The NCAA News - News and Features

The NCAA News -- October 26, 1998

Division II

Presidents Council minutes

Following are the minutes of the August 11, 1998, meeting of the Division II Presidents Council at the Hyatt Regency O'Hare in Chicago. All actions taken by the Presidents Council are included. Highlights of the meeting were reported in the August 31 issue of The NCAA News.

1. Announcements. Arend D. Lubbers, chair, welcomed Patricia P. Cormier, president of Longwood College, and Bernard W. Franklin, president of St. Augustine's College, to the Division II Presidents Council.

2. Minutes. The Presidents Council reviewed the minutes of its April 21, 1998, meeting.

It was voted that the minutes be approved as distributed.

3. Report of the Executive Committee. The Presidents Council reviewed the issues discussed during the April 22 Executive Committee meeting without taking any formal action.

4. Report of the Management Council. The Presidents Council considered a number of recommendations from the Division II Management Council.

a. Consent Package.

It was voted that the Presidents Council approve the consent package of noncontroversial legislation, modifications of legislation to conform to the intent, and Bylaws 30, 31 and 32 revisions as presented by the Management Council.

b. Committee on Competitive Safeguards and Medical Aspects of Sports.

(1) Drug-Testing Equipment.

It was voted that the Presidents Council recommend to the Executive Committee that the drug-testing budget be increased by $80,000 (for 1998-99) to finance the purchase of carbon isotope equipment for the UCLA laboratory, provided it is confirmed that the National Football League has made its $80,000 contribution.

(2) Composition of Committee. The Presidents Council reviewed a committee and Management Council recommendation that the Executive Committee sponsor legislation to modify the committee's composition by adding another coach. The Presidents Council did not approve the recommendation and instead agreed to ask the committee to consider reconfiguring its composition by changing the current committee membership requirements.

c. Committee on Women's Athletics.

It was voted that the Presidents Council recommend to the Executive Committee that legislation be sponsored for the 1999 Convention 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. (The motion was approved, 9 to 3.)

d. Division II Academic Requirements Committee.

It was voted that the Presidents Council sponsor legislation for the 1999 Convention to amend Bylaw 14.3.5.3.4 (GED test/equivalency diploma) to require student-athletes who earn a GED to meet either the minimum grade-point average and core-course requirements or the minimum standardized test-score requirement in order to be eligible to receive athletically related financial aid.

e. Division II Championships Committee.

(1) It was voted that the Presidents Council sponsor legislation for the 1999 Convention to establish a Division II women's golf championship, effective 1999-2000.

(2) It was voted that the Presidents Council sponsor legislation for the 1999 Convention to eliminate the Division II Men's Ice Hockey Championship, effective 1999-2000.

f. Division II Legislation Committee.

(1) Division II Manual. The Presidents Council considered whether to eliminate the numerical gaps in the Division II Manual, as well as the references to Divisions I and III legislation, and the marginal voting designations in the Division II Manual. The group agreed to ask the NCAA governance staff to discuss ways that the numerical gaps might be eliminated, while retaining a reference to legislation in the other two divisions.

(2) Legislation. The Presidents Council considered the committee's recommendations for sponsorship of legislation at the 1999 Convention. The Presidents Council declined to sponsor a proposal that would have permitted a two-year college transfer student to use an associate or equivalent degree that is technical or vocational in nature to satisfy the two-year college graduation requirement. The Presidents Council expressed concern about modifying the division's current academic requirements.

It was voted that the Presidents Council sponsor for the 1999 Convention the following seven proposals as recommended by the Legislation Committee and the Management Council:

(a) 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.

(b) 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.

(c) 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.

(d) 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 who have established eligibility for the subsequent academic year to participate on a summer foreign tour.

(e) To permit a student-athlete (recruited or nonrecruited) who is the recipient of a permissible outside financial aid award administered pursuant to NCAA Bylaws 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.

(f) 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.

(g) 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.

g. Division II Membership Committee.

It was voted that the Presidents Council approve the Management Council's recommendation that the Division II provisional membership educational assessment program be modified to require Division II provisional member institutions to attend an NCAA Regional Seminar during the first year of the educational assessment program.

h. Division II Nominating Committee.

