The NCAA News - News and Features

The NCAA News -- December 21, 1998

Board of Directors minutes

Following are the minutes of the October 27, 1998, meeting of the Division I Board of Directors at the Atlanta Marriott in Atlanta. All actions taken by the Board of Directors are included. Highlights of the meeting were reported in the November 9, 1998, issue of The NCAA News.

1. Opening remarks.

2. Previous minutes; August 11, 1998.

BOARD ACTION: Approved as distributed.

3. Report of August 12 meeting of the NCAA Executive Committee.

No action taken.

4. Report of July October 19-20 Division I Management Council meeting.

a. Review of proposed legislation approved by the Management Council.

(1) Proposals given approval (initial and final) by the Management Council.

BOARD ACTION: Unanimously adopted the following proposals:

(a) No. 98-16 (MC2) -- Playing and Practice Seasons -- Skill Instruction. Intent: To permit a maximum of four student-athletes to participate at any one time with their coaches during the two hours of skill-related instruction that may occur during the permissible eight hours of weekly countable athletically related activities that may occur outside the playing season during the academic year. (Effective immediately.)

(b) No. 98-18 (MC2) -- Practice Expenses -- Women's Rowing -- Weather Exception. Intent: To permit intercollegiate teams in the sport of rowing to travel up to 200 miles, if outside the institution's state, to engage in practice activities that occur during an institution's academic term when necessitated by weather conditions. (Effective immediately.)

(c) No. 98-19 (MC2) -- Committees -- Division I Women's Basketball. Intent: To specify that the nine-member Division I Women's Basketball Committee include two members from each of the four Division I women's basketball regions and one member selected at large. (Effective August 1, 1999.)

[Note: Due to the adoption of Proposal No. 98-100 (see Item No. 4-a-(1)-(i) below), the Division I Women's Basketball Committee has been increased to 10 members and therefore will include two members selected at large.]

(d) No. 98-22 (MC2) -- Preseason Off-Campus Practice Activities. Intent: To preclude institutions from conducting preseason off-campus practice activities that are publicized in advance at any site not normally used by the institution to conduct its practice activities. (Effective August 1, 1999.)

(e) No. 98-24 (MC2) -- Playing and Practice Seasons -- Contest Limitations. Intent: To permit an institution to exempt informal practice scrimmages from the maximum contest limitations in the sport of basketball as specified. (Effective August 1, 1999.)

(f) No. 98-25 (MC2) -- Playing and Practice Seasons -- Contest Exemptions. Intent: To exempt on an annual basis the National Wrestling Coaches Association all-star meet from the maximum contest limitations in the sport of wrestling. (Effective August 1, 1999.)

(g) No. 98-98 (MC2) -- Financial Aid -- Division I Membership Requirements. Intent: To provide greater flexibility for Division I institutions to meet the minimum financial aid requirements for Division I membership, as specified. (Effective August 1, 1999.)

(h) No. 98-99 (MC2) -- Conference Student-Athlete Advisory Committees. Intent: To require each Division I conference to establish a conference student-athlete advisory committee as a condition and obligation of Division I membership. (Effective August 1, 1999.)

(i) No. 98-100 (MC2) -- Division I Governance Structure -- Committee Representation. Intent: To delete for specified committees the requirement that no subdivision of Division I shall have more than 50 percent representation and to establish other subdivision representation requirements. (Effective immediately.)

(2) Proposals to Amend Administrative and Executive Regulations.

BOARD ACTION: Unanimously adopted the following proposals, effective immediately:

(a) Proposal No. 98-84 (MC1) -- Automatic Qualification -- Division I-AA Football Championship. Intent: To specify that in order to be eligible for automatic qualification, a Division I-AA football-playing conference that subdivides into five or more teams must conduct a single round-robin competition with each subdivision and develop a formula to determine its conference championship (to be approved by the Division I-AA Football Committee), with no requirement that a postseason championship game be conducted.

[Note: Only the Division I-AA members of the Board of Directors voted on Proposal No. 98-84.]

