National Collegiate Athletic Association |
The NCAA News - News and FeaturesJuly 20, 1998
Division I Board of Directors minutesFollowing are minutes of the April 21, 1998, meeting of the Division I Board of Directors at the Hyatt Regency Hotel in Indianapolis. All actions taken by the Board of Directors are included. Highlights of the meeting were reported in the April 27 issue of The NCAA News. 1. Selection of Temporary Chair. The Board noted that the chair, Kenneth A. Shaw, along with V. Lane Rawlins and Graham B. Spanier, was testifying in Kansas City in the trial of the case filed by restricted-earnings coaches and would be arriving in Indianapolis for the Board meeting as soon as possible. It was voted that Samuel H. Smith serve as temporary chair until Shaw's arrival. (Unanimous voice vote.) 2. Previous Minutes. The Board reviewed the minutes of its January 13, 1998, joint meeting with the Management Council and its January 13 Board meeting. It was voted that the minutes of the Board's January 13, 1998, meetings be approved as distributed. (Unanimous voice vote.) 3. Report of the January 13 Meeting of the NCAA Executive Committee. The Board took no formal action. 4. Report on Membership Response to Legislation Acted Upon by the Board at its January Meeting. The Board received a report regarding membership reaction to the legislative actions taken by the Board during its January meeting. It was noted that no proposal had received the minimum number of requests for an override vote. The Board took no action. 5. Report on the Financial Impact Resulting from Changes in Core-Course Review Procedures. The Board received a report that the Initial-Eligibility Clearinghouse Committee would submit a more detailed report to the Board after it obtains sufficient experience with the new procedures to determine the financial impact of the changes in the core-course review procedures. 6. NCAA Conventions. a. 1998 Convention Survey Results. The Board reviewed a summary of the results of the survey of the Division I membership concerning the 1998 Convention and future Conventions, and noted that the decrease in attendance by campus chief executive officers may indicate satisfaction with their representation by the Board members in the new governance structure. The Board also reviewed the interest of the Division I membership in attending division-specific forums, discussion sessions or breakout discussions and an interest in the executive director's state of the Association address, delegates reception and the honors dinner. It also was noted that there appeared to be no real interest in adding any other social or recreational activities or other Association-wide activities during the Convention, and that January seems to be the preferred time frame for the Convention for most of the groups surveyed. b. Preliminary Discussion of 1999 Convention. The Board discussed the structure of and approach to future Conventions, including programs and events, attendance expectations (including the attendance of chief executive officers), time frame and conference meetings.
7. Report of the April 14-15 Division I Management Council Meeting. Robert A. Bowlsby, Division I Management Council chair, reported on the actions taken by the Management Council during its April meeting. He noted, in addition to the following items, which required Board action, several items that would be of particular interest to the Board, including the Management Council's discussion of the problems associated with summer basketball recruiting, the Management Council's decision to appoint a representative of the Collegiate Commissioners Association as a nonvoting liaison to the Legislative Review/ Interpretations Subcommittee of the Academics/Eligibility/ a. Proposal No. 98-43 (MC1) -- (Playing and Practice Seasons -- First Contest Date -- Division I Basketball). The Board reviewed a recommendation from the Management Council that the Board use its authority to adopt "emergency," noncontroversial legislation to permit Division I institutions to participate in exhibition basketball contests against foreign teams and/or "club members" of USA Basketball on or after October 31. It was voted that the Board use its "emergency," noncontroversial authority to approve Proposal No. 98-43, effective immediately. (Unanimous voice vote.) b. Preseason Football Exemptions -- Conference Limitations. The Board reviewed a report that the Management Council, in its discussion of the application of Bylaw 30.10.2.10 to the participation of multiple teams from one conference in exempted preseason football contests, had agreed that there should be no penalty assessed as a result of the participation of more than one team from the same conference in the 1997 preseason games because there was conflicting information at that time about the application of the legislation, which had been adopted in 1996. The Board also received a report that the Management Council defeated a motion not to apply the provisions of Bylaw 30.10.2.10 to the 1998 exempted preseason games, which would have allowed more than one team from a conference to participate in the games, and referred to the Championships/Competition Cabinet the review of how teams will be selected in the future under Bylaw 30.10.2.10.
