NCAA News Archive - 2002

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Noncontroversial legislative proposals


Feb 18, 2002 8:55:13 AM


The NCAA News

The NCAA Division II Management Council and Presidents Council have determined, pursuant to NCAA Constitution 5.3.1.1.1, that the following proposals are noncontroversial and necessary to promote the normal and orderly administration of the Association's legislation. The Management Council, by a two-thirds majority of its members present and voting, shall have the authority to recommend the adoption of noncontroversial amendments, subject to ratification by the Division II Presidents Council. Proposals that are ratified by the Presidents Council shall be effective as of the date identified in the proposal.

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 2001-02 NCAA Division II Manual.

Bold type indicates new wording; italicized type indicates wording removed.

*No. 1 Membership -- Emerging Sports

Timetable

Intent: To revise the emerging sports timetable from specific to general year references and to specify that an institution must comply with recruiting legislation during the first year.

Bylaws: Amend 3.2.4.4.2, page 10, as follows:

"3.2.4.4.2 Emerging Sports Timetable. The following timetable shall govern the application of legislation to emerging sports for women:

"(a) 1994-95 Year One -- Recruiting legislation (see Bylaw 13), Ffinancial aid legislation (see Bylaw 15.5.3.1) and minimum contests and participants requirements for sports sponsorship (see Bylaw 20.9.3.3) applicable to emerging sports programs.

"(b) 1995-96 Year Two -- Amateurism legislation (see Bylaw 12.01.5), seasons of competition legislation (see Bylaw 14.01.5) and awards and benefits legislation (see Bylaw 16) applicable to emerging sports programs.

"(c) 1996-97 Year Three and thereafter -- Institutions must be in full compliance with all remaining NCAA legislation."

Source: NCAA Division II Presidents Council [Management Council (Committee on Women's Athletics)].

Effective date: Immediately.*

*No. 2 Conference
Membership --
Sports Sponsorship

Intent: To preclude affiliated members of a voting conference from counting as one of the six institutions competing in a sport in order for that sport to be utilized in satisfying minimum sports-sponsorship requirements.

Constitution: Amend 3.3.2.2.3 by adding new 3.3.2.2.3.1, pages 12-13, as follows:.

"3.3.2.2.3.1 Conference Member in Selected Sports. An institution that is a member of a voting conference in only selected sports (for example, an affiliated conference member only in the sport of football) may not be considered when determining whether the conference has six member institutions that sponsor and compete in the sport."

Source: NCAA Division II Presidents Council [Management Council (Membership Review Project Team)].

Effective date: August 1, 2002.

*No. 3 Conference
Student-Athlete
Advisory Committee --
Annual Meeting

Intent: To require each Division II voting conference to conduct at least one in-person meeting annually of its conference student-athlete advisory committee as a condition and obligation of Division II conference membership and to establish a penalty for noncompliance.

Constitution: Amend 3.3.4.4 by adding new 3.3.4.4.1, 3.3.4.4.1.1 and 3.3.4.4.1.2, page 13, as follows:

"3.3.4.4.1 Annual Meeting. The member conference shall conduct at least one in-person meeting annually of its conference student-athlete advisory committee.

"3.3.4.4.1.1 Failure to Conduct a Conference Student-Athlete Advisory Committee Annual Meeting. If an active member conference fails to meet the conditions set forth in 3.3.4.4.1 during a given year, the conference shall immediately be placed on probationary status during the subsequent academic year and would not be eligible for the conference grant that is designated for the enhancement of the conference student-athlete advisory committee. If the conference fails to meet the conditions set forth in 3.3.4.4.1 during the probationary year, the conference may be reclassified immediately as a corresponding member.

"3.3.4.4.1.2 Waiver -- The Management Council, by a two-thirds majority of its members present and voting, may grant waivers of 3.3.4.4.1 if it deems that unusual circumstances warrant such action."

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

Effective date: Immediately.*

*No. 4 Conference Membership -- Conditions and
Obligations of Membership --
Audit Requirement

Intent: To provide the Membership Committee authority to conduct random audits of the conference sports-sponsorship requirements.

Constitution: Amend 3.3.4 by adding new 3.3.4.5, page 13, as follows:

"3.3.4 Conditions and Obligations of Membership

[3.3.4.1 through 3.3.4.4 unchanged.]