(b) No. 98-123 (MC1) -- Exempted Contests -- Prepayment of Travel Expenses. Intent: In Division I sports other than football, to prohibit sponsors from requiring participating institutions to make deposits or payments prior to the dates of the competition in excess of $2,500; further, to preclude sponsors of such events from charging a late fee for a deposit not timely received.

[Note: The Board approved Proposal No. 98-123 pending confirmation from legal counsel that the restriction regarding late fees is not in conflict with laws in certain states.]

(c) No. 98-124 (MC1) -- Accident-Medical Insurance. Intent: To increase the basic accident-medical insurance for participating student-athletes in college football and basketball all-star games and postseason bowl games to an amount equal to the deductible of the current NCAA catastrophic-injury insurance policy.

(d) No. 98-125 (MC1) -- Contest Exemptions -- Event Management. Intent: In Division I sports other than football, to delete the requirement that the member institution managing the event also must compete in the event.

(e) No. 98-126 (MC1) -- Contest Exemptions -- Sponsorship Fee -- Division I Sports Other Than Football and Basketball. Intent: In Division I sports other than football and basketball, to require sponsors of exempted contests to pay a fee of $100 upon receipt of certification of the event.

(f) No. 98-127 (MC1) -- Contest Exemptions -- Sponsorship Fee -- Division I Basketball. Intent: To require the sponsoring agency of an exempted basketball event to pay a fee upon receipt of the certification of the event, as specified.

(g) No. 98-128 (MC1) -- Contest Exemptions -- Certification. Intent: To permit the Championships/Competition Cabinet to certify an exempted event for a two-year period, provided the event has been certified for five consecutive years and that audited financial reports and other documents required by the Championships/Competition Cabinet Subcommittee on Exempted Contests continue to be submitted on an annual basis.

(h) No. 98-129 (MC1) -- Contest Exemptions -- Multisport Classification. Intent: To permit NCAA institutions located in Alaska, Hawaii, Puerto Rico or the Virgin Islands that have classified a sport in Division I to utilize the contest exemption legislation set forth in 30.10.

(i) No. 98-130 (MC1) -- Exempted Contests -- Reimbursement of Expenses. Intent: To increase the expense guarantees for men's and women's basketball events, as specified in the legislation.

b. Preliminary report regarding funding alternatives for restricted-earnings coach litigation.

BOARD ACTIONS:

(1) Reviewed the following preliminary principles established by the Management Council to guide its continuing discussion of the funding of expenses related to the restricted-earnings coach litigation:

(a) A recommendation that the Board of Directors restore in the 1998-99 budget the expected $10 million distribution that was set aside by the Board of Directors and the Executive Committee but also that was relied upon by institutions in developing their current budgets.

(b) Use of other funds to pay any ultimate damages.

(c) Review of NCAA programs and services to identify savings that could be used to assist in paying damages.

(d) Balance of damages to be paid by Division I member schools on an equal basis or some other allocation formula.

(e) Explore long-term financing to pay damages.

(2) Agreed that it would be imprudent to distribute the $10 million prior to determining the ultimate damages in this case.

(3) Approved an alternative proposal that retains the $10 million in escrow with the understanding each institution will receive credit toward its share of the eventual payment of damages in the amount that would have been received if the distribution had been made to conferences and institutions as scheduled. [For 11 (Casteen, Fort, Gordon, Halligan, Rawlins, Schwartz, Shaw, Smith, Spanier, Tyson, Wethington), against 3 (Dennison, DiGiorgio, Scanlan), not present 1 (Lawless).]

(4) Commended the Management Council for its initiative and efforts concerning this matter and referred the remaining four principles to the Division I budget subcommittee for review and development of possible funding alternatives for further consideration by the Management Council and Board of Directors.

c. Presentation for new information concerning initial-eligibility standards.

BOARD ACTIONS:

(1) Received a report regarding the tenor of the Management Council discussion of this topic, the various perspectives and comments of the members, and the desire of the Management Council for guidance from the Board of Directors regarding its willingness to consider amending the current initial-eligibility standard.

(2) Heard a presentation by the NCAA research staff highlighting information previously presented regarding four possible initial-eligibility models currently being evaluated by the Academics/Eligibility/ Compliance Cabinet and additional information concerning enrollment and graduation rates and grade inflation.

