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The NCAA News - News and FeaturesJuly 20, 1998
Division I Management Council minutes
* Alternate for J. Copeland Following are minutes of the April 14-15, 1998, meeting of the Division I Management Council at the Walt Disney World Swan Resort in Orlando, Florida. All actions taken by the Management Council are included. Roll-call votes by the Management Council accompany these minutes. Highlights of the meeting were reported in the April 27 issue of The NCAA News. 1. Opening Remarks. Robert A. Bowlsby, chair, welcomed the Management Council to Orlando and noted the list of anticipated action items that was included with the agenda. 2. Report from Cedric W. Dempsey, NCAA president. Dempsey reviewed with the Management Council information regarding proposed Congressional amendments that would restrict institutional flexibility on the reduction in the funding or elimination of sports teams, the national office move to Indianapolis and several court cases involving the NCAA, including the settlement with Jerry Tarkanian, the status of the restricted-earnings coach litigation and a discussion of the Third U.S. Circuit Court of Appeals decision regarding the application of Title IX to the Association. 3. Previous Minutes. The Management Council reviewed the minutes of its January 9-10 and 12, 1998, meeting and January 13, 1998, joint meeting with the Board of Directors. It was voted that the minutes of the Management Council's January 9-10 and 12, 1998, meeting and January 13, 1998, joint meeting with the Board of Directors be approved as distributed. (Unanimous voice vote.) 4. Division I Management Council Administrative Committee Report on Interim Actions. The Management Council reviewed the minutes of the January 22, February 5, February 19, March 19 and April 2, 1998, Division I Management Council Administrative Committee telephone conferences. a. It was voted that the Management Council approve the actions of the Division I Management Council Administrative Committee during its January 22, February 5, February 19, March 19 and April 2, 1998, Division I Management Council Administrative Committee telephone conferences, including referring to the Academics/Eligibility/Compliance Cabinet the review of whether guidelines should be established regarding the circumstances during which student-athletes could be reimbursed for travel arrangements made prior to a team's unexpected selection for postseason competition, whether institutions can provide complimentary admissions to athletics contests conducted during the time frame of awards ceremonies, whether there should be any changes to the treatment of awards expenses allowed under Bylaw 16.1.7.2, and whether institutions should be permitted to pay for student-athletes to attend development seminars. (Unanimous voice vote.) b. It was voted that the Management Council give initial approval to a proposal that would permit institutions to provide meal expenses to student-athletes serving on university committees who miss a regular meal as a result of a committee meeting conducted when regular institutional dining facilities are open. (Unanimous voice vote.) [Note: This amendment subsequently was circulated to the membership as Proposal No. 98-42.] c. It was voted that the Management Council recommend that the Board of Directors use its authority to adopt "emergency," noncontroversial legislation to permit Division I institutions to participate in exhibition basketball contests against foreign teams and/or club members of USA Basketball on or after October 31. (Unanimous voice vote.) [Note: This amendment was subsequently forwarded to the Board as Proposal No. 98-43.] 5. Report of the Board of Directors January 13 Meeting. The Management Council reviewed the report and discussed actions taken by the Board, including decisions on waivers of membership requirements, a request that the Management Council provide the Board with advisory comments on future requests for waivers of membership criteria and the change in the committee travel policy. No specific actions were taken. 6. Review of 1998 Convention Survey Results and Preliminary Discussion of 1999 Convention. The Management Council reviewed a summary of the results of the survey of the Division I membership concerning the 1998 NCAA Convention and future Conventions. The Management Council discussed issues regarding whether conference meetings would be held at the Convention, possible programs for forums and discussion sessions at future Conventions and whether other groups would conduct meetings at the Convention. It was the sense of the Management Council that planning discussions for the 1999 Convention would occur at future meetings. 7. Review of Reports of Division I Cabinets. a. Academics/Eligibility/Compliance Cabinet. (1) Report of February 11-12, 1998, meeting. (a) Review of Report. The Management Council reviewed the report from the Academics/Eligibility/Compliance Cabinet's February 11-12, 1998, meeting. The report presented information on a variety of issues. It was voted that the Management Council receive the report from the Academics/Eligibility/Compliance Cabinet. (Unanimous voice vote.) (b) Summer Basketball Recruiting. The Management Council expressed continuing concern about the problems associated with summer basketball recruiting, noted that Proposal No. 98-23 (which has been circulated by the cabinet for membership comment) is an initial attempt at addressing those problems and requested that the cabinet's report in July to the Management Council include an anticipated timetable for recommending additional changes. (c) Initial-Eligibility Standards for Learning-Disabled Student-Athletes. The