The NCAA News - News and Features

The NCAA News -- November 23, 1998

Governmental affairs report

Following is a report of federal activities from October 1 to November 13 affecting the NCAA membership. This report was prepared by the NCAA federal relations office. Copies of all documents, bills and correspondence in this report are available from the federal relations office, One Dupont Circle, N.W., Suite 310, Washington, D.C. 20036; telephone 202/293-3050.

Gender-equity issues

National Women's Sports Foundation announces a two-year delay in women's sports summit event.

On October 26, the National Women's Sports Foundation announced it would postpone the "Women's Global Challenge," an international athletics event for women slated for the fall of 1999 in Washington, D.C. The event is now being planned for 2001. Lack of adequate corporate support and the competing demands of the Women's World Cup were cited as contributing to the decision.

Providence College announces the discontinuation of three men's sports teams as part of a plan to comply with Title IX.

On October 7, Providence College announced that the men's golf, tennis, and baseball teams will be eliminated at the end of this academic year. The cuts are part of a four-year plan to bring Providence in compliance with Title IX. In a Chronicle of Higher Education article, representatives from the school commented that "financial considerations have led them to cut men's programs rather than add women's programs." According to the Chronicle, the men's and women's basketball teams were the only programs that were not considered for cuts because they are needed to maintain Providence's Division I status as a member of the NCAA.

Supreme Court to hear Smith v. NCAA January 20, 1999.

On September 29, the U.S. Supreme Court announced that it would hear the Smith v. NCAA case that will determine whether Title IX applies to the NCAA, a private organization. The Court will consider the question of whether the NCAA, through receipt of dues from its member colleges and universities, is a recipient of federal funds. In an earlier decision, the Third Circuit Court of Appeals ruled that Title IX applied to the NCAA as a result of the dues that are paid by its member institutions. Twelve higher education associations have joined in signing an amicus brief presented to the court on the NCAA's behalf. If the Supreme Court upholds the Court of Appeals ruling, the NCAA may be subject to all federal laws that apply to entities that receive federal funds.

The court will hear the Smith case January 20, 1999.

Davis Title IX case also slated for review by U.S. Supreme Court.

On September 29, the Supreme Court announced it would review Davis v. Monroe County Board of Education. The case will determine whether Title IX requires schools to remedy sexual harassment of one student by another. In 1996, the Eleventh Circuit Court of Appeals ruled in a divided decision that Title IX does protect a student from sexual harassment by another student. However, the court later reversed itself, ruling that Congress did not intend for student-to-student harassment to be covered by Title IX.

National Youth Sports Program (NYSP)

105th Congress comes to an end -- President signs omnibus spending bill that includes $15 million for NYSP.

On October 16, the House and Senate completed work on a "catch-all" funding bill that included $500 billion in federal spending for fiscal year 1999 and numerous other legislative proposals added in the last few days of the 105th Congress. The bill was signed by the President October 17. It includes an allocation of $15 million for the NYSP -- an increase of $1 million over fiscal year 1998 funding. The program is authorized at $15 million and has reached its funding ceiling.

National Youth Sports Program reauthorized for five years with new provisions to require community involvement.

On October 27, the President signed legislation extending the NYSP for five additional years. P.L. 105-285 makes two minor modifications to the existing act. These changes direct each NYSP site to establish a community-based advisory committee (already the practice of most programs) and to create year-round partnerships with other youth-development community-service organizations. Hence, the benefits of the program will extend beyond the summer months. The NYSP fund did not oppose the modifications to the existing act and will incorporate the changes into the current program's guidelines.

Amateur Sports Act

The Omnibus Appropriations Bill (102-277) includes modifications to the Amateur Sports Act. Renamed the "Olympic and Amateur Sports Act," the new legislation incorporates the full participation of the Paralympic Games as part of the U.S. Olympic family. Moreover, the legislation promotes the increased participation of the athlete in the governance of the organization. In addition, an ombudsman, whose salary is paid by the USOC, will be appointed to represent Olympic athletes in disputes with the USOC and the national governing bodies. No alterations were made to Section 206, governing the relationship between the USOC and other amateur sports organizations such as the NCAA.

Gambling related issues

Internet gambling legislation not adopted by Congress.

On October 7, the NCAA federal relations office, and representatives from several groups met with Sen. Jon Kyl, R-Arizona, and Sen Richard Bryan, D-Nevada, to discuss the Internet Gambling Prohibition Act.

