1. Announcements. Lynn L. Dorn, chair, noted that Timothy J. Dillon and Alfreeda Goff have resigned from the Management Council and that the staff is working with the Division II independent institutions and the Central Intercollegiate Athletic Association (CIAA) to identify a slate of candidates so that new representatives may be selected before the October Management Council meeting.
2. Minutes. The Management Council reviewed the minutes of its April 14-15, 1998, meeting.
3. Report of the Presidents Council's April 21 Meeting. The Management Council reviewed the minutes of the April 21, 1998, Presidents Council meeting without taking any formal action.
4. Report of the Executive Committee's April 22 Meeting. The Management Council reviewed the minutes of the April 22, 1998, Executive Committee meeting without taking any formal action.
5. Review of Committee Recommendations Affecting Division II. The Management Council reviewed recommendations from various Association-wide and Division II committees.
a. Association-Wide Committees.
(a) It was voted that the Management Council modify the penalty application for not wearing a mouth piece in the sport of ice hockey as recommended by the committee.
(b) It was voted that the Management Council recommend that the Presidents Council support the committee's request that the NCAA drug-testing budget be increased by $80,000 (for 1998-99) to finance the purchase of carbon isotope ratio (CIR) equipment at the UCLA laboratory.
(c) It was voted that the Management Council issue an interpretation as recommended by the committee to prohibit Division II member institutions from providing weight gain and muscle/strength building supplements or products to student-athletes at any time as opposed to a prohibition only during the summer vacation period.
(d) It was voted that the Management Council ask the Division II Legislation Committee to review Bylaw 16.4 (medical expenses) to discuss and make a recommendation on whether the legislation should be modified as recommended by the Committee on Competitive Safeguards and Medical Aspects of Sports to permit Division II institutions to provide certain medical expenses for student-athletes during the summer.
(e) It was voted that the Management Council recommend that the Presidents Council ask the Executive Committee to sponsor legislation to amend Bylaw 21.1.2 to increase by one the membership of the Committee on Competitive Safeguards and Medical Aspects of Sports and to specify that the additional member shall be a coach.
(f) The Management Council accepted a report from the committee regarding its discussions related to cardiovascular issues and noted that an earlier request for $15,000 for the production of cardiovascular educational materials was withdrawn.
It was voted that the Management Council recommend that the Division II Academic Requirements Committee review an issue identified by the committee regarding high schools that grant a significant number of core-course units within the same semester or during the summer months and also that the committee report on the status of the evaluation of home-school and charter school curriculums in Division II.
(a) It was the sense of the Management Council that the committee's recommendation that legislation be sponsored to add two student-athletes to the committee not be approved at this time.
(b) It was moved and seconded that the Management Council support a recommendation from the committee to modify the NCAA position on gambling to include language that would discourage individuals from associating or maintaining relationships with others who have an interest in gambling activities. (Defeated -- 7-8.)
(c) It was voted that the Management Council not support a recommendation from the committee that action be taken to prohibit NCAA staff members from attending meetings or functions (hosted by affiliated organizations) that are held in metropolitan areas that have an open or legal sports book or meetings conducted at any gambling casino facility.
(d) It was moved and seconded that the Management Council support a recommendation from the committee that background checks be conducted on individuals selected as officials for NCAA championships to ensure that they do not have an affiliation with gambling-related interests. (Defeated -- voice vote.)
(a) It was voted that the Management Council recommend that the Presidents Council ask the Executive Committee to sponsor legislation to amend Constitution 2.6 (principle of nondiscrimination) to make the principle more specific by indicating that the Association does not discriminate against any person because of age, ancestry, color, disability, handicap, national origin, race, religious creed, gender or sexual orientation.
(b) It was voted that the Management Council not sponsor legislation at this time that would require every Division II institution to have a senior woman administrator and, instead, that the committee be asked for clarification on a number of issues, including more specific information on the proposed new definition of senior woman administrator.
(c) It was voted that the Management Council recommend that the Presidents Council sponsor legislation to add the sport of equestrian to the list of emerging sports for women.
b. Division II Committees.
(a) The Management Council considered a recommendation from the committee that an obvious-waiver category be established that would allow the Initial-Eligibility Clearinghouse to automatically grant waivers to Division II prospective student-athletes who are deficient in one unit in any core-curriculum area (including English).
