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Following are the minutes of the January 7-8 meeting of the Division II Management Council at the San Diego Marriott Hotel and Marina in San Diego. All actions taken by the Management Council are included. Highlights of the meeting were reported in the January 17 issue of The NCAA News.
1. Announcements. Clint Bryant, chair, noted that Dianthia Ford-Kee's absence from the meeting was excused and that Peggy L. Green and Patricia A. Merrier would be attending the Division II Student-Athlete Advisory Committee meeting throughout the day.
2. Review of Previous Minutes.
a. Minutes of October 18-19, 1999, Management Council Meeting. It was voted that with respect to Item 6-c-(1), the body to review Management Council nominations and assist with the election process should be identified as the Management Council Subcommittee and that the Management Council approve the minutes as modified.
b. Report of the October 28, 1999, Presidents Council Meeting. The Management Council reviewed the minutes from the Presidents Council's October 28 meeting without taking any formal action.
c. Report of the October 28, 1999, Executive Committee Meeting. The Management Council reviewed the minutes from the Executive Committee's October 28 meeting without taking any formal action.
3. Division II Strategic Plan. The Management Council reviewed a sample tracking chart to monitor the Division II strategic plan initiatives. No formal action was taken.
4. Review of Committee Recommendations Affecting Division II.
a. Association-Wide and Common Committees.
(1) Competitive Safeguards and Medical Aspects of Sports Committee. The Management Council accepted the committee's report without taking any formal action.
(2) Honors Committee. The Management Council accepted the committee's report without taking any formal action.
(3) Minority Opportunities and Interests Committee. The Management Council accepted the committee's report without taking any formal action.
(4) Olympic Sports Liaison Committee. The Management Council considered a committee recommendation to amend Bylaw 12.1.1.1.4 to permit Division II student-athletes with remaining eligibility to receive commemorative items incidental to participation in such events as the Olympic Games, World University Games, Pan American Games, World Championships and World Cup through the applicable National Governing Body.
It was voted that the Management Council agree to recommend that the Presidents Council sponsor noncontroversial legislation to amend Bylaw 12.1.1.1.4 as recommended by the committee.
(5) Committee on Sportsmanship and Ethical Conduct. The Management Council discussed the two concepts presented by the committee concerning the sites of NCAA championships and postseason events in areas where there are legal sports books or gaming activities. The Management Council did not support the concepts as drafted, but it did agree that the concepts should continue to be discussed. The Management Council also noted that proposed federal legislation in this area would impact the need for such restrictions.
(6) National Youth Sports Program Committee. The Management Council considered a committee recommendation to amend Bylaw 21.1.6 to expand the National Youth Sports Program Committee by four members.
It was voted that the Management Council agree to recommend to the Presidents Council that it sponsor noncontroversial legislation to amend Bylaw 21.1.6 as recommended by the committee.
(7) Committee on Women's Athletics. The Management Council accepted the committee's report without taking any formal action.
b. Division II Committees.
(1) Committee on Infractions.
(a) Reconciliation Between Bylaws 19.1.1 and 32.7.6.4. The Management Council considered a committee recommendation to revise Bylaw 19.1.1 so that it references the quorum requirement specified in Bylaw 32.7.6.4 (three members present and voting constitute a quorum for the conduct of committee business).
It was voted that the Management Council agree to recommend to the Presidents Council that it approve an editorial revision to Bylaw 19.1.1.
(b) Financial Penalties. The Management Council considered a committee recommendation to amend Bylaws 19.6.2, 19.8 and 31.2.2.5 to permit the Committee on Infractions to impose financial penalties in the form of fines in some instances involving findings of major violations of NCAA legislation.
It was voted that the Management Council agree to recommend to the Presidents Council that it sponsor legislation at the 2001 Convention to amend Bylaws 19.6.2, 19.8, and 31.2.2.5.
(2) Legislation Committee.
(a) NCAA Manual. The Management Council considered a committee recommendation to include the running supplements of editorial revisions (Supplement No. 13), noncontroversial legislation (Supplement No. 20), administrative bylaws (Supplement No. 21), and modification of wording proposals (Supplement No. 22) in the 2000-01 Division II Manual even though the changes will not appear in the "blue pages" of the Official Notice until the 2001 Convention.
It was voted that the Management Council recommend to the Presidents Council that it include these legislative changes in the 2000-01 Division II Manual.