(3) Noted that the Management Council should direct the cabinet to continue reviewing initial-eligibility standards and to use existing and new data to develop other models for consideration in conjunction with those already circulated; and agreed that the Board of Directors would be willing to receive recommended models, including those not currently under review, that would optimize graduation rates while recognizing the impact of the standards on minority and low-income prospective student-athletes.

d. Other issues.

(1) Chair of Championships/Competition Cabinet.

No action taken; noted that the Management Council appointed Jean Lenti Ponsetto, DePaul University, Conference USA, as chair of the cabinet.

(2) Funding of Championships Expenses.

BOARD ACTION: Supported funding the Division I championships expenses that are not covered in the NCAA-funded game expenses, that are not provided by corporate partners for many championships and for which host institutions have difficulty raising money locally because of the exclusivity restrictions of the NCAA corporate partner agreement; and agreed that Division I year-end money available from the 1997-98 budget should be used to fund these expenses during the 1998-99 fiscal year and that the funding for these expenses in future years will be considered during the regular budget process. (Unanimous voice vote.)

(3) Drug-Testing Equipment.

BOARD ACTION: Approved the reallocation of $80,000 in the drug-testing program to fund the NCAA's share (matching the NFL's contribution) of the cost of purchasing enhanced testing equipment to assist in the detection of steroid use. (Unanimous voice vote.)

(4) Proposal No. 98-92 -- 28th Game in Basketball.

BOARD ACTION: Agreed that the Division I Working Group to Study Basketball Issues should have an opportunity to provide input regarding this issue prior to the Board of Directors taking action on the proposal.

(5) Joint Meeting with the Management Council.

BOARD ACTION: Agreed that the Board of Directors would meet with the Management Council late Tuesday morning, January 12, in conjunction with the Convention.

(6) Principle of Nondiscrimination.

BOARD ACTIONS:

(a) Reviewed a recommendation that legislation be sponsored to amend Constitution 2.6 by adding a third sentence as follows: "The Association shall promote an atmosphere of respect for and sensitivity to the dignity of every person. It is the policy of the Association to refrain from discrimination with respect to its governance policies, educational programs, activities and employment policies. In accordance with this policy, the Association shall not discriminate against any person, including on the basis of age, color, disability, gender, national origin, race, religion, creed or sexual orientation."

(b) Reviewed an amended version of the principle that addressed concerns that the principle should indicate clearly that it applied to the Association "itself" and that "it is the responsibility of each member institution to determine independently its own nondiscrimination policy."

(c) Noted that any change to Constitution 2.6 adopted by the Board of Directors, Presidents Councils in Divisions II and III and the Executive Committee would require a two-thirds majority vote of the total membership in all three divisions (present and voting) no earlier than at the 2000 Convention.

(d) Tabled the issue until the January Board of Directors meeting to further review the concerns expressed, including clarifying why a change in the current principle is needed, and to allow Board members to review the amended version of the principle with the institutions in their conferences and to submit any alternative language to the Division I governance staff prior to that meeting. (Unanimous voice vote.)

(7) Discussion of Revisions to the Division I Budget Process.

BOARD ACTIONS: Reviewed a timeline for and suggested modifications of the Division I budget process intended, in part, to more directly engage the Management Council and Board of Directors in the development of the Division I budget; amended the proposed changes to establish a 10-person Division I budget subcommittee comprising five members of the Board of Directors (three from Division I-A and one each from Divisions I-AA and I-AAA) and five members of the Management Council (three from Division I-A and one each from Divisions I-AA and I-AAA) (unanimous voice vote); and approved the proposed revisions as amended (unanimous voice vote).

(8) First-Class Travel for Division I.

BOARD ACTIONS: Reviewed a proposal from the Management Council to amend Bylaw 31.7.2.1.1 to require that all reimbursement for air travel by Division I representatives to all governance structure meetings (e.g., committee, cabinet, Management Council, Board of Directors meetings) be limited to the equivalent of coach fare; and agreed that the proposal should be included in the consideration of the package of proposals regarding expenditure savings that will be discussed by the Management Council and Board of Directors during the January meetings.

