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 2002 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 2001-02 NCAA Division III Manual.

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

Intent: To clarify that the Management Council, on the recommendation of the Membership Committee, may act in accordance with the specified membership legislation.

A. Constitution: Amend 3.2.3.4, page 9, as follows:

"3.2.3.4 Election. A favorable vote by two-thirds of tThe Management Council, on the recommendation from the Membership Committee, members present and voting shall elect the applicant to membership effective the following September 1, the beginning of practice in any sport for that fall term or the first day of classes for that fall term, whichever occurs first. When the vote of the Management Council has been completed, the applicant shall be notified."

B. Constitution: Amend 3.2.4.10.2.1, page 11, as follows:

"3.2.4.10.2.1 Waiver. The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may waive the requirements of Constitution 3.2.4.10.2 due to circumstances beyond an institution's control."

C. Constitution: Amend 3.2.4.10.5, page 11, as follows:

"3.2.4.10.5 Male-Female Enrollment Ratio Waiver. The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may grant waivers to the four-sport sponsorship requirement for men or women if the institution provides data to demonstrate that the male-female enrollment ratio prohibits the offering of the required number of sports for one or the other. The institution shall submit its request for a waiver to the Association's president, and it shall be received in the national office no later than October 1. Any request received after that date shall be postmarked no later than September 23. The request shall include pertinent information supporting the institution's request and shall be signed by the institution's chief executive officer."

D. Constitution: Amend 3.2.4.10.6, page 11, as follows:

"3.2.4.10.6 Three-Season Sport Waiver. The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may waive the requirement that an active member shall conduct at least one sport in every sport season if the institution is precluded by its academic calendar and climatic conditions from conducting a sport in a particular season."

E. Constitution: Amend 3.2.5.1, page 11, as follows:

"3.2.5.1 Termination or Suspension. The membership of any active member failing to maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership may be suspended, terminated or otherwise disciplined by a vote of two-thirds of the delegates present and voting at an annual Convention the Management Council, on the recommendation of the Membership Committee. Membership shall not be suspended or terminated unless:"

[3.2.5.1-(a) through 3.2.5.1-(c) unchanged.]

F. Constitution: Amend 3.2.5.2.1, pages 11-12, as follows:

"3.2.5.2.1 Waiver. The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may grant waivers of Constitution 3.2.5.2 if it deems that unusual circumstances warrant such action."

G. Constitution: Amend 3.2.5.5, page 12, as follows:

"3.2.5.5 Reinstatement of Terminated Member. Any active member whose membership has been terminated (see Constitution 3.2.5.1) may have it reinstated by a two-thirds vote of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

H. Constitution: Amend 3.2.5.6, page 12, as follows:

"3.2.5.6 Reinstatement of Suspended Member. Any active member whose membership has been suspended may be reinstated to good standing in accordance with the terms, if any, of the suspension action, or at any time after six months from the date of such suspension, by vote of a majority of the Presidents Council or by vote of the majority of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

I. Constitution: Amend 3.2.6.1, page 12, as follows:

"3.2.6.1 Restoration of Good Standing. Disciplined members shall resume good standing in accordance with the terms of the disciplinary action taken, or may be restored to good standing at any time by a majority vote of the members of the Committee on Infractions present and voting. If fewer than eight members are present, any committee action requires a favorable vote of at least four committee members. Disciplined members also may be restored to good standing at the annual Convention, by vote of a majority of the members present and voting by the Management Council, on the recommendation of the Membership Committee."

J. Constitution: Amend 3.3.3.3, page 13, as follows:

"3.3.3.3 Election. Athletics conferences may be elected as member conferences by a majority vote of the delegates present and voting at an annual Convention or by a majority vote of the Management Council, on the recommendation of the Membership Committee."

K. Constitution: Amend 3.3.5.1, page 13, as follows:

"3.3.5.1 Termination or Suspension. The membership of any member conference failing to maintain the academic or athletics standards required for membership or failing to meet the conditions and obligations of membership may be suspended or terminated or the member conference otherwise disciplined by a vote of two-thirds of the delegates present and voting at an annual Convention the Management Council, on the recommendation of the Membership Committee. Membership shall not be suspended or terminated unless:"

L. Constitution: Amend 3.3.5.4, page 14, as follows:

"3.3.5.4 Reinstatement of Terminated Member. Any member conference whose membership has been terminated (see Constitution 3.3.5.1) may have it reinstated by a two-thirds vote of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

M. Constitution: Amend 3.3.5.5, page 14, as follows:

"3.3.5.5 Reinstatement of Suspended Member. Any member conference whose membership has been suspended may be reinstated to good standing in accordance with the terms, if any, of the suspension action, or at any time after six months from the date of such suspension, by vote of a majority of the Presidents Council or by vote of the majority of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

N. Constitution: Amend 3.3.6.1, page 14, as follows:

"3.3.6.1 Restoration of Good Standing. Disciplined members shall resume good standing in accordance with the terms of disciplinary action taken, or may be restored to good standing at any time by a vote of at least three members of the Committee on Infractions present and voting in accordance with Bylaw 19.6.2.8, or, at the annual Convention, by vote of a majority of the members present and voting or by the Management Council, on the recommendation of the Membership Committee."

O. Constitution: Amend 3.6.1.2.1.1, page 16, as follows:

"3.6.1.2.1.1 Credit for Time Completed Previously as Provisional Member. The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may grant credit to an institution for any portion of the first two years of the four-year provisional period the institution previously completed as a provisional member, provided the portion was completed within the last 10 years."

