The items marked with an asterisk have been approved by the Management Council and Presidents Council in concept, but have not yet been approved in legislative form. Other items have previously been approved in legislative form. The page numbers in the proposals refer to the 1999-00 NCAA Division II Manual. Bold type indicates new wording; italicized type indicates wording removed.

*No. 1 Provisional Membership --
Four-Year Provision

Intent: To clarify that the four-year provisional membership period may be extended to five years.

Constitution: Amend 3.6.1.1.1, page 17, as follows:

"3.6.1.1.1 Four-Year Provision. Provisional membership shall be limited to a four-year period (except when institutions are required to repeat one year per 3.6.5.1). At the end of the four-year period, a provisional member shall be eligible to apply for active membership (see 3.2.3)."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

No. 2 Eligibility for Membership Committees

Intent: To clarify that committee appointments and President Council and Management Council appointments are available only to representatives "on the staff" at active Division II institutions.

A. Constitution: Amend 4.3.1, page 23, by adding new 4.3.1.3, as follows:

[4.3.1.1 and 4.3.1.2 unchanged.]

"4.3.1.3 Eligibility for Membership. The Presidents Council shall be composed of Chief Executive Officers representing Division II active member institutions."

B. Constitution: Amend 4.6.1, pages 24-25, as follows:

[Division II]

"4.6.1 Composition. The Division II Management Council shall be comprised of one administrator or representative from each of the Division II multisport voting conferences, one administrator or representative of Division II independent institutions and two "at-large" positions to enhance efforts to achieve diversity of representation. The members shall be representatives of Division II active member institutions. The members of the Council shall include:"

[Remainder of 4.6.1 unchanged.]

C. Bylaws: Amend 21.7.1.1, page 318, as follows:

[Division II]

"21.7.1.1 "On the Staff." Individuals serving on Division II committees or as Division II representatives on Association-wide or common committees shall be salaried on a regular basis by a Division II active member institution or conference and performing a regular staff function representing at least 50 percent of the normal workload for a staff member at that institution or conference, unless otherwise specified."

Source: NCAA Division II Presidents Council [Management Council (Membership Committee)].

Effective date: Immediately.*

Intent: To delete nonpermissible lists in Bylaws 13.02.5.2, as these provisions are repeated in other legislation.

Bylaws: Amend 13.02.5.2, page 77, as follows: 13.02.5.2 Impermissible Recruitment Activities for Enrolled Student-Athletes:

"(a) Recruitment expenses. An institution may not provide an enrolled student-athlete with transportation or expenses to recruit a prospect except those expenses specified as permissible when a student-athlete serves as a student host.

"(b) Telephone calls. Enrolled student-athletes or other enrolled students shall not make or participate in telephone calls to prospects at the direction of a coaching staff member or financed by the institution or a representative of its athletics interests.

"(c) Transportation. A student-athlete acting as a student host shall not be provided an automobile by the institution or representatives of its athletics interests for use by the host or the prospect during a prospect's official visit to the campus.

"(d) Student host. A student-athlete serving as a student host must be enrolled in the member institution being visited by the prospect. In Divisions I and II, a nonqualifier (see 14.02.9) may not serve as a student host during his or her first academic year of residence."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

No. 4 Recruiting -- Prospective Student-Athlete

Intent: To clarify the definition of a prospective student-athlete.

Bylaws: Amend 13.02.10, page 78, as follows:

"13.02.10 Prospective Student-Athlete. A prospective student-athlete ("prospect") is a student who has started classes for the ninth grade. In addition, a student who has not started classes for the ninth grade becomes a prospective student-athlete if the institution provides such an individual (or the individual's relatives or friends) any financial assistance or other benefits that the institution does not provide to prospective students generally. An individual remains a prospective student-athlete until one of the following occurs (whichever occurs earlier):

"(a) The individual officially registers and enrolls in a minimum full-time program of studies and attends classes in any term of a four-year collegiate institution's regular academic year (excluding summer) or;

"(b) The individual participates in a regular squad practice or competition at a four-year collegiate institution."

Source: NCAA Division II Presidents Council [Management Council (Committee on Infractions)].

Effective date: Immediately.*

*No. 5 Recruiting -- Telephone Calls

Intent: To simplify to legislation by deleting the "definition" of "any time."

