National Collegiate Athletic Association

The NCAA News - News and Features

The NCAA News -- August 16, 1999

Council approves new look to Division I governance structure

BY GARY T. BROWN
STAFF WRITER

HILTON HEAD, South Carolina -- As expected, the Division I Management Council at its July 26-27 meeting approved a recommendation to eliminate two of the four Division I cabinets and reassigned their duties to other entities within the Division I governance structure.

The Council also approved and forwarded to the Board of Directors proposed legislation that would increase the size and change the composition of the Council, Board and Championships/Competition Cabinet.

The Board subsequently approved the recommendations during its August 5 meeting in Indianapolis.

The two cabinets that were eliminated -- the Strategic Planning and Business/Finance Cabinets -- had been under review since January when the Council's Subcommittee to Review the Division I Governance Structure launched a comprehensive study of the structure's efficiency.

After considering recommendations from each cabinet concerning the assignment of duties to other entities in the governance structure, the Council supported the subcommittee recommendation and asked that the Board adopt emergency legislation to eliminate both cabinets, effective immediately, and to change the reporting lines for the six Association-wide committees that previously were assigned to the Strategic Planning Cabinet. The Minority Opportunities and Interests Committee, the Committee on Women's Athletics and the Research Committee will be assigned to the Management Council, while the Sportsmanship and Ethical Conduct, the Olympic Sports Liaison and the National Youth Sports Program Committees will report to the Championships/Competition Cabinet.

The strategic planning function of the former cabinet will be assumed by a standing committee of the Management Council.

The Council also reviewed recommendations regarding the functions performed by the former Business/Finance Cabinet, which had been composed of marketing and budget subcommittees. The Council noted that the budget duties of the former cabinet already had been delegated to the Division I Budget Subcommittee, and that the coordination of the Association's catastrophic-injury insurance and professional career insurance programs had been transferred to the Executive Committee.

To address the marketing function of the former cabinet, the Council initially approved a recommendation to establish a standing marketing and public relations policy subcommittee of the Management Council that also would include one representative each from Divisions II and III.

That proposal was one of several marketing/public relations options the Subcommittee to Review the Governance Structure studied. Others included the creation of either a third cabinet or standing committees that would report to one of the existing cabinets or the Management Council.

The Division I Working Group to Study Basketball Issues also had developed a proposal regarding the NCAA's marketing function. That proposal, which was included in the working group's final report submitted to the Board of Directors August 5, would establish an Association-wide marketing, licensing, promotion and public affairs committee to assist the NCAA president in establishing policies in those areas.

Ultimately, the Board declined to support the Council's recommendation to create the marketing subcommittee and chose instead to defer the matter to the Executive Committee as an Association-wide issue.

Composition of governance groups

The Council asked the Board to adopt emergency legislation that increases the size and changes the composition of both the Council and the Board. Proposal No. 99-41, which was given final approval by the Council and adopted by the Board, will expand the Council from 34 to 49 members. The proposal, which also had received support from the membership during the comment period, was among a trio reviewed that would have altered the roster and composition of the Council among Division I-A and I-AA/I-AAA conferences. But the Council's final approval of Proposal No. 99-41 rendered the other two expansion proposals -- No. 99-16 (38 members) and No. 99-42 (51 members) -- moot.

The 49-member Council will provide for two tiers in Division I-A (seven conferences with three representatives and three votes each, and four conferences with one representative and one and one-half votes each, and representation for all Division I-AA and Division I-AAA conferences).

Also given final approval and adopted by the Board was Proposal No. 99-15, which would expand the Board to 18 members to include an additional member from the Mountain West Conference, one representative each from the Big West and Mid-American Conferences, and one additional Division I-AA/I-AAA representative.

The Board also approved the Council's recommendation to expand the Championships/Competition Cabinet to 49 members, an action initiated by the cabinet. The cabinet's conference representation would be identical to that of the Management Council and the additional 15 seats would be allocated without consideration of position. The existing minimum cabinet gender and ethnic minority diversity percentages (35 percent and 20 percent, respectively) would continue to apply as well.

The other Division I cabinet -- the Academics/Eligibility/Compliance Cabinet -- had asked to remain at 34 members, which the Council supported and the Board approved. The Board also agreed to reallocate one of the two seats currently held by the Western Athletic Conference to the Mountain West Conference.

The proposals to eliminate the two cabinets and to expand the Championships/Competition Cabinet were forwarded to the Board as emergency legislation that is effective immediately. The other items are policy changes or legislative proposals that have received second approval from the Council and also will become effective immediately.

