The NCAA News - News and Features

The NCAA News -- October 12, 1998

Division I -- Management Council minutes

Following are the minutes of the July 27-29, 1998, meeting of the Division I Management Council at the Sheraton Society Hill in Philadelphia. All actions taken by the Management Council are included. Roll-call votes by the Management Council accompany these minutes. Highlights of the meeting were reported in the August 17 issue of The NCAA News.

1. Opening Remarks. Robert A. Bowlsby, chair, welcomed Rudy Washington as a new member to the Management Council and Nigel Burton as a new representative of the Student-Athlete Advisory Committee, and noted that Lori Ebihara and Britton Banowsky were attending as alternates for the Big 12 Conference and that David Berst was in attendance as the incoming chief of staff for Division I. The Management Council also commended Kerry McCoy for his participation in the Goodwill Games on behalf of the United States, including a silver individual medal and gold team medal.

2. Previous Minutes. The Management Council reviewed the minutes of its April 14-15, 1998, meeting.

It was voted that the minutes be amended to clarify in Item No. 7-b-(2), Page No. 7, (Championships/Competition Cabinet -- Bracket/Field-Size Expansion) that the Management Council support the expansion of championships brackets, "as the highest priority for the use of new Association funds," and that the minutes be approved as amended. (Unanimous voice vote.)

3. Division I Management Council Administrative Committee Report on Interim Actions. The Management Council reviewed the minutes of the April 30, May 14, May 28, June 11, June 25, July 9 and July 23, 1998, Division I Management Council Administrative Committee telephone conferences.

It was voted that the Management Council approve the actions of the Division I Management Council Administrative Committee during these telephone conferences, including a determination that institutions should submit incidental-expense waiver requests within 30 days of the occurrence of the incident unless there is a reasonable basis for an extension of that time frame; a referral to the Financial Aid Committee of a study requested by the Board of Directors to examine the feasibility of increasing a full grant-in-aid to the cost of attendance or an equivalent amount as a possible alternative to student-athlete employment during the academic year for full grant recipients and the possible implications of increasing the grant-in-aid for student-athletes who receive partial grants; and the authorization of the recommended disbursement of the 1998 funds provided by Major League Baseball for NCAA-sanctioned summer baseball leagues and for members of the former Professional Sports Liaison Committee to evaluate the 1998 leagues through site visits with the understanding that a formal evaluation process will be established prior to the 1999 summer leagues. (Unanimous voice vote.)

4. Report of the Board of Directors April 21, 1998, Meeting. The Management Council reviewed the report and discussed actions taken by the Board, including the Board's decision to delete Bylaw 30.10.2.10 regarding conference representation in preseason football exemptions. No specific action was taken.

5. Academics/Eligibility/Compliance Cabinet.

a. Report of June 3-4, 1998, meeting.

(1) Review of Report. The Management Council reviewed the report from the Academics/Eligibility/Compliance Cabinet's June 3-4 meeting. The report presented information on a variety of issues. The Management Council requested clarification as to who could participate in an educational videoconference on initial-eligibility standards for members of the cabinet, Management Council and Board of Directors scheduled for August 19.

It was voted that the Management Council receive the report from the Academics/Eligibility/Compliance Cabinet. (Unanimous voice vote.)

(2) Proposal No. 98-89 (AEC) -- Admissions and Graduation-Rate Disclosure. The Management Council discussed a proposal to eliminate the requirement that Division I institutions send the admissions and graduation-rate information specified in Bylaw 30.1 directly to the NCAA national office. In response to concerns regarding how the data submitted by institutions to the United States Census Bureau will be verified, it was noted that institutions currently are able to review the data before it is published and that this practice would continue. The Management Council agreed to ask the Division I Committee on Athletics Certification to consider whether it should review during the institutional athletics certification process the accuracy of the information institutions provide concerning graduation rates.

It was voted that the Management Council give approval and forward the proposal to the Board of Directors. (Unanimous voice vote.)

(3) Format of the 1999-2000 Division I Manual. The Management Council reviewed three options for the format of the 1999-2000 Division I Manual as set forth by the cabinet.

It was voted that the Management Council table a recommendation by the cabinet to eliminate the "gaps" in legislative citations in the Division I Manual and all references to other divisions in the text of the Division I Manual and that the cabinet should further evaluate the recommendation and provide examples of each of the options considered. (Unanimous voice vote.)

(4) Enhancement to the NCAA Exceptional Student-Athlete Disability Insurance Program. The Management Council reviewed recommendations to establish coverage for women's basketball student-athletes and to enhance coverage for men's basketball, football, baseball and men's ice hockey student-athletes under the NCAA Exceptional Student-Athlete Disability Insurance Program.

It was voted that the Management Council approve, as recommended, the establishment of insurance coverage for women's basketball student-athletes projected to be picked in the first rounds of the drafts in the United States professional women's basketball leagues and the enhancement of coverage for men's basketball, football, baseball and men's ice hockey student-athletes to reflect increases in compensation to professionals in those sports, effective fall 1998. (Unanimous voice vote.)

b. Legislative Review/Interpretations Subcommittee Minutes for 1998 Telephone Conferences No. 4, 5 and 6. The Management Council considered the recommendation of the subcommittee that the Council consider sponsoring legislation to eliminate the prohibition against restricted basketball coaches engaging in off-campus recruiting activities and noted that Proposal No. 98-72 addresses this issue.

It was voted that the interpretations contained in the minutes of Telephone Conferences No. 4, 5 and 6 for 1998 be approved as distributed. (Unanimous voice vote.)

6. Championships/Competition Cabinet.

a. Review Report of July 7-10, 1998, Meeting.

The Management Council reviewed the report from the Championships/Competition Cabinet's July 7-10, 1998, meeting. The report presented information on a variety of issues.

It was voted that the Management Council receive the report from the Championships/Competition Cabinet. (Unanimous voice vote.)

b. Review of Proposal No. 98-32 -- Sunday competition. The Management Council reviewed the decision of the cabinet to reaffirm its support for the elimination of Bylaws 31.1.4.1 and 31.1.4.4 regarding Sunday competition. The Management Council noted the cabinet's rationale: that if championships schedules do not have to be adjusted to accommodate institutions that have a policy against Sunday competition, missed class time may be alleviated; that there is no similar accommodation required for institutions that may have policies against competition on any other day for religious or cultural reasons; that Sunday competition may provide fans and relatives of competing student-athletes additional opportunities to attend the competition, thus creating more exposure for the sport; and that elimination of this bylaw safeguards existing television contracts for championships that are conducted on Sunday and may provide additional opportunities for television coverage.

It was voted that the Management Council reaffirm its support for the elimination of Bylaws 31.1.4.1 and 31.1.4.4 regarding Sunday competition and forward the position of the cabinet and Management Council to the Board of Directors. (For 26, against 4, abstain 4.) [See Vote No. 1.]

c. Championships Bracket/Field-Size Expansion. The Management Council reviewed the cabinet's recommendation to expand the brackets for the Division I championships in baseball, men's and women's cross country, women's soccer, women's softball and women's volleyball, effective with the 1998-99 academic year.

It was voted that the Management Council approve the expansion of Division I championships, as recommended, effective with the 1998-99 academic year, as follows: baseball from 48 to 64 teams; men's and women's cross country from 184 to 255 individuals each; women's soccer from 32 to 48 teams; women's softball from 32 to 48 teams; and women's volleyball from 56 to 64 teams, and national seeding of 16 teams. (Unanimous voice vote.)

d. Championships Enhancement. The Management Council reviewed a recommendation from the cabinet that money be earmarked in the general operating budget, either from the corporate partner rights fees or some other source, specifically to underwrite expenses that are not covered in the NCAA-approved games budget for the respective championships and for which host institutions have difficulty raising money due to corporate partner restrictions.