Management Council received a report on the status of continuing discussions with the Department of Justice concerning the review of accommodations for learning-disabled student-athletes regarding initial-eligibility standards. No specific action was taken. (d) Legislative Review/Interpretations Subcommittee. The Management Council reviewed a decision by the subcommittee and the full cabinet not to support adding a compliance representative of the Collegiate Commissioners Association (CCA) as a nonvoting member of the subcommittee either on a permanent or temporary basis and the subcommittee's endorsement of using the conference-contact program in seeking input from the CCA, when appropriate, on interpretative issues. It was voted that a compliance representative of the CCA be selected as a nonvoting liaison to the Legislative Review/Interpretations Subcommittee. (Unanimous voice vote.) (2) Legislative Review/Interpretations Subcommittee Minutes. (a) It was voted that the interpretations contained in the minutes of Telephone Conferences No. 2, 4 and 5 for 1997, and Minute No. 1 and 2 for 1998 be approved as distributed, except for Item No. 1, 1998 Conference No. 1. (Unanimous voice vote.) (b) The Management Council discussed Item No. 1 of 1998 Conference No. 1 regarding the application of Bylaw 30.10.2.10 to the participation of multiple teams from one conference in exempted, preseason football contests. It was moved and seconded that the Management Council vote on issues regarding Bylaw 30.10.2 be limited to members representing Division I-A conferences. (Withdrawn.) It was voted that all members of the Division I Management Council were eligible to vote on issues regarding Bylaw 30.10.2. (Unanimous voice vote.) (c) It was voted that there should be no penalty assessed as result of the participation of more than one team from the same conference in the 1997 preseason games contrary to Bylaw 30.10.2.10 because there was conflicting information at that time about the proper application of the legislation, which was adopted in 1996, and that the Championships/Competition Cabinet should review how teams will be selected in the future under Bylaw 30.10.2.10. (Unanimous voice vote.) (d) It was moved and seconded that the Management Council not apply the provisions of Bylaw 30.10.2.10 to the 1998 exempted preseason games, which would allow more than one team from a conference to participate in the games. (Defeated -- For 11, against 16, abstain 7.) [See Vote No. 1.] (3) Missouri Valley Request to Review Official Interpretation. The Management Council reviewed a request from the conference that the Management Council reverse a May 5, 1986, official interpretation and exempt from financial aid limits academic awards based on a student-athlete's high-school record. The Management Council noted that the Financial Aid Committee is forwarding to the Academics/Eligibility/Compliance Cabinet a proposal regarding academic honor awards for entering student-athletes. It was voted to table this issue until the Management Council has an opportunity to formally review the Financial Aid Committee's proposal. (Unanimous voice vote.) b.Championships/Competition Cabinet. (1) Report from February 3-5, 1998, meeting. The Management Council reviewed the report from the Championships/Competition Cabinet's February 3-5, 1998, meeting. The report presented information on a variety of issues. It was voted that the Management Council receive the report from the Championships/Competition Cabinet. (Unanimous voice vote.) (2) Bracket/Field-Size Expansion. The Management Council noted the cabinet's strong support for increasing championships opportunities for student-athletes and agreed that the opportunity for student-athletes to participate in championships should be a top Division I priority. It was voted that the Management Council support the expansion of championships brackets in baseball, men's and women's cross country, women's soccer, women's softball, and women's volleyball, and the format changes for women's gymnastics, men's and women's tennis, and women's volleyball, as recommended by the cabinet, if funding is possible in the 1998-99 NCAA budget. The Management Council also encouraged the cabinet to continue reviewing the possible expansion of brackets in other sports based on the consistent application of objective criteria. (Unanimous voice vote.) (3) Procedure for Administering Legislation that Permits a Division I-A Institution to Count a Win Against a Division I-AA Football Opponent Once Every Four Years Toward Eligibility for Postseason Play. It was voted that the Management Council approve a procedure for administering the legislation, which permits a Division I-A member institution to count a win against a Division I-AA opponent, once every four years, toward meeting the minimum six-win requirement for postseason football eligibility. The procedure includes the following: (a) The chief executive officer of a Division I-AA institution will certify in writing to the institution's Division I-AA football conference by November 1 that the institution has averaged at least 60 financial aid equivalencies in the sport of football during the preceding three academic years, based upon the number of financial aid equivalencies at the start of practice each year; (b) The chief executive officer of a Division I-AA football independent institution will certify such information to a designated Division I-AA conference; and (c) An appeals process will be developed to consider unique and/or catastrophic situations that might affect the number of equivalencies. (Unanimous voice vote.) (4) Waiver of Constitution 4.8.1. The Management Council reviewed additional information