SAN DIEGO -- As legislation that could change the culture of basketball in Division I nears consideration in April, the Division I Board of Directors made preparations during its January 11 meeting to help ensure that whatever proposals come to the table are in the spirit of meaningful reform and are in the best interests of the Association.

The basketball issues package, which is a compilation of recommendations developed by the Division I Working Group to Study Basketball Issues and several alternative propo- sals developed by various Division I conferences, received a great deal of attention during the Convention, having been discussed by both the Board and the Council, as well as having been a primary discussion topic at the Division I forum January 10 (see story, page 1).

The Board, which established the Division I working group in 1998 because it believed there was a need for significant reform in men's and women's basketball, is the Division I body that will have final say over whatever recommendations emerge after the Management Council considers the proposals at its next legislative meeting April 10-11 in Indianapolis.

Because of the importance of the issues and the potential impact that the legislation may have upon shaping the future of the sport, the Board determined that a small group of Board and Management Council members that should review the package in March, which will allow the Council to receive presidential input before it makes its final recommendations to the Board. The Board also is encouraging conferences and other NCAA groups to give the package the attention it deserves during the comment period to ensure that the Association reaches as much of a consensus as possible on the various proposals.

"The Board has made it clear that the issue of basketball reform began as a presidential initiative, and that presidents are prepared to make their final decisions based upon what they believe is in the best interests of the Association," said Graham B. Spanier, chair of the Board and president at Pennsylvania State University. "Presidents took the lead on this issue two years ago, and it's important for the membership to know that presidents will be the ones who make the final decisions as well. Given that, however, we still want as much input as possible from member schools, conferences and other groups. The time for that kind of deliberation is now."

The Board approved the substance of the working group's report last summer, after which it was distributed throughout the Division I governance structure for proposed legislation to be developed.

A package of the working group's original recommendations as well as several alternative proposals from various conferences was approved by the Management Council in October for the purpose of distribution to the Division I membership, but without the Council showing support or lack of support on the package as a whole or on any individual proposal. At that time, the Council also agreed that Division I conferences would have until mid-December to submit additional alternative proposals to be reviewed in January.

The Council, which met January 7-8 in conjunction with the Convention, approved those proposals for the purpose of initiating the comment period, once again without taking a position.

The Council will review the entire package once again at its April legislative meeting and forward final recommendations to the Board, which could adopt proposals that would affect the sport of basketball as early as the 2000-01 season.

Other Board actions

The Board also addressed several other issues in addition to basketball, including a review of the status of the Association's initial-eligibility rules.

The Board noted the decision rendered by the U.S. Circuit Court of Appeals for the 3rd Circuit in December, which reversed the decision of a federal district court in Cureton v. NCAA, a case involving the NCAA's initial-eligibility rules and other jurisdictional issues.

The reversal rejected the plaintiffs' arguments that receipt of federal funds by the National Youth Sports Program subjects all of the NCAA's programs to Title VI scrutiny and that member schools, which are recipients of federal funds, ceded control of their athletics programs to the Association.

Though the ruling assured that the Association's current initial-eligibility rules (Proposition 16) remain in place, the Board agreed to continue its review of initial-eligibility standards, including the test-score cutoff, though it noted that no changes would be made to the rules until the matter has been settled in the courts.

The plaintiffs in the case have notified the NCAA of their intent to seek an en banc review of the decision by the 3rd Circuit.

The Board also heard an update from a group of consultants that has been studying possible revisions to the Association's current initial-eligibility rules, but Spanier said that the Board wants the matter to play out in court before acting on any of the consultants' recommendations.

"We'll continue studying the issue while we're waiting for all of the matters on the table to be resolved in the courts," Spanier said. "We should expect the same rule for next fall's entering freshman class as we have now."

The Board also took its first look at recommended allocations from the 2000-01 Division I budget. Those recommendations, submitted by the Division I Budget Subcommittee, include proposals on how to distribute the Division I share of the $40 million bonus payment received as part of the new television rights agreement with CBS Sports.

