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The NCAA Division III 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 III 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 III 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.
Those items the Management Council has not yet reviewed in legislative form are marked with an asterisk. Bold type indicates new wording; italicized type indicates wording removed.
*No. 1 Length of Provisional Membership
Intent: To specify that provisional membership shall not be less than four years.
Constitution: Amend 3.6.1.1.1, page 17, as follows:
"3.6.1.1.1 Four-Year Provision. Provisional membership shall be limited to not be less than a four-year period. At the end of the four-year period, a provisional member shall be eligible to apply for active membership (see 3.2.3)."
Source: NCAA Division III Management Council (Membership Committee).
Effective date: Immediately.*
No. 2 Provisional Membership --
Four-Year Progression
Intent: To specify that years three and four of the provisional membership period must be completed consecutively.
A. Constitution: Amend 3.6.1.2.1, page 17, as follows:
"3.6.1.2.1 Four-Year Progression. During the first and second years of provisional membership, an institution shall apply the legislation of the Association to the greatest extent possible. During the third and fourth years of provisional membership, an institution shall administer its athletics program in accordance with the constitution, bylaws and other legislation of the Association. The third and fourth years of provisional membership must be completed consecutively."
B. Constitution: Amend 3.6.4.1, page 19, as follows:
"3.6.4.1 General. During the first and second years of the four-year provisional membership, an institution shall apply the legislation of the Association to the greatest extent possible. During the third and fourth years of provisional membership, an institution shall administer its athletics program in accordance with the constitution, bylaws and other legislation of the Association. The third and fourth years of provisional membership must be completed consecutively."
Source: NCAA Division III Management Council (Membership Committee).
Effective date: Immediately.*
*No. 3 Four-Year College Transfers --
Two-Year Nonparticipation Exception
Intent: To clarify that for a four-year college transfer to use the two-year nonparticipation exception, a student-athlete for a consecutive two-year period immediately prior to the date on which the student begins participation has neither practiced nor competed in the involved sport and has neither practiced nor competed in organized noncollegiate amateur competition while enrolled as a full-time student.
Bylaws: Amend 14.5.5.3.8, page 108, as follows:
"14.5.5.3.8 Two-Year Nonparticipation Exception. The student transfers to the certifying institution from another four-year college and, for a consecutive two-year period immediately prior to the date on which the student begins participation (practice and/or competition), the student has neither practiced nor competed in the involved sport in intercollegiate competition, or and has neither practiced nor competed in organized noncollegiate amateur competition while enrolled as a full-time student in a collegiate institution. This two-year period does not include any period of time prior to the student's initial collegiate enrollment."
Source: NCAA Division III Management Council (Interpretations and Legislation Committee).
Effective date: Immediately.*