P. Constitution: Amend 3.6.3.4, page 17, as follows:

"3.6.3.4 Election. A favorable vote by two-thirds of tThe Management Council members present and voting, on the recommendation of the Membership Committee, shall elect the applicant to provisional membership effective the following September 1. When the vote of the Management Council has been completed, tThe applicant shall be notified on completion of the election process."

Q. Constitution: Amend 3.6.5.1, page 18, as follows:

"3.6.5.1 Termination. The membership of any provisional member failing to maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership may be terminated by a two-thirds vote of the Management Council members present and voting, on the recommendation of the Membership Committee. A notice of intention to terminate membership, stating the grounds on which such a motion will be based, shall be given in writing to the chief executive officer of the member institution. If an institution's membership status is terminated, the institution shall be reclassified immediately as a corresponding member."

R. Constitution: Amend 3.6.5.4, page 18, as follows:

"3.6.5.4 Reinstatement of Terminated Member. Any provisional member whose membership is terminated may reapply for membership after a period of one year by a two-thirds vote of the Management Council members present and voting, on the recommendation of the Membership Committee. The Management Council, by a two-thirds majority of its members present and voting on recommendation of the Membership Committee, may grant credit to such an institution for any portion of the first two years of the four-year provisional period the institution previously completed as a provisional member, provided the portion was completed within the last 10 years."

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

Effective date: Immediately.

Intent: To permit the Management Council to grant waivers of sports-sponsorship requirements not to exceed three years for those institutions transitioning from single-gender to coeducational status.

Constitution: Amend 3.2.4.10 by adding new 3.2.4.10.6, page 11, as follows:

"3.2.4.10.6 Single-Gender Institution Transitioning to Coeducational Institution. The Management Council, on recommendation by the Membership Committee, may grant waivers of the sports-sponsorship requirements for an institution that is transitioning from single-gender to coeducational status. Waivers may be granted for a period not to exceed three years. The waiver must be requested before an institution's transition and must include a detailed action plan outlining the steps that will be taken to ensure compliance with sport-sponsorship requirements at the end of the three-year period."

[3.2.4.10.6 renumbered as 3.2.4.10.7, unchanged.]

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

Effective date: Immediately.

Intent: To specify that a multiseason sport in which the majority of contests are conducted between December and March is considered a winter sport for purposes of meeting the five sport/three-season requirement.

Constitution: Amend 3.2.4.10.1, pages 10-11, as follows:

"3.2.4.10.1 Counting Multiseason Sports. If an institution sponsors the same sport in two different seasons, it may count the sport only in the season in which its team participates in the most contests. To be counted as a fall sport, the majority of an institution's contests or dates of competition would have to occur from September through December; to be counted as a winter sport, December through March; to be counted as a spring sport, February through May."

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

Effective date: Immediately.

Intent: To eliminate legislation permitting only conferences and institutions that sponsor the sport of football to vote on proposals related to the sport of football.

A. Constitution: Amend 3.3.2.2.4, page 13, as follows:

"3.3.2.2.4 Football Issues. In addition to meeting the requirements of Constitution 3.3.2.2.3 for men's and/or women's sports, conference championship competition shall be conducted in the sport of football in order for the conference to vote on issues pertaining only to football."

B. Constitution: Amend 5.3.11.4, page 38, as follows:

"5.3.11.4 Voting on Football Issues. An active member or voting member conference with no football program shall not be permitted to vote on issues affecting only football."

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

Effective date: Immediately.

No. 5 Division III Management Council -- Vacancies

Intent: 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.

Constitution: Amend 4.7.2 by adding new 4.7.2.1, page 24, as follows:

"4.7.2.1 Exception -- Student-Athlete Advisory Committee. The Presidents Council or Management Council may waive the application of Constitution 4.7.2 for Student-Athlete Advisory Committee members selected to serve on the Management Council."

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

Effective date: Immediately.

Intent: To revise the definition of an enrolled student-athlete as specified.

Bylaws: Amend 12.02.5, page 55, as follows:

"12.02.5 Student-Athlete. An enrolled student-athlete is a student whose enrollment was solicited by a member of the athletics staff or other representative of athletics interests with a view toward the student's ultimate participation in the intercollegiate athletics program. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the athletics department, as specified in Constitution 3.2.4.4 A student is not deemed a student-athlete solely on the basis of prior high-school athletics participation. An individual becomes a student-athlete when either of the following conditions are satisfied:

"(a) The individual's enrollment was enlisted by a member of the athletics staff or other representative of the institution's athletics interests that are viewed towards the student's ultimate participation in the intercollegiate athletics program and the student-athlete attends the first day of class while enrolled in at least a minimum full-time program of studies or;

"(b) The individual participates in an intercollegiate squad practice or contest that is under the jurisdiction of the athletics department."

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

Effective date: Immediately.

Intent: To permit individuals (prospect and current student-athletes) to accept Operation Gold Grant funds.

A. Bylaws: Amend 12.1.1.1.4.1 by adding new 12.1.1.1.4.1.1, page 56, as follows:

"12.1.1.1.4.1.1 Exception -- Operation Gold Grant. An individual (prospect or student-athlete) may accept funds that are administered by the United States Olympic Committee pursuant to its Operation Gold program."