The Board approved a proposal that would distribute $10 million of the $30 million allocated to Division I as a supplemental distribution in the first quarter of 2000.

Those allocations would be based upon the distribution formula used to assess institutions for the restricted-earnings case judgement.

The other $20 million will be added to the normal distribution schedule for 1999-00 (April to August 2000).

Council actions

The Management Council during its meeting tackled a light legislative agenda due to the new Division I legislative calendar approved last summer that provides for the Council to consider legislation twice annually (October and April) and allows the Council to review only emergency, noncontroversial legislation at its January and July meetings.

Several pieces of emergency, noncontroversial legislation were approved by the Council at this meeting, three of which regard core-course requirements for initial eligibility.

The three proposals are designed to be consistent with current trends in the secondary education reform movement.

The proposals, No. 99-46, No. 99-47 and No. 99-48 had been initially approved by the Council. However, the Council agreed that the proposals should be reviewed again in January for possible adoption because of concerns that April adoption would not allow adequate notification to high schools of the new standards. The proposals will become effective August 1, 2000 (for those student-athletes first entering a college on or after August 1, 2000).

In another noncontroversial legislative action, the Council agreed that previous members of the committee who have served the maximum nine years should be able to serve as the recently approved Committee on Infractions coordinator of appeals.

Several other legislative items were considered and tabled by the Council because they were not emergency legislation. Included in that package was a recommendation from the Committee on Financial Aid to defeat Proposal No. 99-81 regarding institutions being able to provide financial aid to student-athletes covering the actual cost of required course-related supplies and a proposal to expand the NYSP Committee.

The Council will consider those and other tabled proposals at its next legislative meeting in April.

Other highlights -- Management Council

Division I Management Council
January 7-8/San Diego

Approved for the purposes of soliciting comments from conferences a draft of recommendations from the Council's Subcommittee to Review Automatic-Qualification Requirements. The recommendations concern eligibility rules for automatic qualification, including definitions of what constitutes a "core" institution and terms for conferences to establish "continuity" to be considered eligible for automatic qualification. Because the automatic-qualification provisions are set forth in Bylaw 31 (and do not require a 60-day comment period for changes), final action can be taken regarding the legislative proposals in April by both the Council and the Board of Directors.

Appointed a subcommittee that will review NCAA legislation related to potential antitrust challenges and make any recommendations to the full Management Council regarding the appropriate course of action, including any necessary referrals.

Reaffirmed its support that the Association should reimburse transportation expenses for teams participating in preliminary (play-in) games of NCAA team championships.

Noted the Board's request that it be advised of any legislative proposals or policy approved by the Council that have a financial or legal impact on the Association or institutions, whether the proposal has an effect on the length of the playing season or increase the burden on student-athletes.

Tabled a proposal that would allow for the Committee on Infractions to impose financial penalties in cases involving major violations.

Noted no objection to proposed changes to the Division I Administrative Review Subcommittee's policies and procedures that would clearly articulate the reconsideration process and cease all review of hardship waiver cases, but tabled action on accompanying legislative proposals until the Management Council's next legislative meeting in April.

Referred to the Council's Membership Subcommittee two applications for new single-sport conferences, one the Midland Tennis Conference and the other the Atlantic Soccer Conference.

Other highlights -- Board of Directors

Division I Board of Directors
January 11/San Diego

Approved emergency, noncontroversial legislation further specifying the role of the NCAA president in overseeing and administering the Association's marketing, licensing, promotions and public affairs initiatives, as well as the president's role in awarding and enforcing contracts for marketing, licensing and promotional rights on behalf of the Association.

Heard an update from the NCAA federal relations staff, including a report on legislation expected to be proposed in the U.S. Senate by the end of January that would prohibit gambling on high-school, college and Olympic sporting events in every state.

The Division I-AA members of the Board approved Proposal No. 2000-02 as emergency, noncontroversial legislation that would establish parameters for a preseason exempted contest in Division I-AA football.

Asked the NCAA membership services staff to prepare for the Board's April meeting an initial-eligibility waiver protocol document that would outline ways to liberalize the process.