It was voted that the Management Council approve the underwriting of expenses that are not covered in the NCAA-approved games budget for the respective championships (e.g, shuttle transportation for media and members of coaches associations, team mementos, social activities for the teams, identifying apparel for volunteers and games management personnel, and city and facility décor and signage). (For 32, against 2.) [See Vote No. 3.]

It was voted that the Championships/Competition Cabinet should ensure consistency across all Division I championships in regard to expenses for items that have not been covered in the NCAA-approved games-expense budgets. (Unanimous voice vote.)

e. Update of Division I-A Football Study. The Management Council reviewed a recommendation from the cabinet that $10,000 be provided in the 1998-99 general operating budget to update the statistical data in the 1994 Report of the Special Committee to Review a Division I-A Football Championship, as requested by the Football Issues Committee for the purpose of providing the NCAA membership with reliable data on which to base planning and decisions in the future.

It was moved and seconded that the Management Council support funding for an update of the statistical data as recommended. (Defeated -- For 4, against 19, abstain 10.) [See Vote No. 4.]

f. Game Officials' Per Diem in Division I Women's Basketball. The Management Council considered a recommendation from the cabinet to increase the per diem for officials during the 1999 Division I Women's Basketball Championship, pending a review of the per diem for game officials in all championships, subsequent to the 1998-99 championships season.

It was voted that the Management Council approve the increase in the per diem for game officials in the 1999 Division I Women's Basketball Championship, as recommended, from $30 to $75 to be consistent with the per diem paid for game officials in the Division I Men's Basketball Championship, pending the overall review of officials' per diem. (Unanimous voice vote.)

g. Funding. The Management Council agreed to support the funding of the championships bracket expansion, the championships enhancements and the increase in women's basketball game officials' per diem through the reallocation of funds currently budgeted for Division I championships' expenses (including the $850,000 in estimated savings identified by the cabinet as a result of changes in operational policies) and/or other available funds (including the $300,000 the Business/Finance Cabinet identified for bracket expansion).

The Management Council noted anticipated savings regarding travel expenses for official parties and requested assurance that, if two days of advance travel actually occurred, the travel expenses for the band, cheerleaders and other members of the official travel party would be paid. It was the sense of the Management Council that the funding should be from any available money, not necessarily a reallocation of current championships funds.

h. Proposals to Amend Administrative and Executive Regulations. The Management Council reviewed proposals to amend Bylaws 30 and 31.

(1) No. 98-80 (CC) -- Postseason Bowl Certification -- Six-Victory Requirement. The Management Council considered a proposal to establish a waiver process to permit a Division I-A institution, once every four years, to count a win against a Division I-AA opponent in the sport of football toward meeting the six-victory requirement (for purposes of being considered for postseason bowl competition), when a unique or catastrophic situation affects the Division I-AA institution's ability to average 60 equivalencies during the three preceding academic years.

It was voted that the Management Council approve and forward the proposal to the Board of Directors for adoption. (For 16, against 2; Division I-A vote only.) [See Vote No. 7.]

(2) Proposal No. 98-81 (CC) -- Automatic Qualification-- Division I Men's Basketball. The Management Council considered a proposal to reduce from eight years to two years the waiting period for new Division I institutions to be eligible for automatic qualification; further, to specify that there shall be no exceptions to the two-year waiting period.

(a) It was voted that the Management Council approve and forward the proposal to the Board of Directors for adoption. (For 28, against 6.) [See Vote No. 6.]

(b) The Management Council referred to the Business/Finance Cabinet a review of the appropriate waiting period for revenue distribution from the basketball and broad-based funds for new members.

(3) Proposal Nos. 98-82 and 98-83 -- NCAA Championships -- Logo Restrictions. The Management Council reviewed the following two proposals regarding logo restrictions for bench personnel and noncompeting participants during NCAA championships:

No. 98-82 (CC) -- NCAA Championships -- Bench Personnel -- Logo Restrictions. Intent: To specify that the logo restrictions on student-athlete's apparel set forth in Bylaw 12.5.5 apply during NCAA championships to all personnel (e.g., coaches, trainers, managers) who are on the team bench for practices and games, and who participate in NCAA news conferences.

No. 98-83 (CC) -- NCAA Championships -- Logo Restrictions -- Noncompeting Participants. Intent: To specify that the logo restrictions on student-athletes' apparel set forth in Bylaw 12.5.5 shall apply to commercial logos on uniforms worn by band members, cheerleaders, dance team members and the institution's mascot during NCAA championship events.

It was voted that the Management Council give approval and forward both proposals to the Board of Directors for adoption. (For 21, against 13.) [See Vote No. 5.]

(4) No. 98-84 (CC) -- Automatic Qualification -- Division I-AA Football Championship. The Management Council considered a proposal to specify that in order to be eligible for automatic qualification, a Division I-AA football playing conference that subdivides into five or more teams must conduct a single round-robin competition with each subdivision and develop a formula to determine its conference championship, with no requirement that a postseason championship game be conducted.

It was voted that the Management Council refer the proposal to the Championships/Competition Cabinet and the Division I-AA Football Committee and request a detailed explanation regarding why legislation is needed at this time and a more detailed rationale statement. (Unanimous voice vote; Division I-AA vote only.)

(5) No. 98-85 (CC) -- Contest Exemptions -- Division I-A Football.

(a) The Management Council considered a proposal to reinstate the requirement that no more than one team from any Division I-A conference may participate in a preseason exempted football event during any given academic year.

It was voted that the Management Council approve and forward the proposal to the Board of Directors for adoption. (For 15, against 6, abstain 13.) [See Vote No. 8.]

(b) Voting Requirements for Bylaw 30.10.2 -- Football Exemptions.

It was voted that Constitution 5.3.2.2.3 regarding subdivisional voting on football-only issues would apply to Bylaw 30.10.2 proposals in the future. (Unanimous voice vote.)

(6) No. 98-86 (CC) -- Exempted Contests -- Sponsoring Agency. The Management Council considered a proposal, in Division I sports other than football, to specify that a member conference of the Association may be a sponsoring organization of a certified exempted event.

It was voted that the Management Council approve and forward the proposal to the Board of Directors for adoption. (For 31, against 3.) [See Vote No. 9.]

(7) Proposal Nos. 98-87 and 98-88 -- Exempted Contests -- Officials and Sponsoring Agency.

(a) No. 98-87 (CC) -- Exempted Contests -- Officials. The Management Council considered a proposal, in sports other than football and basketball, to specify that officials for exempted events shall be assigned from an agency that regularly assigns officials for Division I institutions, and such assignments shall include officials that are experienced in the officiating of Division I contests in the applicable sport.

(b) No. 98-88 (CC) -- Exempted Contests -- Sponsoring Agency. The Management Council considered a proposal, in Division I sports other than football, to specify that a sponsoring institution seeking certification of an exempted event in a sport must sponsor that sport on the intercollegiate level.

It was voted that the Management Council give approval and forward both proposals to the Board of Directors for adoption. (Unanimous voice vote.)

i. "Emergency," Noncontroversial Legislation.

(1) Proposal No. 98-76 (CC) -- Championships/Competition Cabinet -- Duties. The Management Council considered a proposal to expand the Championships/Competition Cabinet's oversight responsibilities for applicable playing regulations to include an evaluation of their ability to be administered during the regular season and during the conduct of the championship in the applicable sport.