Kyl praised the group for helping him pass S. 474, the Internet Gambling Prohibition Act, in the Senate, which passed by a vote of 90-10. However, Kyl acknowledged that the late passage of the legislation made it difficult for the legislation to make it through the House.

Since the 105th Congress has adjourned, new legislation will have to be introduced in 1999 and the legislative process will begin anew. Both senators admitted that the bill could face stronger opposition next year. The group agreed that the most difficult hurdle would be reaching agreement on an acceptable bill in the House.

Kyl and Bryan emphasized the importance of expanding the coalition and working together to ensure that S. 474 will pass next year. The NCAA's support of the legislation is considered a key element in the strategy to achieve passage. The two senators expressed their hope that the presidents of universities in key states would contact their congressional delegation and ask them to support the legislation.

The NCAA is working with representatives of the higher education community's Commission on Information Technology to ensure that the bill does not present concerns for colleges and universities.

NCAA testifies before National Gambling Impact Study Commission.

On November 10, Bill Saum, the NCAA's director of agent and gambling activities, testified before the National Gambling Impact Study Commission in Las Vegas. Saum provided the Commission with the NCAA's perspective on sports gambling and its impact on college students.

Congress created the nine-member National Gambling Impact Study Commission in August 1996. The Commission is charged with conducting a two-year, comprehensive legal and factual study of the social and economic impact of gambling on the nation.

Saum appeared on a sports wagering panel that included Bob Costas, NBC sports broadcaster; Victor Salerno, chief executive officer of American Wagering, Inc.; Nancy Price, Regent, University of Nevada, Las Vegas; Bill Curran, chairman of the Nevada Gaming Commission; and Mitzi Schlichter, ex-wife of Art Schlichter and director of consumer services for Trimeridian, Inc.

Saum's testimony was intended to provide the Commission with a greater understanding of the high incidence of gambling, particularly sports gambling, on college campuses. Saum's comments highlighted recent point shaving and gambling related cases at NCAA institutions as well as examining their effects on the student participants. His remarks also included a review of current research that reveals college students have the highest rate of pathological and problem gambling among all age groups. In addition, Saum discussed how sports tout advertising, Internet gambling and illegal and legal sports wagering may be fueling the growth of sports gambling on college campuses.

At the hearing, the Commission asked the NCAA to submit a list of specific recommendations that provides effective ways to address the issues raised in its testimony. The Commission is required to submit its final report to Congress by June 20, 1999.

NCAA meets with U.S. attorneys to discuss sports wagering issues.

On October 14, Bill Saum, the NCAA director of agent and gambling activities, met with the Attorney General Advisory Committee to discuss sports wagering issues. The Advisory Committee assists Attorney General Janet Reno in formulating policy for the Department of Justice. The Committee consists of 19 United States attorneys.

The purpose of the meeting was to raise awareness, educate and develop a working relationship with the U.S. Attorneys on issues related to sports wagering. Saum plans to continue a dialogue with Advisory Committee staff and explore ways the NCAA and the U.S. attorneys can work together in the future.

Higher education issues

Supreme Court refuses to hear high-school drug-testing case -- Court Of Appeals ruling stands.

On September 29, the U.S. Supreme Court refused to hear a controversial high-school drug-testing case. The justices, without comment, upheld the U.S. Seventh Circuit Court of Appeals ruling that a school's random drug testing of all students in extracurricular activities does not violate students' privacy rights.

Two families in Rush County, Indiana, appealed to the Supreme Court after bringing suit against the local school board that initiated a drug testing policy. The parents argued that the policy went too far. The Seventh Circuit, however, relied on a 1995 Supreme Court decision in Veronia v. Acton, which said that deterring drug use among high-school athletes served a "compelling interest to protect the health of students."

American Council on Education reports that minority college enrollment continues to increase.

The American Council on Education (ACE) reports that enrollment rates for minority students climbed by 3.2 percent from 1995 to 1996. This increase was higher than the 2.9 percent increase between 1994 and 1995. Enrollment by minorities has steadily increased since the mid-1980s.

In addition, ACE reported that minority students posted an 8.5 percent increase in the number of associate degrees earned, a 6.6 percent increase in the number of bachelor's degrees earned and a 9.3 percent in master's degrees earned in 1995.

