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Following are the minutes of the January 5 meeting of the Division III Management Council in Orlando, Florida. All actions taken by the Management Council are included. Highlights of the meeting were reported in the January 15 issue of The NCAA News.
1. Announcements. Walter Johnson, chair, reviewed the meeting schedule. The chair announced the resignations of Katherine Keough, president, St. John Fisher College, for personal reasons, and Kathryn Springsteen, due to her new position as vice-president for academic affairs at Wilmington College (Ohio).
2. Review of Roster, Future Meeting Schedule and Division III Newsletter. The Management Council reviewed the roster, future meeting schedule and Division III newsletter.
3. Previous Minutes. The Management Council reviewed the minutes of its October 25-26, 2000, meeting, the November 1, 2000, Presidents Council meeting, and the November 2, 2000, Executive Committee meeting.
It was voted that the minutes of the Management Council's October 25-26, 2000, meeting be approved as amended.
4. Division III Strategic Planning -- Updated Scorecards. The Management Council endorsed the strategic-planning scorecards.
5. Committee/Subcommittee Reports.
a. Association-Wide Committees.
(1) Committee on Competitive Safeguards and Medical Aspects of Sports. The Management Council accepted the information that the Women's Lacrosse Protective Eyewear Project Team was established. The Council recommended that the committee consider "recommending" protective equipment as opposed to "requiring" such equipment, based on review of data and findings, and to support and assist in the development of quality protective eyewear equipment, if necessary.
(2) Honors Committee. The Management Council:
(a) Recommended that the Presidents Council request that the committee exercise greater diligence and responsiveness to diversity in its selection of future speakers and that this principle be approved by the Executive Committee.
The Council also:
(b) Accepted information regarding the 2001 Honors Dinner selections for the Silver Anniversary Awards, Top VIII Awards, Theodore Roosevelt Award and the Award of Valor.
Silver Anniversary Award: Alpha Alexander, College of Wooster; Archie Griffin, Ohio State University; Steve Largent, University of Tulsa; Steve Raible, Georgia Institute of Technology; Lee Roy Selmon, University of Oklahoma; and Wally Walker, University of Virginia.
Top VIII selections: Drew Brees, Purdue University; Matthew Busbee, Auburn University; Alia Fischer, Washington University (Missouri); Andrea Garner, Pennsylvania State University; Kristy Kowal, University of Georgia; Kevin Listerman, Northern Kentucky University; Amanda Scott, California State University, Fresno; and Josh Sims, Princeton University.
Theodore Roosevelt selection: William S. Cohen, Bowdoin College.
Award of Valor selection: Rob Best, Shawn Elliot and Stacy Searels, Appalachian State University.
(3) Minority Opportunities and Interests Committee. The Management Council:
(a) Accepted information that the committee developed a working model of a Leadership Institute for ethnic minority males in response to the lack of opportunities to enhance development of ethnic minority male administrators to assume positions of leadership in intercollegiate athletics.
The Council:
(i) Endorsed increased funding to NACWAA in support of the NACWAA/HERS Institute for Administrative Advancement for Women.
(ii) Recommended that the committee consider including minority women participants in the NCAA Leadership Institute for ethnic minority males.
The Council also accepted information:
(b) That the committee approved its revised strategic plan.
(c) That the Executive Committee Subcommittee on Gender and Diversity Issues met jointly with the Committee on Women's Athletics to prioritize initiatives to promote gender and ethnic diversity issues for fiscal-year 2001-02, as identified in the five-year budget plan.
(d) That the committee agreed on the importance of hosting, with the Committee on Women's Athletics, the Summit on Athletics Opportunities for Minority Women in order to monitor progress and future initiatives of summit participants.
(e) That the committee continues to be concerned about the lack of accurate data to assess equity in officiating high-profile sports.
(4) Olympic Sports Liaison Committee. The Management Council recommended that the Presidents Council:
(a) Approve a second in-person meeting for the committee for 2000-01.
(b) Approve and forward to the Executive Committee a waiver for 2000-01, only per NCAA Executive Regulation 31.7.2.1.5-(b) (the requirement that committees that meet more than once per year are required to conduct a least one-half of the meetings in the Indianapolis metropolitan area).
The Council also:
(c) Referred to the Division III Amateurism Task Force the issue of Operation Gold grants, which permit individuals to accept funds based on actual place finish in selected events, and asked the task force to consider related legislation for the 2002 NCAA Convention, in conjunction with any Division III amateurism package.
(d) Accepted the information that the committee met with representatives from USA Hockey, USA Curling, U.S. Squash Racquets Association, American Water Ski Association, U.S. Soccer Federation, USA Swimming, USA Bowling, USA Volleyball and the U.S. Figure Skating Association.