B. Bylaws: Amend 12.1.1.1.4.3 by adding new 12.1.1.1.4.3.1, page 56, as follows:

"12.1.1.1.4.3.1 Exception -- Operation Gold Grant. An individual (prospect or student-athlete) may accept funds that are administered by the United States Olympic Committee pursuant to its Operation Gold program."

C. Bylaws: Amend 12.1.1.1.5 by adding new 12.1.1.1.5.1, page 57, as follows:

"12.1.1.1.5.1 Exception -- Operation Gold Grant. An individual (prospect or student-athlete) may accept funds that are administered by the United States Olympic Committee pursuant to its Operation Gold program."

Source: NCAA Division III Management Council (Amateurism Task Force).

Effective date: Immediately.

Intent: To permit an individual to receive actual and necessary expenses to attend an academy funded by a professional sports organization without jeopardizing intercollegiate eligibility, provided: (1) the academy limits enrollment to participants who are age 15 and under; (2) athletics ability or achievements is not the sole criterion for selecting participants; and (3) the academy provides academic services to participants.

Bylaws: Amend 12.1.1.4.8, page 58, as follows:

"12.1.1.4.8 Exception for Camp or Academy Sponsored by a Charitable Foundation Funded by a Professional Sports Organization. An individual may receive actual and necessary expenses from a charitable foundation that is funded by a professional sports organization to attend an academy, camp or clinic, provided:

"(a) The charitable foundation is one that is defined as an exempt organization by the Internal Revenue Service;

"(ba) No professional sports organization, NCAA institution or conference owns or operates the sponsoring charitable foundation academy, camp or clinic;

"(cb) No camp participant is a prospective student-athlete per Bylaw 13.02.4 above the age of 15;

"(dc) The charitable foundation professional sports organization provides to the participants nothing more than actual and necessary expenses to attend the camp or clinic and equipment/apparel necessary for participation; and

"(d) Athletics ability or achievements may not be the sole criterion for selecting participants; and

"(e) All camp participants fall within the sponsoring charitable foundation's guidelines for determining low-income, at-risk children. Academy participants must be provided with academic services (for example, tutoring)."

Source: NCAA Division III Management Council (Amateurism Task Force).

Effective date: August 1, 2002.

Intent: To clarify that student-athletes may not participate in any promotional activity other than as specifically permitted in Bylaw 12.5.1.

A. Bylaws: Amend 12.5.1, pages 62-65, as follows:

"12.5.1 Permissible. Student-athletes may participate in promotional activities as provided in this bylaw. Any promotional activity not listed is specifically prohibited."

B. Bylaws: Amend 12.5.1, by adding new 12.5.1.1.5 and 12.5.1.1.6, page 63, as follows:

"12.5.1.1.5 Promotional Contests. Receipt of a prize for winning a promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) held in conjunction with a member institution's intercollegiate competition by a prospective or enrolled student-athlete (or a member of his or her family) does not affect a student-athlete's eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate.

"12.5.1.1.6 Use of a Student-Athlete's Name or Picture without Knowledge or Permission. If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters, photographs) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics."

C. Bylaws: Amend 12.5.1.3, page 64, as follows:

"12.5.1.3 Continuation of Modeling and Other Nonathletically Related Promotional Activities after Enrollment. If an individual accepts remuneration for or permits the use of his or her name or picture to advertise or promote the sale or use of a commercial product or service before enrollment in a member institution, continued remuneration for the use of the individual's name or picture (under the same or similar circumstances) after enrollment is permitted without jeopardizing his or her eligibility to participate in intercollegiate athletics only if all of the following conditions apply:

[12.5.1.3-(a) through 12.5.1.3-(e) unchanged.]

"(f) Takes appropriate steps upon becoming a student-athlete to retract permission for the use of his or her name or picture and ceases receipt of any remuneration for such an arrangement."

D. Bylaws: Amend 12.5.1.4, page 64, as follows:

"12.5.1.4 Commercial Advertisement. It is permissible for a student-athlete's name or picture, or the group picture of an institution's athletics squad, to appear in an advertisement of a particular business, commercial product or services, provided:

[12.5.1.4-(a) through 12.5.1.4-(e) unchanged.]

"(f) The individual does not accept any remuneration for or permit the use of his or his name or picture to advertise, recommend or promote directly the sale and use of a commercial product or service of any kind, and;

"(g) The individual does not receive any remuneration for endorsing a commercial product or service through the individual's use of such produce or service."

E. Bylaws: Amend 12.5.1.4, by adding new 12.5.1.4.2, 12.5.1.4.3 and 12.5.1.4.4, page 64, as follows:

"12.5.1.4.2 Commercial Advertisements Not Permitted. If, prior to collegiate enrollment, the student-athlete received remuneration for endorsing a commercial product or service through the student-athlete's use of such product or service and the student-athlete does not meet the requirements of Bylaw 12.5.1.3 or 12.5.1.4, the student-athlete must take appropriate steps on becoming a student-athlete to retract permission for the use of his or her name or picture and must cease receipt of any remuneration for such an arrangement in order to retain his or her eligibility.

"12.5.1.4.3 Use of a Student-Athlete's Name or Picture without Knowledge or Permission. If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters, photographs) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.

"12.5.1.4.4 Commercial Movies. Footage of an institution's intercollegiate game or event or of the individual performance of a student-athlete's may be used in a commercial movie provided all individuals appearing in the footage have exhausted their seasons of eligibility."