It was voted that the Management Council recommend that the Board use its authority to adopt "emergency," noncontroversial legislation to adopt this proposal. (Unanimous voice vote.)

(2) Proposal Nos. 98-77, 98-78 and 98-79 -- Playing and Practice Seasons Regarding Division I Women's Water Polo, Women's Ice Hockey and the First Contest Date in Division I Basketball.

a. No. 98-77 (CC) -- Playing And Practice Seasons -- Division I Women's Water Polo. The Management Council considered a proposal to establish a preseason practice date, first date of competition, end of regular-playing season and annual exemptions in the sport of Division I women's water polo consistent with other sports in which the championship segment is conducted during the spring season.

(b) No. 98-78 (CC) -- Playing And Practice Seasons -- Division I Women's Ice Hockey. The Management Council considered a proposal to permit Division I women's ice hockey teams to participate beyond the end of the playing season if chosen to be involved in the new national championship tournament hosted and organized by the American Women's College Hockey Alliance; further, to exempt participation in the tournament from the institution's and the student-athlete's maximum number of ice hockey contests.

(c) No. 98-79 (CC) -- Playing And Practice Seasons -- First Contest Date -- Division I Basketball. The Management Council considered a proposal, in Division I basketball, to specify that the BCA Basketball Classic, Basketball Hall of Fame Tip-Off Classic, Great Alaska Shoot-out, Top of the World Classic, Maui Invitational and NABC Classic may be played on or after November 7.

It was voted that the Management Council recommend that the Board use its authority to adopt "emergency," noncontroversial legislation to adopt these three proposals. (Unanimous voice vote.)

7. Strategic Planning.

a. Review of Report. The Management Council reviewed the report from the Strategic Planning Cabinet's June 29-30, 1998, meeting. The report presented information on a variety of issues.

It was voted that the Management Council receive the report from the Strategic Planning Cabinet. (Unanimous voice vote.)

b. Review of Revised Goals and Objectives for the Division I Strategic Plan.

Chappy Menninger and Bill Callerman, chair and member of the Strategic Planning Cabinet, respectively, discussed the strategic planning process and presented revised goals and objectives to the Management Council. Management Council members provided feedback and suggestions for changes regarding the details contained in the goal statements.

(1) It was voted that the Management Council amend Goal No. 8, regarding membership requirements and revenue distribution, to limit its scope, in a manner consistent with the agreements reached as part of restructuring. (Unanimous voice vote.)

(2) It was voted that the Management Council express support for the goal statements with the amendment and other suggestions and commend the cabinet for its efforts. (Unanimous voice vote.)

c. NCAA Conventions. The Management Council reviewed a recommendation from the cabinet that it propose legislation to adopt a format beginning with the 1999 Convention that allows the various governance bodies (e.g., Board of Directors, Management Council and cabinets) and Association-wide committees that have winter meetings to conduct individual and joint meetings during the days currently scheduled for the Convention.

It was voted that NCAA staff should review options for implementing the cabinet's recommendation during the days currently scheduled for the Convention, effective after the 1999 Convention, that the format should include opportunities to involve the full Division I membership and that the staff should continue coordinating the program for the 1999 Convention with the Strategic Planning Cabinet. (Unanimous voice vote.)

d. Override Voting. The Management Council reviewed a recommendation that Constitution 5.3.2.3 be amended to allow chief executive officers to vote to override legislation through written correspondence on occasions other than at the national Convention in a process to be developed by the governance staff.

It was moved and seconded that the Management Council support legislation that would amend Constitution 5.3.2.3 to allow institutions to vote to override adopted legislation through the use of written ballots on occasions other than the annual Convention. (Defeated -- Unanimous voice vote.)

e. Principle of Nondiscrimination. The Management Council discussed the cabinet's action to defeat by close margin a recommendation from the Committee on Women's Athletics that the cabinet forward to the Management Council a proposal to amend Constitution 2.6 by adding language to the principle of nondiscrimination to make it more descriptive by indicating that the Association should not discriminate against any person because of age, ancestry, color, disability, handicap, national origin, race, religious creed, gender or sexual orientation.

It was voted that the Management Council refer back to the cabinet the recommendation to add more specific language to the principle of nondiscrimination set forth in Constitution 2.6, suggest that legal counsel advise whether the recommended policy is too limiting and request that the cabinet reconsider its decision and include a more detailed rationale when it reports back to the Management Council. (Unanimous voice vote.)

8. Review of Issues Concerning Institutional Decisions to Discontinue Sports.

Doris Dixon, NCAA director of federal relations, reviewed the status of efforts by the United States Congress to govern college and university decisions related to the discontinuation of sports teams.

a. Release of data to outside groups. The Management Council reviewed a request from the United States General Accounting Office for information that was not readily available in the short period of time requested.

It was voted that NCAA staff should recommend a policy to allow the NCAA research staff or the Research Committee and an existing governance body to review requests from outside groups for Division I institutional data collected by the NCAA, that the Management Council Administrative Committee should review such requests until a policy has been developed, and that a July 17, 1998, request for data from the United States General Accounting Office (GAO) should be declined because the data was not readily available for the office's publication on August 21. (Unanimous voice vote.)

b. American Council on Education (ACE) Resolution.

It was voted that the Management Council endorse a resolution adopted by ACE that urges colleges and universities to place the welfare and well-being of the student-athlete at the center of their decision-making process with respect to intercollegiate athletics programs, particularly in the event that discontinuation of a particular sport becomes a necessity. (Unanimous voice vote.)

c. Study Regarding Discontinued Sports Teams. Ms. Dixon presented information regarding a proposed GAO study where institutions would be asked to respond to a survey, and noted that the NCAA could conduct a survey of its own membership and make the data available to the GAO.

It was voted that the NCAA should conduct a study, in consultation with the GAO, of the discontinuation of sports teams, including how the decision was made, student notification and accommodations and factors impacting the institution's decision. (For 23, against 9, abstain 1.) [See Vote No. 2.]

d. Office for Civil Rights (OCR) Clarification Regarding Title IX. The Management Council received a report regarding a July 23 letter from OCR that is designed to clarify the definition of substantial proportionately for men's and women's athletics scholarships and requested that NCAA staff correspond with OCR regarding the issue.

9. Presentation Concerning 1998-99 Budget.

James L. Isch, NCAA vice-president for finance and information services; Keith E. Martin, director of finance and business operations; and NCAA President Cedric W. Dempsey reviewed the proposed 1998-99 budget parameters and internal strategic plan.

10. President's Report. Mr. Dempsey presented a report on proposed and implemented revenue enhancements, reductions in expenditures and reallocation of funds for the national office, travel and committee meetings, technology and other revenue enhancements.

It was voted that the Management Council express support for the concepts presented and request that staff recommend policies regarding committee meetings for review by the Management Council in October and that, effective immediately, committee meetings should be permitted to be scheduled during the annual Convention and NCAA staff members should determine the locations of all committee meeting sites. (Unanimous voice vote.)

11. Business/Finance Cabinet.

a. Review of Report of June 23-24, 1998, Meeting. The Management Council reviewed the report from the Business/Finance Cabinet's June 23-24, 1998, meeting. The report presented information on a variety of issues.

