The NCAA News - News and Features

The NCAA News -- March 29, 1999

Management Council minutes

Following are the minutes of the January 8-9, 1999, meeting of the Division II Management Council at the Marriott Rivercenter in San Antonio. All actions taken by the Management Council are included. Highlights of the meeting were reported in the January 18, 1999, issue of The NCAA News.

1. Announcements. Lynn L. Dorn, chair, introduced and welcomed Gail Fults, faculty athletics representative, Humboldt State University; Bruce Harger, director of athletics, Drury College; and Dianthia Ford, senior woman administrator, Shaw University, as new Management Council members.

2. Minutes. The Management Council reviewed the minutes of its October 19-20, 1998, meeting.

It was voted that the October 19-20, 1998, minutes be approved as distributed.

3. Report of the Presidents Council's October 27, 1998, Meeting. The Management Council reviewed the minutes of the October 27, 1998, Presidents Council's meeting without taking any formal action.

4. Report of the Executive Committee's October 28, 1998, Meeting. The Management Council reviewed the minutes of the October 28, 1998, Executive Committee meeting without taking any formal action.

5. Review of Committee Recommendations Affecting Division II. The Management Council reviewed recommendations from various Association-wide and Division II committees:

a. Association-Wide Committees.

(1) Committee on Women's Athletics.

(a) Gender Equity. The Management Council considered a committee recommendation that the governance groups in all three divisions affirm support for gender equity and the proactive implementation of policies to address gender-equity issues identified in the diversity audit prepared by the Ad Hoc Committee to Review Diversity Issues. It was noted that the audit is being presented to the Executive Committee.

The Management Council noted its belief that a public affirmation of support for gender equity will help clarify the reasons for the NCAA's appeal in the Smith vs. NCAA case; however, the Management Council agreed to delay endorsement of the diversity audit and the implementation of policies to address the audit findings until more specific information on the audit and the findings have been forwarded to the Management Council for review.

It was voted that the Management Council recommend that the Presidents Council affirm its support for gender equity, but delay action on endorsement of the diversity audit until it has been reviewed by both the Management Council and Presidents Council.

(b) Committee Chair. The Management Council considered a committee recommendation that the term of office for the chair of the committee, Cheryl Levick, Stanford University, be extended so that she can continue on the committee and continue to serve as chair for another two years. The committee noted high turnover of committee members, the need for leadership continuity and the major projects that the committee is involved in as reasons for making this request.

While the Management Council acknowledged Levick's valuable leadership to this committee and her service to the membership in all three divisions on gender issues, the Management Council noted concern about the precedent it might establish for other Association-wide committees and possibly for Division II committees.

It was moved and seconded that the Management Council recommend that the Presidents Council approve the extension of Levick's term when the Executive Committee considers the committee's recommendation. (Defeated -- for 2, against 20.)

(c) NCAA Staff. The Management Council considered a committee recommendation regarding the appointment of a female to the top management level (i.e., president, senior vice-president) within the national office. The Management Council discussed whether this is a staff hiring decision that should be left to the president of the NCAA.

It was moved and seconded that the Management Council support the committee's recommendation. (Defeated -- voice vote.)

(2) Honors Committee. The Management Council received a report from the committee regarding the honorees at the 1999 Convention without taking any formal action.

(3) Olympic Sports Liaison Committee. The Management Council considered the following recommendations from the committee:

(a) NCAA Bylaw 12.1.1.4.4. That a proposal be sponsored that would allow currently enrolled student-athletes (as well as prospective student-athletes) to receive funding to cover actual and necessary developmental training expenses that are approved by the U.S. Olympic Committee or an appropriate national governing body.

(b) Bylaw 13.11.3.1. That a proposal be sponsored that would permit athletics department staff members to serve as announcers or commentators on radio or television broadcasts of contests of national teams in which prospective student-athletes may be participants, including the Olympic games.

(c) Bylaw 12.1.1.1.4.3. That a proposal be sponsored that permit individuals to receive actual and necessary expenses for Olympic tours/exhibitions, as recently supported by the Division II Student-Athlete Advisory Committee.

It was voted that the Management Council recommend that the Presidents Council sponsor these three proposals for the 2000 Convention.

(4) Sportsmanship and Ethical Conduct.

