Legislative actions taken January 12 at the Division II business session of the 2004 NCAA Convention in Nashville, Tennessee. Delegates reordered the agenda to place Proposal No. 54 immediately before Proposal No. 37. The Division II Student-Athlete Advisory Committee supported all legislation that was considered at this Convention. During debate, SAAC representatives addressed Proposal Nos. 23 (twice), 27, 32, 33, 39 and 45.

No. 1 Forms -- Student-Athlete Health Insurance Portability and Accountability Act (HIPAA) Authorization/Buckley Amendment Consent Form -- Disclosure of Protected Health Information

Intent: To add the Student-Athlete Health Insurance Portability and Accountability Act (HIPAA) Authorization/Buckley Amendment Consent Form -- Disclosure of Protected Health Information to the list of forms or statements to be administered to student-athletes annually by an institution. Adopted.

No. 2 Recruiting -- Banned-Drug List

Intent: To require an institution to provide the list of NCAA banned drugs and information about the risks of nutritional supplements to all incoming prospective student-athletes at the earliest practical time but in no case later than July 1 prior to the prospect's initial full-time enrollment; further, for a prospect whose recruitment is initiated after July 1, the institution must send the banned drug list at the earliest opportunity. Adopted.

Effective date: Immediately.

No. 3 Recruiting -- Camps and Clinics --

Student-Athlete Employment

Intent: To specify that a student-athlete who is employed in a sports camp or clinic must perform duties that are of a general supervisory nature in addition to coaching or officiating assignments, without limiting such coaching and officiating assignments to not more than one-half of the student-athlete's work time. Adopted.

Effective date: Immediately.

No. 4 Eligibility -- Initial Eligibility --

Requirements Applicable to Entering Freshmen

Intent: To specify that a student-athlete shall meet the initial-eligibility requirements for a qualifier in effect at the time of the student-athlete's initial full-time enrollment in a collegiate institution. Adopted.

No. 5 Eligibility -- Seasons of Competition --

Nonchampionship Segment -- Men's Water Polo

Intent: In men's water polo, to permit a student-athlete to compete in an institution's nonchampionship segment without using a season of competition, provided the student-athlete was academically eligible during the championship segment. Adopted.

Effective date: Immediately.

No. 6 Eligibility -- Ineligibility -- Penalty for Ineligible Participation -- NCAA Championships

Intent: To eliminate legislation related to penalties for ineligible participation in NCAA championships, which states that an ineligible student-athlete who participates in an NCAA championship forfeits eligibility for all NCAA championships for one season. Adopted.

No. 7 Playing and Practice Seasons -- Preseason Practice -- Sports Medicine Staff -- Authority

Intent: To specify that preseason activities should receive the same institutional health and safety oversight as regular and postseason activities. Adopted.

for Use of Banned Drugs

Intent: To specify that testing positive twice for anything other than street drugs will result in the loss of lifetime eligibility, while a combination of two positive tests involving street drugs (for example, heroin, marijuana), in whatever order, will result in the loss of an additional year of eligibility. Adopted.

Effective date: Immediately.

No. 9 Amateurism -- Employment-Criteria

Governing Compensation to Student-Athletes

Intent: To eliminate current regulations regarding a student-athlete's employment on a commission basis; further, to specify that an employer may not use the athletics reputation of a student-athlete employee to promote the sale of the employer's product or services. Adopted.

Effective date: Immediately.

No. 10 Amateurism -- Promotional Activities --

100-Mile Radius

Intent: To permit a student-athlete to receive actual and necessary expenses to participate in a permissible promotional activity, regardless of the location of the activity. Adopted.

and Privately Owned Camps

Intent: To specify that a member institution's camp may use the name or picture of any student-athlete and to further specify that a privately owned camp may only use the name or picture of any student-athlete employed as a counselor at the camp to publicize or promote the camp, including the use of the student-athlete's name or picture in camp brochures or other advertising, regardless of when the camp occurs. Adopted.

Effective date: Immediately.

No. 12 Amateurism -- Financial Donations

Professional Sports Memorabilia

Intent: To permit an institution to receive sports memorabilia from a professional sports organization to be used in institutional (or departmental) fund-raising activities. Adopted.

Effective date: Immediately.

