NCAA News Archive - 2000

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Noncontroversial legislative proposals


Sep 11, 2000 8:47:43 AM


The NCAA News

Pursuant to NCAA Constitution 4.7.3-(d) and 5.3.1.1.1, the NCAA Division III Management Council has determined that the following proposals are noncontroversial and necessary to promote the normal and orderly administration of the Association's legislation. The Division III Management Council, by a three-fourths majority of its members present and voting, shall have the authority to adopt noncontroversial amendments, subject to ratification by the Division III Presidents Council.

Proposals that are ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted as legislation at the 2001 NCAA Convention. Those items the Management Council has not yet reviewed in legislative form are marked with an asterisk.

All legislative citations and governing bodies are reflected as they now appear in the 1999-00 NCAA Division III Manual.

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

*No. 1 Membership Moratorium

Intent: To establish a moratorium on the election of new provisional members in Division III.

Constitution: Amend 3.1 by adding new 3.1.3, page 8, as follows:

"3.1 Eligibility for Membership

[3.1.1 and 3.1.2 unchanged]

"3.1.3 Membership Moratorium. For a two-year period beginning April 27, 2000, an institution shall not be elected to Division III provisional membership."

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

Effective date: Immediately.*

*No. 2 Provisional Membership Application Deadline

Intent: To specify that NCAA provisional membership applications must be received in the NCAA national office by June 15.

Constitution: Amend 3.6.3.2, pages 18-19, as follows:

"3.6.3.2 Application. An institution desiring to become a provisional member of this Association shall apply on a form available from the national office. An application fee in the amount of $2,500 shall accompany the application form. The completed application must be received in the national office by June 15. In addition, a check in the appropriate amount for annual dues (see the current annual dues for active members per 3.7.3) also shall accompany the application. Should the applicant fail to qualify academically or fail election, the dues paid shall be refunded."

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

Effective date: Immediately.*

*No. 3 Provisional Membership -- Annual Report

Intent: To specify that NCAA provisional members must submit an annual report, as defined in the provisional member education program, by the June 15 deadline.

Constitution: Amend 3.6.4.2, page 19, 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 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. The annual report shall be completed in accordance with requirements set forth in the Division III provisional member education plan."

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

Effective date: Immediately.*

*No. 4 Provisional Membership --
Convention Attendance

Intent: To specify that NCAA provisional members must be represented at the NCAA Convention by the institution's chief executive officer and one athletics administrator during each year of provisional membership.

Constitution: Amend 3.6.4.4, page 19, as follows:

"3.6.4.4 Convention and Regional Seminar Attendance. A representative The chief executive officer and one athletics administrator from a provisional institution shall attend the annual Convention of the Association each year during the provisional membership period. Provisional members of Divisions I and II also shall attend at least one regional compliance seminar each year conducted by the NCAA or a member conference."

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

Effective date: Immediately.*

No. 5 Provisional Membership -- Repeat of Provisional Membership

Intent: To specify that a provisional member may repeat only one year during its provisional membership period.

Constitution: Amend 3.6.4, by adding new 3.6.4.7, page 19 as follows:

"3.6.4.7 Repeat of Provisional Membership. The Management Council upon recommendation from the Membership Committee, may require a provisional member to repeat any one of the four years of the provisional membership period. An institution may repeat only once during the four-year provisional membership period."

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

Effective date: Immediately.*

No. 6 Division III Management Council -- Administrative Review Subcommittee

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

Constitution: Amend 4.7.3, pages 24-25, as follows:

"4.7.3 Duties and Responsibilities. The Division III Management Council shall:

[4.7.3-(a) though 4.7.3-(g) unchanged]

"(h) Review appeals by member institutions of decisions made by a Division III 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. The Management Council shall review the complete record in order to determine whether there is sufficient basis to grant relief from the application of the legislation. All waiver decisions shall be reported to the Division III Presidents Council for ratification; and"

[4.6.2-(i) unchanged]

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

Effective date: Immediately.*

No. 7 Amateurism -- Exception for Commemorative Items

Intent: To permit student-athletes with eligibility remaining to receive commemorative items incidental to participation in the Olympic Games, World University Games, Pan American Games, World Championships and World Cup events.

