The NCAA News - News and Features

The NCAA News -- December 6, 1999

Governmental affairs report

Following is a report of federal activities from October 30 through November 22 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

Equity in Athletics Disclosure Act (EADA).

On November 1, the U.S. Department of Education released final regulations to implement recent legislative changes to the Equity in Athletic Disclosure Act (EADA). Before the release of the regulations, the NCAA submitted recommendations to the department. The recommendations were based on questions received over the past few years by the NCAA research staff and comments submitted by attendees at the NCAA's EADA workshop held last May.

The department chose not to address the EADA comments submitted by the NCAA but instead plans to publish a "Dear Colleague" letter that will be sent to the appropriate campus contact. The letter will provide guidance on the issues identified by the NCAA. In addition, the department will convene a working group to examine the creation of a new EADA form to be used by all institutions in supplying EADA information. In the past, the NCAA has developed a form for its members' use but non-NCAA member institutions, including community colleges, have not been provided a form to report the data. A common form will be developed based on the current NCAA form.

NCAA provides the General Accounting Office (GAO) with comments on Rep. Mink's study related to Title IX.

On November 12, the NCAA provided informal comments to the GAO related to its most recent report on Title IX and its impact on gender equity in education. The report addresses collegiate athletics as wells as other aspects of Title IX compliance. The NCAA's comments were drafted in consultation with the NCAA's federal relations, research and education outreach staffs and were largely technical in nature. The report chronicles the changes in gender equity in education, athletics and employment since Title IX was enacted. The study is expected to be released to Congress in December 1999.

Miami (Ohio) wrestling, soccer and tennis teams file lawsuit against the university for sex bias.

On November 18, former members of the wrestling, soccer and men's tennis teams at Miami University (Ohio) filed suit against the institution in U.S. District Court in Cincinnati. The plaintiffs allege that the university discriminated against them on the basis of sex when the university's Board of Trustees voted to eliminate their teams this past April. An attorney, speaking on behalf of the former team members, was quoted in the Chronicle of Higher Education as saying, "It's pretty obvious they're being discriminated against on the basis of sex." The team members are being represented by the Washington, D.C.-based nonprofit law group, Center for Individual Rights. The former student-athletes are asking the court to reinstate their teams, pay unspecified damages and provide reimbursement for costs incurred while transferring to another institution.

The Washington Post reports that "[t]he former Miami wrestlers, tennis and soccer players contend that by eliminating their teams to satisfy NCAA gender quotas, the university violated sex discrimination provisions of Title IX, the federal program designed to increase the number of women playing sports."

Similar suits by male athletes have not been successful. The Center for Individual Rights also represented members of the Illinois State University wrestling and soccer teams in a lawsuit against that institution. Illinois State dropped those teams in 1995. However, the suit was dismissed by a federal district court in 1996 and is currently on appeal in the U.S. Court of Appeals in the Seventh District.

A similar case involving wrestlers at California State University, Bakersfield, was heard earlier this month and now awaits a lower court decision. In that lawsuit, a judge granted a temporary injunction allowing the team to continue during the court proceedings.

Higher education issues

Final fiscal year 2000 funding bill provides increase for Pell Grant -- maximum grant to rise to $3,300.

On November 19, Congress adopted the omnibus appropriations bill (H.R. 3194) wrapping-up negotiations on the Labor/HHS/Education spending bill. Included in the legislation is an increase in the maximum Pell Grant award the neediest students can receive. Beginning next fall, students will be eligible to receive up to $3,300 based on their family financial situation. The Pell Grant is a federal entitlement program, providing all students who qualify with financial assistance.

College Board and Princeton Review adopt new philosophy regarding the importance of the SAT in college admissions.

The College Board, which administers the SAT test, announced last month that it is redefining its mission to focus more on preparing students for college than on measuring how well they are prepared. Consistent with this change, the Board has announced plans to start a for-profit online college advising service. According to The Boston Globe, this shift in focus was necessary because of a decline in the number of students taking the SAT to get into college.

Meanwhile, The Princeton Review said this month that the SAT should be "dumped" because it largely fails to measure student preparedness for college. Some critics charge that The Princeton Review's public attack on the SAT is actually a ploy designed to show that the company has devised a method to master the test.

College Board task force recommends expansion of admissions programs to help minority students attend college.

Academic programs that help economically disadvantaged students should be expanded to include minority students from middle- and higher-income families, according to a recent report of the National Task Force on Minority Achievement. The task force, which was formed by the College Board, spent two years exploring reasons for under-achievement by minorities. It recommended "affirmative development" for minorities rather than "affirmative action."

