National Collegiate Athletic Association

The NCAA News - News and Features

The NCAA News -- November 22, 1999

Legislative assistance

1999 Column No. 23
Application of Proposal No. 99-5

NCAA Division I institutions should note that with the adoption of legislative Proposal No. 99-5, Division I institutions/conferences are permitted to provide a student-athlete a specific expense, in accordance with NCAA Bylaw 16.13.1, which previously has been approved by the NCAA Division I Management Council (or its designee) as incidental to the student-athlete's participation in athletics, without submitting a formal waiver request to the national office.

Bylaw 16.13.1.1 now reads as follows: "Specific incidental expenses that have been approved previously on a routine basis by the Management Council, or a committee designated by the Management Council, may be processed by an institution or conference. Documentation of each approval shall be kept on file at the conference office."

Before the adoption of Proposal No. 99-5, an institution was required to submit an incidental waiver request to the national office (for approval by the president on behalf of the NCAA Division I Administrative Committee or, if there is no precedent, for approval by the committee) each time a student-athlete needed a waiver to receive expenses not authorized under NCAA rules. These waiver requests are generally of a time-sensitive nature.

The adoption of Proposal No. 99-5 allows these more time-sensitive issues, for which there is established precedent, to be processed by institutions/conferences without requiring approval from the membership services staff. This should simplify the process and reduce paperwork by permitting the institutions/conferences to approve these expenses for the student-athletes. Please note the documentation of each approval shall be kept on file at the conference office. The following is an exhaustive list of waiver requests that have been approved by a two-thirds majority of the Management Council and can be approved by institutions/conferences without submitting a formal waiver request to the NCAA:

Transportation expenses for student-athletes.

  • Expenses to attend the funeral of an immediate family member (father, mother, brother, sister, grandfather, grandmother, legal guardian), teammate, former teammate or coach.

  • Expenses to return home (on one occasion) to visit an ailing immediate family member (father, mother, brother, sister, grandfather, grandmother, legal guardian).

  • Expenses to return home for the birth of the student-athlete's baby.

  • Expenses to attend a banquet at which the student-athlete is being honored.

  • Expenses to attend the Apple Conference.

    Misfortune expenses for student-athletes.

  • Expenses to replace lost or stolen items (for example, identification cards, textbooks, clothing, money) that were stolen while the student was engaged in participation of intercollegiate athletics.

  • Expenses to replace items belonging to a student-athlete that were lost in a disaster (for example, fire, hurricane).

  • Expenses to provide lodging for student-athletes who were displaced by a disaster (for example, fire, hurricane).

    Celebratory expenses for student-athletes.

  • Expenses to provide a meal in conjunction with a team or institutional celebration (for example, new athletics facility, ceremony honoring 25 years of athletics).

  • Expenses to provide tuxedo rentals to student-athletes who are required to attend formal affairs at which they are being honored.

  • Expenses for student-athletes to attend banquets honoring a retiring coach.

    Miscellaneous expenses for student-athletes.

  • Expenses to provide flowers to an injured student-athlete or to the family of a student-athlete whose immediate family member died.

  • Expenses for a student-athlete to receive psychological counseling.

  • Expenses for a student-athlete to obtain a visa to travel for athletics competition.

  • Transportation and lodging expenses for parents or legal guardians.

  • Transportation and lodging expenses for the parents of a student-athlete when the student-athlete was injured during the course of practice or competition.

  • For any situation that is not set forth in the precedent list above, expenses may not be provided automatically by the institutions. Instead, it will be necessary for institutions to submit waivers pursuant to Bylaw 16.13.1 to the national office for review by the committee.

    Finally, please be advised that the application of Bylaws 16.13.1 and 16.13.1.1 is only for enrolled student-athletes. Student-athletes who are not enrolled as full-time students and prospective student-athletes are not subject to the application of Bylaws 16.13.1 or 16.13.1.1.

    This material was provided by the membership services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Kristen Davis or Lisa Roesler, membership services representatives, at the NCAA national office. This information is available on the College Sports Network.