NCAA Bylaw 32: Pursuant to Bylaw 19.3.1, the NCAA Division II Committee on Infractions may establish or amend enforcement policies and procedures in regard to issues other than those concerning institutional penalties, restitution, and committee duties and structure. Such proposed amendments that receive approval from the Division II Management Council are subject to ratification by the Division II Presidents Council. If approved by the Management Council and ratified by the Presidents Council, the revisions will be published in The NCAA News.

The page number in the proposal refers to the 2004-05 NCAA Division II Manual.

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

Enforcement Policies and Procedures -- Committee on Infractions -- Special Operating Rules -- Cooperative Principle

Intent: To amend the Committee on Infractions' special operating rules to include the cooperative principle.

Amend 32.1 by adding new 32.1.4, page 333, as follows:

32.1 Committee on Infractions -- Special Operating Rules

[32.1.1 through 32.1.3 unchanged.]

"32.1.4 Cooperative Principle. The cooperative principle imposes an affirmative obligation on each member institution to assist the NCAA enforcement services staff in developing full information to determine whether a possible violation of NCAA legislation has occurred and the details of the infraction. An important element of the cooperative principle requires that all individuals who are subject to NCAA rules protect the integrity of the investigation. A failure to do so may be a violation of the principles of ethical conduct. The enforcement services staff will usually share information with the institution during an investigation; however, it is understood that the staff, to protect the integrity of the investigation, may not in all instances be able to share information with the institution."

[32.1.5 unchanged]

Additional information: This bylaw currently exists in the NCAA Division I Manual (NCAA Bylaw 32.1.4) and needs to be added to the NCAA Division II Manual. It was omitted from the Division II Manual (and the Division III Manual) due to an apparent administrative oversight. [Report of the NCAA Division II Committee on Infractions, item 1, October 2004.]