The NCAA News - News and Features

The NCAA News -- November 8, 1999

Governmental affairs report

Following is a report of federal activities from October 4 through October 29 affecting the NCAA membership. The report was prepared by the NCAA federal relations office. Copies of all documents, bills and correspondence in this report are available from the federal relations office, One Dupont Circle, N.W., Suite 310, Washington, D.C. 20036; telephone 202/293-3050.

Gender-equity issues

U.S. Department of Education informs NCAA that it will not collect Equity in Athletics Disclosure Act (EADA) forms on October 30 as required by law -- will likely ask institutions to provide a copy to the Department after the new year begins.

Federal law requires that all coeducational postsecondary institutions with athletics programs make a copy of their EADA forms available to the public by October 15, 1999. In addition, the NCAA requests that member institutions provide the NCAA with a copy of the completed NCAA-developed tables and worksheets designed to satisfy both the federal EADA reporting requirements and the NCAA's own gender-equity reporting.

The NCAA mailed a package of blank tables and worksheets to the CEO of each member institution in early September for completion by that institution by the October 15 deadline. A computerized version of the form also was made available for downloading from the NCAA's Web site.

Tables 1 through 10 of the NCAA's reporting form are designed to comply with the EADA, including recent amendments to the Act adopted as part of the Higher Education Act Amendments of 1998. By October 15, in order to meet the federal requirements of EADA, an institution should have completed Tables 1 through 10 and be prepared to make that body of data available to the public upon request. The worksheets, provided by the NCAA to assist institutions in completing the tables, are not required to be made available to the public.

Beginning with this year's report, amendments to the EADA also require that a copy of each institution's EADA form (Tables 1 through 10) be sent to the U.S. Department of Education by October 30. However, the NCAA was notified by the department on September 30 that there will be a delay in this year's submission of the EADA documents to the department. The specific mechanism to collect and receive the forms has not been approved by all appropriate channels of the federal government. As a result, the department has decided to postpone the federal reporting date to a later time, most likely after January 1, 2000. A "Dear colleague" letter is being drafted to notify all institutions of the delay. As soon as a date for submission of the forms and a mailing address is established, the NCAA will notify its member institutions.

The federal submission date change has no effect on the October 15 deadline. Institutions still must have the form completed and provide it to the public upon request.

The Chronicle of Higher Education to collect and report EADA data.

The Chronicle of Higher Education informed the NCAA that it already has requested copies of this year's EADA forms from all NCAA Divisions I, II and III institutions. The Chronicle plans to release data on the all institutions in a feature story later in the year. Federal law requires all coeducational postsecondary institutions with athletics programs to complete the forms and make them available to the public by October 15. For the first time, the Chronicle also plans to collect EADA forms from community colleges after the collection of the four-year institutions is complete.

NCAA provides the General Accounting Office (GAO) with data on Division III membership growth from 1985-96.

On October 6, the NCAA supplied the GAO with information on the NCAA's Division III membership. In particular, the GAO was seeking information on those Division III institutions that had become NCAA members since 1986. The GAO had received a request from Rep. Dennis Hastert, R-Illinois, for the information. This most recent request follows a previous request from Hastert for data on Divisions I, II and III NCAA member institutions that were NCAA members in 1986 through 1997. That data traced the sports-sponsorship history for those institutions during the specified period. The new data supplied to the GAO helped clarify issues related to the total number of Division III institutions.

Higher education issues

Family Education Rights and Privacy Act.

On October 20, the U.S. Department of Education Office of Family Records Compliance notified the NCAA that the three proposed waivers that were submitted for final review had been approved. The waivers are intended to be signed by prospective student-athletes (or their parents if the student is under the age of 18) upon entrance into the Clearinghouse and by student-athletes upon entering the institution.

