The NCAA News - News and Features

The NCAA News -- October 11, 1999

Governmental affairs report

The following is a report of federal activities from September 6 through October 1 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

Department of Education responds to questions raised concerning the coordination of 1999 submission of EADA data.

At a September 23 meeting with members of the higher education community, the U.S. Department of Education indicated that it still did not know where this year's EADA forms should be sent. The forms from all the nation's coeducational institutions with athletics programs are due to be submitted to the Department October 30. This is the first year that campuses are required to provide a copy of their EADA forms to the Department. In previous years, an institution was required only to provide a copy of the report to the public upon request by October 15. On September 30, the Department let the NCAA know that for this year, institutions would be required to meet the October 15 public-disclosure requirement, but would not be required to submit their document to the Department by October 30. In order to meet required federal government paper-reduction procedures, the Department needs more time to internally clear the EADA reporting process through the appropriate channels. The Department is expected to announce that forms will not be due to be reported until after the first of the year.

The Department has confirmed that it will accept the NCAA's gender-equity form from all NCAA member institutions in either paper or electronic format to satisfy the federal reporting requirement. The NCAA will notify institutions where the form is to be sent as soon as the Department provides the information.

EADA proposed rules published -- NCAA provides comments.

On September 15, the NCAA submitted comments on the U.S. Department of Education's proposed rules regarding compliance with the EADA. The proposed rules were published in the Federal Register on August 10, 1999. The new rules implement changes made to the EADA by amendments contained in the Higher Education Act of 1998. The public was given until September 15 to comment on the Department's recommended guidance.

Prior to publication of the proposed rules, the NCAA had an opportunity to work with the Department and other higher education associations in developing the proposals. As part of that process, the NCAA submitted recommendations that were ultimately incorporated into the proposed rule as published. The recommendations the NCAA submitted at that time were intended to clarify reporting questions that had been identified by the NCAA research staff (based on input from the NCAA membership) and to make the EADA federal methods more comparable with NCAA gender-equity data collection.

The formal comments, submitted to the Department on September 15, addressed a few outstanding questions and comments voiced by the membership at the NCAA's EADA workshop last May. The Department is expected to publish the final rule by early December.

House Education and the Workforce Committee removes Gender Enhancement Programs from Elementary and Secondary Education Bill -- American Association of University Women leads opposition.

The gender-equity provisions, currently part of the federal K-12 education programs, would be eliminated in the Elementary and Secondary Education Act (ESEA) reauthorization currently under consideration in the U.S. House of Representatives, according to a committee representative. As a result, the Women's Educational Equity Act (WEEA) and any new language from the Educating America's Girls Act of 1999 (HR 2505), requiring gender-equity reporting of girls' athletics participation in high school, would not be included in the next ESEA bill. Earlier this year, during consideration of the Teacher Empowerment Act (HR 1995), the House eliminated gender-equity provisions from teacher training programs as well.

As consideration of the House ESEA bill draws near, the American Association of University Women has drafted a letter to be sent to all members of the House Education and the Workforce Committee opposing the elimination of these programs.

Higher education issues

Family Education Rights and Privacy Act

On September 27, LeRoy Rooker, director of the U.S. Department of Education's Office of Family Policy Compliance, responded to a request made by the NCAA to review three new proposed waivers. The waivers, to be signed by student-athletes and their parents, address the disclosure of NCAA-related information. In August, the NCAA submitted a letter to the Department asking for a review of the proposed student waiver forms that would, if approved, protect the NCAA from noncompliance with the Family Education Records Privacy Act (FERPA). Specifically, the proposed waivers would apply in circumstances when information released by the NCAA was inadvertently traced back to a particular student-athlete or when the NCAA clarifies inaccurate information reported in the public domain.

In January 1999, the Department notified the NCAA that the practice of naming a specific institution when a sanction is imposed may be in violation of FERPA. The Department indicated that by naming the institution, an average person may be able to identify a specific student involved. At that time, Rooker recommended that the NCAA develop new student release forms would allow the NCAA to continue its current practice of naming institutions without concern that information included in a release or press statement would violate FERPA. Since FERPA prohibits the release of any information that could be part of a student's education record or information that is "easily traceable" to a particular student, the Department's view is that the NCAA could be in violation of the law. In addition, FERPA restricts the NCAA from responding to information (for example, in an initial-eligibility matter) that is in the public domain and is being inaccurately portrayed. The Department suggested that a waiver be devised to address this problem as well.