(b) Deregulation Summit. The Management Council considered a committee recommendation to fund the expenses for those individuals (noncommittee members) invited to participate in the 2000 and 2001 Division II Deregulation Summits.
It was voted that the Management Council recommend to the Presidents Council that it approve the committee's recommendation and that the $15,000 for the 2000 Division II Deregulation Summit should come from the 1999-00 Division II contingency fund.
(c) Interpretations.
It was voted that the Management Council approve the interpretation adopted by the Interpretations Subcommittee of the Division II Legislation Committee regarding 2000 NCAA Convention Proposal No. 18 (Financial Aid -- Board Allowance) and approve the interpretation regarding practice while a prospective student-athlete awaits a decision on an initial-eligibility waiver request.
(d) Deregulation Proposals. The Management Council reviewed in concept the Bylaw 15 deregulation proposals recommended by the Legislation Committee.
It was voted that the Management Council recommend that the Presidents Council approve in concept the Bylaw 15 deregulation proposals recommended by the Legislation Committee.
(e) 2000 NCAA Convention Proposal No. 35. The Management Council considered a committee recommendation to withdraw Proposal No. 35 (Recruiting -- Telephone Calls).
It was moved and seconded that the Management Council withdraw Proposal No. 35. (Defeated by voice vote -- yes 6, no 14.)
(f) Editorial Revisions to NCAA Bylaws. The Management Council reviewed and approved the legislative form of editorial revisions to Bylaws 4.3.1.3, 13.02.10 and 20.4.3.1. The Management Council also considered a committee recommendation to revise Bylaws 15.01.1 (Institutional Financial Aid Permitted), 15.1.2.1 (Exception for Nonrecruited Student-Athlete), 15.5.5.4.1 (Voluntary Withdrawal), 15.5.5.4.2 (Lightweight Football) and 20.5.2.1.1 (Requesting Reclassification Exception).
It was voted that the Management Council recommend that the Presidents Council approve the editorial revisions as recommended by the committee.
(4) Membership Committee.
(a) Heartland Conference. The Management Council considered a committee recommendation to approve the Heartland Conference as a Division II voting conference effective September 1, 2000.
It was voted that the Management Council recommend to the Presidents Council that it approve the conference application.
(b) Football Scheduling Waiver Request. The Management Council reviewed the committee's decision not to reconsider its denial of a geographical waiver request in the sport of football from Kentucky Wesleyan University for the 1998 season. The institution had asked the committee to reconsider its decision based on a letter it received from the NCAA staff implying that the school's 1996 waiver request was effective for three years and, thus, the institution claimed that the waiver request before the committee in 1998 was not necessary.
It was voted that the Management Council rescind its July decision to uphold the committee's decision to deny the institution's waiver request.
It was voted that the Management Council agree to support the Membership Committee's decision, but that it approve the institution's waiver request based on institutional reliance of the staff letter that erroneously implied that the waiver request was valid for three years.
(5) Nominating Committee.
(a) Division II Committee Appointments.
It was voted that the Management Council agree to recommend the following committee appointments to the Presidents Council for ratification:
(i) Championships Committee: Nancy Simpson, director of athletics, California State University, San Bernardino.
(ii) Membership Committee: David Brunk, commissioner, Northeast 10 conference.
(6) Student-Athlete Advisory Committee.
It was voted that the Management Council agree to recommend to the Presidents Council that it ratify the appointment of William Forest Combs, Lenoir-Rhyne College, to the Student-Athlete Advisory Committee as the South Atlantic Conference representative.
(7) Student-Athlete Reinstatement Committee.
(a) 10-semester Extension Request. The Management Council considered a committee recommendation to amend legislation to permit a student-athlete who has exhausted his or her 10-semester period of eligibility to practice, but not compete, for 30 consecutive calendar days in those instances in which the institution has filed a 10-semester extension request (per Bylaw 30.6.1) with the NCAA national office.
It was voted that the Management Council recommend to the Presidents Council that it sponsor legislation at the 2001 Convention as recommended by the committee.
(b) Student-Athlete Reinstatement Committee Member Term Limit. The Management Council considered a committee recommendation to amend the length of time committee members serve on the committee from one four-year term to one three-year term that is renewable for an additional three-year term.
It was voted that the Management Council recommend to the Presidents Council that it sponsor noncontroversial legislation to amend the committee member term limit.
