The NCAA News - News and Features

September 14, 1998

Noncontroversial legislative proposals

Division II

The NCAA Division II Management Council has determined, pursuant to NCAA Constitution 5.3.1.1.1, that the following proposals are noncontroversial and necessary to promote the normal and orderly administration of the Association's legislation. The Division II Management Council, by a two-thirds majority of its members present and voting, shall have the authority to recommend the adoption of noncontroversial amendments, subject to ratification by the Division II Presidents Council. Proposals that are ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted by the Presidents Council as legislation at the 1999 NCAA Convention. Those items the Management Council has not yet reviewed in legislative form are marked with an asterisk (*).

Legislative citations and governing bodies are reflected as they now appear in the 1998-99 Division II NCAA Manual. Further, inasmuch as a federated provision may be amended separately by each division, all federated proposals will be reflected as a division-only voting line.

Bold type indicates new wording; italicized type indicates wording removed

NO. 1 PROVISIONAL MEMBERSHIP -- DIVISION II

Intent: To specify that the Division II Management Council may grant credit to an institution for a portion of the educational period (i.e., the first and second years of the four-year provisional membership period) the institution already has completed as a provisional member, provided the educational portion was completed within the last 10 years.

Constitution: Amend 3.6.1.2.1 by adding new 3.6.1.2.1.1, page 17, as follows:

"3.6.1.2.1.1 Credit for Time Completed Previously as Provisional Member. The Management Council, by a two-thirds majority of its members present and voting, may grant credit to an institution for any portion of the first two years of the four-year provisional period, or components of the requirements of such years, the institution previously completed as a provisional member, provided the portion or component was completed within the last 10 years."

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 2 PROVISIONAL MEMBERSHIP -- APPLICATION FEE

Intent: To establish a $2,500 application fee (in addition to annual dues) as a requirement for provisional membership.

Constitution: Amend 3.6.3.2, page 18, as follows:

"3.6.3.2 Application. An institution desiring to become a provisional member of this Association shall apply on a form available from the national office on or before June 15. A nonrefundable application fee in the amount of $2,500 shall accompany the application form. In addition, a check in the appropriate amount for annual dues (see the current annual dues for active members per 3.7.3) also shall accompany the application. Should the applicant fail to qualify academically or fail election, the dues paid shall be refunded."

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 3 EDUCATIONAL ASSESSMENT PROGRAM -- DIVISION II

Intent: To include the four-year calendar of activities for provisional members as set forth in the Division II provisional member education assessment program.

Constitution: Amend 3.6.4, page 18, renumbering subsequent sections, as follows:

"3.6.4 Conditions and Obligations of Membership

[3.6.4.1 and 3.6.4.2 unchanged.]

"3.6.4.3 Educational Assessment. During the provisional membership period, a Division II provisional member shall complete an NCAA educational program regarding requirements for active membership status in Division II. Provisional members are required to complete the following educational activities during the provisional membership period [see Figure - (calendar of provisional member activities)]:

"(a) Year One:

"(1) Presidential visit;

"(2) Attend Convention orientation session;

"(3) Attend NCAA regional rules seminar; and

"(4) Submit first annual report, including completion of the ISSG.

"(b) Year Two:

"(1) Complete rules awareness self-evaluation;

"(2) Attend open forum at Convention;

"(3) Attend NCAA regional rules seminar; and

"(4) Submit second annual report.

"(c) Year Three:

"(1) Complete self-assessment checklist;

"(2) Attend open forum at Convention;

"(3) Attend NCAA regional rules seminar; and

"(4) Submit third annual report, including certification by chief executive officer that the self-assessment checklist has been completed.

"(d) Year Four:

"(1) Attend open forum at Convention;

"(2) Attend NCAA regional rules seminar and verify completion of provisional member activities; and

"(3) Submit fourth annual report, including certification by chief executive officer that provisional member activities have been completed.

"3.6.4.4 Convention and Regional Seminar Attendance. A representative from a provisional institution shall attend the annual Convention of the Association. Provisional members of Divisions I and II also shall attend at least one regional compliance seminar each year conducted by the NCAA or a member conference."

[3.6.4.5 and 3.6.4.6, renumbered as 3.6.4.4 and 3.6.4.5, unchanged.]

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 4 PROVISIONAL MEMBERSHIP -- LOSS OF PROVISIONAL MEMBERSHIP -- DIVISION II

Intent: To specify penalties and waivers that may be imposed upon an institution during the four-year provisional membership period.

