The NCAA News - News and Features

The NCAA News -- January 4, 1999

Division II Management Council minutes

Following are the minutes of the October 19-20, 1998, meeting of the Division II Management Council at the Westin Hotel in Indianapolis. All actions taken by the Management Council are included. Highlights of the meeting were reported in the November 9, 1998, issue of The NCAA News.

1. Announcements. Lynn L. Dorn, chair, reported a recommendation from the Division II Management Council Policies and Procedures Project Team regarding confidentiality policies for Management Council business. After discussing this issue, the Management Council agreed to adopt the following confidentiality policy:

a. Management Council members may not report the actions of the Management Council to individuals outside the Management Council until the meeting adjourns.

b. Actions the Management Council takes that must be ratified/approved by the Presidents Council should not be reported until ratification by the Presidents Council. It was noted that these are issues that the chair, in consultation with the staff liaisons, should look for and identify throughout the meeting (e.g., those issues that are of such a sensitive nature that they should not be reported until after ratification by the presidents).

c. When an issue is extremely sensitive, an "executive session" will be called, alerting the Management Council to the fact that the issue cannot be discussed at any time outside the meeting. It was noted that calling an "executive session" would not require the staff to leave the meeting.

2. Minutes. The Management Council reviewed the minutes of its July 27-29, 1998, meeting.

It was voted that the July 27-29, 1998, minutes be approved as distributed.

3. Report of the Presidents Council's August 11 Meeting.

a. The Management Council reviewed the minutes of the August 11, 1998, Presidents Council's meeting without taking any formal action.

b. The Management Council reviewed the two distribution formula models for the Division II Enhancement Fund it had recommended to the Presidents Council in August. The Management Council noted that both models (1) embrace the Division II conference structure and (2) reflect the Division II philosophy of competitive excellence and participation opportunities.

It was voted that the Management Council affirm its support for the two distribution formula models for the Division II Enhancement Fund that it forwarded to the Presidents Council for consideration during its August meeting.

c. It was voted that the Management Council ask the Division II Championships Committee to develop a definition of a conference championship for purposes of the distribution formula model that includes the number of championships sponsored by a conference as a component.

d. The Management Council agreed that the Division II Enhancement Fund issue is of such importance to the membership that it will recommend to the Presidents Council that the two models should be presented to the Division II membership for discussion during a forum at the 1999 NCAA Convention.

e. The Management Council discussed the concept of whether funds from Division II's unallocated funds should be used to assist conferences that are projected to receive less money than they receive under the current distribution formula. It was the sense of the Management Council that careful consideration should be given to using the unallocated funds for this purpose. The Management Council noted that the projected distribution to conferences under each proposed distribution model is not exact and that there are many factors (e.g., membership growth, success in the basketball tournaments) that could change the future distribution amounts. The Management Council agreed that if unallocated funds are to be used, the decision to use such funds should go through the regular Division II budget cycle.

4. Report of the Executive Committee's August 12 Meeting. The Management Council reviewed the minutes of the August 12, 1998, Executive Committee meeting and the August 12, 1998, meeting of the CEO Ad Hoc Committee on Diversity without taking any formal action.

5. Review of Committee Recommendations Affecting Division II. The Management Council reviewed recommendations from various Association-wide and Division II committees:

a. Association-Wide Committees.

(1) Core-Course Review Committee. The Management Council considered a committee recommendation to increase the number of representatives by two in the "additional academic" discipline area (computer science, nondoctronal religion/philosophy and foreign language) on the committee.

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation, pursuant to NCAA Constitution 5.3.1.1.1, to increase the number of institutional representatives as suggested by the committee.

(2) Initial-Eligibility Clearinghouse Committee.

(a) The Management Council considered a committee recommendation to amend a previous Academic Requirements Committee interpretation [reference: July 31, 1996, minutes; Item No. 7 (transcript without yearly grade policy)] to permit the NCAA Initial-Eligibility Clearinghouse to average two semester grades upon receipt of a prospective student-athlete's transcript without requiring the high school to submit official documentation verifying the averaging of the grades, provided the high-school transcript indicates the prospective student-athlete was awarded one full credit by the high school. [It was noted that this recommendation also was made by the Division II Academic Requirements Committee.]

It was voted that the Management Council issue an interpretation to permit this averaging to occur as suggested by the committee.