submitted in response to the Management Council's decision in January to recommend a one-year waiver of Constitution 4.8.1 for the Men's and Women's Fencing Committee and to request the cabinet's position on whether the Men's and Women's Fencing Committee will continue to have difficulty in meeting the subdivisional requirements of Constitution 4.8.1. The cabinet reported that the committee will continue to have difficulty in satisfying the subdivisional requirements of Constitution 4.8.1 because of the numerous legislative requirements regarding the committee's composition and the small number of institutions that sponsor the sport. It was voted that the Management Council recommend that the Board of Directors approve a continuing waiver to the Men's and Women's Fencing Committee of the application of Constitution 4.8.1 regarding subdivision requirements. (Unanimous voice vote.) (5) Pricing Structure for Championship Events. It was voted that the Management Council should request that the cabinet review the pricing structure for admission to all rounds of NCAA championship events, with sensitivity toward the effect of prices on attendance. (Unanimous voice vote.) c. Strategic Planning Cabinet Report. (1) Report of February 10-11, 1998, meeting. The Management Council reviewed the report from the Strategic Planning Cabinet's February 10-11, 1998, meeting. The report presented information on a variety of issues. It was voted that the Management Council receive the report from the Strategic Planning Cabinet. (Unanimous voice vote.) (2) Review of Proposed Goal Statements. The Management Council reviewed goal statements proposed by the cabinet in the 10 emphasis areas previously identified by the Board of Directors that will be included in the two-year Division I strategic plan. The Management Council expressed some concerns regarding the specific language contained in the goal statements, particularly those concerning gender equity and diversity, student-athlete welfare, and championships, playing rules and competition. It was voted that, recognizing that these goal statements are a working draft, the Management Council requested that the Board of Directors adopt the general goal areas without the specific language to allow the cabinet, Management Council and other individuals to develop language that is more active and engaging. (Unanimous voice vote.) The Management Council also noted its interest in continuing to participate in the development of the details of the strategic plan. d. Business/Finance Cabinet Report. (1) Report of February 23-24, 1998, meeting. The Management Council reviewed the report from the Business/Finance Cabinet's February 23-24, 1998, meeting. The report presented information on a variety of issues. It was voted that the Management Council receive the report from the Business/Finance Cabinet. (Unanimous voice vote.) (2) Marketing and Promotional Initiatives. It was voted that the Management Council approve a recommendation from the cabinet that proposals concerning marketing and promotional initiatives first should be presented to the Marketing Committee of the cabinet for review rather than the current practice of presenting such opportunities to the sports committee for the sport involved. (Unanimous voice vote.) 8. Committee Reports. a. Committee on Athletics Certification. Andrea Seger presented the committee's report. (1) Summary of Most Recent Certification Status Decisions. The Management Council reviewed a report from the committee, summarizing the certification status decisions as of its January meeting and the committee's "presumptive conclusions" for the second certification cycle. It was voted that the Management Council receive the committee's report. (Unanimous voice vote.) (2) Recommended Change to Bylaw 23.3.2. It was voted that the Management Council give initial approval to a proposal to specify an additional circumstance under which an institution's certification status decision could be postponed by the Committee on Athletics Certification. b. Committee on Financial Aid. Charlotte West presented an interim status report regarding the committee's review of the possible impact of NCAA financial aid limits for men's and women's sports on gender-equity issues, including information regarding hearings the committee plans to conduct May 11 and publication in The NCAA News of suggestions regarding alternative approaches. It was voted that the Management Council receive the committee's report. (Unanimous voice vote.) c. Student-Athlete Advisory Committee. The Management Council received an oral report regarding student-athlete concerns about proposed legislation involving telephone calls to prospective student-athletes and imposing consequences for excessive class absences; the committee's consideration of requiring emergency medical training for athletics department staff, including coaches; and the committee's strategic plan. No specific action was taken. 