NCAA News Archive - 2001

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Modification of wording


Aug 27, 2001 4:14:37 PM


The NCAA News

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 2002 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 refer to the 2000-01 NCAA Division II Manual.

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

*No. 1 Certification of Eligibility

Intent: To specify that institutions are required to certify the eligibility of a student-athlete before his or her competition.

A. Constitution: Amend 3.2.4.3, page 9, as follows:

"3.2.4.3 Certification of Eligibility/Declaration of Ineligibility. The active member is responsible for certifying the eligibility of student-athletes under the terms of the constitution, bylaws or other legislation of the Association before permitting a student-athlete to represent the institution in intercollegiate competition. Procedures for eligibility certification shall be approved by the chief executive officer, who may designate an individual on the institution's staff to administer proper certification of eligibility. The institution shall be obligated immediately to apply all applicable rules and withhold ineligible student-athletes from all intercollegiate competition (see Bylaw 14.11). See Bylaw 14.12 for procedures regarding restoration of eligibility."

B. Bylaws: Amend 14.01.1, page 103, as follows:

"14.01.1 Institutional Responsibility. An institution shall not permit a student-athlete to represent it in intercollegiate athletics competition, unless the student-athlete meets all applicable eligibility requirements and the institution has certified the student-athlete's eligibility."

C. Bylaws: Amend 14.10.1, page 133, 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. Certification of eligibility must occur prior to allowing a student-athlete to represent the institution in intercollegiate competition. See Bylaw 14.01.1."

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

Effective date: Immediately.*

No. 2 Legislative process -- Amendment-to-Amendment Requirements

Intent: To specify that amendment-to-amendments may be sponsored by one conference or eight active member institutions.

[Note: This amendment will be moot if 2001 NCAA Convention Proposal No. 10 is defeated.]

Bylaws: Amend 5.3.4.2, page 36, as follows:

"5.3.4.2 Amendment-to-Amendment. An amendment to an amendment of a provision of the bylaws may be sponsored by:

"(a) The Presidents Council;

"(b) Eight or more active member institutions with voting privileges on written verification of sponsorship signed by each sponsoring member's chief executive officer or the chief executive officer's designated representative;

"(c) At least one member conference with voting privileges when submitted by the chief elected or executive officer of the conference on behalf of 15 8 or more of their active member institutions and signed by the chairs of the conference's official presidential administrative groups or at least two chief executive officers of a conference's member institutions if a conference has no presidential administrative group."

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

Effective date: August 1, 2001.

No. 3 Eligibility -- Seasons of Competition

Intent: To specify that an individual who discontinues high-school enrollment to participate in outside competition may be charged with a season(s) of competition.

Bylaws: Amend 14.2.4.2, page ___, by adding new 14.2.4.2.1.

"14.2.4.2.1 Discontinued High-School Enrollment. An individual who discontinues high-school enrollment and subsequently participates in activities that meet the criteria set forth in 14.2.4.2.3 shall utilize a season of intercollegiate competition for each calendar year or sports season of participation regardless of the date the individual's high-school class normally graduates."

[14.2.4.2.1 and 14.2.4.2.2 renumber as 14.2.4.2.2 and 14.2.4.2.3 unchanged.]

Source: NCAA Division II Presidents Council [Management Council (Amateurism Project Team)].

Effective date: August 1, 2001; for students first entering a collegiate institution on or after August 1, 2001.


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