The NCAA News - News and Features

The NCAA News -- October 11, 1999

Presidents Council minutes

Following are the minutes of the August 5 meeting of the Division II Presidents Council at the Hyatt Regency in Indianapolis. All actions taken by the Presidents Council are included. Highlights of the meeting were reported in the August 16 issue of The NCAA News.

1. Minutes. The Presidents Council reviewed the minutes of its April 20, 1999, meeting.

It was voted that the April 20 minutes be approved as distributed.

2. Report of the Executive Committee. The Presidents Council reviewed the minutes of the Executive Committee's April 21, 1999, meeting without taking any formal action.

3. Report of the Division II Management Council. The Presidents Council considered a number of recommendations from the Management Council.

a. Consent Package. It was voted that the Presidents Council approve the consent package of noncontroversial legislative proposals; editorial revisions; modifications of wording to conform to the intent; NCAA Bylaws 30, 31 and 32 amendments; and incorporations/editorial revisions, as recommended by the Management Council.

[Note: The Presidents Council agreed to remove the Bylaw 14.4.3.4.3 (International Baccalaureate Program) and Bylaw 14.2.7.1.2 (Season of Competition Waiver) revisions from the noncontroversial package and, instead, sponsor these legislative proposals for membership consideration at the 2000 NCAA Convention.]

b. Committee Recommendations.

(1) Committee on Competitive Safeguards and Medical Aspects of Sports. The Presidents Council considered a committee recommendation that minimum guidelines for institutional drug-education programs for student-athletes be approved and that the guidelines be incorporated into the Division II Institutional Self-Study Guide (ISSG).

It was voted that the Presidents Council approve the committee's recommendation.

[Note: The Presidents Council requested that the Membership Committee evaluate how to incorporate these guidelines into the ISSG and ensure that athletics departments comply with the guidelines and whether institutions should be penalized if they do not comply.]

(2) Committee on Sportsmanship and Ethical Conduct.

(a) Public Address Announcement. The Presidents Council considered a committee recommendation that the following generic public address announcement be approved for distribution to all NCAA member institutions and conferences:

"The (name of school or conference) promotes good sportsmanship by student-athletes, coaches and spectators. We request your cooperation by supporting the participants and officials in a positive manner. Profanity, racial or sexist comments or other intimidating actions directed at officials, student-athletes, coaches or team representatives will not be tolerated and are grounds for removal from the site of competition."

It was voted that the Presidents Council approve the committee's recommendation.

(b) Modification to the Sportsperson of the Year Award. The Presidents Council considered a committee recommendation that beginning with the 2000-01 academic year, the selection of the Sportsperson of the Year Award winners be based on noteworthy acts of sportsmanship that occurred during the preceding academic year.

It was voted that the Presidents Council approve the committee's recommendation.

(3) Postgraduate Scholarship Committee. The Presidents Council considered a committee recommendation that part-time enrollment be included in the policies of the Postgraduate Scholarship Program, commencing with the 1999-00 academic year.

It was voted that the Presidents Council approve the committee's recommendation.

(4) Championships Committee.

(a) Women's Golf Championship Field Size. The Presidents Council considered a committee recommendation to increase the field size for the women's golf championship to 48 participants.

It was voted that the Presidents Council approve the committee's recommendation.

(b) Women's Gymnastics Chair. The Presidents Council considered a Women's Gymnastics Committee re-request to extend the term of Pat Panichas on the women's gymnastics committee. The Presidents Council noted that the Management Council recommended that this term not be extended since Division II has consistently denied such requests in the past.

It was voted that the Presidents Council not extend Ms. Panichas's term.

(c) Treatment of Independent Institutions in the Enhancement Fund. The Presidents Council considered a committee recommendation to approve a policy that independent institutions will collectively receive an amount equal to the smallest conference distribution in the third prong of the new Division II enhancement fund distribution formula.

It was voted that the Presidents Council approve the committee's recommendation.

(d) Treatment of Men's and Women's Conference Championships in the Enhancement Fund. The Presidents Council considered a committee recommendation to approve a policy that one unit will be awarded for each men's and women's championship sponsored by a conference (as long as the minimum requirements are met) to determine the conference's share in the third prong of the new Division II enhancement fund distribution formula.

It was voted that the Presidents Council approve the committee's recommendation.

(e) Treatment of Emerging Sports for Women in the Enhancement Fund. The Presidents Council considered a recommendation by the committee that only those sports where there is a National Collegiate or Division II Championship will be counted in the third prong of the new Division II enhancement fund distribution formula.