It was voted that the Board delete Bylaw 30.10.2.10, effective immediately, and request that the Championships/ c. Fencing Committee. It was voted that the Board, as recommended by the Management Council, extend a waiver of the subdivision representation restrictions in Constitution 4.8.1 for the Men's and Women's Fencing Committee. (Unanimous voice vote.) d. Consent Items -- Review of Legislative Proposals. The Board reviewed the following legislative proposals that had received second approval from the Management Council and took the following action: (1) Proposal No. 97-20 (MC2) -- Gambling Activities. The Board considered a proposal to specify that the provisions of 10.3 are applicable to staff members of member conferences. (2) Proposal No. 97-21 (MC2) -- Off-Campus Recruiting -- Men's Volleyball. The Board considered a proposal to permit two coaches in the sport of men's volleyball to contact and evaluate prospects off campus at any one time. (3) Proposal No. 97-22 (MC2) -- Telephone Calls -- Men's and Women's Basketball. The Board considered a proposal to permit institutions in the sports of men's and women's basketball to make one telephone call to a prospect [or the prospect's parents or legal guardian(s)] after June 20 of the prospect's junior year in high school; further, to permit only three telephone calls to a prospect [or the prospect's parents or legal guardian(s)] during the month of July following the prospect's junior year in high school, with the restriction that no more than one telephone call may occur per week. (Effective immediately.) (4) Proposal No. 97-23 (MC2) -- Evaluations -- De Minimis Violations. The Board considered a proposal to specify that violations of 13.1.9 shall not render a prospect ineligible while retaining the fact that such a violation shall be considered an institutional violation. (5) Proposal No. 97-24 (MC2) -- Unofficial Visit -- National Girls and Women in Sports Day. The Board considered a proposal to specify that National Girls and Women in Sports Day activities held on an institution's campus are exempt from the limitations on providing entertainment to a prospect. (6) Proposal No. 97-26 (MC2) -- Initial Eligibility -- Multiple High-School Attendance. The Board considered a proposal to permit the NCAA Initial-Eligibility Clearinghouse to receive the official transcript from a student's original high school(s) or the high school from which the student-athlete graduated for purposes of certifying the student's initial-eligibility core-curriculum requirements in those instances in which a student has attended multiple high schools. (Effective for all entering freshmen whose initial eligibility will be certified by the Initial-Eligibility Clearinghouse for the 1998-99 academic year and thereafter.) (7) Proposal No. 97-27 (MC2) -- Outside Competition -- Field Hockey. The Board considered a proposal to permit student-athletes in the sport of field hockey to compete on an outside team during the spring term outside the institution's playing and practice season under specified conditions. (8) Proposal No. 97-28 (MC2) -- Financial Aid -- Outside Sources. The Board considered a proposal to permit a student-athlete (recruited or nonrecruited) who is the recipient of a permissible outside financial aid award administered pursuant to 15.2.5.3 and 15.2.5.4 to receive such an educational award directly from the awarding agency, provided the aid is awarded prior to the recipient's initial enrollment at a member institution and the awarding agency provides written notification of the award to the institution. (9) Proposal No. 97-29 (MC2) -- Playing and Practice Season -- Swimming and Diving. The Board considered a proposal to permit a Division I student-athlete who is a diver to engage in diving practice sessions beyond the conclusion of the institution's swimming and diving playing season, provided any student-athlete does not engage in more than a 144-day playing and practice season. (10) Proposal No. 97-30 (MC2) -- Championships -- Emerging Sports. The Board considered a proposal to permit a National Collegiate Championship or a division championship to be established through the 2003-04 academic year for those emerging sports in which the Association does not already conduct a championship if at least 40 institutions sponsor the sport. (11) Proposal No. 98-10 (MC2) -- Academics/Eligibility/Compliance Cabinet -- Former NCAA Professional Sports Liaison Committee Functions. The Board considered a proposal to specify that duties of the former Professional Sports Liaison Committee should be coordinated by the Academics/Eligibility/Compliance Cabinet Subcommittee on Amateurism and Agents. (Effective immediately.) (12) Proposal No. 98-11 (MC2) -- Infractions Appeals Committee. The Board considered a proposal to permit the chair of the Division I Infractions Appeals Committee to request that the Division I Management Council designate a former member of the committee to participate in the consideration and disposition of a case if it appears that one or more members of the committee will be unable to participate in the hearing of that case. (Effective immediately.) It was voted that the Board give final approval to these legislative proposals as a consent package. (Unanimous voice vote.) e. Consent Items -- Review of Proposed Changes to Administrative/Executive Regulations. The Board reviewed the following amendments to Bylaw 30 (administrative regulations) as a consent package and took the following actions: (1) Proposal No. 98-27 (MC1) -- Playing and Practice Seasons -- Contest Exemptions -- Sports Other than Football. The Board considered a proposal that, in sports other than football, would require the NCAA institution sponsoring the exempted contest to