[Note: The Management Council also agreed that a prospective student-athlete who is not eligible and whose high school subsequently submits documentation for a more liberal averaging policy should have his or her case handled through the initial-eligibility waiver process.]

(b) The Management Council agreed not to take action to replace Bob Becker as the Management Council representative on the committee until immediate and January 1999 Management Council vacancies have been filled, inasmuch as the committee had suggested that a female athletics administrator be appointed as the representative.

(3) Committee on Women's Athletics.

(a) Senior Woman Administrator. The Management Council considered a report from the committee recommending sponsorship of legislation to mandate the designation of a senior woman administrator in Division II and also to clarify the status and role of that position. After reviewing a confidential, legal opinion from the Association's general counsel, the Management Council agreed to refer this issue to the Division II Project Team to Review Issues Related to Diversity for further consideration.

(b) Equestrian. The Management Council reviewed a recommendation by the committee to identify the sport of equestrian as an emerging sport for women as listed in Bylaw 20.02.5.

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation, pursuant to Constitution 5.3.1.1.1, to include equestrian in the list of emerging sports for women.

b. Division II Committees.

(1) Student-Athlete Reinstatement.

(a) Season-of-Competition Issues. The Management Council considered a committee recommendation that the Presidents Council sponsor legislation for the 2000 Convention to amend Bylaw 14.2.6 (season-of-competition waiver). The Management Council agreed not to recommend sponsorship at this time; instead, the Management Council noted that these eligibility cases should continue to be reviewed by the Division II Administrative Review Subcommittee on a case-by-case basis.

(b) De Minimis Legislative Proposals. The Management Council considered a committee recommendation that the Presidents Council sponsor two de minimis legislative proposals for the 2000 Convention. The Management Council noted that these proposals, similar to those adopted at the 1996, 1997 and 1998 Conventions, decrease the number of circumstances in which an institution is required to declare a student-athlete ineligible as a result of a violation where the student-athlete did not receive a benefit and little or no recruiting or competitive advantage occurred.

It was voted that the Management Council recommend that the Presidents Council sponsor for the 2000 Convention the two de minimis legislative proposals as recommended by the committee.

(2) Student-Athlete Advisory Committee. The Management Council accepted the committee's report without taking any formal action. The Management Council also reviewed the evaluations from the 1998 Management Council/Student-Athlete Advisory Committee Summit, and agreed this information will be used to help plan the 1999 Summit.

(3) Nominating Committee.

(a) The Management Council reviewed the committee's recommendations for filling vacancies on the Division II Championships Committee and the Division II Nominating Committee.

It was voted that the Management Council recommend that the Presidents Council ratify the following committee appointments:

(i) Championships -- Don Amiot, director of athletics, University of Minnesota, Mankato.

(ii) Nominating -- Geraldine Knortz, director of athletics, Saint Michael's College.

(b) The Management Council discussed various issues related to the process followed by the Championships Committee and the Nominating Committee in filling sports committee vacancies. No formal action was taken.

(4) Membership.

(a) Provisional Membership Requirements.

(i) Brigham Young University. The Management Council reviewed a committee recommendation that the active membership of Brigham Young University, Hawaii, be revoked and that the institution be immediately placed back in year three of the three-year provisional membership period for failing to meet one of the conditions placed on the institution when it was approved as an active member by the Division II Administrative Committee during its August 25 telephone conference.

It was moved and seconded that the Management Council revoke Brigham Young-Hawaii's active membership. [For 5, against 11.]

[Note: The Management Council discussed other options and agreed to notify the institution and its conference in writing about the noncompliance issue and ask the institution to outline an action plan to address the noncompliance. In addition, the Management Council agreed to refer the noncompliance matter to the NCAA enforcement staff for review.]

(ii) The Management Council agreed that provisional members should be held to the standards of compliance with NCAA rules during the four-year provisional membership period.

(b) Active Members -- Chaminade University/University of Hawaii at Hilo. The Management Council considered a committee recommendation that Chaminade University and the University of Hawaii at Hilo be notified of apparent noncompliance with Constitution 3.2.1.4 (four-sport/three-season competition). The committee recommended that a waiver per Constitution 3.2.5.2.1 be granted to these institutions beginning September 1, 1994, and ending August 31, 1999.

It was voted that the Management Council approve the committee's recommendation and that both institutions be required to forward to the Division II Membership Committee by January 31, 1999, a plan (signed by the chief executive officer) to add a women's winter sport during the 1999-2000 academic year.