It was voted that the Management Council receive the report from the Business/Finance Cabinet. (Unanimous voice vote.)

b. Initial-Eligibility Clearinghouse. The Management Council reviewed a recommendation from the cabinet that the student application fee should be increased from $18 to $25 for prospective student-athletes who registered with the NCAA Initial-Eligibility Clearinghouse for the 1999-2000 fiscal year. The Management Council considered that the Academics/Eligibility/Compliance Cabinet continued to express its opposition to any fee increases, but noted that the percentage of the total costs of the Clearinghouse supported by the NCAA has doubled during the past four years, that customer service demands have significantly increased since the inception of the Clearinghouse and that the proposed price increase would place the Association's allocation of costs more in line with original estimates.

(1) It was voted that the Management Council approve and forward to the Board of Directors an increase in the student application fee, as recommended by the Business/Finance Cabinet, from $18 to $25 for prospective student-athletes who register for the NCAA Initial-Eligibility Clearinghouse for the 1999-2000 fiscal year and that the Academics/Eligibility/Compliance Cabinet should continue efforts to educate prospective student-athletes about the availability of a fee waiver and to review the possibility of permitting institutions to reimburse student-athletes after they enroll. (For 20, against 12.) [See Vote No. 10.]

(2) The Management Council expressed concern about the high number of prospective student-athletes who apply to the Clearinghouse but who do not ultimately enroll in a Division I or II institution.

c. Marketing Study of Basketball. The Management Council reviewed the basketball promotional plan guidelines and principles and requested that copies of the basketball promotional plan be provided to the Management Council with instructions as to any other individuals who could receive copies of the plan or any limitations regarding the distribution of the plan. The Management Council noted that if it was not possible to provide members with a copy of the actual plan, a summary should be provided.

d. 1998-99 Budget. The Management Council discussed the budget as presented the previous day.

It was voted that consistent with the authority specified in Constitution 4.5.2-(j), the Management Council endorse and forward to the Board of Directors the 1998-99 budget as presented, with the specification that funding for championships expansion and enhancements should be the highest priority and that the Management Council expresses no opinion regarding the allocation for the membership trust or the level of broad-based distribution. (Unanimous voice vote.)

e. Management Council Budget Subcommittee. The Management Council discussed the budget process in the restructured Association and the role of the Management Council under Constitution 4.5.2-(j). The Management Council noted that it had become apparent during the first year of the new structure that the full Council or a subcommittee needed to take a more active and earlier role in the budget process rather than merely approve an already formulated budget.

It was voted that the Management Council Administrative Committee should appoint a subcommittee of the Management Council to assist the Management Council in discharging its constitutional duties regarding future budgets. (Unanimous voice vote.)

12. Committee Reports.

a. Financial Aid Committee. Charlotte West presented the recommendations from the Division I Financial Aid Committee regarding the possible impact of NCAA financial aid limits for men's and women's sports on gender-equity issues. Ms. West noted that the committee had concluded and the Office of Civil Rights representatives confirmed that current NCAA financial aid legislation does not per se preclude a college from complying with the financial aid component of Title IX. However, the committee agreed that some changes to existing NCAA rules might be of assistance to some Division I institutions and developed legislative proposals for the consideration of the Management Council to provide several alternatives for Division I institutions to comply with the financial aid component of Title IX. Ms. West noted that few schools currently have a problem satisfying the financial aid component of Title IX legislation but as the athletics participation of women increases, it is likely that institutions will have greater difficulty complying with the scholarship component of Title IX.

(1) Division I Sports-Sponsorship and Financial Aid Membership Requirements. The Management Council reviewed two legislative proposals to provide greater flexibility for Division I institutions to meet the minimum Division I financial aid and sports-sponsorship membership requirements, as specified.

It was voted that the Management Council give initial approval to both proposals and forward them to the membership for comment. (Unanimous voice vote.)

(2) Division I-A Football Financial Aid. The Management Council reviewed two proposals regarding Division I-A football. One proposal would establish an annual limit of 75 on the total number of counters and the other proposal would permit institutions to have an annual limit of 85 on the total number of counters or, in the alternative, an annual limit of 75 on the value of financial aid awards (equivalencies) to counters and an annual limit of 95 on the total number of counters.

It was moved and seconded that the Management Council give initial approval to both proposals. (Defeated -- Unanimous voice vote; Division I-A only.)

(3) Division I-AA Football Financial Aid. The Management Council considered a proposal regarding Division I-AA football that would reduce from 63 to 55 the annual limit on the value of financial aid awards (equivalencies) that may be provided to counters.

It was moved and seconded that the Management Council give initial approval to the proposal. (Defeated -- Unanimous voice vote; Division I-AA only.)

(4) Review of Proposals to Increase Financial Aid Limits in Women's Sports. The Management Council reviewed 12 legislative proposals to increase financial aid limits in various women's sports and men's cross country/track.

(a) It was moved and seconded that the Management Council refer to the Academics/Eligibility/Compliance Cabinet, Championships/Competition Cabinet (including sports committees) and the Committee on Women's Athletics the proposals from the Financial Aid Committee that would increase financial aid limitations in various women's sports and men's cross country/track. (Defeated -- For 16, against 17.) [See Vote No. 11.]

(b) It was moved and seconded that the Management Council give initial approval to 10 proposals that would increase financial aid limits in women's cross country/track, field hockey, lacrosse, soccer, swimming, softball, water polo, rowing and gymnastics. (Defeated -- For 9, against 24.) [See Vote No. 12.]

(c) It was moved and seconded that the Management Council give initial approval to the two remaining proposals that would increase financial aid limits in men's and women's cross country/track and women's rowing. (Defeated -- For 6, against 26, abstain 1.) [See Vote No. 13.]

(5) It was voted that the Management Council receive the committee's report. (Unanimous voice vote.)

(6) Continued Review of Proposals to Increase Grant Limits in Women's Sports. The Management Council discussed its earlier actions regarding the committee's recommendations concerning financial aid limits in women's athletics.

It was voted that the Management Council refer to the Academics/Eligibility/Compliance Cabinet, Championships/Competition Cabinet (including sports committees) and the Committee on Women's Athletics the issue of increasing grants-in-aid for women's sports. The Management Council directed these groups to review this issue in concept, to consider the numbers proposed by the Financial Aid Committee and those recommended by the Big 12 Conference in Proposal No. 98-57, and to consider other changes in regulations or playing rules that would promote increased participation by women. (Unanimous voice vote.)

b. Committee on Athletics Certification. Andrea Seger presented a report including certification decisions rendered during the committee's April 5-6 meeting and a summary of all certification decisions to date. Also, the Management Council considered the appointment of a new chair for the committee.

It was voted that the Management Council appoint Dr. James Walker, president, Middle Tennessee State University, as chair of the committee, effective September 1, 1998. (Unanimous voice vote.)

c. Student-Athlete Advisory Committee. Mr. McCoy presented the report of the committee.

(1) Student-Athlete Participation Regarding Sports Issues. The Management Council reviewed a request by the Student-Athlete Advisory Committee to allow at least one of the student-athlete representatives attending the Management Council meetings to be in attendance at the Division I-AA Football Governance Committee meetings and to permit a member of the Division I Student-Athlete Advisory Committee to be appointed as a nonvoting liaison to the Division I Football Issues Committee. The Management Council noted that it might be appropriate for the student-athletes to have a representative regarding the discussion of all sports issues, not only football issues.

It was voted that the Management Council direct the Division I Student-Athlete Advisory Committee to select a member as a nonvoting liaison to the Championships/Competition Cabinet to participate in the meetings of that cabinet and the review of issues pertaining to all sports. (Unanimous voice vote.)