Additional structure changes

Other changes recommended by the Subcommittee to Review the Governance Structure, supported by the Council and adopted by the Board include a modification of comment/override deadlines to 60 days after the Board meets, which is designed to assist schools in monitoring legislative activity by establishing identical comment and override deadlines.

The Council also adopted a recommendation regarding emergency, noncontroversial legislation and the new legislative calendar. The calendar, which becomes effective at the Council's October meeting, provides for the Council to consider legislation twice annually (October and April) and allows the Council to adopt only emergency, noncontroversial legislation at its January and July meetings. The Council at its April meeting had asked the subcommittee to clarify "emergency, noncontroversial" legislation in order to maintain the intent of the new calendar to reserve the January and July meetings for nonlegislative items.

The subcommittee recommended that only issues that are truly emergency in nature come before the Council during the January and July meetings and defined "emergency, noncontroversial" legislation to be issues of immediate concern that cannot be deferred until the next legislative meeting. Such items may be submitted to the Council's Administrative Committee, which may then forward them to the Council for consideration at its next nonlegislative meeting. Items receiving a three-fourths majority vote would be forwarded to the Board for approval, while items that do not obtain a three-fourths majority automatically will be placed on the Council's next legislative meeting agenda.

The subcommittee's final recommendation was for the Council to appoint a governance oversight subcommittee to monitor and consider, when appropriate, issues in Division I governance. That group will be appointed by the chair of the Management Council and will assume its duties in October.

Automatic qualification

The Council reviewed a preliminary report of the Management Council Subcommittee to Review Automatic Qualification regarding principles that should be applied in determining eligibility for automatic qualification for Division I championships. The subcommittee was appointed in April to review several automatic-qualification issues created primarily by changes in conference alignment.

The subcommittee's report included a discussion of the concepts of "new conference," "conference realignment," "core group" and "continuity of membership" as they apply to automatic qualification. The Council took no final action on the report but did agree to allow Council members to submit comments and recommendations in order to complete a draft of principles and recommended policies for distribution to conferences for comment and possible legislation by the Council in October.

With regard to the status of automatic qualification for the Mountain West Conference, the Council -- consistent with action taken by the Championships/Competition Cabinet -- denied for the 1999-00 academic year an appeal of the two-year waiting period submitted by the Mountain West Conference for automatic qualification in sports other than men's basketball. The Council also noted that based upon action at the Council's April meeting, the Mountain West Conference currently is considered a "new" conference and is ineligible to be considered for automatic qualification in men's basketball for a five-year period and in all other sports for a two-year period unless relief is provided through a waiver or action by the Council after the subcommittee's final report is reviewed at a future meeting.

The Council did support a recommendation that was approved by the Board to modify the policies for awarding conference grants to include all conferences identified in Constitution 4.5.1 (which would apply immediately to the Western Athletic and Mountain West Conferences).

The Council also discussed automatic-qualification issues related to the men's and women's lacrosse championships and referred back to the Championships/Competition Cabinet the cabinet's plan for awarding automatic qualification for the men's lacrosse championship to consider the potential impact of automatic qualification on the quality of the championship and the appropriate level of access for conferences.

The Council, however, upheld the cabinet's decision to direct the Women's Lacrosse Committee to award automatic qualification to the Ivy Group and the Colonial Athletic Association for the 2000 championship and to present to the cabinet a plan for expanding the number of automatic qualifiers.

Legislation

Among legislative proposals gaining final approval from the Council included Proposal No. 99-44, which adds one Division I student-athlete in an advisory capacity to the Committee on Competitive Safeguards and Medical Aspects of Sports, the Committee on Sportsmanship and Ethical Conduct, the Research Committee, the Minority Opportunities and Interests Committee, the National Youth Sports Program Committee and the Committee on Women's Athletics (effective immediately). Upon the recommendation of the Division I Student-Athlete Advisory Committee, the Management Council also asked the NCAA staff to draft legislation for review by the Council in October to provide Division I student-athlete representation on the Olympic Sports Liaison Committee.

Another legislative proposal given final approval by the Council and adopted by the Board for adoption was Proposal No. 99-43, which permits all Division I-AA conferences to select the individuals who serve as their representatives to the Division I Football Issues Committee (effective immediately).

The Division I-AA members of the Council gave final approval to Proposal No. 99-39 regarding the maximum number of student-athletes allowed to participate in Division I-AA preseason football practice, but the Board subsequently defeated the proposal.