The basis for the panel's recommendation offered evidence that minority students from middle-class homes tend to perform below the level of whites and Asians from similar backgrounds. Although some colleges and universities have responded to curbs on affirmative action by giving more weight in the admissions process to students' social disadvantages, this approach does not benefit the middle-class minorities identified by the panel.

Practice of "flagging" test scores of learning-disabled students will continue while an appeals court judge examines a lower court ruling.

On November 4, a federal appeals court judge temporarily suspended the lower court's ruling that would stop a national testing service from indicating on transcripts when disabled students were given special accommodations on a standardized test due to a disability. Earlier in the week, a district court judge prohibited the National Board of Medical Examiners from annotating or "flagging" the scores of an unidentified student who took the U.S. Medical Licensing Examination by indicating that he received extra time to complete the test.

The plaintiff suffers from multiple sclerosis. While taking the exam in 1998, the student received 1.5 times the normal testing time and a seat near the men's room as accommodations for his disability. As is the policy of the testing firm, his scores included a description of his accommodations. The student asked that the testing firm change the policy, but was denied. He then filed a suit under the Americans with Disabilities Act.

The lower court judge agreed with the plaintiff, saying, "flagging would unnecessarily identify him as an individual with a disability, unfairly call into question the validity of his scores and irreparably expose him to discrimination on the basis of a disability." Lawyers for the testing firms filed an appeal. The appeals court judge suspended the ruling while he further examines the matter.

Sweatshop coalition continues to pressure colleges and universities into more stringent codes of conduct regarding manufactured apparel bearing institutions' names and logos.

Students from more than 100 colleges and universities are urging their institutions to join a recently formed group that would set a strict code of conduct for companies that produce apparel bearing university names and logos. The group, called the Workers Right Consortium, will monitor and inspect apparel factories worldwide. The students want companies with overseas factories to pay workers a living wage and to disclose the names and addresses of those factories so anti-sweatshop groups can more easily monitor worker conditions. Nike recently announced the names of some of its overseas manufacturers and has said it would release the names of other factories if other manufacturers would agree to do the same.

Student Right-to-Know Act final regulations published -- address most of NCAA's concerns.

On November 1, the U.S. Department of Education released final regulations to implement recent legislative changes to the Student Right-to-Know Act. Before the release of the regulations, the NCAA submitted recommendations to the department addressing ways to implement the recent amendments to the Act.

The department accepted the NCAA recommendations in two key areas. The NCAA requested that its current methodology, allowing for student-athletes receiving athletics aid to be added to the institution's initial freshman cohort number at any point in time during the freshman year, be retained. The department had explored the possibility of establishing October 15, or the end of the first "drop/add" period, as a cut-off date for adding students to the cohort. In the final regulations, the department agreed to allow students to be added at any time.

In addition, the NCAA requested that the department address whether the NCAA's graduation-rates reports could be provided to a prospective student-athlete's coach and guidance counselor over the Internet. The department responded by saying it did not intend to preclude electronic transfer of the data and would consider approving electronic transfer of the data if the NCAA decides to pursue that action. Graduation reports will be provided in compact disk format in 2000, with Internet transmission of the data to be considered in future years.

Gambling issues

Internet gambling prohibition legislation unanimously adopted by Senate.

On November 19, the Senate unanimously adopted S. 692, The Internet Gambling Prohibition Act of 1999. The bill, sponsored by Sen. Jon Kyl, R-Arizona, prohibits online gambling operators from conducting business in the U.S., imposes strong criminal penalties on violators, and provides state and federal law enforcement with a civil enforcement mechanism that is both effective in limiting U.S. user access to these illegal sites and protective of the efficiency and operation of the Internet. The NCAA strongly endorsed S. 692. Last year, a similar bill passed the Senate, 90-10.

Judiciary subcommittee approves Internet gambling bill -- full committee vote expected sometime in early 2000.

On November 3, less than two weeks after the introduction of H. 3125 (The Internet Gambling Prohibition Act of 1999), the House Judiciary Subcommittee on Crime approved the legislation by a 5-3 vote. Rep. Bill McCollum, R-Florida, chairman of the subcommittee, praised the sponsors of H. 3125 and emphasized the importance of enacting this legislation. A few members of the subcommittee voted against the measure over concerns with some of the exemption provisions (for the horse racing, lottery and sports fantasy industries) and the absence of any language favorably addressing Native American gaming. It is believed that many of the concerns can be resolved over the next few months during the Congressional recess, set to begin the week of November 22.