It was moved and seconded that the Management Council recommend that the Presidents Council sponsor legislation to establish the obvious-waiver category." (Defeated -- 8-9.) [Note: The Management Council agreed to ask the committee to present information regarding Division II initial-eligibility waiver requirements for the Management Council to review during its October meeting.]
(b) It was voted that the Management Council issue an interpretation to permit Division I partial qualifiers who have earned a fourth season of competition per Bylaw 14.3.3.1 to transfer to Division II and compete for one season, provided they meet the graduate-student requirements set forth in Bylaw 14.1.7.1.
(c) It was voted that the Management Council recommend that the Presidents Council sponsor legislation to amend Bylaw 14.3.5.3.4 [general education degree (GED) test/equivalency diploma] to require prospective student-athletes who have taken the GED to meet either the minimum grade-point average and core-course requirements or the minimum standardized test-score requirements in order to be eligible to receive athletically related financial aid in the prospective student-athlete's first year.
(d) The Management Council received an informational report from the Division II Academic Requirements Committee subcommittee on initial-eligibility waivers related to the waiver requests it has processed since April 1998 and noted that the subcommittee had approved three cases, partially approved one case and denied four cases.
(a) The Management Council reviewed the report from the Division II Budget and Finance Committee and considered the committee's recommendation that the distribution formula for the Division II Enhancement Fund be modified so that two-thirds of the fund is distributed to Division II active member institutions equally and that the other one-third of the fund is distributed to Division II conferences based on participation in the Division II Men's and Women's Basketball Championships. The Management Council agreed that the distribution formula issue is of such importance that membership input should be sought one more time before a final decision is made. The Management Council also noted its belief that the formula should match closely the division's philosophy statement.
It was voted that the Management Council recommend that the Presidents Council consider forwarding the following two distribution models for review by the membership during a discussion forum at the 1999 Convention.
Distribution to Division II conferences based on the number of championships sponsored by the conference (one-third of the Enhancement Fund).
(b) The Management Council reviewed the 1998-99 Division II budget.
It was voted that the Management Council recommend that the Presidents Council approve the budget as presented.
(c) The Management Council reviewed the proposed changes to the Division II budget guidelines and principles, which included a reference to the division's philosophy statement.
It was voted that the Management Council recommend that the Presidents Council approve the modifications as suggested by the committee.
(3) Championships.
(a) The Management Council considered a recommendation from the committee to increase the distance in women's cross country from 5,000 meters to 6,000 meters for the 1998 Division II Women's Cross Country Championship.
It was voted that the Management Council approve the change in distance as suggested by the committee.
(b) It was voted that the Management Council recommend that the Presidents Council sponsor legislation to establish a Division II women's golf championship, effective 1999-2000.
(c) It was voted that the Management Council recommend that the Presidents Council sponsor legislation to eliminate the Division II Men's Ice Hockey Championship after the 1999 championship.
(d) It was voted that the Management Council ratify the following 16 appointments to Division II sports committees and Association-wide rules committees.
(i) Women's Basketball. Nancy P. Simpson, athletics director at California State University, San Bernadino, as the West region representative; and Jacqueline D. McWilliams, compliance coordinator for the Central Intercollegiate Athletic Association, as the South Atlantic region representative.
(ii) Men's Golf. Allen M. Cassell, athletics director and head golf coach at Mount Olive College, as the South region representative.
(iii) Men's Ice Hockey. Louis A. DiMasi, head ice hockey coach at St. Michael's College, as the East region representative.
(iv) Men's Soccer. Gary R. Hamil, director of athletics and head soccer coach at Wingate University, as the South region representative.
(v) Women's Soccer. Denise C. O'Grady, associate athletics director at Northern Colorado University, as the Great Plains region representative; and Linda R. Bauer, head coach at West Virginia Wesleyan College, as the Great Lakes region representative. [It was noted that appointments still need to be made for the New England and Southeast regions.]
(vi) Softball. Mary M. Nichols, head coach at Missouri Western State College, as the South Central region representative. [It was noted that a representative still needs to be appointed from the Northeast region.]
(vii) Men's Swimming. Pete Oliszczak, associate athletics director at the University of North Dakota, as a men's representative to the committee.
(viii) Men's and Women's Tennis. Sherry Lynn Kennemer, head women's tennis coach at the University of North Alabama, as the South region representative for the women's committee; and Jeffrey H. Childress, director of athletics at Pfeiffer College, as the East region representative for the men's committee.