It was voted that the Presidents Council approve the committee's recommendation.

(f) Revision of 18.2.4.2.1. The Presidents Council reviewed the Management Council's action to not recommend to the Presidents Council that legislation be sponsored to amend Bylaw 18.2.4.2.1, as recommended by the committee. The Management Council noted concerns about taking this action because it would reduce the time period sports must meet minimum sponsorship numbers and, thus, the new requirements would not provide enough time for a sport to demonstrate stability before a national championship is established.

It was voted that the Presidents Council sponsor legislation to revise Bylaw 18.2.4.2.1, which would reduce from two years to one year the period that minimum sponsorship numbers must exist to establish a women's championship.

[Note: The Presidents Council agreed to take this action noting that this is a priority that has been endorsed by the Executive Committee as part of the NCAA Gender and Ethnic Diversity Audit.]

The Presidents Council noted that with the agreement to amend Bylaw 18.2.4.2.1, the Presidents Council would also sponsor legislation to establish a National Collegiate Women's Ice Hockey Championship, Women's Ice Hockey Committee, a National Collegiate Women's Water Polo Championship and Women's Water Polo Committee, effective with the 2000-01 academic year.

(5) Legislation Committee.

(a) Deregulation Calendar. The Presidents Council considered a recommendation from the committee to change the legislation deregulation calendar so that the summit to discuss Bylaw 14 would occur in July 2001, with legislation to amend this bylaw considered at the 2003 NCAA Convention. Further, the summit to discuss Bylaws 12 and 16 would occur in July 2002, with legislation to amend these bylaws considered at the 2004 NCAA Convention.

It was voted that the Presidents Council approve the committee's recommendations.

(b) Bylaw 15 Deregulation. The Presidents Council considered a recommendation from the committee to fund the expenses for two Division II financial aid directors to attend the Legislation Committeeís November 1999 meeting to discuss Bylaw 15 (Financial Aid) deregulation.

It was voted that the Presidents Council approve the committee's recommendation.

(6) Membership Committee.

(a) Educational Assessment Program Revisions. The Presidents Council considered a committee recommendation to revise the Division II Educational Assessment Program for provisional members as follows:

i. Revise the program so that the "presidential visit" that is required in year one is conducted as an "orientation meeting" at a central site (as was done in 1998) and permanently eliminate the concept of Presidents Council representatives scheduling campus visits to provisional member institutions.

ii. Revise the program so that attendance at the NCAA Convention in year one is required for faculty athletics representatives as opposed to recommended.

iii. Revise the program so that the "compliance notebook" and "self-evaluation rules-awareness" are distributed and reviewed in January of year two as opposed to October.

iv. Revise the program so that a rationale/introduction statement is incorporated into the program that emphasizes the roles and responsibilities of the faculty athletics representative, senior woman administrator and "compliance team" in the four-year provisional-member educational program.

It was voted that the Presidents Council approve the committee's recommendations.

(b) Active Member Recommendations. The Presidents Council considered a committee recommendation to grant Anderson College (South Carolina) and Oklahoma Panhandle State University active membership effective September 1, 1999.

It was voted that the Presidents Council approve the committee's recommendation.

(c) Provisional Member Recommendations. The Presidents Council considered committee recommendations to:

i. Move the University of Findlay to year three of the three-year provisional membership period, effective September 1, 1999.

ii. Move Benedict College; Bloomfield College; Caldwell College; Concordia University, St. Paul; Converse College; Dallas Baptist University; Dominican College (New York); Felician College; Georgian Court College; University of Minnesota, Crookston; Northwest Nazarene College; Nova Southeastern University; Nyack College; Ohio Valley College; University of Puerto Rico, Bayamon; University of Puerto Rico, Cayey; University of Puerto Rico, Humacao; University of Puerto Rico, Mayaguez; University of Puerto Rico, Rio Piedras; Roberts Wesleyan College; Spelman College; St. Thomas Aquinas College (New York); Teikyo Post College; Tiffin University; and Western Oregon University to year two of the four-year provisional membership period.

iii. Credit Seattle University for one year of the four-year provisional membership period so that the institution is eligible for membership in the 2002-03 academic year. As a condition of transfer the institution must complete a Division II institutional self-study guide prior to the completion of the 1999-00 academic year and that the institution's chief executive officer attend the fall orientation session for chief executive officers of provisional member institutions in year one of the four-year provisional membership period.

iv. Accept the application of the following institutions for Division II provisional membership: Goldey Beacom College, Green Mountain College, Holy Family College, Houghton College, North Greenville College, University of the Sciences in Philadelphia, University of Virginia's College at Wise, and Wilmington College (Delaware).