"3.3.4.5 Sports-Sponsorship Audit Requirement. A voting member conference shall provide documentation, upon request, to evidence compliance with sports-sponsorship requirements for a given year."

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

Effective date: Immediately.*

*No. 5 Membership -- Provisional Conference Membership

Intent: To establish requirements for provisional member conferences.

Constitution: Amend 3.3 by adding new 3.3.7, page 14, as follows:

"3.3.7 Provisional Conference Membership Requirements. A conference desiring to become a voting conference member must satisfy the provisional membership requirement set forth in 3.3.1.3 and the requirements set forth in the following provisions.

"3.3.7.1 Types of Conferences. Provisional conference membership is available to conferences that consists of a minimum of six four-year colleges or universities or two-year upper-level collegiate institutions that are currently active or provisional members (see 3.3.1.2) of Division II and accredited by the appropriate regional accrediting agency.

"3.3.7.2 Provisional Member Period. A newly formed conference desiring to attain voting conference status and gain access to voting conference membership privileges must complete a provisional membership period before becoming eligible for election. A conference that forms with six or more active members must complete a two-year provisional membership period. A conference that forms with fewer than six active members must complete a four-year provisional membership period.

"3.3.7.2.1 Credit for Previous Conference Membership. The Management Council, by a two-thirds majority of its members present and voting, may grant credit to a conference for any portion of the first two years of the required provisional membership period (that is, two-year or four-year requirement) or components of the requirements of such years, provided the conference had previously been a voting conference member within the past 10 years.

"3.3.7.3 Transfer of Provisional Conference Membership from Divisions I or III. The Management Council, by a two-thirds majority of its members present and voting, may waive a maximum of one year of the provisional conference membership period if a conference transfers its conference membership from Division I or III, provided the conference has been a member of the previous division for at least one year.

"3.3.7.4 Five-Sport/Three-Season Requirement. A provisional member conference shall conduct conference competition in at least five sports for men, with at least one in each season and five sports for women, with at least one in each season. For a sport to count as one of the five for men or one of the five for women, the following criteria must be satisfied:

"(a) The conference must conduct a conference championship (for example, round robin or tournament play) and name a conference champion in the sport:

"(b) In team sports only, the conference must conduct regular-season competition among the conference members sponsoring the sport; and

"(c) At least six conference member institutions must sponsor and compete in the sport.

"3.3.7.5.1 Waiver. The Management Council, by a two-thirds majority of its members present and voting may waive the requirements of Constitution 3.3.7.5 if it deems that unusual circumstances warrant such action.

"3.3.7.5 Privileges and Voting Rights

"3.3.7.6.1 Convention Representation and Association Mailings. Provisional member conferences shall be entitled to be represented by one nonvoting delegate at any Convention of the Association and shall receive all publications and mailings received by voting member conferences.

"3.3.7.6.2 Use of Association's Registered Marks. A provisional member may use the registered marks of the Association (i.e., the Association's name, logo or other insignia) only in accordance with guidelines established by the Executive Committee.

"3.3.7.6 Election Procedures

"3.3.7.7.1 Application. A conference desiring to become a provisional member conference shall apply on or before June 15 on a form available from the national office. A nonrefundable application fee in the amount of $2,500 shall accompany the application. In addition, a check for annual dues also shall accompany the application.

"3.3.7.7.2 Election. A favorable vote by two-thirds majority of the Management Council members present and voting shall elect the conference to provisional membership effective the following September 1.

"3.3.7.7 Conditions and Obligations of Membership

"3.3.7.8.1 General Rules-Compliance Requirements. A conference that has a two-year provisional membership requirement shall operate in accordance with all legislative requirements during both years of provisional membership. A conference that has a four-year provisional requirement shall apply the legislation to the greatest extent possible in years one and two, except for minimum sport-sponsorship requirements set forth in 3.3.2.2.3. Such a conference must satisfy the requirements set forth in 3.3.2.2.3 in years one and two. During years three and four, the conference shall operate in accordance with all legislative requirements of the division.

"3.3.7.8.2 Annual Review of Progress. A provisional member conference shall provide, on an annual basis, a written report to be reviewed by the Membership Committee describing the conference's progress in meeting membership requirements. The report shall be postmarked not later than June 15 each year.

