The NCAA News - News and Features

The NCAA News -- June 21, 1999

Management Council minutes

Following is the report from the April 12-13, 1999, meeting of the Division I Management Council at the Hyatt Newporter Hotel in Newport Beach, California. All actions taken by the Management Council are included. Highlights of the meeting were reported in the April 26, 1999, issue of The NCAA News.

1. Opening remarks.

2. Previous minutes; January 9 and 11, 1999, Management Council meeting and January 12 joint meeting of the Management Council and Board of Directors.

MC ACTION: Approved as distributed. (Unanimous voice vote.)

3. Division I Administrative Committee report on interim actions.

Minutes of January 27, February 11, February 25, March 11 and March 25 Division I Management Council Administrative Committee conferences. (The April 8 call was canceled.)

MC ACTION: Approved as distributed. (Unanimous voice vote.)

4. Report of Board of Directors January 12, 1999, meeting.

No action taken.

5. Report of Executive Committee January 12, 1999, meeting.

No action taken.

6. President's report.

Received a report of key issues, including the national office move to Indianapolis; the status of a bill in the Indiana legislature that would provide tax-exempt financing for the NCAA to use in paying a portion of the restricted-earnings settlement; the process for Executive Committee evaluation of the NCAA president; and the status of public-perception research conducted by Landor-Harris.

7. Litigation update.

MC ACTIONS:

a. Received a report from NCAA legal counsel concerning current litigation involving the Association.

b. Review of Initial-Eligibility Standards. Agreed that the Management Council Administrative Committee would communicate with the Board of Directors in order to identify individuals within the governance structure who have been involved in the consideration of initial-eligibility standards (e.g., members of the Management Council, Academics/Eligibility/Compliance Cabinet, Minority Opportunities and Interests Committee and Student-Athlete Advisory Committee) who could act as consultants to the Board as it continues to evaluate the current and alternative initial-eligibility standards. (Unanimous voice vote.)

8. Cabinet reports.

a. Championships/Competition Cabinet.

MC ACTIONS: Received the report of the February 2-3 Championships/Competition Cabinet meeting and took the following actions:

(1) Budget requests.

(a) Supported a recommendation that $52,500 be included in the 1999-00 general operating budget for additional officiating expenses resulting from previous expansion of the Division I Baseball and Division I Women's Softball Championships brackets. (Unanimous voice vote.)

(b) Bracket and field-size expansion. Supported recommendations that the following brackets and field sizes be expanded, effective with the 1999-00 academic year, in priority order:

i. Division I Field Hockey Championship -- From 12 to 16 teams -- $66,000.

ii. National Collegiate Men's and Women's Fencing Championships -- From 120 to 144 participants (to accommodate the addition of women's sabre and an additional 24 female competitors) -- $21,500.

iii. Division I Men's and Women's Golf Championships -- From 324 to 423 participants in the men's regional qualifying tournaments ($1,000), from 204 to 252 participants in the women's regional qualifying tournaments ($1,000), and from 99 to 126 participants in the women's championships ($50,000).

iv. Division I Men's Soccer Championship -- From 32 to 48 teams -- $180,000.

(For 31, against 2, not present 1.) [See Vote No. 13.]

(c) Supported a recommendation that an officiating-improvement program be established in women's softball, effective with the 1999-00 academic year -- $50,000. (For 29, against 4, not present 1.) [See Vote No. 14.]

(d) Supported a recommendation that officiating fees for the Division I Women's Basketball Championship be increased to the same fees as those paid in the Division I Men's Basketball Championship -- $38,775. (For 24, against 9, not present 1.) [See Vote No. 15.]

(e) Supported a recommendation that background checks be conducted on game officials in the Division I Men's and Women's Basketball Championships -- $10,000. (For 26, against 6, not present 2.) [See Vote No. 16.]

(f) Based on a recommendation from the cabinet's Administrative Committee, tabled a recommendation that the first- and second-round sessions of the Division I Women's Basketball Championship be conducted at 16 predetermined sites (with four teams each), effective with the 2000 championship. (Unanimous voice vote.)

(2) Baseball championship starting date. Did not support a recommendation that the starting date for the Division I Baseball Championship be moved one week later, effective with the 2001 championship. (Defeated -- for 15, against 18, abstain 1.) [See Vote No. 1.]

(3) Proposal No. 99-21 -- Championships -- Automatic Qualification -- General Requirements (written religious policies regarding competition).

(a) Reviewed a proposal to amend Bylaw 31.3.4.1-(f) to specify that a conference with automatic qualification into an NCAA championship shall not lose its automatic bid if a conference champion declines to compete in an NCAA championship for reasons related to written religious policies that prohibit competition on certain days

(b) Amended the proposal to be effective August 1, 1999, and to specify that the automatic bid would be awarded to the second-place team as identified under the conference policy used to select the automatic qualifier in accordance with Bylaw 31.3.4.1. (Unanimous voice vote.)

(c) Adopted and forwarded to the Board of Directors the proposal as amended. (Unanimous voice vote.)

(4) Proposal No. 99-20 -- Postseason Bowl Games -- Deserving Winning Team. Adopted and forwarded to the Board of Directors an amendment to Bylaw 30.9.2 (Contest Status) to specify that a forfeiture of a regular-season football victory required by the NCAA Division I Committee on Infractions, a conference or self-imposed by an institution due to an NCAA rule violation may not be counted by either of the competing institutions in satisfying the definition of a deserving winning team. (For 26, against 1, abstain 7.) [See Vote No. 2.]

(5) Proposal No. 98-61 -- Limitations on Automatic Qualification -- Division I Basketball.