(c) Waiver -- Quincy University. The Management Council considered a committee recommendation that a football scheduling waiver request from Quincy University be denied.

It was voted that the Management Council support the committee's recommendation to deny the waiver request, inasmuch as the waiver criteria set forth in Bylaw 20.9.4.4.2 do not apply to institutions that have met NCAA scheduling requirements and that now are deciding whether to apply for membership in an NAIA football conference.

(5) Legislation.

(a) NCAA Bylaw 15.2.4. The Management Council considered a committee recommendation that Bylaw 15.2.4.2 (government grants--Pell grants) be editorially revised to include a reference to Pell grants within the list of other exempted government grants.

It was voted that the Management Council approve the editorial revision as recommended by the committee.

(b) Bylaw 16.13.1. The Management Council reviewed a recommendation from the committee that Bylaw 16.13.1 be amended to require institutions to file a request for an incidental-expense waiver within five business days of receiving approval from the NCAA staff, with the understanding that the institution could request an extension of this period in instances in which extenuating circumstances exist.

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation, pursuant to Constitution 5.3.1.1.1, to amend Bylaw 16.13.1 as suggested by the committee.

(c) Bylaw 13.4.2. The Management Council considered the rationale from the Interpretations Subcommittee of the Legislation Committee regarding an interpretation of Bylaw 13.4.2 (video materials) that precludes members of a Division II institution's coaching staff from showing prospective student-athletes computer recruiting presentations (e.g., use of presentation software). The Management Council noted that the subcommittee agreed that permitting institutions to prepare computer recruiting presentations by using presentation software (e.g., Power Point) during the recruiting process was contrary to the original intent of the permissible recruiting materials legislation and also can be costly to an institution.

It was moved and seconded that the Management Council affirm the subcommittee's interpretation. (Defeated -- voice vote.)

(d) Manual Format. The Management Council discussed a recommendation from the committee that the numerical gaps and textual references to Divisions I and III be deleted in the Division II Manual, as well as a recommendation that a separate chart be created that would identify bylaw cites in Divisions I and III that would correspond to bylaw cites of similar legislation in Division II.

It was voted that the Management Council recommend that the Presidents Council approve the Manual format changes as suggested by the committee.

(6) Championships.

(a) Sunday Competition Rule. The Management Council reviewed a recommendation by the committee that Bylaw 31.1.4 (Sunday competition) be amended to accommodate institutions participating in NCAA Division II championships that have a written institutional policy that prohibits competition on any particular day, as opposed to Sunday only, for religious reasons. In addition, the committee recommended that a sports committee can request a waiver of this requirement if the governing sports committee concludes that accommodating the institution's policy would be too disruptive to the conduct of the championship.

It was voted that the Management Council recommend that the Presidents Council modify Bylaw 31.1.4, pursuant to its authority set forth in Constitution 4.3.2-(e), as suggested by the committee (effective August 1, 1999).

(b) Softball Rules.

It was voted that the Management Council approve a Committee on Competitive Safeguards and Medical Aspects of Sports recommendation to modify Softball Rule 3-5, effective the fall of 1999, to require that all catchers wear a protective helmet when fielding their position; further, that the penalty for noncompliance will be that the player shall not be allowed to catch; however, the player will not be ejected from the contest.

(c) Track and Field Rules.

It was voted that the Management Council approve a committee recommendation to modify Track and Field Rule 2-11-5 (women's javelin), effective 1999, to require that the maximum distance from the tip of the metal head of the javelin to the center of gravity be 0.92 meters.

(d) Rules Oversight Responsibilities. The Management Council reviewed a recommendation from the committee that the committee's oversight responsibility for playing rules per Bylaw 21.7.6.2.2-(c) be expanded to include rules that affect an institution's ability to administer regular-season competition and/or the ability of a governing sports committee to administer NCAA championships competition.

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation, pursuant to Constitution 5.3.1.1.1, to amend Bylaw 21.7.6.2.2-(c) as suggested by the committee.

(e) Basketball Awards. The Management Council reviewed a recommendation from the committee that the watches provided to the second-place teams in the Division II Men's and Women's Basketball Championships be eliminated, effective with the 2000 championships. The committee noted that this will provide consistency in the awards program for all Division II championships.