It was voted that the Presidents Council approve the committee's recommendations.

[Note: The Presidents Council reviewed and approved waivers of the requirement that mandates chief executive officers of provisional institutions to attend the NCAA Convention during year one of the four-year provisional membership period for Caldwell College, Georgian Court College and Roberts Wesleyan College. The Membership Committee has been asked to recommend whether chief executive officers should be required to attend the NCAA Convention in year two if they are unable to attend in year one.]

(d) Issues Related to Active Member Education. The Presidents Council considered two recommendations from the committee: (1) that the staff establish and enhance Division II conference compliance mini-seminars and that it contact the Division II Collegiate Commissioners Associations (CCA) to present the concept of the mini-seminars at the CCA's November 1999 meeting; and (2) that a project team be established to assist the NCAA membership services staff to revise and update the materials and process used to conduct compliance reviews for Division II institutions.

It was voted that the Presidents Council approve the committee's recommendations.

(7) Nominating Committee.

(a) Division II Committee Appointments. The Presidents Council considered a committee recommendation to ratify the appointment of David C. Brooks, faculty athletics representative, West Liberty State College, to the Academic Requirements Committee, and Ralph W. McFillen, commissioner, Mid-America Intercollegiate Athletics Association, to the Nominating Committee.

It was voted that the Presidents Council ratify these committee appointments.

(b) Division II Committee Reappointments. The Presidents Council considered a committee recommendation that Hindman Wall (University of Tampa) be reappointed to the Division II Championships Committee.

It was voted that the Presidents Council approve this reappointment.

(8) Student-Athlete Advisory Committee.

(a) Committee Appointments. The Presidents Council considered a committee recommendation to ratify the committee appointments as set forth in Supplement No. 3, Attachment K, of the Presidents Council's August 5 Agenda and Meeting Materials, with the exception of the Central Intercollegiate Athletic Association nomination that will be addressed at a later date.

It was voted that the Presidents Council ratify these committee appointments.

(b) Deregulation Proposals. The Presidents Council considered a recommendation from the committee not to sponsor legislation to deregulate Bylaws 13.1.3.1 (Telephone Calls) and 13.1.7.2.1 (Letter of Intent).

It was voted that the Presidents Council approve the committee's recommendation.

c. NCAA Convention and Legislation.

(1) Proposed Legislation that the Presidents Council has already agreed to sponsor for the 2000 NCAA Convention. The Presidents Council reviewed in legislative form 33 proposals and considered recommendations from the Management Council to take the following actions:

(a) That sponsorship of 2000 NCAA Convention Proposal No. 14 (Incidental Benefits -- Postgame Meal) be reconsidered and not sponsored by the Presidents Council since the Management Council questions whether it is necessary to identify a specific dollar amount of a typical postgame meal or snack.

(b) That 2000 Convention Proposal No. 16 (Permissible Benefits -- NCAA Research Studies) be approved by the Presidents Council as noncontroversial legislation per NCAA Constitution 5.3.1.1.1 instead of sending the issue to the membership for a vote at the Convention.

(c) That 2000 Convention Proposal No. 17 (Incidental-Expense Waivers) be approved by the Presidents Council as noncontroversial legislation per Constitution 5.3.1.1.1 instead of sending the issue to the membership for a vote at the Convention.

(d) That the elimination of legislation as set forth in 2000 Convention Proposal No. 29 (Recruiting -- Unofficial Visit Entertainment) be done through editorial revisions in next year's Division II Manual instead of sending the issue to the membership for a vote at the 2000 Convention.

i. It was voted that the Presidents Council approve the Management Council's recommendations regarding Proposal No. 14 (Incidental Benefits -- Postgame Meal), No.16 (Permissible Benefits -- NCAA Research Studies), No. 17 (Incidental-Expense Waivers), and No. 29 (Recruiting -- Unofficial Visit Entertainment).

ii. It was voted that the Presidents Council withdraw sponsorship of Proposal No. 18 (Weekly/Hour Limitations -- Skill Instruction -- Division II Football) and No. 19 (Playing and Practice Seasons -- Skill Instruction -- Division II).

iii. It was voted that the Presidents Council approve the form of the remaining legislative proposals for the 2000 Convention as presented.

