NCAA Bylaws 30 and 31: Pursuant to NCAA Constitution 4.6.2-(c), revisions to administrative regulations may be recommended by the Division II Management Council, subject to ratification by the Division II Presidents Council. Following Presidents Council approval, the revisions will be published in The NCAA News.

The items marked with an asterisk have been approved by the Management Council and Presidents Council in concept, but have not yet been approved in legislative form. Other items have previously been approved in legislative form. The page number in the proposals refer to the 2000-2001 NCAA Division II Manual.

Bold type indicates new wording; italicized type indicates wording removed.

*No. 1 All-Star Contests -- Football and Basketball

Intent: To eliminate legislation prohibiting the use of a member institution's facilities for college all-star football and basketball contests.

Bylaws: Amend 30.2.2, pages 300-301, as follows:

"30.2.2 College Football and Basketball. A member institution is prohibited from allowing its facilities to be utilized for any college all-star football or basketball contest unless the contest is certified as meeting the requirements specified below. (See 11.1.6 for regulations governing the involvement of athletics department staff members in all-star football or basketball contests that are not certified.)"

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 2 Drug-Testing Consent Form -- Procedures

Intent: To clarify the procedures used in the administration of the drug testing consent form and to specify that failure to follow such procedures shall not affect a student-athlete's eligibility but shall be an institutional violation.

Bylaws: Amend 30.5, page 303, as follows:

"30.5 Drug-Testing Consent Form

The following procedures shall be used in administering the drug-testing consent form required in 14.1.4 (see also 3.2.4.6):

"(a) The consent form shall be administered individually to each student-athlete by the director of athletics or the director of athletics' designee each academic year, and;

"(b) The director of athletics or the director of athletics' designee shall disseminate the list of banned drug classes to all student-athletes and educate them about products that might contain banned drugs. All student-athletes are to be notified that the list may change during the academic year, that updates may be found on the NCAA Web site (i.e., www.ncaa.org) and are to be informed of the appropriate athletics department procedures for disseminating updates to the list, and

"(bc) The statement consent forms shall be kept on file by the director of athletics and shall be available for examination upon request by an authorized representative of the NCAA.

"30.5.1 Effect of Violations. Violations of the procedure set forth in this Bylaw 30.5 shall be considered an institutional violation per 2.8.1; however, the violation shall not affect the student-athlete's eligibility."

Source: NCAA Division II Presidents Council [Management Council (Committee on Competitive Safeguards and the Medical Aspects on Sport)].

Effective date: Immediately.*

*No. 3 10-Semester Rule Waiver -- Criteria

Intent: To clarify eligibility for the 10-semester rule waiver.

Bylaws: Amend 30.6.1, page 303, as follows:

"30.6.1 Waiver Criteria. A waiver of the five-year/10-semester period of eligibility is designed to provide a student-athlete with the opportunity to participate in four seasons of intercollegiate competition within a five-year period. This waiver may be granted, based upon objective evidence, for reasons that are beyond the control of the student-athlete or the institution, which deprive the student-athlete of the opportunity to participate for more than one season in his/her sport within the five-year or 10-semester period. The Student-Athlete Reinstatement Committee reserves the right to review requests that do not meet the more-than-one-year criteria detailed in this bylaw for circumstances of extraordinary circumstances or extreme hardship."

Source: NCAA Division II Presidents Council [Management Council (Student-Athlete Reinstatement Committee)].

Effective date: Immediately.*

*No. 4 Exempted Contests -- Administrative Requirements

Intent: To specify that contests which are exempted in accordance with provisions of Bylaw 17 provide proof of insurance and indemnication.

Bylaws: Amend 30 by adding new 30.9, page 305, as follows:

"30.9 Maximum Contest Limitations Exemptions. A member institution may participate in contests exempted in accordance with provisions set for in Bylaw 17 as long as the contest has provided, each year, proof of insurance to the NCAA national office and has idemnified the NCAA, each year, from liability related to the administration of the contest."