The Board also defeated Proposal No. 98-107 regarding a revised women's basketball recruiting calendar. The legislation, which originated from the Women's Basketball Coaches Association, had been given final approval by the Council.

The Council also gave final approval to Proposal No. 99-3, which permits an institution's volunteer coach to receive compensation for employment in an institution's sports camp or clinic, but the Board tabled that proposal.

The Council referred Proposal No. 98-37, which would allow prospective and enrolled student-athletes to receive funding to cover actual and necessary developmental training expenses that are approved by the United States Olympic Committee to the Academics/Eligibility/Compliance Cabinet's Subcommittee on Amateurism and Agents.

Initial approval

The Council gave initial approval to two proposals regarding current and prospective NCAA championships. Proposal No. 99-33 specifies that a new championship may be established in a women's sport if the minimum number of sponsoring institutions exist for one academic year (rather than for two consecutive academic years.) The Council also gave initial approval to Proposal No. 99-51, which would create a protected status to continue a National Collegiate Championship or division championships in men's and women's lacrosse should the number of institutions sponsoring the sport fall below the required minimum.

The Council also gave initial approval to the following:

  • No. 98-60 regarding an institution's ability to provide room and board expenses for a specific period of time to student-athletes who return to the institution's campus during a vacation period following institutional competition.

  • No. 98-68, which prohibits Division I women's volleyball teams from engaging in competition against outside teams that include prospects, except for exempted contests against a foreign team or a U.S. national team.

  • No. 98-104, which permits a Division I institution to exempt preseason exhibition contests against a non-NCAA four-year collegiate institution as an alternative to exempting contests against foreign teams in the United States and USA Basketball club teams, as specified. [Note: The Council voted to amend the effective date to August 1, 2000.]

  • No. 99-2, which specifies that a basketball student-athlete must complete competition in an NCAA-sanctioned summer basketball league not later than August 31 or the institution's first day of classes, whichever is earlier.

  • No. 99-5 regarding incidental-expense waivers for student-athletes.

  • No. 99-11, which specifies that the starting date for the Preseason Women's National Invitation Basketball Tournament shall be no sooner than seven days before the starting date for the regular season.

  • No. 99-23, which permits a prospect's educational institution to receive a financial award in conjunction with the prospect being recognized as part of a program in which overall athletics participation, interests or ability is a criterion in the selection process.

  • No. 99-24, which permits an institution that hosts an NCAA or conference championship to produce a poster promoting the championship and send it to a high-school coach and/or his or her educational institution.

  • No. 99-26 regarding de minimis violations.

  • No. 99-30 regarding financial aid/board allowance.

  • No. 99-32, which permits an institution to provide its student-athletes with reasonable refreshments for student-athlete educational and business meetings and, on an occasional basis, for celebratory events.

  • No. 99-34, which increases the size of the Committee on Competitive Safeguards and Medical Aspects of Sports from 15 to 16 members. (The proposed change involves a common provision and must be approved by each of Divisions I, II and III membership acting independently.)

  • No. 99-35, which would establish separate Division I men's and women's golf committees.

  • No. 99-36, which specifies that the six-member Women's Gymnastics Committee include five members from Division I and one member from Division II or III.

  • No. 99-37, which permits student-athletes to receive compensation for participation in specified NCAA research studies.

  • No. 99-50, which would permit Division I institutions to secure or reserve lodging at postseason events at a reduced or special rate for the parents (or legal guardians) and relatives of student-athletes participating in the event.

    The Council declined to support Proposal No. 98-59, which would prohibit institutions from financing creatine as a permissible medical benefit incidental to a student-athlete's participation in intercollegiate athletics; and noted that the Committee on Competitive Safeguards and Medical Aspects of Sports had not provided a definition or list of nutritional and weight-gain supplements that should be included in the proposal.

    The Council also defeated Proposal No. 98-14, which would have included all countable financial aid, including summer financial aid, provided to student-athletes in satisfying the minimum aggregate expenditure requirements set forth in Bylaw 20.8.1.2-(b).

    Other proposals the Council defeated were:

  • No. 98-72 permitting restricted coaches in basketball to recruit off campus without increasing the number of coaches who can recruit off campus at any one time.

  • No. 98-101 permitting an institution to provide parking at home competitions to the parents of a student-athlete who is eligible to participate in a home contest.

