The NCAA News - News and Features

The NCAA News -- October 12, 1998

Division I -- Board of Directors minutes

Following are the minutes of the August 11, 1998, meeting of the Division I Board of Directors at the Hyatt Regency O'Hare in Chicago. All actions taken by the Board of Directors are included. Highlights of the meeting were reported in the August 17 issue of The NCAA News.

1. Opening Remarks. Kenneth A. Shaw, chair, welcomed Robert Lawless as a new member to the Board.

2. Previous Minutes. The Board reviewed and approved the minutes of its April 21, 1998, meeting, as distributed.

3. Report of the April 22 Meeting of the NCAA Executive Committee. The Board took no formal action.

4. Report of the July 27-29 Division I Management Council Meeting. Robert A. Bowlsby reported on the actions taken by the Management Council during its meeting and noted the following items of particular interest to the Board.

a. Proposal No. 98-89 (MC1) -- Admissions and Graduation-Rate Disclosure. The Board reviewed a proposal recommended by the Academics/Eligibility/ Compliance Cabinet and approved by the Management Council to eliminate the requirement that Division I institutions send admissions and graduation-rate information specified in Bylaw 30.1 directly to the NCAA national office.

It was voted that the Board give final approval to the proposal. (Unanimous voice vote.)

b. Update of Division I-A Football Study. The Board discussed the decision by the Management Council to not support funding for an update of the statistical data in the 1994 report of the Special Committee to Review a Division I-A Football Championship, but took no formal action.

c. Funding of Championships Budget Requests. The Board reviewed actions taken by the Management Council to approve the expansion of Division I championships in baseball, men's and women's cross country, women's soccer, women's softball and women's volleyball; to approve the underwriting of expenses that are not covered in the NCAA-approved games budgets for the respective championships; and to increase the per diem for game officials in the 1999 Division I Women's Basketball Championship to be consistent with the per diem paid for game officials in the Division I Men's Basketball Championship.

It was voted that the Board support the funding of the championships bracket expansion, the championships enhancements and the increase in women's basketball game officials' per diem recommended by the Championships/Competition Cabinet and the Management Council primarily through the reallocation of funds currently budgeted for Division I championships expenses. [For 13 (Casteen, Shaw, Dennison, DeGiorgio, Spanier, Halligan, Cartwright, Rawlins, Schwartz, Smith, Wethington, Tyson, Lawless), against 2 (Scanlan, Fort).]

d. Proposals to Amend Administrative and Executive Regulations.

(1) Proposal No. 98-80 (CC) -- Postseason Bowl Certification -- Six-Victory Requirement. The Board of Directors reviewed a proposal recommended by the Championships/Competition Cabinet and the Management Council 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 Board give final approval to the proposal. (Unanimous voice vote.)

(2) No. 98-81 (CC) -- Automatic Qualification -- Division I Men's Basketball. The Board reviewed a proposal recommended by the Championships/ Competition Cabinet and approved by the Management Council 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.

It was voted that the Board of Directors give final approval to the proposal. (Unanimous voice vote.)

(3) Logo Restrictions During NCAA Championships. The Board reviewed the following two proposals recommended by the Championships/ Competition Cabinet and the Management Council regarding logo restrictions on bench personnel and noncompeting participants during NCAA championships:

(a) 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, athletic trainers, managers) who are on the team bench for practices and games, and who participate in NCAA news conferences.

(b) No. 98-83 (CC) -- NCAA Championships -- Logo Restrictions -- Noncompeting Participants. Intent: To specify that the logo restrictions on student-athlete's 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 Board of Directors give final approval to both proposals. (Unanimous voice vote.)

(4) No. 98-85 (CC) -- Contest Exemptions -- Division I-A Football. The Board reviewed a proposal recommended by the Championships/ Competition Cabinet and the Management Council 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 moved and seconded that the Board of Directors give final approval to the proposal. [Defeated -- For 1, (Rawlins), against 9 (Shaw, Spanier, Halligan, Cartwright, Schwartz, Fort, Smith, Wethington, Lawless), abstain 5 (Casteen, Dennison, DeGiorgio, Scanlan, Tyson).]