It was voted 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--Hindmann Wall, director of athletics, University of Tampa; Infractions--George W. Schubert, faculty athletics representative, University of North Dakota.

i. Division II Student-Athlete Advisory Committee.

It was voted that the Presidents Council ratify the following appointments and reappointments:

(1) 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.

(2) 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.

j. Division II Student-Athlete Reinstatement Committee.

(1) Amateurism Issues.

It was voted that the Presidents Council approve the establishment of an eight- or nine-person project team to discuss issues related to the amateur status of international student-athletes in Division II.

[Note: The Presidents Council agreed that chief executive officer representation on this project team is necessary and agreed to ask the Division II Administrative Committee to make the appointments.]

(2) Legislation.

It was voted that the Presidents Council sponsor the following three proposals for the 1999 Convention:

(a) Hardship Waiver. To amend Bylaw 14.2.5 to require the submission contemporaneous medical documentation with any hardship waiver request.

(b) De Minimus Violations. To amend Bylaws 15.2.5.3-(b) and 15.2.4-(b) to make violations of these bylaws "de minimus violations."

(c) Restitution Legislation. To sponsor 36 pieces of restitution legislation as recommended by the committee and the Management Council.

k. Division II Membership-Sponsored Legislation.

(1) Proposal No. 1-1. The Presidents Council reviewed 1999 Convention Proposal No. 1-1 (Eligibility for Membership -- Division II), which would modify Constitution 3.1.1.1 (restriction on membership outside of the United States) to permit institutions outside the United States, its territories and possessions to apply for Division II membership under certain conditions. The Presidents Council recognized the potential significant Association-wide implications of such legislation and agreed to ask the Executive Committee to review at its October meeting whether action by Division II in January to adopt this proposal would constitute action by a division that is contrary to the basic purposes, fundamental policies and general principles set forth in the Constitution. The Presidents Council also agreed that the Association's legal counsel should be asked to review the legal implications of the proposal.

(2) Committee Review.

It was voted that the Presidents Council refer the eight membership-sponsored proposals to the following Division II committees for review per Constitution 5.3.8.1:

(a) Proposal No. 1-1 (Eligibility for Membership -- Division II): Division II Membership Committee.

(b) Proposal No. 1-2 (Eligibility -- Additional Season of Competition Waivers): Division II Student-Athlete Reinstatement Committee.

(c) Proposal No. 1-3 (Two-Year College Transfers -- Partial Qualifier or Nonqualifier -- Division II): Division II Academic Requirements Committee.

(d) Proposal No. 1-4 (Eligibility -- One-Time Transfer Exception -- Division II): Division II Legislation Committee.

(e) Proposal No. 1-5 (Playing and Practice Seasons -- Division II Basketball -- Annual Exemptions): Division II Championships Committee.

(f) Proposal No. 1-6 (NCAA Championships -- Minimum Sponsorship Criteria -- Division II Lacrosse Championships): Division II Championships Committee.

(g) Proposal No. 1-7 (Recruiting -- Recruiting Calendar -- Division II Football): Division II Legislation Committee.

(h) Proposal No. 1-8 (Championships Site Criteria -- Division II): Division II Championships Committee.

l. Presidents Council Sponsored Legislation for the 1999 Convention. The Presidents Council reviewed a Management Council recommendation to withdraw sponsorship of a proposal that would have added three additional dates of competition in the sport of field hockey if an institution plays such contests indoors. The Presidents Council agreed with the concerns expressed by the Management Council related to creating a limited exception for one sport.

It was voted that the Presidents Council withdraw sponsorship of this legislation for the 1999 Convention.

m. Division II Communication Project Team. The Presidents Council discussed a Management Council recommendation that a project team be established to focus on ways to define Division II's identity and communicate this information to Division II constituencies. The Presidents Council did not agree to establish a Division II communication project team at this time; instead, the Presidents Council agreed to ask the Division II Strategic Planning Project Team to begin discussions regarding the formulation and communication of Division II's identity.

n. Management Council Committee Assignments.

It was voted that the Presidents Council approve the appointment of Earl Edwards as the Management Council representative to the Division II Championships Committee.

o. Federal Relations Report.