(c) Student-Athlete Reinstatement Committee Policies and Procedures. The Management Council considered a committee recommendation to modify the Student-Athlete Reinstatement Policies and Procedures.
It was voted that the Management Council approve the modification to the Student-Athlete Reinstatement Policies and Procedures as suggested by the committee.
5. Division II Administrative Committee Actions.
It was voted that the Management Council approve the minutes from the committee's 1999 Telephone Conference Nos. 6 and 7 as distributed.
6. Convention and Legislation.
a. Proposed Legislation for the 2000 NCAA Convention.
It was voted that the Management Council recommend to the Presidents Council that the vote on the immediate effective date for Proposal No. 13 (Amendment Process -- Emergency Legislation) be done by paddle vote and not by roll call.
b. Noncontroversial Legislation per Constitution 5.3.1.1.1.
It was voted that the Management Council recommend that the Presidents Council approve the legislative form of all noncontroversial legislative changes as submitted.
c. Administrative Regulations (Bylaws 30, 31 and 32 Revisions).
It was voted that the Management Council recommend that the Presidents Council approve the legislative form of administrative and executive regulation revisions as submitted.
d. Modifications of Wording to Conform with Intent.
It was voted that the Management Council recommend that the Presidents Council approve the legislative form of modification of wording to conform with intent proposals as submitted.
e. Convention Assignments and Presidents Council Positions on Legislation. The Management Council reviewed the 2000 Convention assignments without taking any formal action.
7. Division II Project Teams.
a. Management Council Compliance Review Project Team. The Management Council reviewed the report of the committee and noted concerns regarding the lack of minority representation on the project team. The Management Council agreed to ask Richard Cosby, athletics director at Clark Atlanta University, to join the project team.
b. Project Team to Review Issues Related to Diversity. The Management Council reviewed the Strategic Alliance Matching Grant Enhancement Program evaluation form. The Management Council agreed that the evaluation form should be edited to be consistent with the Strategic Alliance Matching Grant Enhancement Program brochure, and specifically to include in the evaluation form the definition of ethnic minorities as set forth in the Federal Guidelines of the Office of Management and Budget.
c. Management Council Policies and Procedures Project Team.
(1) Policies and Procedures Document. The Management Council considered a project team recommendation to approve the revised version of the Management Council Policies and Procedures Document. The Management Council reviewed the policies and procedures document and agreed to change the name of the Nominations Subcommittee to the Management Council Subcommittee.
It was voted that the Management Council approve the policies and procedures document as amended.
(2) Division II Committee Policies Document. The Management Council considered a project team recommendation to approve the Division II Committee Policies Document.
It was voted that the Management Council approve the Committee Policies Document and the Management Council agreed that all Division II committees should incorporate these polices into their operating manual/committee handbooks.
d. Strategic Planning Project Team. The Management Council reviewed the project team's report without taking any formal action.
e. Amateurism Project Team. The Management Council reviewed the project team's report without taking any formal action.
8. Division II Management Council.
a. Initial-Eligibility Waiver Appeal. The Management Council considered three appeals of decisions by the Initial-Eligibility Waiver Subcommittee.
It was voted that the Management Council uphold the decisions of the waiver subcommittee in all three cases.
b. Management Council Vice-Chair Election Process. Mike L. Racy, NCAA chief of staff for Division II, reviewed the Management Council vice-chair election process with the committee and requested that anyone interested in the position (term beginning September 2000) should contact the staff. No formal action was taken.
c. Management Council Assignments to Committees and Project Teams.
It was voted that the Management Council recommend that the Presidents Council ratify the following Management Council committee and project team assignments:
Administrative Review Subcommittee: chair -- Ken Borden;
Infractions Appeals Subcommittee: chair -- Kaye Crook;
Budget and Finance Committee: Gail Fults;
Management Council Subcommittee (three vacancies): Lisa Colvin, Katy Wilson, Bruce Harger;
Student-Athlete Reinstatement Committee (and the Division II Amateurism Project Team): Mary Gardner;
Student-Athlete Advisory Committee (and the Division II Student-Athlete Advisory Committee Involvement Project Team): Mike Marcil;
Legislation Committee: Pam Gill-Fisher;
Committee on Sportsmanship and Ethical Conduct: Ed Harris;
Honors Committee: Doug Echols;
Initial-Eligibility Clearinghouse Committee: Kevin Hickey;
Convention Planning Project Team: Dave Coffey;
Nominating Committee: Phil Roach;
Competitive Safeguards and Medical Aspects of Sports Committee*: Dave Coffey;
Memorial Resolutions Committee: Jean Bell Chandler;
Core-Course Review Committee*: Jean Bell-Chandler.