(ix) Women's Volleyball. Debbie Traywick, head women's volleyball coach at Missouri Southern State College, as the South Central region representative.
(x) Water Polo. Thomas D. Elson, head water polo coach at the University of California, Davis, as the West region representative.
(xi) Ice Hockey Rules. Zafir G. Bludevich, assistant athletics director at St. Michael's College, as a Division II representative.
(xii) Softball Rules. Linda K. Draft, senior women's administrator at the University of Wisconsin, Parkside, as a Division II representative.
(xiii) Football Rules. James P. Jorgenson, associate commissioner of the California Collegiate Athletic Association, as a Division II representative.
(e) The Management Council reviewed the status of the Division II Men's Lacrosse Championship and noted that only 31 Division II member institutions sponsor the sport of men's lacrosse. Although the sponsorship number is below the required number of 50 institutions, the championship has been continued due to the provisions of Bylaw 18.2.10.1. The Management Council agreed not to recommend sponsorship of legislation to allow the Division II Men's Lacrosse Championship to continue after the 1999 championship.
(f) The Management Council discussed the Division II Championships Committee's oversight of rule changes as suggested by Association-wide playing rules committees. The Management Council agreed to defer action on the Championships Committee's suggested amendment to Bylaw 21.7.6.2.2-(c) related to the authority of the committee over playing rules. The Management Council agreed to ask the staff to investigate this issue to determine the necessity of such an amendment and to report its findings in October.
(g) The Management Council discussed the certification of Division II special events/contests. The Management Council agreed to refer the issue concerning the process for certifying all-star football and basketball contests and the need for guidelines for exempted contests back to the Championships Committee for further discussion.
(4) Legislation.
(a) The Management Council considered a recommendation from the committee related to the format of future Division II Manuals. The committee recommended the elimination of the "gaps" in the numerical sequencing in the Manual, the elimination of text applying only to Division I or III and the elimination of marginal voting designations for federated provisions. The Management Council considered the committee's recommendations and discussed them at length, but did not agree with the recommendation to eliminate the numerical "gaps" and Divisions I and III text from the Division III Manual. The Management Council noted that many Division II administrators need such references to Divisions I and III legislation, and agreed to recommend to the Presidents Council that the numerical "gaps," the references to Divisions I and III legislation and the marginal voting designations, be retained in the Division II Manual.
(b) The Management Council considered nine proposals that the Legislation Committee suggested be sponsored for the 1999 Convention. The Management Council agreed not to support a proposal that would eliminate the ban on Sunday competition at Division II championships and, instead, agreed to defer action until Division I has made a final decision regarding this issue.
It was voted that the Management Council recommend that the Presidents Council sponsor the following eight legislative proposals for the 1999 NCAA Convention:
(i) To permit one telephone call to a football prospect (or the prospect's relatives or legal guardians) during the month of May of the prospect's junior year in high school; further, to preclude any additional telephone calls until September 1 at the beginning of the prospect's senior year in high school.
(ii) To permit institutions in the sports of men's and women's basketball to make one telephone call to a prospect [or the prospect's parents or legal guardian(s)] on or after June 21 of the prospect's junior year in high school; further, to permit only three telephone calls to a prospect [or the prospect's parents or legal guardian(s)] during the month of July following the prospect's junior year in high school, with the restriction that no more than one telephone call may occur per week.
(iii) To specify that National Girls and Women in Sports Day activities held on an institution's campus are exempt from the limitations on providing entertainment to a prospect.
(iv) 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.
(v) To permit a student-athlete (recruited or nonrecruited) who is the recipient of a permissible outside financial aid award administered pursuant to 15.2.5.3 and 15.2.5.4 to receive such an educational award directly from the awarding agency, provided the aid is awarded prior to the recipient's initial enrollment at a member institution and the awarding agency provides written notification of the award to the institution.
(vi) 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.
(vii) To permit a two-year college transfer student to use an associate or equivalent degree that is academic, technical or vocational in nature to satisfy the two-year-college graduation requirement. [Note: A motion to reconsider asking the Presidents Council to sponsor this proposal passed, but the reconsideration vote was defeated by a vote of 5-11; so the original action to recommend sponsorship stands.]
(viii) 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) Membership.
(a) Educational Assessment Program.
It was voted that the Management Council recommend that the four-year educational assessment program for Division II provisional member institutions be modified to require new provisional member institutions to be represented at an NCAA Regional Seminar during the institutions' first year of provisional membership.
