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 2002-03 NCAA Division II Manual. Bold type indicates new wording; italicized type indicates wording removed.

No. 1 Awards and Benefits --
Foreign-Tours Expenses

Intent: To revise legislation relating to foreign tour expenses so all foreign tour provisions are located in Administrative Regulations.

A. Bylaws: Amend 16.8.1 by adding new 16.8.1.8, pages 170-173, as follows:

"16.8.1.8 Foreign-Tours Expenses. An institution may provide a student-athlete with expenses for participation in an institution's foreign tour in his or her sport as provided in Bylaw 30.7."

B. Bylaws: Amend 16.9, page 173, as follows:

"16.9.1 Per Diem. An institution may provide a student-athlete $20 cash per day to cover unitemized incidental expenses incurred in connection with a foreign tour in his or her particular sport. This expense allowance may be provided for each day of the tour, to a maximum of 21 days.

"16.9.2 Post-Tour Stay. An institution may not provide transportation expenses to return home for a student-athlete who remains in the foreign country after the foreign tour is completed.

"16.9.3 Passports. An institution may purchase passports for its student-athletes that are required for travel in connection with a foreign tour, and student-athletes may retain ownership of such passports. The institution also may provide student-athletes with reasonable local transportation to obtain such passports."

C. Administrative: Amend 30.7, page 291, as follows:

"30.7.9 Per Diem. An institution may provide a student-athlete $20 cash per day to cover unitemized incidental expenses incurred in connection with a foreign tour in his or her particular sport. This expense allowance may be provided for each day of the tour, to a maximum of 21 days.

"30.7.10 Post-Tour Stay. An institution may not provide transportation expenses to return home for a student-athlete who remains in the foreign country after the foreign tour is completed.

"30.7.11 Passports. An institution may purchase passports for its student-athletes that are required for travel in connection with a foreign tour, and student-athletes may retain ownership of such passports. The institution also may provide student-athletes with reasonable local transportation to obtain such passports."

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

Effective date: August 1, 2004,

No. 2 Awards and Benefits -- Academic and Other Support Services -- Field Trips

Intent: To permit an institution to finance the cost for a student-athlete to participate in a class field trip regardless of whether the field trip is listed in the institution's class catalog.

Bylaws: Amend 16.3.1, page 166, as follows:

"16.3.1 Permissible. Academic and other support services that may be financed by an institution are:

[16.3.1-(a) through 16.3.1-(g) unchanged.]

(h) Cost of a field trip, provided the field trip is required of all students in the course and the fee for such trips is specified in the institution's catalog;

[16.3.1-(i) through 16.3.1-(j) unchanged.]

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

Effective date: August 1, 2004,

No. 3 Committees -- Committee on Women's Athletics -- Composition

Intent: To require that one of the Committee on Women's Athletics' six Division I members also be a member of the Division I Management Council.

Bylaws: Amend 21.1.10.1, page 273, as follows:

"21.1.10.1 Composition. The Committee on Women's Athletics shall consist of 15 members, including six members from Division I, one of which is a member of the Division I Management Council, three members from Division II and three members from Division III. Four positions shall be allocated for men, four allocated for women and four unallocated. One student-athlete from each (who shall have one combined vote) shall serve as a member of the committee and may serve on the committee up to two years after completion of his or her intercollegiate athletics eligibility."

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

Effective date: August 1, 2004.

No. 4 Personnel -- Certification to Recruit Off Campus -- NCAA Approval

Intent: To eliminate the requirement that member conferences annually report to the NCAA national office the procedures used to certify coaches to recruit off campus.

Bylaws: Amend 11.5.1.1.2, page 59, as follows:

"11.5.1.1.2 NCAA Approval. Each member conference shall report annually to the NCAA, on a form approved by the Management Council, the procedures it uses to certify coaches to recruit off campus."

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

Effective date: Immediate.

No. 5 Playing and Practice Seasons -- National Collegiate Championship Sports

Intent: To restore the playing and practice seasons bylaws for sports with a National Collegiate championship as they appeared before the 2002 deregulation of Bylaw 17.

A. Bylaws: Amend 17.1.5.5.2 by adding new 17.1.5.5.2.1, page 185, as follows:

"17.1.5.5.2 No Class Time Missed for Competition in Nonchampionship Segment -- Team Sports. In team sports (per Bylaw 17.02.13.1) no class time shall be missed for competition, including activities associated with such competition (for example, travel and other pregame or postgame activities), conducted during the nonchampionship segment.

"17.1.5.5.2. Exception -- National Collegiate Championship. There is no missed class time restriction for competition during the nonchampionship segment in those sports for which the National Collegiate Championship is the only NCAA Championship opportunity."

B. Bylaws: Amend 17.1.9, pages 186-187, as follows:

"17.1.9 Annual Exemptions. In all sports other than emerging sports for women (per Bylaw 20.02.5) and those sports for which the National Collegiate championship is the only NCAA championship opportunity, the following may be exempted annually from an institution's maximum number of contests or dates of competition.

"17.1.9.1 Automatic Exemptions. The following are automatically exempted from an institution's maximum number of contests or dates of competition in all sports each year:

[17.1.9.1-(a) through 17.1.9.1-(m) unchanged.]

"(n) College-Am Event -- Golf. A "college-am" golf tournament, provided the event is held in conjunction with intercollegiate competition and student-athletes do not receive awards or prizes for such participation; and

"(o) USA Gymnastics and NCGA Championships. Competition in the USA Gymnastics and National College Gymnastics Association (NCGA) collegiate gymnastics championships;

"(p) American Women's College Hockey Alliance Championship. Competition in the American Women's College Hockey Alliance national championship tournament;

"(q o) United States Rowing Association Championships. Competition in the U.S. Rowing Association championships; and .

"(r) National Governing Body Championship -- Women's Water Polo. Competition in the national governing body championship for women's water polo."

C. Bylaws: Amend 17.9.5, pages 202-203, as follows:

"17.9.5 Number of Dates of Competition

"17.9.5.1 Maximum Limitations -- Institutional. A member institution shall limit its total playing schedule with outside competition in the sport of fencing during the permissible fencing playing season to 11 dates of competition, except for those dates of competition excluded under Bylaws 17.1.9 17.9.5.3, 17.9.5.4 and 17.9.5.5 (see Bylaw 20.10.3.5 for minimum contests and participants requirements).

[17.9.5.1.1 unchanged.]

[17.9.5.2 unchanged.]

"17.9.5.3 Annual Exemptions. The maximum number of dates of competition in fencing shall exclude the following:

"(a) Season-Ending Tournament.

"(1) NCAA Championship. Competition in the National Collegiate Men's and Women's Fencing Championships;

"(2) Season-Ending Tournament. Competition in one season-ending fencing tournament (for example, conference championship, regional tournament) other than an NCAA fencing championship;

"(b) NCAA Championship Play-In Competition. Competition in play-in contests conducted before NCAA championships;

"(c) Alumni Meet. One date of competition in fencing each year with an alumni team of the institution;

"(d) Foreign Team in U.S. One date of competition in fencing each year with a foreign opponent in the United States;

"(e) Hawaii or Alaska. Any dates of competition in fencing in Hawaii or Alaska, respectively, against an active member institution located in Hawaii or Alaska, by a member located outside the area in question;

"(f) Fund-Raising Activity. Any fencing activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation;

"(g) Celebrity Sports Activity. Competition involving a maximum of two student-athletes from a member institution's fencing team who participate in local celebrity fencing activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athlete(s) do not miss classes as a result of the participation;

"(2) The involvement of the student-athlete(s) has the approval of the institution's athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"(h) U.S. National Team. One date of competition against the U.S. national team as selected by the appropriate national governing body in fencing.

"17.9.5.4 Once-in-Four-Years Exemptions -- Certification Required. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.9.5.5 Once-in-Four-Years Exemptions -- Foreign Tour. An institution may exempt from its maximum contest limits all contests played on a foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.9.5.4."

D. Bylaws: Amend 17.13.5, pages 210-211 , as follows:

"17.13.5 Number of Dates of Competition.

"17.13.5.1 Maximum Limitations -- Institutional. A member institution shall limit its total playing schedule with outside competition in the sport of gymnastics during the permissible gymnastics playing season to 13 dates of competition except for the dates of competition excluded under Bylaws 17.1.9 17.13.5.3, 17.13.5.4 and 17.13.5.5 (see Bylaw 20.10.3.5 for minimum contests and participants requirements).

[17.13.5.1.1 unchanged.]

[17.13.5.2 unchanged.]

"17.13.5.3 Annual Exemptions. The maximum number of dates of competition in gymnastics shall exclude the following:

"(a) Season-Ending Tournaments.

"(1) Competition in one season-ending gymnastics tournament (that is, NCAA championship, the USA Gymnastics Championship, the National College Gymnastics Association (NCGA) College Gymnastics Championship or the Women's National Invitational Tournament) after the end of the regular season between teams that are not identified until the close of the regular season; and

"(2) Conference Championship. Competition in one conference championship meet in gymnastics; and

"(b) NCAA Championship Play-In Competition. Competition in play-in contests conducted before NCAA championships;

"(c) Alumni Meet. One date of competition in gymnastics each year against an alumni team of the institution;

"(d) Foreign Team in U.S. One date of competition in gymnastics each year with a foreign opponent in the United States;

"(e) Hawaii or Alaska. Any dates of competition in gymnastics in Hawaii or Alaska, respectively, against an active Division I member institution located in Hawaii or Alaska, by a member located outside the area in question;

"(f) Fund-Raising Activity. Any gymnastics activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation;

"(g) Celebrity Sports Activity. Competition involving a limit of two student-athletes from a member institution's gymnastics team who participate in local celebrity gymnastics activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athletes do not miss classes as a result of the participation;

"(2) The involvement of the student-athletes has the approval of the institution's athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"(h) U.S. National Team. One date of competition played against any team as selected and designated by the appropriate national governing body for gymnastics as a U.S. national team (for example, Under-21 U.S. national team).

"17.13.5.4 Once-in-Four-Years Exemptions -- Certification Required. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.13.5.5 Once-in-Four-Years Exemptions -- Foreign Tour. An institution may exempt from its maximum contest limits all contests played on a foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.13.5.4."