Bylaws: Amend 13.1.3.2.2, page 82, as follows:

"13.1.3.2.2 Telephone Calls Initiated by Prospect at Prospect's Expense. Institutional staff members may receive telephone calls placed by a prospect at the prospect's own expense at any time, including prior to July 1 (August 15 in football) following the prospect's junior year in high school."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

*No. 6 Publicity -- Comments Prior to Signing

Intent: To clarify legislation relating to an institution commenting on a prospect's ability.

Bylaws: Amend 13.11.2, page 98, as follows:

"13.11.2 Comments Prior to Signing. Prior to the signing of a prospect to a National Letter of Intent or an institution's written offer of admission and/or financial aid, a member An institution may comment publicly only to the extent of confirming its recruitment of the prospect. The institution may not comment generally about the prospect's ability or the contribution that the prospect might make to the institution's team; further, the institution is precluded from commenting in any manner as to the likelihood of the prospect's signing with that institution.Violations of this bylaw do not affect a prospect's eligibility; however, the violation shall be considered an institutional violation per 2.8.1."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

*No. 7 Publicity -- Intent to Enroll

Intent: To delete legislation that prohibits an institution from publicizing a prospect's intent to enroll since this prohibition is implied in Bylaw 13.11.2.

Bylaws: Amend; 13.11.6, page 99, as follows:

"13.11.6 Intent to Enroll. A member institution shall not publicize (or arrange for publicity of) a prospect's intention to accept its offer of financial assistance. Violations of this bylaw do not affect a prospect's eligibility; however, the violation shall be considered an institutional violation per 2.8.1."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

*No. 8 Use of recruiting Funds

Intent: To delete unnecessary descriptive legislation related to the "definition" of slush funds.

Bylaws: Amend 13.15.4, page 106, as follows:

"13.15.4 Slush Funds. An institution shall not permit any outside organization, agency or group of individuals to utilize, administer or expend funds for recruiting prospects, including the transportation and entertainment of, and the giving of gifts or services to, prospects or their relatives, legal guardian(s) or friends.

"13.15.4.1 Pooled Resources. The pooling of resources for recruiting purposes by two or more persons shall constitute such a slush fund. However, this provision shall not apply to persons upon whom a prospect may be naturally or legally dependent.

"13.15.4.2 Company Funds. The use of a company's funds to pay the expenses incurred in transporting a prospect to the campus constitutes the use of pooled resources."

Source: NCAA Division II President Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

No. 9 Financial Aid ­ Individual Limit --
Division II

Intent: To clarify in one bylaw, that aid is only permitted when student-athlete attends certifying institution.

Bylaws: Amend 15.01.1, page 153, as follows:

"15.01.1 Institutional Financial Aid Permitted. A student-athlete may receive scholarships or educational grants-in-aid administered by (see 15.02.1) an educational institution that do not conflict with the governing legislation of this Association., only when the student-athlete attends that institution, except when otherwise authorized by NCAA legislation.

"15.01.1.1 Financial Aid to Attend Another Institution. An institution may not provide financial aid to a student-athlete to attend another institution, except as specifically authorized by NCAA legislation."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

No. 10 Financial Aid -- Individual Limit -- Division II

Intent: To eliminate repetitive legislation that appears twice in the Division II Manual.

Bylaws: Amend Bylaw 15.1.2, page 156, as follows:

" 15.1.2 Recruited Student-Athlete Receiving Institutional Financial Aid. Unearned financial aid (excluding loans) administered by an institution to an athletically recruited student is considered to be athletically related financial aid and is subject to the limitations set forth in 15.1.

"15.1.2.1 Exception for Nonrecruited Student-Athlete. If a student-athlete was not recruited and receives financial aid unrelated to athletics ability and in excess of a full grant-in-aid, the student may retain the aid for the period of its award without any adjustment. Once the original period of the award expires, renewal of the same financial aid in excess of the limitation is permissible only if the aid is renewed on the same basis as originally awarded."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

No. 11 Financial Aid --
Institutional Limit -- Division II

Intent: To eliminate legislation that is not applicable in Division II.

Bylaws: Amend Bylaw 15.5.5.4, page 200, as follows:

"15.5.5.4 Exceptions

"15.5.5.4.1 Voluntary Withdrawal. An institution may replace a counter who voluntarily withdraws from the football team by providing the financial aid to another student who already has enrolled in the institution and is a member of the football squad. For this replacement to occur, the counter must withdraw prior to the first day of classes or before the first game of the season, whichever is earlier, and release the institution from its obligation to provide institutional financial aid [see also 15.3.4.1-(d)].