  • No. 98-102 regarding state high-school football championships. (The Division I-A members of the Council defeated this proposal; the proposal was tabled by the Division I-AA Football Governance Committee.)

  • No. 99-1 regarding complimentary admissions during an official visit.

  • No. 99-6 regarding foreign basketball tours and "once-in-four-year" exempted contests in Division I basketball.

  • No. 99-7 permitting a student-athlete who only lectures or demonstrates at a camp or clinic (conducted outside the institution's academic year) to receive limited compensation for his or her appearance.

  • No. 99-8 regarding exempted competition in all sports against foreign teams and in basketball against "club" members of USA Basketball.

  • No. 99-10 regarding participation in the Blue-Gray National Collegiate Tennis Tournament.

  • No. 99-19 regarding eligibility for student-athletes who have participated in organized competition during time spent in the foreign armed services.

  • No. 99-25 regarding sports camps and clinics in football and basketball.

  • No. 99-29 regarding continuing eligibility and certification of minimum grade-point average requirements.

    The Council tabled Proposal No. 99-18, which would permit an institution to make unlimited telephone calls to prospective student-athletes subsequent to the calendar day on which the prospect has signed the institution's written offer of admission or financial aid, even if the institution subscribes to the National Letter of Intent program. The Academics/Eligibility/Compliance Cabinet had requested that the proposal be tabled to allow further review by the cabinet's recruiting subcommittee.

    The Council also tabled Proposal No. 98-75 regarding athletics aid during summer terms, pending action that may result from the final report of the Division I Working Group to Study Basketball Issues.

    The Council referred Proposal No. 99-31 regarding incidental benefits/postgame meal to the Academics/Eligibility/Compliance Cabinet to develop the data to support an appropriate dollar amount for the meal allowance. The Council also referred Proposal Nos. 99-27 (eligibility -- seasons of competition) and 99-28 (continuing eligibility -- minimum grade-point average requirements) to that cabinet for further consideration.

    Other highlights

    Division I Management CouncilJuly 26-27/Hilton Head, South Carolina

  • Heard a presentation from Christine H. Grant, director of women's athletics at the University of Iowa and chair of the Academics/Eligibility/Compliance Cabinet's Subcommittee on Amateurism and Agents, and endorsed in principle the deregulation efforts to date related to the amateur status of prospective student-athletes.

  • Revised a former NCAA Council interpretation to permit the NCAA Initial-Eligibility Clearinghouse to provide a yearly grade by averaging grades achieved during terms within that academic year after receipt of the high-school transcripts (without requiring the high school to provide official documentation verifying the averaging of the grades), provided the high school has awarded the prospect one full unit of credit for the course.

  • Used its authority set forth in Constitution 5.4.1.1.1 to modify the wording of legislative Proposal No, 98-90 to clarify that an institution may not participate in both a preseason exempted football contest and a 12th regular-season game during the 2002 season.

  • Accepted the action of Texas Tech University to forfeit all football contests in which an ineligible student-athlete participated while under the protection of the court order as fully satisfying the restitution provisions of Bylaw 19.8.

  • Requested that the Championships/Competition Cabinet further review its decision to modify all current championship promotional brands (for example, Final Four) to be gender-specific and that the cabinet evaluate the position of the men's basketball committee regarding this issue.

  • Approved Proposal No. 99-56, which would amend Bylaw 31.7.2.1.4 to limit the payment of expenses to two meetings per year for each committee unless authorization from the Management Council or Executive Committee is received. (The Board of Directors subsequently adopted the proposal.)

  • Approved Proposal No. 99-52 to amend Bylaw 31.2.3.2 to permit the Executive Committee to authorize a medical exception for those student-athletes with a documented medical history demonstrating the need for regular use of Peptide hormones and analogues. (The Board of Directors subsequently adopted the proposal.)

  • Supported the Academics/Eligibility/Compliance Cabinet's recommendation to publish all pertinent information regarding the use of technology in recruiting in a separate, regular column in The NCAA News and also post and regularly update that information on the NCAA Web site.

  • In response to a request from the Division I Student-Athlete Advisory Committee, requested that NCAA staff draft legislation for review by the Council in October regarding refreshments for parents attending an educational session and complimentary admission to events honoring student-athletes.

  • Requested the Management Council Administrative Committee to consider the appropriate process for authorizing an existing or new Division I committee to review Division I membership issues, including the process used to reclassify members and approve provisional members, the eligibility of new members for revenue distribution and the consideration of requiring athletic certification for provisional members.