9. Report of Management Council Subcommittees. a. Selection Review Committee. Linda Bruno presented the recommendations of the committee for appointments to the following committees: (1) Reselections for Committee on Infractions, Infractions Appeals Committee and Football Issues Committee. It was voted: (a) that the Management Council reselect Richard J. Dunn, University of Washington; Jack H. Friedenthal, George Washington University; and James Park Jr., public member, to the Committee on Infractions; (b) that the Management Council reselect Katherine E. Noble, Big Sky Conference, and Robert A. Stein, public member, to the Infractions Appeals Committee; and (c) that the Management Council reselect Richard P. Dickson, Washington State University, and Rick Taylor, Northwestern University, to the Football Issues Committee. (Unanimous voice vote.) (2) Honors Committee. It was voted that the Management Council select Joseph N. Crowley, University of Nevada. (Unanimous voice vote.) (3) Walter Byers Scholarship Committee. It was voted that the Management Council select David Diles, St. Bonaventure University, and Ronald J. Koperski, Bradley University. (Unanimous voice vote.) (4) Student-Athlete Advisory Committee. It was voted: (a) that the Management Council reselect Jody Sykes, Big Sky Conference; Daniel Muller, Missouri Valley Conference; and Nigel Burton, Pacific-10 Conference; and (b) that the Management Council select Kendrick Moore, Big East Conference; Elisa Fellers, Big South Conference; Brian Dillion, Big West Conference; Bryan Clay, Conference USA; Sheryl Klick, Metro Atlantic Athletic Conference; Jacki Raterman, Mid-American Athletic Conference; Chris Natareschi, Mid-Continent Conference; Kimberly Ann Kutska, Midwestern Collegiate Conference; William Shea, Northeast Conference; Lauren Ann Mackey, Ohio Valley Conference; Megan Gibbons, Patriot League; Tracey Biggs, Southern Conference; and Chris White, Trans America Athletic Conference. (Unanimous voice vote.) b. Administrative Review Subcommittee Report. James Frank presented the subcommittee's report, including a summary of appeals from December 1, 1997, through February 27, 1998, and since August 1, 1997. (1) Proposed Name Change. It was voted that the group should continue to be called the Administrative Review Subcommittee, with the understanding that Divisions II and III would use a comparable name for their administrative review groups. (Unanimous voice vote.) (2) Policies and Procedures. The Management Council reviewed procedures recommended by the subcommittee regarding applications for appeals and the review by the subcommittee. It was voted that the Management Council approve the revised Administrative Review Subcommittee policies and procedures. (Unanimous voice vote.) (3) Membership of the Administrative Review Subcommittee. It was voted that Angela Taylor replace Carol Sprague on the Administrative Review Subcommittee, effective immediately, and that Constance Hurlbut replace James Frank, effective upon his retirement. (Unanimous voice vote.) The Management Council expressed its thanks and appreciation to Frank for chairing the subcommittee during this transition period, and to the subcommittee for its efforts during this timeframe. 10. Report of the April 13 Division I-AA Football Governance Committee Meeting. a. Gregory Sankey reported on the following actions taken by the committee: (1) Contest Exemptions. Voted to support the adoption of Proposal No. 98-28 (Playing and Practice Seasons -- Contest Exemptions -- Football) to require the sponsoring organization of an exempted football contest to be an active or affiliated member of the Association; further, for exempted events in Alaska, Hawaii or Puerto Rico, the sponsoring agency must be an active NCAA member located in that state or territory. (Unanimous voice vote.) (2) Fall Recruitment Calendar. Voted to adopt for Division I-AA Proposal No. 98-31 -- Recruiting Calendar -- Football) to add the month of September to the current fall evaluation period in which nine evaluation days may be used. (Unanimous voice vote.) (3) Subdivisional Representation on Committees. Discussed Proposal No. 98-33 (Division I Governance Structure -- Committee Representation) to delete the requirement that no subdivision of Division I shall have more than 50 percent representation on any committee and took no action. (4) Postseason Bowl Certification Regarding Division I-AA Opponents. Discussed Proposal No. 98-38 (Postseason Bowl Certification -- Division I-A Football) to permit a Division I-A institution, once every four years, to count a win against a Division I-AA opponent in the sport of football toward meeting the six-win requirement for purposes of being considered for postseason bowl competition, provided the Division I-AA opponent has averaged 58 financial aid equivalencies in football during the three preceding academic years and took no action. (5) Friday Night Telecasts. Agreed to table Proposal No. 98-39 (Football Telecast/Cablecast -- Friday Night Games) until the committee's July meeting. (For 8, against 3.) (6) Division I-AA Football Survey. Received the Division I-AA football survey results; noted that 70.5 percent (60/85) of the responses were not interested in a low (15 or less) or nonscholarship football championship and that 25 percent (21/85) have some interest; directed that the report be circulated to those who received the original survey; and requested that the staff provide the committee in July with two separate reports of the survey results for those institutions with 15 or less scholarships awarded and for those with more than 15 scholarships. (7) Division I-AA Summit Issues. Discussed issues identified and ranked by the participants of the Division I-AA summit and agreed that Sankey should contact the Administrative Committee of the Championships/Competition Cabinet to request further review of several Division I-AA football championship issues. (8) Six-Win Requirement for Division I-A Football. Agreed to ask that the Management Council clarify to the Championships/Competition Cabinet that it would not be appropriate to interpretively add, without engaging the legislative process, limitations regarding how Division I-A institutions must designate a Division I-AA game prior to the season as one of the six wins required for the purposes of being considered for postseason competition. (Unanimous voice vote.) [Note: During the Management Council's review of this item, representatives