E. Bylaws: Amend 17.14, page 212, as follows:

"17.14 Ice Hockey. Regulations for computing the ice hockey playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. Institutions that conduct women's ice hockey shall comply with the same playing and practice season legislation that currently exists for men's ice hockey except as noted in Bylaw 17.14.5. (Also see Figures 17-1 and 17-2.)

[17.14.1 through 17.14.5 unchanged.]

"17.14.5.1 Number of Dates of Competition. A member institution shall limit its total playing schedule with outside competition during the institution's ice hockey playing season in the sport of women's ice hockey to 34 contests, except for those contests excluded under 17.14.5.3, 17.14.5.4 and 17.14.5.5 and in the sport of men's ice hockey to 32 contests (games or scrimmages), except for those contests excluded under Bylaw 17.1.9.

[17.14.5.1.1 unchanged.]

[17.14.5.2 unchanged.]

"17.14.5.3 Annual Exemptions -- Women's Ice Hockey. The maximum number of women's ice hockey contests/dates of competition shall exclude the following (see Bylaw 17.1.9 for annual exemptions in men's ice hockey):

"(a) Conference Championship. Competition in one conference championship tournament in ice hockey (or the tournament used to determine the conference's automatic entry in an NCAA ice hockey championship);

"(b) Conference Playoff. Competition involving member institutions that tie for a conference championship. Such teams may participate in a single-elimination playoff to determine the conference's automatic entry in the NCAA ice hockey championship without the game(s) being counted as a postseason tournament;

"(c) Season-Ending Tournaments. Competition in one season-ending ice hockey tournament (for example, NCAA championship, American Women's Hockey Alliance national championship, NAIA championship). A season-ending tournament involves competition after the end of the regular season between teams that are not identified until the close of that regular season;

"(1) Championships. Competition in one season-ending ice hockey tournament (for example, NCAA championship, NAIA championship). A season-ending tournament involves competition after the end of the regular season between teams that are not identified until the close of that regular season;

"(2) American Women's College Hockey Alliance Championship. Competition in the American Women's College Hockey Alliance national championship tournament.

"(d) NCAA Championship Play-In Competition. Competition in play-in contests conducted before NCAA championships;

"(e) Alumni Game. One ice hockey contest each year with an alumni team of the institution;

"(f) Foreign Team in U.S. One ice hockey contest each year with a foreign opponent in the United States;

"(g) U.S. Women's National Team. One date of competition played against any team as selected and designated by the appropriate national governing body for women's ice hockey as a U.S. national team (for example, Under-21 U.S. national team).

"(h) Hawaii, Alaska, Puerto Rico. Any dates of competition in ice hockey in Hawaii, Alaska or Puerto Rico, respectively, against any active Division I institution located in Hawaii, Alaska or Puerto Rico, by a member located outside the area in question.

"(i) Fund-Raising Activity. Any ice hockey activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation; and

"(j) Celebrity Sports Activity. Competition involving a maximum of two student-athletes from a member institution's ice hockey team who participate in local celebrity ice hockey activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athlete(s) do not miss classes as a result of the participation;

"(2) The involvement of the student-athlete(s) has the approval of the institution?s athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"17.14.5.4 Once-in-Four-Years Exemptions -- Certification Required. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.14.5.5 Once in-Four-Years Exemptions -- Foreign Tour. An institution may exempt from its maximum contest limits all contests played on a foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.14.5.4."

F. Bylaws: Amend 17.16.5, pages 215-216, as follows:

"17.16.5 Number of Dates of Competition.

"17.16.5.1 Maximum Limitations - Institutional. A member institution shall limit its total playing schedule with outside competition in the sport of rifle during the permissible rifle playing season to 13 dates of competition except for those dates of competition excluded under Bylaws 17.1.9 17.16.5.3, 17.16.5.4 and 17.16.5.5 (see Bylaw 20.10.3.5 for minimum contests and participants requirements).

[17.16.5.1.1 unchanged.]

[17.16.5.2 unchanged.]

"17.16.5.3 Annual Exemptions. The maximum number of dates of competition in rifle shall exclude the following:

"(a) Season-Ending Tournaments.

"(1) NCAA Championship. Competition in the National Collegiate Men's and Women's Rifle Championships; and

"(2) Conference Championship. Competition in one conference championship competition in rifle;

"(b) NCAA Championship Play-In Competition. Competition in play-in contests conducted before NCAA championships;

"(c) Alumni Match. One date of competition in rifle each year against an alumni team of the institution;

"(d) Foreign Team in U.S. One date of competition in rifle each year with a foreign opponent in the United States;

"(e) Hawaii or Alaska. Any dates of competition in rifle in Hawaii or Alaska, respectively, against an active member institution located in Hawaii or Alaska, by an active member located outside the area in question;

"(f) Fund-Raising Activity. Any rifle activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation;

"(g) Celebrity Sports Activity. Competition involving a limit of two student-athletes from a member institution's rifle team who participate in local celebrity rifle activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athletes do not miss classes as a result of the participation;

"(2) The involvement of the student-athletes has the approval of the institution's athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"(h) U.S. National Team. One date of competition played against any team as selected and designated by the appropriate national governing body for rifle as a U.S. national team (for example, Under-21 U.S. national team).

"17.16.5.4 Once-in-Four-Years Exemptions -- Certification Required. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.16.5.5 Once-in-Four-Years Exemptions -- Foreign Tour. An institution may exempt from its maximum contest limits all contests played on a foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.16.5.4."

G. Bylaws: Amend 17.18.5, page 219, as follows:

"17.18.5 Number of Dates of Competition.

"17.18.5.1 Maximum Limitations -- Institutional. A member institution shall limit its total playing schedule with outside competition in the sport of skiing during the permissible skiing playing season to 16 dates of competition, except for those dates of competition excluded under Bylaws 17.1.9 17.18.5.3, 17.18.5.4 and 17.18.5.5 (see Bylaw 20.10.3.5 for minimum contests and participants requirements).

[17.18.5.1.1 and 17.18.5.1.2 unchanged.]

[17.18.5.2 unchanged.]

"17.18.5.3 Annual Exemptions. The maximum number of dates of competition in skiing shall exclude the following (see Figure 17-20):

"(a) Season-Ending Tournaments.

"(1) NCAA Championship. Competition in the National Collegiate Men's and Women's Skiing Championships; and

"(2) Conference Championship. Competition in one conference championship meet in skiing;

"(b) NCAA Championship Play-In Competition. Competition in play-in contests conducted before NCAA championships;

"(c) Alumni Meet. One date of competition in skiing each year against an alumni team of the institution;

"(d) Foreign Team in U.S. One date of competition in skiing each year with a foreign opponent in the United States;

"(e) Hawaii or Alaska. Any dates of competition in skiing in Hawaii or Alaska, respectively, against an active member institution located in Hawaii or Alaska, by a member located outside the area in question;

"(f) Fund-Raising Activity. Any skiing activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation;

"(g) Celebrity Sports Activity. Competition involving a limit of two student-athletes from a member institution's ski team who participate in local celebrity skiing activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athletes do not miss classes as a result of the participation;

"(2) The involvement of the student-athletes has the approval of the institution's athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"(h) U.S. National Team. One date of competition against any team as selected and designated by the appropriate national governing body for skiing as a U.S. national team (for example, Under-21 U.S. national team).

"17.18.5.4 Once-in-Four-Years Exemptions -- Certification Required. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.18.5.5 Once-in-Four-Years Exemptions -- Foreign Tour. An institution may exempt from its maximum contest limits all contests played on a foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.18.5.4."

H. Bylaws: Amend 17.27.1.5, page 237, as follows:

"17.27.1.5 Number of Dates of Competition -- Men.

"17.27.1.5.1 Maximum Limitations -- Institutional. A member institution shall limit its total playing schedule with outside competition in the sport of men's volleyball during the institution's men's volleyball playing season to not more than 28 dates of competition during the segment in which the NCAA championship is conducted and not more than four dates of competition during another segment, except for those dates of competition excluded under Bylaws 17.1.9 17.27.1.5.3 and 17.27.1.5.4.

[17.27.1.5.1.1 unchanged.]

[17.27.1.5.2 unchanged.]

"17.27.1.5.3 Annual Exemptions -- Men. The maximum number of dates of competition in men's volleyball shall exclude the following:

"17.27.1.5.3.1 Certification Required. An institution may exempt from its maximum number of volleyball contests any event that is certified as an annual exemption by the Division I Championships/Competition Cabinet Subcommittee on Special Events pursuant to Division I Bylaw 30.10.4.

"17.27.1.5.3.2 Certification Not Required.

"(a) Conference Championship. Competition in one conference championship tournament in volleyball (or the tournament used to determine the conference's automatic entry in an NCAA volleyball championship);

"(b) Conference Playoff. Competition involving member institutions that tie for a conference volleyball championship. Such teams may participate in a single-elimination playoff to determine the conference's automatic entry in an NCAA volleyball championship without the date(s) of competition being counted as a postseason tournament;

"(c) Season-Ending Tournament. Competition in one season-ending volleyball tournament (that is, NCAA championship, NAIA championship). A season-ending tournament involves competition after the end of the regular season between teams that are not identified until the close of that regular season;

"(d) NCAA Championship Play-In Competition. Competition in play-in contests conducted before NCAA championships;

"(e) Alumni Game. One date of competition in volleyball each year against an alumni team of the institution;

"(f) Foreign Team in U.S. One date of competition in volleyball each year with a foreign opponent in the United States;

"(g) Hawaii or Alaska. Any dates of competition in volleyball in Hawaii or Alaska, respectively, against an active Division I institution located in Hawaii or Alaska, by a member located outside the area in question;

"(h) Fund-Raising Activity. Any volleyball activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation;

"(i) Celebrity Sports Activity. Competition involving a limit of two student-athletes from a member institution's volleyball team who participate in local celebrity volleyball activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athletes do not miss classes as a result of the participation;

"(2) The involvement of the student-athletes has the approval of the institution's athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"(j) U.S. National Team. One date of competition against any team as selected and designated by the appropriate national governing body for volleyball as a U.S. national team (for example, Under-21 U.S. national team).

"17.27.1.5.4 Once-in-Four-Years Exemptions -- Certification Required. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.27.1.5.5 Once-in-Four-Years Exemptions -- Certification Not Required -- Foreign Tour -- Men. An institution may exempt from its maximum contest limits all contests played on a foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.27.1.5.3.1."

I. Bylaws: Amend 17.28.5, pages 240-241, as follows:

"17.28.5. Number of Dates of Competition.