"3.3.7.8.3 Educational Assessment Program. During the provisional membership period, a provisional member conference shall complete an educational assessment program regarding requirements for voting conference membership. Provisional member conferences are required to complete the following educational activities during the provisional member period:

"(a) Year One -- Orientation

"(1) September -- Receipt of notification of approval;

"(2) October -- Conference commissioner and/or other conference officer(s) attend Division II Conference Commissioner's Association meeting;

"(3) January -- Convention orientation session with NCAA staff and Membership Committee representative and/or representatives of CCA;

"(4) March -- Conference commissioner and/or other conference officer(s) participate in visit to national office;

"(5) May/June -- NCAA Regional Rules-Compliance Seminars; and

"(6) June 15 -- Conference progress report due.

"(b) Year Two -- Rules and Compliance Awareness

"(1) October -- Conference commissioner and/or other conference officer(s) attend Division II Conference Commissioner's Association meeting;

"(2) January -- Educational session at NCAA Convention with NCAA staff and Membership Committee representative and/
or representatives of CCA;

"(3) April -- Conference office visit by NCAA staff and Membership Committee representative and/or representatives of CCA;

"(4) May/June -- NCAA Regional Rules-Compliance Seminar; and

"(5) June 15 -- Conference progress report due.

"(c) Year Three -- Self Assessment

"(1) September -- Rules-Compliance orientation meeting for conference commissioner at NCAA national office;

"(2) October -- Conference commissioner and/or other conference officer(s) attend Division II Conference Commissioner's Association meeting;

"(3) January -- Educational session at NCAA Convention with NCAA staff and Membership Committee representative and/
or representatives of CCA;

"(4) March -- Conference commissioner and/or other conference officer(s) participate in visit to national office;

"(5) May/June -- NCAA Regional Rules-Compliance Seminar; and

"(6) June 15 -- Conference progress report due.

"(d) Year Four -- Verification

"(1) October -- Conference commissioner and/or other conference officer(s) attend Division II Conference Commissioner's Association meeting;

"(2) January -- Educational session at NCAA Convention with NCAA staff and Membership Committee representative and/or representatives of CCA;

"(3) April/May -- Conference office visit by NCAA staff and Membership Committee representative and/or representatives of CCA;

"(4) May/June -- NCAA Regional Rules-Compliance Seminar; and

"(5) June 15 -- Conference final progress report due.

"3.3.7.8.3.1 Application of Provisional Member Period. A conference applying for provisional conference membership with fewer than six active members must complete the requirements set forth for all four years. A conference applying with six or more active members must only complete requirements set forth in years three and four.

"3.3.7.8.4 Determination of Provisional Membership Standing

"3.3.7.8.4.1 Failure to Meet Provisional Membership Requirements. A provisional conference member failing to meet and maintain the conditions set forth in Constitution 3.3.7 may be required to repeat a year of provisional conference membership (with or without conditions), placed in corresponding membership or have its membership terminated, by a two-thirds vote of the Membership Committee members present and voting. A notice of intention to terminate membership, stating the grounds on which such an action will be based, shall be given in writing to the chief executive officer of the provisional member conference.

"3.3.7.8.4.1.1 Repeat of Provisional Membership. The Membership Committee, by a two-thirds majority of members present and voting, may require a provisional conference member to repeat any one of the years of the provisional membership period. A conference may repeat a year only one time during the provisional membership period.

"3.3.7.8.4.1.2 Waiver. An institution may appeal to the Membership Committee for a waiver of the provisional member educational assessment program requirements (see Constitution 3.3.7.8.3) based on a failure to meet the requirements due to circumstances beyond the control of the conference. Such an appeal must be filed before June 1 after the academic year in which the conference failed to fulfill the requirements.

"3.3.7.8.4.1.3 Membership Committee Jurisdiction. Decisions made by the Membership Committee in regard to a conference's standing as a provisional member are final.

"3.3.7.8.4.1.3.1 Authority of Management Council. The Management Council shall hear and act on a conference's appeal of a decision made by the Membership Committee in regard to a conference's standing as a provisional member.