(e) Accepted the information that an overview of USOC/NCAA Conference Grant Program was presented to the committee. The Council noted that Division III has benefited from the grant program, particularly in sports of fencing, women's rowing and women's ice hockey.
(5) Postgraduate Scholarship Committee. The Management Council received an oral report of the work of the committee.
(6) Research Committee. The Management Council received an oral report of the work of the committee.
(7) Committee on Sportsmanship and Ethical Conduct. The Management Council:
(a) Supported the proposal in concept to create or expand the existing NCAA speakers bureau with guaranteed funding to address sportsmanship and ethical conduct issues, beginning in 2002-03. The Council noted that the proposal should include appropriate administrative structure (that is, sportsmanship and ethical conduct staff) to support the concept.
The Council also accepted information:
(b) That the committee selected Safiya Ingram, a women's track and field student-athlete from the University of Alabama, Tuscaloosa; and George Audu, a men's track and field student-athlete from Pennsylvania State University, as the Division I Sportsperson of the Year Award winners. Lindsey Morton, a women's tennis student-athlete at Ferrum College, also was selected as the Division III female Sportsperson of the Year Award winner.
(c) That the committee will invite representatives from the Collegiate Commissioners Association (CCA), collegiate baseball and various officiating organizations to its May meeting to discuss sportsmanship and ethical conduct issues. The committee will invite the president of each college division of the CCA to attend.
(d) That the committee received a report regarding gambling initiatives that included a review of the following topics: (i) a study to be conducted by the NCAA into the gambling habits of student-athletes; (ii) federal legislation on gambling; (iii) new student-athlete reinstatement sanctions for student-athletes in Division I found to have been involved in sports wagering; (iv) the development of new gambling posters, and videos; and (v) background checks for men's and women's basketball officials.
(8) Walter Byers Scholarship Committee. The Management Council received an oral report of the work of the committee.
(9) Committee on Women's Athletics. The Management Council received an oral report of the work of the committee.
b. Management Council Subcommittees.
(1) Academic Issues Subcommittee. The Management Council received an oral report of the work of the committee.
(2) Administrative Review Subcommittee. The Management Council:
(a) Approved the subcommittee's amended policies and procedures.
(b) Approved the subcommittee's actions from September 15 through November 15, 2000.
The Council also accepted information:
(c) That the subcommittee reviewed its philosophy to review membership requests to waive the normal application of the legislation when extreme or extraordinary circumstances are present.
(d) That the committee directed staff to amend the application to state that cases that are not received within two weeks of competition/or specific event related to the request, may not be considered in time.
(e) That the subcommittee adopted information standards for institutions to meet when requesting relief from the transfer legislation if a student-athlete transfers for academic reasons. The subcommittee noted that meeting these standards does not indicate the request will be granted. However the information is necessary in order for the case to be reviewed.
(f) That in order to ensure consistency, the subcommittee determined that the specific information will be required if a learning disability is cited as one of the reasons why relief is warranted.
(g) That it directed staff to deny cases involving academic transfers under specified case precedent.
(h) That it directed the staff to deny transfer for athletics reasons under specified case precedent.
(i) That the committee directed staff to deny all waivers of graduate transfer legislation (Bylaw 14.1.7) based on consistent case precedent.
(4) Playing and Practice Seasons Subcommittee. The Management Council received an oral report of the work of the subcommittee.
c. Division III Committees.
(1) Amateurism Task Force. The Management Council received an oral report of the work of the committee.
(2) Budget Committee. The Management Council:
(a) Reviewed projected 2000-01 Division III revenue and expenses.
(b) Discussed the purpose of the Division III reserve (35 percent of annual operating revenue) and noted two primary reasons for its existence:
(i) Status of new Division III initiatives and program allocations.
(ii) Unexpected shortfalls in championships travel.
(c) Noted that the committee might need to review the future status of the reserve.
(3) Championships Committee. The Management Council received an oral report of the work of the committee. The Council noted that the issue of automatic qualification for individual/
team sports will be an agenda item for its January 24-26 meeting.
(4) Financial Aid and Awards Committee. The Management Council recommended that the Presidents Council:
(a) Endorse the establishment of a Division III financial aid audit model to clarify compliance and enforcement processes related to 2001 NCAA Proposal No. 46, noting:
(i) Audit report procedures
To minimize cost, consider an annual athletics audit performed by institutional research staff and use outside auditor every three years to minimize cost.
Amend audit comparison procedures to properly reflect legislation "... randomly select 10 percent of the institution's student-athlete population to be compared with the general student population for auditing purposes."
Consider audit comparison between student-athletes and nonstudent-athlete population (would require legislative change).
