National Collegiate Athletic Association |
The NCAA News - News and FeaturesThe NCAA News -- May 10, 1999 Governmental affairs report The following is a report of federal activities from April 3 through April 30 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 General Accounting Office (GAO) promises to change presentation of data on male and female participation in intercollegiate athletics programs. On April 20, NCAA staff met with officials at the General Accounting Office (GAO) to discuss the NCAA's concern about the presentation of data related to collegiate athletics participation numbers. The data presented is displayed by sport and gender in a report due to be published in late April or early May. The GAO had proposed using adjusted NCAA participation numbers in the same tables as unadjusted NAIA numbers to tally total numbers of lost participation opportunities. The NCAA numbers were adjusted to show the participation data of only those institutions that were NCAA members in 1985 through 1996 (omitting data on new members that joined the Association during that period). The NAIA participation numbers were not adjusted to show the decline in their membership over the same time period. Thus, the reader would likely conclude that the NAIA "lost participation opportunities" that were not picked up by the NCAA. The GAO agreed to consider the NCAA's arguments for a revised presentation. The NCAA suggested using current unadjusted NCAA participation numbers with like numbers from the NAIA. The adjusted NCAA numbers would be found in a separate section of the report. The GAO representatives at the meeting offered several options but seemed to be leaning toward the NCAA approach by the conclusion of the meeting. They did, however, assure the NCAA that the data would not be presented in the earlier format. The GAO will alert the NCAA of its decision after a discussion with the office of Rep. Dennis Hastert R-Illinois. In 1997, Hastert requested that the GAO study athletics participation data for the purposes of determining the effects of Title IX on men's sports opportunities. More women to receive National Merit Scholar awards after PSAT altered to eliminate gender bias. According to the Chronicle of Higher Education, about 350 more women will be receiving National Merit Scholar awards this spring. FairTest, the organization that advocated changes in the Preliminary SAT (PSAT), released the gender breakdown of award recipients. In 1994, FairTest filed a complaint with the U.S. Department of Education's Office for Civil Rights, which prompted the Education Testing Service and the College Board to revise the test. A new writing portion was added this year to eliminate the gender biases of the test. Miami (Ohio) to eliminate soccer, wrestling and tennis. The Miami University (Ohio) board of trustees voted unanimously April 16 to eliminate men's soccer, wrestling and tennis "to comply with Title IX and budgetary components" according to USA Today. The board agreed to keep the golf program because the team raised $725,000 in pledges, enough to continue its program on a year-by-year basis. On February 6, the trustees challenged the athletics department and the four sports to raise $13 million in order to preserve the sports on campus. A total of $3.4 million was raised in pledges and donations. The three teams will terminate June 1, 1999. Brigham Young University to discontinue wrestling and men's gymnastics over the next two years. On April 1, Brigham Young University announced that the institution would discontinue men's gymnastics and wrestling at the end of the 1999-00 academic year. An institution official is quoted in the Chronicle of Higher Education as saying, "We really wanted to focus the conference in places where we could have a regional and national presence." University of New Mexico to cut wrestling, men's swimming and men's gymnastics next year. On March 31, the University of New Mexico announced that the institution planned to discontinue wrestling, men's gymnastics and men's swimming. According to the Chronicle of Higher Education, "University officials said that Title IX was not the primary reason for the cuts." The associate athletics director is quoted as saying, "Title IX is not the driving force behind this, though this does help us get closer to our Title IX obligations. The university was following the conference's lead when it decided to cut the three programs. We felt that, going into the new conference, we should stress the sports we could really be competitive in." The three programs will be discontinued at the end of this semester. Congressional resolution pushed by wrestling organization. Several members of Congress shared with the NCAA a draft of a proposed congressional resolution related to the use of proportionality in determining Title IX compliance. The draft was sent to them from an outside organization and was accompanied