Constitution: Amend 3.6.5, pages 18-19, renumbering subsequent sections, as follows:

"3.6.5 Loss of Provisional Membership

"3.6.5.1 Termination Failure to Meet Provisional Membership Requirements. The membership of any provisional member failing to meet and maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership set forth in Constitution 3.6.4 may be required to repeat a year of provisional membership, placed in corresponding membership or terminated, by a two-thirds vote of the Management Council members present and voting. A notice of intention to terminate membership, stating the grounds on which such a motion will be based, shall be given in writing to the chief executive officer of the member institution.

"3.6.5.1.1 Repeat of Provisional Membership. The Management Council, by a two-thirds majority of members present and voting, may require a provisional member to repeat any one of the four years of the provisional membership period. An institution may repeat one of the four years only one time during the four-year provisional membership period.

"3.6.5.1.2 Waiver. An institution may appeal to the Management Council for a waiver of the provisional member educational assessment program requirements (see Constitution 3.6.4) based on a failure to meet the requirements due to circumstances beyond the control of the institution. Such an appeal must be filed prior to June 1 of the academic year in which the institution failed to fulfill the requirements.

"3.6.5.1.3 Management Council Jurisdiction. Decisions made by the Management Council in regard to an institution's standing as a provisional member are final and may not be appealed.

"3.6.5.2 Cessation of Rights and Privileges Termination. All rights and privileges of the provisional member shall cease upon any termination of provisional membership. Any provisional member whose membership is terminated may reapply for membership after a period of one year.

"3.6.5.3 Noncompliance. If a provisional member, during its compliance period, no longer meets the requirements of the constitution, bylaws and other legislation of this Association, it shall be reclassified immediately as a corresponding member.

[3.6.5.4, renumbered as 3.6.5.3, unchanged.]

"3.6.5.5 Reinstatement of Terminated Member. Any provisional member whose membership is terminated may reapply for membership after a period of one year by a two-thirds vote of the Management Council members present and voting."

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 5 DIVISION II MANAGEMENT COUNCIL -- DUTIES AND RESPONSIBILITIES

Intent: To delegate full authority to the Division II Management Council to hear and review decisions on infractions appeals and Administrative Review Subcommittee cases.

Constitution: Amend 4.6.2, page 25, as follows:

"4.6.2 Duties and Responsibilities. The Division II Management Council shall:

[4.6.2-(a) through 4.6.2-(i) unchanged.]

"(j) Hear and act upon appeals of the findings of major violations by the Division II Committee on Infractions involving Division II institutions, subject to ratification by the Division II Presidents Council;

"(k) Review appeals by member institutions of decisions made by a Division II committee (excluding actions of the Eligibility Committee and the Committee on Infractions) or the NCAA staff regarding the application of NCAA legislation to a particular situation, subject to ratification by the Division II Presidents Council; and"

[Remainder of 4.6.2 unchanged.]

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 6 PLAYING AND PRACTICE SEASONS -- WOMEN'S ICE HOCKEY -- DIVISION II

Intent: To permit women's ice hockey teams to participate beyond the end of the playing season and to compete in more than the permissible number of contests if chosen to be involved in the new national championship tournament hosted and organized by the American Women's College Hockey Alliance.

A. Bylaws: Amend 17.1.9, pages 190-193, as follows:

"17.1.9 General Regulations for Computing Playing Seasons Applicable to All Sports

[17.1.9-(b) through 17.1.9-(f) unchanged.]

"(g) Non-NCAA Postseason Championships Participation. Practice and/or competition in non-NCAA (or non-NAIA) postseason championships (e.g., an invitational tournament scheduled after a conference championship) must be counted against the institution's declared playing-season limitation; except that practice and competition for one postseason championship in each non-NCAA championship sport used for sports sponsorship purposes pursuant to Bylaws 20.8.3.2.1 (Division I), 20.9.3.4.1 (Division II) or 20.10.3.1.1 (Division III), and, in Division I, practice and competition for the National Invitational Softball Championship in softball, and practice and competition for the National Invitational Volleyball Championship in volleyball are exempt from the institution's declared playing-season limitation in the sport. In Division II, competition in the American Women's College Hockey Alliance National Championship tournament is exempt from the institution's declared playing-season limitation; and"

[Remainder of 17.1.9 unchanged.]

B. Bylaws: Amend 17.13.5.3, pages 225-226, as follows:

"17.13.5.3 Annual Exemptions. The maximum number of ice hockey contests shall exclude the following (see Figure 17-16):

[17.13.5.3-(a) and 17.13.5.3-(b) unchanged.]