It was voted that the Management Council recommend that the Presidents Council approve the change as suggested by the committee.

(f) Governing Sports Committee Chairs Meetings. The Management Council reviewed a recommendation from the committee that it be permitted to conduct meetings with the chairs of the team governing sports committees and the chairs of the individual-team governing sports committees in alternate years. It was noted that the Management and Presidents Councils approved such meetings in 1997 and 1998.

It was voted that the Management Council recommend that the Presidents Council continue to support this concept.

(7) Academic Requirements.

(a) International Baccalaureate (IB) Certificate. The Management Council considered a recommendation to permit the Initial-Eligibility Clearinghouse staff to use information it receives from the IB Web site when certifying foreign student-athletes as recommended by the committee. The Management Council noted that current policy requires that the clearinghouse receive the original IB Certificate prior to certification. The committee explained that the certificates are not issued until October, making it impossible to certify a foreign student-athlete who has completed the IB program, prior to the start of the fall term, and a policy change approved by the Management Council would permit the clearinghouse to certify a foreign student-athlete prior to the start of the fall season.

It was voted that the Management Council approve the policy change as recommended by the committee.

(b) Satisfactory-Progress/Remedial-Course Interpretation. The Management Council reviewed Bylaws 14.4.3.3.2, 14.4.3.3.2.1, 14.4.3.3.2.2 and 14.4.3.4.6 with regard to student-athletes who take nondegree-applicable remedial courses subsequent to their first year of collegiate enrollment and whether those courses can be used in calculating the student-athlete's grade-point average for satisfactory-progress purposes. The Management Council considered a committee recommendation that in accordance with Bylaw 14.4.3.4.6-(d) (remedial, tutorial or noncredit courses), only courses completed during the student-athlete's first academic year of collegiate enrollment may be used to meet satisfactory-progress requirements.

It was voted that the Management Council issue an interpretation (with an August 1999 effective date) confirming that nondegree-applicable remedial courses, taken subsequent to the student-athlete's first year of collegiate enrollment, may not be considered when calculating the student-athlete's grade-point average for continuing-eligibility purposes (even if institutional policy permits such courses to be used in determining the student-athlete's grade-point average at the institution).

(c) Subcommittee on Initial-Eligibility Waivers. The Management Council received a report from the Academic Requirements Committee Subcommittee on Initial-Eligibility Waivers on the waiver cases considered since August. It was noted that since that time, the subcommittee considered 102 cases and recommended approval of 37 percent of the cases, partial approval of nine percent of the cases and denial of 54 percent of the cases.

(d) Subcommittee on Satisfactory-Progress Waivers. The Management Council received a report from the Academic Requirements Committee Subcommittee on Satisfactory-Progress Waivers on the waiver cases considered since January. It was noted that since that time, the subcommittee considered 15 cases and recommended approval of 60 percent of the cases and denial of 40 percent of the cases.

6. Review of Division II Administrative Committee Actions.

It was voted that the Management Council approve the actions of the Division II Administrative Committee in 1998 Conference Nos. 5 and 6.

7. NCAA Convention and Legislation.

a. Schedule of Division II Events and Meetings at the 1999 Convention. The Management Council discussed the joint Management and Presidents Councils' meeting that is scheduled for Saturday, January 9, in conjunction with the 1999 Convention. The Management Council noted the following as possible topics for the joint meeting: strategic planning; diversity issues; role of the senior woman administrator in Division II; restricted-earnings coaches lawsuit and the potential impact on Division II; and review of the projected number of provisional members that will become active Division II members within the next three to five years and the potential impact on the Division II budget.

b. Report of the Convention Planning Project Team. The Management Council reviewed the project team's suggested format and topics for the Division II Issues Forum and the Division II business session.

It was voted that the Management Council approve the format and topics for Convention activities as suggested by the project team and recommend that the Presidents Council approve these recommendations, as well.

c. Review of Proposed Legislation. The Management Council reviewed the proposed legislation for the 1999 Convention (as noted in the Second Publication of Proposed Legislation) and agreed to make the following recommendations to the Presidents Council:

Proposal No. 2-1 -- The Management Council agreed to recommend that the Presidents Council oppose this proposal. [Note: In making its recommendation, the Management Council reviewed a recommendation from NCAA legal counsel regarding the legal implications of the proposal.]