by a letter from an organization called "Simply Common Sense." The letter asks senators and representatives to join in supporting the resolution and claims that an unnamed congressman will introduce the resolution and propose language later this year "that will abolish proportionality as a test for Title IX." The draft resolution focuses on the U.S. Department of Education's regulatory enforcement of Title IX, stating that "the three-prong test has led educational administrators to reasonably believe that schools must achieve proportionality in order to comply with Title IX." It is not known how many members responded to the request to endorse and support the resolution. National Coalition of Women and Girls in Education (NCWGE) proposes gender-equity reporting for high schools. The education committees of Congress will focus on the reauthorization of the Elementary and Secondary Education Act (ESEA) over the next 18 months. The ESEA governs the federal government's role in the nation's elementary and secondary schools. Under consideration is a proposal submitted by NCWGE to require data collection on the participation of high-school students in physical education and athletics programs by gender. NCWGE has suggested that the Department of Education's National Center for Education Statistics begin to collect the data to provide concrete data on participation numbers of males and females in both high-school physical education programs as well as athletics programs. NCWGE states in its proposal, "NCWGE believes data on girls' participation in high-school sports and athletics must be collected and regularly reported by the U.S. Department of Education in order to determine whether girls are fully participating in these activities." NCWGE cites immediate and long-term health benefits of physical fitness and the potential for an athletics scholarship as important positive aspects of athletics involvement for women. "However, there are no data on high-school athletics opportunities to ensure that girls interests are being met," according to NCWGE in its proposal. Higher education issues Sweat-shop issues in the licensing of manufactured apparel. On April 15, the United Students Against Sweat Shops, an international coalition representing campus-based groups, issued a set of principles to ensure that apparel bearing collegiate insignia is not manufactured under inhumane conditions. Meanwhile, students across the nation continue to stage protests on campuses to pressure college and university administrators to support their efforts to improve conditions at factories that make collegiate apparel. The students are urging that the products be manufactured under conditions that meet specific standards. In March, the American Council on Education (ACE) sent a letter to all college and university presidents recommending that they join the Fair Labor Association (FLA). The FLA is a partnership of the U.S. Department of Labor, industry representatives and collegiate licensing organizations. The FLA has established a code of conduct for manufacturers and a method for verifying compliance. To date, at least 50 postsecondary institutions have joined the FLA. However, during the recent protests, students urged their universities to reject affiliation with the FLA and instead adopt the student-authored principles. Students continue to argue for the disclosure of factory locations and the payment of a "living wage" to factory workers as conditions for accepting products from an apparel manufacturer. Senate and House adopt resolution calling for a $400 increase in the maximum Pell Grant award. On March 29, the Senate approved a bipartisan resolution to provide substantial spending increases for most federal student-aid programs, including the Pell Grant program. The resolution, an amendment to the Senate budget resolution, would increase the maximum Pell Grant award by $400 and provide substantial increases to the Perkins Loan Program, the Supplemental Educational Opportunity Grant Program and other programs that serve needy students. The resolution, offered during floor debate and passed by voice vote, was sponsored by Sen. Susan M. Collins, R-Maine, Sen. James M. Jeffords, R-Vermont, Sen. Christopher J. Dodd, D-Connecticut, Sen. Jack Reed, D-Rhode Island, and Sen. Edward M. Kennedy, D-Massachusetts. Although the budget resolution simply outlines how much money is allocated to each appropriations subcommittee and is nonbinding, student-aid advocates hope that appropriators will use the resolution as a guideline as they draft their appropriations bills. On April 20, House Republican leaders, including Rep. Bill Goodling, R-Pennsylvania, and Rep. Buck McKeon, R-California, adopted a similar resolution to increase education Pell Grant funding. Stan Ikenberry, president of the American Council on Education, joined the members of Congress at a press conference and expressed the higher