(a) Gambling Videotape. The Management Council considered a committee recommendation that Divisions II and III consider creating a videotape on compulsive gambling that is more specific to the sports wagering problems that exist on Divisions II and III campuses than the current gambling video, which is more specific to Division I issues. The committee noted that total costs for the production of this videotape would be between $20,000 and $25,000.

It was voted that the Management Council recommend that the Presidents Council support this request, and recommend that this expenditure be presented to the Executive Committee as an Association-wide budget item.

[Note: In the event that the Executive Committee denies authorization of Association-wide funding for this project, the Management Council agreed to recommend that the Presidents Council approve Division II expenses for this project and that total costs be shared by Divisions II and III.]

(b) Sportsmanship Award. The Management Council considered a committee recommendation that all three divisions endorse the creation of an annual NCAA sportsmanship award that will honor student-athletes from each division who, through their actions in the competitive arena of intercollegiate athletics, have demonstrated one or more ideals of sportsmanship including fairness, civility, honesty, respect and responsibility.

The Management Council noted that sportsmanship issues exist in Division II; however, the Management Council discussed concerns about creating an award to honor sportsmanship when this behavior should already be an expectation of every Division II student-athlete. The Management Council also noted concerns related to how to evaluate the degree of sportsmanship demonstrated by an individual. The Management Council agreed that there may be a more appropriate way to address these issues, perhaps at the institutional or conference level.

It was moved and seconded that the Management Council recommend that the Presidents Council endorse the committee's recommendation. (Defeated -- for 9, against 11.)

b. Initial-Eligibility Clearinghouse Committee.

(1) Report of the Committee.

(a) The Management Council considered a committee recommendation regarding the approval of advanced ESL (English as a Second Language) courses for certain prospective student-athletes. The Management Council agreed to support a committee recommendation that advanced ESL courses be considered through the normal waiver process and that the Clearinghouse not be involved with the process. The Management Council also agreed to accept advanced ESL course waivers for prospective student-athletes approved through the Division I waiver process by the Division I Initial-Eligibility Waiver Committee.

It was voted that the Management Council recommend that the Presidents Council ratify the committee's recommendations.

(b) Fee Increase. The Management Council received a status report regarding the implementation of the fee increase ($18 to $25) for prospective student-athletes that was approved last year by Divisions I and II.

(2) Clearinghouse Operating Costs. The Management Council reviewed a report outlining possible alternatives that would reduce the cost of operating the NCAA Clearinghouse. It was noted that the Division II Academic Requirements Committee supports options 1, 3, 5 and 7, as listed in the discussion document. The Management Council agreed to discuss all of the options in more detail in April after members have solicited feedback from conference members regarding the various alternatives.

c. Division II Committees.

(1) Academic Requirements Committee. The Management Council considered a committee recommendation regarding a New York state policy that permits a prospective student-athlete to receive credit for a failed Regents Examination course if the student passes the Regents Examination at the conclusion of the course. The Management Council agreed that a prospective student-athlete should be permitted to receive core-course credit for courses that the student originally fails but for which he or she subsequently receives a passing score as a result of the Regents Examination. The Management Council noted the unusual circumstances for the treatment of such regents courses and agreed that this action is intended to apply only for instances in which there is a state mandated policy.

It was voted that the Management Council recommend that the Presidents Council permit the Clearinghouse to award core-course credit to Division II prospective student-athletes in this situation.

(2) Budget and Finance Committee. The Management Council reviewed a report of the committee's discussions regarding the impact on the Division II budget if geographic proximity is eliminated from the criteria used to determine sites for Division II regional championships. The Management Council noted that the Budget and Finance Committee concluded that the division could afford the elimination of the geographic-proximity policy; however, the committee agreed that some proposed initiatives or programs may need to be delayed or eliminated until the actual financial impact of the elimination of the policy is determined. After considering various options, the Management Council agreed to recommend to the Presidents Council that a resolution be sponsored that will authorize the Division II governance groups to continue to review this issue.

It was voted that the Management Council recommend that the Presidents Council sponsor a resolution for consideration during the Division II business session so that the financial implications of eliminating the geographic proximity policy can be determined.