Bylaws: Amend 12.1.1.4, by adding a new 12.1.1.4.11, pages 56-59, as follows:

"12.1.1.4.11 Commemorative Items for Student-Athletes Participating in Olympic Games, World University Games, Pan American Games, World Championships and World Cup events. It is permissible for student-athletes with eligibility remaining to receive commemorative items incidental to participation in the Olympic Games, World University Games, Pan American Games, World Championships and World Cup events through the applicable national governing body (or, for foreign student-athletes, the equivalent organization of that nation). These benefits may include, but are not limited to, apparel, leisure wear, foot wear and other items that are provided to all athletes participating in the applicable event."

Source: NCAA Division III Presidents Council [Management Council (Olympics Sports Liaison Committee)].

Effective date: Immediately.*

*No. 8 Expenses for Competition

Intent: To amend permissible actual and necessary expenses and departure/return regulations by reformatting the legislation.

A. Bylaws: Amend 16.7.1, page 135, as follows:

"16.7.1 Away-From-Home Contests. The institution may pay the actual costs (but may not provide cash) for reasonable entertainment that takes place within a 100-mile radius of where a team plays or practices in connection with an away-from-home contest or en route to or from such a contest. It is not permissible for a team to depart more than 48 hours prior to or to remain more than 36 hours after an event or to transport the team to another area for entertainment purposes.

[16.7.1.1, unchanged.]

"16.7.2 Departure/Return Restrictions. It is not permissible for a team to depart more than 48 hours prior to or to remain more than 36 hours after an event or to transport the team to another area for entertainment purposes.

"16.7.2.1 Exceptions. The time limitations related to the provisions of travel expenses do not apply in the following circumstances:

(a) Travel prior to and following contests in Hawaii or Alaska;

(b) Travel prior to and following contests in the 48 contiguous states for member institutions located in Hawaii and Alaska; or

(c) Travel prior to and following regular-season competition that takes place during the institution's official vacation period during the academic year;.

(d) Travel prior to contests in NCAA championship events, NGB championship vents in an emerging sport or certified postseason football games; or

(e) Travel prior to the National Football Foundation Hall of Fame benefit game or the American Football Coaches Retirement Trust benefit game."

[16.7.3 and 16.7.4, renumbered as 16.7.2 and 16.7.3, unchanged.]

B. Bylaws: Amend 16.8.1.2, page 136, as follows:

"16.8.1.2 Competition While Representing Institution. An institution may provide actual and necessary travel expenses (e.g., transportation, lodging and meals) to a student-athlete for participation in athletics competition, provided the student-athlete competes in the uniform of the institution and, who is eligible for collegiate competition, provided the student-athlete departs for the competition no earlier than 48 hours prior to the start of the actual competition and remains no more than 36 hours following the conclusion of the actual competition even if the student-athlete does not return with the team. Violations of this bylaw shall be considered institutional violations per 2.8.1, however, they shall not affect the student-athlete's eligibility. Such competition includes:

"(a) Regularly scheduled intercollegiate athletics events; or

"(b) NCAA championship events and NGB championship events in an emerging sport;.

"(c) A certified postseason football game (see 18.7 and 30.9 for conditions required for certification);

"(d) Noncollegiate open, amateur competition; and

"(e) Other institutional competition permissible under NCAA legislation, including postseason events.

"16.8.1.2.1 Departure/Return Expense Restrictions. An eligible student-athlete may receive actual and necessary travel expenses to represent the institution in athletics competition, provided the student-athlete departs for the competition no earlier than 48 hours prior to the start of the actual competition and remains no more than 36 hours following the conclusion of the actual competition even if the student-athlete does not return with the team."

[16.8.1.2.1.1 renumbered as 16.8.1.2.1, unchanged.]

Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].

Effective date: Immediately.

*No. 9 Expenses for Practice and Competition -- During Vacation Period

Intent: To amend legislation relating to permissible team transportation that may be provided by an institution to a student-athlete that occurs during a vacation period.

Bylaws: Amend 16.8.1.5, page 137, as follows:

"16.8.1.5 Travel to NCAA Championships, NGB Championships in Emerging Sports and Postseason Bowl Games During Vacation Period. The institution may provide team transportation for a student-athlete to travel from campus to the site of an NCAA championship or NGB championship in an emerging sport.

"16.8.1.5.1 General Rule. The institution may provide team transportation for a student-athlete to travel from campus to the site of an NCAA championship, NGB championship in an emerging sport or a postseason bowl game and back to campus.