(b) New Active Member Institutions.
It was voted that the Management Council grant active Division II membership (effective September 1, 1998) for the following Division II provisional members: Central Washington University; Christian Brothers University; East Central University; Hawaii Pacific University (conditional active membership) [Note: As a condition of active membership, the institution must provide evidence to the Division II Membership Committee by January 31, 1999, that the institution has initiated the process for adding a winter women's sport by the 1999-2000 academic year.]; University of the Incarnate Word; Northeastern State University; Rockhurst College (conditional active membership) [Note: As a Condition of active membership, the institution's athletics director must attend a regional rules-compliance seminar in the spring of 1999, and the institution should initiate the process for scheduling a campus compliance review.]; St. Edwards University; St. Martin's College (conditional active membership) [Note: As a condition of active membership, at least one athletics administrator from the institution must attend a regional rules-compliance seminar in 1999 and 2000.]; St. Mary's University (Texas); Southeastern Oklahoma State University; Southwestern Oklahoma State University; Texas Lutheran University; Texas Wesleyan University; Tusculum College; Western Washington University; and Westminster College.
(c) Current Provisional Member Institutions.
(i) It was voted that three institutions be required to repeat (in 1998-99) the third year of the three-year Division II provisional membership period. The following three institutions will be considered again next summer for Division II active membership (effective September 1, 1999): Brigham Young University, Hawaii [Note: In August the Division II Administrative Committee considered new information from the institution and agreed to grant Brigham Young University, Hawaii, conditional active membership in 1998-99.]; Lewis Clark State College; and Oklahoma Panhandle State University.
(ii) It was voted that the Management Council move Anderson College into its final year of Division II provisional membership in 1998-99 and that the University of Findlay repeat in 1998-99 the second year of its three-year Division II provisional membership period.
(d) New Provisional Member Institutions.
It was voted that the Management Council approve provisional membership applications from the following 26 institutions [Note: These institutions will begin year one of the new four-year Division II educational assessment program for Division II provisional members in September 1998.]: Benedict College; Bloomfield College; Caldwell College; Carroll College; Concordia University (Minnesota); Converse College; Dallas Baptist University; Dominican College (New York); Felician College; Georgian Court College; University of Minnesota, Crookston; Northwest Nazarene College; Nova Southeastern University; Nyack College; Ohio Valley College; University of Puerto Rico-Bayamon; University of Puerto Rico-Cayey;University of Puerto Rico-Humacao; University of Puerto Rico-Mayaguez; University of Puerto Rico-Rio Piedras; Roberts Wesleyan College; St. Thomas Aquinas College (New York); Spelman College; Teikyo Post University (Connecticut); Tiffin University; and Western Oregon University.
(e) It was voted that the Management grant a waiver of the Division II football scheduling requirements for Central Washington University and a waiver of the Division II football and basketball scheduling requirements for Westminster College (Pennsylvania).
(f) The Management Council agreed to accept the committee's recommendation that the current Division II scheduling requirements not be modified at this time. The committee had noted that this issue was raised as a result of a meeting with Steven Baker, president of the NAIA, but affirmed its belief that the current scheduling requirements are an integral part of the Division II membership requirements.
(g) The Management Council agreed to ask the Division II Membership Committee and NCAA legal counsel to consider the implications, if any, of having active member institutions in Puerto Rico. The Management Council noted concern about whether Puerto Rican institutions are able to meet the Association's requirement of acceptable academic standards (i.e., the institution must be accredited by one of six regional accrediting agencies).
5. Review of Committee Recommendations Affecting Division II.
b. Division II Committees.
(6) Nominating. The Management Council considered committee vacancies to be filled by Division II representatives.
It was voted that the Management Council recommend that the Presidents Council ratify the following committee appointments: Women's Athletics--Jacqueline D. McWilliam, compliance coordinator, Central Intercollegiate Athletic Association; Academic Requirements--Pamela Gill-Fisher, senior woman administrator, University of California, Davis; Championships--Hindman Wall, director of athletics, University of Tampa; and Infractions--George W. Schubert, faculty athletics representative, University of North Dakota.
(7) Student-Athlete Advisory.
(a) It was voted that the Management Council recommend that the Presidents Council ratify the following four committee appointments: Debra Lynn Wood, Gannon University, Great Lakes Intercollegiate Athletic Conference; David Galla, University of New Haven, New England Collegiate Athletic Conference; Jennifer Wiggins, Mars Hill College, South Atlantic Conference; and Erica Bevington, West Liberty State College, West Virginia Intercollegiate Athletic Conference.