Application of Awards Legislation

Intent: To remove the restrictions on the types of awards prospective student-athletes may receive before enrollment. Adopted.

Effective date: Immediately.

and Numbers of Awards

Intent: To simplify the rules and regulations regarding the types and value of awards that may be provided to student-athletes by setting forth the rules and regulations in a format of charts appended to the bylaws. Adopted.

No. 15 Awards and Benefits -- Academic Support and Medical Expenses -- Counseling Expenses

Intent: To permit an institution to finance any type of counseling service for a student-athlete and to include that benefit in the list of permissible medical expenses. Adopted.

No. 16 Awards and Benefits -- Expenses

for Student-Athlete's Friends and Relatives --

Permissible Expenses -- Reasonable Refreshments

Intent: To permit an institution to provide student-athletes or parents (or legal guardians) of student-athletes reasonable refreshments on an occasional basis. Adopted.

No. 17 Awards and Benefits -- Departure/Return Restrictions-Exceptions

Intent: To create an exception to the return/departure regulations when bad weather, safety and security issues, or a student-athlete's injury or illness prevents an institution from complying with the legislation. Adopted.

Effective date: Immediately, for any travel occurring on or after August 1, 2003.

No. 18 Awards and Benefits -- Provisions of Expenses by Individuals or Organizations Other than the Institution -- Student-Teaching

Intent: To eliminate the regulations regarding receipt of actual and necessary expenses by a student-athlete who is student-teaching and to allow the student-athlete to receive any actual and necessary expenses related to student-teaching that are also available to the general student body. Adopted.

Certification of Insurance Coverage

Intent: To require as a condition of NCAA membership that an institution certify on an annual basis insurance coverage for athletically related injuries sustained by specified participants covered events. Adopted, as amended by No. 19-1, 227-23-2.

and Obligations of Active Membership -- Certification of Insurance Coverage

Intent: To change the effective date of Proposal No. 19 from August 1, 2004, to August 1, 2005. Adopted, 242-2-1.

No. 20 Amateurism -- Professional Sports Counseling Panel

Intent: To specify that the institution's professional sports counseling panel must be appointed and overseen by the institution's chief executive officer (or his or her designated representative from outside the athletics department); further, to eliminate regulations related to the activities and composition in which it is permissible for a head coach or an institution's professional sports counseling panel to interact with agents, professional sports teams or professional sports organizations on behalf of a student-athlete. Adopted.

Effective date: Immediately.

No. 21 Amateurism -- Promotional Activities --

Institutional, Charitable, Educational or Nonprofit Promotions -- Commercial Items

Intent: To specify that any commercial item with the name or picture of a student-athlete may be sold only by a member institution, member conference or the NCAA through outlets controlled by the member institution, member conference, NCAA or outlets controlled by the charitable or educational organization; further, to permit a third party hired by the member institution, member conference or the NCAA to sell and distribute a picture of a student-athlete as specified. Adopted.

30-Mile Radius

Intent: To eliminate the 30-mile radius requirement for receipt of legitimate and normal expenses for a student-athlete's appearance or participation in media activities related to intercollegiate athletics and to allow student-athletes to participate in media activities during the playing season and outside the playing season under the same specified conditions. Adopted.

No. 23 Eligibility -- Progress Toward Degree --

Fulfillment of Credit-Hour Requirements --

Six Credit Hours

Intent: To specify that a student-athlete shall earn six semester or six quarter hours of academic credit the preceding regular academic term in which the student-athlete has been enrolled full-time at any collegiate institution; further, to specify for transfer student-athletes, that the six semester or six quarter hours are transferable degree credit. Adopted, 207-47-2.

Effective date: After the institution's 2005 fall term; thus, applicable to hours earned during the 2005 fall term.

No. 24 Eligibility -- Progress Toward Degree --

Calculation of Grade-Point Average

Intent: To specify that a student-athlete must meet the minimum grade-point average at the certifying institution based on the method of calculation used by the institution for calculating grade-point averages for all students and shall include only course work normally counted by the certifying institution in calculating the grade-point averages for graduation. Adopted.