of the Big 12 Conference (the original sponsor of the legislation that permits a game against a Division I-AA opponent to be counted) indicated that the sponsor's intent was not to require the game to be identified prior to the season.] (9) Marketing Study for Division I-AA Football. In response to direction from the Business/Finance Cabinet, the committee narrowed its prior request for a marketing study and asked that the cabinet include in the 1998-99 budget an examination of the conduct, enhancement, marketing and promotion of the Division I-AA Football Championship, including exploration of the potential for regional/national Division I-AA regular-season television coverage and the potential to improve the championship, and that the Championships/Competition Cabinet review these issues regarding the Division I-AA Football Championship. (10) Promotion of Division I-AA Football. Requested that representatives from Host Communications, Inc., attend the committee's July meeting to discuss the progress made to promote Division I-AA football, including the identification of various markets and the potential to promote the championship. It was voted that the Management Council receive the report. (Unanimous voice vote.)
11. Review of Legislative Proposals (Including Membership Comment) Initially Approved by the Management Council During its January 9-10 and 12 Meetings. The Management Council considered Proposal Nos. 97- a. Proposal No. 97-20 (MC1) -- Gambling Activities. The Management Council considered a proposal to specify that the provisions of 10.3 are applicable to staff members of member conferences. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) b. Proposal No. 97-21 (MC1) -- Off-Campus Recruiting -- Men's Volleyball. The Management Council considered a proposal to permit two coaches in the sport of men's volleyball to contact and evaluate prospects off campus at any one time. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) c. Proposal No. 97-22 (MC1) -- Telephone Calls -- Men's And Women's Basketball. The Management Council considered a proposal to permit institutions in the sports of men's and women's basketball to make one telephone call to a prospect [or the prospect's parents or legal guardian(s)] after June 20 of the prospect's junior year in high school; further, to permit only three telephone calls to a prospect [or the prospect's parents or legal guardian(s)] during the month of July following the prospect's junior year in high school, with the restriction that no more than one telephone call may occur per week. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) d. Proposal No. 97-23 (MC1) -- Evaluations -- De Minimis Violations. The Management Council considered a proposal to specify that violations of 13.1.9 shall not render a prospect ineligible while retaining the fact that such a violation shall be considered an institutional violation. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) e. Proposal No. 97-24 (MC1) -- Unofficial Visit -- National Girls and Women in Sports Day. The Management Council considered a proposal to specify that National Girls and Women in Sports Day activities held on an institution's campus are exempt from the limitations on providing entertainment to a prospect. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) f. Proposal No. 97-26 (MC1) -- Initial Eligibility -- Multiple High-School Attendance. The Management Council considered a proposal to permit the Initial-Eligibility Clearinghouse to receive the official transcript from a student's original high school(s) or the high school from which the student-athlete graduated for purposes of certifying the student's initial-eligibility core-curriculum requirements in those instances in which a student has attended multiple high schools. It was voted that the Management Council clarify that the effective date is for student-athletes initially entering a Division I institution on or after August 1, 1998, and that the Management Council give final approval as clarified and forward the proposal to the Board of Directors for adoption." (Unanimous voice vote.) g. Proposal No. 97-27 (MC1) -- Outside Competition -- Field Hockey. The Management Council considered a proposal to permit student-athletes in the sport of field hockey to compete on an outside team during the spring term outside the institution's playing and practice season under specified conditions. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) h. Proposal No. 97-28 (MC1) -- Financial Aid -- Outside Sources. The Management Council considered a proposal to permit a student-athlete (recruited or nonrecruited) who is the recipient of a permissible outside financial aid award administered pursuant to 15.2.5.3 and 15.2.5.4 to receive such an educational award directly from the awarding agency, provided the aid is awarded prior to the recipient's initial enrollment at a member institution and the awarding agency provides written notification of the award to the institution. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) i. Proposal No. 97-29 (MC1) -- Playing And Practice Season -- Swimming And Diving. The Management Council considered a proposal to permit a Division I student-athlete who is a diver to engage in diving practice sessions beyond the conclusion of the institution's swimming and diving playing season, provided any student-athlete does not engage in more than a 144-day playing and practice season. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) j. Proposal No. 97-30 (MC1) -- Championships -- Emerging Sports. The Management Council considered a proposal to permit a National Collegiate Championship or a division championship to be established through the 2003-04 academic year for those emerging sports in which the Association does not already conduct a championship if at least 40 institutions sponsor the sport. