The NCAA News - News and Features

The NCAA News -- March 29, 1999

NCAA considers Prop 16 scenarios

Membership receives informational bulletin in wake of initial-eligibility standards ruling

The NCAA has provided a bulletin to the Divisions I and II memberships in an effort to answer questions that have developed in the wake of a federal judge's ruling overturning Division I initial-eligibility standards.

The bulletin was developed by the membership services staff and was mailed March 18. The complete content appears in the legislative assistance column of this issue of The NCAA News.

U.S. District Judge Ronald L. Buckwalter ruled March 8 in favor of four African-American student-athletes who challenged the NCAA's use of minimum SAT and ACT score cutoffs to determine initial eligibility in Division I, a rule commonly known as Proposition 16.

Buckwalter subsequently denied the NCAA's motion to stay the ruling and also declined to narrow the ruling so that it would apply only to the named plaintiffs.

On March 18, the Association sought a stay of the ruling from the U.S. Court of Appeals for the Third Circuit. The NCAA also has appealed

Buckwalter's ruling, challenging both the decision on Proposition 16 and Buckwalter's claim that the NCAA is a recipient of federal funds.

"The NCAA Division I Board of Directors also is scheduled to review a number of options in the next several weeks, including the possibility of identifying an initial-eligibility standard," NCAA vice-president for membership services Kevin C. Lennon wrote in a memorandum accompanying the information to the membership. "Obviously, we will be sure to keep you abreast of all developments from the Board."

The bulletin is divided in two parts. The first part relates to enrolled nonqualifiers and partial qualifiers. The second pertains to prospective student-athletes.

Regarding enrolled nonqualifiers and partial qualifiers, the bulletin is broken down into segments focusing on competition, practice and other benefits, financial aid, initial-eligibility waivers, fourth season of competition, and transfer student-athletes. The bulletin also includes a chart that addresses a number of contingencies relating to enrolled nonqualifiers and partial qualifiers.

As for prospective student-athletes (high-school and two-year college), the bulletin examines issues relating to the national letter of intent, official visits, an offer of financial aid, student-athletes at another institution and the NCAA Initial-Eligibility Clearinghouse.

The bulletin was a follow-up to a March 12 memorandum to the membership from NCAA President Cedric W. Dempsey.

"While we are disappointed with the court's order," Dempsey wrote, "we are encouraged by some acknowledgements from the court.

"We are encouraged by the court's acknowledgement that the initial-eligibility standards that were established by NCAA Division I colleges and institutions with the objective of raising student-athlete graduation rates serve a legitimate educational goal. In addition, the judge has not precluded the use of the SAT or ACT as part of the initial-eligibility rule. The challenge for the NCAA remains as it has always been: to develop standards that are nondiscriminatory and meet the goal of raising graduation rates."

Dempsey also noted that the Division I Board of Directors has expressed its desire to move swiftly to address matters affected by Buckwalter's ruling. "To this end," he wrote, "the staff has been instructed to forward to the Board for its consideration alternative initial-eligibility models in the very near future."

Dempsey wrote that some institutions may have questions about whether nonqualifiers or partial qualifiers are immediately eligible to compete.

"It is an institutional decision whether you elect to play current freshmen who were deemed partial or nonqualifiers," Dempsey wrote. "The NCAA is not in a position to tell you what to do in this instance. It is our hope that a stay will be granted in the very near future while we appeal the decision so that the initial-eligibility decisions for these student-athletes will continue to apply. In considering your decision to play a current partial or nonqualifier, please note that any participation in outside competition constitutes a season of participation for a student-athlete."

While the effect of the ruling on Division II is not clear, Dempsey said that division plans to continue to review its initial-eligibility standards.

"Obviously, we are greatly concerned with the effect this ruling may have on the academic preparedness of prospective student-athletes," Dempsey wrote. "The NCAA developed initial-eligibility standards because higher education was accused of exploiting student-athletes by admitting ill-prepared prospects with little chance of academic success.

"Our most pressing need, however, is the uncertain and chaotic environment we have right now with no single and consistent standard in place."