F. Bylaws: Amend 12.5.2, pages 65-66, as follows:

"12.5.2 Nonpermissible.

"12.5.2.1 Advertisements and Promotions Subsequent to Enrollment. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:

"(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or.

"(b) Receives remuneration for endorsing a commercial product or service through the individual's use of such product or service.

"12.5.2.1.1 Exceptions. The individual's eligibility will not be affected, provided the individual participated in such activities before enrollment and the individual:

"(a) Meets the conditions set forth in Bylaw 12.5.1.3 that would permit continuation of such activities, or

"(b) Takes appropriate steps upon becoming a student-athlete to retract permission for the use of his or her name or picture and ceases receipt of any remuneration for such an arrangement.

"12.5.2.1.2 Improper Use of Student-Athlete's Name or Picture. If an institution, without the student-athlete's knowledge or consent, uses or permits the use of the student-athlete's name or picture in a manner contrary to Bylaw 12.5.2.1, the violation shall be considered an institutional violation; however, the student-athlete's eligibility shall not be affected.

"12.5.2.2 Use of a Student-Athlete's Name or Picture without Knowledge or Permission. If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters, photographs) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.

"12.5.2.3 Specifically Restricted Activities. A student-athlete's involvement in promotional activities specified in this section is prohibited.

"12.5.2.3.1 Name-the-Player Contest. A student-athlete may not permit use of his or her name or picture in a "name-the-player" contest conducted by a commercial business for the purpose of promoting that business.

"12.5.2.3.2 Athletics Equipment Advertisement. A student-athlete's name or picture may not be used by an athletics equipment company or manufacturer to publicize the fact that the institution's team uses its equipment.

"12.5.2.3.3 Promotional Contests. Receipt of a prize for winning a promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) held in conjunction with a member institution's intercollegiate competition by a prospective or enrolled student-athlete (or a member of his or her family) does not affect a student-athlete's eligibility, provided the prize is won through a random drawing in which all members of the general public or the student body are eligible to participate.

"12.5.2.3.4 Appearance in Commercial Films. Footage of an institution's intercollegiate game or event or of the individual performance of a student-athlete may not be used in a commercial movie unless all individuals appearing in the footage have exhausted their seasons of eligibility."

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

Effective date: Immediately.

Intent: To modify requirements related to joint high-school/college programs that would begin a student-athlete's eligibility under the 10-semester/15-quarter rule, as specified.

Bylaws: Amend 14.2.3.3, page 95, as follows:

"14.2.3.3 Joint College/High-School Program. A student-athlete's eligibility under the 10-semester/15-quarter rule does not begin while a student is enrolled in a collegiate institution in a joint high-school/college academic program for outstanding high-school students, in which the courses count as both high-school graduation credit and college credit, provided the student is classified as a special student, is not considered by the college to be regularly matriculated and is not eligible for the college's extracurricular activities, including athletics has not officially graduated from high school and does not participate in intercollegiate athletics while enrolled in the joint program."

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

Effective date: Immediately.

Intent: To include the World University Games as an exception to the outside-competition legislation.

Bylaws: Amend 14.7.5.1, pages 103, as follows:

"14.7.5.1 In All Sports

[14.7.5.1-(a) through 14.7.5.1-(d) unchanged.]

"(e) Official World Championships, World University Games and World Cup Tryouts and Competition. A student-athlete may participate in official World Championships, World University Games and World Cup tryouts and competition."

[14.7.5.1-(f) unchanged.]

Source: NCAA Division III Management Council (Olympic Sports Liaison Committee).

Effective date: Immediately.

*No. 12 Awards and Benefits -- Permissible Expenses -- De Minimis Violation

Intent: To specify that a violation of Bylaw 16.8.1.1 is considered de minimis and will not render a student-athlete ineligible, while retaining the fact that such a violation is still considered an institutional violation.

Bylaws: Amend 16.8.1.1, page 127, as follows:

"16.8.1.1 Practice. Expenses may be paid for practice sessions only if they are associated with an away-from-home contest or conducted at a site located within the member institution's state or, if outside that sate, no more than 100 miles from the institution's campus. Violations of this bylaw shall be considered institutional violations per Constitution 2.8.1; however, they shall not affect the student-athlete's eligibility."

Source: Division III Management Council (Student-Athlete Reinstatement Committee).

Effective date: Immediately.

No. 13 Committee on Infractions -- Vice-Chair

Intent: To permit the Committee on Infractions to designate internally a vice-chair, who will act on behalf of the chair in his or her absence.

A. Bylaws: Amend 19.1.1, page 220, as follows:

"19.1.1 Composition of Subcommittee. The Committee on Infractions shall be composed of five members, including one member from the Management Council and one member from the general public. One of the members shall serve as chair and one member shall serve as vice-chair."

B. Bylaws: Amend 19.1.2.2, page 220, as follows:

"19.1.2.2 Authority of Committee Chair. In the interim between meetings of the committee, the chair shall be empowered to act on behalf of the committee, subject to committee approval at its next meeting. If at any time, at a meeting or between meetings, the chair is unavailable to act as such, the member of the committee longest in service who is available vice-chair is empowered to exercise the functions of the chair."

Source: NCAA Division III Management Council (Committee on Infractions).

Effective date: Immediately.