be responsible for team selection, which must be open to all NCAA Division I members. (2) Proposal No. 98-28 (MC1) -- Playing and Practice Seasons -- Contest Exemptions -- Football. The Board considered a proposal to require the sponsoring organization of an exempted football contest to be an active or affiliated member of the Association; further, for exempted events in Alaska, Hawaii or Puerto Rico, the sponsoring agency must be an active NCAA member located in that state or territory. (3) Proposal No. 98-29 (MC1) -- Playing and Practice Seasons -- Contest Exemptions -- Sports Other than Basketball and Football. The Board considered a proposal that, in sports other than football and basketball, would prohibit an institution from participating in more than one certified exempted contest in the same sport during the same academic year. (4) Proposal No. 98-30 (MC1) -- Playing and Practice Seasons -- Contest Exemptions -- Sports Other than Football. The Board considered a proposal that, in sports other than football, would require the trademark of a contest, if any, to be held by an NCAA institution in order for the contest to receive certification as an exempted event. (5) Proposal No. 98-31 (MC1) -- Recruiting Calendar -- Football. The Board considered a proposal to add the month of September to the current fall evaluation period in which nine evaluation days may be used. It was voted that the Board give final approval to these legislative proposals as a consent package. (Unanimous voice vote.) f. Proposal No. 98-32 (MC1) -- NCAA Championships -- Sunday Competition. The Board reviewed a proposal recommended by the Championships/Competition Cabinet and approved by the Management Council to amend Bylaw 31.1.4, effective immediately, to eliminate the requirement that specifies that if a participating institution has a policy against Sunday competition, the championships schedule must be adjusted to accommodate that institution and to permit championship competition conducted on Sunday to begin prior to noon local time. The Board noted that Bylaw 31.1.4, in its current form, made no special accommodations for other religious or cultural observance similar to that provided for Sundays.
It was voted that the Board give final approval to the proposal. [For 10 (DiGiorgio, Fort, Gordon, Kirwan, Rawlins, Scanlan, Shaw, Spanier, Tyson, Wethington), against 0, g. Governance Structure -- Committee Representation. The Board received a report regarding the Management Council's referral of Proposal No. 98-33 (which would delete Constitution 4.8.1, the requirement that no subdivision of Division I shall have more than 50 percent representation on any Division I committee) to the cabinets for reaction and to an ad hoc subcommittee of the Management Council, which is charged with developing an effective compromise between the current rule and the proposal. The Board expressed its confidence that these groups would arrive at a satisfactory solution. h. Proposal No. 98-45 (MC1) -- (Provisional Membership Application Fee). The Board reviewed a recommendation from the Management Council that it use its authority to adopt "emergency," noncontroversial legislation to establish a nonrefundable $2,500 application fee (in addition to annual dues) as a requirement for provisional membership. It was voted that the Board use its "emergency," noncontroversial legislative authority to approve Proposal No. 98-45, effective immediately. (Unanimous voice vote.) i. Restricted-Earnings Coach -- Five-Year Limitation (Proposal No. 97-1). The Board reviewed a recommendation from the Management Council that it adopt legislation to eliminate the employment restrictions (i.e., five-year length of service, no previous employment as head or assistant coach in Division I) set forth in Bylaws 11.02.3.1 and 11.02.3.1.1 related to the restricted-earnings coach in the sport of basketball. The Board noted that this proposal (No. 97-1) had been circulated to the membership for comment and had received initial and second approval from the Management Council in the fall of 1997, prior to the Board's defeat of the proposal in October 1997. It was voted that the Board give final approval to the proposal. (Unanimous voice vote.) j. Report on the Status of Student-Athlete Employment Legislation (Proposal No. 98-9). (1) The Board considered a proposal to permit an academically eligible Division I student-athlete subsequent to the first academic year in residence at the certifying institution to earn legitimate on- and off-campus employment income during semester or term time, provided such income in combination with other financial aid included in the student-athlete's individual limit does not exceed the value of a full grant plus $2,000 at the institution; further, to permit a student-athlete to receive on- or off-campus employment earnings up to $2,000 without considering such aid to be institutional financial aid, provided the employment is not in the athletics department or an athletics facility (owned or operated by the athletics department). The Management Council had clarified the restrictions on employment in athletics facilities to permit employment earnings in the institution's recreational unit to be exempt from team and individual financial aid limits up to $2,000 and had given the proposal second approval. (2) The Board extensively discussed the benefits and disadvantages of the proposal. It was voted that the Board give final approval to the proposal. (Unanimous voice vote.) 8. Approval of Goals and Objectives in the Strategic Planning Process. The Board reviewed proposed goal statements and emphasis areas for use in the Division I strategic plan and received a report regarding Management Council concerns about specific language