(b) It was voted that the Management Council recommend that the Presidents Council ratify the following four committee reappointments: Heather Leigh Andrews, Missouri Southern State College, Mid-America Intercollegiate Athletics Association; Kevin Michael Listerman, Northern Kentucky University, Great Lakes Valley Conference; Elizabeth Pelezo, Delta State University, Gulf South Conference; and Adrienne Tinch, Clark Atlanta University, Southern Intercollegiate Athletic Conference.
(c) The Management Council accepted a report from the committee regarding changes to the Division II Student-Athlete Advisory Committee Handbook, including modifications to the committee's guiding principles and the addition of a committee alcohol policy. The policy reads as follows:
"At some NCAA functions alcohol may be available. Alcohol use for individuals under the age of 21 is illegal in all fifty states. All individuals can face serious legal consequences for underage drinking or for providing alcohol to minors."
(d) The Management Council evaluated the 1998 Management Council/Student-Athlete Advisory Committee Summit and discussed the Title IX and "20-hour practice" rule issues that the student-athletes presented during the summit.
It was voted that the Management Council ask the Legislation Committee to review the 20-hour practice rule and consider whether to recommend that the legislation should be modified due to abuses.
(8) Student-Athlete Reinstatement.
(a) It was voted that the Management Council recommend that an eight- or nine-person project team be established to discuss issues related to the amateur status of international student-athletes in Division II and that the project team conclude its work by August 1999; further, that a representative from the Student-Athlete Reinstatement Committee serve on the project team who also will be designated as the Division II representative who will attend Division I amateurism subcommittee meetings (when invited) to provide a Division II perspective.
(b) It was voted that the Management Council recommend that the Presidents Council sponsor legislation to amend Bylaw 14.2.6 (season of competition waiver) to permit a student-athlete to regain a season of competition when a coaching staff member costs a student-athlete a season of competition by directing the student-athlete to participate in a contest when the staff member is unsure of the student-athlete's eligibility status and the student-athlete subsequently is determined to be ineligible for competition.
[Note: Upon reconsideration, it was voted that the Management Council not recommend that such legislation be sponsored. The Management Council expressed concerns about potential abuses and the automatic forfeiture requirement that was included in the committee's rationale.]
(c) It was voted that the Management Council recommend that the Presidents Council amend Bylaw 14.2.5 (hardship waiver) to require the submission of contemporaneous medical documentation with any hardship waiver request.
(d) It was voted that the Management Council recommend that the Presidents Council amend Bylaws 15.2.5.3-(b) and 15.2.4-(b) to make violations of these bylaws "de minimus violations." Violations of these bylaws would continue to be considered institutional violations; however, they would not affect the student-athlete's eligibility, provided the student-athlete deposits the aid with the institution and the aid does not cause an overaward. [Note: Immediate effective date.]
(e) It was voted that the Management Council recommend that the Presidents Council sponsor 36 pieces of restitution legislation as recommended by the committee. [Note: Immediate effective date.]
6. Division II Administrative Committee.
It was voted that the Management Council approve the actions of the Division II Administrative Committee in 1998 conferences 3 and 4.
7. NCAA Convention and Legislation.
a. Proposed Legislation for 1999 Convention Submitted by the Division II Membership. The Management Council agreed to delay any recommendations to the Presidents Council related to whether the Presidents Council should support or oppose any of the membership-submitted proposals until after these proposals have been reviewed by a Division II committee per Constitution 5.3.8 and until after the proposals have been considered by the Division II Student-Athlete Advisory Committee.
(1) Proposal No. 1-1 -- Eligibility for Membership -- Division II. The Division II Management Council noted that this proposal has significant Association-wide implications and agreed to recommend to the Presidents Council that the Executive Committee be asked to review the proposal to determine whether an action by Division II to adopt the proposal would be considered contrary to the basic purposes, fundamental policies and general principles set forth in the Constitution. The Management Council also agreed to recommend that the Association's legal counsel review the legal ramifications of this proposal.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Membership Committee for review.
(2) Proposal No. 1-2 -- Eligibility -- Additional Season-of-Competition Waivers.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Student-Athlete Reinstatement Committee for review.
(3) Proposal No. 1-3 -- Two-Year College Transfer -- Partial Qualifier or Nonqualifier -- Division II.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Academic Requirements Committee for review.