It was voted that the Presidents Council recommend the following action to the Executive Committee:

(1) That the NCAA endorse the American Council on Education resolution;

(2) That the NCAA conduct its own study of sports-team discontinuation [in consultation with the government accounting office (GAO)]; and

(3) That the NCAA provide the data currently being requested by the GAO to the extent such action is possible.

p. Division II Management Council Chair.

It was voted that the Presidents Council ratify the Management Council's election of Clint Bryant as the Management Council's new chair, effective upon adjournment of the 1999 Convention.

q. Committee Meeting Frequency. The Presidents Council discussed the frequency of Division II committee meetings scheduled in 1998-99. The Presidents Council agreed that a memo should be sent to the chairs and staff liaisons of each Division II committee reminding them of the application of Bylaw 31.7.2.1.4 (frequency of committee meetings).

5. Committee/Project Team Reports.

a. Division II Administrative Committee.

It was voted that the minutes of the Division II Administrative Committee telephone conferences 3 and 4 be approved as distributed.

b. Division II Budget and Finance Committee.

(1) Division II Budget.

It was voted that the Presidents Council approve the 1998-99 Division II budget.

(2) Division II Budgetary Guidelines/Principles.

It was voted that the Presidents Council approve the revisions to the Division II budget guidelines and principles, as presented.

(3) Division II Enhancement Fund. The Presidents Council considered a recommendation from the Management Council that a discussion of the Enhancement Fund distribution formula be included on the agenda as a discussion topic for the 1999 Convention. The Presidents Council did not support the Management Council recommendation, noting its belief that the issue does not need to go before the full membership for discussion once again. After a lengthy discussion, the Presidents Council agreed to delay its decision on which distribution formula to adopt until its October meeting. It was noted that this will allow members of the Presidents Council to speak with colleagues as necessary about the two distribution models recommended by the Management Council and will also give the staff an opportunity to analyze the distribution formulas and present options that may prevent certain conferences from experiencing anticipated losses during the next few years due to a change in the distribution formula.

c. Report of the Division II Strategic Planning Project Team. The Presidents Council reviewed a preliminary list of Division II priorities (those areas in which Division II will direct its attention and resources during the next three years) and noted that the Strategic Planning Project Team will approve a final list of the priorities in the next few weeks and seek input from the Division II membership prior to the Convention regarding the development of goals and objectives in each area of emphasis.

d. Report of the Project Team to Review Issues Related to Diversity.

It was voted that the Presidents Council sponsor a resolution for the 1999 Convention that will note the diversity issues that exist in Division II and will also affirm Division II chief executive officer's commitment to enhancing diversity within the division.

6. Chief Executive Officer (CEO) Orientation Session for Provisional Members. The Presidents Council received a presentation from James Johnson, NCAA membership services representative, regarding the fall 1998 CEO visits with Division II provisional member institution CEOs as required in the Division II Four-Year Educational Assessment Program.

It was voted that the Presidents Council organize four regional orientation sessions in October for CEOs of the 26 new Division II provisional member institutions.

7. Marketing. The Presidents Council received a presentation by Dennis Cryder, NCAA vice-president for marketing, licensing and promotions, regarding the Association's marketing efforts. Mr. Cryder visited with the Presidents Council about ideas on how Division II can begin to define its identity and communicate this identity to the media, public and Division II constituents. The Presidents Council agreed to discuss these issues again in October.

8. Other Business.

a. Ad Hoc Committee to Review Diversity Issues. Charles D. Dunn provided an update related to the work of the ad hoc committee, which is made up of Presidents Council members from all three divisions. The Presidents Council agreed with the committee's recommendation that the Executive Committee be asked to audit (from a gender equity/racial diversity perspective) what the NCAA is doing in the areas of (1) marketing and promotions; (2) championship opportunities; (3) exempted contests/special events; and (4) education workshops/seminars (e.g., officiating clinics). The Presidents Council agreed that this information, along with recommendations (including cost implications), should be reported to the Executive Committee during its January 1999 meeting.

b. Clearinghouse Fee. After receiving information that the Division I governance structure had approved an increase in the clearinghouse fee (from $18 to $25) for Division I prospective student-athletes, beginning with the 1999-2000 collegiate freshman class, it was the sense of the Presidents Council that such a fee increase be supported in Division II as well.