"17.28.5.1 Maximum Limitations -- Institutional. A member institution shall limit its total playing schedule with outside competition in the sport of water polo during the institution's water polo playing season to 21 dates of competition, except for those dates of competition excluded under Bylaws 17.1.9 17.28.5.3, 17.28.5.4 and 17.28.5.5.

[17.28.5.1.1 unchanged.]

[17.28.5.2 unchanged.]

"17.28.5.3 Annual Exemptions. The maximum number of dates of competition in water polo shall exclude the following:

"(a) Conference Championship -- Men and Women. Competition in one conference championship tournament in water polo (or the tournament used to determine the conference's automatic entry in the National Collegiate Men's Water Polo Championship or the tournament used to determine entry in the Women's Collegiate National Water Polo Championship or the National Collegiate Women's Water Polo Championship);

"(b) Conference Playoff -- Men and Women. Competition involving member institutions that tie for a conference water polo championship. Such teams may participate in a single-elimination playoff to determine the conference's automatic entry in the National Collegiate Men's Water Polo Championship without the game(s) being counted as a postseason tournament;

"(c) Women's Collegiate National Championship. For women's water polo, competition in the Women's Collegiate National Championship;

"(d) NCAA Championship -- Men. Competition in the National Collegiate Men's Water Polo Championship;

"(e) NCAA Championship -- Women. Competition in the Women's National Collegiate Water Polo Championship;

"(f) NCAA Championship Play-In Competition -- Men. Competition in play-in contests conducted before NCAA championship;

"(g) Alumni Game -- Men and Women. One date of competition in water polo each year against an alumni team of the institution;

"(h) Foreign Team in U.S. -- Men and Women. One date of competition in water polo each year with a foreign opponent in the United States;

"(i) Hawaii, Alaska, Puerto Rico -- Men and Women. For men's and women's water polo, any dates of competition in Hawaii, Alaska or Puerto Rico, respectively, against an active member institution located in Hawaii, Alaska or Puerto Rico by a member located outside the area in question;

"(j) Fund-Raising Activity -- Men and Women. Any water polo activities in which student-athletes from more than one of the institution's athletics teams participate with and against alumni and friends of the institution, the purpose of which is to raise funds for the benefit of the institution's athletics or other programs, provided the student-athletes do not miss classes as a result of their participation;

"(k) Celebrity Sports Activity -- Men and Women. Competition involving a limit of two student-athletes from a member institution's water polo team who participate in local celebrity water polo activities conducted for the purpose of raising funds for charitable organizations, provided:

"(1) The student-athletes do not miss classes as a result of the participation;

"(2) The involvement of the student-athletes has the approval of the institution's athletics director; and

"(3) The activity takes place within a 30-mile radius of the institution's main campus.

"(l) U.S. National Team -- Men and Women. One date of competition against any team as selected and designated by the appropriate national governing body for water polo as a U.S. national team (for example, Under-21 U.S. national team).

"17.28.5.4. Once-in-Four-Years Exemptions -- Certification Required - Men and Women. An institution may exempt not more than one of the certified once-in-four-years exemptions from its maximum number of contests during any academic year and may not repeat participation in that event within a four-year period. The contest must be certified by the Division I Championships/Competition Cabinet pursuant to Division I Bylaw 30.10.4.

"17.28.5.5 Once-in-Four-Years Exemptions -- Certification Not Required -- Men and Women -- Foreign Tour. An institution may exempt the contests played on a foreign tour, provided the tour is conducted by the member institution in accordance with the procedures set forth in Bylaw 30.7 (also see Bylaw 17.31). An institution may not use this exemption in the same year that it uses an exemption set forth in Bylaw 17.28.5.4."

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

Effective date: Immediately.

No. 6 Financial Aid -- Financial Aid from Outside Sources -- Prepaid College Tuition Plans

Bylaws: Amend 15.2.5.1 by adding new 15.2.5.1.1, page 151, as follows:

"15.2.5.1 Parents and Legal Guardians. A student-athlete may receive financial aid from anyone on whom the student-athlete is naturally or legally dependent.

"15.2.5.1.1 Prepaid College Tuition Plans. Tuition funds from a state sponsored or private prepaid college tuition plan, purchased by an immediate family member or legal guardian and paid to an institution on behalf of a student-athlete, are considered to be aid from a parent or legal guardian (see Bylaw 15.2.5.1)."

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

Effective date: Immediately.

No. 7 Playing and Practice Seasons -- Football -- Preseason Conditioning

Intent: To allow a medical evaluation to satisfy the medical examination requirement set forth in 2003 NCAA Convention Proposal No. 29.

Bylaws: Amend 17.11.2.2, page 206, as follows:

"17.11.2.2 Activities Before First Practice Date. Before participation in any preseason activities, all prospects and student-athletes shall be required to undergo a medical examination or evaluation administered or supervised by a physician."

Source: NCAA Division II Presidents Council [Management Council (Football Issues Project Team)].

Effective date: August 1, 2003.

No. 8 Satisfactory-Progress Requirements -- Fulfillment of Minimum Grade-Point Average Requirements

Intent: To specify that the minimum grade-point average requirements shall be determined by the student-athlete's academic record in existence at the beginning of the fall term or at the beginning of any other regular term of that academic year.

Bylaws: Amend 14.4.3.2, page 124, as follows:

"14.4.3.2 Fulfillment of Minimum Grade-Point Average Requirements. A student-athlete shall meet the "satisfactory completion" provision of this requirement by maintaining a grade-point average that places the individual in good academic standing, as established by the institution for all students who are at an equivalent stage of progress toward a degree. To fulfill the "satisfactory completion" provision of this requirement, a student-athlete who first enters a Division II institution after the 1988-89 academic year must achieve the following cumulative minimum grade-point average (based on a maximum of 4.000) at the beginning of the fall term or at the beginning of any other regular term of that academic year, based on:"

[14.4.3.2-(a) through 14.4.3.2-(d) unchanged.]

Source: NCAA Division II Presidents Council [Management Council].

Effective date: August 1, 2004.

No. 9 Women's Rowing -- Sunday Championship Start Time

Intent: To specify that in instances where the final day of the women's rowing championship occurs on a Sunday, competition may begin before noon.

Administrative: Amend 31.1.4.4 by adding new 31.1.4.4.2, page 299, as follows:

"31.1.4.4 Noon Start Time. NCAA competition conducted on Sunday may not begin before noon, local time.

[31.1.4.4.1 unchanged.]

"31.1.4.4.2 Exception -- Women's Rowing Championship. In instances where the final day of the women's rowing championship occurs on a Sunday, competition may begin before noon."

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

Effective date: Immediately.

No. 10 Enforcement -- Committee on Infractions and Enforcement Procedures

Intent: To amend the Committee on Infractions and Enforcement Procedures, as specified.

A. Bylaws: Amend 19, pages 251-258, as follows:

"19.01 General Principles.

[19.01.1 through 19.01.5 unchanged.]

"19.02 Definitions and Applications.

"19.02.1 Show-Cause Order. A show-cause order is one that requires a member institution to demonstrate to the satisfaction of the Committee on Infractions (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) why it should not be subject to a penalty (or additional penalty) for not taking appropriate disciplinary or corrective action against an institutional staff member or representative of the institution's athletics interests identified by the committee as having been involved in a violation of NCAA regulations that has been found by the committee.

[19.02.2 unchanged.]

[19.02.2.1 and 19.02.2.2 unchanged.]

[19.02.3 unchanged.]

"19.1 Committee On Infractions. The Management Council shall appoint a Committee on Infractions, which shall be responsible for administration of the NCAA enforcement program.

[19.1.1 unchanged.]

[19.1.1.1 through 19.1.1.4 unchanged.]

"19.1.2 Authority of Committee. Disciplinary or corrective actions other than suspension or termination of membership may be effected during the period between the Division II business session of the annual Convention by members of the Committee on Infractions present and voting at any duly called meeting, provided the call of such a meeting shall have contained notice of the situation presenting the disciplinary problem. Actions of the committee in cases involving major violations, however, shall be subject to review by the Division II Management Council Infractions Appeals Committee per Bylaw 19.32, on appeal.

"19.1.2.1 Authority of Vice President for Enforcement and Student-Athlete Reinstatement. Upon review of information developed by the enforcement staff or self-reported by the member institution, the vice-president for enforcement services shall identify the charges as involving alleged major or secondary violations, or repeated multiple secondary violations that should be viewed as a major violation, subject to approval by the chair or another member of the Committee on Infractions designated by the chair. Disciplinary or corrective actions in the case of secondary violations may be effected by the vice-president for enforcement services, subject to approval by the chair or another member of the Committee on Infractions designated by the chair. Said actions shall be taken in accordance with the provisions of the enforcement policies and procedures and shall be subject to review by the committee upon appeal.

[19.1.2.2 unchanged.]

"19.1.2.3 Authority of Management Council Infractions Appeals Committee. The Management Council Infractions Appeals Committee per Bylaw 19.32 shall hear and act on an institution's or an involved individual's appeal of the findings and/or penalties of major violations by the committee.

"19.1.3 Duties of Committee. The duties of the committee shall:

[19.1.3-(a) through 19.1.3-(c) unchanged.]

"(d) Refer consideration of a case or any portion of a case involving disputed facts to a hearing officer;

[19.1.3-(e) and 19.1.3-(f) renumbered as 19.1.3-(d) and 19.1.3-(e) unchanged.]

"19.2 Independent Hearing Officers.

"19.2.1 Appointment and Duties. The Management Council shall appoint hearing officers who, pursuant to the hearing process in major infractions cases (see Bylaw 32.7), shall be responsible for reviewing disputed facts concerning one or more alleged violations and present findings of fact to the Committee on Infractions and the parties who participate in the hearing before the hearing officer.

"19.2.2 Decision to Utilize Hearing Officer. The Committee on Infractions has the sole discretion to determine whether to utilize a hearing officer in the infractions process. The committee may exercise this discretion only when one or more of the following factors are present:

"(a) The committee determines that discussion before the committee would be protracted and counterproductive to the committee's efficient consideration of the case;

"(b) The committee determines that use of a hearing officer would be an aid in resolving facts that were in dispute before the committee's consideration of the case; or

"(c) The institution or an individual identified in Bylaw 32.5.6 or 32.5.7 requests the use of a hearing officer to consider the facts in dispute, and the committee determines that the use of a hearing officer would be in the best interests of fact finding.

