX compliance.

A decision on the new women's sports team will be made by July 1.

Academic standards and other higher education issues

NCAA signs consent decree with U.S. Department of Justice related to initial eligibility for students with learning disabilities.

On May 26, the U.S. Department of Justice and the NCAA signed a consent decree by which the NCAA will agree to alter initial-eligibility polices to allow the educational records of learning-disabled students to be more fairly assessed in determining eligibility to play sports at NCAA member institutions. The justice department began investigating the NCAA three years ago when a learning-disabled student-athlete brought a complaint against the NCAA. Subsequently, several other students filed complaints with the justice department, claiming they had not received proper accommodations pursuant to the Americans with Disabilities Act (ADA). Although the consent decree stated that the NCAA did not make an admission that the ADA applied to the organization, the NCAA did agree that all students should be treated fairly and that the determination of initial eligibility should be conducted in a manner that accurately assesses the learning-disabled student's likelihood of success in college based on whatever scale was appropriate for that student.

The justice department acknowledged that over the course of its investigation, the NCAA had made numerous changes to accommodate the needs of student-athletes with learning disabilities. The consent decree notes that the "NCAA has engaged in good faith negotiations with the United States in seeking to resolve this matter." In addition to changes the NCAA has already made, the NCAA agreed to:

The signing of the consent decree marked the conclusion of the justice department's investigation and the NCAA's practices were determined to be in compliance of the ADA.

Department Of Education response to NCAA inquiry on FERPA issues expected next month.

The federal relations office has contacted the U.S. Department of Education regarding the status of a response to a letter the NCAA sent last year. In February 1997, NCAA President Cedric Dempsey and members of the federal relations office met with LeRoy Rooker, director of the Family Policy Compliance Office at the education department, to discuss issues related to third-party disclosure of student records. The education department is responsible for monitoring compliance with the Family Educational Rights and Privacy Act (FERPA). After the meeting, the NCAA sent a follow-up letter requesting a response from the Family Policy Compliance Office to several questions. On May 21, the federal relations office was told that a response would be forthcoming within 30 days.

Sen. Specter seeks to expand campus crime reporting.

On May 20, Sen. Arlen Specter, R-Pennsylvania, introduced S. 2100 to expand both the types of campus crimes reported (under the Campus Security Act) by institutions and the locations colleges and universities must monitor. S. 2100 would provide more enforcement power to the U.S. Department of Education by allowing it to fine institutions up to $25,000 for each reporting violation.

Under Specter's bill, the definition of campus would be expanded to include any building or property owned and controlled by the institution or by a student organization recognized by the institution and any public property -- sidewalks, streets and parking lots -- that provides access to the institution. All dormitories on or off campus, owned or operated by the college, would be included. Currently, sidewalks and other public land are excluded from the education department's definition of a campus for crime reporting purposes.

Specter also wants campus data to include crimes from the current calendar year and the previous two calendar years.

S. 2100 is currently pending before the Senate Labor and Human Resources Committee.

SAT scores as a predictor of success questioned.

According to a May 26 article in The New York Times, the Educational Testing Service, which designs the Scholastic Aptitude Test (SAT), has found that students who score over 1,000 on the SAT can handle the work at highly selective schools. Furthermore, a study of Harvard alumni indicates that successful alumni had lower SAT scores and came from lower economic backgrounds. Analysis of information on alumnae -- past and present -- could provide additional guidance to institutions in their admissions process and rebut assertions that those students with high SAT scores are more qualified than those with lower scores.

Amateur Sports Act

Sen. Stevens introduces legislation.

On May 22, Sen. Ted Stevens, R-Alaska, introduced the Amateur Sports Act reauthorization (S.2119). The legislation is intended to update the federal law governing the United States Olympic Committee (USOC) and the USOC's relationship with other amateur sports organizations. Stevens is asking the athletics community to comment on the bill.

S. 2119 makes changes in nearly every section of the existing Act except Section 206, which addresses the jurisdiction of amateur sports organizations over their own student-athletes and competitions (which includes the NCAA). The summary of the legislation, however, does indicate that the committee report, which will accompany the legislation after the Senate Commerce Committee approves it, will include directives in this area. The USOC Athletes Advisory Council has recommended that certain student-athletes be exempted from their own governing organization's rules if they are participating in or training for the Olympics. The NCAA opposed this change.