contained in the goals statements and the Management Council's desire to work with other individuals to develop language that is more active and engaging. It was noted that the Management Council expressed specific concerns about the goals statement for gender equity and diversity, student-athlete welfare, and championships, playing rules and competition, and that the Management Council recommended that the Board adopt the general goal areas without the specific language to allow the Strategic Planning Cabinet, Management Council and other individuals to develop language that is more active and engaging. It was voted that the Board adopt the general goal areas without the specific language to allow the Strategic Planning Cabinet to work with the Management Council and other groups, as appropriate, with the understanding that the Board would review the goals in more detail in August. (Unanimous voice vote.) 9. Report from the Board of Directors Budget Subcommittee. Rawlins presented the report of the subcommittee, including the budget time line, proposed strategic goals for assessing the budget, principles and guidelines, and recommended format changes to the budget. a. Budgeting Principles and Guidelines. It was voted that the Board approve the budgeting principles and guidelines recommended for Division I and recommend that the Executive Committee approve the budget time line, principles and guidelines on an Association-wide level, and the proposed goals. (Unanimous voice vote.) b. 1998 Preliminary Budget. It was voted that the Board approve a format for presentation of the 1998-99 budget for consideration at the August meeting, and request additional information about the Association's reserves and the NCAA's investment in the Foundation. (Unanimous voice vote.) 10. Report on the Department of Justice Review of Initial-Eligibility Standards. Elsa Kircher Cole, NCAA general counsel, presented a report on the status of continuing discussions with the Department of Justice concerning the review of accommodations for learning-disabled student-athletes regarding initial-eligibility standards. 11. Requests from the Division I Infractions Appeals Committee; Waiver of Constitution 4.8.1. The Board reviewed a request by the Infractions Appeals Committee that it waive the application of Constitution 4.8.1 regarding subdivision requirements for the committee. The committee sought the waiver to provide flexibility to ensure that the committee's composition remains appropriate for the nature of cases that come before the group and because the length of the committee members' terms already limit to some extent the ability to ensure that the committee's composition remains appropriate under Constitution 4.8.1. It was voted that the Board approve the request by the Infractions Appeals Committee to waive the application of Constitution 4.8.1 regarding subdivision requirements, with the understanding that all institutional members of the committee could not be from the same subdivision. (Unanimous voice vote.) 12. Other Business. a. Examination of Grant-in-Aid. The Board discussed the possibility of increasing grant-in-aid limits to permit a student-athlete to receive grant assistance up to the value of an institution's cost of attendance. It was voted that the Board request that the Management Council study the feasibility of increasing the maximum full grant-in-aid to the value of the institution's cost of attendance as a possible alternative to student-athlete employment during the academic year for full grant recipients. The Board noted that the study should include possible implications of increasing the grant-in-aid for student-athletes who receive partial grants-in-aid and requested that the Management Council submit a report to the Board in October. (Unanimous voice vote.) b. Administrative Review Subcommittee. The Board considered a motion to address the appropriate use of discretion by the Administrative Review Subcommittee, within parameters that may be set by the executive director, in reviewing appeals and/or waiver requests, with primary concern being given to the welfare of the student-athlete(s) involved. It was voted that the Board table the motion and request the staff to examine the circumstances and processes under which exceptions are currently granted. (Unanimous voice vote.) c. Federal Legislation Regarding Internet Gambling. The Board discussed U.S. Senate Bill 474 related to Internet gambling. It was noted that the NCAA has expressed support for the bill but that other members of the higher-education community have expressed concern with the proposed method of prohibiting Internet gambling. The Board noted that the NCAA and the higher-education community agree in principle on the problems associated with Internet gambling. The Board agreed that an NCAA representative should work with other higher-education organizations to review the language and application of the bill. d. Athletics Apparel Manufacturers. The Board discussed the conditions under which athletics equipment and apparel are manufactured internationally and requested that the staff report to the Board any recommendations or policies that relate to manufacturers that provide equipment, uniforms or shoes to intercollegiate athletics programs. 13. Closing Remarks. It was noted that this was William E. Kirwan's last meeting with the Board. The Board expressed appreciation for his dedication and service during his time with the Board, and wished him good luck in his new position at Ohio State University. 14. Future dates and sites. a. August 11, 1998, Hyatt Regency O'Hare, Chicago, Illinois. b. October 27, 1998, site to be determined. c. January 12, 1999, San Antonio, Texas (in conjunction with the 1999 NCAA Convention). |