In March, the Department provided the NCAA with sample waivers to consider. The NCAA made modifications to the proposed language in response to internal feedback. The proposed waivers were sent back to the Department for review prior to forwarding them to the respective NCAA governance bodies for consideration in October.

Student Right-to-Know Act.

1999 Division I, and II and III graduation-rates books sent to U.S. Department of Education, members of Congress, and presidents of the Washington Higher Education Secretariat.

The NCAA federal relations office has completed the process of distributing the Division I, II and III graduation-rates books to the U.S. Department of Education, members of Congress, key staff members and higher education leaders. The books are provided as a courtesy to these organizations. Federal law permits the NCAA to send the books to every high school in the country to satisfy the Student Right-to-Know Act's requirement that a prospective student-athlete's coach and guidance counselor be provided a copy of an institution's graduation report at the time an offer of athletics aid is made.

NCAA submits comments to U.S. Department of Education on proposed rules to implement Student Right-to-Know Act.

On September 15, the NCAA submitted comments on the U.S. Department of Education's proposed rules (NPRM) to guide compliance with the Student Right-to-Know Act (SRTK). The proposed rules were published in the Federal Register on August 10, 1999. The new rules will implement changes made to the SRTK by amendments included in the Higher Education Act of 1998 and address some concerns with the current SRTK rules. The public was given until September 15 to comment on the Department's recommended guidance.

Prior to publication, the NCAA worked with the Department and other higher education associations in developing the proposed rules. The NCAA over the past few years has shared a successful partnership with the Department, which has provided graduation-rates data of NCAA member institutions to the NCAA. The Department collects the data from institutions as part of a larger data-gathering effort, in a format consistent with the NCAA's methodology, and then forwards it to the NCAA. This not only eases the reporting burden of institutions; it leads to a body of data that is consistent among both groups. The cooperative relationship has led to the resolution of many of the problems the NCAA had experienced earlier.

Although the Department's proposed rules for SRTK were largely acceptable to the NCAA, the published NPRM did include some unanticipated proposed changes to the current methodology being used by the Department and the NCAA. In addition, the proposed rules raised questions as to whether the data could be transmitted via the Internet or other technology in the future. The NCAA's comments addressed both issues.

Final rules are expected by early December.

NCAA to Work with U.S. Department of Education on "Campus Week of Dialogue."

The NCAA will be working with the U.S. Department of Education to promote the "Campus Week of Dialogue" initiative scheduled for the week of October 4. The purpose of the program is to encourage college and university campuses across the nation to create opportunities for meaningful discussion on removing racially motivated barriers and to improve race relations among students, faculty and the community.

The NCAA's support for the program will include: an NCAA News article to help publicize the "Campus Week of Dialogue" and to encourage member institutions to participate; provide Minority Interests and Opportunities Committee assistance with institutional campus dialogue planning; and enlist the Citizenship Through Sports Alliance for support of this initiative.

House and Senate provide increase for Pell Grant maximum award in fiscal year 2000.

On September 23, the House Labor/HHS/Education Appropriations Subcommittee considered the fiscal year 2000 funding bill, making allocations for all programs under the subcommittee's jurisdiction. Although the total spending level for all programs fell below last year's level, the subcommittee provided an increase in the Pell Grant maximum award to aid the nation's neediest college students. The House increased the Pell Grant by $150, bringing it to $3,275.

On September 27, the Senate Labor/HHS/Education Subcommittee considered their fiscal year 2000 funding bill. The Senate provided an even greater increase for the Pell Grant program, increasing the maximum grant by $200 to $3,325 for students with the greatest need. Overall, the Senate gave a generous boost to education funding, surpassing the House and the President's requests.

A three-week continuing resolution will provide temporary funding for federal spending until the various appropriations bills make it through the full legislative cycle.

Gambling issues

Sen. Kyl's Internet Gambling Prohibition Bill nearly ready for Senate floor consideration.

Sen. Jon L. Kyl, R-Arizona, is hoping to put the finishing touches on his legislation, S 692, in preparation for consideration on the Senate floor. In June, the Senate Judiciary Committee voted in favor of the legislation, 16-1. S 692 prohibits a person engaged in a gambling business from using the Internet to make a bet or wager or to send or obtain information used to make a bet or wager. Last year, the Senate voted, 90-10, in favor of similar legislation introduced by Kyl. The 105th Congress ended before the legislation moved through the House.