Campus drug and alcohol issues

Inter-Association Task Force on Alcohol and Other Substance Abuse Issues holds press conference -- HHS Secretary Donna Shalala calls on colleges and universities to ban alcoholic beverage advertising at athletics events.

On October 19, the Inter-Association Task Force on Alcohol and Other Substance Abuse Issues held a press conference to promote several new initiatives. The event served as the kickoff to the National Collegiate Alcohol Awareness Week. The press conference highlighted a new model campus alcohol policy and recently developed guidelines for beverage alcohol marketing on campus. In addition, a student initiative called the Not Here Project was unveiled.

The press conference included statements from Ed Hammond, president of Fort Hays State University; Tom Goodale, professor at the College of William and Mary; Alan Mertenk, president of George Mason University; and Donna Shalala, Secretary of Health and Human Services.

Secretary Shalala noted that she was pleased to see that progress is being made in addressing the important issue of alcohol abuse on college campuses. However, she remains concerned about the relationship between alcohol and college athletics. Secretary Shalala urged college presidents to go beyond the model guidelines and ban the use of alcohol advertisements at college athletics events.

The press conference also featured two student leaders responsible for the development of a resolution that calls for the entire university community on each campus to work together to prevent alcohol-related deaths and tragedies. The resolution is to be signed by students, faculty and administrators on campuses across the country.

The NCAA is a member of the Inter-Association Task Force on Alcohol and Other Substance Abuse Issues.

The National Office of Drug Control Policy names Minnesota Vikings coach Dennis Green as national spokesman for "National Coachathon Against Drugs."

Minnesota Vikings coach Dennis Green will serve as the spokesman for the "National Coachathon Against Drugs." The program began October 30 and is sponsored by the National Office of Drug Control Policy. The White House has asked every coach in America to spend a minimum of 10 minutes, at least once a week, talking to his or her team about the dangers of drugs. The National Office of Drug Control Policy will make 100,000 guides available to assist coaches in talking with students.

Privacy issues concerning student records

Former University of Arizona basketball player sues university and Kansas City Star over the release of his academic record to the press.

A former University of Arizona basketball player has filed a $1 million lawsuit against the University of Arizona and The Kansas City Star over a 1997 article in the newspaper. The student alleges that The Kansas City Star violated FERPA (The Family Educational Records Privacy Act) by reporting the student's grades and grade-point average in an attempt to demonstrate that the university had made exceptions to its academic policies that ultimately allowed the student to maintain his athletics eligibility. Furthermore, the lawsuit alleges that an unnamed university official revealed the student's educational records to the press. The Family Educational Records Privacy Act (FERPA) prohibits an educational institution from disclosing any information that is included in a student's education record.

FERPA changes adopted by Congress as part of the Higher Education Act.

The Higher Education Act Amendments of 1998 (P.L. 105-244) include provisions that allow institutions and third parties to disclose information included in a student's education record for "law enforcement purposes." The provision applies to the following parties that may be in receipt of the confidential information: the General Accounting Office, the Secretary of Education, representatives of the U.S. Attorney General and state governor offices.

In addition, the new legislative language clarifies that educational institutions may disclose the results of any disciplinary action taken against a student who is an alleged perpetrator of a violent crime. The disclosure may include the student's name, the violation committed and the sanction imposed. However, the name of the victim or any witnesses may be disclosed only with their permission.

NCAA joins American Council on Education and the higher education community in a campaign to educate the public on financing a college education.

On October 26, the Coalition of America's Colleges and Universities launched a national education campaign to enhance public knowledge about financing a college education. Nearly 1,200 colleges and universities will participate in the public relations initiative. The campaign, called "College Is Possible," will include efforts by local campuses to reach students and parents in their region. The initiative is supported by an Internet Web site, (http://www.CollegeIsPossible.org), an U.S. Department of Education's special toll-free number for college information (800-433-3243), and a comprehensive resource guide.

American Council on Education (ACE) President Stanley O. Ikenberry was joined by Secretary of Education Richard W. Riley and leaders from the national higher education community in making the announcement.

The campaign is in response to a survey conducted earlier this year. The results showed that while parents and students value a college education, many dramatically overestimate the price, often by as much as 200 percent. In addition, parents and students underestimate the resources that are available to them to help pay for college.

The Coalition of America's Colleges and Universities consists of nearly 1,200 colleges, universities and associations across the United States that have come together to help increase public understanding of the financing of higher education. The NCAA will participate by offering television airtime during several championship games to run a public service announcement developed for this purpose.