[Note: Each appropriate section of Bylaw 17 will be modified to reference 30.9.]

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 5 Recruiting Calendar -- Men's Basketball

Intent: To permit Division II men's basketball coaches to attend the National Association of Basketball Coaches "Hoop Summit" game during the NCAA Division I Men's Final Four.

Bylaws: Amend 30.11.1, page 305, as follows:

"30.11.1 Basketball, Men's. The following contact and evaluation periods shall apply to men's basketball in Division II:

"(a) June 1 through June 14: Quiet Period

"(b) June 15 through August 1: Evaluation Period

"(c) August 2 through September 6: Quiet Period

"(d) September 7 through October 14: Contact Period

"(e) October 15 to the date of the prospect's initial high-school or two-year college contest: Quiet Period

"(f) During the period 48 hours before 7 a.m. on the initial date for the fall signing of the National Letter of Intent: Dead Period

"(g) The period between the prospect's initial and final high-school or two-year college contests: Evaluation Period

"(h) March 1 through 30 days after the Saturday following the Initial date for the spring signing of the National Letter of Intent [except for (1) and (2) below]: Contact Period

"(1) Thursday before the Division I Men's Basketball Championship game to Tuesday noon after the game: Dead Period

"(2) During the period 48 hours before 7 a.m. on the initial date for the spring signing of the National Letter of Intent: Dead Period

"(i) During any high-school all-star game that occurs within the state in which the member institution is located: Evaluation Period

"(j) All other dates: Quiet Period

"Exception

"Evaluation shall be permitted at any all-star contest held during the final weekend of the NCAA Division I Men's Basketball Championship in the host city."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

No. 6 Summer Baseball -- All-Star Competition

Intent: To permit all-star competition between sanctioned summer baseball leagues, provided specific conditions are satisfied.

Bylaws: Amend 30.14.10.2, page 308, as follows:

"30.14.10.2 All-Star Competition. All-star competition between teams within the same league shall be permitted. All-star competition between teams in separate leagues shall be prohibited permitted, provided:

"(a) Each league's schedule is not modified or extended to accommodate this competition;

"(b) Each league participates in only one all-star competition per summer;

"(c) The competition does not replace the league all-star game;

"(d) The competition does not include nonsanctioned leagues;

"(e) The involved leagues present all financial details of the competition to the NCAA and Major League Baseball representatives who have the authority to approve or deny the competition at the annual January in-person meeting."

"An all-star team from a league may participate against a foreign country's national team, provided the foreign national team's tour has been approved by USA Baseball, the league's schedules have not been modified or extended to allow such competition and the contest(s) takes place in the community of a sanctioned league team."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

*No. 7 Summer Basketball Leagues

Intent: To eliminate legislation related to summer basketball leagues.

Bylaws: Amend 30.15, page 309, as follows:

"30.15 Summer Basketball. In order to be approved by the Management Council per 14.7.5.2-(a), a summer basketball league must meet the following requirements:

"(a) All-Star Games Prohibition. No all-star game of any kind shall be permitted;

"(b) Geographical Limitation. League play shall be within 100 air miles of the city limits of the student-athlete's official residence at the end of the previous academic year or the institution the student-athlete last attended as a regular student. If a league does not exist within 100 air miles of the student-athlete's residence, a student-athlete may participate in the summer league located closest to the student's official residence;

"(c) Payment Prohibition. No member team shall make any payments for play or expenses directly or indirectly to any player;

"(d) Postseason Competition. Postseason play-offs or tournaments shall be permitted, provided they involve intraleague competition and are completed by August 31;

"(e) Player Limitations

"(1) Number from Any One College. Each team shall include on its roster no more than one player with intercollegiate basketball eligibility remaining from any two-year or four-year college (other than a Divisions II and III member institution);and

"(2) Replacement of Student-Athlete Who Withdraws. A student-athlete who is listed on the roster of a team and withdraws or is injured and will not continue to practice or compete may be replaced for the remainder of the season by another basketball student-athlete from the same institution. The institution is permitted only one replacement per team.