The purpose of the new forms is two-fold. First, they will inform the students that information about their education records may be revealed in certain circumstances. In addition, the waivers are intended to protect the NCAA from being found in noncompliance with the Family Education Records Privacy Act (FERPA) should personally identifiable information from the student's education record be disclosed. This includes information that is inadvertently traced back to a student as well as the NCAA's responses to media accounts of specific NCAA eligibility matters, eligibility appeals and infractions cases.

In January 1999, the department notified the NCAA that the practice of naming a specific institution when a sanction is imposed may be in violation of FERPA. The department indicated that by naming the institution, an average person may be able to identify a specific student involved. At that time, Rooker recommended that the NCAA develop new student release forms that would allow the NCAA to continue its current practice of naming institutions without concern that information included in a release or press statement would violate FERPA. Since FERPA prohibits the release of any information that could be part of a student's education record or information that is "easily traceable" to a particular student, the department's view is that the NCAA could be in violation of the law. In addition, FERPA restricts the NCAA from responding to information (for example, in an initial-eligibility matter) that is in the public domain and is being inaccurately portrayed. The department suggested that a waiver be devised to address this problem as well.

In March, the department provided the NCAA with sample waivers to consider. The NCAA made modifications to the proposed language in response to internal feedback. The proposed waivers were sent back to the department for review before forwarding them to the respective NCAA governance bodies for consideration.

House and Senate provide increase for Pell Grant maximum award in fiscal year 2000 -- maximum grant to rise to $3,300.

On September 23, the House Labor/HHS/Education Appropriations Subcommittee considered the fiscal year 2000 funding bill, making allocations for all programs under the subcommittee's jurisdiction. Although the total spending level for all programs fell below last year's level, the subcommittee provided an increase in the Pell Grant maximum award to aid the nation's neediest college students. The House increased the Pell Grant by $150, bringing it to $3,275.

On September 27, the Senate Labor/HHS/Education Subcommittee considered their fiscal year 2000 funding bill. The Senate provided an even greater increase for the Pell Grant program, increasing the maximum grant by $200 to $300, $325 for students with the greatest need. Overall, the Senate gave a generous boost to education funding, surpassing the House and the President's requests.

The conference agreement to reconcile the differences between the House and Senate funding levels sets the Pell Grant maximum at $2,300, an increase of $175 per student. Congress is expected to act on the final legislation before the recess begins next month.

College Board reports a slowdown on college cost increases.

The College Board reported this month that college tuition and fees for the 1999-00 academic year increased by an average of less than 5 percent over last year, the lowest rate of increase for the past four years. The College Board also announced that a record $64 billion in financial aid was available in the 1998-99 academic year.

Tuition and fees rose an average of 4.6 percent at four-year private institutions (from $14,709 to $15,380), 3.4 percent at four-year public institutions (from $3,247 to $3,356), 3.5 percent at two-year private institutions (from $6,940 to $7,182), and 4.7 percent at two-year public institutions (from $1,554 to $1,627).

College Board President Gaston Caperton said the lower rates of increase are a "very positive trend for American families." He added that current tuition levels must be considered in light of the benefits a college education yields for individuals and society.

Gambling issues

Internet gambling/House

On October 21, 1999, Rep. Bob Goodlatte, R-Virginia, introduced H.R. 3125, the Internet Gambling Prohibition Act of 1999. Rep. Frank A. LoBiondo, R-New Jersey, Rep. Frank R. Wolf, R-Virginia, Rep. Rick Boucher, D-Virginia, Rep. James A. Gibbons, R-Nevada, and Rep. Virgil H. Goode Jr., D-Virginia, joined Goodlatte in sponsoring the legislation.

H.R. 3125 more closely resembles the Senate bill, S. 692, in form and substance than a similar bill introduced last year in the House. However, there are still several provisions that raise concerns for the NCAA and other sports leagues that are strong supporters of the S. 692, sponsored by Sen. Jon L. Kyl, R-Arizona. The sponsors are committed to moving the legislation quickly through the Judiciary Committee. The House Judiciary Subcommittee on Crime plans to consider the legislation in the next few weeks before the winter Congressional recess.