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

It was voted that the Board of Directors give final approval to the proposal. (Unanimous voice vote.)

(6) No. 98-87 (CC) -- Exempted Contests -- Officials. The Board reviewed a proposal recommended by the Championships/Competition Cabinet and the Management Council to specify in sports other than football and basketball, 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.

It was voted that the Board of Directors give final approval to the proposal. (Unanimous voice vote.)

(7) No. 98-88 (CC) -- Exempted Contests -- Sponsoring Agency. The Board reviewed a proposal recommended by the Championships/Competition Cabinet and the Management Council to specify in Division I sports other than football, 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 Board of Directors give final approval to the proposal. (Unanimous voice vote.)

e. Emergency, "Noncontroversial" Legislation. The Board reviewed recommendations from the Management Council that it use its authority to adopt emergency, "noncontroversial" legislation to adopt the following proposals:

(1) No. 98-76 (CC) -- Championships/Competition Cabinet -- Duties. Intent: To add to the duties of the Championships/Competition Cabinet the oversight responsibility for applicable playing regulations and their impact on the ability to be administered during the regular season and during the administration of the championship in the applicable sport.

(2) No. 98-77 (CC) -- Playing And Practice Seasons -- Division I Women's Water Polo. Intent: 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.

(3) No. 98-78 (CC) -- Playing And Practice Seasons -- Division I Women's Ice Hockey. Intent: 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.

(4) No. 98-79 (CC) -- Playing And Practice Seasons -- First Contest Date -- Division I Basketball. Intent: 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 Board of Directors use its emergency, "noncontroversial" legislative authority to approve Proposal Nos. 98-76, 98-77, 98-78 and 98-79, effective immediately. (Unanimous voice vote.)

f. Review of Initial-Eligibility Clearinghouse Fee. The Board reviewed information recommending an increase in the clearinghouse fee.

It was voted that the Board of Directors support an increase from $18 to $25 in the student application fee for prospective student-athletes who register for the NCAA Initial-Eligibility Clearinghouse for the 1999-2000 fiscal year and the Management Council's direction to the Academics/Eligibility/Compliance Cabinet to 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. (Unanimous voice vote.)

g. Recommendation from the Management Council Ad Hoc Subcommittee Appointed to Review Proposal No. 98-33. The Board received a report regarding the recommendations of the Management Council Ad Hoc Subcommittee Appointed to Review Proposal No. 98-33 as approved by the Management Council.

It was voted that the Board of Directors endorse the recommendation of the Management Council 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 Committee on Infractions, Infractions Appeals Committee, Financial Aid Committee, Baseball Committee, Men's Basketball Committee, Women's Basketball Committee, Women's Volleyball Committee, Men's Soccer Committee, Women's Soccer Committee and Softball Committee are not subject to the requirements; and that Bylaw 21 should be amended to reflect a specific composition for those committees. (Unanimous voice vote.)

It was moved and seconded that the Board of Directors use its authority to approve the Management Council recommendations, effective immediately. [Defeated -- For 3 Spanier, Smith, Wethington), against 11 (Casteen, Shaw, Dennison, DeGiorgio, Halligan, Cartwright, Scanlan, Schwartz, Fort, Tyson, Lawless), not voting 1 (Rawlins).]

It was noted that the Board of Directors would formally act on these recommendations at its October meeting after the Management Council reviews membership comment on Proposal No. 98-100. The Board also noted that the Management Council had imposed a three-year moratorium (after these recommendations are adopted) on changes in subdivisional-representation restrictions for Division I committees.

h. Review of Issues Concerning Institutional Decisions to Discontinue Sports. The Board received a report regarding the Management Council's endorsement of a resolution adopted by the American Council on Education (ACE).

It was voted that the Board of Directors endorse the resolution adopted by the American Council on Education (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 particular sport becomes a necessity. (Unanimous voice vote.)

i. Proposals Given Approval (Initial and Final) by the Management Council.

a. No. 97-25 (MC1) -- Foreign Tours -- Seasons Of Competition. The Board reviewed 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.

