NCAA News Archive - 2001

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Management Council minutes


Mar 12, 2001 2:23:44 PM


The NCAA News

Following are the minutes of the January 5-6 meeting of the Division II Management Council in Orlando, Florida. All actions taken by the Management Council are included. Highlights of the meeting were reported in the January 15 issue of The NCAA News.

1. Announcements. Clint Bryant, chair, reviewed the schedule for this meeting and noted that Kevin L. Hickey's absence from the meeting was excused.

2. Review of Previous Minutes.

a. Minutes of the Management Council's October 25-26, 2000, Meeting.

It was voted that the Management Council approve the October minutes as distributed.

b. Report of the Presidents Council's November 1, 2000, Meeting. The Management Council reviewed the minutes from the Presidents Council's November 1 meeting without taking any formal action.

c. Report of the Executive Committee's November 2, 2000, Meeting. The Management Council reviewed the minutes from the Executive Committee's November 2 meeting without taking any formal action.

3. Division II Strategic Plan. The Management Council reviewed the Division II strategic plan and the list of Division II accomplishments in 2000 without taking any formal action.

4. Review of Committee Recommendations Affecting Division II.

a. Association-Wide and Common Committees.

(1) Committee on Competitive Safeguards and Medical Aspects of Sports. The Management Council reviewed the committee's report without taking any formal action.

(2) Honors Committee. The Management Council reviewed the committee's report without taking any formal action.

(3) Minority Opportunities and Interests Committee. The Management Council reviewed the committee's report without taking any formal action.

(4) NCAA Olympic Sports Liaison Committee.

It was voted that the Management Council recommend that the Presidents Council support the committee's recommendation to conduct an additional in-person meeting (total of two) during the 2000-01 academic year and that the Presidents Council approve the waiver request per NCAA Executive Regulation 31.7.2.1.5-(b) of the requirement that committees that meet more than once per year must conduct at least half of the meetings in the Indianapolis metropolitan area.

(5) Committee on Sportsmanship and Ethical Conduct. The Management Council reviewed the committee's report and supported the committee's work regarding the hazing and sportsmanship videos. The Management Council also noted that the committee should reconsider the criteria it uses to select the NCAA Sportspersons of the Year to ensure that there is a recipient in each division. It was suggested that less emphasis be placed on one single act of sportsmanship and more on overall citizenship and sportsmanship behavior.

b. Division II Committees.

(1) Legislation Committee.

(a) 2001 NCAA Convention Interpretations.

It was voted that the Management Council adopt the following interpretations regarding 2001 NCAA Convention Proposal Nos. 27 and 27-1:

Multisport Participants -- Financial Aid Agreement Does Not Specify Disbursement Of Aid. For a multisport participant, an institution must divide countable athletically related aid equally among all sports in which the student-athlete participates in instances when the financial aid agreement does not specify how such aid should be counted toward institutional limits.

Multisport Participants -- Countable Institutional Aid Not Athletically Related. For a multisport participant, an institution must divide nonathletically related institutional aid in the same proportion that athletically related aid is divided for purposes of institutional limits in the sports in which the student-athlete participates.

(b) Editorial Revision (NCAA Bylaw 17.02.12).

It was voted that the Management Council recommend that the Presidents Council amend Bylaw 17.02.12 (Tryouts -- Enrolled Students) to clarify that a tryout may include competition against the member institution's team out of season as long as the participation is included in the eight hours of activity permitted during this time. (c) 2002 NCAA Legislation.

It was voted that the Management Council recommend that the Presidents Council sponsor legislation for the 2002 NCAA Convention to create an exception to the residency requirement for four-year transfers when the student's current institution loses regional accreditation, which causes the school to lose Division II active membership. The exception would be similar to the current discontinued/nonsponsored-sport exception (Bylaw 14.5.5.3.6) so that a student-athlete using this exception could subsequently use the one-time transfer exception, if necessary.

(d) Noncontroversial Legislation (Bylaw 17.25.1).

It was voted that the Management Council recommend that the Presidents Council adopt noncontroversial legislation to amend Bylaw 17.25.1 (track and field -- length of playing season) so that it is clear that an institution does not have to meet minimum contest participation requirements in Bylaw 20 in order to specify separate playing seasons for indoor and outdoor track and field.

(e) Bylaw 17 Deregulation Concepts.

It was voted that the Management Council recommend that the Presidents Council approve the concepts set forth in Management Council Supplement No. 10, Attachments A and B, to deregulate Bylaw 17 (Playing and Practice Seasons) of the Division II Manual with the understanding that the Management Council and Presidents Council will review these concepts in legislative form at their April meetings to determine whether to sponsor legislative proposals for consideration at the 2002 NCAA Convention.

(2) Membership Committee.

(a) Provisional Membership Convention Attendance Waivers.