[19.3 renumbered as 19.2 unchanged.]

[19.3.1 renumbered as 19.2.1 unchanged.]

[19.4 renumbered as 19.3 unchanged.]

[19.4.1 renumbered as 19.3.1 unchanged.]

[19.4.1.1 renumbered as 19.3.1.1 unchanged.]

"19.43.1.2 Review by Convention Management Council. Policies and procedures established by the Committee on Infractions, per Bylaw 19.43.1, are subject to review and approval in accordance with the legislative process.

"19.43.2 Amendment by Convention to Enforcement Procedures. The enforcement policies and procedures set forth in Bylaw 32 may be amended in accordance with the legislative process.

[19.5 renumbered as 19.4 unchanged.]

"19.54.1 For Major Violations. A member under investigation for major violations shall be given the following:

[19.5.1-(a) renumbered as 19.4.1-(a) unchanged.]

"(b) An opportunity to appear before the Committee on Infractions (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) to answer such charges by the production of evidence (see Bylaw 19.7.2).

[19.5.2 renumbered as 19.4.2 unchanged.]

"19.54.3 New Findings. If When an member institution and involved individual appears before the committee to discuss its a response to the official inquiry notice of allegations, the hearing shall be directed toward the general scope of the official inquiry notice of allegations but shall not preclude the committee from finding any violation resulting from information developed or discussed during the hearing.

[19.6 renumbered as 19.5 unchanged.]

[19.6.1 and 19.6.2 renumbered as 19.5.1 and 19.5.2 unchanged.]

[19.6.2.1 renumbered as 19.5.2.1 unchanged.]

"19.65.2.2 Disciplinary Measures. In addition to those penalties prescribed for secondary violations, among the disciplinary measures, singly or in combination, that may be adopted by the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) and imposed against an institution for major violations are:

[19.6.2.2-(a) through 19.6.2.2-(j) renumbered as 19.5.2.2-(a) through 19.6.2.2-(j) unchanged.]

"(l) Requirement that a member institution that has been found in violation, or that has an athletics department staff member who has been found in violation of the provisions of NCAA legislation while representing another institution, show cause why:

"(k) A penalty or an additional penalty should not be imposed if, in the opinion of the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32), it does not take appropriate disciplinary or corrective action against athletics department personnel involved in the infractions case, any other institutional employee if the circumstances warrant or representatives of the institution's athletics interests; or

"(2) A recommendation should not be made to the membership that the institution's membership in the Association be suspended or terminated if, in the opinion of the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32), it does not take appropriate disciplinary or corrective action against the head coach of the sport involved, any other institutional employee if the circumstances warrant or representatives of the institution's athletics interests.

"(3) "Appropriate disciplinary or corrective action" as specified in subparagraphs (1) and (2) above may include, for example, termination of the coaching contract of the head coach and any assistants involved; suspension or termination of the employment status of any other institutional employee who may be involved; severance of relations with any representative of the institution's athletics interests who may be involved; the debarment of the head or assistant coach from any coaching, recruiting or speaking engagements for a specified period; and the prohibition of all recruiting in a specified sport for a specified period.

"(4) The nature and extent of such action shall be the determination of the institution after due notice and hearing to the individuals concerned, but the determination of whether or not the action is appropriate in the fulfillment of NCAA policies and principles, and its resulting effect on any institutional penalty, shall be solely that of the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32).

"(5) Where this requirement is made, the institution shall show cause or, in the alternative, shall show the appropriate disciplinary or corrective action taken, in writing, to the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) within 15 days thereafter. The committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) may, without further hearing, determine on the basis of such writing whether or not in its opinion appropriate disciplinary or corrective action has been taken and may impose a penalty or additional penalty; take no further action, or, by notice to the institution, conduct a further hearing at a later date before making a final determination.

[19.6.2.2.1 renumbered as 19.5.2.2.1 unchanged.]

[19.6.2.3 renumbered as 19.5.2.3 unchanged.]

[19.6.2.3.1 renumbered as 19.5.2.3.1 unchanged.]

"19.65.2.4.1 Conditions of Probation. The committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) may identify possible conditions that an institution must satisfy during a probationary period. Such conditions shall be designed on a case-by-case basis to focus on the institution's administrative weaknesses detected in the case and shall include, but not be limited to, written reports from the institution pertaining to areas of concern to the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.3), in-person reviews of the institution's athletics policies and practices by the NCAA administrator for the Committee on Infractions, implementation of educational or deterrent programs, and audits for specific programs or teams. If the institution fails to satisfy such conditions, the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) may reconsider the penalties in the case and may extend the probationary period and/or impose additional sanctions.

[19.6.2.4.2 renumbered as 19.5.2.4.2 unchanged.]

[19.6.2.5 through 19.6.2.8 renumbered as 19.5.2.5 through 19.5.2.8 unchanged.]

[19.6.3 renumbered as 19.5.3 unchanged.]

[19.7 renumbered as 19.6 unchanged.]

[19.7.1 renumbered as 19.6.1 unchanged.]

"19.76.2 Appeal of Major Violations. A member shall have the right to give written notice of appeal of the committee's findings of major violations (subject to Bylaw 32.10.2), the penalty, or both to the appropriate Infractions aAppeals cCommittee per Bylaw 19.32.

"19.76.3 Appeal by an Institutional Staff Member. If any current or former institutional staff member participates in a hearing (either in person or through written presentation) before the Committee on Infractions and is involved in a finding of a violation against that individual, the individual shall be given the opportunity to appeal any of the findings in question (subject to the conditions of Bylaw 32.10.2) or the committee's decision to issue a show-cause order to the appropriate Infractions aAppeals cCommittee per Bylaw 19.3. Under such circumstances, the individual and personal legal counsel may appear before the appeals committee at the time it considers the pertinent findings.

[19.7.4 renumbered as 19.6.4 unchanged.]

"19.76.4.1 Obligation of Institution to Take Appropriate Action. When the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32) finds that there has been a violation of the constitution or bylaws affecting the eligibility of an individual student-athlete or student-athletes, the institution involved and its conference(s), if any, shall be notified of the violation and the name(s) of the student-athlete(s) involved, it being understood that if the institution fails to take appropriate action, the involved institution shall be cited to show cause under the Association's regular enforcement procedures why it should not be disciplined for failure to do so a failure to abide by the conditions and obligations of membership (declaration of ineligibility) if it permits the student-athletes to compete."

[19.8 renumbered as 19.7 unchanged.]

B. Administrative: Amend 32, pages 321-334, as follows:

"32 Enforcement Policies and Procedures.

"32.1 Committee on Infractions and Hearing Officer -- Special Operating Rules

"32.1.1 Confidentiality. The Committee on Infractions, the appropriate Infractions aAppeals cCommittee per Bylaw 19.32, hearing officers and the enforcement staff shall treat all cases before them as confidential until the same they have been announced in accordance with the prescribed procedures.

"32.1.2 Public Announcements. The enforcement staff shall not confirm or deny the existence of an infractions case prior to complete resolution of the case through normal NCAA enforcement procedures. However, if the involved institution makes a public announcement concerning a case, the enforcement staff may confirm the information made public by the institution and may correct erroneous or incomplete information about the investigation that has been made public by the institution or an involved individual.

"32.1.3 Conflict of Interest. Any member of the Committee on Infractions or the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 or a hearing officer who is directly connected with an institution under inquiry shall not take part in any NCAA proceedings connected with the case. In addition, Committee on Infractions members, members of the appropriate appeals committee per Bylaw 19.3 or hearing officers with personal relationships or institutional affiliations that reasonably would result in the appearance of prejudice should refrain from participating in any manner in the processing of the involved institution's or individual's infractions case shall neither appear at the hearing nor participate on the committee when the member is directly connected with an institution under investigation or has a personal, professional or institutional affiliation that reasonably would result in the appearance of prejudice. It is the responsibility of the committee member, or members of the appropriate Infractions aAppeals cCommittee per Bylaw 19.32 or a hearing officer to remove himself or herself if a conflict exists. Objections to the participation of a committee member or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32 should be raised as soon as recognized, but will not be considered unless raised at least one week in advance of the affected hearing.

[32.1.4 unchanged.]

"32.1.5 Definition of Involved Individual. Involved individuals are former or current student-athletes and former or current institutional staff members who have received notice of their involvement in alleged violations through a notice of allegations and have been asked to respond in writing to the allegations and appear in person to discuss their involvement in a hearing before the NCAA Division II Committee on Infractions.

"32.2 Preliminary Review of Information

"32.2.1 Submission of Allegations Enforcement Staff to Receive Complaints and Conduct Investigations. All allegations and complaints relative to a member failure to maintain the academic or athletics standards required for membership, the member's violation of the legislation or regulations of the Association, or the member's failure otherwise to meet the conditions and obligations of membership shall be received by the committee, or the Association's president and channeled to the NCAA enforcement staff. It is the responsibility of the NCAA enforcement staff to conduct investigations relative to a member institution's failure to comply with NCAA legislation or to meet the conditions and obligations of membership. Information that an institution failed to meet these obligations shall be provided to the enforcement staff and, if received by the committee or Association's president, will be channeled to the enforcement staff.

"32.2.1.1 Staff Initiation of Investigation. The enforcement staff may initiate an investigation on its own motion when it receives information has reasonable cause to believe that an member institution is or has been in violation of its obligations as a member of the Association NCAA legislation.

[32.2.1.2 unchanged.]

[32.2.2 unchanged.]

[32.2.2.1 unchanged.]

"32.2.2.1.1 Basic Information Gathering. The enforcement staff has a responsibility to engage in gather basic information gathering regarding possible violations and, in doing so, may contact individuals to solicit information concerning possible violations. If substantial information concerning indicating a potential NCAA violation believed to be from reliable sources is developed, the procedures provided in Bylaw 32.2.2.3 (Preliminary Inquiry) 32.5 (Notice of Inquiry) are undertaken.

"32.2.2.1.2 Identification of Major/Secondary Violation. The enforcement staff shall identify information developed by it or self-reported by the member institution as alleged major or secondary violations (as defined in Bylaw 19.02.2).

"32.2.2.1.23 Matters Handled by Correspondence. Matters that clearly are isolated and of relative insignificance secondary in nature should be handled promptly by correspondence with the involved institution.