Kyl has been working with several interest groups in hopes of resolving their concerns over language contained in previous drafts of the bill. Many of the issues have been resolved and the hope is that S 692 will be considered on the Senate floor before the Senate adjourns later this fall.

In the House, Rep. Bob Goodlatte, R-Virginia, is expected to introduce Internet gambling legislation within the next few weeks. Rep. Bill McCollum, R-Florida, chair of the House Judiciary Subcommittee on Crime, will likely be a co-sponsor.

New study predicts wagering on the Internet could reach $3 billion by 2002, even if banned in the U.S.

In a study prepared by Christiansen Capitol Advisors Inc., it is estimated that wagering on the Internet could reach $3 billion by 2002. This prediction takes into account a possible U.S. ban on Internet gambling. According to the report, the expansion of Internet gambling will be fueled by an increase in the number of people willing to conduct financial transactions over the Web and the spread of branded gambling sites regulated by "first-world" countries, such as Australia.

The report identifies nearly 700 online gambling sites, run by approximately 200 different companies. It concludes that online gambling will grow even faster if widely accepted traditional casino brands, such as Caesars Palace, opened virtual casinos and promoted them. The financial benefits of operating an online casino are significant. According to Christiansen Capital, some Internet casinos have cash flow margins of 80 percent and net income of 60 percent. These kinds of results cannot be achieved by land-based gambling businesses.

NCAA to seek federal legislation to ban all legal betting on amateur and college sports.

The NCAA is in the process of identifying Congressional sponsors of proposed legislation to remove the current "grandfather clause" in the Professional and Amateur Sports Protection Act that allows collegiate sports betting to continue in those states that had laws in place prior to 1992 when the Act was enacted. The NCAA's action follows a recommendation of the National Gambling Impact Study Commission, a federally appointed commission established to examine the effects of gambling on American society. In a report released in June, the Commission called for a total ban on all legal betting on collegiate sports. Several Republicans and Democrats have expressed interest in the proposal and are considering the NCAA's request.

Senate committee report may include language to direct federal agencies to conduct research on youth gambling behavior.

The federal relations office has worked with the Senate Labor/HHS/Education Appropriations Subcommittee to add youth gambling-related research language to the subcommittee's report that will accompany the fiscal year 2000 funding bill. The subcommittee has agreed to direct the Departments of Health and Human Services and Education to add research on youth-gambling behavior to the work being done on existing research at both federal agencies. The subcommittee has indicated that they will try to include the directive in the report.

NCAA explores possibility of adding gambling questions to American Freshman Survey.

On September 7, the federal relations office spoke with the administrator of the American Freshman Survey, a research effort conducted jointly by the American Council on Education and the Higher Education Research Institute at the University of California, Los Angeles. The survey is based on responses from more than 275,000 entering freshman students at nearly 500 two- and four-year institutions and provides a statistical profile of student academic, economic and ethnic backgrounds as well as attitudes on prevailing social issues. In addition, the survey currently asks questions concerning student activities, including cigarette and alcohol use.

The federal relations office has been in discussions with the administrator of the survey to explore the possibility of adding several gambling questions to the survey. There is limited research available on student gambling behavior. The freshman survey would provide the opportunity to obtain student gambling data from a large sampling of young people. This will enable researchers and the university community to gain a better idea of how much exposure students have had to gambling before arriving on campus.

The NCAA has been asked to submit several questions that can be considered for use in the 2000-01 survey. While there was no commitment made to incorporate the questions into the survey, the administrator did express interest.

National Youth Sports Program -- fiscal year 2000 appropriations

House provides NYSP with full $15 million.

On September 23, the House Labor/HHS/ Education Appropriations Subcommittee went forward with the fiscal year 2000 funding bill. Even though overall funding levels were well below last year's allocation, the NYSP was fully funded at the program's $15 million authorization level.

Senate follows House and provides $15 million for NYSP.

On September 26, the Senate Labor/HHS/Education Appropriations Subcommittee considered its fiscal year 2000 funding bill. The Senate provided $15 million for the NYSP. Since the funding allocation is the same in both the House and Senate, the funding will not be subject to negotiation when both bodies meet in conference committee following floor action.