(2) Proposed Legislation Submitted by the Division II Membership for the 2000 NCAA Convention. The Presidents Council reviewed five legislative proposals submitted and sponsored by the Division II membership and, as required by Constitution 5.3.8, agreed to refer Proposal No. 1 to the Legislation Committee and Proposals Nos. 2-5 to the Championships Committee for review.

(3) Proposed Legislation for Possible Presidents Council Sponsorship for the 2000 NCAA Convention. The Presidents Council considered recommendations from the Management Council to sponsor legislation for the 2000 Convention to modify the following NCAA Bylaws

(a) Discontinued Academic Program Exception. The Management Council approved a recommendation from the Student-Athlete Reinstatement Committee that it sponsor legislation to modify Bylaw 14.5.5.3.4 to allow the certifying institution to grant a discontinued academic program exception rather than submitting the waiver request for the NCAA staff to review.

(b) Season of Competition Waiver. The Management Council approved a recommendation from the Student-Athlete Reinstatement Committee that legislation be sponsored to amend NCAA Bylaw 14.2.7 to permit a student-athlete to regain a season of competition when a coaching staff member carelessly costs the student-athlete a season of competition by putting him or her into a contest when the staff member is uncertain of the student-athlete's eligibility status and the student-athlete is subsequently determined to be ineligible for competition.

(c) De Minimis Legislative Proposals. The Management Council approved a Student-Athlete Reinstatement Committee recommendation that the following de minimis legislation be sponsored:

i. 13.3.1.2 Report Distribution.

ii. 13.6.3 Transportation on Unofficial Visit.

(d) Proposed Legislative Change to Bylaw 14.3.1.3. The Management Council approved a request from the Core-Course Review Committee and the Division II Academic Requirements Committee that Bylaw 14.3.1.3, which contains the current definition of an NCAA core course, be deleted and replaced with new language.

(e) Proposed Legislative Change to Bylaw 14.3.1.3.2. The Management Council approved a request from the Core-Course Review Committee and the Division II Academic Requirements Committee that Bylaw 14.3.1.3.2, which prohibits the use of correspondence and independent study courses to meet the core-curriculum requirements, be deleted and replaced with language that would permit independent study, correspondence, Internet-based and distance learning courses that satisfy specified criteria to be used to meet the core-curriculum requirement.

(f) Foreign-Student Records Consultants. The Management Council approved a recommendation from the Academic Requirements Committee that legislation be adopted that creates a Foreign-Student Records Committee, a common committee, with reporting lines to the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues and the Division II Academic Requirements Committee.

(g) Emergency Legislation. The Management Council approved a recommendation from the Academic Requirements Committee that legislation be sponsored to establish authority for the Presidents Council to adopt temporary emergency legislation so that the division may respond immediately to court orders and/or litigation involving the NCAA. The committee recommends that the following legislative language be considered:

"The Division II Presidents Council has authority to adopt emergency legislation in situations when the NCAA must respond to, or comply with, a court, alternative dispute resolution (ADR) or government order or when the Presidents Council deems it appropriate to limit or avoid NCAA liability as a result of litigation, ADR, or governmental proceedings. Such legislation requires a three-fourths majority of the Presidents Council members present and voting. Emergency legislation will be effective immediately and must be ratified by the Division II membership at the next regularly scheduled NCAA Convention."

(h) Bylaw 20.10.4.3.4. The Management Council approved a Membership Committee recommendation that legislation be sponsored to eliminate Bylaw 20.10.4.3.4 (Geographical Waiver -- Division II Football). The Management Council agreed that the geographical waiver of the 50 percent scheduling requirement in the sport of football should be eliminated inasmuch as such a waiver in Division II should not be contingent upon the amount of athletically related aid an institution awards in football or the number of institutions granting minimal aid that are located in close proximity to the institution.

(i) Scheduling Waiver Opportunities. The Management Council approved a recommendation from the Membership Committee to establish submission deadlines for waiver opportunities regarding the 50 percent scheduling requirement in football and men's and women's basketball. The committee recommended sponsorship of legislation to modify the scheduling waiver opportunities in Bylaw 20 so that a submission deadline of June 15 following the academic year for which the waiver is needed is incorporated into each of the waiver provisions.