"32.2.2.1.3 Investigation Decision. When information has been obtained indicating that a violation has occurred and that the violation appears to indicate intentional wrongdoing, a significant competitive advantage, or that false or misleading information has been reported to the involved institution or to the NCAA, the matter may be assigned to an enforcement representative for investigation.

"32.2.2.1.4 Timely Process. The enforcement staff shall make reasonable efforts to process infractions matters in a timely manner.

"32.2.2.1.5 Consultation with Committee. If questions arise concerning investigative procedures during the course of an investigation, the chair (or the full committee, if necessary) may be consulted by the enforcement staff.

"32.2.2.2 Identification of Major/Secondary Violation. Upon review of information developed by the enforcement staff or self-reported by the member institution, the enforcement staff shall identify the charges as involving alleged major or secondary violations (as defined in Bylaw 19.02.2), subject to approval by the chair or another member of the Committee on Infractions designated by the chair.

"32.2.2.3 Preliminary Inquiry. The enforcement staff, so far as practicable, shall make a thorough investigation of all charges that are received from responsible sources and that are reasonably substantial. The enforcement staff may conduct a preliminary inquiry for a reasonable period of time to determine whether there is adequate evidence to warrant an official inquiry; and in conducting this inquiry, the services of an enforcement representative may be used.

"32.2.2.4 Notice to Institution. The enforcement staff shall submit a letter to the chief executive officer to notify a member institution of preliminary inquiries into its athletics policies and practices when information has been developed to indicate that violations of the Association's governing legislation may have occurred that will require further in-person investigation. Such a letter shall advise the chief executive officer that the enforcement staff will be undertaking a preliminary investigation, that the investigation will be conducted under the direction of the vice-president for enforcement services and that members of the enforcement staff wish to meet with the chief executive officer to discuss the nature of the investigation and to deliver a more complete notice of preliminary inquiry in person. The notice shall state that in the event the allegations appear to be of a substantial nature, an official inquiry may be filed in accordance with the provisions of Bylaw 32.5 or, in the alternative, the institution will be notified that the matter has been closed. Whenever possible, the notice also shall contain the following information regarding the nature of the potential violations:

"(a) The involved sport;

"(b) The approximate time period during which the alleged violations occurred;

"(c) The identity of involved individuals;

"(d) An approximate time frame for the investigation;

"(e) A statement indicating that the institution and involved individuals may be represented by legal counsel at all stages of the proceedings;

"(f) A statement requesting that individuals associated with the institution not discuss the case prior to interviews by the enforcement staff and institution except for reasonable campus communications not intended to impede the investigation of the allegations and except for consultation with legal counsel;

"(g) A statement indicating that other facts may be developed during the course of the investigation that may relate to additional violations; and

"(h) A statement regarding the obligation of the institution to cooperate in the case.

"32.2.2.4.1 Status Notification within Six Months. During the period of the preliminary inquiry, the enforcement staff shall inform the involved institution of the general status of the inquiry not later than six months after the institution's chief executive officer receives the notice of preliminary inquiry from the enforcement staff representatives.

"32.2.2.4.2 Review after One Year. If the inquiry has not been processed to conclusion within one year of the date that the institution's chief executive officer receives the notice of preliminary inquiry from enforcement staff representatives, the enforcement staff shall review the status of the case with the Committee on Infractions. The committee shall determine whether further investigation is warranted, and its decision shall be forwarded to the involved institution in writing. If the investigation is continued, additional status reports shall be provided to the institution in writing at least every six months thereafter, until the matter is concluded.

[32.2.2.5 renumbered as 32.2.2.2 unchanged]

"32.3 Investigative Procedures.

[32.3.1 unchanged.]

"32.3.1.1 Consultation with Committee. If questions arise concerning investigative procedures during the course of an investigation, the chair (or the full committee, if necessary) may be consulted by the enforcement staff.

"32.3.2 Coordination with Member Conference. The enforcement staff shall attempt to coordinate the processing of infractions cases with the involved member conference unless it would hinder the development of the NCAA investigation to do so. Timely Process. The enforcement staff shall make reasonable efforts to process infractions matters in a timely manner.

"32.3.3 Conflict of Interest. Any enforcement staff member who has or had a personal relationship or institutional affiliation that reasonably would result in the appearance of prejudice should refrain from participating in any manner in the processing of the involved institution's or individual's infractions case.

"32.3.34 Interviews with Member Institution. The athletics director or other appropriate official of an institution shall be contacted by the enforcement staff in order to schedule interviews on the institution's campus with enrolled student-athletes or with, coaching staff members or other institutional staff member with athletically related responsibilities or oversight who are involved in possible violations at the institution.

"32.3.34.1 Presence of Institutional Representative during Interview. If an interview with an enrolled student-athlete or athletics department staff member is conducted on the campus of a member institution, an institutional representative(s) (as designated by the institution) will be permitted to be present during the interview, provided the subject matter to be discussed in the interview relates directly to the individual's institution or could affect the individual's eligibility or employment at the institution. If the investigator wishes to discuss information with a student-athlete or staff member that is related solely to institutions other than the one in which the student-athlete is enrolled or staff member is employed and that would not reasonably affect the student's eligibility or the staff member's employment, the institutional representative shall not be present during that portion of the interview. In such a situation (after the institutional representative has departed), any information inadvertently reported by the student-athlete or the staff member that is related to his or her own institution shall not be utilized against the student-athlete staff member or that institution.

"32.3.34.2 Conflict with Academic Schedule. If possible, such interviews should be conducted without disrupting the normally scheduled academic activities of the student-athlete.

[32.3.4 and 32.3.5 renumbered as 32.3.5 and 32.3.6 unchanged.]

"32.3.67 Disclosure of Purpose of Interview. When an enforcement representative requests information that could be detrimental to the interests of the student-athlete or institutional employee being interviewed, that individual shall be advised that the purpose of the interview is to determine whether the individual has been involved directly or indirectly in any violation of NCAA legislation. Before alleging that an interview arranged or initiated by the enforcement staff, a student-athlete or staff member has violated NCAA ethical-conduct legislation,the individual shall be advised that if the individual has violated the NCAA's ethical conduct legislation such an allegation may be forthcoming based upon the individual's:

"(a) Involvement in violations;

"(b) Refusal to furnish information relevant to investigation of a possible violation when requested by the NCAA or by the institution; or

"(c) Provision of false or misleading information to the NCAA, conference or institution concerning the individual's knowledge of or involvement in a violation.

"32.3.78 Limited Immunity. At the request of the enforcement staff, the committee may grant limited immunity to a student-athlete who provides information when such individual otherwise might be declared ineligible for intercollegiate competition based on the information that he or she reports and an institutional employee with responsibilities related to athletics when such an individual otherwise would be subject to disciplinary action as described in Bylaws 19.6.1-(c) and 19.6.2.2-(l) based on the information that individual reports. Such immunity shall not apply to the individual's involvement in violations of NCAA regulations not reported or to future involvement in violations of NCAA legislation by the individual or to any actions that an institution imposes. In any case, such immunity shall not be granted unless the individual voluntarily provides information not otherwise available to the enforcement staff when no previous information has been developed that would jeopardize the individual The granting of limited immunity does not exempt an individual from any action that an institution imposes.

[32.3.8 renumbered as 32.3.9 unchanged.]

[32.3.8.1 renumbered as 32.3.9.1 unchanged.]

"32.3.89.1.1 Access to Tape Recordings. Both the enforcement staff and the individual being interviewed may record the interview or the individual may receive a copy of the recording at minimal cost, subject to the confidentiality provisions of 32.3.8.3 Bylaw 32.3.9.2. Copies of recorded interview summaries and any report prepared by the enforcement staff are confidential and shall not be provided to individuals (and their institutions) who may be involved in reporting information during the processing of an infractions case except as set forth in 32.3.9 and 32.5.4 Bylaw 32.6.4.

[32.3.8.1.2 renumbered as 32.3.9.1.2 unchanged.]

"32.3.9.1.3 Use of Court Reporters. Institutional representatives or individuals being interviewed may use a court reporter to transcribe and interview subject to the following conditions. The institution or individual shall:

"(a) Pay the court reporter's fees;

"(b) Provide a copy of the transcript to the enforcement staff at no charge; and

"(c) Agree that the confidentiality standards of Bylaw 32.3.9.1.4 apply.

"An institutional representative or individual who chooses to utilize a court reporter shall submit a written notice of agreement with the required conditions to the enforcement staff before the interview on a form approved by the Committee on Infractions. If the enforcement staff chooses to use a court reporter, the NCAA will pay all costs of the reporter. A copy of the transcript prepared by the court reporter for the enforcement staff shall be made available to the institution and the involved individuals.

"32.3.9.1.4 Statement of Confidentiality. Individuals and institutional representatives shall be required to agree not to release tape recordings or interview transcripts to a third party. A statement of confidentiality shall be signed or recorded prior to an interview. Failure to enter into such an agreement would preclude the individual or institutional representative from recording or transcribing the interview.

"32.3.89.2 Non-Recorded Interviews. When an interview is not tape-recorded or in circumstances when the recording device malfunctioned, the enforcement staff shall prepare a memorandum summarizing the interview written summary of the information and attempt to obtain a signed affirmation of its accuracy from the interviewee. The interviewee shall be permitted to make additions or corrections to the memorandum before affirming its accuracy. However, Ttestimony as to the substance of an unrecorded interview for which a signed affirmation was not obtained may nevertheless be considered by an Infractions Committee to the extent the committee determines the testimony to be reliable.

32.3.89.2.1 Confidentiality of Non-Recorded Interview Documents. Copies of non-recorded interview summaries and any report prepared by the enforcement staff are confidential and shall not be provided to individuals (or their institutions) who may be involved in reporting information during the processing of an infractions case except as set forth in 32.3.9 and 32.5.4 Bylaws 32.3.10 and 32.6.4.

"32.3.89.3 Individuals and institutional representatives shall be required to agree not to release tape recordings or interview transcripts to a third party. A statement of confidentiality shall be signed or recorded prior to an interview. Failure to enter into such an agreement would preclude the individual or institutional representative from recording or transcribing the interview.

"32.3.89.4 Handwritten Notes. It shall be permissible for all individuals involved in interviews conducted by the enforcement staff to take handwritten notes of the proceedings.