(3) Championships Committee. The Management Council considered a committee recommendation that for purposes of the new distribution formula for the Division II enhancement fund effective 2000-01, the portion of the enhancement fund distributed to Division II conferences for championships sponsored should be based on a requirement that a conference must have a minimum of six conference members sponsoring a sport and participating in the process to determine the conference champion. It was noted that if this minimum requirement is satisfied, the conference would receive enhancement fund dollars for that sport.

It was voted that the Management Council recommend that the Presidents Council approve the committee's recommendation. (For 15, against 6, abstain 0.)

(4) Legislation Committee.

(a) Deregulation Project. The Management Council considered the various options presented by the committee to revise the timetable and accelerate the deregulation project as requested by the Presidents Council during its October 1998 meeting. The Management Council agreed that Alternative No. 1 (maintaining the committee's current deregulation timetable) preserves the credibility and quality of the deregulation project.

It was voted that the Management Council recommend that the Presidents Council endorse Alternative No. 1, as recommended by the committee.

(b) Editorial Revisions. The Management Council considered three editorial revisions to the NCAA Manual as suggested by the committee.

It was voted that the Management Council adopt the following changes:

(i) Men's and Women's Track and Field. An editorial revision to the NCAA Division II Manual that would change all references to "track" to "track and field."

(ii) Bylaws 14.3.1.3 and 14.3.1.3.4. Editorial revisions to Bylaws 14.3.1.3 and 14.3.1.3.4 to address recommendations made by the U.S. Justice Department concerning initial-eligibility standards for students diagnosed with learning disabilities.

(c) Deregulation -- Bylaws 11 and 13. The Management Council received the committee's preliminary report on the deregulation concepts for Bylaws 11 and 13 that resulted from the committee's Deregulation Summit with the Division II membership last summer. The Management Council complimented the committee on its outstanding work and agreed to ask the committee to send the deregulation concepts in legislative form for review during the Management Council's April meeting.

It was voted that the Management Council approve the drafting of Bylaws 11 and 13 deregulation proposals for review by the Management Council in April, and that the Division II Student-Athlete Advisory Committee be asked to react to the suggested changes in Bylaw 13.

(5) Nominating Committee. The Management Council considered committee nominations to fill the Division II vacancy on the Sportsmanship and Ethical Conduct Committee.

It was voted that the Management Council recommend that the Presidents Council ratify the selection of Michael Covone, director of athletics at Barry University, to the Division II Sportsmanship and Ethical Conduct Committee, effective immediately.

(6) Student-Athlete Advisory Committee. The Management Council considered committee nominations to fill two vacancies on the Division II Student-Athlete Advisory Committee.

It was voted that the Management Council recommend that the Presidents Council ratify the selection of Dallas Curtis to represent the Lone Star Conference and Stephanie Harris to represent the Sunshine State Conference, effective immediately.

[Note: Subsequent to the Management Council meeting, it was discovered that the Sunshine State Conference ballot was incomplete, and Harris' appointment was delayed until issues are resolved with the conference.]

6. Review of Division II Administrative Committee Actions.

It was voted that the Management Council approve the actions of the Division II Administrative Committee in 1998 Conference No. 7.

7. NCAA Convention and Legislation.

a. Schedule of Division II Events and Meetings at the 1999 Convention. The Management Council reviewed the schedule for the Division II issues forum and the Division II business session without taking any formal action.

b. Review of Legislative Positions and Suggested Presenters. The Management Council reviewed the legislative positions and suggested presenters for the Division II business session. The Management Council agreed to recommend that the vote on 1999 NCAA Convention Proposal No. 4 (lacrosse) be divided so that the Management Council and Presidents Council can speak in opposition only to the part of the legislative proposal that protects the sport of men's lacrosse. In addition, the Management Council discussed whether to move 1999 Convention Proposal No. 5 (women's golf) even if a proposal to create a Division III women's golf championship is defeated by the Division III membership.

It was voted that the Management Council recommend that the Presidents Council move 1999 Convention Proposal No. 5, even if the outcome in Division III on similar legislation is not known by the time the Division II proposal is considered during the Division II business session.

c. Review of Legislation for the 2000 Convention Sponsored by the Presidents Council. The Management Council reviewed in legislative form a proposal being sponsored by the Presidents Council for the 2000 Convention (de minimus violation -- declaration of degree program -- Division II).