It was voted that the Board give final approval to the proposal. (Unanimous voice vote.)

b. Consent Items. The Board reviewed the following legislative proposals that had received initial and final approval from the Management Council and took the following action:

(1) No. 97-41 (MC1) -- Eligibility -- Athletics Activities Waiver. Intent: 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.

(2) No. 97-43 (MC1) -- Financial Aid -- Professional Sports Organization. Intent: 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.

(3) No. 98-35 (MC1) -- Division I Legislative Process. Intent: 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 override of the Board's action to adopt, or failure to adopt, a legislative change and 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.

(4) No. 98-42 (MC1) -- Permissible Expenses -- Meals. Intent: 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.

(5) No. 98-44 (MC1) -- Athletics Certification -- Postponement Of Certification Decision. Intent: 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.

It was voted that the Board of Directors give final approval to these legislative proposals as a consent package. (Unanimous voice vote.)

j. Locations for Committee Meetings. The Board received a report regarding Management Council recommendations for changing policies regarding locations for committee meetings to reduce expenditures.

It was voted that the Board agree with the actions taken by the Management Council that, effective immediately, committee meetings will be permitted to be scheduled during the annual Convention, and NCAA staff members will determine the locations of all committee meeting sites. (Unanimous voice vote.)

k. Broad-Based Study of Basketball Issues. The Board received a report regarding recommendations from the Management Council for a broad-based review of issues related to college basketball coordinated by the Management Council and involving representatives of the Board of Directors and Management Council and other experts (e.g., cabinet members, members of basketball committees, coaches, high-school representatives).

The Board expressed appreciation for the interest and work of the Management Council but noted that the Board should take the lead regarding this initiative.

It was voted that the Board establish a task force to conduct a broad-based review of issues related to college basketball, that Chancellor Shaw should serve as chair of the group and that by August 31, members of the Board should submit to David Berst, incoming NCAA Division I chief of staff, (in the national office) nominations of presidents who could also serve on the task force. (Unanimous voice vote.)

l. Examination of Grants-in-Aid. Mr. Bowlsby reported that in response to the request from the Board of Directors 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 Management Council had referred this issue to the Financial Aid Committee. Mr. Bowlsby noted that the Board had requested that the study should include possible implications of increasing the grant-in-aid for student-athletes who receive partial grants-in-aid and that the Management Council submit a report to the Board in October. Mr. Bowlsby reported that, effective September 1, there would be several new members to the Financial Aid Committee and that a report regarding this issue would not be ready for review by the Board during its October meeting.

5. Approval of Goals and Objectives in the Strategic Planning Process. The Board received a report regarding the Division I strategic planning process and the goals and objectives as modified by the Management Council. The Board noted that it will review the goals and objectives in April, along with action plans from the cabinets.

6. Report on Agreement with Department of Justice Concerning the Eligibility of Learning-Disabled Student-Athletes. Elsa Kircher Cole, NCAA legal counsel, provided an update on the status of the consent decree with the United States Department of Justice and associated litigation. The Board took no formal action.

7. Report on Membership Response to Legislation Acted Upon by the Board at its April Meeting.

a. Review of Override Requests Concerning Proposal No. 98-32 Regarding Sunday Competition During Postseason Championships.

The Board reviewed the provisions of Proposal No. 98-32 regarding Sunday competition, noted that 99 institutions had requested that an override vote occur at the 1999 Convention and discussed possible alternatives for amending and processing the proposal.

(1) It was moved and seconded that the Board modify Proposal No. 98-32 to establish a requirement specifying that if a participating institution has a written policy against competition on a particular day for religious reasons, the championships schedule must be adjusted to accommodate that institution, and to establish a waiver opportunity for the requirement, which must be approved by a majority vote of the Championships/Competition Cabinet members present and voting.

(2) It was voted that the Board specify that a governing sports committee may request a waiver of the new requirement regarding religious conflicts if the committee "concludes that accommodating an institution's policy as required by Bylaw 31.1.4.1 would unduly disrupt the orderly conduct of a championship. [For 9 (Shaw, Dennison, DeGiorgio, Cartwright, Rawlins, Schwartz, Smith, Wethington, Lawless), against 5 (Casteen, Spanier, Halligan, Scanlan, Tyson).]