"(c) Season-Ending Tournaments

[17.13.5.3-(c)-(2) unchanged.]

"(3) American Women's College Hockey Alliance Championship. Competition in the American Women's College Hockey Alliance national championship tournament."

[17.13.5.3-(d) through 17.13.5.3-(l) unchanged.]

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 7 PLAYING AND PRACTICE SEASONS -- WOMEN'S WATER POLO -- DIVISION II

Intent: To establish preseason practice dates, first date of competition, end of regular-playing season and annual exemptions in the sport of Division II women's water polo.

Bylaws: Amend 17.27, pages 262-265, as follows:

"17.27 WATER POLO

"Regulations for computing the men's and women's water polo playing season are set forth in 17.1, General Playing-Season Regulations. (Also see Figures 17-1 and 17-2.)

[17.27.1 unchanged.]

"17.27.2 Preseason Practice.

"(a) Men -- A member institution shall not commence practice sessions in water polo prior to the date that permits a maximum of 21 permissible practice opportunities (see 17.02.11) prior to the first scheduled intercollegiate contest.

"(b) Women -- A member institution shall not commence practice sessions in women's water polo prior to September 7 or the institution's first day of classes for the fall term, whichever is earlier.

"17.27.3 First Date of Competition.

"(a) Men -- A member institution shall not engage in its first date of competition (game or scrimmage) with outside competition in water polo prior to the first Saturday in September.

"(b) Women -- A member institution shall engage in its first date of competition (game or scrimmage) with outside competition in women's water polo prior to September 7 or the institution's first day of classes for the fall term, whichever is earlier.

"17.27.4 End of Regular Playing Season.

"(a) Men -- A member institution shall conclude all practice and competition (games and scrimmages) in the sport of water polo prior to the first Saturday in September.

"(b) Women -- A member institution shall conclude all practice and competition (games and scrimmages) in women's water polo by the conclusion of the National Women's College Water Polo Championship or the NCAA Water Polo Championship.

"17.27.5 Number of Dates of Competition

[17.27.5.1 unchanged.]

"17.27.5.2 Annual Exemptions. The maximum number of dates of competition in the sport of water polo shall exclude the following (see Figure 17-30):

"(a) Conference Championship -- Men and Women. Competition in one conference championship tournament in water polo (or the tournament used to determine the conference's automatic entry in the NCAA Water Polo Championship or the tournament used to determine entry in the Women's Collegiate National Championship or the NCAA Water Polo Championship);

[17.27.5.2-(b) and 17.27.5.2-(c) unchanged.]

"(d) NCAA Championship -- Women. Competition in the Women's Collegiate National Championship;

[17.27.5.2-(d) through 17.27.5.2-(g), relettered as 17.2.5.2-(e) through 17.2.5.2-(h), unchanged.]

"(h) Hawaii or Alaska -- Men. Any dates of competition in water polo in Hawaii or Alaska, respectively, against an active member institution located in Hawaii or Alaska, by a member located outside the area in question;

"(i) Hawaii, Alaska, Puerto Rico -- Men and Women. For men's and women's water polo, any dates of competition in Hawaii, Alaska or Puerto Rico, respectively, either against or under the sponsorship of an active member institution located outside the area in question;"

[17.27.5.2-(j) through 17.27.5.2-(l) unchanged.]

[Remainder of 17.27 unchanged.]

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.

NO. 8 SOCCER COMMITTEE, MEN'S AND WOMEN'S -- DIVISION II

Intent: To increase the number of members on the Division II Men's and Women's Soccer Committee from four to eight.

A. Bylaws: Amend 21.7.7, pages 311-312, as follows:

"21.7.7 Sports Committees With Only Division II Championships Administration Responsibilities. To conduct Division II championships in an efficient and orderly fashion, Division II sports committees shall be established and will report directly to the Division II Championships Committee (see 21.7.6.2).

[21.7.7.1 through 21.7.7.9 unchanged.]

"21.7.7.10 Soccer Committee, Men's -- Division II. The Division II Men's Soccer Committee shall consist of four eight members.

"21.7.7.11 Soccer Committee, Women's -- Division II. The Division II Women's Soccer Committee shall consist of four eight members."

[Remainder of 21.7.7 unchanged.]

Source: NCAA Division II Presidents Council (Division II Management Council).

Effective Date: Immediately.