No. 14 Change of Division Membership -- Annual Report and Rules Test

Intent: To specify that an institution reclassifying to Division III must submit a written annual report not later than June 15 during each year of the reclassification process. Further, to specify that a reclassifying institution must administer the Division III Rules Test to its coaching staff members prior to the completion of year two of the reclassification process.

Bylaws: Amend 20.6.2.3, page 232, as follows:

"20.6.2.3 Compliance with Criteria. If the member has met all applicable membership criteria of this article for Division III and has complied for the three years (if reclassifying from Division II) or four years (if reclassifying from Division I) preceding June 1 with all other Division III requirements, the member shall be transferred to Division III effective the September 1 that the institution selects as its effective date. During the reclassification period, an institution must submit a written annual report to the national office not later than June 15 each year, in accordance with Bylaw 20.6.2.3.2.

[20.6.2.3.1 unchanged.]

"20.6.2.3.2 Institutional Self-Study and Annual Review Requirements. An institution reclassifying into Division III from Division II must complete an Institutional Self-Study Guide (ISSG) during the first year of its three-year compliance period. An institution reclassifying to Division III from Division I must participate in the provisional member education program and must complete an ISSG during the first year of its four-year compliance period. A reclassifying member also must provide, on an annual basis, a written report to be reviewed by the Membership Committee on behalf of 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 shall be on a form approved by the Management Council.

"20.6.2.3.3 Administration of Rules Test. A reclassifying member must administer the Division III Rules Test to its coaching staff members prior to the completion of year two of the reclassification process."

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

Effective date: Immediately.

*No. 15 Committees -- Association-Wide and Common Committees -- Executive Committee Authority

Intent: To eliminate the requirements that the Executive Committee shall ratify the appointments of all individuals serving on Association-wide and common committees and appointments of chairs of those committees.

[The proposed change involves common provisions that must be acted upon Divisions I, II and III membership acting independently.]

A. Bylaws: Amend 21.1.1, page 239, as follows:

"21.1.1 Method of Selection and Operation. Each division's governance structure shall appoint members to serve on the general Association-wide committees of the Association, consistent with that division's committee-appointment procedures (see Bylaw 21.8). The membership of each committee shall include representatives from each of the Association's membership divisions, including each subdivision of Division I. The Executive Committee shall ratify the appointment of all individuals serving on Association-wide committees and shall appoint the chairs of those committees. The Executive Committee shall ratify policies regarding length, location and expenses of Association-wide committee meetings. Association-wide committees are set forth in Bylaws 21.1.2 through 21.1.11."

B. Bylaws: Amend 21.2.1.1, page 242, as follows:

"21.2.1.1 Method of Selection. Each division's governance structure shall appoint members to serve on the rules committees without championships administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair and secretary-rules editor of each committee. The secretary-rules editor may be reelected without restriction and shall be a nonvoting member of the committee. The membership of each committee shall include representatives from each of the Association's membership divisions, including each subdivision of Division I in which a substantial number of schools sponsor the sport in question."

C. Bylaws: Amend 21.3.1.1, page 243, as follows:

"21.3.1.1 Method of Selection. Each division's governance structure shall appoint members to serve on the committees with playing rules and championships administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair and secretary-rules editor of each committee. The secretary-rules editor may be reelected without restriction and shall be a nonvoting member of the committee. The membership of each committee shall include representatives from each of the Association's membership divisions, including each subdivision of Division I in which a substantial number of schools sponsor the sport in question."

D. Bylaws: Amend 21.4.1.1, page 245, as follows:

"21.4.1.1 Method of Selection. Each applicable division's governance structure shall nominate and select the members and chair of each committee, subject to the ratification of the Executive Committee."

E. Bylaws: Amend 21.5.1, pages 245-246, as follows:

"21.5.1 Selection. Each applicable division's governance structure shall appoint members to serve on the common committees with governance administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair. The membership of each committee shall include representatives from each of the Association's applicable membership divisions, including each subdivision of Division I."

Source: NCAA Division III Management Council.

Effective date: Immediately.

No. 16 Secretary-Rules Editors -- Term Limits

Intent: To establish a term limit of eight years for secretary-rules editors serving on sports rules committees.

A. Bylaw: Amend 21.2.1.1, page 242, as follows:

"21.2.1.1 Method of Selection. Each division's governance structure shall appoint members to serve on the rules committees without championships administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair and secretary-rules editor of each committee. The secretary-rules editor may be reelected without restriction but is limited to a term not to exceed eight years in length and shall be a nonvoting member of the committee. The membership of each committee shall include representatives from each of the Association's membership divisions."

B. Bylaw: Amend 21.3.1.1, page 243, as follows:

"21.3.1.1 Method of Selection. Each division's governance structure shall appoint members to serve on the committees with playing rules and championships administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair and secretary-rules editor of each committee. The secretary-rules editor may be reelected without restriction but is limited to a term not to exceed eight years in length and shall be a nonvoting member of the committee. The membership of each committee shall include representatives from each of the Association's membership divisions."

Source: NCAA Division III Management Council.

Effective date: Immediately.

[Note: This proposal subsequently was referred to committee in Division I.]

No. 17 Committees -- Association-Wide and Common Committees with Rules Administration Responsibilities

Intent: To specify that at least 50 percent of total positions on Association-wide and common committees with rules administration responsibilities shall be filled by coaching staff members.

[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.]