A brief summary of S. 2119:

NCAA provides Sen. Stevens with comments on S. 2119.

On June 12, the NCAA responded to Stevens with comments on the legislation and the accompanying committee report language which was provided to the NCAA confidentially by an outside source. The NCAA noted two primary objections to the bill and its proposed report language. First, the NCAA is concerned that the establishment of an ombudsman to represent athletes in disputes with their organizations appears to include NCAA student-athletes. Second, the NCAA objects to the tone and substance of the committee report language that implies that the NCAA is inflexible in allowing student-athletes to train and compete on outside athletics teams. The language recommends that the NCAA exempt international athletes from their rules to allow them to compete and train with outside teams without restrictions while maintaining an athletics scholarship at a college or university. The NCAA letter asked that changes be made in these two areas before work on the legislation is completed.

The committee is expected to markup S. 2119 later this month.

National Youth Sports Program

Fiscal year 1999 funding.

The House and Senate are moving toward a mid-June markup of the Community Services Block Grant program, including the National Youth Sports Program (NYSP). The program expires on September 30, 1998. If it is not reauthorized, no funds can be appropriated for the program. Although the program will probably be reauthorized, changes could be made that would fundamentally alter the structure of the program. A letter is being circulated in the House of Representatives seeking $15 million for NYSP in fiscal year 1999.

Funding for fiscal year 1999 seems to be on track with House Appropriations moving forward in late June.

Reauthorization update.

On June 11, a statement on NYSP was transmitted to the House and Senate Committees with jurisdiction over the continued authorization of NYSP. The statement is to be included in the hearing record on the reauthorization of the Community Services Block Grant programs. The statement supports the continuation of the discretionary program under the Community Services Block Grant that allows the Department of Health and Human Services to make a grant to NYSP. Both the House and Senate Committees will consider the legislation before the end of June.

The staff of Sen. Dan Coats, R-Indiana, informed the NCAA that he was recommending a change in the authorizing language that governs NYSP. Specifically, Coats intends to open the competition to individual colleges and universities and community-based organizations such as the Boys and Girls Clubs. Currently the competition is open to national or regional entities only. If the change prevails, the Secretary of the Department of Health and Human Services would be required to determine if the grant should continue to go to one national organization, several regional or many local sites. A meeting with the staff of the House Committee will determine plans on this new direction.

Miscellaneous

Satellite royalty fee -- legislative update.

On June 17, the House Telecommunications Subcommittee will markup legislation, H.R. 2921, that would stay for a year an increase in the copyright fees that satellite television providers pay for the retransmission of distant signals. The U.S. Copyright Office last summer approved an increase in the satellite royalty fees to 27 cents per subscriber per month. The old rates ranged from 6 cents to 17.5 cents per month.

As a copyright holder, the NCAA (on behalf of its member institutions) has been in strong opposition to efforts to roll back the rates. Sen. John McCain, R-Arizona, has introduced similar legislation that would stay the increase in satellite royalty fees for one year.

Athlete agent records subpoenaed by the Securities and Exchange Commission.

According to news reports, the Securities and Exchange Commission (SEC) has subpoenaed the records of at least three athlete agents as part of an investigation into the role agents play in their clients' investments. The investigation, which was launched late last year, is aimed at examining two types of violations: (1) agents advising their clients on securities when they are not registered with the SEC as investment advisors; and (2) agents and financial planners not disclosing working relationships to their clients.

It is anticipated that the SEC will eventually subpoena all top athlete agents. In May, the National Football Players Association (NFLPA) sent a letter to its member agents notifying them that the NFLPA had been subpoenaed by the SEC and had cooperated by providing access to agents' files.

Athlete agent is fined and ordered to perform community service for violating state law in Pennsylvania.

On June 11, Jeffrey Nalley pleaded no contest to unlawful activity by an athlete agent. Nalley received one-year probation, was fined $10,000, and ordered to perform 100 hours of community service at the discretion of Pennsylvania State University football coach Joe Paterno. Nalley was charged after providing former Penn State running back Curtis Enis with more than $1,100 in clothing.

A Penn State official indicated that the university is not interested in helping Nalley complete his sentence.