NCAA News Archive - 2003

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Division II noncontroversial legislation


Nov 24, 2003 3:26:36 PM


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 Division II 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. Once ratified, the proposals will be published in The NCAA News and submitted by the Presidents Council as legislation at the 2004 NCAA Convention.

The page numbers in the proposals refer to the 2003-04 NCAA Division II Manual. Bold type indicates new wording; italicized type indicates wording removed.

Amateurism -- Definitions and Applications -- Professional Athletics Team

Intent: To clarify that providing players other reasonable expenses incidental to participation (in addition to actual and necessary expenses) shall not cause a team to be considered professional.

Bylaws: Amend 12.02.4, pages 61-62 , as follows:

"12.02.4 Professional Athletics Team. A professional team is any organized team that:

[12.02.4-(a) unchanged.]

[12.02.4-(a)-(1) through 12.02.4-(a)-(7) unchanged.]

"(8) Facility usage; and

"(9) Entry fees; or and

"(10) Other reasonable expenses incidental to participation; or"

[12.02.4-(b) unchanged.]

Effective date: Immediately.

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

Amateurism -- Promotions of NCAA Championships, Events, Activities or Programs

Intent: To permit the NCAA (or a third party acting on behalf of the NCAA) to use a student-athlete's name or photograph in materials promoting NCAA championships or other NCAA events, activities or programs without written approval of the student-athlete or the student-athlete's athletics director.

A. Bylaws: Amend 12.5.1.1 by adding 12.5.1.1.2, pages 69-70 , as follows:

"12.5.1.1 Institutional, Charitable, Educational or Nonprofit Promotions. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional charitable, educational or nonprofit agency may use a student-athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:

[12.5.1.1-(a) through 12.5.1.1-(i) unchanged.]

[12.5.1.1.1 unchanged.]

"12.5.1.1.2 Promotions Involving NCAA Championships, Events, Activities or Programs. The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of an enrolled student-athlete to generally promote NCAA championships or other NCAA events, activities or programs."

[12.5.1.1.2 through 12.5.1.1.4 renumbered as 12.5.1.1.3 through 12.5.1.1.5, unchanged.]

B. Bylaws: Amend 12.5.1.9 , page 72 , as follows:

"12.5.1.9 Promotion of NCAA and Conference Championships. The NCAA [or third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of a student-athlete to generally promote NCAA championships. A student-athlete's name or picture may appear in a poster that promotes an NCAA championship or a conference championship, provided the poster is produced by a member institution that hosts a portion of the championship or by the NCAA or the conference."

Effective date: Immediately.

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

Awards and Benefits -- Benefits, Gifts and Services--

Permissible -- Frequent Flyer Miles

Intent: To permit student-athletes to retain frequent flyer points and/or miles earned during team travel.

Bylaws: Amend 16.12.1 by adding new 16.12.1.9 , page 173, as follows:

"16.12.1 Permissible.

[16.12.1.1 through 16.12.1.8 unchanged.]

"16.12.1.9 Frequent Flyer Miles. A student-athlete may retain frequent flyer points and/or miles earned while traveling to and from intercollegiate practice and/or competition."

Effective date: August 1, 2004.

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

Division Membership -- Multidivision
Classification -- Requesting Reclassification of a Single Sport from Division I to Division II

Intent: To establish a two-year reclassification process and for a Division II institution that desires to reclassify a single sport from Division I to Division II, as specified.

Bylaws: Amend 20.4 , page 267 , as follows:

"20.4 Multidivision Classification

"20.4.1 Multidivision -- Classification Options. A member institution may have a sport classified in a division other than the one in which it is a member only in the following circumstances:

[20.4.1.1 through 20.4.1.3 unchanged.]

"20.4.1.4 Reclassification of a Single Sport from Division I to Division II. A member institution that has a single sport classified as Division I per Bylaw 20.4.1 may petition to reclassify that single sport back to Division II.

"20.4.2 Requesting Multidivision Classification Reclassification of a Single Sport from Division I to Division II.

"20.4.2.1 Deadline for Submission of Approved Form Membership Committee Jurisdiction. When petitioning for multidivision classification, a member shall submit its request to the Association's president in a letter of notification of intent. The letter must be received in the national office (by mail or wired transmission) not later than June 1. Any letter received after that date shall be postmarked not later then May 25. Decisions made by the Membership Committee in regard to an institution's standing as a reclassified single sport are final.

"20.4.2.1.1 Authority of Management Council. The Management Council shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's standing as a reclassified single sport.

"20.4.2.2 Classification of a Sport from Division II to Division I -- Notification Requirement. When petitioning for multidivision classification in Division I, a Division II institution shall submit its request to the Division I Management Council Membership Subcommittee on a form approved by the subcommittee. The form must be received in the national office (by mail or wired transmission) not later than June 30, preceding the year in which the institution will begin complying with the applicable division or subdivision criteria. The application forms shall be accompanied by a $5,000 fee and a strategic plan that addresses the Division I philosophy statement (see Bylaw 20.9) and certification operating principles (see Bylaw 22.2). Any form received after June 30 shall be postmarked not later than June 25 When petitioning of reclassification on a single sport from Division I to Division II the institution shall submit its request to the Division II Membership Committee on a form approved by the committee. The form must be received in the national office (by mail or wired transmission) no later than June 15, preceding the year in which the institution will begin complying with the applicable division criteria.