(j) Composition of the Division II Student-Athlete Advisory Committee. The Management Council approved a Student-Athlete Advisory Committee recommendation to modify Bylaw 21.7.6.8.1 so that a Division II conference may permit a representative to complete his or her term after the individual has left undergraduate or graduate school at a Division II institution in the conference, provided such service does not extend the individual's term, as set forth in the individual's original appointment.

(k) Association-wide Marketing Committee. The Management Council agreed to recommend that a new Association-wide committee be established to have broad oversight responsibilities and policy-making authority for the NCAA and all three divisions in the areas of marketing, licensing and promotions.

It was voted that the Presidents Council agree to sponsor legislation at the 2000 Convention for all of these recommendations except Item (j) (Composition of the Division II Student-Athlete Advisory Committee).

[Note: Subsequent to this meeting, the Division II Administrative Committee agreed to pull sponsorship of Item (k) (Association-wide Marketing Committee). The Executive Committee requested this action because it believes that oversight of these issues are a staff function, and a committee may not be necessary at this time.]

d. Baseball Bats. The Presidents Council reviewed the June 28, 1999, report from the NCAA Baseball Research Panel and agreed to recommend that the Executive Committee renew and update indemnification agreements for the upcoming year with baseball bat manufactures.

4. Division II Initial-Eligibility Standards. The Presidents Council reviewed a report on initial-eligibility models being studied by the Division II Academic Requirements Committee. No formal action was taken.

5. Reports from Division II Committees/Project Teams that Report to both the Management Council and Presidents Council.

a. Administrative Committee Minutes. The Presidents Council reviewed the minutes of the Administrative Committee's April 7 (Conference No. 2) and May 5 (Conference No. 3) telephone conferences.

It was voted that the Presidents Council approve the Administrative Committee minutes as distributed.

b. Budget and Finance Committee.

(1) Budget. The Presidents Council reviewed the proposed 1999-00 Division II budget, including the new initiative from the Championships Committee for an additional $7,000 to expand the Division II Women's Golf Championships field and the Division II Women's Golf Championships Committee.

It was voted that the Presidents Council approve the budget as proposed.

(2) Budget Guidelines and Principles. The Presidents Council reviewed the Division II budget guidelines and principles.

It was voted that the Presidents Council approve the updated budget guidelines and principles with minor editorial revisions.

c. Strategic Planning Project Team. The Presidents Council reviewed the third draft of the division's strategic plan without taking any formal action.

d. Project Team to Review Issues Related to Diversity. The Presidents Council reviewed the implementation and promotional plans for the Strategic Alliance Matching Grant Enhancement Program.

It was voted that the Presidents Council approve the implementation and promotional plans as recommended by the project team.

e. Convention Planning Project Team. The Presidents Council reviewed the proposed schedules and agendas for the 2000 NCAA Convention.

It was voted that the Presidents Council approve the schedules and agendas for the 2000 NCAA Convention with slight editorial modifications.

f. Amateurism Project Team. The Presidents Council reviewed a request from the project team to extend its term until the January 2001 NCAA Convention.

It was voted that the Presidents Council extend the project team's work until January 2001.

6. Meeting Schedules for Division II Committees. The Presidents Council considered a waiver request of the meeting frequency requirement from the Division II Championships Committee, the Division II Legislation Committee, the Division II Membership Committee and the Division II Student-Athlete Advisory Committee for a third in-person meeting in 1999-00.

It was voted that the Presidents Council approve the waiver request to allow these committees to meet three times in person during the 1999-00 academic year.

7. Association-Wide Vote at the 2000 NCAA Convention on Proposed Modifications to Constitution 2.6 (Principle of Nondiscrimination). The Presidents Council received an update concerning the logistics of an Association-wide vote during the 2000 Convention.

8. Report of the Ad Hoc Committee to Review Issues Related to Gender and Ethnicity. The Presidents Council reviewed the report of the ad hoc committee without taking any formal action.

9. Management Council/Student-Athlete Advisory Committee Summit. The Presidents Council received an update from Marvalene Hughes regarding the 1999 Management Council/Student-Athlete Advisory Committee Summit held in Hilton Head, South Carolina, in July.

10. Legal Issues. Elsa Kircher Cole, NCAA general counsel, provided an update on various legal issues impacting the association. The Presidents Council took no formal action.

11. Report from the Division II Chief of Staff. Mike Racy, chief of staff for Division II, informed the Presidents Council of the new initiatives taken by the Division II governance staff.