"3.3.7.8.4.2 Reinstatement of Terminated Member. Any provisional member conference whose membership is terminated may reapply for membership after a period of one year."

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

Effective date: Immediately.*

*No. 6 Association-Wide Committee -- Memorial Resolutions Committee

Intent: To eliminate the Association-wide NCAA Memorial Resolutions Committee and to reassign the committee's duties to the Executive Committee.

A. Constitution: Amend 4.1.2, page 22, as follows:

"4.1.2 Duties and Responsibilities. The Executive Committee shall:

[4.1.2-(a) through 4.1.2-(j) unchanged.]

"(k) Call for an annual or special Convention of the Association; and

"(l) Review and coordinate the catastrophic-injury and professional career insurance (disabling injury/illness) programs. ; and

"(m) Compile the names of those individuals associated with intercollegiate athletics who died during the year immediately preceding the annual Convention."

B. Bylaws: Amend 21.1.4.1, page 280, as follows:

"21.1.4.1 Composition. The Memorial Resolutions Committee shall consist of five members, at least one from each membership division."

C. Bylaws: Amend 21.1.4.2, page 280, as follows:

"21.1.4.2 Duties. The committee shall be responsible for compiling the names of those individuals associated with intercollegiate athletics who died during the year immediately preceding the annual Convention. The committee shall make its report each year, memorializing the individuals involved, during the business sessions of the annual Convention."

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

Effective date: Immediately.*

*No. 7 Postseason Events -- Establishment or Continuation
of Championships --
Exception for Women's Sports

Intent: To extend to 2008-09, the exception to establish a national collegiate championship or division championship in a women's sport if at least 40 institutions sponsor the sport.

Bylaws: Amend 18.2.4.1, page 254, as follows:

"18.2.4.1 Exception for Women's Sports during the 1994-95 through 2003-04 2008-09 Academic Years. A National Collegiate Championship or division championship may be established during the 1994-95 through 2003-04 2008-09 academic years in a women's sport in which the Association does not already conduct a championship if at least 40 institutions sponsor the sport."

Source: NCAA Division II Presidents Council [Management Council (Committee on Women's Athletics)].

Effective date: Immediately.*

*No. 8 Change of Division Membership -- Two-Year Reclassification
Compliance Period --
Educational Assessment Program

Intent: To specify that an NCAA institution reclassifying from Divisions I or III shall complete an educational assessment program during the two-year reclassification compliance period.

Bylaws: Amend 20.5 by adding new 20.5.4, page 272, as follows:

"20.5.4 Two-Year Reclassification Compliance Period - Educational Assessment Program. During the two-year reclassification compliance period, an institution shall complete an educational assessment program in order to be eligible for active membership in Division II. Institutions are required to complete the following educational activities during the two-year reclassification compliance period:

"(a) Year One:

"(1) Complete Division II Institutional Self-Study Guide;

"(2) Chief Executive Officer Orientation Meeting;

"(3) Attend educational session at Convention;

"(4) Complete rules-awareness document;

"(5) Attend NCAA regional rules seminar; and

"(6) Submit compliance report postmarked not later than June 15.

"(b) Year Two:

"(1) Complete self-assessment document;

"(2) Attend educational session at Convention;

"(3) Conduct Compliance Blueprint visit;

"(4) Attend NCAA regional rules seminar; and

"(5) Submit final compliance report postmarked not later than June 15."

[20.5.4 renumbered as 20.5.5 unchanged.]

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

Effective date: Immediately.*

*No. 9 Membership -- Sports Sponsorship -- Single-Gender Programs

Intent: To specify that institutions that sponsor athletics programs for only one gender must sponsor a minimum of five sports for that gender to satisfy minimum sports-sponsorship requirements.

Bylaws: Amend 20.10.3.2, page 274, as follows:

"20.10.3.2 Single-Gender Programs. Institutions that sponsor and conduct athletics programs for only one gender need not meet the minimum sports sponsorship criterion for the other gender must sponsor a minimum of five varsity intercollegiate sports, including at least two team sports, based on the minimum requirements of Bylaw 20.10.3.5, for that gender."

Source: NCAA Division II Presidents Council [Management Council (Membership Review Project Team)].