"(f) Revenue. No admission shall be charged for any game, no fee shall be charged for parking to attend any game, no revenue shall be realized at any game from raffles or similar activities and no revenue shall be realized from over-the-air or cable television or radio rights fees for any game; and

"(h) Staff Limitations. Neither the league nor any member team shall have on its staff or as a participant any person associated in any employment capacity with any two-year or four-year college, except that institutional employees who are not athletics department staff members and do not have responsibilities directly related to the athletics department may serve as game officials."

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 8 NCAA Championships -- Religious Conflicts

Intent: To eliminate the opportunity for a governing sports committee to request a waiver from the Championships Committee of the requirement that the championships schedule accommodate participating institutions whose written policies preclude competition on a particular day.

Bylaws: Amend 31.1.4, page 313, as follows:

"31.1.4.1.1 Waiver. If a governing sports committee concludes that accommodating an institution's policy as required by 31.1.4.1 would unduly disrupt the orderly conduct of a championship, the committee may request a waiver of the application of 31.1.4.1 to that championship from the Championships/Competition Cabinet prior to the selection of the field for the championship. The cabinet may approve such a waiver by a majority vote of its members present and voting."

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 9 NCAA Championships -- Religious Conflicts

Intent: To specify that an institution with a written policy against competition on a particular day due to religious reasons must provide a copy of that written policy to the national office on or before September 1 of each academic year.

Bylaws: Amend 31.1.4, page 313, as follows:

"31.1.4 Day of Competition. NCAA championships competition may be scheduled or conducted on any day, provided the governing sports committee has received the prior approval of the Championships Committee and the following regulations are applied.

"31.1.4.1 Institutional Policy. If a participating institution has a written policy against competition on a particular day for religious reasons, it shall inform the governing sports committee prior to the beginning of the championship on or before September 1 of each academic year in order for it or one of its student-athletes to be excused from competing on that day. The championship schedule shall be adjusted to accommodate that institution, and such adjustment shall not require its team or an individual competitor to compete prior to the time originally scheduled."

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

*No. 10 Championships Administration -- Misconduct and Failure to Adhere to Policies and Procedures

Intent: To modify penalties associated with an institution's failure to adhere to NCAA championship policies and procedures as specified.

A. Bylaws: Amend 31.1.8.3, page 314, as follows:

"31.1.8.3 Penalty for Misconduct. A governing sports committee (or the games committee authorized to act for it) may impose any one or a combination of the following penalties on an institution or any student-athlete or representative of an institution guilty of misconduct that occurs incident to, en route to, from or at the locale of the competition or practice:

[31.1.8.3-(a) through 31.1.8.3-(d) unchanged]

"(e) Withholding of all or a portion of the institution's share of revenue distribution;"

[31.1.8.3-(f) through 31.1.8.3-(i) relettered as 31.1.8.3-(e) through 31.1.8.3-(h), unchanged]

B. Bylaws: Amend 31.1.9.1, pages 314-315, as follows:

"31.1.9.1 Financial Penalties. A governing sports committee may assess a financial penalty against an institution for failure of any of its representatives to adhere to the policies and procedures governing championships administration, subject to review by and appeal to the Championships Committee. The institution may be assessed:

[31.1.9.1-(a) through 31.1.9.1-(b) unchanged]

"(c) Cancellation of all or a portion of the honorarium for hosting an NCAA championship for failure to submit the financial report within 60 days after the competition, as specified in Bylaw 31.4.1.1; or

[31.1.9.1-(d) relettered as 31.1.9.1-(g), unchanged]

"(d) Public or private reprimand of the institution;

"(e) Disqualification of an institution for a period of time from serving as a host institution for one or more NCAA championships;

"(f) Cancellation of all or a portion of the honorarium for hosting an NCAA championship; or"

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

*No. 11 Institutional Eligibility for Championships

Intent: To specify that deadline waivers are available only to those institutions that officially sponsor the sport.