A. Bylaws: Amend 21.2.1.2, page 242, as follows:

"21.2.1.2 Composition Requirements. At least 25 percent of the positions on each rules committee shall be filled by athletics directors, associate or assistant athletics directors, senior woman athletics 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. Further, at least 50 percent of the total positions on each rules committee shall be filled by coaching staff members. In order for a district to be represented, at least five of its active members shall sponsor the sport involved on an intercollegiate basis."

B. Bylaws: Amend 21.3.1.2, page 243, as follows:

"21.3.1.2 Composition Requirements. For committees that administer Division I, Division II, Division III and National Collegiate Championships in individual sports, at least 25 percent of the positions on each committee shall be filled by athletics administrators (that is, athletics directors, associate or assistant athletics directors, senior woman athletics 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). Further, at least 50 percent of the total positions on each rules committee shall be filled by coaching staff members. For committees that administer Division I, Division II, Division III and National Collegiate Championships in team sports, at least 50 percent of the positions on each committee shall be filled by athletics administrators). Further, at least 50 percent of the total positions on each rules committee shall be filled by coaching staff members. In order for a district to be represented on a committee for which district representation is specified, at least five of its active members shall sponsor the sport on an intercollegiate basis."

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

Effective date: Immediately.

No. 18 Committees -- Men's and Women's Ice Hockey Rules Committee -- Composition

Intent: To expand the Men's and Women's Ice Hockey Rules Committee to 13 members, as specified.

[The proposed change involves a common provision and, thus, must be acted on by the Divisions I, II and III membership acting independently.]

Bylaws: Amend 21.2.6, page 243, as follows:

"21.2.6 Ice Hockey Rules Committee, Men's and Women's. The Men's and Women's Ice Hockey Rules Committee shall consist of eight 13 members and shall be constituted as follows:

"(a) Four Six members shall be from Division I, one member shall be from Division II, two four members shall be from Division III, one member shall be from Division II or III and an additional member shall be secretary-rules editor;"

[21.2.6-(b) and 21.2.6-(c) unchanged.]

Source: NCAA Division III Management Council (Championships Committee).

Effective date: Immediately.

No. 19 Committees -- Women's Volleyball Rules Committee

Intent: To establish an NCAA Women's Volleyball Rules Committee comprising nine members, including the secretary-rules editor.

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

Bylaws: Amend 21.2 by adding new 21.2.9, page 243, as follows:

"21.2.9 Volleyball Rules Committee, Women's. The Women's Volleyball Rules Committee shall consist of nine members and shall be constituted as follows:

"(a) Four members shall be from Division I, two members shall be from Division II, two members shall be from Division III and one additional member shall serve as a nonvoting secretary-rules editor, and

"(b) One member shall be elected chair."

Source: NCAA Division III Management Council (Championships Committee).

Effective date: Immediately.

No. 20 Committees -- "On-the-Staff" Requirement -- Secretary-Rules Editors

Intent: To exempt secretary rules-editors serving on sports rules committees from the "on-the-staff" requirement in order to be eligible for committee service.

Bylaw: Amend 21.8.1.1 by adding new 21.8.1.1.5, page 246, as follows:

"21.8.1.1.5 Secretary-Rules Editors. Individuals serving as secretary rules-editors on sports rules committee are not subject to the 'on the staff' requirement set forth in Bylaw 21.8.1.1."

Source: NCAA Division III Management Council.

Effective date: Immediately.

No. 21 General Committees -- Management Council Representation

Intent: To specify that Management Council members serving on Division III general committees shall be excluded from the total composition requirements for the respective committee.

Bylaws: Amend 21.8.2.5, page 247, as follows:

"21.8.2.5 Management Council Representation. All general committees (per Bylaw 21.8.6) shall include at least one Management Council member. In addition, at least one of the Division III representatives on general committees functioning in an Association-wide capacity shall be a member of the Management Council. Management Council members will serve as a liaison for each committee to the Management Council. Unless otherwise specified, Management Council members will serve as voting members of such committees. Management Council members serving on Division III general committees shall be excluded from the total composition requirements of the respective committee. A Management Council member's term of service shall commence in January after adjournment of the annual Convention and shall be concurrent with his or her remaining term of service on the Management Council. A Management Council member must terminate service on such a committee at the expiration of the member's term on the Management Council."

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

Effective date: Immediately.

No. 22 Committees -- I
nfractions Appeals Committee -- Composition and Duties

Intent: To clarify the composition and duties of the Infraction Appeals Committee, as specified.

Bylaws: Amend 21.8.6 by adding new 21.8.6.5, page 250, as follows:

[21.8.6.1 through 21.8.6.4.7 unchanged.]

"21.8.6.4.8 Authority of Management Council Infractions Appeals Committee. The Management Council Infractions Appeals Committee per Bylaw 19.3 shall hear and act on an institution's appeal of the findings of major violations by the committee.

"21.8.6.5 Infractions Appeals Committee.

"21.8.6.5.1 Composition. The Infractions Appeals Committee shall consist of seven members. Two members shall be members of the Presidents Council, one of whom shall serve as chair. Five members shall be members of the Management Council. Committee members' terms shall be concurrent with their terms on the Presidents Council and Management Council.

"21.8.6.5.2 Duties. The Committee shall hear and act on an institution's appeal of the findings of major violations by the Committee on Infractions."

[21.8.6.5 through 21.8.6.9 renumbered as 21.8.6.6 through 21.8.6.10, unchanged.]