(3) It was voted that the Board modify and adopt Proposal No. 98-32 to establish a requirement specifying that if a participating institution has a written policy against competition on a particular day for religious reasons, the championships schedule must be adjusted to accommodate that institution and to establish a waiver opportunity for the requirement if a governing sports committee concludes that such an accommodation would unduly disrupt the orderly conduct of a championship. [For 13 (Casteen, Shaw, Dennison, DeGiorgio, Spanier, Halligan, Cartwright, Rawlins, Scanlan, Schwartz, Smith, Wethington, Tyson), against 1 (Lawless).]

(4) It was noted that as a result of this modification, there will be no override vote on the original Proposal No. 98-32 language at the 1999 NCAA Convention.

(5) It was further noted that Proposal No. 98-32, as amended, is effective immediately, will be circulated to the membership and is subject to a new override period.

b. Report on Other Legislative Proposals. The Board took no formal action.

8. Budget Issues.

a. 1998-99 Proposed Operating Budget. The Board discussed the proposed budget for the 1998-99 fiscal year.

It was voted that the Board approve the 1998-99 budget for Division I as presented. (Unanimous voice vote.)

b. Update Regarding Restricted-Earnings Litigation.

The Board reviewed a process recommended by the Management Council for determining alternative methods for funding expenses related to the restricted-earnings coach litigation.

It was voted that the Board approve the process recommended by the Management Council, 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 to Review by January. (Unanimous voice vote.)

9. Southwestern Athletic Conference Replacement for James Frank on the Management Council. The Board approved the selection of Rudy Washington as the Southwestern Athletic Conference representative on the Management Council.

10. Athletics Apparel Manufacturers. Ms. Cole noted that the United States Department of Labor would be discussing this issue, that the NCAA would be involved in the discussions and that information concerning the topic would be reviewed with the Board in October. The Board took no formal action.

11. Administrative Review Subcommittee. Stephen R. Morgan, NCAA Division I chief of staff, reported on the policies of the Administrative Review Subcommittee regarding the flexibility of established procedures. The Board took no formal action.

12. Other Business.

a. Board of Directors Chair. The Board accepted the resignation of Chancellor Shaw as chair of the Board to enable him to devote his attention to the group conducting a broad-based review of issues related to college basketball.

It was voted that Graham B. Spanier be elected as chair of the Board of Directors through the January 1999 meeting, the remainder of Mr. Shaw's term. (Unanimous voice vote.)

b. Baseball Bat Rules Change. Ms. Cole presented a report regarding recent rules changes for baseball bats approved by the championships authority in each of the three divisions and noted that the Executive Committee would consider whether to establish a common effective date for all three divisions.

It was voted that the membership should be made aware of the safety danger associated with the current bats so that an institution could take any action it deemed necessary until the new rule becomes effective. (Unanimous voice vote.)

c. Ad Hoc Committee to Review Diversity Issues. Anthony J. DiGiorgio reported on the meeting of the presidential Ad Hoc Committee to Review Diversity Issues and noted that the group had received reports from the Committee on Women's Athletics and the Minority Opportunities and Interests Committee, which outlined inequities between men's and women's sports in several areas.

It was voted that the Board endorse a study, recommended by the presidential Ad Hoc Committee to Review Diversity Issues, to reexamine specific Association programs and policies related to Title IX compliance in a number of areas, including promotions and marketing, championships and bracket sizes, special and exempted events and NCAA-sponsored officials' programs; and that a report should be provided in January. (Unanimous voice vote.)

d. April Meeting Dates and Sites. The Board directed the staff to explore the possibility of moving the April presidential meetings to Washington, D.C., and to change the date to the afternoon of April 20 (divisional meetings) and the morning of April 21 (Executive Committee) to permit the presidents to attend both the NCAA meetings and an Association of American Universities (AAU) meeting being held on the previously scheduled dates (April 22 and 23).

13. Closing Remarks. Mr. Shaw expressed appreciation to Mr. Morgan for his contributions to the restructuring efforts and particularly with the Division I governance structure. The Board expressed appreciation to Mr. Morgan and welcomed Mr. Berst to the Division I governance staff.