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) k. Proposal No. 98-9 (MC1) -- Financial Aid Limitations. The Management Council considered a proposal to permit an academically eligible Division I student-athlete subsequent to the first academic year in residence at the certifying institution to earn legitimate on- and off-campus employment income during semester or term time, provided such income in combination with other financial aid included in the student-athlete's individual limit does not exceed the value of a full grant plus $2,000 at the institution; further, to permit a student-athlete to receive on- or off-campus employment earnings up to $2,000 without considering such aid to be institutional financial aid, provided the employment is not in the athletics department or an athletics facility (owned or operated by the athletics department). It was voted that the Management Council clarify the restrictions on employment in athletics facilities to permit employment earnings for work in the institution's recreational unit to be exempt from team and individual financial aid limits up to $2,000. (For 25, against 9.) [See Vote No. 2.] It was voted that the Management Council give final approval as clarified and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) l. Proposal No. 98-10 (MC1) -- Academics/Eligibility/Compliance Cabinet -- Former NCAA Professional Sports Liaison Committee Functions. The Management Council considered a proposal to specify that duties of the former Professional Sports Liaison Committee should be coordinated by the Academics/Eligibility/Compliance Cabinet Subcommittee on Amateurism and Agents. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) m. Proposal No. 98-11 (MC1) -- Infractions Appeals Committee. The Management Council considered a proposal to permit the chair of the Division I Infractions Appeals Committee to request that the Division I Management Council designate a former member of the committee to participate in the consideration and disposition of a case if it appears that one or more members of the committee will be unable to participate in the hearing of that case. It was voted that the Management Council give final approval and forward the proposal to the Board of Directors for adoption. (Unanimous voice vote.) 12. Proposals Recommended by the Cabinets. a. Proposals Circulated to the Division I Membership (Including Membership Comments). The Management Council reviewed proposals submitted by the cabinets to the Management Council for initial approval and comments submitted by the membership during the 60-day comment period and took the following actions: (1) Proposal No. 97-41 (AEC) -- Eligibility -- Athletics Activities Waiver. The Management Council reviewed a proposal to permit an extension of the five-year period of eligibility when a student-athlete is unable to participate in intercollegiate athletics as a result of his or her participation in one of the athletically related training activities specified in Bylaw 14.2.1.5. It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (Unanimous voice vote.) (2) Proposal No. 97-42 (AEC) -- Financial Aid -- Reduction or Cancellation. The Management Council reviewed a proposal to permit an institution to cancel or gradate athletically related financial aid in circumstances where the student-athlete misses an excessive number of classes without an excuse. It was moved and seconded that the Management Council give initial approval to the proposal. (Defeated--For 14, against 20.) [See Vote No. 3.] (3) Proposal No. 97-43 (AEC) -- Financial Aid -- Professional Sports Organization. The Management Council reviewed a proposal to permit an institution to continue providing financial aid for the remainder of the term of the award to a student-athlete who completes his or her eligibility in a sport and signs a contract or receives compensation from a professional sports organization. It was voted that the Management Council amend the proposal to indicate that the legislation applies only to situations in which the student-athlete has exhausted eligibility and that the legislation also applies when student-athletes accept payment from agents. (Unanimous voice vote.) It was voted that the Management Council give initial approval to the proposal as amended and circulate it to the membership for comment. (Unanimous voice vote.) b. Proposals To Amend Administrative Regulations from February Cabinet Meet-ings. The Management Council reviewed the amendments to Bylaws 30 and 31 recommended by cabinets and took the following actions: (1) Proposal No. 98-27 (CC) -- Playing and Practice Seasons -- Contest Exemptions -- Sports Other than Football. The Management Council reviewed a proposal to specify that in sports other than football, NCAA institutions sponsoring an exempted contest are responsible for team selection, which must be open to all Division I members. It was voted that the Management Council approve the proposal and forward it to the Board of Directors for adoption. (Unanimous voice vote) (2) Proposal No. 98-28 (CC) -- Playing and Practice Seasons -- Contest Exemptions -- Football. The Management Council reviewed a proposal to require the sponsoring organization of an exempted football contest to be an active or affiliated member of the Association; further, for exempted events in Alaska, Hawaii or Puerto Rico, the sponsoring agency must be an active NCAA member located in that state or territory. It was voted that the Management Council approve the proposal and forward to the Board of Directors