(a) Noted that the cabinet had voted not to approve the Division I Men's Basketball Committee's recommendation to limit to 30 the number of automatic qualifying conferences into the Division I Men's Basketball Championship;

(b) Received a report from the staff that it had reexamined its July 1998 decision that Proposal No. 98-61 was out of order and has concluded that the proposal does not appear to violate the constitutional guarantees to Division I-AA and I-AAA for championship access.

(c) Amended the proposal to state explicitly that limiting the number of automatic qualifiers to 30 is subject to the championship-access guarantee afforded to the members of Division I-AA and I-AAA as set forth in Constitution 4.01.2.3.1 (e.g., all contests shall be administered and funded by the NCAA and broadcast on television, and any team that participates in the championship shall be awarded at least one financial unit) and to clarify that the remainder of the field would be at-large selections. (Unanimous voice vote.)

(d) Approved and forwarded to the Board of Directors the proposal as amended. (For 22, against 12.) [See Vote No. 7.] [Note: The Management Council first defeated a recommendation to circulate the proposal for a 60-day comment period. (For 13, against 21.) [See Vote No. 6.]

(6) Proposal No. 98-92 -- Playing and Practice Seasons -- Contest Limitations -- Division I Basketball. Reviewed a request from the Division I-A Athletics Directors Association for the Great Eight Basketball Festival exemption to be continued for two years and agreed to interpret the effective date to provide an exception for the 1999-00 academic year for any basketball event that was exempted prior to the adoption of the proposal and that had no opportunity to select participants (and, therefore, had no opportunity to enter into a binding contract with any institution) for its 1999-00 academic-year event prior to October 20, 1998, due to the manner by which teams are selected. (Unanimous voice vote.)

b. Strategic Planning Cabinet.

MC ACTIONS:

(1) Received the report of the February 2-3 Strategic Planning Cabinet meeting and took the following actions.

(a) Role of the cabinet. Reviewed the cabinet's recommendations regarding its role within the Division I governance structure and agreed that the Management Council Subcommittee to Review the Governance Structure would further consider this issue and report its recommendations to the Management Council in July.

(b) Committee on Women's Athletics. Approved a two-year term extension for Cheryl Levick, chair of the Committee on Women's Athletics. (Unanimous voice vote.)

(c) NCAA Conventions. Agreed that the Management Council Subcommittee to Review the Governance Structure should consider the cabinet's recommendations for the format of future Conventions.

(d) Budget requests. Supported the following budget requests (listed in priority order, as determined by the cabinet) from Association-wide committees and agreed with the cabinet that these initiatives should be funded through a reallocation of funds from the existing Association-wide budget and not from an increase in the Association-wide total budget (For 27, against 6, not present 1.) [See Vote No. 17.]

i. Gambling initiatives. As recommended by the Committee on Sportsmanship and Ethical Conduct, for a strategy to analyze and begin to address membership concerns regarding the threat of sports wagering on the integrity of collegiate sports and the health and safety of its student-athletes -- $135,000.

ii. Video and workshop regarding minority enhancement in athletics. As recommended by the Minority Opportunities and Interests Committee, for development of a video, workshops/seminars and other programs that would enhance opportunities for ethnic minorities and educate individuals at all academic and professional levels regarding (1) careers in athletics and (2) the history of ethnic minority participation in athletics -- $20,000.

iii. Enhancements of opportunities for ethnic minority women in athletics administration. As recommended by the Minority Opportunities and Interests Committee, for development of initiatives, in conjunction with the Committee on Women's Athletics and the National Association of Collegiate Women Athletic Administrators, that will enhance the role of ethnic minority women in athletics -- $10,000.

iv. Sportsmanship posters. As recommended by the Committee on Sportsmanship and Ethical Conduct, for production and distribution of 10,000 posters -- $8,000.

v. Enhancement of participation of ethnic minorities and women in nontraditional sports. As recommended by the Minority Opportunities and Interests Committee, for funding for 20 clinics to introduce minority males and females to nontraditional sports -- $100,000.

vi. National Youth Sports Program (NYSP) public-service announcements. As recommended by the National Youth Sports Program Committee, for the creation of an NYSP public-service announcement -- $5,000.

(f) Proposal No. 98-37 -- Amateurism -- Developmental Training Expenses. Gave initial approval to the proposal to allow prospective and enrolled student-athletes to receive funding to cover actual and necessary developmental training expenses that are approved by the United States Olympic Committee or appropriate national governing body (NGB) to pay for equipment, room and board, travel and other essential items unrelated to participation in a specific competition. (Unanimous voice vote.)

(2) Strategic plan. Reviewed a draft of the Division I strategic plan; agreed that, as a status report of activities occurring in the division, the plan provided a starting point for future plans, which will be more strategic and provide guidance and direction to develop a vision for the future and a framework to ensure that the division identifies and reaches its desired outcomes and aligns priorities with resources; and noted that members of the Management Council could provide comment and feedback regarding the plan to the Strategic Planning Cabinet and that the Management Council would review a final plan in July.

c. Academics/Eligibility/Compliance Cabinet.

(1) Received the report of the February 18-19 meeting and took the following actions:

(a) Proposal No. 98-106 -- Basketball Event Certification/Summer Basketball Leagues. Approved and forwarded to the Board of Directors a proposal that would amend Bylaws 30.15 and 30.16 to prohibit any individual who has been found or pleaded guilty to sport bribery, point shaving or game fixing from having any involvement as an operator, staff member or participant in an NCAA certified basketball event or summer basketball league. (Unanimous voice vote.)

(b) Proposal No. 99-22 -- Financial Aid -- Student-Athlete Employment. Declined to give initial approval to a proposal to permit a student-athlete to be employed as an academic tutor within the student-athlete academic unit controlled or operated by the athletics department and earn compensation (not to exceed $2,000) without considering such earnings as institutional aid. (Defeated -- for 15, against 19.) [See Vote No. 3.]