"32.3.8.5 Use of Court Reporters. Institutional representatives or individuals being interviewed may use a court reporter to transcribe and interview subject to the following conditions. The institution or individual shall:

"(a) Pay the court reporter's fees;

"(b) Provide a copy of the transcript to the enforcement staff at no charge; and

"(c) Agree that the confidentiality standards of Bylaw 32.3.8.2.2 apply.

"An institutional representative or individual who chooses to utilize a court reporter shall submit a written notice of agreement with the required conditions to the enforcement staff before the interview on a form approved by the Committee on Infractions. If the enforcement staff chooses to use a court reporter, the NCAA will pay all costs of the reporter. A copy of the transcript prepared by the court reporter for the enforcement staff shall be made available to the institution and the affected involved individuals at the NCAA offices or at a custodial site as provided for in Bylaw 32.5.4.

"32.3.910 Enforcement Staff's Responsibility to Maintain a Case File and Access to Information to be Used in Presentation of Case. Copies of tape-recorded interviews, documents, including copies of nonrecorded interviews all interview summaries and/or interview transcripts and other evidentiary information pertinent to an infractions case, shall be retained on file at the national office. Information to be used in the presentation of a case by the enforcement staff may be reviewed in the national office or at the site of a custodial agent in accordance with the provisions of 32.5.4 Bylaw 32.6.4.

[32.3.10 through 32.3.11 renumber as 32.3.11 through 32.3.12 unchanged.]

"32.3.1213 Failure to Cooperate. In the event that a representative of a member institution refuses to submit relevant information to the committee or the enforcement staff upon request, an official notice of inquiry may be filed with the institution alleging a violation of the cooperative principles of the NCAA bylaws and enforcement procedures. Institutional representatives and the involved individual may be requested to appear before the committee at the time the allegation is considered.

"32.3.13 Termination of Investigation. The enforcement staff shall terminate the investigation related to any preliminary inquiry in which information is developed that does not appear to be of sufficient substance or reliability to warrant an official inquiry, it being understood that the committee shall review each such decision.

"32.3.14 Authorization of Meeting with Chief Executive Officer. The committee may authorize an The enforcement staff member to may meet personally with the chief executive officer or a designated representative of the involved institution to discuss the allegations investigated and information developed by the NCAA in a case that has been terminated.

"32.4 Processing Information for Secondary Violations.

"32.4.1 Review of Institution or Conference Actions or Penalties in Secondary Cases. If the Committee on Infractions or the enforcement staff, after review of institutional or conference actions taken in connection with a rules infraction in secondary cases, concludes that the corrective or punitive actions measures taken by the institution or conference is representative of and consistent with NCAA policies and principles subject to approval by the chair or another member of the Committee on Infractions designated by the chair, may exercise the discretion to are sufficient, the committee or the enforcement staff, may accept the self-imposed measures and take no further action. Failure to fully implement the self-imposed measures may subject the institution to further disciplinary action by the NCAA.

"32.4.1.1 Sufficient Actions. Institutional or conference actions that are accepted by the NCAA is sufficient in secondary cases will be announced in the NCAA News in summary fashion only. If the NCAA adopts (rather than accepts), a penalty and reserves jurisdiction to ensure that the actions are implemented fully, such adopted penalties will be publicly announced.

"32.4.1.21 Insufficient Actions. If the institutional or conference actions appear to be insufficient, the enforcement staff shall notify the institution of the proposed additional penalties in a secondary case. (after review with a committee member) or shall process as a major case.

"32.4.2 Action Taken by Enforcement Staff (Not Institution or Conference). If the enforcement staff, after consideration of reviewing the information that has been developed and after consulting with the member institution involved, determines that a secondary violation has occurred, the enforcement staff, upon approval by the chair or another member of the Committee on Infractions designated by chair, may determine that no penalty is warranted or if appropriate, require one or more of the alternatives set forth in NCAA Bylaw 19.6.1 impose an appropriate penalty (see Bylaw 19.6.1).

"32.4.2.1 Report to Committee. Any action taken by the enforcement staff, upon approval by the chair or another member of the Committee on Infractions designated by the chair, either not to impose a penalty when a violation has occurred or to take disciplinary action that is not appealed by the institution, will be reported to the Committee on Infractions.

"32.4.2.2 Publication in The NCAA News. Such disciplinary or corrective actions taken by the enforcement staff or by the Committee on Infractions in cases involving secondary violations shall be published in The NCAA News.

"32.5 Notice of Inquiry.

"32.5.1 Notice to Institution. If the enforcement staff has developed reasonably reliable information indicating that an institution has been in violations of the Association's governing legislation that requires further in-person investigation, the enforcement staff shall provide a notice of inquiry in writing to the chief executive officer. Such notification shall advise the chief executive officer that the enforcement staff will engage in an investigation, that the investigation will be conducted under the direction of the vice-president for enforcement services and that members of the enforcement staff if requested, shall meet in person with the chief executive officer to discuss the nature and details of the investigation, and the type of charges that appear to be involved. The notice of inquiry shall state that if the investigation develops significant information of a possible major violation, notice of allegations will be produced in accordance with the provisions of Bylaw 32.6, or, in the alternative, the institution will be notified that the matter has been concluded. To the extent possible, the notice also shall contain the following information:

"(a) The involved sport;

"(b) The approximate time period during which the alleged violations occurred;

"(c) The identity of involved individuals;

"(d) An approximate time frame for the investigation;

"(e) A statement indicating that the institution and involved individuals may be represented by legal counsel at all stages of the proceedings;

"(f) A statement requesting that the individuals associated with the institution not discuss the case prior to interviews by the enforcement staff and institution except for reasonable campus communications not intended to impede the investigation of the allegations and except for consultation with legal counsel;

"(g) A statement indicating that other facts may be developed during the course of the investigation that may relate to additional violations; and

"(h) A statement regarding the obligation of the institution to cooperate in the case.

"32.5.1.1 Status Notification within Six Months. The enforcement staff shall inform the involved institution of the general status of the inquiry within six months of the date after the chief executive officer receives the notice of inquiry from the enforcement staff.

"32.5.1.2 Review after One Year. If the inquiry has not been processed to conclusion within one year of the date that the chief executive officer receives the notice of inquiry from the enforcement staff, the staff shall review the status of the case with the Committee on Infractions. The committee shall determine whether further investigation is warranted, and its decision shall be forwarded to the involved institution in writing. If the investigation is continued, additional status reports shall be provided to the institution in writing at least every six months thereafter, until the matter is concluded.

"32.5.2 Termination of Investigation. The enforcement staff shall terminate the investigation related to any notice of inquiry in which information is developed that does not appear to be of sufficient substance or reliability to warrant a notice of allegations, it being understood that the committee shall review each such decision.

"32.56 Official Inquiry Notice of Allegations.

"32.56.1 Letter to Notice to Chief Executive Officer. If When the enforcement staff determines that the available there is sufficient information reasonably indicates that a major violation occurred, it shall initiate an official inquiry, and to warrant, it shall issue direct a cover letter and notice of allegations to the chief executive officer of the member institution involved (with copies to the faculty athletics representative and the athletics director of the member and to the executive officer of the conference of which the institution is a member). Fully informing the chief executive of the matter under inquiry and requesting cooperation to the end that the may be discovered.

"32.5.1.1 Request for Disclosure/Appearance. By this letter, the chief executive officer of the member involved shall be requested to disclose all relevant information, and the letter may require the appearance of the chief executive or a designated representative before the committee at a time and place that are mutually convenient,. if such appearance is deemed necessary. If a member declines to meet with the committee after having been requested to do so, the member shall not have the right to appeal either the committee's findings of facts and violations or the resultant penalty.

"32.5.1.2 Identification of Allegations. An official inquiry shall include a statement of the NCAA regulations alleged to have been violated, as well as the details of each allegation that in the judgment of the enforcement staff can be supported by sufficient information to reasonably expect that the Committee on Infractions will find the violation to have occurred.

"32.6.1.1 Contents of the Notice of Allegations cover letter. The cover letter accompanying each notice of allegation shall:

"(a) Inform the chief executive officer of the matter under inquiry and request the cooperation of the institution in obtaining all the pertinent facts and provide specific information on how to investigate the allegation.

"(b) Request the chief executive officer to respond to the allegations and to provide all relevant information which the institution has or may reasonably obtain, including information uncovered related to new violations. The responsibility to provide information continues until the case has been concluded.

"(c) Request the chief executive officer and other institutional staff to appear before the committee at a time and place determined by the committee.

"(d) Inform the chief executive officer that if the institution fails to appear after having been requested to do so, it may not appeal the committee's findings of fact and violations, or the resultant penalty.

"(e) Direct the institution to provide any present or former institutional staff member(s) who were notified in writing of an allegation in which they were named by the enforcement staff as noted in Bylaw 32.6.2, any present or former student-athletes whose eligibility could be affected based on involvement in an alleged violation, the opportunity to submit in writing any information the individual desires that is relevant to the allegation in question.

"(f) Inform the chief executive officer that the enforcement staff's primary investigator in the case will be available to discuss the development of its response and assist in locating various individuals who have, or may have, important information regarding the allegations.

"32.6.1.1.1 Enforcement Staff Basis for Allegation. The enforcement staff shall allege a violation when it believes there is sufficient information to conclude that the Committee on Infractions could make a finding.

"32.6.1.2 Contents of Notice of Allegations. The notice shall list the NCAA regulations alleged to have been violated, as well as the details of each allegation.

"32.6.2 Notification by Enforcement Staff. The enforcement staff shall notify athletics department staff members and student-athletes at member institutions (including the institution under inquiry) whose employment or eligibility could be affected, of the allegations in a notice of allegations in which they are named. A copy of such notification shall be forwarded to the chief executive officer of the institution that employs the staff member or in which the student is enrolled. All such individuals may submit responses to the Committee on Infractions, and the institution under inquiry shall provide a copy of pertinent portions of its response to each individual who will attend the committee's hearing in the case. Involved individuals who have submitted a response must also share their response with the involved institutions or other involved individuals as necessary. The enforcement staff shall notify those athletics department staff members named in the notice of allegation who may be subject to the show-cause requirements from the committee if violations are found in which they are named.