for adoption. (Unanimous voice vote.) (3) Proposal No. 98-29 (CC) -- Playing and Practice Seasons -- Contest Exemptions -- Sports Other than Basketball and Football. The Management Council reviewed a proposal to specify that in sports other than football and basketball, an institution is prohibited from participating in more than one certified exempted contest in the same sport during the same academic year. It was voted that the Management Council approve the proposal and forward it to the Board of Directors for adoption. (Unanimous voice vote.) (4) Proposal No. 98-30 (CC) -- Playing and Practice Seasons -- Contest Exemptions --Sports Other than Football. The Management Council reviewed a proposal to specify that in sports other than football, the trademark of a contest, if any, must be held by an NCAA institution in order for the contest to receive certification as an exempted event. It was voted that the Management Council approve the proposal and forward it to the Board of Directors for adoption. (Unanimous voice vote.) (5) Proposal No. 98-31 (AEC) -- Recruiting Calendar -- Football. The Management Council reviewed a proposal to add the month of September to the current fall evaluation period in which nine evaluation days may be used. It was voted that the Management Council approve the proposal and forward it to Board of Directors for adoption. [Divided Vote: Division I-A, unanimous voice vote. See Item No. 10-a-(2) above for Division I-AA vote.]
(6) Proposal No. 98-32 (CC) -- NCAA Championships -- Sunday Competition. The Management Council reviewed a proposal to eliminate the requirement that specifies It was voted that the Management Council approve the proposal and forward it to the Board of Directors for adoption. (Unanimous voice vote.) c. Proposal No. 97-25 (CC) -- Foreign Tours -- Seasons of Competition. The Management Council reviewed a proposal regarding foreign tours and seasons of competition that would permit a student-athlete to engage in competition on an institution's foreign tour conducted after the intercollegiate season and prior to the start of the next academic year without using a season of competition, and that would permit student-athletes who were enrolled as full-time students the previous academic year to participate on a summer tour. The Management Council had referred this proposal in January to the Championships/Competition Cabinet for additional consideration. (1) It was voted that the Management Council amend the proposal as initially suggested by the Pacific-10 Conference during the comment period to permit student-athletes who were enrolled full time at the institution during the previous academic year and who have established by the beginning of the tour that they will be eligible to compete at the beginning of the academic year immediately following the tour to participate on the tour. (Unanimous voice vote) (2) It was voted that the Management Council give initial approval to the legislation and forward it to the membership for comment. (Unanimous voice vote.) 13. Review of Legislative Proposals Submitted by Conferences for Initial Approval. The Management Council reviewed proposals formally submitted by conferences to the Management Council for initial approval and took the following actions: a. Proposal No. 98-33 -- Division I Governance Structure -- Committee Representation. The Management Council considered a proposal to delete the requirement that no subdivision of Division I shall have more than 50 percent representation on any committee. (1) It was voted that the Management Council amend the effective date from immediately to August 1, 1999. (For 29, against 5.) [See Vote No. 4.] (2) It was voted that the Management Council refer the proposal to the cabinets for comment, create an ad hoc subcommittee of the Management Council and request that the cabinets and Management Council subcommittee report to the full Management Council at its July meeting. (For 18, against 16.) [See Vote No. 5.] b. Proposal No. 98-34 -- Playing and Practice Seasons -- Conference Championships -- Football. The Management Council reviewed a proposal to establish the Saturday after Thanksgiving as the final date on which a conference championship game may be played in the sport of football. It was voted that the Management Council refer the proposal to the Championships/ Competition Cabinet and note that the Football Issues Committee should have an opportunity to submit comments to the cabinet. (Unanimous voice vote.) c. Proposal No. 98-35 -- Division I Legislative Process. The Management Council reviewed a proposal to require that proposed legislative changes acted upon by the Board of Directors of Management Council be published within 15 days of the Board of Directors or Management Council's actions, and that deadlines for override of the Board's action to adopt or failure to adopt a legislative change and comments regarding the Management Council's initial approval of a proposed legislative change be received in the national office within 60 days from when such action occurs. It was voted that the Management Council give initial approval to the proposal and forward it to the membership for comment. (Unanimous voice vote.) d. Proposal No. 98-36 -- Recruiting -- Publicity -- Contests Involving National Teams. The Management Council reviewed a proposal to allow athletics department staff members to serve as announcers or commentators during national team events, including the Olympic Games, regardless of whether there are prospective student-athletes involved in such competition. It was voted that the Management Council refer the proposal to the Academics/Eligibility/Compliance Cabinet. (Unanimous voice vote.) e. Proposal No. 