Internet gambling/Senate.

On June 17, the Senate Judiciary Committee voted in favor of Kyl's Internet gambling legislation, S. 692, by a 16-1 margin. Over the past few months, Kyl has been working with interested parties to resolve any lingering issues related to the legislation. S. 692 is now ready for consideration by the full Senate. Kyl is working to get the bill approved by the Senate before they adjourn for the remainder of the year. Last year, the bill passed the Senate by a vote of 90-10. If the Senate adjourns before considering S. 692, the bill will likely be considered when Congress returns in January.

Legislation to ban all legal betting on amateur and college sports.

The NCAA continues to seek sponsorship for federal legislation to ban betting on college sporting events. The proposed legislation will amend the Professional and Amateur Sports Protection Act (PASPA -- PL 102-559). PASPA prohibits state-authorized gambling on amateur and professional sporting events. The PASPA legislation created exemptions for several states that had laws permitting gambling on amateur and professional sports before the enactment of PASPA in 1992. However, Nevada is the only state that currently operates college sports gaming activities.

The National Gambling Impact Study Commission, a federally appointed review panel charged with studying the impact of gambling on the nation, issued its final report in June 1999 and included among its recommendations a total ban on college sports betting in the United States. The report noted that collegiate sports gambling may impact the integrity of the sport and pose a substantial risk to players who may be subject to point-shaving schemes. The report identifies legal sports gambling on college sports as a factor leading to public misconception that gambling on college sports is legal everywhere. In addition, the commission found relatively little economic benefit from collegiate sports gambling, while it attributed significant social costs to the activity. Following the release of the report, the NCAA Executive Committee approved a proposal to seek Congressional sponsors for legislation to ban betting on college sports.

On October 5, NCAA President Cedric W. Dempsey; the NCAA federal relations office; and Sheldon Steinbach, general counsel for the American Council on Education (ACE), met with representatives of the American Gaming Association (AGA) to discuss the NCAA's interest in federal legislation that would ban gambling on college sports in all states. Shortly after the meeting, the AGA announced it would vigorously oppose the NCAA's efforts.

Senate committee report includes language to direct federal agencies to conduct research on youth gambling behavior.

The committee report that accompanies the fiscal year 2000 Labor/HHS/Education Appropriations bill includes language that directs the U.S. Department of Education to conduct research on youth gambling behavior. In addition to the research conducted by the department on risk behavior of elementary and secondary school students, the committee "urges the department to expand studies to include research on gambling attitudes and behavior."

Also, the committee recommended expanded use of the department's Quick Information System, a data-gathering survey of postsecondary institutions that has a timely turnaround time and focuses on issues related to program planning and policy development. In its report, the committee directs the department "to use this system to gather data to better understand the needs of institutions so that effective educational programs can be introduced to address student gambling problems."

The federal relations office will follow up by meeting with department representatives to discuss how the NCAA can assist in developing the questions for the two survey instruments.

National Youth Sports Program

Fiscal year 2000 appropriations.

Fiscal year 2000 funding for the NYSP continues to be debated as part of the Labor/HHS/Education appropriations bill. The Senate acted on the bill late last month, providing $15 million for the NYSP. The House Appropriations Committee also approved the full $15 million for the program. However, unrelated controversial provisions of the legislation have delayed consideration of the funding measure by the full House.

On October 28, the Labor/HHS/Education conference report (which reconciled the differences between the Senate-passed version of the bill and the House committee-passed version) was attached to the District of Columbia Appropriations Conference Report and was passed by the House. The package includes $84.6 billion in Labor/HHS/Education spending and an offset package that includes a 0.97 percent across-the-board spending cut in all fiscal year 2000 discretionary appropriations. The House passed the bill by a nearly party-line vote. Under the current across-the-board spending cut plan, the NYSP would receive $14,550,000 rather than the $15 million originally appropriated for the program. The Senate is expected to pass an identical measure next week. However, the final outcome is uncertain because the President has threatened to veto the measure.