Practice and Athletics Aid

Intent: To specify that a student-athlete who transfers from a two-year college to the certifying institution must present two semesters or three quarters of full-time attendance at the two-year college, and either graduate from the two-year college or satisfactorily complete an average of at least 12 semester or 12 quarter hours of transferable degree credit acceptable toward any baccalaureate degree program at the certifying institution for each academic term of full-time attendance at the two-year college with a cumulative minimum grade-point average of 2.000. Adopted, 245-10-0.

No. 26 Awards and Benefits -- Expenses

to Receive Noninstitutional Awards
-- Hometown Awards

Intent: To permit a hometown group to pay the expenses of a student-athlete returning home to receive an award. Adopted.

No. 27 Awards, Benefits and Expenses

Academic Expenses

Intent: To permit an institution to finance academic and other support services that the institution, at its discretion, determines to be appropriate and necessary for the academic success of its student-athletes; further, to permit an institution to pay the actual and necessary expenses for the cost of copying, faxing or using Internet services, while the student-athlete is away from campus representing the institution, provided the expense is for purposes related to the completion of required academic course work. Adopted, 238-9-1.

No. 28 Awards and Benefits -- Permissible Expenses -- Life-Threatening Injury or Illness

Intent: To permit an institution to provide expenses for a student-athlete and the student-athlete's teammates to be present in situations involving the death or a life-threatening injury or illness of a student-athlete's family member, without restricting the deceased, injured or ill individual to being an immediate family member, without restricting such expenses to a 100-mile radius from campus, or without requiring a preexisting relationship to exist between the teammates and the deceased or injured individual. Adopted.

Effective date: Immediately, for any transportation, housing and/or meal expenses incurred on or after August 1, 2003.

No. 29 Benefits, Gifts and Services --
Occasional Meals

Intent: To permit an institutional staff member to provide a student-athlete or a team with an occasional meal (and transportation to attend the meal) at any location in the locale of the institution on infrequent and special occasions. Adopted.

for Transportation

Intent: To eliminate the regulation that prohibits an institution or its staff members from providing transportation to an enrolled student-athlete even if the student-athlete reimburses the institution or its staff member. Adopted.

No. 31 Division Membership -- Membership Requirements -- Philosophy Statement

Intent: To modify the Division II philosophy statement, as specified. Adopted, 243-0-1.

No. 32 Committees -- Student-Athlete Advisory Committee -- Term of Office

Intent: To amend the term of office for the Student-Athlete Advisory Committee, for all committee representatives beginning his/her term of office after the end of the 2004 Convention, as specified. Adopted.

Effective date: Immediately.

No. 33 Committees -- Division II

Student-Athlete Advisory Committee -- Vacancies

Intent: For the Division II Student-Athlete Advisory Committee, to specify that if a conference representative vacates his/her position prior to the completion of his/her term, and if the at-large member of the committee is a member of the same conference, the conference vacancy shall be filled by the at-large representative from the same conference and a new at-large representative shall be elected. Adopted.

No. 34 Amateurism -- Professional Draft -- Football

Intent: In football, to permit a student-athlete to enter the National Football League's draft without jeopardizing eligibility in that sport, provided the student-athlete is not drafted by any team in that league and the student-athlete declares his intention to resume intercollegiate football participation within 72 hours following the National Football League draft declaration date. Adopted.

Effective date: Immediately.

Practice Expenses

Intent: To permit an institution to provide an additional meal to student-athletes during the preseason practice period prior to the start of the academic year. Adopted.

No. 36 Awards and Benefits --

Team Entertainment -- Vacation Periods

Intent: To permit an institution to pay reasonable entertainment costs associated with required practice during vacation periods (e.g., preseason period), provided such entertainment occurs within the locale of the institution's campus or practice site and classes are not in session. Adopted.

No. 54 Resolution -- Championships --

Criteria for Selection of Participants

A resolution authorizing the development of a project team to evaluate issues brought to the membership in Proposal Nos. 37 and 38. Adopted.

No. 37 Executive Regulations -- Criteria

for Selection of Participants for Championships

Intent: To eliminate unavailability due to injury as a consideration for championships selection; to require the governing sports committees to recognize official action taken by the NCAA conferences or the member institutions in cases of ineligible student-athletes; and to require that the governing sports committees consider contests involving ineligible student-athletes as losses for the involved student-athletes' institutions and as wins for the opposing institutions. Withdrawn.