"32.56.23 Statute of Limitations. Allegations included in a letter of official inquiry notice of allegations shall be limited to possible violations occurring not earlier than four years before the date the notice of preliminary inquiry is forwarded to the institution or the date the institution notifies (or, if earlier, should have notified) the enforcement staff of its inquiries into the matter. However, the following shall not be subject to the four-year limitation:

"(a) Allegations involving violations affecting the eligibility of a current student-athlete;

"(b) Allegations in a case in which information is developed to indicate a pattern of willful violations on the part of the institution or individual involved, which began before but continued into the four-year period; and

"(c) Allegations that indicate a blatant disregard for the Association's fundamental recruiting, extra-benefit, academic or ethical-conduct regulations or that involve an effort to conceal the occurrence of the violation. In such cases, the enforcement staff shall have a one-year period after the date information concerning the matter becomes available to the NCAA to investigate and submit to the institution an official inquiry concerning the matter.

"32.5.3 Availability of Primary Investigator. Subsequent to the filing of an official inquiry in an infractions case, the primary investigator in the case shall be available to assist the involved institution for purposes such as meeting with the institution to discuss the development of its response and assisting in locating various principals in the case.

"32.56.4 Disclosure of Information. Within 30 days following of the date that the filing of an official inquiry notice of allegations has been forwarded to the member institution in an infractions case, the enforcement staff shall make available to the member institution and to the involved individuals reasonable access to all pertinent evidentiary materials as described in Bylaw 32.3.10, including tape recordings of interviews and documents, upon which the inquiry is based. Requests for access to such evidentiary materials shall be delivered to the enforcement staff. The staff shall be responsible for maintaining custody of all of the evidentiary materials. The staff shall provide access to these materials at the NCAA national office or at custodial sites reasonably near the involved institution or the involved individuals. If information is developed subsequent to the 30-day period, the enforcement staff shall notify the involved institution and involved individuals of its availability. Requests for access to the new information shall be delivered to the enforcement staff. The staff shall be responsible for maintaining custody at the national office or a custodian. The same procedure for requesting access to these materials shall be followed.

"32.5.5 Determination of Meeting Date. The Committee on Infractions shall set the dates and times for all hearings before the committee. Reasonable effort will be made to schedule the hearings at convenient times and places for the involved institutions and individuals. The committee shall notify all relevant parties of the hearing date and site.

"32.5.6 Contents of Official Inquiry Cover Letter. The cover letter accompanying each official inquiry shall contain notification that the institution is requested to:

"(a) Read each allegation involving a present or former institutional staff member, or a prospective, present or former student-athlete whose eligibility could be affected based on involvement in the alleged violation, to the identified individual;

"(b) Provide that individual the opportunity to submit in writing and orally any information the individual desires that is relevant to the allegation in question; and

"(c) Notify the individual in person, as well as in writing, that the individual and personal legal counsel (if any) may appear before the committee at the time it considers each allegation in which the individual is involved.

"32.5.7 Notification by Enforcement Staff. The enforcement staff shall notify athletics department staff members and student-athletes at member institutions whose employment or eligibility could be affected, of the allegations in an official inquiry in which they are named. A copy of such notification shall be forwarded to the chief executive officer of the institution that employs the staff member or in which the student is enrolled. All such individuals may submit responses to the Committee on Infractions, and the institution under inquiry shall provide a copy of pertinent portions of its response to each individual who will attend the committee's hearing in the case. The enforcement staff also shall notify those athletics department staff members named in the official inquiry who no longer are employed at a member institution and may be subject to the show-cause requirements from the committee if violations are found in which they are named.

"32.5.8 Obligation to Provide Full Information. A member that is subject to official inquiry shall collect all information available to it concerning the allegations set forth in the inquiry. At any appearance before the committee, the member and the enforcement staff shall have the obligation of providing full information concerning each allegation (i.e., information that would corroborate or refute each allegation).

"32.56.95 Deadline for Institutional Response. The institution's response to the official inquiry notice of allegations shall be on file with members of the committee and the enforcement department within 90 days of the institution's receipt of the inquiry notice, unless the committee grants an extension. An institution or involved individual may not submit additional documentary evidence (in addition to its initial response) at that meeting without prior authorization from the committee (see Bylaw 32.6.8 for additional instructions regarding information submitted to the Committee on Infractions).

"32.56.106 Prehearing Conference. Within 30 days of an institution's submission of its written response to an official inquiry a notice of allegations, in a case involving an alleged major violation, the enforcement staff shall consult with institutional representatives and other involved individuals who will attend the hearing in order to clarify the issues to be discussed in the case during the hearing, make suggestions regarding additional investigation or interviews that should be conducted by the institution to supplement its response and identify allegations that the staff intends to withdraw. The enforcement staff shall conduct independent prehearings with the institution and/or any involved individuals, unless mutually agreed by all parties to do otherwise.

[32.5.10.1 renumbered as 32.6.6.1 unchanged.]

"32.56.117 NCAA Enforcement Staff Summary Case Statement. Not later than 14 days prior to the date of the institution's appearance, tThe enforcement staff shall prepare a summary statement of the case that indicates the status of each allegation and identifies the individuals upon whom and the information upon which the staff will rely in presenting the case. This Within 14 days before the hearing, the staff summary shall be provided to the members of the Committee on Infractions and to representatives of the institution. and Involved individuals will be provided those portions of the summary in which they are identified as at risk prior to the hearing. The committee may waive this 14-day period for good cause shown.

"32.56.128 Deadline for Submission of Written Material. Unless specifically approved by the Committee on Infractions for good cause shown, all written material to be considered by the committee at the infractions hearing must be received by the committee, enforcement staff, institution and any involved individuals attending the hearing at least no later than 10 days before the date of the hearing. Evidence may be submitted at the hearing; but subject to the limitations set forth in Bylaw 32.7.5.58.7.4.

[32.6 renumbered as 32.7 unchanged.]

"32.78 Committee on Infractions and Hearings.

"32.7.1 Limitations on Presentation of Staff Evidence. In major cases requiring an institutional hearing before the committee, specific information and evidence developed by the staff related to alleged violations of NCAA regulations shall not be presented to the committee prior to the institution's appearance, except as provided in these procedures.

"32.7.2 Opportunity to Appear before the Committee. A member that is subject to official inquiry shall be given, upon its request, the opportunity to have representatives appear before the committee.

"32.7.3 Notification of Hearing Procedures. An institution shall be advised in writing prior to its appearance before the committee of the general procedures to be followed during the hearing. Such notification shall contain a specific reference to Bylaw 32.7 and shall indicate that, as a general rule, the discussion during the hearing will follow the numbering of the allegations in the official inquiry.

"32.8.1 Committee Authority. The Committee on Infractions shall hold a hearing to determine the existence of the alleged violation of NCAA regulations and to impose any appropriate penalties.

"32.8.2 Determination of Meeting Date. The Committee on Infractions shall set the dates and times for all hearings before the committee. The committee shall notify all relevant parties of the hearing date and site.

"32.8.3 Limitations on Presentation of Staff Evidence. In major cases requiring an institutional hearing before the committee or when processing a case through means of a summary disposition, specific information and evidence developed by the staff related to alleged violations of NCAA regulations shall not be presented to the committee prior to the institution's appearance, except as provided in these procedures.

"32.8.4 Obligation to Provide Full Information. At any appearance before the Committee on Infractions, the involved member institution and the enforcement staff, to the extent reasonably possible, have the obligation to ensure that the committee has benefit of full information concerning each allegation, whether such information corroborates or refutes an allegation.

"32.8.5 Notification of Hearing Procedures. An institution and involved individuals shall be advised in writing prior to an appearance before the committee of the general procedures to be followed during the hearing. Such notification shall contain a specific reference to Bylaw 32.8 and shall indicate that, as a general rule, the discussion during the hearing will follow the numbering of the allegations in the official inquiry.

[32.7.4 renumbered as 32.8.6 unchanged.]

[32.7.4.1 renumbered as 32.8.6.1 unchanged.]

"32.78.46.2 Attendance at Hearings. At the time the institution appears before the committee, its representatives may include officials of the institution, the institution's legal counsel, the individuals identified in Bylaws 32.5.6 and 32.5.7 and other enrolled student-athletes whose eligibility could be affected by information developed by the institution in conjunction with preparation of its response to an official inquiry. In any major case, such representatives should include the institution's chief executive officer, or a designated representative outside the athletics department, as well as the head coach of the sport in question, the institution's director of athletics, legal counsel, enrolled student-athletes whose eligibility could be affected by information presented at the hearing and any other representatives whose attendance has been requested by the committee. Additional individuals may be included among the institution's party only if specifically approved to be present by the committee. An individual who appears before the committee may appear with personal legal counsel., and no additional individuals may be included among the institution's representatives during an institutional hearing unless specifically requested to be present by the committee. In accordance with Bylaw 32.7.4.1, the committee may request that other individuals be present during the hearing.

[32.7.4.3 renumbered as 32.8.6.3 unchanged.]

"32.78.46.3.1 Exclusions Requested by the Institution. At Tthe request of the institution, the committee may request that an individual be excluded an individual from certain portions of the hearing when the matters to be discussed are not those in which the individual is at risk, subject to approval by the committee. When an individual is excluded from the hearing room for a period of time, it shall be with the understanding that matters discussed in the hearing during that time will not relate to that individual.

[32.7.4.3.2 renumbered as 32.8.6.3.2 unchanged.]

"32.78.46.4 Representation of Member Conference. [Former Bylaw 32.7.4.4] The executive officer or other representative of a member conference's executive office may attend an institutional hearing involving a conference member., subject to approval of the involved institution.

[32.7.4.5 and 32.7.4.6 renumbered as 32.8.6.5 and 32.8.6.6 unchanged]

[32.7.5 renumbered as 32.8.7 unchanged.]

"32.7.5.1 Case Summary. The summary case statement required by Bylaw 32.5.12 shall be distributed to individuals in attendance as an aid in following the discussion of each allegation during the hearing. Individuals who attend only a portion of the hearing will receive only those parts of the case summary that are relevant to their participation in the hearing.

"32.78.57.21 Opening and Closing Statements. At the outset of the hearing, a representative of the institution shall make an opening statement, followed by an opening statement from any involved individual and by a representative of the enforcement staff. The contents of such a statement should not relate to the substance of the specific items contained in the official inquiry. Statements concerning the nature or theory of the case are encouraged. An institutional representative and involved individuals also may make a closing statement at the conclusion of the hearing, followed by a closing statement by a representative of the enforcement staff.

[32.7.5.3 renumbered as 32.8.7.2 unchanged.]