(4) Proposal No. 1-4 -- Eligibility -- One-Time Transfer Exception -- Division II.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Legislation Committee for review.
(5) Proposal No. 1-5 -- Playing and Practice Seasons -- Division II Basketball -- Annual Exemptions.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Championships Committee for review.
(6) Proposal No. 1-6 -- NCAA Championships -- Minimum-Sponsorship Criteria -- Division II Lacrosse Championships.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Championships Committee for review.
(7) Proposal No. 1-7 -- Recruiting -- Recruiting Calendar -- Division II Football.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Legislation Committee for review.
(8) Proposal No. 1-8 -- Championship Site Criteria -- Division II.
It was voted that the Management Council recommend that the Presidents Council refer this proposal to the Division II Championships Committee for review.
b. Proposed Legislation That the Presidents Council Has Agreed to Sponsor for the 1999 Convention. The Management Council noted that a proposal related to annual contest exemptions in the sport of field hockey would add three additional dates of competition in the sport of field hockey and expressed concern about the precedent that might be set by creating a limited exception for one sport.
It was voted that the Management Council recommend that the Presidents Council withdraw sponsorship of the proposal.
c. Noncontroversial Legislation per Constitution 5.3.1.1.1 Affecting Division II.
It was voted that the Management Council recommend that the Presidents Council approve the legislative format of the noncontroversial legislative proposals as modified by the Management Council.
d. Modifications of Legislation Based on Intent per Constitution 5.4.1.1.1 Affecting Division II.
It was voted that the Management Council recommend that the Presidents Council approve the legislative format of the modifications of legislation based on intent as presented.
e. Bylaws 30, 31 and 32 Revisions Affecting Division II.
It was voted that the Management Council recommend that the Presidents Council approve the legislative format of the Bylaws 30, 31 and 32 revisions as presented.
8. Minutes of the Interpretations Subcommittee of the Division II Legislation Committee.
It was voted that the Management Council approve the interpretations as set forth in the subcommittee's May 13 minutes.
9. Division II Project Team and Subcommittee Reports.
a. Project Teams.
(1) Convention Planning Project Team. The Management Council accepted the report from the project team without taking any formal action.
(2) Strategic Planning Project Team. The Management Council accepted the report from the project team without taking any formal action.
(3) Project Team to Review Diversity Issues.
(a) The Division II Management Council reviewed the report from the Division II Project Team to Review Issues Related to Diversity.
It was voted that the Management Council recommend that the Presidents Council sponsor for the 1999 Convention the diversity resolution as recommended by the project team.
(b) The Management Council also reviewed four legislative options being considered by the project team related to the enhancement of diversity on the Management Council and agreed to forward a number of comments and suggestions to the project team for further review, including whether it would be appropriate to collect data on the ethnicity of individuals who currently are employed at Division II institutions and conferences in a role other than one of the four "valued roles" for service on the Division II Management Council.
(4) Project Team to Review Management Council Policies and Procedures.
(a) The Management Council approved the revised Management Council policies and procedures document as presented by the project team.
(b) The Management Council considered five new policies recommended by the project team:
(i) It was voted that the Management Council approve a 'missed meeting' policy for Management Council representatives specifying that notice will be sent to conference offices if a Management Council representative misses two meetings.
(ii) It was voted that the Management Council approve an emergency election procedure that will allow the Management Council to elect Management Council representatives by mail ballot or telephone conference under certain circumstances.
(iii) It was voted that the Management Council approve a succession plan to be implemented when the chair and/or vice-chair of the Management Council resigns before his or her term expires.
(iv) It was voted that results of Management Council reelections be disclosed during the Management Council meeting and before any Management Council elections take place.
(v) The Management Council agreed to refer an issue back to the project team regarding the process that must be followed for a conference to remove its Management Council representative.
b. Management Council Subcommittees.
(1) Administrative Review Subcommittee. It was reported that the Management Council Subcommittee has processed 34 Division II cases since the April Management Council meeting.
(2) Infractions Appeals. The Management Council considered a recommendation from the subcommittee to revise the policies and procedures for the conduct of the Association's enforcement program by amending Bylaws 32.10.5 and 32.10.6 to delete the reference to an "expanded infractions report" when referring to the Division II Committee on Infractions' response to an appeal.
It was voted that the Management Council use its authority per Constitution 5.2.3.3 to approve the amendments as suggested by the subcommittee.