It was voted that the Management Council waive the attendance requirements for the 2001 NCAA Convention for personnel from the following provisional institutions, due to illness or calendar conflicts: Green Mountain College (chief executive officer); Nyack College (chief executive officer); Teikyo Post University (faculty athletics representative).

(b) Concordia College (New York) Four-Sport/Three-Season Waiver.

It was voted that the Management Council approve a committee recommendation to deny the request from Concordia College (New York) for a four-sport/three-season waiver as a result of the institution's decision to cancel its women's basketball season due to a significant number of injuries.

(The Management Council noted that the four-sport/three-season requirement is a cornerstone of Division II membership, and this waiver was not intended to be used for situations when injuries occur and the school makes no attempt to "recruit" current students to complete the schedule.)

(c) Restricted Membership Status -- American University of Puerto Rico.

It was voted that the Management Council remove American University of Puerto Rico from restricted-membership status since it has been determined that the university has started correctly using the NCAA Initial-Eligibility Clearinghouse to certify freshman eligibility.

(3) Student-Athlete Advisory Committee.

It was voted that the Management Council recommend that the Presidents Council ratify the appointments of Brad Bigler, Southwest State University, as the Northern Sun Conference representative, and Adam Fairman, University of Pittsburgh at Johnstown, as the independent representative to the Student-Athlete Advisory Committee.

(4) Student-Athlete Reinstatement Committee.

(a) Policies and Procedures.

It was voted that the Management Council approve the proposed changes to the committee's policies and procedures.

(b) Bylaw 12.5.1 Modification. The Management Council agreed to refer back to the committee the recommendation to modify Bylaw 12.5.1 so that any individual who participates in any promotional activity other than that permitted by the Association under Bylaw 12.5.1 shall not be eligible for intercollegiate athletics. The Management Council expressed concern about whether such legislation was necessary, considering the new spirit of deregulation in Division II.

5. Division II Administrative Committee.

It was voted that the Management Council approve the minutes from the December 6, 2000, Administrative Committee teleconference as distributed.

6. NCAA Convention and Legislation.

a. Proposed Legislation for the 2001 NCAA Convention. The Management Council reviewed the proposed legislation for the 2001 NCAA Convention. No formal action was taken.

b. Legislative Issues Related to 2001 NCAA Convention Proposals. The Management Council reviewed legislative issues (for example, mootnicity issues) that would be shared with Convention delegates before the Division II Business Session. No formal action was taken.

c. Noncontroversial Legislation per Constitution 5.3.1.1.1.

It was voted that the Management Council recommend that the Presidents Council approve the legislative form of the noncontroversial legislation as submitted.

d. Administrative Regulations (Bylaws 30, 31 and 32 Revisions).

It was voted that the Management Council recommend that the Presidents Council approve the legislative form of administrative and executive regulation revisions as submitted.

e. Modifications of Wording to Conform to Intent.

It was voted that the Management Council recommend that the Presidents Council approve the legislative form of modification of wording to conform to intent proposals as submitted.

f. Incorporation of October Legislative Actions into the 2001-02 Division II Manual.

It was voted that the Management Council recommend that the Presidents Council include in the 2001-02 NCAA Division II Manual the noncontroversial legislative proposals, administrative bylaws and modification of wording proposals approved during the January meeting.

g. Convention Assignments and Presidents Council Position on Legislation. The Management Council reviewed the 2001 Division II business session assignments and schedule. No formal action was taken.

h. Management Council Interpretations.

It was voted that the Management Council approve the following interpretations forwarded in October by the Division II Championships Committee and Amateurism Project Team, respectively:

* Association-Wide and Common Committees -- Composition. The NCAA Division II Management Council reviewed the provisions of NCAA Bylaws 21.2.1.2 and 21.3.1.2 and determined that in instances when the number of positions available on a given committee is an odd number (for example, a three-person committee) that the number of coaching positions to be filled be "rounded up." For example, if the committee is a three-person committee, at least two positions must be filled by coaches in order to meet the 50 percent requirement specified in those bylaws. [References: Bylaw 21.2.1.2 (composition requirements) and Bylaw 21.3.1.2 (composition requirements).]

* Corporate Entities as Representatives of an Institution's Athletics Interest. The NCAA Division II Management Council determined that provisions of NCAA Constitution 6.4.1 and 6.4.2 and NCAA Bylaw 13.02.12 are applicable to corporate entities and other organizations (for example, apparel and equipment companies). The Management Council directed the NCAA Legislative Review Subcommittee of the Division II Legislation Committee to incorporate this interpretation into the appropriate constitutional and bylaw citations in the 2001-02 NCAA Division II Manual. [References: Constitution 6.4.1 (independent agencies and organizations) and 6.4.2 (representatives of athletics interests) and Bylaw 13.02.12 (representative of athletics interest).]

7. Division II Project Teams/Subcommittees.

a. Project Teams.

(1) Amateurism Project Team.

(a) Waiver Recommendation.

