The Division II Management Council was generally comfortable with the next generation of legislative deregulation recommendations when it met April 14-15, but a proposal regarding a more permissive use of health and injury insurance was deemed to take deregulation one step too far.

The Management Council had few concerns with 19 deregulation concepts developed by the Legislation Committee relating to Bylaws 12 and 16. However, a proposal to amend Bylaw 16.4 to permit an institution to provide all medical and dental expenses that the institution determines to be incidental to an enrolled student-athlete's participation in intercollegiate athletics was voted down decisively.

The proposal was similar to one developed by the Association-wide insurance and risk management task force that would permit an institution to pay for a student-athlete's medical expenses resulting from any injury or illness, provided such expenses are necessary for the student-athlete to return to competition. The Management Council also considered the legislative form of that proposal, which was to have been considered at the 2004 Convention, and defeated it as well.

In both cases, the Management Council believed that the result would be an environment in which Division II institutions would be obligated to provide such insurance at a cost that would be well beyond the means of most Division II programs. Although the proposed legislation would have been permissive rather than required, the Management Council concluded that any institution providing the benefit would have such a recruiting advantage that other institutions would have little choice but to provide the insurance.

Neither the Division I nor Division III Management Councils considered the proposal originated by the insurance and risk-management task force at their April meetings. The Division II Management Council considered approving the legislative form of the proposal at this meeting and then reconsidering it in July, but the group chose instead to defeat the proposal unanimously.

The Council did support the legislative draft of a broader proposal from the insurance task force that would require that an institution to certify annually that insurance coverage is provided for participants in athletics events.

"The Management Council feels very strongly that student-athletes should be protected against athletically related injuries, and their support of the certification proposal demonstrates that support," said Mike Racy, Division II chief of staff. "However, the Council also believes that nonathletically related health coverage is not the responsibility of the athletics department. If that philosophy were to change, they believe it would affect the viability of a number of Division II programs, almost all of which operate at a deficit as it stands now."

The other deregulation proposals to Bylaws 12 and 16 were much less controversial. In general, they seek to remove excessive restrictions on amateurism and eligibility regulations. For example, proposals would eliminate distance restrictions on student-athlete attendance at media events and would reduce restrictions on awards for student-athletes and prospective student-athletes.

The deregulation package, which will be considered at the 2004 Convention, is part of a multiyear initiative to simplify and abbreviate the Division II Manual. The Legislation Committee's deregulation effort will continue this summer when it examines Constitution 4 and 5 and Bylaw 21. Possible changes in those areas will be considered at the 2005 Convention.

The Legislation Committee also noted its charge to review sport-by-sport financial aid limits, as mandated by 2003 Convention Proposal No. 39 (see the March 17, 2003, issue of The NCAA News). The committee is moving forward with that examination, but it will not have any legislative proposals ready for the 2004 Convention. That means that any proposals to change financial aid limits that would be considered at the next Convention will have to originate with the membership.

Other business

In other action, the Management Council supported legislation for the concept of "earned access" to the Division II Football Championship. The proposal, which originated with the Division II Football Issues Project Team, would guarantee a berth in the 24-team field to conferences with a team in the top 10 of the final regional ranking. The football issues team recommended additional detail for this proposal that will be considered at the June meeting of the Division II Championships Committee (see related story, page 16).

The Management Council approved through noncontroversial legislation a recodification of Division II enforcement procedures. However, it asked that the Convention separately consider legislation to eliminate the hearing-officer requirement and to expand the use of limited immunity.

The Management Council also supported a recommendation from the Division II Academic Requirements Committee that legislation be sponsored for the 2004 Convention to require that a student-athlete meet the initial-eligibility requirements for a qualifier at the time of the student-athlete's initial full-time enrollment in a collegiate institution. The change will assist the NCAA Initial-Eligibility Clearinghouse as it adjusts to changes in Divisions I and II core-course requirements.

In addition, the Council also recommended an editorial revision to the Division II Manual to specify that ACT state assessment tests administered in Colorado and Illinois are not acceptable for NCAA initial-eligibility purposes.

At the recommendation of the Division II Membership Committee, the Council agreed to sponsor legislation that would require a one-year exploratory period for Divisions I and III reclassifying members. The Council also voted to require a $6,000 education fee for members seeking to reclassify from Divisions I and III. Both requirements would be similar to that which is required for provisional members.

The Management Council also agreed to sponsor legislation that would permit Division II institutions reclassifying to Division I to grant athletically related financial aid at Division I limits.