Effective date: Immediately.*

*No. 10 Committees -- Association-Wide and Common Committees -- Executive Committee Authority

Intent: To eliminate the requirement that the Executive Committee shall ratify the appointments of all individuals serving on Association-wide and common committees and appointments of chairs and secretary-rules editors of those committees.

(The proposed change involves common provisions and, thus, must be acted upon by the Divisions I, II and III membership acting independently.)

A. Bylaws: Amend 21.1.1, page 279, as follows:

"21.1.1 Method of Selection and Operation. Each division's governance structure shall appoint members to serve on the general Association-wide committees of the Association, consistent with that division's committee-appointment procedures (see Bylaws 21.6, 21.7 and 21.8). The membership of each committee shall include representatives from each of the Association's membership divisions, including each subdivision of Division I. The Executive Committee shall ratify the appointment of all individuals serving on Association-wide committees and shall appoint the chairs of those committees. The Executive Committee also shall ratify policies regarding length, location and expenses of Association-wide committee meetings. Association-wide committees are set forth in Bylaws 21.1.2 through 21.1.12."

B. Bylaws: Amend 21.2.1.1, pages 281-282, as follows:

"21.2.1.1 Method of Selection. Each division's governance structure shall appoint members to serve on the rules committees without championships administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair and secretary-rules editor of each committee. The secretary-rules editor may be reelected without restriction and shall be a nonvoting member of the committee. The membership of each committee shall include representatives from each of the Association's membership divisions, including each subdivision of Division I in which a substantial number of schools sponsor the sport in question."

C. Bylaws: Amend 21.3.1.1, page 283, as follows:

"21.3.1.1 Method of Selection. Each division's governance structure shall appoint members to serve on the committees with playing rules and championships administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair and secretary-rules editor of each committee. The secretary-rules editor may be reelected without restriction and shall be a nonvoting member of the committee. The membership of each committee shall include representatives from each of the Association's membership divisions, including each subdivision of Division I in which a substantial number of schools sponsor the sport in question."

D. Bylaws: Amend 21.4.1.1, page 285, as follows:

"21.4.1.1 Method of Selection. Each applicable division's governance structure shall nominate and select the members and chair of each committee, subject to the ratification of the Executive Committee."

E. Bylaws: Amend 21.5.1, page 286, as follows:

"21.5.1 Selection. Each applicable division's governance structure shall appoint members to serve on the common committees with governance administration responsibilities, subject to the ratification of the Executive Committee. The Executive Committee also shall appoint the chair. The membership of each committee shall include representatives from each of the Association's applicable membership divisions, including each subdivision of Division I.

Source: NCAA Division II Presidents Council (Management Council).

Effective date: Immediately.*

*No. 11 Committees With Only Championships Administration Responsibilities -- Women's Ice Hockey

Intent: To specify that the Women's Ice Hockey Committee shall consist of four members, including three members from Division I and one member from Division II.

(The proposed changed involves a common provision and, thus, must be approved by the Divisions I and II membership acting independently.)

Bylaws: Amend 21.3.2, page 284, as follows:

"21.3.2 Ice Hockey Committee, Women's. The Women's Ice Hockey Committee shall consist of six four members. There shall be three members from Division I, and one member from Division II and two members from Division III."

Source: NCAA Division II Presidents Council (Management Council).

Effective date: Immediately.*

*No. 12 Committees -- NCAA Initial-Eligibility Clearinghouse Committee

Intent: To eliminate the NCAA Initial-Eligibility Clearinghouse Committee.

(The proposed change involves a common provision and, thus, must be approved by the Divisions I and II membership acting independently.)

Bylaws: Amend 21.5.3, page 286, as follows:

"21.5.3 NCAA Initial-Eligibility Clearinghouse Committee

"21.5.3.1 Composition. The committee shall consist of seven members, including three members from Division I, three members from Division II, one of whom is a member of the Division II Academic Requirements Committee, and one American Association of Collegiate Registrars Officers representative. In addition, the committee shall include at least one campus compliance coordinator, one conference compliance coordinator, one faculty athletics representative, one athletics administrator and one representative from the Subcommittee on Initial-Eligibility Issues."

Source: NCAA Division II Presidents Council [Management Council (Initial-Eligibility Clearinghouse Committee)].

Effective date: Immediately.*


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