The next step is a full Judiciary Committee markup sometime in early 2000. The markup is expected to produce a number of amendments from members of the committee. H. 3125 is similar to S.692, which passed the Senate on November 19. Over the next few months, the sports leagues hope to work with members of the staff of Rep. Bob Goodlatte, R-Virginia, sponsor of the bill, and others to resolve some of the differences between the House and Senate bills.

Colleges and universities begin prohibiting credit card companies from soliciting business from students on campus -- House legislation introduced to reduce college student credit limits.

According to The Washington Post, between 55 percent and 70 percent of U.S. college and university students have at least one credit card. Surveys indicate that between 33 percent and 50 percent of students with credit cards are carrying debt from not paying their balance in full. The trend has prompted 10 states to consider laws that would prohibit credit card companies from soliciting business on their campus. According to the United College Marketing Services, a group that offers credit cards to students, approximately 430 U.S. colleges and universities already ban solicitation on campus. In addition, easy access to credit cards aid students who want to gamble over the Internet.

On November 11, Rep. Louise Slaughter, D-New York, introduced the "College Student Credit Card Protection Act," (H.R. 3142). The bill would amend the consumer Credit Card Protection Act to limit the amount of credit that may be extended to traditional age college student without a cosigner to 20 percent of their annual income. Slaughter argued that credit card debt is a serious problem for college students that needs to be addressed, adding that "a recent report found that one-fifth of the nation's college students are carrying credit debts of more than $10,000."

Federal legislation to ban all legal gambling on amateur and college sports.

Following the recommendation of the National Gambling Impact Study Commission that all gambling on college sports be discontinued, Sen. Sam Brownback, R-Kansas, and Sen. Patrick Leahy, D-Vermont, continue to consider offering legislation. The proposed bill would amend current federal law, the Professional and Amateur Sports Protection Act (PASPA), to extend the prohibition against gambling on high-school, college and Olympic sports to every state. PASPA, adopted on 1992, allowed certain states to continue sports gambling if they had a state law authorizing this activity before the passage of the Act. Nevada is the only state that currently authorizes gambling on college sports. However, gaming regulations do exclude gambling on Nevada teams.

Several senators have committed to vote for the legislation but prefer not to join as co-sponsors of the legislation at this time, most likely due to pressure from the gaming industry. It is estimated that Nevada gambling interests contributed more than $20 million to Republican and Democratic political races last year alone. This gives the gaming industry tremendous access and influence with members of Congress.

Several Nevada newspapers ran articles recently on the proposed legislation. The articles were critical of the NCAA and one quoted American Gaming Association President Frank Fahrenkopf :

"Fahrenkopf said there was little hope of compromising with the NCAA on the proposed ban, recalling his experience as a lawyer in Reno pursuing litigation against the organization. 'It was like dealing with the Gestapo,' Fahrenkopf said. 'They're very tough. The NCAA is not used to compromising.'

"Somewhere between $100 billion and $300 billion is bet on sports each year. Of that, $2.3 billion is bet legally in Nevada. One-third of that is college athletics. So it's a very small, infinitesimal piece of the problem. We're not part of the problem ... We're part of the solution to the problem.' "

The NCAA supports this legislation in order to close a "loophole" that exempted several states from the prohibition against sports gambling. A total ban on college sports betting is part of a broad strategy to address problems related gambling on college sports.

National Youth Sports Program

Fiscal year 2000 appropriations.

On November 19, Congress finally agreed to an omnibus spending bill that includes all unresolved fiscal year 2000 appropriations matters, as well as several other legislative matters that were pending before Congress. Included in the massive package is a 0.38 percent across-the-board spending cut on all domestic funding. Unlike previous scenarios, the 0.38 percent reduction will not be applied equally across all programs but rather will be left to the discretion of each agency. The White House insisted on the provision to provide each federal agency with the flexibility to determine which programs should receive reductions in funding. The provision does include language that restricts any program from being reduced by more than 15 percent.

The omnibus spending bill provides the National Youth Sports Program with $15 million in fiscal year 2000 funding, subject to potential cuts imposed by the U.S. Department of Health and Human Services.

Copyright issues

Congress adopts trademark "cybersquatting" bill.