Bylaws: Amend 31.2.1.3, page 316, as follows:

"31.2.1.3 Deadline Waivers. Institutions that fail to meet a deadline for institutional eligibility in NCAA championships may appeal to the Administrative Committee for a waiver. This waiver is available only in those instances when the institution officially sponsors the sport and fails to list the sport on the NCAA Sport-Sponsorship Report prior to the appropriate deadline. If the Administrative Committee, acting for the Championships Committee, grants the appeal, then the institution may be restored to eligibility for NCAA championships."

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 12 Ineligibility for Use of Banned Drugs

Intent: To include language indicating that the banned-drug list is subject to change and is updated on the NCAA Web site. Further, to specify that institutions and student-athletes are responsible for both the list in the Division II Manual and the list on the Web site.

Bylaws: Amend 31.2.3, pages 318-319, as follows:

"31.2.3 Ineligibility for Use of Banned Drugs. Bylaw 18.4.1.5 provides that a student-athlete who is found to have utilized a substance on the list of banned drugs shall be declared ineligible for further participation in postseason and regular-season competition during the time period ending one calendar year after the student-athlete's positive drug test, and shall be charged with the loss of a minimum of one season of competition in all sports if the season of competition has not yet begun for that student-athlete or a minimum of the equivalent of one full season of competition in all sports if the student-athlete tests positive during his or her season of competition (i.e., the remainder of contests in the current season and contests in the subsequent season up to the period of time in which the student-athlete was declared ineligible during the previous year). The student-athlete shall remain ineligible until the student-athlete retests negative (in accordance with the testing methods authorized by the Executive Committee) and the student-athlete's eligibility is restored by the Committee on Student-Athlete Reinstatement. If the student-athlete tests positive a second time for the use of any drug, other than a "street drug" as defined below, he or she shall lose all remaining regular-season and postseason eligibility in all sports. If the student-athlete tests positive for the use of a "street drug" after being restored to eligibility, he or she shall lose a minimum of one additional season of competition in all sports and also shall remain ineligible for regular-season and postseason competition at least through the next calendar year. Bylaw 18.4.1.5.2 also provides that the Executive Committee shall adopt a list of banned drugs and authorize methods for drug testing of student-athletes on a year-round basis. In addition, as stated in Bylaw 18.4.1.5.1, a student-athlete who previously tested positive for performance-enhancing drugs as a result of tests administered by any other athletics organization and subsequently tests positive (in accordance with the testing methods authorized by the Executive Committee) shall be subject to these ineligibility provisions. The banned-drug list is subject to change. The institution and student-athletes shall be held accountable for all banned-drug classes set forth in Bylaw 31.2.3.1 as well as the list located on the NCAA Web site (i.e., www.ncaa.org). In addition, a complete current listing of banned drugs may be obtained from the NCAA national office."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee) (Committee on Competitive Safeguards and the Medical Aspects on Sport)].

Effective date: Immediately.*

No. 13 Championships -- Official Traveling Parties

Intent: To increase the travel parties for selected Division II championships, as specified.

Bylaws: Amend 31.4.6.4, page 326, as follows:

"31.4.6.4 Official Traveling Parties. The following are the approved official traveling parties for which expenses shall be provided in accordance with the provisions of this section:

Baseball 28 30

Men's and Women's Basketball 20

Field Hockey 24 26

Football 70

National Collegiate Women's Lacrosse 30

National Collegiate Women's Rowing 31

Men's and Women's Soccer 23 24

Women's Softball 23 24

Men's Volleyball 18

Women's Volleyball 17 20

Men's Water Polo 19"

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: August 1, 2000.

*No. 14 Postseason Football -- Financial Administration

Intent: To eliminate the financial administration requirements for postseason football games.

