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Following is a compilation of editorial revisions as recommended through the Division III legislative process. The revisions are not substantive in nature and are intended to clarify or simplify existing legislation.
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 1999-00 NCAA Division III Manual. Bold type indicates new wording; italicized type indicates wording removed.
*No. 1 NCAA Membership -- Affiliated Memberships and Corresponding Membership Applications
Intent: To specify that the Association's president has the authority to approve NCAA affiliated and corresponding membership applications.
A. Constitution: Amend 3.4.3, page 15, as follows:
"3.4.3 Election Procedures
[3.4.3.1 and 3.4.3.2 unchanged]
"3.4.3.3 Election. Groups or associations may be elected to granted affiliated membership by majority vote of the delegates present and voting at an annual Convention or by majority vote of the Executive Committee the Association's president."
B. Constitution: Amend 3.5.3, page 16, as follows:
"3.5.3 Election Procedures
[3.5.3.1 and 3.5.3.2 unchanged]
"3.5.3.3 Election. Eligible institutions, organizations and conferences may be elected to granted corresponding membership by majority vote of the Executive Committee the Association's president."
[Reminder 3.5.3 unchanged]
Source: NCAA Division III Presidents Council [Management Council (Membership Committee)].
Effective date: Immediately.*
No. 2 Enrolled Student-Athlete -- Definition
Intent: To revise the definition of an enrolled student-athlete as specified.
Bylaws: Amend 13.02.5, page 72, as follows:
"13.02.5 Student-Athlete. An enrolled student-athlete is an individual whose enrollment was solicited by a member of the athletics staff or other representative of athletics interests with a view toward the student's ultimate participation in the intercollegiate athletics program. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the athletics department. An individual becomes a student-athlete when either of the following conditions are satisfied:
"(a) The individual's enrollment was enlisted by a member of the athletic staff or other representative of the institution's athletics interests that are viewed towards the student's ultimate participation in the intercollegiate athletics program and the student-athlete attends the first day of class while enrolled in at least a minimum full-time program of studies or;
"(b) The individual participates in an intercollegiate squad practice or contest that is under the jurisdiction of the athletics department."
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
No. 3 Recruiting -- Prospective Student-Athlete
Intent: To clarify the definition of a prospective student-athlete.
Bylaws: Amend 13.02.10, page 73, as follows:
"13.02.10 Prospective Student-Athlete. A prospective student-athlete ("prospect") is a student who has started classes for the ninth grade. In addition, a student who has not started classes for the ninth grade becomes a prospective student-athlete if the institution provides such an individual (or the individual's relatives or friends) any financial assistance or other benefits that the institution does not provide to prospective students generally. An individual remains a prospective student-athlete until one of the following occurs (whichever occurs earlier):
"(a) The individual officially registers and enrolls in a minimum full-time program of studies and attends classes in any term of a four-year collegiate institution's regular academic year (excluding summer) or;
"(b) The individual participates in a regular squad practice or competition at a four-year collegiate institution."
Source: NCAA Division III Presidents Council [Management Council (Committee on Infractions)].
Effective date: Immediately.*
No. 4 Certification of Eligibility
Intent: To clarify the certification of eligibility requirements by moving current Bylaw 14.10.1 into the General Principle section of Bylaw 14.
A. Bylaws: Amend 14.01.2, by adding a new 14.01.2.2, page 95, as follows:
"14.01.2.2 Institutional Responsibility for Eligibility Certification. The chief executive officer is responsible for approving the procedures for certifying the eligibility of an institution's student-athletes under NCAA legislation. The chief executive officer may designate an individual on the institution's staff to administer proper certification of eligibility."
B. Bylaws: Amend 14.10.1, page 111, as follows:
"14.10.1 Institutional Responsibility for Eligibility Certification. The chief executive officer is responsible for approving the procedures for certifying the eligibility of an institution's student-athletes under NCAA legislation. The chief executive officer may designate an individual on the institution's staff to administer proper certification of eligibility."
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
No. 5 International Student-Athlete
Eligibility Form
Intent: To clarify that the International Student-Athlete Eligibility Form is a required compliance form that must be maintained on file at the institution with other eligibility documents (e.g., student-athlete statement, drug-testing consent form). Further, to specify that the form must be completed prior to practice or competition.
A. Bylaws: Amend 14.1.5, page 98, as follows:
"14.1.5 International Student-Athlete Eligibility Form. The eligibility of an international student-athlete shall be certified on a form approved by the Management Council and must be completed prior to practice or competition. The completed form shall be maintained on file at the institution with other eligibility documents and shall be available for examination upon request by the NCAA, and, if the institution is a member of a conference, an authorized conference representative."