It was voted that the Management Council recommend that the Presidents Council sponsor the amendment to Bylaw 14.4.3.1.4 (de minimus violation -- declaration of degree program -- Division II) as drafted.

d. Noncontroversial Legislation per Constitution 5.3.1.1.1.

It was voted that the Management Council approve the amendments as presented.

e. Administrative Regulations (Bylaws 30, 31 and 32).

It was voted that the Management Council approve the amendments as presented.

f. Accident-medical coverage. The Management Council reviewed information from Keith Martin, NCAA director of finance and business operations, that Bylaw 30.2.2.7 may be in error because of changes in the NCAA catastrophic-injury insurance program that went into effect August 1, 1998.

It was voted that the Management Council recommend to the Presidents Council that the language in Bylaw 30.2.2.7 be changed from $25,000 to an amount equal to the deductible of the current NCAA catastrophic-injury insurance policy.

8. Review of Interpretations Subcommittee of the Division II Legislation Committee Minutes. The Management Council approved the interpretations adopted by the Interpretations Subcommittee of the Division II Legislation committee in 1998 Conference Nos. 4 and 5.

9. Division II Project Team and Subcommittee Reports.

a. Project Teams.

(1) Amateurism Project Team. The Management Council received the project team's report without taking any formal action.

(2) Project Team to Review Issues Related to Diversity. The Management Council reviewed the project team's recommendation that a matching grant program be established in Division II to enhance gender and ethnic representation in the Division II membership. The Management Council noted the project team's recommendation that $500,000 be allocated annually for this program from the Division II budget.

It was voted that the Management Council endorse the project team's recommendation to establish a Division II matching grant program.

(3) Project Team to Review Management Council Policies and Procedures. The Management Council reviewed and approved a draft of a document setting forth responsibilities and expectations of Management Council members. In addition, the Management Council approved the following modifications to the policies and procedures document.

(a) That the "missed meeting" policy for Management Council members be changed so that conferences would be notified of their Management Council representative missing a meeting after the representative misses his or her second meeting.

(b) That the policy that specifies how many days in advance of a Management Council meeting Management Council representatives must submit agenda items for consideration during that meeting be changed so that written requests to place an item on the agenda must be made at least 14 days before the start of the Management Council meeting.

(4) Strategic Planning Project Team. The Management Council received the project team's report without taking any formal action.

b. Management Council Subcommittees.

(1) Administrative Review Subcommittee. The Management Council received an informational report on actions taken by the Administrative Review Subcommittee from June 1, 1998, through November 20, 1998. It was noted that the subcommittee processed 49 requests during this time period; 17 were granted and 32 were denied. Since August 1, 1997, a total of 168 Division II requests have been acted upon; 67 has been granted and 101 have been denied.

(2) Initial-Eligibility and Satisfactory-Progress Appeals. The Management Council noted that the Management Council Subcommittee on Initial-Eligibility Waivers reviewed four appeals of decisions of the Subcommittee on Initial-Eligibility Waivers and upheld the decision of the Subcommittee on Initial-Eligibility Waivers in all four cases. It was noted that the Management Council Subcommittee also reviewed an appeal of a decision of the Subcommittee on Satisfactory-Progress Waivers and upheld the decision of the Subcommittee on Satisfactory-Progress Waivers.

(3) Chair of Infractions Appeals Subcommittee. The Management Council appointed Patricia A. Merrier, faculty athletics representative, University of Minnesota, Duluth, to replace Barbara J. Schroeder, director of athletics, Regis University (Colorado), as chair of the Division II Infractions Appeals Subcommittee.

10. Division II Management Council.

a. Committee and Project Team Appointments. The Management Council reviewed several committee/project team vacancies for Management Council representatives.

It was voted that the Management Council recommend that the Presidents Council ratify the following seven committee/project team appointments, effective immediately:

Initial-Eligibility Clearinghouse (Association-wide): Marjorie A. Trout, senior woman administrator, Millersville University of Pennsylvania.

National Youth Sports Program Committee (Association-wide): Gail Fults, faculty athletics representative, Humboldt State University.

Division II Committee on Infractions: Michael J. Marcil, commissioner, North Central Intercollegiate Athletic Conference.

Project Team to Review Issues Related to Diversity: Dianthia Ford, senior woman administrator, Shaw University.

Division II Legislation Committee: Lisa Colvin, senior woman administrator, Southern Arkansas University.