10. Division II Management Council.
a. Election of Management Council Chair. The Management Council conducted an election for chair to replace Lynn Dorn, whose term as chair will expire upon adjournment of the 1999 Convention. The Management Council agreed that an individual must receive a majority vote of those Management Council members present and voting in order to be elected as chair.
It was voted hat Clint Bryant be selected as the next Division II Management Council chair. (Written ballot.)
b. Committee and Project Team Representatives.
It was voted that the Management Council recommend that the Presidents Council ratify the appointment of Earl Edwards, director of athletics at East Stroudsburg University, as the Management Council representative on the Division II Championships Committee (due to the vacancy created by Barb Schroeder taking on the role of chair of the committee in September 1998). [Note: The seven additional Association-wide committee, Division II committee and project team vacancies for Management Council representatives will be forwarded to the Division II Administrative Committee consider during an upcoming telephone conference.]
c. Division II Communication Project Team. The Management Council agreed to recommend to the Presidents Council that a Division II communication project team be established to review issues related to the development of "message points" and an identity for Division II. The Management Council reviewed a draft Division II "facts and figures" document and made a number of suggested modifications to the document. It was agreed that the continued development of such a document could be one of the duties of a communication project team.
d. Division II and Association-Wide Committee Meeting Schedules and Rationale. The Management Council reviewed a summary of Division II and Association-wide committee meeting frequency. It was noted that pursuant to Bylaw 31.7.2.1.4, the Management Council must approve all Division II committee requests to conduct more than one in-person meeting per year. The Management Council agreed that each of the Division II committees presented strong rationale for their 1998-99 meeting schedules. The Management Council agreed to recommend that the Presidents Council support the concept of a letter being sent from Lynn Dorn and Don Lubbers, as chair of the Management Council and Presidents Council, respectively, to the chairs and staff liaisons of each Division II committee reminding them of the application of Bylaw 31.7.2.1.4 and encouraging them to continue to evaluate the need for more than one in-person meeting per year.
11. National Office Staff Updates.
a. Enhanced Compliance Program for Active Division II Institutions. The Management Council received an update from the membership services staff on the number of compliance reviews that were conducted during the 1997-98 academic year. It was noted that there have been six compliance reviews to date this year, and that the response to the reviews has been favorable.
b. Congressional Efforts to Govern Sports Team Discontinuation on Campuses. The Management Council received a report from Doris Dixon, NCAA director of federal relations, regarding efforts of the U.S. Congress to govern college and university decisions related to the discontinuation of sports teams. The Management Council noted that this is an Association-wide issue that affects all three divisions.
It was voted that the Management Council recommend that the Presidents Council endorse the following recommendations:
(a) That the NCAA endorse a resolution adopted by the American Council on Education to address campus protocols related to sports team discontinuation;
(b) That the NCAA conduct its own study of sports team discontinuation [in consultation with the Government Accounting Office (GAO)]; and
(c) That the NCAA not provide the information/data currently being requested by the GAO related to men's and women's participation in intercollegiate athletics, noting that the information is not readily or easily accessible. The Management Council also was of the opinion that future requests for such information/data should be considered on a case-by-case basis.
12. Other Business.
a. It was voted that the Division II Championships Committee be asked to remind Division II sports committees that they should be mindful of student-athlete welfare at all times when scheduling Division II championship events (e.g., matches should not start after 11 p.m., if possible).
b. The Management Council agreed to ask the Division II governance staff to meet with members of the NCAA enforcement staff to discuss a perception that appears to exist within the Division II membership that due to limited staff resources, secondary violations at Division II institutions are being addressed only at the Division II conference level, and not at the national level.
c. It was voted that the Management Council recommend to the NCAA staff that an annual evaluation process be developed that will involve the membership (e.g., committee chairs) in the evaluation of the performance of NCAA staff liaisons.
d. The Management Council received a report from NCAA President Cedric W. Dempsey; James L. Isch, NCAA vice-president for finance and information services; and Keith E. Martin, NCAA director of finance and business operations, regarding efforts by the staff to develop "better business practices" as a result of cost-cutting initiatives authorized by the Executive Committee. As a result of increased emphasis on the use of electronic technology to communicate with the membership, it was suggested that the Division II Budget and Finance Committee consider whether a portion of the unallocated funds in the Division II budget could be used to enhance the technological capabilities of Division II institutions and conferences.