(2) Conference Student-Athlete Advisory Committees. The Management Council reviewed proposed legislation requiring each Division I conference to have a student-athlete advisory committee.

It was voted that the Management Council give initial approval to legislation that requires each conference represented in the governance structure to have a conference student-athlete advisory committee. (For 30, against 0, abstain 4.) [See Vote No. 14.]

(3) Chair of the Committee.

It was voted that the Management Council appoint Mr. McCoy as chair of the committee. (Unanimous voice vote.)

(4) It was voted that the Management Council receive the report from the Student-Athlete Advisory Committee. (Unanimous voice vote.)

(5) It was voted that the Management Council appoint Percy Bates as a Management Council representative to the Student-Athlete Advisory Committee. (Unanimous voice vote.)

13. Process for Approving/Reviewing Multiple Meetings per Year for Division I Committees. The Management Council agreed that after the staff has completed compiling a list of Division I committees and the number of meetings for each committee, the Management Council would review this item at its October meeting, in accordance with Bylaw 31.7.2.1.4.

14. Report of Management Council Subcommittees.

a. Selection Review Committee. Linda Bruno presented the recommendations of the committee for appointments to the following committees:

(1) Division I Committee on Athletics Certification.

It was voted that the Management Council appoint Joseph N. Crowley, University of Nevada, Big West Conference; Brenda Weare, Conference USA; Garnett H. Purnell, Morgan State University, Mid-Eastern Athletic Conference; and Chris Monasch, America East Conference. (Unanimous voice vote.)

(2) Division I Infractions Appeals Committee.

It was voted that the Management Council appoint Marilyn Yarbrough, University of North Carolina, Chapel Hill, Atlantic Coast Conference. (Unanimous voice vote.)

b. Administrative Review Subcommittee Report.

It was voted that the Management Council receive the committee's report. (Unanimous voice vote.)

c. Report from the Ad Hoc Subcommittee Appointed to Review Proposal No. 98-33. Percy Bates presented the recommendations of the subcommittee regarding subdivisional representation on Division I committees.

It was voted that the limitations regarding subdivisional representation on committees specified in Constitution 4.8.1 be retained, that Constitution 4.8.1 be amended to specify that the following committees are not subject to the requirements and that Bylaw 21 be amended to reflect the composition of these committees as follows, effective immediately upon adoption of the amendments by the Board (unanimous voice vote):

(1) Committee on Infractions and Infractions Appeals Committees. No subdivision restrictions except that for each committee, all members representing institutions and conferences may not be from the same subdivision.

(2) Committee Total Subdivisional

Members -- Breakdown

-- Financial Aid -- 7 -- I-A -- 4

-- -- -- I-AA/AAA -- 3

-- Baseball -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

-- Men's

-- Basketball -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

-- Women's

-- Basketball -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

-- Women's

-- Volleyball -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

-- Men's Soccer -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

-- Women's

-- Soccer -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

-- Women's

-- Softball -- 10 -- I-A -- 6

-- -- -- I-AA/AAA -- 4

(3) The Management Council agreed to a three-year moratorium (after these recommendations are adopted) on changes in subdivisional-representation restrictions for Division I committees.

[Note: The Management Council took this action and did not adopt Proposal No. 98-33.] --

15. Report of the July 26 Division I-AA Football Governance Committee Meeting.

a. Greg Sankey reported on the following actions taken by the committee:

(1) Review of Proposal No. 98-33. Received a report regarding the recommendations from the Management Council ad hoc subcommittee to review Proposal No. 98-33; discussed concerns regarding championships access and financial guarantees; and noted that, consistent with current policies, adjustments to achieve appropriate subdivisional representation would occur through normal attrition of committee members.

(2) Proposal No. 98-26 -- Playing and Practice Seasons-First Contest Date-Football. Agreed to support the proposal, which specifies that the first permissible contest in football shall be the last Thursday in August, only if Division I-A supports the legislation. (For 9, against 2.)

(3) Proposal No. 98-80 -- Postseason Bowl Certification -- Six-Victory Requirement. Reviewed the proposal, which establishes a waiver process to address unique and catastrophic situations when a Division I-AA institution is unable to average 60 financial aid awards during the three preceding academic years.

(4) Proposal No. 98-84 -- Automatic Qualification -- Division I-AA Football Championship. Referred a proposal, regarding determination of a conference champion for Division I-AA conferences that subdivide, back to the Championships/Competition Cabinet and the Division I-AA Football Committee and requested a detailed explanation regarding why legislation is needed at this time and a more detailed rationale statement.

(5) Proposal No. 98-54 -- Recruiting-Evaluations/Telephone Calls -- Divisions I-A and I-AA Football. Agreed to support the proposal, which expands the spring evaluation period from April 15 through May 31 (excluding Memorial Day and Sundays) and permits one telephone call to a prospect or the prospect's relatives or legal guardians, only if Division I-A supports the legislation. (For 9, against 2.)

(6) Proposal No. 98-74 -- Two-Year College Transfers -- Partial Qualifiers and Nonqualifiers -- Division I Football and Men's Basketball. Agreed to recommend that this proposal should be referred to the Academics/ Eligibility/Compliance Cabinet.

(7) Student-Athlete Advisory Committee request for participation in meetings of the Division I-AA Football Governance Committee and Division I Football Issues.

(a) Declined the request that at least one of the student-athlete representatives attending the Management Council meeting also be in attendance at the Division I-AA Football Governance Committee meetings. Noted that the student-athlete representatives have an opportunity to comment on actions taken by the Division I-AA Governance Committee when the report is presented at the Management Council meeting.

(b) Considered a motion to recommend that the Management Council support the request to appoint a student-athlete representative from the Division I Student-Athlete Advisory Committee as a nonvoting liaison to the Division I Football Issues Committee. (Defeated -- For 3, against 8.)

(8) Division I-AA Football Survey. Additional review of Division I-AA football survey results discussed in April, including a compilation of the responses for institutions currently with 15 or fewer scholarships awarded and for those with more than 15 scholarships awarded. Reviewed the expanded survey results and took no action.

(9) Review of Issues Regarding the Promotion of Division I-AA Football.

(a) Status of the recommendation to initiate a marketing study for Division I-AA football. Reviewed a report from the Business/ Finance Cabinet regarding the establishment of a group to identify the key issues and future direction related to Division I-AA football; expressed concern that the Division I-AA Football Championship no longer provides net revenue to the Association and that these problems need to be addressed in a timely fashion; and agreed that Mr. Sankey and Kelly Woodward should meet with the Division I Marketing Committee (of the Business/Finance Cabinet) regarding these issues.

(b) Status of efforts to promote Division I-AA Football as a part of the overall marketing effort concerning college football. Discussed issues regarding the promotion of Division I-AA football, particularly NCAA Football promotional efforts, with Devron Edwards and Michelle Grimes of Host Communications, Inc. Encouraged Host representatives to communicate directly with Division I-AA conference offices to assist in determining whether Division I-AA institutions could offer sites that sometimes may best serve the interests of NCAA Football promotions.

(10) Proposal No. 98-39 -- Football Telecast/Cablecast -- Friday Night Games. Voted to give initial approval to the proposal, which would apply to Division I-AA only. (For 8, against 2, abstain 1.)

(11) Division I-AA Management Council Liaison to the Student-Athlete Advisory Committee. Discussed the selection of a replacement for Mr. Sankey as the Division I-AA Management Council liaison to the Student-Athlete Advisory Committee; noted that persistent scheduling conflicts have prevented some of the Management Council representatives from attending Student-Athlete Advisory Committee meetings; and suggested that staff communicate this problem to the staff liaisons to that committee.