education community's support for the proposal. The President's request for fiscal year 2000 includes an increase in the maximum Pell Grant award of $125 per student. House Republicans and the higher education community have been critical of the President's priorities that include a recommendation for a significant increase in funding for a new elementary and secondary program called "Gear Up," designed to provide assistance and mentoring to "disadvantaged" youth to encourage them to work toward a college education. University of Texas at Austin appeals Hopwood decision. On April 20, the University of Texas at Austin and the Texas attorney general asked the 5th Circuit Court of Appeals in New Orleans to overturn the 1996 Texas v. Hopwood decision that barred using race as a consideration in granting financial aid and admissions. Texas officials say that the Hopwood ruling goes against the spirit of the Supreme Court's 1978 decision that stated race could be used as one factor, not the only factor, in making admissions decisions. This appeal effort marks another attempt by the university to overturn the ruling. In a previous attempt, the Supreme Court refused to review the case. American Association of Community Colleges (AACC) to appoint presidents committee to provide guidance on two-year college athletics programs. At the annual meeting of the AACC in April, board members voted to establish a presidential advisory committee on athletics. The committee would not have oversight responsibility but would examine the possible adoption of academic eligibility standards for entering freshman and other issues pertinent to campus athletics at two-year colleges. NCAA participates in negotiated rulemaking discussion on Equity in Athletics Disclosure Act regulations. On April 9, the NCAA submitted recommended changes to the U.S. Department of Education related to proposed changes in the regulations that guide the implementation of the Equity in Athletics Disclosure Act (EADA). The Department is conducting "negotiated rulemaking" sessions with impacted constituencies to arrive at a consensus on changes that should be made to the regulations. The NCAA made an oral presentation at the session. Several months ago, the U.S. Department of Education asked for the NCAA's comments on changes to the regulations for the Equity in Athletics Disclosure Act (EADA). Last fall, the NCAA Committee on Women's Athletics appointed a subcommittee to study the matter. In March, the NCAA research staff conducted a conference call with the subcommittee to determine how the reporting forms should be changed and how definitions included in the current regulations should be updated. The subcommittee proposed changes along with issues raised through the NCAA's collection of the forms from its membership that were incorporated into the proposals. A set of recommendations was agreed upon that primarily are technical in nature and conform to the way the NCAA currently is collecting the data. Two changes were made that vary from the NCAA's current reporting of the data. They are:
The NCAA's recommendations were well-received at the April 9 session. Proposed rules will be published in the Federal Register in July. Gambling issues Federal Internet gambling prohibition legislation. The Internet gambling prohibition bill of Sen. Jon Kyl, R-Arizona, S. 692, likely will be marked up by the Senate Judiciary Subcommittee on Technology, Terrorism and Government Information sometime in mid-May. The NCAA strongly supports Kyl's legislation. In the House of Representatives, several legislators are reportedly working on their version of an Internet gambling bill. Rep. Bob Goodlatte, R-Virginia, and Rep. Rick Boucher, D-Virginia, are in the process of drafting legislation. In addition, Rep. Frank A. LoBiondo, R-New Jersey, also is working on a similar bill. The NCAA has not seen a copy of any of the drafts. However, last year, the House introduced Internet gambling legislation that differed greatly from Kyl's bill that passed the Senate. NCAA federal relations staff meets with higher education community to discuss Internet gambling legislation. On April 13, the NCAA met with representatives of the higher education community to discuss their concerns with S. 692, the Internet Gambling Prohibition Act. The American Council on Education (ACE), National Association of State Universities and Land Grant Colleges (NASULGC) and American Association of Universities (AAU) requested the meeting with the NCAA because of the NCAA's close working relationship with the bill's sponsor, Kyl, in the development of S. 692. At the meeting, the higher education associations expressed three primary concerns with the bill as introduced. First, they believe that the federal legislation does not offer universities (as interactive computer service providers) enough protection from criminal liability. The ACE, NASULGC and AAU strongly urge that