Source: NCAA Division III Management Council (Committee on Infractions).

Effective date: Immediately.

No. 23 Committees --
Championships Committee -- Composition

Intent: To reduce the number of Management Council representatives on the Championships Committee from five to three.

Constitution: Amend 21.8.6.2.1, page 248, as follows:

"21.8.6.2.1 Composition. The Championships Committee shall consist of nine members, including the chair of the Management Council and four two other Management Council members. The committee shall include at least four men, at least four women, at least one student-athlete and at least one member of an ethnic minority. At least two committee members shall represent each of the four regions specified in Constitution 4.12.2.2. Terms of the Management Council members shall coincide with their terms on that body."

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

Effective date: Immediately.

No. 24 Committees --
Nominating Committee -- Composition

Intent: To reconstitute the Nominating Committee by decreasing the minimum number of former NCAA Council or Management Council representatives on the committee from four to two, and specifying that a maximum of four members may be at large.

Constitution: Amend 21.8.6.8.1, page 250, as follows:

"21.8.6.8.1 Composition. The Nominating Committee shall consist of eight members, including at least four two former NCAA officers or former members of the NCAA Council or Management Council, one current member of the Management Council, and one chief executive officer who is a current or former member of the Management Council. A maximum of four members may be at large. The committee shall include at least four men, at least four women, and at least one member of an ethnic minority."

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

Effective date: Immediately.

No. 25 Committees --
Nominating Committee --
Chair

Intent: To remove the restrictions on individuals who may serve as chair of the Nominating Committee.

Constitution: Amend 21.8.6.8.2, page 250, as follows:

"21.8.6.8.2 Chair. The chair shall be appointed from among the former NCAA officers or Council or Management Council members serving on the committee."

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

Effective date: Immediately.

No. 26 Committees --
Student-Athlete Advisory Committee -- Composition

Intent: To increase the minimum number of ethnic minorities on the Student-Athlete Advisory Committee from three to six.

Constitution: Amend 21.8.6.9.1, pages 250-251, as follows:

"21.8.6.9.1 Composition. The student-athlete advisory committee shall consist of 24 members, including at least four members from each of the four geographical regions per Constitution 4.12.2.2 and eight members serving at large. The committee shall include at least 12 men, at least 12 women and at least three members of six ethnic minorities. No more than two student-athletes from the same playing conference (one male, one female) may be committee members. Two Management Council members shall serve as ex officio members of the committee."

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

Effective date: Immediately.

No. 27 Eligibility
for Championships --
Participation while Ineligible

Intent: To specify that the Committee on Infractions may take action to vacate performances in cases when an ineligible student-athlete participates in an NCAA championship.

Bylaws: Amend 31.2.2.4, pages 269-270, as follows:

"31.2.2.4 Participation While Ineligible. When a student-athlete competing as an individual or representing the institution in a team championship is declared ineligible after the competition, or a penalty has been imposed or action taken as set forth in Bylaw 19.6.2.2-(e) or 19.8 of the NCAA enforcement program, the following shall occur the Committee on Infractions may require the following:

"(a) Individual Competition. The individual's performance shall may be stricken from the championships records, the points the student has contributed to the team's total shall may be deleted, the team standings shall may be adjusted accordingly, and any awards involved shall may be returned to the Association. For those championships in which individual results are recorded by time, points or stroke totals (that is, cross country, golf, gymnastics, indoor track and field, outdoor track and field, rifle, swimming and skiing), the placement of other competitors shall may be altered and awards presented accordingly. For those championships in which individual results are recorded by advancement through a bracket or head-to-head competition, the placement of other competitors shall not be altered.

"(b) Team Competition. The record of the team's performance shall may be deleted, the team's place in the final standings shall may be vacated, and the team's trophy and the ineligible student's award shall may be returned to the Association."

Source: NCAA Division III Management Council (Committee on Infractions).

Effective date: Immediately.

No. 28 Banned-Drugs List

Intent: To add methylene-dioxymethamphetamine, MDMA (ecstasy) to the list of banned substances under the category of "Stimulants."

Bylaws: Amend 31.2.3.1, pages 270-271, as follows:

"31.2.3.1 Banned Drugs. The following is the list of banned-drugs classes:

"(a) Stimulants:

"Methylene-dioxymethamphetamine, MDMA (ecstasy)."

[31.2.3.1-(b) through 31.2.3.1-(g) unchanged.]

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

Effective date: Immediately.

*No. 29 Executive Regulations -- General Financial Management -- Indemnification

Intent: To modify the indemnification policy of the National Collegiate Athletic Association, as specified.

Bylaws: Amend 31.7.3, page 281, as follows:

"31.7.3 Defense and Indemnification. The Association has adopted regulations authorizing the Executive Committee to indemnify its members, members of the appropriate divisional governing bodies, members of general and sports committees, members of special committees, members of drug-testing crews and crew chiefs, and the national office staff against certain expenses, judgments, fines and settlement payments incurred in connection with legal actions brought against them because of their service in such capacities. The specific provisions, conditions and limitations of this authorization were circularized to the membership in the Official Notice of the 71st NCAA Convention (January 10-12, 1977) and also appear in the Official Program and the printed Proceedings of that Convention.