(c) Reducing costs associated with the Clearinghouse.

i. Agreed that the Initial-Eligibility Clearinghouse Committee should be authorized to raise the student fee a maximum of $2 per year, rather than incurring large, infrequent fee increases. (Unanimous voice vote.)

ii. Agreed that the Clearinghouse should increase the use of technology, which should result in cost-savings after capital costs are recouped. (Unanimous voice vote.)

iii. Tabled a recommendation for a $15,000 study of the potential cost-savings and standards associated with a post-junior-year final certification, pending the completion of a pilot study funded with existing resources. (Unanimous voice vote.)

(d) Summer baseball leagues. Approved the allocation requests, as recommended by the cabinet, for eight 1999 NCAA-sanctioned summer baseball leagues. (Unanimous voice vote.)

(e) Cabinet chair. Reappointed David Knight, University of North Carolina, Greensboro, as chair of the cabinet. (Unanimous voice vote.)

(2) Legislative Review/Interpretations Subcommittee.

(a) Minutes of the Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations. Approved the minutes as submitted, with the exception of Item No. 1 of the February 18 minutes regarding continuity of conference membership for determination of automatic qualification for the Men's Basketball Championship. (Unanimous voice vote.)

[Note: The Management Council subsequently heard a presentation from the Mountain West Conference and tabled this issue until July. (See Item No. 13 below).]

(b) Notre Dame appeal.

i. Considered an appeal by the University of Notre Dame regarding the application of certain NCAA amateurism, financial aid and extra-benefit regulations to one of its student-athletes.

ii. Upheld the decision of the Legislative Review/Interpretations Subcommittee. (For 23, against 11.) [See Vote No. 4.]

d. Business/Finance Cabinet.

MC ACTIONS:

Received the report of the February 22-23 meeting and took the following actions:

(1) Role of the cabinet. Reviewed the cabinet's recommendations regarding its role within the Division I governance structure and agreed that the Management Council Subcommittee to Review the Governance Structure would further review this issue and report its recommendations to the Management Council in July.

(2) NCAA Conference Grant Program. Approved the cabinet's recommendation to broaden the permissible expenses for the NCAA Conference Grant Program to include gambling education. (Unanimous voice vote.)

9. Committee reports.

a. Committee on Athletics Certification.

(1) Received a summary of the most recent certification-status decisions.

(2) Affirmed the committee's policy to prohibit conference representatives from attending interviews or meetings of peer-review teams. [Defeated a motion to amend the policy to permit conference representatives to attend on-campus interviews conducted by peer-review teams. (For 16, against 18.) [See Vote No. 5.]

b. Student-Athlete Advisory Committee. Received a report from the Student-Athlete Advisory Committee, including the committee's position regarding several legislative proposals and the following items for action by the Management Council:

(1) Student-athlete representation on Association-wide committees. Approved the recommendation to include one Division I student-athlete (preferably, a representative of the Division I Student-Athlete Advisory Committee) in an advisory capacity on each of the following committees: Committee on Competitive Safeguards and Medical Aspects of Sports, Committee on Sportsmanship and Ethical Conduct, Research Committee, National Youth Sports Program Committee, Minority Opportunities and Interests Committee and Committee on Women's Athletics. (Unanimous voice vote.)

(2) Student-athlete representation on Division I committees. Referred to the respective committees recommendations that a Division I-AA football student-athlete be appointed to the Division I-AA Football Governance Committee, a Division I-A football student-athlete be appointed to the Football Issues Committee and a Division I student-athlete be appointed to the Financial Aid Committee. (Unanimous voice vote.)

(3) Initial-eligibility model. Agreed that an initial-eligibility model recommended by the committee should be forwarded to the Board of Directors for its consideration in the ongoing evaluation of initial-eligibility standards.

(4) NCAA Sportsmanship Award. Expressed support for the recommendation that the NCAA sportsmanship award be named for Lisa Coole, former student-athlete and NCAA Woman of the Year award winner from the University of Georgia; referred the suggestion to the Committee on Sportsmanship and Ethical Conduct for consideration; and noted the possibility that there may be other student-athletes who should be considered for such an honor. (Unanimous voice vote.)

(5) Annual meeting with the Management Council. Agreed that the January 2000 joint meeting of the Management Council and Student-Athlete Advisory Committee would be scheduled for approximately two hours.

(6) Student-Athlete Advisory Committee position regarding legislation. Agreed that formal positions of the Student-Athlete Advisory Committee regarding legislative proposals would be included in future Management Council reports. (Unanimous voice vote.)

(7) Student-Athlete Advisory Committee summer meeting. Agreed that new members to the Student-Athlete Advisory Committee (with terms beginning September 1) could attend the summer meeting of the committee to aid in providing continuity. (Unanimous voice vote.)

10. Report of Management Council subcommittees.

a. Administrative Review Subcommittee report of decisions.

MC ACTION: Received a report from the subcommittee regarding decisions from November 23, 1998, through February 26, 1999. (Unanimous voice vote.)

b. Selection Review Committee.

MC ACTIONS:

(1) Made the following committee selections (unanimous voice vote):

(a) Division I Football Issues Committee. The reappointment of DeLoss Dodds, University of Texas, Austin, Big 12 Conference; and Herb Deromedi, Central Michigan University, Mid-American Conference.

(b) Division I Committee on Infractions. The reappointment of Frederick B. Lacey, LeBoeuf, Lamb, Greene and MacRae; and the appointment of Gene A. Marsh, University of Alabama, Tuscaloosa, Southeastern Conference; and Josephine R. Potuto, University of Nebraska, Lincoln, Big 12 Conference.

(c) Division I Infractions Appeals Committee. The reappointment of Michael L. Slive, Conference USA.