Bylaws: Amend 31.5, pages 326-327, as follows:

"31.5 Financial Administration Of Postseason Football. A financial summary of each championship shall be published in the Annual Reports of the Association.

"31.5.1 Competing Institutions' Percentage of Gross Receipts. In accordance with Bylaw 30.9.10, institutions competing in such contests shall receive not less than 75 percent of the gross receipts or not less than $750,000 for each participating institution during the 1994-95 and 1995-96 academic years, whichever is greater. The amount shall be divided equally between the institutions. Out of this percentage of gross receipts, each institution may be required to pay its own transportation and other team expenses incidental to the game.

"31.5.1.1 Exception-New Bowl Game Not Located in North America. Each institution participating in such a contest located outside of North America shall receive not less than $1.5 million.

"31.5.1.2 Letter of Credit-Initial Certification. An agency that wishes to sponsor a postseason football contest must secure a $2 million irrevocable letter of credit issued by a United States financial institution payable to the NCAA. The letter shall be in effect from the time of the agency's initial application to the Championships Committee at the committee's annual spring meeting, until it is replaced after certification by a new letter of credit guaranteeing the revenues that will be distributed to the participating teams, plus an additional 25 percent to cover expenses related to game management, operations and administration for any game that has not been certified for three consecutive years.

"31.5.1.3 Letter of Credit-Recertification. A postseason football contest that has not distributed a minimum of $1 million to each participating institution during the preceding three-year period shall secure annually an irrevocable letter of credit issued by a United States financial institution guaranteeing the minimum revenues that will be distributed to the participating teams, plus an additional 25 percent to cover expenses related to game management, operations and administration. The letter of credit shall be made payable to the NCAA and annually shall cover the period from November 1 through May 1 and shall specify that the Association is responsible for the distribution of revenues to the participating institutions in the event of default. The cost of the letter of credit shall be deducted from the contest's gross income.

"31.5.1.4 Waiver. A waiver of this provision may be granted to "closed" games (see Bylaw 30.9.2.1).

"31.5.2 Components of Gross Receipts. The gross receipts shall include all revenues derived from the game, including:

"(a) Sale of tickets (less applicable taxes, except those paid as stadium-use taxes for stadium rental or in lieu thereof). Any complimentary tickets shall be accounted for at face value and shall become a part of the gross receipts;

"(b) Concessions;

"(c) Programs sales;

"(d) Advertising for radio, television and tickets;

"(e) Radio, television (including pay-per-view income) and movie/video rights;

"(f) Merchandising sales;

"(g) Licensing fees;

"(h) Title sponsorship;

"(i) Corporate sponsors/contributors;

"(j) Interest income;

"(k) Membership fees/dues; and

"(l) Any other income derived from the operation of the game as identified by the Championships Committee.

"31.5.2.1 Deductions from Gross Receipts. The following expenses incurred by the sponsoring agency of a postseason football game may be deducted from gross receipts:

"(a) Letter of credit required for initial certification or recertification;

"(b) Annual certification fee paid to the Association;

"(c) Corporate sponsor expense approved by the Championships Committee;

"(d) All radio income, providing the official network or station of at least one of the participating institutions originates the broadcast of the game;

"(e) Awards for participating student-athletes;

"(f) A pro rata share of expenses for multi-bowl promotional activities approved in advance by the committee; and

"(g) Expenses for game-related events approved by the Championships Committee.

"31.5.3 Administrative Expenses. Each certified postseason bowl game shall pay annually, on notification of certification, a $12,000 fee from its net receipts to the Association (if authorized by the Executive Committee in accordance with Bylaw 31.2.3.4).

"31.5.4 Loss-of-Income Insurance. The management of each certified postseason football game annually shall make available loss-of-income insurance for a participating institution to purchase at its option and expense, which may be deducted from the respective institution's share of gross receipts.

"31.5.5 Programs/Concessions, Third Party. When the printing and sale of programs or the production and sale of concession items are performed by an independent third party under contract with the sponsoring agency, whereby it receives only a share of the net receipts, gross receipts shall include only the net amount received for such items by the sponsoring agency from the third party."