In the meantime, another continuing resolution has been adopted to temporarily provide funding to allow the federal government to remain open until all fiscal year 2000 funding bills are complete.

State athlete-agent legislation

Wisconsin to introduce athlete-agent bill based on draft Uniform Athlete Agent Act in November -- NCAA expects to testify in support.

Rep. Steve Wieckert, R-57, is planning on introducing athlete-agent legislation in the Wisconsin State Assembly. The legislation is based on the current draft of the Uniform Athlete Agent Act being developed by the National Conference of Commissioners on Uniform State Laws. Wieckert's staff has worked closely with the NCAA in developing the legislation and has incorporated many of the NCAA's recommendations.

Wieckert's bill originally was expected to be introduced in early October; however, it is now scheduled for early November. The NCAA has endorsed the bill and will likely be asked to testify at a hearing in December. Since the bill is very similar to the Uniform Athlete Agent Act, this will provide the NCAA with a unique opportunity to gauge legislators' reaction to the legislation.

Oregon adopts athlete-agent legislation -- 28 states now have athlete-agent laws.

On September 1, Oregon's governor signed into law legislation regulating athlete agents. Oregon becomes the 28th state to regulate athlete agents after Washington repealed its state athlete agent law earlier this year.

Alcohol- and performance-enhancing-drug-abuse issues

Senate Commerce Committee conducts hearing on drug-testing issues in amateur sports.

On October 20, the Senate Commerce Committee held a hearing to examine the use of performance-enhancing drugs by athletes and to explore measures that could be pursued to address the problem.

Three panels of witnesses testified before the committee. The witness list included:

Panel I: Sen. Ben Nighthorse Campbell, R-Colorado; and Gen. Barry McCaffrey, National Office of Drug Control Policy.

Panel II: Scott Serota, executive vice-president, Blue Cross Blue Shield; Frank Shorter, U.S. Olympic gold medalist; and Nancy Hogshead, U.S. Olympic gold medalist.

Panel III: Bill Hybl; president, USOC; Richard Pound, first vice-president, IOC; Gary Wadler, associate professor of clinical medicine, New York University School of Medicine; and Doriane Coleman, professor, Center for Sports and Law, Duke University School of Law.

Sen. John McCain, R-Arizona, provided an opening statement that included a commitment to sponsoring drug-testing research and education/prevention legislation:

"... I will soon introduce legislation providing for grants to United States universities to conduct research and development programs designed to develop new technologies and strategies for the detection and verification of drug use among athletes. This legislation will also include grants to universities for the development and implementation of athlete drug education and ethics programs for university and elite athletes."

In addition, Sen. Ted Stevens, R-Alaska, a member of the committee and chair of the Senate Appropriations offered his strong support for the proposed legislation. Sen. Ron Wyden, D-Oregon, stated he would be a cosponsor and a strong supporter of the legislation as he echoed the need for more research.

The NCAA is working with four experts at member institutions to assist the committee in developing legislation to fund drug-testing research and education/prevention programs.

Miscellaneous

President Clinton honors 1999 Division I men's and women's basketball champions at White House.

On October 14, the White House held a celebration honoring the men's and women's NCAA basketball champions. President Clinton celebrated the victories of the Purdue University women's team and the University of Connecticut men's team at an event attended by members of Congress, university officials, team members and their families.

President of American Association of Community Colleges will retire in August 2000.

On October 19, David R. Pierce, president and chief executive officer of the American Association of Community Colleges for the past eight years, announced his plans to retire in August 2000.

Pierce said that he had been contemplating retirement for a year and that personal and family concerns were key reasons for his decision. Pierce is a member of the Washington, D.C., Higher Education Secretariat and was praised for his contributions by numerous leaders within the higher education community.