Athlete-agent issues

Wisconsin to introduce athlete-agent bill based on Draft Uniform Athlete Agent Act on October 4 -- NCAA asked to testify and send letter of support.

State Rep. Steve Wieckert, R-57, plans to introduce a bill regulating athlete agents in the Wisconsin State Assembly. Wieckert's legislation is largely based on the latest draft of the Uniform Athlete Agent Act that is being developed by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The NCAA is supporting an effort by the NCCUSL to draft a model uniform athlete-agent bill that will be forwarded to state legislatures in 2001. Wieckert's office has asked the NCAA to endorse the legislation and will probably invite the NCAA to testify at a late-October hearing.

Washington State Legislature repeals existing athlete-agent law.

The governor of Washington has signed legislation that includes the repeal of the existing state athlete-agent law. In 1991, legislation was enacted to regulate athlete agents in the state. The law required athlete agents to register with department of licensing before conducting business as an athlete agent.

In discussions with a department of licensing staff member, the impetus for the repeal came from within the department. It was felt that a federal law would be more appropriate and effective.

The NCAA currently is funding the development of a uniform state athlete-agent law. The model law is expected to be forwarded to states in January 2001.

Alcohol- and performance-enhancing-drug-abuse issues

Senate Commerce Committee expected to hold hearing on drug-testing issues in amateur sport.

The NCAA has met with the Senate Commerce Committee staff to discuss an upcoming hearing on ways to better address the doping problem in amateur sports. Sen. John McCain, R-Arizona, chairman of the Commerce Committee, is expected to conduct a hearing examining the doping problem and ways in which to strengthen drug-testing methods.

Federal Trade Commission issues report on alcohol industry's efforts to avoid promoting alcohol to underage consumers -- report recommends additional measures to curb advertising and industry sponsorships on college campuses.

In September 1999, the Federal Trade Commission (FTC) issued a report at the request of Congress on the effectiveness of the alcohol industry's voluntary guidelines for advertising and marketing to underage audiences. The industry presently seeks to minimize the extent to which underage consumers are exposed to and attracted by alcohol advertising by employing self-regulatory codes.

The FTC report concludes that while current industry codes provide important protections, improvements are needed both in code standards and implementation. The report recommends that the industry strengthen enforcement mechanisms, raise the current standard that permits advertising placement in media where just over 50 percent of the audience is 21 years old, and adopt the best prevailing industry practices.

The report includes an examination of alcohol advertising on college campuses. Company sponsorship of teams and athletics events currently is allowed under the Beer Industry Code, if permitted by the college or university. The report cites a 1997 survey of 300 campuses that revealed 72 percent of the respondents prohibited on-campus alcohol advertising while 62 percent specifically prohibited industry sponsorship of athletics events. The report recommends that the industry follow the lead of some of its members by adopting a number of "best practices," including a "curb on campus and spring break sponsorships and advertising."

Miscellaneous

Rev. Jesse Jackson urges congressional inquiry to address the lack of African-American college head football coaches.

In a letter to the Congressional Black Caucus, Rev. Jesse Jackson urged the Caucus, a group composed of nearly all of the African-American members of Congress, to initiate congressional hearings concerning the lack of African-American college head football coaches. Jackson's letter was part of an effort by Rainbow Sports, a division of Jackson's Rainbow/Push Coalition, to bring this issue to the forefront.

Charles Farrell of Rainbow Sports indicated that if congressional hearings were held, presidents and athletics directors of schools that hired African-American head coaches within the last couple of years would be called for "an explanation of what went into the process."

Sallie Mae announces scholarship contest based on academic and athletics performance of high schools in three cities.

Sallie Mae, a large financial-service company providing for educational loans, account servicing to borrowers, and operational support services to lenders and colleges, is sponsoring the Sallie Mae Cup in the cities of Philadelphia; Kansas City, Missouri; and Washington, D.C. The Sallie Mae Cup will enable all public and private high schools in the three cities to compete for $120,000 in scholarship funds. Funds will be awarded to those high schools whose students-athletes accomplish the most in the classroom and in athletics competition. The winning high schools will be free to award the scholarship funds to those students deem most deserving. The scoring will be determined by a combination of the cumulative academic performance of all participating varsity team members and the winning percentages of the school's top eight teams. Sallie Mae has secured Danny Manning, Mia Hamm, Malik Rose and Dawn Staley as spokespersons for the program.