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 15 NCAA Properties -- Marketing, Licensing, Promotions and Public Affairs Initiatives

Intent: To specify that the president of the Association shall be responsible for the oversight and administration of all marketing, licensing, promotions and public affairs initiatives and shall have authority to appoint advisory groups to assist in developing policies to review any initiative; further, to specify that the president of the Association shall have the authority to determine the specific terms and conditions and to execute and enforce contracts for the awarding of all marketing, licensing and promotional rights on behalf of the Association.

[Note: The proposed change involves a common provision and, thus, must be acted upon by the NCAA Divisions I, II and III membership acting independently.]

Bylaws: Amend 31.6.4 by adding new 31.6.4.2, renumbering subsequent paragraphs, page 356 as follows:

"31.6.4.2 Marketing, Licensing, Promotional and Public Affairs Initiatives. The president of the Association shall be responsible for the oversight and administration of all marketing, licensing, promotions and public affairs initiatives. The president shall have the authority to appoint Ad Hoc advisory groups to provide assistance in developing policies to review any initiative and to provide assistance in addressing emerging issues. In addition, negotiations with respect to awarding merchandising, marketing and licensing rights (including corporate partner rights) shall be conducted by the president, who shall have the authority to determine the specific terms and conditions and to execute and enforce contracts for the award of such rights on behalf of the Association. The NCAA Executive Committee, at its discretion, may request a detailed accounting of any marketing, licensing, promotional and public affairs initiative that resulted in the awarding of a contract on behalf of the Association. Each division's presidential administrative group and management council may request a report related to any matter handled by the president under the authority of this legislation."

Source: NCAA Division II Presidents Council (Management Council).

Effective date: Immediately.*

*No. 16 Enforcement -- Investigative Procedures

Intent: To specify procedures regarding the recording of interviews conducted during the course of NCAA inquiries.

Bylaws: Amend 32.3.8 by adding new 32.3.8.1, 32.3.8.1.1, 32.3.8.2, and 32.3.8.2.1, page 340, as follows:

"32.3.8 Recording of Interview Proceedings. Interview Record. Whenever possible, interviews conducted by the enforcement staff shall be recorded through the use of a mechanical device and both the enforcement staff and the individual being interviewed may record the interview. The individual may receive a copy of the recording at minimal cost.

"32.3.8.1 Tape Recordings. It is preferable that an institution conducted by the enforcement staff be recorded through the use of a mechanical device. If a witness objects to be tape recorded, however, or the enforcement staff believes the use of a recording device would have an inhibiting effect upon the witness, a written statement of the substance of the interview shall be prepared per 32.3.8.2.

"32.3.8.1.1 Access to Tape Recordings. Both the enforcement staff and the individual being interviewed may record the interview or the individual may receive a copy of the recording at minimal cost, subject to the confidentiality provisions of 32.3.8.3. Copies of recorded interview summaries and any report prepared by the enforcement staff are confidential and shall not be provided to individuals (and their institutions) who may be involved in reporting information during the processing of an infractions case, except as set forth in 32.3.9 and 32.5.4.

[32.3.8.1 renumbered as 32.3.8.1.2 unchanged.}

"32.3.8.2 Non-Recorded Interviews. When an interview is not tape recorded, the enforcement staff shall prepare a memorandum summarizing the interview and attempt to obtain a signed affirmation of its accuracy from the interviewee. The interviewee shall be permitted to make additions or corrections to the memorandum before affirming its accuracy. Testimony as to the substance of an unrecorded interview for which a signed affirmation was not obtained may nevertheless be considered by an Infractions Committee to the extent the Committee determines the testimony to be reliable.

"32.3.8.2.1 Confidentiality of Non-Recorded Interview Documents. Copies of non-recorded interview summaries and any report prepared by the enforcement staff are confidential and shall not be provided to individuals (or their institutions) who may be involved in reporting information during the processions of an infractions case except as set forth in 32.3.9 and 32.5.4.

