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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 2003 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 numbers in the proposals refer to the 2001-02 NCAA Division II Manual.
Bold type indicates new wording; italicized type indicates wording removed.
*No. 1 Financial Aid -- Definitions and Applications -- Exempted Institutional Financial Aid
Intent: To clarify that only out-of-state tuition waivers awarded by public institutions are tuition waivers exempted from counting as institutional financial aid.
Bylaws: Amend 15.02.4.3-(e), page 143, as follows:
"15.02.4.3 Exempted Institutional Financial Aid. The following institutional financial aid is exempt and is not counted in determining a student-athlete's full grant-in-aid or cost of attendance, or in the institution's financial aid limitations:
[15.02.4.3-(a) through 15.02.4.3-(d) unchanged.]
"(e) For a public institution, out-of-state Ttuition waivers awarded solely on bases having no relationship to athletics ability; and
[15.02.4.3-(f) unchanged.]
Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].
Effective date: Immediately.*
*No. 2 Financial Aid -- Terms and Conditions of Awarding Institutional Financial Aid -- Institutional Financial Aid to Professional Athlete
Intent: To clarify that institutional financial aid may be provided to a student-athlete provided the student-athlete is not a professional in the sport in which the student-athlete will participate at the certifying institution.
Bylaws: Amend 15.3.1.4, page 149, as follows:
"15.3.1.4 Institutional Financial Aid to Professional Athlete. It is not permissible to award institutional financial aid to a student-athlete who is under contract to or currently receiving compensation from a professional sports organization in a sport other than the sport in which the individual will participate at the certifying institution. It is permissible to award institutional financial aid to a student-athlete provided the student-athlete is not a professional in the sport in which the student-athlete will participate at the certifying institution. However, a student-athlete who currently is receiving institutional financial aid and signs a contract in the same sport or receives compensation from an agent or a professional-sports organization may continue to receive such aid for the remainder of the term of the award, provided the student-athlete has completed his or her four seasons of competition."
Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].
Effective date: Immediately.*
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