White House honors NCAA men's and women's basketball champions at ceremony November 9.

On November 9, the President honored the NCAA 1998 Division I men's and women's basketball championship teams at the White House. Coaches, players, and the presidents from school the University of Kentucky and the University of Tennessee, Knoxville, met privately with the President before the press conference. More than 100 guests attended the festivities.

Initial-eligibility issues

American Association of School Superintendents Magazine features article entitled "The NCAA's Misguided Role in School Reform."

The American Association of School Superintendents (AASA) published an article by Joe Nathan, director of the Center for School Change at the University of Minnesota, Twin Cities, and long-time critic of the NCAA's initial-eligibly process. The article cites examples of stu-dents who were denied eligibility by the NCAA. The article indicates that the Minnesota Association of School Administrators will submit a resolution for consideration by the members of AASA that states, "it is not the NCAA's role to dictate course content to high schools."

The NCAA has been offered an opportunity to respond with a letter to the editor.

USA Today features editorials on NCAA initial-eligibility core course review and publishes follow-up letters critical of the NCAA process.

On Tuesday, October 27, USA Today published an editorial that concluded, "until the NCAA gets out of the business of deciding course content, all high school students will continue to lose out." The editorial entitled, "NCAA Steps Out of Bounds," cites several examples of students who were denied eligibility several years ago.

In addition, the editorial states that the NCAA oversteps its expertise when it fails to accept the legitimate college prep courses that have been designed and tested by educators and elected school boards, not a collegiate athletics association.

The NCAA responded to the USA Today editorial with a same-page commentary entitled, " We Welcome the Input."

On October 30, the National Association of State Boards of Education, the president of the Minnesota State Board of Education and a guidance counselor from Burlington, Vermont, responded in favor of the USA Today position in letters to the editor.

ACE submits letter to the editor of USA Today commending the academic eligibility process.

On October 30, Terry Hartle, senior vice-president at ACE, responded to the USA Today editorial with a letter to the editor. Hartle's letter focuses on the inconsistency of USA Today's position as contrasted with their support for more rigorous academic standards for all students. Hartle also indicated that the higher education community strongly endorsed the adoption of more rigorous academic requirements when the NCAA adopted its eligibility process.

State Boards of Education and the National Association of Attorneys General meet with education community to form Working Group to Address NCAA Initial-Eligibility Standards.

On November 6, representatives of the National Association of State Boards of Education (NASBE), the education community, and the National Association of Attorneys General (NAAG) convened to discuss the NCAA's core-course review process.

Following the meeting, NASBE and NAAG agreed to meet with NCAA staff to discuss the issues. Assistants to the attorneys general from Pennsylvania, Minnesota, and Wisconsin and representatives of the Minnesota State School Board reviewed the issues raised at the meeting and outlined a plan for further discussion before the NCAA.

NASBE requested an opportunity to meet with NCAA governance bodies. A meeting is being planned to allow for a full discussion of their concerns with the NCAA's Academics/Eligibility/Compliance Cabinet.

Satellite and cable royalty fees

Congress allows rate increase for satellite royalty recipients.

As Congress concluded the 105th session, an effort to roll back the newly implemented satellite royalty rate paid to copyright holders failed to gain passage in Congress. On October 7, the House passed a measure (H.R. 2921) that delayed until December 31, 1999, the copyright royalty rate paid by satellite companies for the retransmission of distant network and superstation signals. The Senate, however, did not pass a companion bill.

Proponents of the House legislation argued that the current system for determining satellite royalty rates has failed and that a further review was necessary. H.R. 2921 was introduced in response to the Librarian Congress' approval in 1997 of an arbitration panel recommendation that satellite royalty rates be raised to 27 cents per distant signals; the previous rates were 6 cents for network signals and 17.5 cents for superstation signals.

Joint Sports Claimants file comments with Copyright Office concerning 1996 cable royalty fund.

On October 19, the Joint Sports Claimant filed comments regarding the 1996 cable royalty fund. Pursuant to federal law, cable operators pay royalties for the retransmission of certain distant signals, including sports programming. The NCAA has received a percentage of the royalty pool on behalf of its members who have qualifying broadcasts.

It is thought that once there has been a decision in the pending 1992-95 satellite distribution proceeding, it may be possible to agree upon a settlement (avoiding a formal arbitration proceeding) for 1996 and 1997.