[32.3.8.2 through 32.8.3 renumbered as 32.3.8.3 through 32.3.8.4 unchanged.]

"32.3.8.4.5 Use of Court Reporters. Institutional representatives or individuals being interviewed may use a court reporter to transcribe and interview subject to the following conditions. The institution or individual shall:

"(a) Pay the court reporter's fees;

"(b) Provide a copy of the transcript to the enforcement staff at no charge; and

"(c) Agree that the confidentiality standards of Bylaw 32.3.8.2.3 apply.

"An institutional representative or individual who chooses to utilize a court reporter shall submit a written notice of agreement with the required conditions to the enforcement staff prior to the interview on a form approved by the Committee on Infractions. If the enforcement staff chooses to use a court reporter, the NCAA will pay all costs of the reporter. A copy of the transcript prepared by the court reporter for the enforcement staff shall be made available to the institution and the affected involved individuals at the NCAA offices or at a custodial site as provided for in 32.5.4."

Source: NCAA Division II Presidents Council [Management Council (Committee of Infractions)].

Effective date: Immediately.*

*No. 17 Enforcement -- Access to Infractions Case Information

Intent: To specify that documents related to infractions cases shall be retained in the national office and that case presentation materials may be reviewed upon request.

Bylaws: Amend 32.3.9 by adding new 32.3.9, page 340, as follows:

"32.3.9 Access to Information to be Used in Presentation of Case. Copies of interview documents, including copies of nonrecorded interviews and other information pertinent to an infractions case, shall be retained on file in the national office. Information to be used in the presentation of a case may be reviewed in the national office or at the site of a custodial agent in accordance with the provisions of 32.5.4."

[13.3.9 through 13.3.13 renumbered as 13.3.10 through 13.3.14, unchanged.]

Source: NCAA Division II Presidents Council [Management Council (Committee on Infractions)].

Effective date: August 1, 2001.

No. 18 Enforcement --
Committee on Infractions

Intent: To clarify that institutions and involved parties have the right to appeal major infractions cases handled through the summary disposition process.

A. Bylaws: Amend 32.6.1.4.2, page 343, as follows:

"32.6.1.4.2 Findings Not Approved. If the committee does not approve the findings, the hearing process set forth in 32.7 shall be followed. At the conclusion of the hearing process, the committee shall prepare a written report, forward it to the institution and involved individuals, and publicly announce the resolution of the case committee's decision under the provisions of 32.9. If, following the committee's announcement of its decision in the case, the institution and/or the involved parties do not agree to the findings made by the committee, the institution and/or the involved parties will have the right to appeal those findings to the NCAA Division II Management Council Subcommittee in accordance with Bylaws 32.10 and 32.11."

B. Bylaws: Amend 32.6.1.4.3, page 343, as follows:

"32.6.1.4.3 Penalties Not Approved. If the committee accepts the agreed-upon findings but does not approve the proposed penalties, the institution and involved individuals may elect to participate in an expedited hearing. Expedited hearings shall be conducted based on the findings submitted and the institution and involved individuals may present additional information regarding the uniqueness of the case and mitigating factors. If the institution or the involved individuals decline to participate in an expedited hearing, a hearing regarding the alleged violations shall be conducted under the provisions of 32.7. At the conclusion of the hearing process, the committee shall prepare a written report, forward it to the institution and involved individuals, and publicly announce the resolution of the case committee's decision under the provisions of 32.9. If, following the committee's announcement of its decision in the case, the institution and/or the involved parties do not agree to the additional penalties imposed, the institution and/or the involved parties will have the right to appeal those penalties to the NCAA Division II Management Council Subcommittee in accordance with Bylaws 32.10 and 32.11."

Source: NCAA Division II Presidents Council [Management Council (Committee on Infractions)].

Effective date: Immediately.*