Consider a requirement for analysis to include all sports at least once every three years.
(ii) Audit results
Limit designated audit recipients to the NCAA. Conferences and institutions can determine additional recipients and related procedures, if desired.
Include the certification of audit completion as part of the required NCAA Annual Certification of Compliance Form. The submission deadline may need to be amended.
Retain institutional audit results on file in office of financial aid only and make available to the NCAA upon request.
Articulate specific details and processes regarding determination by auditors of noncompliance, including explanatory information, mitigating circumstances and related institutional responsibilities. Details also should articulate process for reporting noncompliance to the NCAA enforcement staff.
(5) Committee on Infractions. The Management Council received an oral report of the work of the committee.
(6) Interpretations and Legislation Committee. The Management Council recommended that the Presidents Council:
(a) Sponsor legislation for the 2002 NCAA Convention to amend the provisions of Bylaw 14.1.6.2.5 consistent with the new definition of "nontraditional" courses drafted by the NCAA Division III Management Council Subcommittee on Academic Issues.
(b) Sponsor legislation to delete the provisions of Constitution 5.3.11.4 -- Special Voting Requirements -- Voting on Football Issues.
The Management Council also:
(c) Agreed to editorially revise Bylaw 17.5.5.3-(e) and to incorporate the October 2000 official interpretation of 2000 Proposal No. 52 to include only preseason scrimmages (per Bylaw 14.2.4.1).
(d) Approved the following interpretation relating to competition in the nontraditional segment and incorporated it in the Manual to clarify its impact on eligibility:
"Consistent with the intent of 2000 NCAA Convention Proposal No. 52, a student-athlete is charged with a season of competition when he or she competes in regular-season and/or postseason competition including competition conducted during the nontraditional segment."
(e) Agreed to editorially revise Bylaws 17.__.4 (End of Regular Playing Season -- Nontraditional Segment) to indicate that an institution that conducts its nontraditional segment in the fall must complete all practice and competition by October 30 of the academic year involved; and editorially revise Bylaw 17.__.2 (Preseason Practice -- Nontraditional Segment) to indicate that a member institution that conducts its traditional segment in the fall may not begin practice or competition during its nontraditional segment until February 1 of the academic year involved.
(f) Agreed to editorially revise Bylaw 14.5.4.1.1 to clarify that, in order to use this transfer exception, the student-athlete must satisfy both conditions. The committee agreed that this could be accomplished by changing the word "or" to "and."
(g) Agreed to adopt as noncontroversial legislation Division I Proposal Nos. 2000-23 (Bylaw 21.3.5 -- Men's and Women's Skiing Committee) and 2000-24 (bylaw 21.3.1.2 -- Exception to Men's and Women's Skiing Committee) for Division III.
(h) Deferred action and forwarded to the Management Council Playing and Practice Seasons Subcommittee the recommendation to sponsor legislation for the 2002 Convention to permit all sports, individual and team, except for the sports of baseball, softball, lacrosse, rowing and water polo to be provided one preseason exempt team scrimmage/date of competition, conducted in privacy and provided each team does not miss class time, during the preseason practice period.
The Council also accepted information:
(i) That the committee reviewed the first draft of the glossary of terms and made several editorial changes. The committee will review the revised version during its January 2001 in-person meeting.
(j) That the committee intends to review Bylaw 17 to determine if other inconsistencies [similar to the scrimmage opportunities described in Item (h)] exist.
(7) Membership Committee. The Management Council recommended that the Presidents Council:
(a) Endorse the waivers for the CEOs from Alverno College, Bay Path College, Dominican University, Lesley College, Medaille College and Thomas College from being required to attend the 2001 Convention.
(b) Not amend current legislation to permit a national accrediting agency such as the American Academy for Liberal Education to satisfy the provisions of NCAA Constitution 3.2.1.1.
The Management Council also:
(c) Accepted the information that the committee has scheduled educational sessions for year two and year three provisional members at the 2001 Convention. These sessions will cover Division III legislation and provisional membership requirements, and are designed for provisional member athletics directors. In additional, a session for provisional member CEOs will be conducted for the first time during the 2001 Convention. This session will include participation by four active member CEOs who are members of the Division III Presidents and Management Councils.
(8) Nominating Committee. The Management Council:
(a) Approved the following committee appointments to the Student-Athlete Reinstatement Committee:
(i) Kimberly Allen, senior woman administrator, Rutgers, The State University of New Jersey, Newark.
(ii) Robert Malekoff, director of athletics, College of Wooster.
