NCAA Bylaws 30 and 31: Pursuant to NCAA Constitution 4.6.2-(c), revisions to administrative regulations may be recommended by the Division II Management Council, subject to ratification by the Division II Presidents Council. Following Presidents Council approval, the revisions will be published in The NCAA News.

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 2001-02 NCAA Division II Manual.

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

*No. 1 Championships Participation -- Automatic Qualification

Intent: To create an exception for the sport of tennis for automatic qualification eligibility.

Bylaws: Amend 31.3.1 by adding new 31.3.4.1, page 318, as follows:

"31.3.4.1 Exception -- Men's and Women's Tennis. Automatic qualification may be considered in men's or women's tennis once the championship field includes 48 or more teams."

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

Effective date: Immediately.*

*No. 2 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 325, 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 II Presidents Council (Management Council).

Effective date: Immediately.*