"16.8.1.5.1.1 Exceptions

"(a) Student-Athlete Does Not Use Team Transportation. If the student-athlete goes home during the vacation period, the institution may provide (in lieu of team transportation) the greater of the transportation costs for the student-athlete to travel from:

(1) Campus to the event site and back to campus;

(2) Campus to the student-athlete's home and back to campus; or

(3) The student-athlete's home to the event site and back home

"(b) Student-Athlete Uses "Leg" of Team Transportation. An institution that provides one "leg" of actual team transportation (i.e., campus to the event site or from the event site back to campus) must deduct the value of the actual transportation cost of that "leg" from the allowance provided the student-athlete in (a) above.

"(c) Second Trip Home. If a student-athlete either uses team transportation to travel from campus to the event site and back to campus, or participates in an event that takes place in the institution's home community, and also has personally paid for a round-trip ticket home during that same vacation period, that student-athlete may be provided actual transportation expenses to travel between campus and home on a second occasion during that same period."

Source: NCAA Division III Presidents Council [Management Council (Committee on Interpretations and Legislation)].

Effective date: Immediately.

*No. 10 Championships -- Eligibility -- Division III

Intent: To clarify the reinstatement conditions for a student-athlete, rendered ineligible through a positive drug test, who later transfers and competes at non-NCAA institutions.

Bylaws: Amend 18.4.1.5.1, page 239, as follows:

"18.4.1.5.1 Duration of Ineligibility. A student-athlete who tests positive (in accordance with the testing methods authorized by the Executive Committee) 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 for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the student-athlete's positive drug test, and 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 Eligibility Subcommittee Committee on Infractions and Student-Athlete Reinstatement. If the student-athlete immediately transfers to a non-NCAA institution while ineligible and competes in collegiate competition within the 365-day period at a non-NCAA institution, the student-athlete will be ineligible for all NCAA regular season and postseason competition until the student-athlete does not compete in collegiate competition for a 365-day period. Furthermore, the student-athlete must retest negative (in accordance with the testing methods authorized by the Executive Committee) and the student-athlete's eligibility must be restored by the Committee on Student-Athlete Reinstatement. If the student-athlete transfers to another NCAA institution while ineligible, the institution from which the student-athlete transferred must notify the institution that the student-athlete is ineligible. If the student-athlete tests positive a second time for the use of any drug, other than a "street drug" as defined in 31.2.3.1, 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 be charged with the loss of 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. In addition, a student-athlete who has previously tested positive for performance-enhancing drugs as a result of a drug test 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."

[18.4.1.5.2 through 18.4.1.5.3 unchanged.]

Source: NCAA Division III Presidents Council [Management Council (Committee on Competitive Safeguards and Medical Aspects of Sports)].

Effective date: Immediately.*

No. 11 Emerging Sports -- Equestrian

Intent: To remove the sport of equestrian as an emerging sport for women.

Bylaws: Amend 20.02.5, pages 253-254, as follows:

"20.02.5 Emerging sports for Women. The following shall be considered emerging sports for women and countable for purposes of revenue distribution (i.e., for sports sponsorship and grants-in-aid):

[20.02.5-(a) unchanged.]

"(b) Individual Sports: Archery, badminton, bowling, equestrian and squash."

[Remainder of 20.02.5 unchanged.]

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

Effective date: Immediately.

*No. 12 Committee on Competitive Safeguards and Medical Aspects of Sports -- Composition

Intent: To specify that the position allocated for secondary interests be filled by the National Federation of State High School Association's (NFSHSA) staff liaison to the Sports Medicine Advisory Board.

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

Bylaws: Amend 21.1.2.1, pages 265-266, as follows:

"21.1.2.1 Composition. The Committee on Competitive Safeguards and Medical Aspects of Sports shall consist of 15 members, including five positions allocated for men, five allocated for women and five unallocated. The membership of the committee shall be constituted as follows:

[21.1.2.1-(a) through 21.1.2.1-(g) unchanged.]

"(h) One member representing secondary schools interests. This individual shall be the National Federation of State High School Association staff liaison to the Sports Medicine Advisory Board and shall be eligible for reappointment without restriction."

[Remainder of 21.1.2.1 unchanged.]

Source: NCAA Division III Presidents Council [Management Council (Committee on Competitive Safeguards and Medical Aspects of Sports)].

Effective date: Immediately.*

No. 13 Association-Wide Committees --
National Youth Sports Program Committee

Intent: To expand the National Youth Sports Program Committee from five to nine members, as specified.