"20.4.2.3 Compliance with Criteria Reclassification Period. If the member has met all applicable division membership criteria of this article and has complied for the two years before June 1 with all other bylaw requirements as they pertain to the sport in question, the member shall be eligible for participation in the division in that sport effective the September 1 that the institution selects as its effective date. A member reclassifying a single sport from Division I to Division II shall complete a two-year reclassifying period. At the end of the two-year period (unless an institution is required to repeat a year), a member reclassifying a single sport from Division I to Division II shall be eligible for participation in Division II in the sport effective the September 1 that the institution selects as its effective date.

"20.4.2.4 Three-Year Requirement Rules Compliance Requirements. Once the institution has been approved for multidivision classification, it shall remain classified in the division (for that sport) for a minimum of three years. A member institution reclassifying a single sport from Division I to Division II shall administer its athletics program in that sport in accordance with the Division II constitution, bylaws and other legislation of the Association for the entire two-year reclassification period.

"20.4.2.5 Annual Review. A member institution reclassifying a single sport from Division I to Division II shall provide, on an annual basis, a written report to be reviewed by the Membership Committee describing the institution's progress in meeting the application of Bylaws 12 through 16 to its reclassifying single sport.

"20.4.3 Championships Eligibility. To be eligible for the NCAA championship in the sport in the new division on the effective September 1, the institution shall comply with all championships eligibility requirements, as prescribed by Bylaw 31, and otherwise shall be eligible for participation in that championship. In addition, a member that has been approved for classification in one sport in Division I shall comply with the championships eligibility provisions of Bylaw 18.4.2.2.

"20.4.3.1 Reclassifying a Single Sport from Division I to Division II. To be eligible for the NCAA championship in the single sport in Division II on the effective September 1, the institution shall comply with all championships eligibility requirements, as prescribed by Bylaw 31, and otherwise shall be eligible for participation in that championship. In addition, a member that has been approved for reclassification of the single sport from Division I to Division II shall comply with the championships eligibility of Bylaw 18.4.2.

[20.4.3.1 renumbered as 20.4.3.2 unchanged.]

[20.4.4 unchanged.]

"20.4.4.1 Three-Year and Petition Deadline Requirements. The Executive Committee, by a two-thirds majority of its members present and voting, may grant waivers of the June 1 and September 1 deadline provisions of this section or of the three-year membership provisions of Bylaw 20.4.2.3 if it deems that unusual circumstances warrant such action."

[20.4.4.2 renumbered as 20.4.4.1 unchanged.]

Effective date: August 1, 2004.

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

Committees -- Research Committee -- Composition -- Student-Athlete Representation

Intent: To eliminate the student-athlete representation requirement on the Association-wide Research Committee.

Bylaws: Amend 21.1.7.1 , page 277 , as follows:

[Common provision, all divisions, divided vote]

"21.1.7.1 Composition. The Research Committee shall consist of 13 members, including four representatives from Division I, two each from Divisions II and III and two unallocated. In addition, three positions shall be allocated for men, three allocated for women and four unallocated. The membership of the committee shall consist of at least three athletics administrators and at least three faculty athletics representatives with appropriate research experience. One student-athlete from each division (who shall have one combined vote) shall serve as a member of the committee. The Division I student-athlete may serve on the committee up to one year after completion of his or her intercollegiate athletics eligibility. The Division II and Division III student-athlete may serve on the committee up to two years after completion of his or her athletics eligibility.

"21.1.7.1.1 Division II Student-Athlete Representation. The Division II student-athlete member of the Research Committee shall also be a member of the Division II Student-Athlete Advisory Committee."

Effective date: Immediately.

Source: NCAA Division II Presidents Council [Management Council (Student-Athlete Advisory Committee)].

Committees -- Student-Athlete Advisory Committee -- Duties

Intent: To redefine and prioritize the duties of the Student-Athlete Advisory Committee, as specified.

Bylaws: Amend 21.7.6.8.4 , page 288 , as follows:

"21.7.6.8.4 Duties. The committee shall receive information on and explanations of NCAA activities and legislation pertaining to Division II and, in consultation with the Division II Management Council, shall review and react to topics referred to it by other Division II committees and by the Division II Presidents Council and Management Council, participate in an annual summit with the Division II Management Council and participate in the Division II legislative process through involvement at the annual Convention.:

"(a) Identify issues and initiatives affecting Division II institutions;

"(b) Educate conference and campus Student-Athlete Advisory Committees;

"(c) Review and respond to issues raised by other committees;

"(d) Participate in the Division II legislative process through involvement in the annual Convention;

"(e) Distribute and collect conference grids;

"(f) Participate in an annual summit with Division II Management Council;

"(g) Represent Division II student-athletes on divisional and Association-wide committees; and

"(h) Participate in three in-person meetings per year."

Effective date: Immediately.

Source: NCAA Division II Presidents Council [Management Council (Student-Athlete Advisory Committee)].


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