It was voted that the Management Council recommend that the Presidents Council approve the recommendation to direct the Administrative Review Subcommittee to approve waivers of the season-of-competition rule that meets the following criteria:

* Student-athlete signed a National Letter of Intent during the early signing period before the 2001 Convention; and

* Student-athlete triggered the seasons-of-competition rule, but did not violate any amateurism rules.

For those prospects who signed a National Letter of Intent during the early signing period but have also violated a current amateurism rule (for example, competed on the professional tennis circuit for two years after high-school graduation and accepted prize money for participation), the Management Council requests that the Administrative Review Subcommittee assess whether any competitive advantage was gained.

(For those student-athletes who have not committed to a Division II institution by signing a National Letter of Intent prior to the 2001 Convention, the Management Council believes that it is the coach's responsibility to clearly explain the eligibility status to the prospect during recruitment and before signing the letter of intent. Then, the prospect has the ability to make an informed decision before the legislation becomes effective August 1, 2001. Institutions may process appeals for such student-athletes who lose a season of eligibility (due to the new amateurism legislation) through the Administrative Review Subcommittee, if they believe there are compelling reasons why the seasons-of-competition rule should not apply.)

(b) Discontinued High-School Enrollment Exception.

It was voted that the Management Council recommend that the Presidents Council sponsor noncontroversial legislation to amend the seasons-of-competition rule so that if a high-school student-athlete discontinues full-time high-school enrollment to engage in organized competition (as defined by Proposal No. 12), he/she will trigger the seasons-of-competition rule.

(c) Academic Year in Residence.

It was voted that the Management Council issue an interpretation to clarify that a prospect who triggers the seasons-of-competition rule must serve the required academic year in residence at the certifying institution.

(2) Membership Review Project Team. The Management Council reviewed the project team's report without taking any formal action.

b. Division II Management Council.

(1) Management Council Assignments to Committees and Project Teams.

It was voted that the Management Council recommend that the Presidents Council ratify the Management Council assignments to committees and project teams as listed below:

* Management Council Subcommittee (replacing chairs; Jerry Hughes, Kaye Crook and Doug Echols)

Replacements: Gail Fults, Richard Gropper, Pam Gill-Fisher

Chairs: Satisfactory-Progress: Bruce Harger; Infractions Appeals: Katy Wilson

* Membership Committee (replacing Jim Watson)

Replacement: Joan McDermott

* Student-Athlete Involvement Project Team (replacing Jim Watson)

Replacement: Kevin L. Hickey

* Budget and Finance Committee (replacing Jerry Hughes)

Replacement: Mike Marcil

* Olympic Sports Liaison Committee (replacing Jim Watson)

Replacement: Katy Wilson

* Postgraduate Scholarship Committee (replacing Tom Shirley)

Replacement: George Klebez

* Convention Planning Project Team (replacing Tom Shirley, Kaye Crook)

Replacements: Phil Roach; Mike Kovalchik

* Project Team to Review Issues Related to Diversity (replacing Doug Echols)

Replacement: Mike Kovalchik

* Honors Committee (replacing Doug Echols)

Replacement: Clyde Doughty

* Membership Review Project Team

Addition: Clyde Doughty

(2) Administrative Review Subcommittee.

It was voted that the Management Council approve the recommended changes to the subcommittee's policies and procedures document as submitted.

(3) Initial-Eligibility Waiver Appeals. The Management Council considered two appeals of decisions made by the Initial-Eligibility Waiver Subcommittee.

(1) Case No. 1.

It was moved and seconded that the Management Council uphold the decision of the subcommittee. (Defeated by voice vote.)

It was voted that the Management Council grant partial qualifier status conditioned on the student-athlete's ability to receive a qualifying test score on the ACT at the next possible opportunity.

(2) Case No. 2.

It was voted that the Management Council uphold the decision of the subcommittee.

8. National Office Staff Updates.

a. Foundation Leadership Conference. The Management Council was solicited to participate in the 2001 NCAA Foundation Leadership Conference, which will be held May 28-June 1 in Orlando, Florida. No formal action was taken.

b. Division II Long-Range Financial Plan. The Management Council reviewed the final draft of the Division II Long-Range Financial Plan. The Management Council also reviewed draft copies of the "Model Division II Conference Office" document as developed by the Division II Commissioners Association. The Management Council agreed to ask staff to investigate the feasibility of having the enhancement fund distributions occur in September (instead of May) each fiscal year for Division II.

c. Confederate Battle Flag Update. The Management Council received an update regarding the Association's actions concerning the Confederate battle flag. No formal action was taken.

d. South Atlantic Conference Representative. The Management Council agreed to modify its policies and procedures for the post-Convention Management Council meeting so that a nominations subcommittee would not need to be formed for the South Atlantic Conference representative's election. The Management Council agreed that such a subcommittee is not necessary when only one Management Council vacancy is being filled.


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