"32.78.57.43 Institutional or Involved Individual's Presentation. The member institution and involved individual then will present its their explanation of the alleged violations and questionable practices and any other arguments or information that it deemsed appropriate in the committee's consideration of the case.

[32.7.5.5 renumbered as 32.8.7.4 unchanged.]

[32.7.5.5.1 renumbered as 32.8.7.4.1 unchanged.]

"32.78.57.54.2 Information Concerning Mitigating Factors. Institutional, conference and enforcement staff representatives and any involved individuals are encouraged to present all relevant information concerning mitigating or other factors that should be considered in arriving at appropriate penalties.

"32.78.57.65 Scope of Inquiry. If a member institution appears before the committee to discuss its response to the official inquiry, the hearing shall be directed toward the general scope of the official inquiry allegations set forth in the notice of allegations but shall not preclude the committee from finding any violation resulting from information developed or discussed during the hearing.

[32.7.5.7 renumbered as 32.8.7.6 unchanged.]

"32.78.57.87 Recording of Proceedings. The proceedings of institutional hearings shall be recorded by a court reporter (unless otherwise agreed) and shall be tape-recorded by the committee. No additional verbatim recording of these proceedings will be permitted by the committee. The Committee on Infractions shall maintain custody of the tape recordings and any transcriptions. Reasonable access to review the tape recordings shall be provided at the NCAA national office or at custodial sites reasonably near the institution and involved individuals. In the event a transcription is necessary for use in of an appeal, the relevant material a transcript of the hearing proceedings shall be reproduced at the direction of the Committee on Infractions for submission and submitted to the appellate body and Infractions Appeals Committee and made available for review at the NCAA national office or at custodial sites reasonably near the institution and involved individuals. If an appeal is not sustained, the institution or individuals who file the appeal shall be responsible for the cost of the transcription, as well as the cost related to the use of the appropriate custodial office; except that the involved institution or individuals may be granted a waiver of responsibility for such costs by the Committee on Infractions. [Note: Involved individuals only will receive portions of the hearing transcriptions in which they were in attendance at the hearing.]

[32.7.6 renumbered as 32.8.8 unchanged.]

[32.7.6.1 through 32.7.6.2 renumbered as 32.8.8.1 through 32.8.8.2 unchanged.]

"32.78.68.3 Imposition of Penalty. If the committee determines that there has been a violation or questionable practice, it shall impose an appropriate penalty (see Bylaw 19.6); or it may recommend to the Management Council suspension or termination of membership in an appropriate case.

[32.7.6.4 renumbered as 32.8.8.4 unchanged.]

"32.8 Hearings Before an Independent Hearing.

"32.8.1 Committee Referral. When the Committee on Infractions determines that an independent hearing officer should be utilized (per Bylaw 19.2.2), the committee will refer to the hearing officer all appropriate factual allegations for consideration.

"32.8.2 Hearing Procedures. When assigned allegations for consideration, a hearing officer shall promptly schedule a hearing that shall be conducted in accordance with enforcement procedures applicable to Committee on Infractions hearings (see Bylaw 32.7).

"32.8.3 Notification of Findings. Subsequent to the hearing, the hearing officer shall report findings of fact in writing to the Committee on Infractions and the parties who participated in the hearing within 30 days after the conclusion of the hearing or, if later, within 30 days after the filing of any posthearing written materials requested by the hearing officer.

"32.8.4 Findings Set Aside. A finding arrived at by a hearing officer shall not be set aside by the Committee on Infractions except upon a determination that:

"(a) The hearing officer's finding clearly is contrary to the evidence presented to the hearing officer;

"(b) The facts found by the hearing officer do not constitute a violation of the Association's rules; or

"(c) A procedural error affected the reliability of the infraction that was utilized to support the hearing officer's finding.

"32.9 Notification of Committee Action.

"32.9.1 Infractions Report. The committee, without prior public announcement, shall be obligated to submit promptly an infractions report, which sets forth its findings and penalty to be imposed, to the chief executive officer of the member institution (with copies to those individuals receiving copies of the official inquiry notice of allegations). that has been subject to the official inquiry. The following procedures shall apply to the infractions report:

"(a) After an institutional hearing, the Committee on Infractions shall prepare and approve the final infractions report;

"(b) The infractions report(s) of the Committee on Infractions and the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 shall contain a consolidated statement of all penalties, corrective actions, requirements, and other conditions and obligations of membership imposed upon a member institution found in violation of NCAA legislation. The statement of such actions shall include, but not be limited to, the penalties imposed upon the institution, eligibility rules to be applied, applicable executive regulations, the adjustment of individual and team standings in NCAA championship events, and the request for the return of any awards and net receipts received for participation in an NCAA championship; and

[32.9.1-(c) unchanged.]

[32.9.2 unchanged.]

"32.9.2.1 Public Comment Before Release. The committee's public announcement related to an infractions case shall be made available to the national wire services and other media outlets. In this regard, the involved institution and/or any involved individuals shall be advised of the text of the announcement prior to its release and shall be requested not to comment publicly concerning the case prior to the time the NCAA's public announcement is released.

[32.9.2.2 unchanged.]

"32.10 Appeal Procedure.

"32.10.1 Written Notice of Appeal. To be considered by the infractions appeals committee per Bylaw 19.3, the member institution's written notice of appeal of the Committee on Infractions' findings (subject to the conditions of Bylaw 32.10.2) or the penalty, or both, shall be received by the NCAA president not later than 15 calendar days from the date of the public release of the committee's report. The member's notice of appeal shall contain a statement of the date of the public release of the committee's report and a statement indicating whether the institution desires to submit its appeal in writing only or whether the institution will be represented before the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 at the time the appeal is considered.

"32.10.2 Bases for Granting an Appeal. A penalty determined by the Committee on Infractions may be set aside on appeal if the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 determines that the penalty is excessive or inappropriate based on all the evidence and circumstances. Determinations of fact and violations arrived at by the Committee on Infractions shall not be set aside on appeal, except upon a showing that:

"(a) The cCommittee's on Infractions finding clearly is contrary to the evidence presented to the committee;

"(b) The facts found by the cCommittee on Infractions do not constitute a violation of the Association's rules; or

"(c) A procedural error affected the reliability of the information that was utilized to support the cCommittee's on Infractions finding.

"32.10.3 Appeal by an Individual Staff Member. Any current or former institutional staff member who participates in a hearing (either in person or through written presentation) before the Committee on Infractions and is involved in a finding of a violation and who exercises the opportunity to appeal any of the findings in question (subject to the conditions of Bylaw 32.10.2) or the committee's decision to issue a show-cause order, must submit a written notice of appeal to the NCAA president not later than 15 calendar days from the date of the public release of the committee's report. The individual and personal legal counsel may appear before the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 at the time it considers the pertinent findings. The institution shall be requested to notify its current staff members, and the enforcement staff Committee on Infractions will notify all other individuals directly of the appeal opportunity.

"32.10.4 Report to Infractions Appeals Committee. The committee shall forward a report of the case to the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 at the time of public announcement.

"32.10.5 Committee on Infractions' Response to an Appeal. The Committee on Infractions shall submit a response to the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 on each case that has been appealed. This response shall be in the form of an expanded infractions report which will include:

[32.10.5-(a) through 32.10.5-(g) unchanged.]

"32.10.6 Response to Institution and Media. A copy of the Committee on Infractions' response to the appropriate Infractions aAppeals cCommittee per Bylaw 19.3, (as described in Bylaw 32.10.5) shall be provided to the institution prior to the time of its appearance before the appropriate Infractions aAppeals cCommittee per Bylaw 19.3. Any press release regarding the response shall meet the requirements of Bylaw 32.9.2.

[32.10.7 unchanged.]

"32.11 Appeal Hearings.

"32.11.1 Hearing Procedures. In its appeal to the appropriate Infractions aAppeals cCommittee per Bylaw 19.3, the member an institution or current or former staff member may challenge the Committee on Infractions' findings of fact or penalties, or both, according to the following hearing procedures:

"(a) If the institution elects to be represented in person before the appropriate Infractions aAppeals cCommittee per Bylaw 19.3, the institution shall be permitted a reasonable time to make its oral presentation to supplement the institution's written appeal. The chair or another member of the Committee on Infractions then shall be permitted a reasonable time to present orally the committee's report. The period of time for the presentation by the institution and the Committee on Infractions shall be left to the discretion of the chair of the appropriate Infractions aAppeals cCommittee per Bylaw 19.3;

"(b) If the member institution elects to appeal in writing only, the Committee on Infractions' written report shall be considered without an appearance by a committee representative; and

"(c) The appropriate Infractions aAppeals cCommittee per Bylaw 19.3 then shall act upon the member's appeal, by majority vote of the members of the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 present and voting, and may accept the Committee on Infractions' findings and penalty or alter either one or both.

"32.11.2 Consideration by Infractions Appeals Committee. The appropriate Infractions aAppeals cCommittee per Bylaw 19.3 shall consider the statements and evidence presented and, at the discretion of any of its members, may question representatives of the member institution or the Committee on Infractions, as well as any other persons appearing before it, in order to determine the facts related to the appeal. Further, under the direction of the appropriate Infractions aAppeals cCommittee per Bylaw 19.3, questions and information may be exchanged between and among all parties participating in the hearing.

"32.11.3 Infractions Appeals Committee-Determination of Hearing Procedures. The procedure to be followed in the conduct of the hearing will be determined by the appropriate Infractions aAppeals cCommittee per Bylaw 19.3. However, the operating policies and procedures governing the determination of the individuals who may participate in the hearing, as well as the policies and procedures defining the committee's or appropriate Management Council's standards for consideration of information and determination of findings and penalties, shall be consistent with the established policies and procedures related to these matters that apply to hearings conducted by the Committee on Infractions.

"32.11.4 Decision Final. Any decision in an infractions case by the appropriate Infractions aAppeals cCommittee per Bylaw 19.3 shall be considered final. Any Division II or III Management Council decision in an infractions case shall be considered final upon adjournment of the Management Council meeting during which the appeal was decided, except for the January pre-Convention Management Council meeting, in which case, the decision shall be considered final at the end of the Management Council session prior to the opening business session of the Convention.

"32.11.5 No Further Review. Determinations of fact and violations arrived at in the foregoing manner by the Committee on Infractions or by the appropriate Infractions aAppeals cCommittee per Bylaw 19.3, on appeal, shall be final, binding and conclusive and shall not be subject to further review by the Management Council or any other authority."

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

Effective date: Immediately.