On November 19, Congress approved legislation (HR 3028), as part of an end-of-the-year omnibus legislation (HR 3194), that would make it a crime to acquire Internet addresses containing trademarked titles for the purpose of forcing trademark owners to pay exorbitant sums to claim their rightful domain. This practice is referred to as "cybersquatting." The NCAA has confronted this practice as individuals have registered NCAA trademark names as Web site addresses.

In related news, the Internet Corporation for Assigned Names and Numbers recently developed a new dispute resolution policy concerning "cybersquatting." Under the policy, registrants who are accused of acquiring a name in "bad faith" are required to submit to third-party arbitration.

House and Senate eliminate provision from conference agreement on copyright legislation -- provision would have clarified that Internet service providers are prohibited from obtaining a cable compulsory license.

A provision prohibiting Internet service providers from receiving cable compulsory licenses has been eliminated from the House-approved conference report of the Intellectual Property and Communications Omnibus Reform Act of 1999 (IPCORA). On November 8, the House adopted a conference agreement report that included language clarifying that the cable compulsory license did not apply to digital online communications services. This language was included in order to make it clear that the granting of a cable compulsory license did not extend to uses over the Internet. This change was intended only to clarify a long-held position by Congress that unfortunately was not clearly stated in the existing statute. The NCAA joined broadcasters, cable companies and other copyright owners by signing a letter addressed to members of Congress asking them not to make changes to the compulsory license provisions of the IPCORA conference report. However, the Internet service provider community was successful in arguing that this provision was not a technical but a substantive change. The Senate agreed to remove the language from the final version of the legislation and entered the following statement into the Congressional Record:

"Certain technical amendments to these definitions that were included in the conference report to the Intellectual Property and Communications Omnibus Reform Act (IPCORA) of 1999 are not included in this legislation. Congress intends that neither the courts nor the Copyright Office give any legal significance either to the inclusion of the amendments in the IPCORA conference report or their omission in this legislation. These statutory definitions are to be interpreted in the same way after enactment of this legislation as they were interpreted before enactment of this legislation."

The IPCORA conference report does include provisions reducing the satellite royalty rate paid to copyright owners (including the NCAA) for the retransmission of distant signals from 27 cents to 18.9 cents (for superstation signals) and 14.85 cents for network signals. Also included in the bill was an extension of the satellite compulsory license through 2004. This extension permits satellite companies to retransmit distant signals by paying the statutorily set satellite royalty rate.

The IPCORA legislation was contained within the larger, omnibus appropriations bill approved by both the Senate and House shortly before the Congressional recess.

Miscellaneous

Wisconsin legislator to introduce athlete-agent legislation in January 2000.

In January 2000, Rep. Steve Wieckert is expected to introduce legislation regulating athlete agents in the Wisconsin state legislature. The legislation closely tracks the latest draft of a bill developed by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The NCAA has helped fund the efforts of the NCCUSL in hopes of crafting a uniform state law regulating athlete agents that will be adopted by the states.

In the meantime, the Wisconsin legislature will consider Rep. Wieckert's legislation in early 2000. The NCAA has worked closely with Rep. Wieckert's staff and has endorsed the legislation. It is likely that NCAA will also testify at a Committee hearing later in January.

Supreme Court to hear Texas football prayer case.

On November 15, the U.S. Supreme Court announced it would hear a Texas case that will determine whether student-led prayers at football games violate constitutional mandates of separation of church and state. The case, Santa Fe Independent School District v. Jane Doe, will test a federal court decision that struck down a Galveston County, Texas, School Board policy of allowing such prayers.

A federal judge had ruled that the district's policy of allowing student-led prayers at football games and graduations is allowed only if the prayers are "non-sectarian and non-proselytizing." But ultimately, a three-judge panel of the 5th Circuit Court of Appeals voted 2-1 to strike down the policy, holding that football games are not the type of "annual events that can be appropriately solemnized with prayer."

A ruling is expected by late June.

Senate Commerce Committee continues to work on drug-testing research/prevention legislation.

Senate Commerce Committee staff is working on legislation aimed at further drug-testing research and education/prevention program development. The impetus for the legislation came from Senate Commerce Committee hearing held on October 20. The hearing examined the use of performance enhancing drugs by athletes and explored options available to address the problem.

At the October 20 hearing, Sen. John McCain, R-Arizona, chairman of the Senate Commerce Committee, committed to sponsoring drug-testing research and education legislation. The NCAA is working with four experts at member institutions to assist the committee in developing in this area. It is expected that legislation will be introduced sometime in early 2000.