Proposal No. 2-5 -- The Management Council agreed to recommend that the Presidents Council take no position on this proposal.

Proposal No.2-9 -- The Management Council agreed to recommend that the Presidents Council oppose this proposal.

Proposal No.2-10 -- The Management Council agreed to recommend that the Presidents Council oppose this proposal.

Proposal No.2-18 -- The Management Council agreed to recommend that the Presidents Council take no position on this proposal. [Note: A motion to support the proposal was defeated -- for 8, against 9.]

Proposal No.2-19 -- The Management Council agreed to recommend that the Presidents Council oppose this proposal.

Proposal No.2-20 -- The Management Council agreed to recommend that the Presidents Council withdraw this proposal, inasmuch as it appears that legislation is not necessary to create a Division II women's golf championship.

[Note: Bylaw 18.2.6 indicates that if a National Collegiate Championship and two division championships exist in the same sport, the National Collegiate Championship automatically shall become a division championship for the remaining division that does not sponsor a division championship in that sport (provided the institutional sponsorship requirement is met).]

Proposal No.2-22 -- The Management Council agreed to recommend that the Presidents Council support this proposal.

Proposal No.2-23 -- The Management Council agreed to recommend that the Presidents Council oppose this proposal.

[Note: The Management Council agreed that if the Presidents Council opposes the proposal, it will be important to make clear that the Management and Presidents Councils continue to support the elimination of geographic proximity, but that both groups have a concern about this particular approach.]

d. Noncontroversial Legislation per Constitution 5.3.1.1.1. The Management Council took no action.

e. Modification of Legislation Based on Intent per Constitution 5.4.1.1.1. The Management Council took no action.

f. Administrative Regulations (Bylaws 30, 31 and 32). The Management Council approved the legislative form of an amendment to Bylaw 31.10.5 (Infractions Appeals Procedures) that was approved in concept during its August meeting.

g. Modification of Bylaw 30.1.1. The Management Council reviewed a proposal that is being considered in the Division I governance structure to amend Bylaw 30.1 (admissions and graduation-rate disclosure) to eliminate the requirement that institutions send admissions and graduation-rate information as specified in Bylaw 30.1 directly to the NCAA national office. The Management Council noted that beginning last year, the NCAA reporting form was replaced by the IPEDS GRS-1, which all institutions of higher education are required to complete. The census bureau is collecting the information and is willing to forward the data electronically to the NCAA; thus, it no longer is necessary for institutions to forward the GRS-1 directly to the national office.

It was voted that the Management Council recommend that the Presidents Council, pursuant to Constitution 4.3.2-(e), modify Bylaw 30.1 consistent with the proposal being considered in Division I.

8. Review of Interpretations Subcommittee of the Division II Legislation Committee Minutes.

It was voted that the Management Council approve an interpretation recommended by the subcommittee indicating that a state high-school association may produce and send to state high schools an education poster that includes picture/biographical information of former NCAA student-athletes under certain specified conditions.

9. Division II Project Team and Subcommittee Reports.

a. Project Teams.

(1) Amateurism Project Team. The Management Council received a status report on the appointment of members to the Division II Amateurism Project Team, which was established during the Management and Presidents Councils' July and August meetings.

(2) Strategic Planning Project Team. The Management Council received a report regarding the work of the project team to involve the Division II membership in the strategic planning process.

(3) Project Team to Review Management Council Policies and Procedures. The Management Council received a report regarding the work of the project team to develop a list of expectations for Management Council representatives.

b. Management Council Subcommittee. The Management Council received a report from the subcommittee regarding four initial-eligibility appeals and one satisfactory-progress appeal that the subcommittee considered in September.

10. Division II Management Council.

a. Committee and Project Team Appointments. The Management Council reviewed several committee, subcommittee and project team vacancies for Management Council representatives.

It was voted that the Management Council recommend that Kenneth Borden, faculty athletics representative at the University of Indianapolis, be appointed to the Division II Management Council Subcommittee.

[Note: Inasmuch as there will be several new Management Council members in January, the Management Council agreed to consider the remaining committee and project team vacancies once the new members have been ratified by the Presidents Council.]

b. Management Council Reelections and Elections. The Management Council considered nominees to fill seven vacancies (current and January 1999) on the Management Council and considered the reelection of two current Management Council members.