the federal legislation preempt any state criminal law relating to or emanating from the activity of Internet gambling. Second, the higher education community expressed concern that the legislation is inconsistent in its provisions governing injunctive relief against Internet service providers. Third, the universities are concerned that the legislation does not provide them with adequate civil liability protection. The NCAA is helping facilitate discussions between representatives of the higher education community and Kyl's staff. Both sides have reviewed the issues and are working to see if acceptable language can be added to the bill. The NCAA has asked the higher education associations to join together in sending a letter to the U.S. Senate endorsing S. 692 if the issues of concern are resolved. National Gambling Impact Study Commission likely to include section on sports wagering in its final report. On April 7, the National Gambling Impact Study Commission met in Washington, D.C., to discuss an early draft of its final report. While many substantive issues remain unresolved, it does appear that the Commission's report will include a section on sports wagering. The Commission is leaning toward making a strong statement on the dangers of sports wagering among college students. Several members are urging the Commission to adopt a series of education-related recommendations to ensure that students become more aware of pitfalls of sports wagering. The final report is scheduled to be released to the President, Congress, state governors and tribal leaders June 18, 1999. Communications issues National Hockey League (NHL) seeks NCAA support for proposal to the Federal Communications Commission (FCC). The NHL has asked for the NCAA's support for a FCC regulatory change to allow low level radio signals to be broadcast inside sporting arenas. This change will permit patrons to listen to on-air play-by-play of the games while watching the action inside the arena. According to a patron survey, fans want to have access to the radio broadcast while attending the games. Most radio signals cannot be received inside the arenas due to interference. The NCAA is considering the NHL request. Satellite royalty issues On April 27, the House passed a bill, HR 1554, that was aimed at allowing satellite television companies to deliver local broadcast stations as part of a plan to nurture more competition to cable television. The bill also contained provisions that extended the compulsory license for satellite carriers that retransmit distant network and superstation signals through December 31, 2004. In addition, the legislation provides for a reduction in the royalty fees paid by satellite carriers that retransmit distant signals. The bill calls for a 30 percent reduction per subscriber per month (from 27 cents to 18.9 cents) for superstation signals and a 45 percent reduction (from 27 cents to 14.85 cents) for distant network signals. The NCAA and qualifying member institutions, as part of the Joint Sports Claimants, receive a portion of the royalty fees paid by satellite carriers for retransmission of certain sports programming. The Senate is expected to take action on their version of satellite legislation sometime in May. Athlete-agent issues Gordon introduces federal athlete-agent legislation. On April 15, Rep. Bart Gordon, D-Tennessee, introduced H.R. 1449, The Collegiate Athletics Integrity Act of 1999. The bill establishes a federal law prohibiting sports agents from influencing college athletes. Specifically, the legislation states: "Whoever being a sports agent knowingly influences a college athlete to terminate that athlete's college eligibility, shall be fined under this title or imprisoned not more than three years, or both." In 1997, Gordon introduced a similar bill, which never made it out of the House Judiciary Committee. In the past, the NCAA has stated that it is pursuing the development of a uniform state law that is expected to be brought to the states by the beginning of 2001. Arkansas amends existing state athlete-agent legislation, Arizona sends new law to governor -- soon to become the 28th state to pass athlete-agent legislation. On April 7, the governor of Arkansas signed legislation amending Arkansas' existing statute governing athlete agents. The bill provides new definitions, more stringent criminal and civil penalties, increased registration fees, additional prohibited activities and limitations on athlete-agent contact with student-athletes. On April 19, the Arizona legislature sent an athlete-agent bill to the governor for signature. The legislation does not require athlete-agent registration but does regulate athlete-agent conduct and imposes criminal and civil liability on those who violate the act. If the governor signs the bill, Arizona will become the 28th state to adopt athlete-agent legislation. NFLPA to establish certification for financial