(12) Division I-AA Representative on the Management Council Administrative Committee. Appointed Mr. Sankey to replace James Frank on the Management Council Administrative Committee.

b. It was voted that the Management Council receive the report. (Unanimous voice vote.)

16. Revised Appeal Procedures. The Management Council reviewed an editorial revision of previously approved procedures for Division I appeals, appearances and hearings before the Management Council of any cabinet, committee or subcommittee action that is subject to Management Council review. No specific action was taken.

17. Review of Legislative Proposals (Including Membership Comment) Initially Approved by the Management Council During its April 14-15 Meeting. The Management Council considered Proposal Nos. 97-25, 97-41, 97-43, 98-35, 98-42 and 98-44, which the Management Council initially reviewed and approved in April and subsequently submitted to the membership for comment.

It was voted that the Management Council give final approval to the following proposals as a consent package and forward the proposals to the Board for adoption (unanimous voice vote):

a. No. 97-25 (MC1) -- Foreign Tours -- Seasons Of Competition. A proposal to permit a student-athlete to engage in competition on an institution's foreign tour conducted after the intercollegiate season and prior to the start of the next academic year without using a season of competition; further, to permit student-athletes who were enrolled as full-time students the previous academic year and have established eligibility for the subsequent academic year to participate on a summer foreign tour.

b. No. 97-41 (MC1) -- Eligibility -- Athletics Activities Waiver. A proposal to permit an extension of the five-year period of eligibility when a student-athlete is unable to participate in intercollegiate athletics as a result of his or her participation in one of the athletically related training activities specified in Bylaw 14.2.1.5.

c. No. 97-43 (MC1) -- Financial Aid -- Professional Sports Organization. A proposal to permit an institution to continue providing financial aid for the remainder of the term of the award to a student-athlete who completes his or her four seasons of competition in a sport and signs a contract or receives compensation from an agent or a professional sports organization.

d. No. 98-35 (MC1) -- Division I Legislative Process. A proposal to require that proposed legislative changes acted upon by the Board of Directors or Management Council be published within 15 days of the Board of Directors' or Management Council's actions; further, to establish the deadlines for requests for override of the Board's action to adopt, or failure to adopt, a legislative change and for comments regarding the Management Council's initial approval of a proposed legislative change to be received in the national office within 60 days from when such action occurs.

e. No. 98-42 (MC1) -- Permissible Expenses -- Meals. A proposal to permit institutions to provide meal expenses to student-athletes serving on university committees who miss a regular meal as a result of a committee meeting conducted when regular institutional dining facilities are open.

f. No. 98-44 (MC1) -- Athletics Certification -- Postponement Of Certification Decision. A proposal to confirm that the Committee on Athletics Certification may postpone the certification decision of an institution if it concludes that the institution has not received adequate notice from the peer review team of a problem significant enough to affect the institution's certification status.

18. Review of Legislative Proposals Circulated to the Division I Membership After the February Cabinet Meetings (Including Membership Comments). The Management Council reviewed proposals submitted by the cabinets to the Management Council for initial approval and comments submitted by the membership during the 60-day comment period and took the following actions:

a. No. 98-16 (CC) -- Playing And Practice Seasons -- Skill Instruction. The Management Council reviewed a proposal to permit a maximum of four student-athletes to participate at any one time with their coaches during the two hours of skill-related instruction that may occur during the permissible eight hours of weekly countable athletically related activities that may occur outside the playing season during the academic year.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 29, against 5.) [See Vote No. 15.]

b. No. 98-17 (CC) -- Playing And Practice Seasons -- Skill Instruction. The Management Council reviewed a proposal to limit the permissible out-of-season individual skill-related instruction activities that may occur in sports other than football to the time period of October 1 through April 30.

It was moved and seconded that the Management Council give initial approval to the proposal. (Defeated -- For 5, against 29.) [See Vote No. 16.]

c. No. 98-18 (CC) -- Practice Expenses -- Women's Rowing -- Weather Exception. The Management Council reviewed a proposal to permit intercollegiate teams in the sport of rowing to travel up to 200 miles, if outside the institution's state, to engage in practice activities that occur during an institution's academic term when necessitated by weather conditions.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 14, against 9, abstain 10.) [See Vote No. 17.]

d. No. 98-19 (CC) -- Committees -- Division I Women's Basketball. The Management Council reviewed a proposal to specify that the nine-member Division I Women's Basketball Committee include two members from each of the four Division I women's basketball regions and one member selected at large.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (Unanimous voice vote.)

e. No. 98-20 (CC) -- Playing And Practice Seasons -- Contest Exemptions -- Basketball. The Management Council reviewed a proposal to reclassify the men's Basketball Hall of Fame Tip-Off Classic game as an annual exempted contest requiring certification (as opposed to a once-in-four-years exemption).

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 23, against 10, abstain 1.) [See Vote No. 18.]

f. No. 98-21 (AEC) -- Two-Year College Transfer Eligibility. The Management Council reviewed a proposal to permit a two-year college transfer to use an associate or equivalent degree that is academic, technical or vocational in nature to satisfy the two-year-college graduation requirement.

It was voted that the Management Council table the proposal to seek clarification regarding the rationale for the proposal from the Academics/Eligibility/Compliance Cabinet. (Unanimous voice vote.)

g. No. 98-22 (AEC) -- Preseason Off-Campus Practice Activities. The Management Council reviewed a proposal to preclude institutions from conducting preseason off-campus practice activities that are publicized in advance at any site not normally used by the institution to conduct its practice activities.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 33, against 1.) [See Vote No. 19.]

h. No. 98-23 (AEC) -- Recruiting Calendar -- Division I Men's And Women's Basketball. The Management Council reviewed a proposal to revise the current men's basketball recruiting calendar by: (1) reducing the summer evaluation period by 10 days; (2) increasing the academic year evaluation period from September 5 to May 31 (with the exception of current dead periods); (3) permitting 70 evaluation days during the academic year evaluation periods; (4) permitting coaching staff members to evaluate only basketball activities and events approved, sanctioned, sponsored or conducted by the applicable state high-school association, National Federation of State High School Associations or National Junior College Athletic Association (other than contests that are part of the prospect's normal high-school, preparatory-school or two-year-college season); (5) increasing the time period for making contacts during the fall; (6) precluding telephone contact between coaching staff members and individuals involved with prospects in nonscholastic basketball activities between April 1 and August 1; and (7) permitting (in men's and women's basketball) one telephone call to a prospect during his or her junior year in high school from April 24 to May 15, and three additional telephone calls from June 21 through July 31, with the understanding that no more than one call may occur per week.

It was moved and seconded that the Management Council give initial approval to the proposal.

[Note: The vote was taken on the motion above as a result of the successful motion to table the proposal, as noted below.]

It was moved and seconded that the Management Council separate parts A, C and D regarding permissible time period for telephone calls, in response to concerns expressed by the Student-Athlete Advisory Committee.

[Note: The vote was taken on the motion above as a result of the successful motion to table the proposal, as noted below.]