*When Larry Fitzgerald's service on the Management Council ends this summer.
d. Executive Committee Subcommittee on Gender and Diversity Issues. The Management Council reviewed the Division II referral items from the Executive Committee Subcommittee on Gender and Diversity Issues.
It was voted that the Management Council refer Item Nos. 5 (exemption to sponsorship number requirement for championship in women's bowling) and 7 (women's volleyball rules committee and officiating clinics for women's volleyball and men's and women's soccer) to the Division II Championships Committee.
e. Management Council Subcommittees.
(1) Administrative Review Subcommittee.
(a) Policies and Procedures. The Management Council considered a recommendation to temporarily change (for a one-year trial period) the Division II Administrative Review Subcommittee (ARS) Policies and Procedures to cease ARS review of hardship waiver cases (NCAA Bylaw 14.2.5) and to also allow staff to make the initial decisions, with the subcommittee serving as the appellate body, with respect to areas where the ARS does have jurisdiction.
It was voted that the Management Council approve the subcommittee's recommendation.
(b) Legislative Authority. The Management Council considered a recommendation to amend NCAA Constitution 5.4.1.7 to reflect the intent of legislation that the Administrative Review Committee has the authority to review the application of legislation to a particular situation when no other committee, subcommittee or conference has the authority to act. The Management Council agreed that language should be added to the proposed changes to reflect that final appeals can be made to the full Management Council.
It was voted that the Management Council recommend that the Presidents Council modify the legislation as recommended.
(c) Cases. The Management Council received a report on actions taken by the Division II Administrative Review Subcommittee from September 1, 1999, through November 15, 1999. The panel processed 31 requests during this period; 14 were granted and 17 were denied. Since August 1, 1997, a total of 290 Division II requests have been acted upon; 119 have been granted and 171 have been denied.
(2) Initial-Eligibility Appeals. The Management Council received a report regarding two expedited appeals of decisions by the Initial-Eligibility Waiver Subcommittee, which were upheld by the Management Council Subcommittee.
9. National Office Staff Updates.
a. National Athletic Trainers' Association (NATA) Update. The Management Council received a report from Randall W. Dick, NCAA assistant director of sports sciences, and Denny Miller, former president of the National Athletic Trainers' Association, concerning the NATA's curriculum change and the Committee on Competitive Safeguards and Medical Aspects of Sports' study on emergency care. Mr. Dick provided a draft copy of an educational document that will be sent to the membership regarding this issue.
b. NCAA Foundation Leadership Conference. Kaye P. Crook, Clint Bryant and Mike Marcil volunteered to participate in the "Political Skills" panel during the 2000 NCAA Foundation Leadership Conference, which will be held in Orlando, Florida, May 28-June 1.
c. Division II Budget. The Management Council received a status report regarding the Division II budget. No formal action was taken.
d. Marketing-Licensing-Promotions/Public Relations Authority for NCAA President. The Management Council considered a recommendation to amend Bylaw 31.6.4 to specify the NCAA president's responsibilities with respect to marketing, licensing, promotions and public affairs.
It was voted that the Management Council recommend that the Presidents Council amend Bylaw 31.6.4 as proposed.
e. Baseball Bat Update. The Management Council received a status report regarding the baseball bats that have been certified for competition. No formal action was taken.
f. Legal/Antitrust Update. The Management Council received a legal and antitrust update from Elsa Kircher Cole, NCAA general counsel, without taking any formal action.
g. Federal Relations Update. The Management Council received a federal relations update from Doris Dixon, NCAA director of federal relations, during its joint meeting with the Presidents Council on January 8. No formal action was taken.
10. Outgoing Management Council Representatives. The Management Council recognized the service of five outgoing Management Council representatives: Jean Cerra, senior woman administrator, Barry University; Carol Dunn; director of athletics, California State University, Los Angeles; Pat Merrier, faculty athletics representative, University of Minnesota-Duluth; Wil Shaw, faculty athletics representative, Morehouse College; and Marge Trout, senior woman administrator, Millersville University of Pennsylvania.