The NCAA Division II Management Council, pursuant to its authority per NCAA Constitution 5.4.1.1.1, has determined that the following proposals are consistent with the intent of the membership in adopting the original legislation and that sufficient documentation and testimony exists to establish clearly that the original wording of the legislation was inconsistent with that intent. The Division II Management Council, by a two-thirds majority of its members present and voting, shall have the authority to recommend intent-based legislation, subject to ratification by the Division II Presidents Council. Any proposal ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted by the Presidents Council as legislation at the 2001 NCAA Convention.

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 refers to the 1999-00 NCAA Division II Manual. Bold type indicates new wording; italicized type indicates wording removed.

Intent: To clarify that a provisional member annual report must be completed in accordance with requirements set forth in the Division II Educational Assessment Program.

Constitution: Amend 3.6.4.2, page 18, as follows:

"3.6.4.2 Self-Study and Annual Review. During the first year of provisional membership, a provisional member shall complete a comprehensive institutional self-study and evaluation of the member's intercollegiate athletics program. A provisional member also shall provide, on an annual basis, a written report to be reviewed by the Management Council Membership Committee describing the institution's progress in meeting active membership requirements. The annual report shall be received in the national office not later than June 15 and, in Division III, shall be on a form approved by the Management Council. In Division II, the annual report shall be completed in accordance with the requirements set forth in the Division II Educational Assessment Program."

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

Effective date: Immediately.*

*No. 2 Division II Management Council -- Administrative Review Subcommittee

Intent: To clarify that the NCAA Division II Administrative Review Subcommittee may only hear an appeal when another committee does not have jurisdiction to address the matter.

Constitution: Amend 4.6.2, page 25, as follows:

"4.6.2 Duties and Responsibilities. The Division II Management Council shall:

[4.6.2-(a) though 4.6.2-(j) unchanged]

"(k) Review appeals by member institutions of decisions made by a Division II committee (excluding actions of the Committee on Student-Athlete Reinstatement and the Committee on Infractions) or the NCAA staff regarding the application of NCAA legislation to a particular situation when no other committee, subcommittee or conference has the authority to act; and"

[4.6.2-(l) unchanged]

Source: NCAA Division II Presidents Council [Management Council (Administrative Review Subcommittee)].

Effective date: Immediately.*