National Collegiate Athletic Association

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The NCAA News -- September 13, 1999

Legislative assistance

NCAA Constitution 5 -- NCAA Divisions II and III Legislative Calendar.

NCAA Divisions II and III institutions should note that in accordance with Article 5 of the NCAA Constitution, the Initial Publication of Proposed Legislation for the 2000 NCAA Convention was mailed August 15. This publication presents all proposed amendments to NCAA legislation that were submitted properly by the Divisions II and III membership on or before July 15. The following is the 1999-00 legislative calendar as set forth in Constitution 5:

  • August 15-September 15: Sponsors are permitted to refine and change their proposals in any manner germane to the original proposal. Member institutions and conferences are invited to offer any suggested revisions of a proposal to the primary contact person listed with the proposal. Further, members who believe an amendment should not be modified should inform the primary contact person.

  • September 1: Deadline for submission of amendments by the NCAA Divisions II and III Presidents Councils.

  • September 15: Deadline for submission by all sponsors (through the primary contact person) of any modification to their original amendment. These modifications may represent either greater or lesser changes; they need only be germane to the original amendment.

  • September 23: Mailing of Second Publication of Proposed Legislation, including all Divisions II and III membership proposals as modified and including all proposals by the Divisions II and III Presidents Councils.

  • September 23-November 1: The Divisions II and III Presidents Councils, as well as the membership, may submit amendments to the proposals in the Second Publication of Proposed Legislation. These amendments-to-amendments may not increase the modification of the provisions to be amended; they must fall between the provisions of the circularized amendment and current provisions.

  • November 1: Deadline for all amendments-to-amendments to be received in the national office. No amendments-to-amendments may be submitted after this date (including at the Convention itself), except that the Presidents Councils are authorized to submit further amendments-to-amendments at the Convention if they deem such action necessary.

  • November 15: Mailing of the Official Notice of the Convention, including all proposed legislation and the properly submitted amendments-to-amendments.

  • January 8-11 NCAA Convention: Only changes of an editorial nature will be made in the proposed legislation as it appeared in the Official Notice.

    Scouting Prohibition -- Division I

    Division I institutions should note that pursuant to NCAA Bylaw 11.6.1.1, in Division I basketball, football and women's volleyball, off-campus, in-person scouting of opponents is prohibited, except as provided in 11.6.1.1.1. As set forth in the rationale statement of the legislation, the scouting of opponents in those sports will occur through the mutual exchange of each institution's game films/videotapes. Further, during the discussion of the legislation at the 1994 NCAA Convention, the sponsors indicated that the proposal also precludes an institution from employing or paying the expenses of someone else, including professional scouting services, to scout an opponent. Consistent with that intent, it is not permissible for a Division I institution in the sports of football, basketball and women's volleyball to purchase or obtain game films/videotapes from any entity other than its opponent. [Reference: 1994 NCAA Convention Proceedings, page 74] It is permissible; however, to obtain film from an institution that previously has competed against the team that the institution will compete against in the future.

    Finally, please note that as set forth in 11.6.1.1.1, an institution may pay the expenses of a member of its coaching staff to attend a regular-season or postseason tournament in which the institution's intercollegiate team is a participant. Under such circumstances, the individual may scout future tournament opponents also participating in the same tournament at the same site without being subject to the scouting prohibition.

    NCAA Bylaw 15.1

    Nonresident Alien Withholding Tax

    Divisions I and II institutions should note that the Internal Revenue Service requires educational institutions to withhold tax from the taxable portion of scholarship payments made to nonresident alien (foreign) students. Further, per Bylaw 15.1, a student-athlete is not eligible to participate in intercollegiate athletics if he or she receives financial aid that exceeds the value of a full grant-in-aid, which consists of tuition and fees, room and board, and required course-related books. In addition, an institution may not provide a student-athlete with financial aid that exceeds the full value of any one of the elements (i.e., tuition and fees, room and board, and books).

    Accordingly, it would not be permissible for a Division I or II institution to provide a foreign student-athlete with a full grant-in-aid and, in addition, pay the nonresident withholding tax. Such an arrangement would result in the student-athlete receiving financial aid from his or her institution that exceeds the value of a full grant and, thus, would jeopardize that student's remaining eligibility. Therefore, a nonresident alien (foreign) student who is receiving a full grant-in-aid would be required to reimburse the institution the value of the nonresident alien withholding tax.

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