(1) It was voted that the Management Council recommend that the Presidents Council ratify the following two reelections to the Management Council, effective January 1999:

(a) Peach Belt Conference -- Clint Bryant, director of athletics, Augusta State University; and

(b) South Atlantic Conference -- Doug Echols, commissioner, South Atlantic Conference.

(2) It was voted that the Management Council recommend that the Presidents Council ratify the following seven elections of new Management Council representatives:

(a) Central Intercollegiate Athletic Association (immediate vacancy) -- Dianthia Ford, senior woman administrator, Shaw University;

(b) Great Lakes Intercollegiate Athletic Conference (January 1999 vacancy) -- Dave Coffey, director of athletics, Northwood University;

(c) Gulf South Conference (January 1999 vacancy) -- Lisa Colvin, senior woman administrator, Southern Arkansas University;

(d) Lone Star Conference (January 1999 vacancy) -- Ed Harris, director of athletics, West Texas A&M University;

(e) North Central Conference (January 1999 vacancy) -- Michael Marcil, commissioner, North Central Conference;

(f) Pacific West Conference (immediate vacancy) -- Gail Fults, faculty athletics representative, Humboldt State University; and

(g) Independent Institutions (immediate vacancy) -- Bruce Harger, director of athletics, Drury College.

c. Initial-Eligibility Appeals. The Management Council considered four appeals of initial-eligibility waiver decisions that had been denied by the Division II Academic Requirements Committee Subcommittee on Initial-Eligibility Waivers.

It was voted that the Management Council uphold the decision of the subcommittee in all four cases.

11. National Office Staff Updates.

a. Future Meeting Schedule for Divisions I, II and III Governance Groups. The Management Council reviewed a proposal to conduct three rather than four Management Council/presidential meetings per year. It was noted that the consideration of such a proposal was initiated within the Division I governance structure, and all three divisions' governance structures have been asked to review and react to this concept. Concern was expressed regarding the ability of the Management Council to complete its work in three meetings, even if each meeting is extended by one-half to one full day. Concern also was expressed about the length of time between the August and January meetings under the proposed schedule. The Management Council did note, however, that it may be possible to conduct one of the four meetings by videoconference, thus, eliminating the need for one in-person meeting. No formal action was taken.

b. Enforcement Issues. David Price, NCAA vice-president for enforcement and student-athlete reinstatement, joined the meeting to discuss NCAA Division II enforcement issues. No formal action was taken.

12. Other Business.

a. Expenditure Savings Proposals. The Management Council reviewed a series of expenditure savings proposals related to the cost of owning the NCAA aircraft as well as a cost/benefit analysis of committee meeting policies. The Management Council noted that these proposals are being reviewed by all three divisions' governance structures during their October meetings, and that no action will be taken prior to the Executive Committee's January meeting. No formal action was taken. It was noted that the Management Council will have a more thorough discussion of these issues in January and will present its thoughts to the Presidents Council at that time.

b. Committee on Competitive Safeguards and Medical Aspects of Sports Recommendation. The Management Council reviewed an interpretation it adopted related to Bylaw 16.4.2-(e) (nonpermissible--medical expenses) to prohibit Division II member institutions from providing weight-gain and muscle/ strength building supplements or products to student-athletes at any time as opposed to a prohibition during the summer vacation period only.

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation, pursuant to Constitution 5.3.1.1.1, so that the change can be included in the Division II Manual.

c. Division II Committee on Infractions Recommendation. The Management Council reviewed a recommendation from the committee that Bylaw 32.6.1 (summary dispositions) be modified to specify that institutions may elect to use the summary-disposition process in major infractions cases if the institution is not subject to the repeat-violator provisions of Bylaw 19.6.2.3.

It was voted that the Management Council recommend that the Presidents Council modify Bylaw 19.6.2.3, pursuant to its authority set forth in Constitution 4.3.2-(e), as suggested by the committee.

d. Litigation. Elsa Kircher Cole, NCAA general counsel, joined the meeting to discuss litigation in which the NCAA is involved. Ms. Cole also reviewed with the Management Council her legal memorandums regarding the senior woman administrator legislation proposed by the Committee on Women's Athletics and the proposal related to Division II membership for institutions outside the United States (1999 Convention Proposal No. 2-1). No formal action was taken.

e. Federal Relations. Cedric W. Dempsey, NCAA president, joined the meeting to discuss federal regulatory and legislative issues the NCAA is involved in. No formal action was taken.