[14.1.5 through 14.1.8 renumbered as 14.1.6 through 14.1.7, unchanged.]
B. Bylaws: Amend 14.10.1.1, page 111, as follows:
"14.10.1.1 Eligibility Form-International Student-Athlete. The eligibility of an international student-athlete shall be certified on a form approved by the Management Council. The completed form shall be maintained on file at the institution with other eligibility documents and shall be available for examination upon request by the NCAA, and, if the institution is a member of a conference, an authorized conference representative."
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
*No. 6 Season of Competition -- Preseason Scrimmage
Intent: To specify that a student-athlete will not be charged with a season of competition when the student-athlete participates only in a preseason scrimmage and preseason scrimmages are not to be counted when determining whether a student-athlete meets the conditions for a hardship waiver.
A. Bylaws: Amend 14.2.4.1, page 102, as follows:
"14.2.4.1 Minimum Amount of Competition. A season of competition shall be counted when a student-athlete participates in any regular-season competition (including scrimmages occurring after the first contest or date of competition) or post-season intercollegiate competition. A season of competition shall not be counted when a student-athlete participates in a preseason scrimmage or preseason exhibition. This provision is applicable to intercollegiate athletics competition conducted by a two-year or four-year collegiate institution at the varsity or subvarsity level."
B. Bylaws: Amend 14.2.5, page 103, as follows:
"14.2.5 Hardship Waiver. A student-athlete may be granted an additional year of competition by the conference or the Eligibility Subcommittee for reasons of "hardship." Hardship is defined as an incapacity resulting from an injury or illness that has occurred under all of the following conditions:
[14.2.5-(a) and 14.2.5-(b) unchanged.]
"(c) The injury or illness occurs when the student-athlete has not participated in more than two contests or dates of competition (whichever is applicable to that sport) or 20 percent (whichever number is greater) of the institution's completed contests or dates of competition in his or her sport for student-athletes in Divisions I and II and three contests or dates of competition (whichever is applicable to that sport) or one-third (whichever number is greater) of the institution's completed contests or dates of competition in his or her sport for student-athletes in Division III. Only competition (excluding preseason scrimmages and preseason exhibitions and exhibition contests in Divisions I and II, but including such exhibition contests occurring after the first regularly scheduled contest in Division III) against outside participants during the traditional playing season, or, if so designated, during the official NCAA championship playing season in that sport (e.g., spring baseball, fall soccer), shall be countable under this limitation in calculating both the number of contests or dates of competition in which the student-athlete has participated and the number of completed contests or dates of competition during that season in the sport."
Source: NCAA Division III Management Council (Committee on Interpretations and Legislation).
Effective date: Immediately.*
No. 7 Certification of Eligibility
Intent: To clarify the certification of eligibility requirements by moving current Bylaw 14.10.1 into the General Principle section of Bylaw 14.
A. Bylaws: Amend 14.01.2, by adding a new 14.01.2.2, page 95, as follows:
"14.01.2.2 Institutional Responsibility for Eligibility Certification. The chief executive officer is responsible for approving the procedures for certifying the eligibility of an institution's student-athletes under NCAA legislation. The chief executive officer may designate an individual on the institution's staff to administer proper certification of eligibility."
B. Bylaws: Amend 14.10.1, page 111, as follows:
"14.10.1 Institutional Responsibility for Eligibility Certification. The chief executive officer is responsible for approving the procedures for certifying the eligibility of an institution's student-athletes under NCAA legislation. The chief executive officer may designate an individual on the institution' s staff to administer proper certification of eligibility."
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
No. 8 End of Regular Playing Season -- Nontraditional Segment
Intent: To specify that the end of the regular playing season during the nontraditional segment shall be the first day of final examinations.
[This proposal is drafted in a nontraditional format. Appropriate editorial changes will be made in Bylaw 17 to reflect the adoption of this proposal. This bylaw reference is shown only to illustrate the recommended revision.]
Bylaws: Amend 17.4.4, page 158, as follows:
"17.4.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (games and scrimmages) in the sport of baseball by the following dates:
"(b)
"(1) Traditional Segment. The conclusion of the NCAA baseball championship in the institution's division, and
"(2) Nontraditional Segment. The last first date of final exams for the regular academic year at the institution."