"15.5.5.4.2 Lightweight Football. Participants in lightweight football programs who do not participate in the institution's regular varsity intercollegiate program shall not be counted in the institution's financial aid limitations."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

*No. 12 Playing and Practice Seasons -- Countable Athletically Related Activities

Intent: To amend the list of countable athletically related activities to more clearly define the involvement of strength and conditioning coaches in voluntary workouts.

Bylaws: Amend 17.02.1.1, pages 193-194, as follows:

"17.02.1.1 Countable Athletically Related Activities. The following are considered countable athletically related activities and must be counted in the weekly or daily time limitations specified under 17.1.6.1 for Divisions I and II:

[17.02.1.1-(a) through 17.02.1.1-(l) unchanged.]

"(n) Involvement of an institution's strength and conditioning staff with enrolled student-athletes in required conditioning programs. Strength and conditioning personnel may monitor supervise or assist voluntary individual workouts for safety purposes. If the strength and conditioning coach also is a countable coach, such assistance may be provided only if that strength and conditioning staff member performs such duties on a department-wide basis. In a Division III institution, assistance in conditioning programs for student-athletes shall be to the same extent that such assistance is provided to students generally."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*

*No. 13 Enforcement -- Types of Violations -- Division II

Intent: To clarify the definition of a secondary violation and to emphasize that secondary violations are distinct from and exclusive of significant recruiting inducements and extra benefits.

Bylaws: Amend 19.02.2.1, pages 287-288, as follows:

"19.02.2.1 Violation, Secondary. A secondary violation is one that a violation that is isolated or inadvertent in nature, provides or is intended to provide only a limited minimal recruiting, or competitive or other advantage and that is isolated or inadvertent in nature does not include any significant recruiting inducement or extra benefit. Repeated Multiple secondary violations by a member institution also may be identified by the vice president for enforcement and student-athlete reinstatement as a major violation. If the Infractions Subcommittee determines that repeated secondary violations have occurred and that the institution is not taking appropriate action to prevent such violations, a penalty appropriate for a major violation may be imposed collectively considered as a major violation."

Source: NCAA Division II Presidents Council [Management Council (Committee on Infractions)].

Effective date: Immediately.*

No. 14 Committee on Infractions -- Composition -- Division II

Intent: To clearly state the requirement for a quorum in order to conduct committee business.

Bylaws: Amend Bylaw 19.1.1 by adding a new 19.1.1.1, page 288, as follows:

"19.1.1.1 Quorum. Three members present and voting shall constitute a quorum for conduct of committee business, it being understood that the chair will make a special effort to have full committee attendance when major infractions cases involving violations are to be considered."

Source: NCAA Division II Presidents Council [Management Council (Committee on Infractions)].

Effective date: Immediately.*

No. 15 Championships Eligibility -- Division II

Intent: To clarify that Division II institutions that declare intent to reclassify one sport to Division I remain eligible for Division II Enhancement Fund proceeds.

Bylaws: Amend 20.4.3.1, page 302, as follows:

"20.4.3.1 Reclassification of a Sport from Division II to Division I. A member of Division II that has forwarded to the national office written notice of its intention to change its membership classification in one sport to Division I per 20.4.2.2 no longer shall be eligible to participate in any subsequent Division II NCAA championship in that sport. However, the institution shall retain eligibility to receive Division II Enhancement Fund proceeds."

Source: NCAA Division II Presidents Council [Management Council (Championships Committee)].

Effective date: Immediately.*

No. 16 Membership --
Change of Division Membership

Intent: To delete obsolete legislation in the Division II Manual.

Bylaws: Amend 20.5.2.1, page 302, as follows:

"20.5.2.1 Reclassification from Division II to Division I-Notification Requirement. The chief executive officer of a Division II member that intends to petition for reclassification to Division I per 20.5.2.2 shall submit to the Association's president written notice of the institution's intention to reclassify. The notice shall be received in the national office (by mail or wired transmission) not later than June 1 two years prior to the September 1 when the institution intends to reclassify to Division I.

"20.5.2.1.1 Exception. A Division II institution that petitions not later than June 1, 1994, to reclassify to Division I effective not later than September 1, 1995, shall not be subject to this notification requirement, provided it meets all applicable Division I membership criteria per 20.5.2.2 and 20.5.2.3."

Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].

Effective date: Immediately.*