(d) Division I Committee on Athletics Certification. The appointment of Otis Chambers, University of Wisconsin, Green Bay, Midwestern Collegiate Conference; Barbara J. Church, Metro Atlantic Athletic Conference; Thomas F. Davis, Sam Houston State University, Southland Conference; and Richard L. Wallace, University of Missouri, Columbia, Big 12 Conference.

(e) Division I Postgraduate Scholarship Committee. The reappointment of Carl D. Settergren, University of Missouri, Columbia, Big 12 Conference.

(2) Division I Student-Athlete Advisory Committee. Agreed that the Selection Review Committee would continue to review nominations for the Student-Athlete Advisory Committee and would recommend appointments to the Administrative Committee in time to allow the new appointees to attend the committee's summer meeting.

(3) Cabinet appointments. Noted that the conference selections for cabinet vacancies effective September 1 did not meet all of the minimum ethnic minority, gender and position requirements for the cabinets and agreed with the recommendation to delay approval of September cabinet appointments until the July meeting, pending resolution of the discussions regarding possible changes to the cabinet structure and submission of revised selections from the conferences. (Unanimous voice vote.)

(4) Process for interim cabinet appointments. Approved a time frame for the annual review of interim cabinet appointments regarding applicable ethnic minority, gender and position requirements. (Unanimous voice vote.)

(5) Adjustments to achieve staggered terms for sports committees.

(a) Agreed to notify the Championships/Competition Cabinet that the Management Council has determined that it would be permissible under Bylaw 21.6.2.5 and past practice to grant limited term extensions to sports committee members to provide for adequate staggering of terms within each subdivision, through the use of one-, two- or three-year terms, in addition to a full four-year term; and

(b) Requested the cabinet to use this policy to work with the Men's Basketball Committee to establish the necessary term extensions, to the most limited extent possible, to achieve appropriate staggering within each subdivision.

(For 32, against 1, not present 1.) [See Vote No. 8.]

c. Subcommittee to Review the Division I Governance Structure.

MC ACTIONS: Reviewed a report from the subcommittee and took the following actions:

(1) Legislative calendar. Adopted effective with the August 15, 1999, deadline for conference submission of legislative proposals and the October 1999 Management Council meeting a revised legislative calendar that includes the following (Unanimous voice vote):

(a) Management Council and Board of Directors consideration and action on legislation only at their April and October meetings.

(b) Only one comment period, which would follow Management Council initial review of legislative proposals.

(c) August 15 and January 15 deadlines for all conference legislative proposals to be submitted to the national office.

(d) Referral of conference proposals to the appropriate cabinets/committees by the Management Council Administrative Committee to create a more efficient referral process, which anticipates that the proposals, with cabinet/committee reaction, would be forwarded directly to the Management Council for review at the next October or April meeting.

(e) When legislation is circulated for comment, identification of any amendments made by a cabinet, the Management Council or the Board of Directors.

(f) Proposal No. 99-13 -- Division I Legislative Process -- Comment Period. Gave final approval and forwarded to the Board of Directors a proposal to eliminate the current 60-day comment period following cabinet actions related to a proposed legislative change.

(g) Proposal No. 99-14 -- Division I Legislative Process -- Noncontroversial Legislation. Amended the effective date to August 1, 1999, and gave final approval and forwarded to the Board of Directors a proposal to provide legislative authority to the Management Council to adopt only emergency, noncontroversial legislation during its first and third meetings of each calendar year, subject to review by the Board of Directors.

[Note: The Management Council directed the subcommittee to clarify how to determine when a legislative proposal satisfies the "emergency and noncontroversial" standard.]

(2) Principles for the structure of the Management Council. Accepted the following six principles as developed by the Subcommittee to Review the Division I Governance Structure in response to concerns expressed by the Board of Directors. (For 32, against 1, not present 1.) [See Vote No. 9.]

(a) That each conference in each subdivision of Division I be represented by at least one member (person) and at least one vote.

(b) That the voting ratio between Division I-A and Divisions I-AA/AAA, set at 53/47 by the current bylaws be, as nearly as possible, maintained either by membership (seats) on the Management Council or by voting multipliers applied to members of the Management Council.

(c) That the difference in the number of votes between Division I-A and Divisions I-AA/AAA, set at two by the current bylaws, be adjusted proportionately, either by a change in the membership of the Management Council or by a change in the voting multipliers, as the size of the Management Council increases.

(d) That the difference in the values of the voting multipliers of the representatives of each subdivision may be used to achieve the requisite voting ratios and number of votes between Division I-A and Divisions I-AA/AAA and within Division I-A.

(e) That votes in Division I-A be allocated in no more than two categories, as provided by current bylaws.

(f) That limits on the number of members of the Management Council be set, with the number to be not less than 38 or more than 53.

(3) Alternative structures for the Management Council. Agreed that three alternatives for Management Council composition, including membership and conference reaction to these options, should be available for Management Council review in July and took the following actions:

(a) Proposal No. 99-16 -- Division I Governance Structure -- Management Council. Tabled until July a proposal to expand the composition of the Management Council to 51 members. (Unanimous voice vote.)

(b) Proposal No. 99-41 -- Division I Governance Structure -- Management Council. Gave initial approval to a proposal to expand the Management Council to 49 members, with only two categories of Division I-A conferences. (Unanimous voice vote.)

(c) Proposal No. 99-42 -- Division I Governance Structure -- Management Council. Gave initial approval to a proposal to expand the Management Council to 38 members, with only two categories of Division I-A conferences and weighted voting. (Unanimous voice vote.)

(4) Structure of the Division I-A portion of the Management Council. Recognized that the Board of Directors had expressed concern regarding the lack of criteria for identifying different categories of Division I-A institutions and noted that the structure within Division I-A has its roots in the original restructuring legislation and that the input of other entities would be necessary to resolve this issue.