It was voted that the Management Council table the proposal to allow further consideration as part of the overall review of basketball issues. (Unanimous voice vote.) [See Item No. 23-b below regarding the broad-based study of basketball issues.]

i. No. 98-24 (CC) -- Playing And Practice Seasons -- Contest Limitations. The Management Council reviewed a proposal to permit an institution to exempt informal practice scrimmages from the maximum contest limitations in the sport of basketball as specified.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 21, against 9.) [See Vote. No. 20.]

j. No. 98-25 (CC) -- Playing And Practice Seasons -- Contest Exemptions. The Management Council reviewed a proposal to exempt on an annual basis the National Wrestling Coaches Association all-star meet from the maximum contest limitations in the sport of wrestling.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 18, against 3, abstain 10.) [See Vote No. 21.]

k. No. 98-26 (CC) -- Playing And Practice Seasons -- First Contest Date -- Football. The Management Council reviewed a proposal to specify that the first permissible contest in the sport of football shall be the last Thursday in August.

It was moved and seconded that the Management Council give initial approval to the proposal. (Defeated -- For 3, against 15; Division I-A vote only.) [See Vote No. 22.] [No action was taken by Division I-AA.]

19. Review of Legislative Proposals Submitted by Conferences for Initial Approval. The Management Council reviewed proposals formally submitted by conferences to the Management Council for initial approval and took the following actions:

a. Consent Package.

It was voted that the Management Council refer the following proposals to the appropriate governance body as a consent package (unanimous voice vote):

(1) No. 98-53 -- Off-Campus Contacts/Evaluations -- Division I-A Football. A proposal, in Division I-A football, to permit an institution's head football coach to make an off-campus contact or evaluation with a prospective student-athlete at any time during a calendar week (Sunday through Saturday) during a permissible contact or evaluation period, provided no more than seven coaches (including the head coach) are engaging in off-campus recruiting activities during the calendar week.

Proposal referred to Academics/Eligibility/Compliance Cabinet, with a request that the cabinet seek reaction from the Football Issues Committee.

(2) No. 98-54 -- Recruiting -- Evaluations/Telephone Calls -- Divisions I-A and I-AA Football. A proposal, in Divisions I-A and I-AA football, to expand the spring evaluation period to include the period beginning April 15 through May 31 (excluding Memorial Day and Sundays) without increasing the permissible number of evaluation days; further, in Division I-A football, to permit one telephone call to a prospect [or the prospect's relatives or legal guardian(s)] during the period beginning April 15 through May 31.

Proposal referred to Academics/Eligibility/Compliance Cabinet, with a request that the cabinet seek reaction from the Football Issues Committee.

(3) No. 98-55 -- Recruiting Evaluations -- Division I Basketball. A proposal, in basketball, to eliminate the numerical limits on evaluations per prospect.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(4) No. 98-56 -- Official Visits -- Division I Basketball. A proposal to permit an institution to "bank" a maximum of two unused official visits annually in the sport of basketball; further, to specify that the unused visits may be used only during the subsequent academic year.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(5) No. 98-57 -- Financial Aid -- Division I Women's Sports. A proposal to increase by 25 percent the total number of counters in all women's head count sports except basketball; further, to increase by 25 percent the maximum number of equivalencies in all women's sports except rowing.

Proposal referred to Academics/Eligibility/Compliance Cabinet, Championships/Competition Cabinet and Committee on Women's Athletics.

(6) No. 98-58 -- Financial Aid -- Midyear Graduate -- Division I-A Football. A proposal, in Division I-A football, to permit a counter who graduates at midyear or who graduated during the previous academic year (of following summer) to be replaced with an initial counter.

Proposal referred to Championships/Competition Cabinet.

(7) No. 98-60 -- Housing And Meals -- Vacation -- Period Expenses. A proposal to specify that an institution may provide room and board expenses for specific period of time to student-athletes who return to the institution's campus during a vacation period following institutional competition.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(8) No. 98-62 -- Playing And Practice Seasons -- Division I Golf. A proposal to permit institutions that are members of conferences that conduct a conference championship in the sport of golf during the fall term to begin preseason practice on August 24 or the institution's first day of classes for the fall term, whichever is earlier, and to begin the first date of competition on September 1 or the institution's first day of classes for the fall term. whichever is earlier.

Proposal referred to Championships/Competition Cabinet.

(9) No. 98-63 -- Playing And Practice Seasons -- Division I Tennis. A proposal to specify that tournaments conducted under a team tennis format competition, involving no more than three men and three women participants, shall not count as an institutional date of competition for either the men's or women's tennis team and shall count as a single date of competition for each individual participating in the event, regardless of the actual number of days during which competition occurs.

Proposal referred to Championships/Competition Cabinet.

(10) No. 98-65 -- Playing And Practice Seasons -- Division I Field Hockey -- First Permissible Contest Date. A proposal to establish 11 weeks prior to the start of the NCAA Field Hockey Championships as the first permissible contest date in the sport of field hockey.

Proposal referred to Championships/Competition Cabinet.

(11) No. 98-66 -- Playing And Practice Seasons -- Division I Women's Soccer. A proposal to establish 11 weeks prior to the start of the NCAA championships as the first permissible contest date in the sport of women's soccer.

Proposal referred to Championships/Competition Cabinet.

(12) No. 98-67 -- Recruiting -- Video Materials. A proposal to permit an institution to produce and show electronically stored information to a prospect and his or her coach, as specified.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(13) No. 98-68 -- Recruiting -- Competition Against Prospects. A proposal to prohibit women's volleyball teams from engaging in competition against outside teams that include prospects, except for exempted contests against a foreign team or a U.S. national team.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(14) No. 98-69 -- Outside Competition -- Division I Men's Water Polo. A proposal to permit student-athletes in the sport of men's water polo to compete on outside teams during the spring outside of the institution's playing and practice season, as specified.

Proposal referred to Championships/Competition Cabinet.

(15) No. 98-70 -- Recruiting -- Publicity. A proposal to eliminate the restrictions that apply to the number of occasions and the manner by which institutions publicize the commitment of prospects who have signed a National Letter of Intent, or for those institutions that do not subscribe to the National Letter of Intent, prospects who have signed a written offer of admission and/or financial aid.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(16) No. 98-71 -- Scouting Opponents. A proposal to permit an institution to purchase videotapes of opponents from individuals and/or professional scouting services.

Proposal referred to Championships/Competition Cabinet. [The proposal was tabled in a later action. The Management Council requested that the Championships/Competition Cabinet provide comment on the proposal for review at the Management Council's October meeting -- see Item No. 19-e-(3) below.]

(17) No. 98-72 -- Restricted Coach -- Division I Basketball. A proposal to permit restricted coaches in the sport of basketball to recruit off campus without increasing the number of coaches who can recruit off campus at any one time.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(18) No. 98-73 -- Two-Year College Transfers -- Partial Qualifier Or Nonqualifier -- Division I Sports Other Than Football And Men's Basketball. A proposal to require a partial qualifier or nonqualifier in sports other than football and men's basketball who transfers to a member institution from a two-year college to have successfully completed six credit hours of nonremedial English in order to be immediately eligible for institutional financial aid, practice and competition during the first academic year.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(19) No. 98-74 -- Two-Year College Transfers -- Partial Qualifier And Nonqualifier -- Division I Football And Men's Basketball. A proposal to require a partial qualifier or nonqualifier in the sports of football and men's basketball who transfers to a member institution from a two-year college to have successfully completed six credit hours or nonremedial English in order to be immediately eligible for institutional financial aid and practice during the first academic year.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

(20) No. 98-75 -- Financial Aid -- Summer School. A proposal to permit an institution to award athletics aid to a student to attend an institution's summer term prior to the student's initial, full-time collegiate enrollment; further, to limit the recipient to not more than four additional summer terms of athletics aid.

