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The NCAA News - News and Features

The NCAA News -- March 15, 1999

Legislative assistance

Convention Proposals Nos. 17 and 18 -- Financial Aid -- Division II

NCAA Division II institutions should note that with the adoption of Proposal No. 17 (effective August 1, 1999), a student-athlete (recruited or nonrecruited) who is the recipient of a permissible outside financial aid award administered pursuant to 15.2.5.4 and 15.2.5.6 is permitted to receive such an educational award directly from the awarding agency, provided the aid is awarded before the recipient's initial enrollment at a member institution and the awarding agency provides written notification of the award to the institution.

Further, Division II institutions should note that with the adoption of Proposal No. 18 (effective immediately), violations of Bylaws 15.2.5.4 and 15.2.5.6 are considered de minimus violations and will not render a prospective or enrolled student-athlete ineligible, while retaining the fact that such a violation shall be considered an institutional violation.

Please note that although 1999 Convention Proposal No. 17 amended Bylaws 15.2.5.4 and 15.2.5.6, the effective date of the proposal is August 1, 1999. Thus, 1999 Convention Proposal No. 18 is applicable to 15.2.5.4 and 15.2.5.6 as they currently exist. Therefore, if an outside grant is disbursed to a recruited student-athlete by an outside entity other than the member institution, it is considered a de minimus violation. Additionally, if an outside grant is disbursed to a nonrecruited student-athlete by an outside entity other than the member institution subsequent to enrollment, it would be considered a de minimus violation in accordance with Bylaw 2.8.1. Finally, once Proposal No. 17 goes into effect August 1, 1999, violations of Bylaws 15.2.5.4 and 15.2.5.6 will continue to be considered de minimus.

Two-Year College Transfer Requirement -- Attendance Requirements -- Division I

Division I institutions should note that during its January 26, 1999, telephone conference, the Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations determined that a student-athlete is not permitted to satisfy the three-semester/four-quarter attendance requirement set forth in Bylaws 14.5.4.1.2 and 14.5.4.1.3 during one academic year. The subcommittee noted that the use of terms other than semesters or quarters (e.g., trimesters) to satisfy the residence requirement set forth in Bylaws 14.5.4.1.2 and 14.5.4.1.3 should be referred to the Academic/Eligibility/Compliance Cabinet Subcommittee on Continuing-Eligibility Issues.

Waiver of Bylaw 20.10.3.2 -- Division III

Division III institutions should note that during its February 11, 1999, telephone conference, the Administrative Committee approved the recommendation from the Division III Membership Committee to grant a waiver of Bylaw 20.10.3.2 (minimum contest requirement for sports sponsorship) if an institution fails to complete the minimum number of contests because it chooses to forfeit or cancel games against teams whose baseball bats do not conform to the August 1, 1999, (three-prong test) standard. The waiver would affect the 1998-99 academic year and would be applicable only to those institutions that have designated baseball as one of their four sports for males in order to meet the minimum sports-sponsorship requirements. There are a number of Division III institutions that use baseball to meet the minimum sports-sponsorship requirements. The Membership Committee believes it is appropriate to waive the minimum contest requirements for those institutions that fail to meet the requirements because contests are cancelled due to the baseball bat issue.

Waiver Provision for Bylaw 31.2.1.1 -- Division III

Division III institutions should note that during its February 11, 1999, telephone conference, the Administrative Committee approved the recommendation from the Division III Championships Committee that the Management Council sponsor noncontroversial legislation to provide for the 1999 NCAA Division III Baseball Championship only, a waiver of Bylaw 31.2.1.1 (commitment to participate in NCAA Championships) for those institutions that are unable to participate because institutional policy precludes them from competing against teams that do not use the three-prong standard for baseball bats. Some Division III institutions have been instructed by their risk managers to use only bats that meet the three-prong standard and to not play against teams that use bats that do not meet the three-prong standard. As a result, the institutions may not be able to participate in the Division III Baseball Championship because they will not know the type of bat their opponent will use. With the provision of the waiver, these institutions will be able to participate in a postseason event (if created) for teams that use the three-prong standard exclusively. The committee believed that it would be unfair to preclude these student-athletes from having a postseason experience, if available.

Immediate Effective Date for 1999 Proposal Nos. 44 and 45 -- Division III

Division III institutions should note that the Administrative Committee has approved the recommendation from the Division III Interpretations and Legislation Committee that Proposal Nos. 44 and 45 be effective immediately, instead of August 1, 1999. The sponsor of the proposals, the NCAA Division III Subcommittee on Student-Athlete Reinstatement, clearly intended these proposals to have an immediate effective date. Both proposals are designed to facilitate the restoration of the eligibility of student-athletes.

This material was provided by the membership services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Kristen L. Davis or Lisa Roesler, membership services representatives, at the NCAA national office. This information is available on the College Sports Network.