(5) Structure of the Board of Directors.

(a) Noted the relationship between the composition of the Board of Directors and the Management Council.

(b) Proposal No. 99-15 -- Division I Governance Structure -- Board of Directors. Tabled until July a proposal to expand the composition of the Board of Directors to 18 members. (Unanimous voice vote.)

(6) Structure of the cabinets.

(a) Academics/Eligibility/Compliance and Championships/Competition Cabinets.

i. Noted that the composition of the cabinets does not provide representation for the Mountain West Conference;

ii. That the structure of the two cabinets mirrors that of the current Management Council composition; and

iii. Agreed that as part of its review of the role of the cabinets during its July 1999 meeting, the Management Council should request input from these two cabinets regarding whether it would be desirable for their compositions to continue to directly parallel that of the Management Council and whether any of the structures detailed in Proposal Nos. 99-16, 41 and 42 would be acceptable to the cabinets.

(b) Strategic Planning and Business/Finance Cabinets. Requested the subcommittee to continue its discussion of the future of these two cabinets, taking into account each cabinet's analysis of its role and future and the presentations made by their chairs and to bring recommendations to the Management Council for consideration at its July meeting. (Unanimous voice vote.)

11. Report of the January 8 Division I-AA Football Governance Committee meeting.

The Management Council accepted the following Division I-AA Football Governance Committee actions (unanimous voice vote.):

a. Proposal No. 98-54 -- Recruiting -- Evaluations/Telephone Calls -- Divisions I-A and I-AA Football. Tabled the proposal.

[Note: During the meeting of the full Management Council, the Division I-A members tabled the proposal. Accordingly, the proposal was tabled in Division I-AA. Prior to tabling this proposal, the committee had:

(1) Agreed to approve and forward to the Board for adoption the sections of the proposal that would expand the spring evaluation period to permit 30 consecutive days (excluding Memorial Day and Sundays), beginning April 15 through May 31, if Division I-A approves the proposal (for 7, against 1, abstain 2), and

(2) Agreed to give initial approval to the section of the proposal that would permit one telephone call to a prospect [or the prospect's relatives or legal guardian(s)] during the institution's designated spring evaluation period, if Division I-A approved the proposal. (Unanimous voice vote.)]

b. Proposal No. 98-90 -- Division I-AA Football -- Maximum Contest Limitations. Approved and forwarded to the Board for adoption a proposal that would eliminate annual preseason exempted contests subsequent to the 2002 playing season; further, beginning with the 2002 football season, would permit Division I-AA institutions to schedule a 12th football contest in those years in which there are 14 Saturdays from the first permissible playing date through the last playing date in November. (For 9, against 1.)

c. Proposal No. 98-91 -- Weekly Hour Limitations -- Skill Instruction -- Division I-A and I-AA Football. Declined to approve a proposal that would permit football student-athletes to participate in individual skill-related instruction outside the institution's declared playing season during the academic year, provided (a) the student-athlete requests such instruction; (b) such instruction does not involve the use of any pads or helmets; and (c) no more than three student-athletes are involved in skill-related instruction with their coaches at any one time in any facility. (Defeated -- for 2, against 7, abstain 1.)

d. Proposal No. 98-122 -- Sports Committees with Championship Administration Responsibilities -- Regional Representation. Agreed to support the regional representation specified for the Division I-AA Football Committee. (For 9, against 1.)

[Note: During the meeting of the full Management Council, the proposal received final approval and was forwarded to the Board of Directors for adoption.]

e. Proposal No. 99-17 -- Division I-AA Football -- Heritage Bowl. Noted that the intent of the proposal was to ensure that the time of the Heritage Bowl did not conflict with any part of the Division I-AA championship game and agreed that as a matter of policy, the Heritage Bowl would not occur during the four-hour window beginning with the kick-off of the Division I-AA championship game.

Approved and forwarded to the Board for adoption the proposal that would permit the Heritage Bowl to be conducted on the same weekend as the Division I-AA Football Championship, provided there is no conflict in the times of the contests. (For 8, against 2.)

f. Proposal No. 99-39 -- Preseason Football Practice -- Maximum Number of Participants -- Division I-AA. Agreed to give initial approval to a proposal that would specify that a maximum of 105 student-athletes may participate in Division I-AA preseason football practice and noted that this proposal does not change the exception specified in Bylaw 17.10.2.1.2.1. (For 6, against 3, abstain 1.)

g. Division I-AA football marketing study update. Agreed that the discussion of marketing Division I-AA football could occur at the conference level and that at this time, there is no need to further pursue with the Business/Finance Cabinet the request for an NCAA Division I-AA football marketing study. (Unanimous voice vote.)

h. Process for determining representatives to the NCAA Football Issues Committee.

Agreed to request that the Management Council support legislation to amend Bylaw 21.6.6.3.3.2.1 to allow all Division I-AA conferences to select the individuals who serve as their representatives to the Football Issues Committee.

MC ACTION: Gave initial approval to Proposal No. 99-43 as requested. (Unanimous voice vote.)

i. Review of Issues Regarding the Status of the Division I-AA Football Championship.

Received a report from John Johnson, chair of the Division I-AA Football Committee, regarding that committee's evaluation of the Division I-AA Football Championship. The committee and Mr. Johnson discussed issues regarding the television coverage of the championship and recent changes to the championship that were instituted for the "good of the game" but that reduced the revenue generated during the championship, including locating the championship game to a more neutral site, changing the bidding process for preliminary rounds and seeding all 16 teams.

j. Discussion of scholarship limits. In response to inquiries from several institutions, the committee discussed whether there was any support for reducing Division I-AA scholarship requirements and agreed that there did not appear to be any movement in that direction.

k. Commercial licenses. Discussed the omission of many Division I-AA/AAA institutions from electronic football/basketball games and agreed that the chair should write a letter on behalf of the committee encouraging the NCAA marketing/licensing/promotions staff to attempt to include all Division I institutions in all NCAA licensing agreements and promotional efforts. (Unanimous voice vote.)

l. Issues related to the Heritage Bowl. Reviewed a referral from the Championships/Competition Cabinet regarding whether oversight of the Heritage Bowl would be more appropriately placed with a Division I-AA committee and agreed that the Division I-AA Football Governance Committee would request and review the reports specified in Bylaw 30.9 for the Heritage Bowl. (Unanimous voice vote.)