Proposal referred to Academics/Eligibility/Compliance Cabinet.

b. No. 98-59 -- Medical Expenses. The Management Council considered a proposal to prohibit dietary supplements as permissible medical benefits incidental to a student's participation in intercollegiate athletics that may be financed by an institution.

It was voted that the Management Council refer the proposal to the Championships/Competition Cabinet and the Committee on Competitive Safeguards and Medical Aspects of Sport. (Unanimous voice vote.)

c. No. 98-61 -- Limitations On Automatic-Qualification -- Division I Basketball. The Management Council considered a proposal to limit the number of automatic-qualifying positions in the men's and women's basketball championship fields to 30 and the number of at-large positions to 34.

The proposal was ruled out of order because of conflict with the championships access guarantee set forth in Constitution 4.01.2.3.1.

It was voted that the Management Council refer the issues raised in the proposal to the Championships/Competition Cabinet. (Unanimous voice vote.)

d. No. 98-64 -- Division I Legislative Process -- Effective Dates. The Management Council considered a proposal, in Division I, to specify that a federated provision that is amended with an immediate effective date shall become effective no earlier than the conclusion of the override period.

It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (For 21, against 7.) [See Vote No. 23.]

e. Reconsideration of Consent Package/Proposal No. 98-71 -- Scouting Opponents.

(1) It was voted that the Management Council reconsider the actions taken on the proposals listed in the consent package under Item No. 19-a above. (For 29, against 2.) [See Vote No. 24.]

(2) It was voted that all proposals in the consent package except for Proposal No. 98-71 should be referred to the appropriate governance body as indicated above. (Unanimous Voice Vote.)

(3) No. 98-71 -- Scouting Opponents. The Management Council considered a proposal to permit an institution to purchase videotapes of opponents from individuals and/or professional scouting services.

It was voted that the Management Council table the proposal. (Unanimous voice vote.)

(4) It was voted that the Management Council request the Championships/Competition Cabinet to provide comment on the proposal for the Management Council's October meeting. (Unanimous voice vote.)

20. Status of the Legislation Approved by the Board in April. The Management Council received a report of the status of legislation approved by the Board in April, including the number of override requests submitted. No specific action was taken.

21. Procedures for Minority Enhancement Under Bylaw 11.3.3.4. The Management Council discussed an appropriate method for establishing guidelines regarding the participation of institutional staff members in an established formal program administered by a professional sports organization and designed to enhance the skills associated with the staff member's profession under Bylaw 11.3.3.2.4.

It was voted that the Management Council refer the development of such policies and guidelines regarding professional-enhancement programs to the Academics/Eligibility/Compliance Cabinet. (Unanimous voice vote.)

22. Membership Issues.

a. Quarterly Status Report on NCAA Membership and Reclassification. The Management Council reviewed the quarterly status report and took no action.

b. Sports Sponsoring/Scheduling Waiver Requests. The Management Council reviewed two waiver requests and suggested that for future waivers, the staff should include a summary of prior requests by that institution for waivers of the Division I membership requirements.

(1) East Tennessee State University. The Management Council reviewed a request from East Tennessee State University, submitted in accordance with Bylaw 20.8.3.3.8.1, to waive the requirements for minimum contests and participation in women's indoor and outdoor track, as specified in NCAA Bylaw 20.8.3.3.

It was voted that the Management Council approve the waiver as requested. (Unanimous voice vote.)

(2) Southern Utah University. The Management Council reviewed a request from Southern Utah University, submitted in accordance with Bylaw 20.8.4.1.6, to waive the Division I scheduling requirements in baseball as specified in Bylaw 20.8.4.1.

It was voted that the Management Council approve the waiver as requested. (Unanimous voice vote.)

c. Provisional Membership Issues.

(1) Provisional Membership Annual Reports.

It was voted that the Management Council approve the provisional membership annual reports for the University of Arkansas, Pine Bluff, and Belmont University. (Unanimous voice vote.)

(2) Provisional Membership Application. The Management Council reviewed an application for provisional membership from Texas A&M University, Corpus Christi, for the 1998-99 academic year.

It was voted that the Management Council approve the application for provisional membership from Texas A&M University, Corpus Christi. (Unanimous Voice Vote.)

(3) Provisional-Membership Policy Issues. The Management Council received a report regarding several policy issues concerning provisional members.

It was voted that NCAA staff should send specific recommendations to the Management Council regarding a policy and possible fee for an institution that wishes to transfer its provisional membership to a different division and regarding the establishment of an educational program for provisional members. (Unanimous voice vote.)

23. Other Business.

a. Restricted-Earnings Coach Litigation. Mr. Dempsey presented an update regarding financial issues related to litigation involving restricted-earnings coaches.

It was voted that the Management Council agree to a process for determining alternative methods for funding any expenses related to the restricted-earnings coach litigation, including solicitation of suggestions from the conferences represented in the governance structure, review by the Management Council in October and January, and the proposal of alternative recommendations for the Board of Directors and Executive Committee to review by January. (Unanimous voice vote.)

b. Broad-Based Study of Basketball Issues. The Management Council discussed the need for examining issues and problems regarding Division I basketball.

It was voted that the Management Council should coordinate a broad-based review of issues related to college basketball and provide energy and leadership in aggressively attacking the problems; that representatives of the Board of Directors and Management Council, and other experts (e.g., cabinet members, members of basketball committees, coaches, high-school representatives) should be included in the group reviewing basketball issues; and that Management Council members should identify and forward by August 5 to the Management Council Administrative Committee the names of individuals who might be qualified to serve with this group. (Unanimous voice vote.)

c. Reporting of Cabinet Votes.

It was voted that for actions reported to the Management Council, any cabinet vote that is not unanimous should be reported with voting totals (not roll-call votes) of the number of cabinet members in favor of the action and those opposed and abstaining. (Unanimous voice vote.)

d. Review of Division I Governance Structure. The Management Council agreed that during the next year, it should evaluate the Division I governance structure, functions and workloads of the Division I governance bodies and general administration of the division.

e. Review of Initial-Eligibility Clearinghouse. The Management Council reviewed suggestions in the form of a resolution regarding the operation of the Initial-Eligibility Clearinghouse.

It was voted that the Management Council refer to the Academics/Eligibility/Compliance Cabinet a suggestion for reviewing the operation of the Initial-Eligibility Clearinghouse in an attempt to reduce costs. (Unanimous voice vote.)

f. Championships Travel. The Management Council reviewed suggestions in the form of a resolution regarding the possible changes to the administration of championships travel.

It was voted that the Management Council refer to the Championships/Competition Cabinet a suggestion for review of changes to the administration of championships travel. (Unanimous voice vote.)

g. Management Council Agenda Items. It was the sense of the meeting that the Management Council Administrative Committee should review requests for agenda items at least 30 days prior to a Management Council meeting and that it is the policy of the Management Council that legislative proposals not submitted by the conference submission deadline (i.e., 45 days prior to a meeting) cannot be introduced by Management Council members at the meeting.

24. Closing Remarks.

a. Mr. Dempsey expressed his appreciation to the Management Council for its work in the new structure and noted that Mr. Berst would succeed Stephen R. Morgan as chief of staff for Division I upon the conclusion of the August 1998 Board of Directors meeting. Mr. Bowlsby expressed appreciation for Mr. Morgan's work with the Division I governance structure and with the overall NCAA restructuring transition. The Management Council expressed its appreciation to Mr. Morgan.

b. Mr. Bowlsby noted that this would be the last Management Council meeting for Ms. West, who was retiring. The Management Council expressed its appreciation to Ms. West for her work with the Management Council.