"31.7.3.1 Conditions for Defense and Indemnification. The Association shall defend and indemnify any present or former employee, committee member, or agent of the Association who is or was a party to or is threatened to be made a party to, or who is to be subpoenaed to be deposed or to give evidence in any civil, criminal, administrative, or investigative action or proceeding, including those brought by the Association, provided all of the following conditions are met:

"(a) The individual requesting defense and indemnification is being named as a party or subpoenaed to be deposed or to give evidence by reason of the fact that the individual is or was an employee, committee member, or agent of the Association or is or was serving at the request of the Association as a director, officer, employee, or agent of another association, corporation, partnership, joint venture, trust, or other enterprise;

"(b) The individual is determined to have been acting within the scope of the individual's duties to the Association;

"(c) The individual is determined to have been acting in good faith and in a manner the individual reasonably believed to be in or not opposed to the best interests of the Association in the performance of the individual's duties to the Association. In respect to any alleged criminal action or proceeding, the individual also must be determined to have had no reasonable cause to believe the alleged conduct was unlawful;

"(d) The individual promptly and timely notifies the Association's general counsel of the actual or threatened service of process, subpoena, notice of deposition, or other legal process before incurring attorney fees or other expenses;

"(e) The individual accepts counsel provided or approved by the Association and agrees to accede to the legal strategies approved by the Association's general counsel, including any settlement determinations. In the event that the individual wishes to hire other counsel or not accede to the Association's legal strategies, the Association shall not be obligated to defend or indemnify the individual, except when it is determined that a conflict of interest exists with the Association such that retaining separate counsel is warranted;

"(f) The individual agrees to repay any expenses, including attorney fees, incurred in bringing or defending a civil or criminal action or proceeding paid by the Association in advance of the final disposition of such action or proceeding, if it is ultimately determined that the individual is not entitled to be indemnified by the Association as authorized in this bylaw.

"31.7.3.1.1. Determination regarding Conditions for Defense and Indemnification. The determination as to whether indemnification is appropriate because the conditions of Bylaw 31.7.3.1 have been satisfied shall be made (1) by the NCAA Executive Committee by a majority vote of a quorum consisting of members who are not parties to such action or proceeding, or (2) if such a quorum is not obtainable, or, even if obtainable, if a quorum of disinterested Executive Committee members so directs, by independent legal counsel in a written opinion, or (3) by the Association's president if so delegated by the Executive Committee.

"31.7.3.1.2. Definition of committee. For purposes of Bylaw 31.7.3, committee shall include all Association committees, boards, cabinets, councils, subcommittees, and panels.

"31.7.3.1.3. Termination of action or proceeding. The termination of any action or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption in regard to these determinations. However, if an individual is adjudged to be liable for negligence or misconduct in the performance of the individual's duty to the Association, there shall be no indemnification unless and only to the extent that the court in which such action or suit was brought shall determine that, despite the adjudication of liability but in view of all circumstances of the case, such individual is fairly and reasonably entitled to indemnity for such expenses as the court shall deem proper.

"31.7.3.2 Insurance. The Association may purchase and maintain insurance on behalf of any individual who is or was an employee, committee member, or agent of the Association, or is or was serving at the request of the Association as a director, officer, employee, or agent of another association, corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against the individual and incurred by the individual in any such capacity or arising out of the individual's status as such, whether or not the Association would have the power to indemnify the individual against such liability under the provisions of Bylaw 31.7.3.

"31.7.3.3. Definition of Indemnification. For purposes of this bylaw, indemnification shall consist of payment against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by the individual in connection with such action or proceeding."

Source: NCAA Division III Management Council.

Effective date: Immediately.

No. 30 Enforcement --
Deadline for Submission
of Written Materials

Intent: To specify that all written materials to be considered by the Committee on Infractions at an infractions hearing must be received at least 10 days prior to the hearing.

Constitution: Bylaw 32.5 by adding new 32.5.13, page 293, as follows:

"32.5.13 Deadline for Submission of Written Materials. Unless specifically approved by the Committee on Infractions, all written materials to be considered by the committee at the infractions hearing must be received by the committee and the enforcement staff at least 10 days prior to the date of the hearing. Evidence may be submitted at the hearing, but subject to the limitations set forth in Bylaw 32.7.5.5."

Source: NCAA Division III Management Council (Committee on Infractions).

Effective date: Immediately.

Intent: To specify that the Committee on Infractions' written response to an appeal shall include the issues raised in the appeal and the committee's response to such issues.

Bylaws: Amend 32.10.5, pages 297-298, as follows:

"32.10.5 Committee on Infractions' Response to an Appeal. The Committee on Infractions shall submit a response to the appropriate appeals committee per Bylaw 19.3 on each case that has been appealed. This response shall be in the form of an expanded infractions report, which will include:

"(a b) The violations of the NCAA Constitution and bylaws, as determined by the committee;

"(b d) A statement of the committee's proposed penalties;

"(c a) A statement of the origin of the case;

"(d) Related factors appropriate for consideration in judgment of the case;

"(e c) Disciplinary or corrective actions taken by the institution or conference or any other agency involved in the particular incident;

"(f) If appropriate, any additional information that was presented to the committee during its consideration of the case that the Committee on Infractions deems to be relevant to the consideration of the appeal; and

"(e) The issues raised in the appeal;

"(f) The committee's response to the issues raised in the appeal; and

"(g) An attachment to the response will be a transcript of any hearing conducted by the Committee on Infractions."

Source: NCAA Division III Management Council (Committee on Infractions).

Effective date: Immediately.