12. Budget issues.

MC ACTIONS:

a. Review of alternatives for funding the restricted-earnings settlement.

(1) Received a report from the Management Council members of the Division I Budget Subcommittee regarding alternative methods for funding expenses associated with the restricted-earnings judgement and a recommendation to allocate the $54.5 million settlement expense as follows:

(a) $18.25 million from reserves.

(b) $18.125 million in funds allocated to Division I institutions through the revenue-distribution plan.

(c) $18.125 million in funds based on an equal payment among the 310 institutions in Division I.

[Note: A $20 million credit ($10 million from basketball funds and $10 million from broad-based funds) is to be applied to the amount each institution owes from (b) and (c) above. This $20 million is from the expected $10 million revenue distribution previously placed in escrow by the Board of Directors from the 1998-99 budget and an additional $10 million in revenue distribution recommended to be withheld from the 1999-2000 budget and would be credited toward each institution's share of the payment in the amount that would have been received if the distribution had been made as scheduled.]

(2) Noted that subsequent to plans made by the Administrative Committee in March for the Management Council to engage in a preliminary discussion of this issue at its April meeting in order to allow conferences to consider the various alternatives for final review by the Management Council in July, members of the Board of Directors expressed the desire for the Management Council to forward a recommendation to the Board in April and it became clear that delaying the selection of an allocation method (following the payment by the NCAA on May 1) increases the cost of financing the settlement.

(3) Defeated a motion to table the recommendation to allow conferences to discuss the proposed option and other funding alternatives prior to the Management Council submitting a final recommendation to the Board of Directors. (Defeated -- for 13, against 20, not present 1.) [See Vote No. 11.]

(4) Approved the recommendation of the Management Council members of the Division I Budget Subcommittee as set forth in Item 12-a-(1) above. (For 20, against 12, abstain 1, not present 1.) [See Vote No. 12.]

b. Preliminary review of 1999-00 budget requests.

(1) Reviewed the projected excess revenues over expenditures for the 1999-00 budget and the $1,631,000 of new money available for funding strategic initiatives (approximately $850,000 for Association-wide requests and $800,000 for Division I requests as recommended by the Division I and Executive Committee Budget Subcommittees).

(2) Expressed support for initiatives recommended by the Championships/Competition and Strategic Planning Cabinets and noted that the Division I Budget Subcommittee would make recommendations to the Board regarding the initiatives to be funded with available new or reallocated funds, as detailed above. (See Item Nos. 8-a-(1) and 8-b-(1)-(d).

13. Review of the official interpretations and policies concerning automatic qualification for the Mountain West Conference.

MC ACTIONS:

a. Heard a presentation from representatives of the Mountain West Conference requesting that the Management Council affirm the February 18 interpretation of the Legislative Review/Interpretations Subcommittee that the conference should not be considered a new conference for determining its eligibility for automatic qualification for the NCAA Division I Men's Basketball Championship because it satisfies the continuity of conference membership requirement in Bylaw 31.3.4.3.1-(a) and the "core group" principle related to automatic qualification for Division I championships, including men's basketball.

b. Ultimately acted to set aside the interpretation of the subcommittee and to table final action until the July meeting; and noted that the conference does not satisfy the requirements for automatic qualification in any sport at this time, but to be considered for automatic qualification for championships in sports other than men's basketball, it could apply immediately to the Championships/Competition Cabinet for a waiver of the required two-year waiting period, as specified in Bylaw 31.3.4.2. (For 26, against 5, not present 3.) [See Vote No. 29.]

[Note: The Management Council first voted to consider the Mountain West a new conference that would not be eligible for automatic qualification for the NCAA Division I Men's Basketball Championship for five years (for 21, against 12) [see Vote No. 10]; and then voted to reconsider that action. (For 17, against 13, not present 4.) [See Vote No. 28.]

c. Agreed to request that the Administrative Committee appoint a subcommittee of the Management Council (with four members from Division I-A and two each from Division I-AA and Division I-AAA) to clarify the application of the automatic-qualification requirements for the NCAA Division I Men's Basketball Championship and other championships when changes in Division I conference membership occur, including a review of the "core group" principle and its application, current conference criteria for automatic qualification, and the continuity of conference membership requirements, with a report to the Management Council for review at its July meeting. (For 29, against 2, not present 3.) [See Vote No. 30.]

14. Review of legislative proposals (including membership comment).

a. Legislative proposals (including membership comment) initially approved by the Management Council during its January 9 and 11 meeting.

(1) 98-41 (MC2) -- Financial Aid -- Foreign Student-Athletes -- Withholding Tax. Intent: To permit an institution to provide the value of a full grant (i.e., tuition, fees, room and board, and books) to a foreign student-athlete and, in addition, to pay the applicable withholding tax to the federal government.

MC ACTION: Declined to give final approval. (Defeated -- for 15, against 18, not present 1.) [See Vote No. 18.]

(2) No. 98-54 (MC2) -- Recruiting -- Evaluations/Telephone Calls -- Divisions I-A and I-AA Football. Intent: In Divisions I-A and I-AA football, to expand the spring evaluation period to permit 30 consecutive days (excluding Memorial Day and Sundays), beginning April 15 through May 31; further, in Division I-A football, to permit one telephone call to a prospect [or the prospect's relatives or legal guardian(s)] during the institution's designated spring evaluation period.