5. Report on membership response to legislation acted upon by the Board at its August meeting.

No action taken.

6. Review of athletics apparel manufacturers.

BOARD ACTION: Received a report from NCAA general counsel regarding a meeting organized by the Department of Labor to form an Apparel Industry Partnership to review proposed model codes to encourage fair labor standards in factories producing athletics apparel outside the United States; agreed that the NCAA should continue to participate in the discussions of this group; and determined that if the group has not made sufficient progress toward establishing a model code by the January meeting of the Board of Directors, this issue should be included as an agenda for that meeting.

7. Consent package.

a. Missouri Valley Conference replacement for Charlotte West on the Management Council.

BOARD ACTION: Approved the selection of Andrea Myers as the Missouri Valley Conference representative on the Management Council. (Unanimous voice vote.)

b. Selections and reselections for Board and Management Council positions, effective January 1999.

BOARD ACTION: Approved the following selections and reselections for the Board of Directors and Management Council, effective January 1999 (unanimous voice vote):

(1) Board of Directors:

(a) Reselected Kenneth A. Shaw, Syracuse University, Big East Conference; Carol Cartwright, Kent State University, Mid-American Conference; and Milton Gordon, California State University, Fullerton, Big West Conference.

(b) Selected David B. Frohnmayer, University of Oregon, Pacific-10 Conference (replacing Samuel H. Smith, Washington State University).

(c) Selected Harold T. Shapiro, Princeton University, Ivy Group, and Claire Van Ummerson, Cleveland State University, Midwestern Collegiate Conference. [Note: Brother Thomas J. Scanlan, Manhattan College, Metro Atlantic Athletic Conference, and Anthony J. DiGiorgio, Winthrop University, Big South Conference, are not eligible for reselection because their conferences no longer have seats on the Board.]

(2) Management Council:

(a) Reselected Arthur W. Cooper, North Carolina State University, Atlantic Coast Conference; Percy Bates, University of Michigan, Big Ten Conference; Angela D. Taylor, University of Nevada, Reno, Big West Conference; Rudy Washington, Southwestern Athletic Conference; Rick Mello, University of Arkansas, Little Rock, Sun Belt Conference; and Lynda Tealer, Santa Clara University, Division I-AAA At-Large.

(b) Selected Patricia Thomas, Georgetown University, Big East Conference (replacing Carol J. Sprague, University of Pittsburgh) and Gerald Lage, Oklahoma State University, Big 12 Conference (replacing David M. Guinn, Baylor University).

(c) Selected Richard J. Ensor, Metro Atlantic Athletic Conference, and Thomas N. Hickman, Winthrop University, Big South Conference. [Note: Jeffrey H. Orleans, Ivy Group, and John C. Parry, Butler University, Midwestern Collegiate Conference, are not eligible for reselection because their conferences no longer have seats on the Management Council.]

8. Other business.

BOARD ACTIONS:

a. Report from General Counsel. Received a report from NCAA legal counsel concerning current litigation involving the Association; discussed concerns of the Management Council regarding the letter circulated to institutions after the Executive Committee approved the changes in specifications for baseball bats in August; and took no action.

b. Review of Proposed Update of 1994 NCAA Division I-A Football Statistical Report. Discussed correspondence from the chair of the Division I Football Issues Committee regarding the decisions of the Management Council and Board of Directors to not fund for 1998-99 the proposed update of statistical information as recommended by the committee; and noted that the Management Council vote (for 4, against 19, abstain 10) demonstrated little support for the study at this time and that there was not sufficient interest on the part of the Board of Directors to take action.

c. April Meeting Date and Site. Noted that the presidents would meet in Washington, D.C., the afternoon of April 20 (divisional meetings) and the morning of April 21 (Executive Committee) to permit several presidents to attend both the NCAA meetings and an Association of American Universities (AAU) meeting.

d. Status report regarding the Division I Working Group to Study Basketball Issues. Chancellor Shaw provided a report regarding the initial meeting of the working group, a survey that was being distributed to the membership for discussion at the group's December 10 meeting and the inclusion of various experts in related areas during hearings before the working group. The group intends to meet four or five more times to complete its work and the Board will be kept apprised of the progress that is made.