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
No. 9 Annual Exemptions -- Division III Women's Ice Hockey
Intent: To specify that an institution may exempt two ice hockey contests against the US women's national team during the season leading up to the 2002 Winter Olympics.
Bylaws: Amend 17.13.5.3, pages 186-187, as follows:
"17.13.5.3 Annual Exemptions. The maximum number of ice hockey contests/dates of competition shall exclude the following (see Figure 17-16):
[17.13.5.3-(a) through 17.13.5.3-(f), unchanged.]
"(i) U.S. Women's National Team. Two women's ice hockey contests against the U.S. national women's ice hockey team during the season leading up to the 1998 2002 Winter Olympics;"
[17.13.5.3-(k) through 17.13.5.3-(l), unchanged.]
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
No. 10 Playing and Practice Seasons --
Division III Lacrosse
Intent: To specify that the sport of lacrosse is a "contest" sport.
[This proposal is drafted in a nontraditional format. Appropriate editorial changes will be made in Bylaw 17 to reflect the adoption of this proposal. This bylaw reference is shown only to illustrate the recommended revision.]
Bylaws: Amend 17.14.3, pages 188-189, as follows:
"17.14.3 First Date of Competition. A member institution shall not engage in its first date of competition contest (game or scrimmage) with outside competition in lacrosse prior to the following dates:"
[Remainder of 17.14.3 unchanged.]
Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].
Effective date: Immediately.*
*No. 11 Enforcement -- Secondary Violations
Intent: To clarify the definition of a secondary violation and to emphasize that secondary violations are distinct from and exclusive of significant recruiting inducements and extra benefits.
Bylaws: Amend 19.02.2.1, pages 243-244, as follows:
"19.02.2.1 Violation, Secondary. A secondary violation is one that a violation that is isolated or inadvertent in nature, provides or is intended to provide only a limited minimal recruiting, or competitive or other advantage and that is isolated or inadvertent in nature does not include any significant recruiting inducement or extra benefit. Repeated Multiple secondary violations by a member institution also collectively may be identified by the vice president for enforcement and student-athlete reinstatement as a major violation. If the Infractions Subcommittee determines that repeated secondary violations have occurred and that the institution is not taking appropriate action to prevent such violations, a penalty appropriate for a major violation may be imposed considered as a major violation."
[19.02.2.2 unchanged.]
Source: NCAA Division III Presidents Council [Management Council (Committee on Infractions)].
Effective date: Immediately.*
*No. 12 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 considered an institutional violation.
Bylaws: Amend 30.5, page 287, 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 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 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 III Presidents Council [Management Council (Committee on Competitive Safeguards and the Medical Aspects on Sport)].
Effective date: Immediately.*
*No. 13 Waiver of Commitment to Participate
Intent: To eliminate the opportunity for a waiver of the commitment to participate, specific to the 1999 NCAA Division III baseball championships, due to the baseball bat issue.
Bylaws: Amend 31.2.1.1.1, page 298, as follows:
"31.2.1.1.1 Waiver-Division III. For the 1999 NCAA Division III Baseball Championship only, the Management Council may grant a waiver of the commitment to participate for an institution that is unable to participate because institutional policy precludes the institution from competing against teams that do not use the three-prong standard for baseball bats."
Source: NCAA Division III Presidents Council [Management Council (Interpretations and Legislation Committee)].
Effective date: Immediately.*
*No. 14 Committee on Infractions --
Summary Disposition
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 32.6.2.4.2, page 328, as follows:
"32.6.2.4.2 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 subcommittee, the institution and/or the involved parties will have the right to appeal those penalties to the NCAA Division III Infractions Appeals Committee in accordance with Bylaws 32.10 and 32.11."
B. Bylaws: Amend 32.6.2.4.3, page 328, as follows:
"32.6.2.4.3 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 III Infractions Appeals Committee in accordance with Bylaws 32.10 and 32.11."
Source: NCAA Division III Presidents Council [Management Council (Committee on Infractions)].
Effective date: Immediately.*
No. 15 Committee on Infractions -- Quorum
Intent: To specify that the Committee on Infractions must have at least three subcommittee members to establish a quorum.
Bylaws: Amend 32.7.6.4, page 330, as follows:
"32.7.6.4 Voting Requirements. The finding of a violation or the imposition of a penalty or recommended action shall be by majority vote of the members of the subcommittee present and voting. If fewer than eight members are present, any subcommittee action requires a favorable vote of at least four three subcommittee members."
Source: NCAA Division III Presidents Council [Management Council (Committee on Infractions)].
Effective date: Immediately.*