NCAA News Archive - 2001

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Bylaw 16 panel also pursuing student-athlete-friendly rules


May 21, 2001 10:38:44 AM


The NCAA News

 

Another Division I group working on deregulation is the Championships/Competition Cabinet, which has formed a subcommittee to examine Bylaw 16.

The subcommittee's goals to simplify the bylaw regarding awards and benefits for student-athletes are much the same as those of the Bylaw 15 group -- to keep student-athletes' best interests in mind.

"We want to make it so that Division I student-athletes are receiving the benefits that they should receive," said Linda G. Herman, associate director of athletics at Illinois State University and chair of the Subcommittee on Deregulation of Bylaw 16.

To date, much of the subcommittee's work has focused on simplifying Bylaw 16. A package of editorial proposals has been approved by the Division I Management Council and will be reflected in the 2001-02 Manual. Other noncontroversial proposals have been initially approved by the Division I Management Council and are out for membership comment. And others that likely will generate more discussion are still under review.

Herman said the deregulation in this case is intended to reduce and simplify the legislation while, within reason, increasing those benefits that would enhance student-athletes' academic experience.

That would include obvious features such as institutions having the discretion to provide or finance appropriate academic counseling or tutoring, but it also would include loosening restrictions in other areas that might cause some NCAA members to feel tremors on the competitive-equity fault line.

One proposal, for example, would allow schools to provide for all medical and dental expenses that are directly or indirectly related to athletics participation. Other proposals would loosen the reins on snacks and meals for student-athletes and their parents, or would open up the types and value limits of awards that may be provided to student-athletes.

Those areas are where the demarcation between a "right" and a "perk" can blur in the minds of athletics administrators. But Herman echoed the sentiments of Sandee L. Hill (chair of the Bylaw 15 deregulation group), saying that at some point, rules have to stop and institutional discretion has to start. Deregulation's success relies on athletics administrators doing the right thing.

"We have to realize that the competitive-equity concern already exists (whether we deregulate or not), so if we're asking ourselves if what we're doing widens the concern even more, perhaps it does, but whether the student-athlete is receiving the benefits that he or she should be receiving is more important than the competitive-equity issue," Herman said.

"The way our Manual spun out of control over the years is because we've tried to legislate integrity," said Championships/Competition Cabinet Chair Jean Lenti Ponsetto. "We need to get out of the business of killing trees and wasting paper to regulate things that we all know are wrong, or above and beyond the intent of the legislation. The longer you're involved in compliance, the more you really want to rely on your colleagues to do what's in the best interests of student-athletes and at the same time maintain some semblance of a level playing field."

Ponsetto, the senior associate director of athletics at DePaul University, said because Bylaw 16 deals specifically with student-athlete welfare issues, it presents one of the more obvious opportunities to deregulate the Manual to provide services to student-athletes that will enhance the quality of their campus lives.

But Ponsetto also knows that opening up benefits for student-athletes brings out the distrust among member institutions. For that reason, the changes might meet resistance when proposed. Also, proposals such as the one to increase medical benefits touch institutional bottom lines. Because that proposal might include medical expenses that are not incidental to participation, it might require institutions to increase their insurance coverage for student-athletes to a more comprehensive program beyond just athletically related injuries.

"We said whatever it took for student-athletes to be able to compete and participate from a medical standpoint would be appropriate," Ponsetto said.

That gets back to what Herman said about providing the benefits student-athletes should expect. Those also include academic-support services. Ponsetto said deregulation in that area would go beyond the realm of just "providing tutoring assistance, and be much more inclusive when it comes to counseling, whether it be academic, mental health, performance enhancement, whatever." She said those are the kinds of benefits that would help student-athletes achieve their academic goals.

But as with the amateurism deregulation package, which looks much different now than when it was proposed, the level of membership acceptance is still unclear.

"We wanted to do what's fairest for student-athletes but not to rise to the level of being unreasonable with extra benefits," Ponsetto said.

It may be left to the membership to define what "unreasonable" is.

-- Gary T. Brown

Bylaw 16 deregulation proposals

The following are intent statements from Bylaw 16 deregulation proposals currently under consideration:

To simplify the rules and regulations regarding the types and value limits of awards that may be provided to student-athletes.

To require institutions to make available general academic counseling and tutoring services to all student-athletes; further, to permit institutions to finance other academic and support services that the institution in its discretion determines to be appropriate and necessary for the academic success of its student-athletes.

To revise editorially legislation related to the provision of academic and other support services, as specified.

To permit an institution to provide all medical and dental expenses that the institution in its discretion determines to be incidental to an enrolled student-athlete's participation, as specified.

To permit an institution to provide expenses for a student-athlete and the student-athlete's teammates to be present in situations in which any family member of the student-athlete dies or suffers a life-threatening injury or illness, without restricting such expenses to a 100-mile radius from campus or requiring a pre-existing relationship between the teammates and the deceased or injured individual.

To permit a member institution to provide reasonable refreshments to the parents (or legal guardians) of a student-athlete on an occasional basis.

To permit an institutional staff member or a representative of an institution's athletics interests to provide a student-athlete or team with an occasional meal (and transportation to attend the meal) at any location in the locale of the institution on infrequent and special occasions.


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