(b) Rescinded previously approved August 23, 2000, Administrative Committee action to appoint Linda Moulton, Clark University, to the Nominating Committee, due to ineligibility based on NCAA Bylaws 21.8.1.2 (maximum one member per playing conference) and 21.8.1.3 (a representative of a playing conference or member institution whose term of service on a committee has expired shall not be replaced on that committee by another representative of the same conference or institution for a period of at least one year).
(c) Received and accepted the information regarding the conference representation chart, noting:
(i) Empire Athletic Conference should be "Empire Eight."
(ii) Independent listing -- Moretti -- football -- should be listed as Empire Eight.
(iii) Independent listing -- DiBiasio -- Presidents Council -- should be listed as Ohio Athletic Conference.
(iv) Southern California -- Clapp -- men's golf -- no longer employed at the institution.
(v) New England Women's and Men's Athletic Conference -- Nominating Committee -- remove Moulton.
(9) Student-Athlete Advisory Committee. The Management Council received an oral report of the work of the committee.
(10) Student-Athlete Reinstatement Committee. The Management Council received an oral report of the work of the committee.
6. 2001 NCAA Convention.
a. Convention Planning Subcommittee. The Management Council approved the revised Convention schedule.
b. Review of 2001 NCAA Convention Program. The Management Council reviewed the 2001 NCAA Convention Official Notice and program.
c. Review of Proposed Legislation, Speaker Assignments and Positions for All Legislation. The Management Council identified an additional speaker (Dee Fairchild) in preparation for possible motion to reorder Proposal No. 50 before Proposal No. 49.
d. Review of noncontroversial legislation adopted by the Management Council per NCAA Constitution 5.3.1.1.1. The Management Council reviewed the noncontroversial legislation included in the 2001 NCAA Convention Official Notice and agreed to withdraw Proposal NC-23 and refer it to the Division III Championships and Women's Volleyball Committees, noting:
(1) Committee composition should be consistent with other rules committees (four Division I, two Division II and two Division III plus secretary-rules editor).
(2) Funding to support officiating clinics should be considered consistent with current levels provided by existing outside associations.
e. Review of Division III Modifications of Wording Adopted by the Management Council per NCAA Constitution 5.4.1.1.1. The Management Council reviewed the modifications of wording included in the 2001 NCAA Convention Official Notice.
7. Proposed Legislation for the 2002 NCAA Convention.
a. Review of Noncontroversial Legislation Adopted by the Management Council per NCAA Constitution 5.4.1.1.1 for the 2002 Convention. The Management Council:
(1) Approved the recommendation to include the noncontroversial legislative proposals and editorial revisions included in the January Management Council Supplement Nos. 16-b and 17 in the 2001-02 Division III Manual. Those proposals initiate the establishment of the running supplements for the 2001 calendar year and will appear in the "blue pages" of the 2002 NCAA Convention Official Notice.
The Council also approved the following draft legislative proposals:
(2) No. 1 -- Division III Management Council -- Vacancies -- amend Constitution 4.7.2 to permit the Presidents Council or the Management Council to waive the application of Constitution 4.7.2 for the Student-Athlete Advisory Committee representatives selected to serve on the Management Council.
(3) No. 2 -- Enforcement -- Deadline for Submission of Written Materials -- amend Bylaw 32.5 to specify that all written materials considered by the Committee on Infractions at an infractions hearing must be received at least 10 days before the hearing.
d. Review of Editorial Revisions Approved by the Management Council per NCAA Constitution 5.4.1.1.1 for the 2002 Convention. The Management Council approved draft legislative Proposal No. 1 -- 4-2-4 Transfer Requirements -- to editorially revise Bylaw 14.5.1.1 to be consistent with Bylaw 14.5.4.1, to specify that rather than needing to successfully complete a two-year program, a 4-2-4 transfer student-athlete must successfully complete at least 24 semester or 36 quarter hours of transferable degree credit and spend at least two semesters or three quarters of attendance at the two-year college.
8. Association-Wide Issues.
a. 2001 NCAA Foundation Leadership Conference. The Management Council endorsed Division III involvement in the leadership conference and solicited interested volunteers.
b. Confederate Battle Flag. The Management Council recommended that the Presidents Council approve the following Division III position and forward it to the Executive Committee:
"The NCAA shall honor existing contracts for championships and meetings in the states of Georgia, Mississippi and South Carolina through December 2001; if appropriate resolution of the confederate battle flag issue is not achieved by April 1, 2001, all future NCAA championships and meetings in those state should be eliminated.
"Further, Division III expresses its continued concern over any displayed symbol that conveys discrimination and racism."
9. Litigation Update. Elsa Kircher Cole, NCAA general counsel, provided an update on the status of the Association's litigation.
10. Other Business. Doris Dixon, NCAA director of federal relations, provided the annual federal relations report.
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