planners; also adopts rule aimed at deterring agents from paying college players. During its March 21-28 meeting, the National Football League Players Association (NFLPA) decided to implement a certification process to regulate financial planners. The decision was sparked by an investigation last year by the Securities Exchange Commission (SEC). The SEC, with the cooperation of the NFLPA, launched an investigation focusing on financial planners who recruit on behalf of agents, financial planners who steal funds from their clients, agents who give investment advice without a license and agents who do not disclose business partnerships or relationships with clients. The NFLPA will require financial planners who want to be licensed to submit an application and pass an exam testing competency and familiarity with issues facing NFL players. Also, the NFLPA passed a rule that would prohibit an agent from collecting any fees from a player if the agent had provided him with improper benefits before becoming a client. This rule is designed to deter agents from paying college players. Pennsylvania fines agent for violating athlete-agent law. The state of Pennsylvania has fined athlete agent Wendell Armant $2,000 for signing two Pennsylvania State University players without being registered with the state under an athlete-agent law passed last year. Armant said he was unaware of the law when he recruited and signed the two players. Tax issues -- leasing of luxury boxes On April 20, an attorney hired by the American Council on Education (ACE) met with the national office of the Internal Revenue Service to begin discussions related to the tax deductibility of contributions made to a college or university for purposes of luxury/skybox leases. In 1996, a corporation made a contribution to Iowa State University in the amount of $200,000 for a 10-year lease on a luxury box. Iowa State determined that $20,520 was the value for the rental of the luxury suite, including parking. The corporation took a deduction on the allowable 80 percent of the remaining $179,480 as a charitable deduction (to the athletics department to help finance stadium renovations). The IRS regional office in Dallas disallowed the contribution as a tax deduction. The IRS stated that the right to lease the skybox could only be secured by a cash gift of $200,000; thus the value of the entire contribution did not qualify as a charitable contribution. According to ACE, the IRS was receptive, although noncommittal, to the arguments made by the higher education community at the April 20 meeting. The IRS asked that more background be provided. The head of the corporation that made the contribution and the ACE attorney will meet with the IRS again in May to present additional data to substantiate the tax deduction. The NCAA has offered to assist ACE in the matter if it is not resolved at the May meeting. Miscellaneous Connecticut and Indiana senators salute Men's and Women's Final Four champions. On April 14, Sen. Evan Bayh, D-Indiana, and Sen. Richard G. Lugar, R-Indiana, introduced a resolution that was adopted by the Senate commemorating Purdue University for winning the 1999 NCAA Division I Women's Basketball Championship in March. On April 15, Sen. Christopher J. Dodd, D-Connecticut, and Sen. Joseph I. Lieberman, D-Connecticut, submitted a similar resolution that was adopted by the Senate congratulating the University of Connecticut for winning the 1999 NCAA Division I Men's Basketball Championship. A copy of the resolution was forwarded to the president of Connecticut. Appeals Court will not review Texas school prayer decision. On April 7, the 5th Circuit Court of Appeals announced it would not review the decision of the court's three-judge panel to ban student-led prayers before public high-school football games. The Court of Appeals panel had declared the prayers unconstitutional in a 2 to 1 vote. In Doe v. Santa Fe Independent School District, the court noted that limited prayer is allowed at solemn events such as graduations, but football games are "hardly the sober type of annual event that can be appropriately solemnized with prayer." Bleacher safety bill introduced in Congress. On February 24, Rep. Bill Luther, D-Minnesota, introduced legislation, H.R. 836, to authorize the Consumer Protection Safety Commission to issue a standard for bleacher safety. Luther is concerned about recent incidents involving children falling between bleacher guard rails and gaps between seats. These injuries have occurred largely because older bleacher facilities do not have back and side barriers, which prevent children from climbing, or falling off the structure. H.R. 836 authorizes the Consumer Product Safety Commission to issue a national bleacher safety standard for the production, erection and retrofitting of bleacher and grandstand facilities. The legislation currently is pending before the House Commerce Committee. |