98-37 -- Amateurism -- Developmental Training Expenses. The Management Council considered a proposal to allow currently enrolled student-athletes, as well as prospective student-athletes, to receive funding to cover actual and necessary developmental training expenses that are approved by the U.S. Olympic Committee or appropriate national governing body. It was voted that the Management Council refer the proposal to the Olympic Sports Liaison Committee. (Unanimous voice vote.) f. Proposal No. 98-38 -- Postseason Bowl Certification -- Division I-A Football. The Management Council considered a proposal to permit a Division I-A institution, once every four years, to count a win against a Division I-AA opponent in the sport of football toward meeting the six-win requirement for purposes of being considered for postseason bowl competition, provided the Division I-AA opponent has averaged 58 financial aid equivalencies in football during the three proceeding academic years. It was moved and seconded that the Management Council give initial approval to the proposal. (Defeated--For 1, against 14, not voting 3; Division I-A vote only.) [See Vote No. 6.]
g. Proposal No. 98-39 -- Football Telecast/ h. Proposal No. 98-40 -- Outside Competition -- Basketball -- Military Service Exception. The Management Council considered a proposal to permit a basketball student-athlete who is an active member of a military service to participate in organized basketball competition while not representing his or her institution in intercollegiate competition prior to the expiration of his or her five-year clock. (1) It was voted that the Management Council amend the exception to apply only one time for a maximum one-year period. (Unanimous voice vote.) (2) It was voted that the Management Council refer the proposal to the Academics/Eligibility/Compliance Cabinet for further review, including consideration of National Guard Service and the effect of the proposal on the student-athlete's five-year period of eligibility. (Unanimous voice vote.) i. Proposal No. 98-41 -- Financial Aid -- Foreign Student-Athletes -- Withholding Tax. The Management Council considered a proposal to permit an institution to provide the value of a full grant (i.e., tuition, fees, room and board, and books) to a foreign student-athlete and, in addition, to pay the foreign student's withholding tax to the government. It was voted that the Management Council refer the proposal to the Financial Aid Committee for review and guidance on how best to accomplish the goal of the legislation if the Management Council decides to support it. (Unanimous voice vote.) 14. Review of Appeal Procedures Established by the Former NCAA Council. The Management Council reviewed recommended procedures for Division I appeals, appearances and hearings before the Management Council of any cabinet or committee action that is subject to Management Council review. The Management Council provided editorial suggestions for clarifying appeal procedures. It was voted that the Management Council approve the suggested procedures for Division I appeals to the Management Council when permitted by the bylaws and that the Administrative Committee of the Management Council should review each request to determine whether there should be an appeal opportunity. (Unanimous voice vote.) 15. Membership Issues. a. Quarterly Status Report on NCAA Membership. The Management Council reviewed the quarterly status report and took no action. b. Consideration of $2,500 Application Fee for Provisional Members as Recommended by Divisions II and III. It was voted that the Management Council recommend that the Board of Directors use its authority to adopt emergency noncontroversial legislation to establish a nonrefundable $2,500 application fee (in addition to annual dues) as a requirement for provisional membership in any division. (Unanimous voice vote.) 16. Other Business. a. Legislation Defeated by the Cabinets. It was voted that a formally submitted proposal that is defeated by a cabinet should include a rationale statement for the defeat from the cabinet when it is circulated for membership comment. (Unanimous voice vote.) b. Sponsorship of Legislation Concerning Football. It was voted that only a conference eligible to vote on a legislative proposal regarding football may formally sponsor such a proposal. (Unanimous voice vote.) c. Statement by Olympic Sports Liaison Committee. The Management Council reviewed a statement drafted by the Olympic Sports Liaison Committee regarding the decline in Olympic sports programs and took no specific action. d. Restricted-Earnings Coach -- Five-Year Limitation. It was voted that the Management Council approve and agree to forward to the Board of Directors legislation [Proposal No. 97-1] to eliminate the five-year length of service restriction for restricted-earnings coaches in basketball. The Management Council noted that the identical proposal was circulated to the membership for comment and approved by the Management Council in the fall of 1997, and recommended adoption by the Board during its April meeting. (Unanimous voice vote.) e. Closing Remarks. The Management Council expressed appreciation for the service to the Management Council of James Frank, Bridget Niland and Charlotte West, whose service on the Management Council will be expiring upon their retirement or the conclusion of the meeting. 17. Future Meeting Dates and Sites. The Management Council noted its future meeting dates and sites. a. July 27-28, 1998, Sheraton Society Hill, Philadelphia, Pennsylvania. b. October 19-20, 1998, Westin Hotel, Indianapolis, Indiana. c. January 8-9, 1999, San Antonio, Texas (in conjunction with the 1999 NCAA Convention). |