No. 38 Executive Regulations -- Ineligible Players on Team -- Forfeited Contest

Intent: To require that contests or dates of competition that are forfeited by either the conference, an independent institution or the NCAA be counted as a loss for the offending team and as a win for the opponent. Withdrawn.

No. 39 Financial Aid -- Student-Athlete Employment

Intent: To exempt a student-athlete's off-campus employment earnings from both individual and institutional financial aid limits. Adopted.

No. 40 Financial Aid --

Maximum Team Limits -- Equestrian

Intent: In equestrian, to establish a maximum equivalency financial aid limit of 15. Adopted.

No. 41 Division Membership --

Reclassification -- Exploratory Year

Intent: To add an exploratory year to the beginning of the reclassification process, for any institution first entering the reclassification period on or after August 1, 2004. Adopted.

No. 42 Division Membership --

Reclassification -- Application Fee

Intent: To require institutions reclassifying to Division II to pay an application fee that will be determined by the Division II Management Council on an annual basis, for any institution first entering the reclassification process on or after August 1, 2004. Adopted.

No. 43 Division Membership --

Minimum Contests and Participant

Requirements -- Equestrian

Intent: In equestrian, to establish minimum contests and participation requirements. Adopted.

No. 44 Playing and Practice Seasons --Equestrian

Intent: In women's equestrian, to establish the playing and practice season. Adopted.

No. 45 Playing and Practice Seasons --

Definitions and Applications -- Voluntary

Athletically Related Activities

Intent: To establish a definition of voluntary athletically related activity, as specified. Adopted, 231-6-3.

No. 46 Playing and Practice Seasons --

Basketball -- First Contest -- Exceptions

Intent: In basketball, to specify that the first permissible date for exhibition contests against non-Division II four-year collegiate institutions and for scrimmages is the first permissible starting date for practice. Adopted.

No. 47 Playing and Practice Seasons --

Contests in Hawaii, Alaska

Or Puerto Rico -- Basketball

Intent: In basketball, to permit an institution, once every four years, to exempt a maximum of four contests from its maximum number of contests during a single trip to Alaska, Hawaii or Puerto Rico. Adopted.

No. 48 Playing and Practice Seasons --

First Date of Practice -- Championship Segment

Intent: In cross country, field hockey, soccer and women's volleyball, to establish the first permissible start date for practice in the championship segment as 17 days prior to the first permissible date for competition. Adopted, 175-67-4.

No. 49 Playing and Practice Seasons --

Annual Exemptions

Intent: In field hockey and soccer, to eliminate the additional scrimmages/exhibition games that may be played before the first scheduled contest and are counted against the maximum number of contests. Adopted.

No. 50 Playing and Practice Seasons --

Football Spring Practice -- Conditioning
Activities and/or Review of Game Film

Intent: In football, during the spring practice period, to specify that an institution is not required to count, as one of its 15 designated days, any day during which countable athletically related activities are limited solely to required conditioning activities and/or review of video/film. Moot, due to an existing interpretation.

No. 51 Recruiting -- Number of Official Visits --

Prospect Limitation -- To Division III Institutions

Intent: To exclude official visits to NCAA Division III institutions from a prospective student-athlete's five-expense paid visit limitation. Adopted.

No. 52 Recruiting -- Tryouts --Written Permission

Intent: To eliminate the requirement that an institution must obtain written permission from the high-school athletics director as a condition for conducting a tryout of a prospective student-athlete. Adopted.

Effective date: Immediately.

No. 53 Recruiting -- Noninstitutional

Camps and Clinics -- Athletics Staff Members

Intent: To retain the current distinction between institutional and noninstitutional, private camps/clinics, while permitting institutional staff members in all sports to serve in any capacity at a noninstitutional, private camp/clinic that operates in accordance with the same restrictions applicable to institutional camps/clinics; further, to specify that institutional coaching staff members in the sports of basketball and football may serve in any capacity at a noninstitutional, private basketball or football camp at which prospects of either gender participate that is conducted only during the institution's summer vacation period and is operated in accordance with restrictions applicable to institutional camps/clinics; additionally, to establish an exception to permit a member institution's athletics department staff member to be involved in a noninstitutional sports camp or clinic, as specified. Adopted. All legislation is effective August 1, 2004, unless otherwise noted.