[Note: The proposed change involves a common provision and, thus, must be approved by each of the Divisions I, II and III memberships acting independently.]

Bylaws: Amend 21.1.6.1, page 266, as follows:

[Common provision, all divisions, divided vote]

"21.1.6.1 Composition. The National Youth Sports Program Committee shall consist of five nine representatives from active member institutions or conferences of the Association, including two positions allocated for men, two allocated for women and one five unallocated, and an appropriate number of ex officio members representing the federal government. The representatives, with the exception of the Division III Management Council representative, shall have recent experience in the administration of a National Youth Sports Program. The membership of the committee shall be constituted as follows:

"(a) Five members from Division I, with at least one member each from Division I-A, Division I-AA, and Division I-AAA. The remaining two members shall be at-large representatives. It is preferred that all Division I representatives represent an institution that hosts a National Youth Sports Program or have three years prior experience working with the National Youth Sports Program; and

"(b) Two members from Division II and two members from Division III. One member from each division being appointed shall be a member of the Management Council. The other member representing each division shall be appointed at-large and represent an institution that hosts a National Youth Sports Program or have three years prior experience working with the National Youth Sports Program."

Source: NCAA Division III Presidents Council [Management Council (National Youth Sports Program Committee)].

Effective date: Immediately.*

*No. 14 Nominating Committee -- Composition

Intent: To eliminate the requirement that administrators who also serve as coaches may serve only as administrators on NCAA committees.

Bylaws: Amend 21.8.1.4.2, page 272, as follows:

"21.8.1.4.2 Composition Requirements. At least 50 percent of the positions on each team sports committee and at least 25 percent of the positions on each individual sports committee shall be filled by athletics administrators (i.e., athletics directors, associate or assistant athletics directors, senior woman administrators, individuals who are employed full time as administrators by member conferences, or individuals who are employed both part time as administrators by member conferences and full time by member institutions) who also do not serve as institutional coaching staff members in that Division III sport."

Source: NCAA Division III Presidents Council [Management Council (Nominating Committee)].

Effective date: Immediately.*

*No. 15 Interpretations and Legislation
Committee -- Composition

Intent: To increase the Interpretations and Legislation Committee by one member.

Bylaws: Amend 21.8.6.5.1, page 276, as follows:

"21.8.6.5 Committee on Interpretations and Legislation

"21.8.6.5.1 Composition. The Committee on Interpretations and Legislation shall consist of seven eight members. One shall be a member of the Management Council, one shall be a student-athlete representative and at least one shall be a member of an ethnic minority. At least three positions shall be allocated for men and at least three allocated for women."

Source: NCAA Division III Presidents Council [Management Council (Interpretations and Legislation Committee)].

Effective date: Immediately.*

No. 16 Term of Office --
Student-Athlete Advisory Committee

Intent: To specify that a member of the Student-Athlete Advisory Committee may serve a three-year nonrenewable term and may not serve more than one year beyond the completion of his or her eligibility. Further, to specify that committee members shall begin their terms on September 1 and end on August 31.

Bylaws: Amend 21.8.6.8.2, page 277, as follows:

"21.8.6.8.2 Term of Office. A student-athlete member shall not serve more than two three years on the committee but and may not be reappointed for another two-year term, subject to the chair's approval. Student-athletes may serve on the committee up to two one years after completion of their intercollegiate athletics eligibility. A member shall commence service on the first day following the member's election."

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

Effective date: Immediately.*

No. 17 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 291, 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 III Presidents Council [Management Council (Committee on Interpretations and Legislation)].

Effective date: Immediately.*

*No. 18 Banned-Drugs List

Intent: To specify that the banned-drug list is subject to change and that institutions and student-athletes shall be held accountable for all banned drug classes on the list.

Bylaws: Amend 31.2.3.1, pages 301-303, as follows:

"31.2.3.1 Banned Drugs. The following is the list of banned-drugs classes:. The list is subject to change and institutions and student-athletes shall be held accountable for all banned-drug classes on the current list. The current list is located on the NCAA Web site (i.e., www.ncaa.org) or may be obtained from the NCAA national office."

[remainder of 31.2.3.1 unchanged]

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

Effective date: Immediately.*

No. 19 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, pages 312-313 as follows:

[Common provision, all divisions, divided vote]

"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 III Presidents Council (Management Council).

Effective date: Immediately.*


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