MC ACTION: Tabled the proposal, pending alternative recommendations from the American Football Coaches Association. (Unanimous voice vote; Division I-A only.)

[Note: Based on the Division I-A action, the proposal also was tabled for Division I-AA. See Item No. 11-a above.]

(3) No. 98-58 (MC2) -- Financial Aid -- Midyear Graduate -- Division I-A Football. Intent: In Division I-A football, to permit a counter who graduates at midyear or who graduated during the previous academic year (or following summer) to be replaced with an initial counter.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (Unanimous voice vote.)

(4) No. 98-62 (MC2) -- Playing And Practice Seasons -- Division I Golf. Intent: In Division I, to permit an institution that is a member of a conference that conducts its only conference championship in the sport of golf during the fall term to begin preseason practice on August 24 or the institution's first day of classes for the fall term, whichever is earlier, and to begin the first date of competition on September 1 or the institution's first day of classes for the fall term, whichever is earlier.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 25, against 7, not present 2.) [See Vote No. 19.]

(5) No. 98-65 (MC2) -- Playing And Practice Seasons -- Division I Field Hockey -- First Permissible Contest Date. Intent: In Division I, to establish 11 weeks prior to the start of the NCAA Field Hockey Championships as the first permissible contest date in the sport of field hockey.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 18, against 2, abstain 12, not present 2.) [See Vote No. 20.]

(6) No. 98-66 (MC2) -- Playing And Practice Seasons -- Division I Women's Soccer. Intent: In Division I, to establish 11 weeks prior to the start of the NCAA championships as the first permissible contest date in the sport of women's soccer.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 30, against 2, not present 2.) [See Vote No. 21.]

(7) No. 98-90 (MC2) -- Division I-AA Football -- Maximum Contest Limitations. Intent: In Division I-AA football, to eliminate annual preseason exempted contests subsequent to the 2002 playing season; further, beginning with the 2002 football season, to permit Division I-AA institutions to schedule a 12th football contest in those years in which there are 14 Saturdays from the first permissible playing date through the last playing date in November.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 9, against 1; Division I-AA only.) (See Item No. 11-b above.)

(8) No. 98-108 (MC2) -- Eligibility -- Hardship Waiver -- Division I. Intent: In Division I, to require that contemporaneous or other appropriate medical documentation, as specified, be submitted with any hardship-waiver request.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (Unanimous voice vote.)

(9) No. 98-109 (MC2) -- Eligibility -- Seasons Of Competition -- Division I. Intent: In Division I, to permit the NCAA Division I Academics/ Eligibility/Compliance Cabinet Subcommittee on Student-Athlete Reinstatement to grant a student-athlete an additional season of competition when a coaching staff member erroneously directed a student-athlete to participate in competition prior to receipt of a formal declaration of his or her eligibility status and the student-athlete is subsequently determined to be ineligible for the competition.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 21, against 11, not present 2.) [See Vote No. 22.]

(10) No. 98-110 (MC2) -- De Minimis Violations -- Enrolled Student-Athletes -- Division I. Intent: In Division I, to specify instances in which a de minimis violation will not render an enrolled student-athlete ineligible while retaining the fact that such a violation shall be considered an institutional violation.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (Unanimous voice vote.)

(11) No. 98-111 (MC2) -- Restitution For Receipt Of Improper Benefits -- Division I. Intent: In Division I, to specify circumstances in which an institution does not have to declare a student-athlete ineligible and seek reinstatement on behalf of a student-athlete who received an improper benefit, provided the student-athlete repays the value of the improper benefit.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (Unanimous voice vote.)

(12) No. 98-122 (MC2) -- Sports Committees With Championship Administration Responsibilities -- Regional Representation. Intent: To establish regional representation on various sports committees with championships administration responsibility without increasing the current size of the committee.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 31, against 1, not present 2.) [See Vote No. 23.]

(13) No. 99-13 (MC2) -- Division I Legislative Process -- Comment Period. Intent: To modify the current Division I legislative process by eliminating the current 60-day comment period following cabinet action related to a proposed legislative change.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. [See Item No. 10-c-(1)-(f) above.]

(14) No. 99-14 (MC2) -- Division I Legislative Process Noncontroversial Legislation. Intent: To provide legislative authority for the Management Council to adopt only emergency, noncontroversial legislation during its first and third meetings of each calendar year, subject to review by the Board of Directors.

MC ACTION: Amended to be effective August 1, 1999; gave final approval and forwarded to the Board of Directors for adoption. [See Item No. 10-c-(1)-(g) above.]

(15) No. 99-15 (MC2) -- Division I Governance Structure -- Board Of Directors. Intent: To expand the composition of the Board of Directors to include an additional member from the Mountain West Conference, one representative from both the Big West and Mid-American Conferences and one additional I-AA/I-AAA representative.

MC ACTION: Tabled until July. [See Item No. 10-c-(5)-(b) above.]

(16) No. 99-16 (MC2) -- Division I Governance Structure--Management Council. Intent: To expand the composition of the Management Council to include representatives from each of the current Division I conferences.

MC ACTION: Tabled until July. [See Item No. 10-c-(3)-(a) above.]

(17) No. 99-17 (MC2) -- Division I-AA Football -- Heritage Bowl. Intent: To permit the Heritage Bowl to be conducted on the same weekend as the Division I-AA Football Championship, provided there is no conflict in the times of the contests.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (For 8, against 2; Division I-AA only. See Item No. 11-e above.)

b. Review of legislative proposals that the Management Council tabled or referred.

(1) No. 98-20 (MC1) -- Playing And Practice Seasons -- Contest Exemptions -- Basketball. Intent: To reclassify the men's Basketball Hall of Fame Tip-Off Classic game as an annual exempted contest requiring certification (as opposed to a once-in-four-years exemption).