Division II Nominating Committee: Dianthia Ford, senior woman administrator, Shaw University.

Division II Strategic Planning Project Team: Ed Harris, athletics director, West Texas A&M University.

b. Initial-Eligibility Appeals. The Management Council considered an appeal of a decision by the Initial-Eligibility Waiver Subcommittee.

It was voted that the Management Council uphold the decision of the subcommittee.

c. Expenditure Savings Proposals. The Management Council reviewed a series of expenditure savings proposals related to the cost of owning the NCAA aircraft as well as a cost/benefit analysis of modifications to the committee meeting policies. The Management Council noted concerns about the elimination of the first-class travel policy and indicated its willingness to use hotel accommodations that are well below the $170 a night room rate as a way to save additional dollars.

11. National Office Staff Updates.

a. Government Affairs Report. Doris A. Dixon, NCAA director of federal relations, joined the meeting to discuss the government affairs report. No formal action was taken.

b. Process to Evaluate Division II Governance Structure. The Management Council discussed a recommendation from the governance staff that consideration be given to the development of a process to evaluate the new Division II governance structure. It was noted that both Divisions I and III have appointed subcommittees to review this issue. The Management Council agreed to refer this issue to the strategic planning project team for consideration.

c. Student-Athlete Leadership Conference. The Management Council discussed a request to send Division II Management Council representatives to the Student-Athlete Leadership Conference June 3-4 in Orlando, Florida. Lynn. Dorn asked volunteers to indicate their interest to the staff following the meeting.

d. Baseball Bat Issue.

(1) The Management Council considered a possible waiver of membership requirements if institutions using wood bats choose to cancel games with institutions using nonwood bats that do not conform to the "three-prong" test, which includes velocity.

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation to permit waivers for institutions that might have to forfeit or cancel games during the 1999 season if they opt to not compete against teams who will use bats that do not conform to the new August 1, 1999, performance standard (three-prong test).

[Note: This waiver would be applicable to those institutions that have designated baseball as one of its four male sports in order to meet the minimum sports-sponsorship requirements for Division II membership. The Management Council agreed that these institutions should be provided with a waiver of this requirement if they fall below the minimum number of 24 games due to forfeitures or cancellations.]

(2) Elsa Kircher Cole, NCAA A general counsel, provided an overview of the legal issues surrounding the standards for the use of nonwood baseball bats at the 1999 NCAA Baseball Championships.

It was voted that the Management Council recommend to the Presidents Council that nonwood baseball bats used during the 1999 Division II Baseball Championship must meet the "three-prong test," which includes velocity. (For 14, against 3, abstain 4.)

e. Principle of Nondiscrimination. The Division II Management Council reviewed modifications to the principle of nondiscrimination that was developed by NCAA legal counsel in response to the discussions during the October Division I Board of Directors' meeting.

It was voted that the Management Council recommend that the Presidents Council recommend to the Executive Committee that it sponsor the revised amendment to Constitution 2.6.

12. Other Business.

a. Management Council Vacancy. The Management Council considered a slate of candidates from the Northeast-10 Conference.

It was voted that the Management Council recommend that the Presidents Council ratify the appointment of Kevin Hickey, faculty athletics representative, Assumption College, as the Northeast-10 Conference representative to the Division II Management Council, effective immediately .

b. Bylaw 15.5.10 Waiver Request. The Management Council considered a waiver request from the Gulf South Conference on behalf of Arkansas Tech University for relief from Division II financial aid limitations in the sport of women's basketball. The Management Council noted that the original intent of Bylaw 15.5.10 (waivers for extraordinary personnel losses) was to provide relief to institutions that had suffered extraordinary personnel losses due to accident or illness of a disastrous nature, and did not agree that the situation presented by Arkansas Tech met that criteria.

It was voted that the Management Council deny the conference's waiver request on behalf of the institution.

c. Bylaw 31.2.1.3 Waiver Request. The Management Council reviewed requests from the University of the District of Columbia and Morris Brown College for an exception to restore institutional eligibility for 1998-99 NCAA championships after the institutions failed to meet the March 1, 1998, deadline for submitting the IPEDS graduation rates survey (GRS-1).

It was voted that the Management Council recommend that the Presidents Council restore institutional eligibility for the University of the District of Columbia and for Morris Brown College.