MC ACTION: Noted that Proposal No. 98-92 rendered this proposal moot.

(2) No. 98-91 (MC2) -- Weekly-Hour Limitations -- Skill-Instruction -- Divisions I-A and I-AA Football. Intent: In Divisions I-A and I-AA football, to permit football student-athletes to participate in individual skill-related instruction outside the institution's declared playing season during the academic year, provided (a) the student-athlete requests such instruction; (b) such instruction does not involve the use of any pads or helmets; and (c) no more than three student-athletes are involved in skill-related instruction with their coaches at any one time in any facility.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption in Division I-A (for 11, against 6, not present 1; Division I-A only) [see Vote No. 24]; and declined to give approval in Division I-AA (defeated -- for 2, against 7, abstain 1; Division I-AA only; see Item No. 11-c above).

(4) No. 98-96 (MC1) -- Committee On Sportsmanship And Ethical Conduct. Intent: To expand representation on the Committee on Sportsmanship and Ethical Conduct to include two currently enrolled student-athletes who will serve in an advisory capacity.

MC ACTION: Noted that the Management Council had given initial approval to legislation in response to the Student-Athlete Advisory Committee recommendation to add one student-athlete to the committee and took no action regarding this proposal. [See Item No. 9-b-(1) above.]

(5) No. 98-107 (MC1) -- Recruiting Calendar -- Division I Women's Basketball. Intent: To revise the current women's basketball recruiting calendar as follows: (a) expand the summer evaluation period in 1999 from June 25 through July 31, while limiting institutions to designating a maximum of 24 days to evaluate prospective basketball student-athletes during this time period; (b) reinstate the summer evaluation period in 2000 from July 8 through July 31 and eliminate all AAU exceptions; and (c) permit institutional coaching staff members to place one telephone call to a prospect [or the prospect's parents or legal guardian(s)] between April 24 and May 15 of the prospect's junior year in high school, one additional call between June 21 and July 1, and three calls during the month of July (with no more than one telephone call per week).

MC ACTION: Gave initial approval to the proposal. (For 22, against 10, not present 2.) [See Vote No. 26.] [Note: Prior to this action, defeated a motion to table the proposal. (For 16, against 16, not present 2.) [See Vote No. 25.]

(6) No. 99-3 (MC1) -- Coaching Limitations--Volunteer Coach. Intent: To permit an institution's volunteer coach to receive compensation for employment in an institution's sports camp or clinic, provided the compensation is commensurate with the going rate for camp or clinic counselors of like teaching ability and camp or clinic experience; further, to permit an institution to provide a volunteer coach with parking expenses associated with practice.

MC ACTION: Amended to delete the section regarding expenses to attend seminars, clinics or conventions and gave initial approval to the proposal, as amended. (For 18, against 13, abstain 1, not present 2.) [See Vote No. 27.]

16. Review of legislative proposals submitted by conferences for initial approval.

a. No. 99-38 -- Foreign Tour Women's Rowing Exception. Intent: To allow women's rowing teams to compete in the Henley Royal Regatta on a foreign tour, even though the event may include competition with other American teams.

MC ACTION: Gave final approval and forwarded to the Board of Directors for adoption. (Unanimous voice vote.)

b. No. 99-39 -- Preseason Football Practice -- Maximum Number Of Participants -- Division I-AA. Intent: To specify that a maximum of 105 student-athletes may participate in Division I-AA preseason football practice.

MC ACTION: Gave initial approval to the proposal. (For 6, against 3, abstain 1; Division I-AA only. See Item No. 11-f above.)

c. No. 99-40 -- Seasons Of Competition -- Partial Qualifier And Nonqualifier. Intent: To permit a partial qualifier to earn a fourth season of competition, provided he or she is enrolled in and has successfully completed 80 percent of the requirements of a five-year degree program.

MC ACTION: Referred the proposal to the Academics/Eligibility/Compliance Cabinet. (Unanimous voice vote.)

16. Status of legislation approved by the Board in January.

No action taken.

17. Status report from the Division I Working Group to Study Basketball Issues.

No action taken.

18. Committee meeting frequency -- approval of more than one annual meeting. Pursuant to Bylaw 31.7.2.14, the Division I Management Council is charged with approving all committee requests for meeting more than once per year.

MC ACTION: Approved the scheduled meetings for those committees meeting more than one time per year in 1999-00 and agreed that the Administrative Committee would further assess issues regarding committee meeting frequency. (Unanimous voice vote.)

19. Review of recommendations regarding equestrian rules. Recommendations for financial aid limits, minimum contest and participant requirements, coaching limits, playing and practice seasons, and awards and benefits. A timeline for implementation of legislation is also recommended.

MC ACTION: Referred all issues regarding establishing NCAA rules and regulations for equestrian to the Academics/Eligibility/Compliance and Championships/Competition Cabinets. (Unanimous voice vote.)

20. NCAA membership issues.

a. Waiver requests.

(1) University of Connecticut.

MC ACTION: Approved the university's request under Bylaw 20.8.6.3.4 to waive the Division I-A permanent-seat/paid-attendance requirements beginning with the 2000 football season and noted that construction of the institution's home stadium is scheduled to be completed in time for the 2002 football season. (Unanimous voice vote -- Division I-A only.)

(2) University of Texas, Pan American.

MC ACTION: Approved the university's request under Bylaw 20.8.4.1.6 to waive for one year the Division I scheduling requirements in baseball due to the institution's geographic location and change in conference alignment. (Unanimous voice vote.)

b. Conference application from the Mountain West Conference.

MC ACTION: Approved the Mountain West Conference application for Division I conference membership. (Unanimous voice vote.)