The NCAA Division II Management Council, pursuant to its authority per NCAA Constitution 5.4.1.1.1, has determined that the following proposal is consistent with the intent of the membership in adopting the original legislation and that sufficient documentation and testimony exists to establish clearly that the original wording of the legislation was inconsistent with that intent.

The Division II Management Council, by a two-thirds majority of its members present and voting, shall have the authority to recommend intent-based legislation, subject to ratification by the Division II Presidents Council. Any proposal ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted by the Presidents Council as legislation at the 2005 NCAA Convention.

The item has been approved by the Management Council and Presidents Council in concept, but has not yet been approved in legislative form. The page number in the proposal refers to the 2004-05 NCAA Division II Manual.

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

Recruiting -- Banned Drug List and Information about Nutritional Supplements -- Web Site Address

Intent: To permit an institution to provide prospective student-athletes with a Web address for the list of NCAA banned drugs.

Bylaws: Amend 13.3.2, page 84, as follows:

[Division II]

"13.3.2 Banned Drug List and Information about Nutritional Supplements.

[13.3.2.1 unchanged.]

"13.3.2.2 Report Distribution. Member institutions shall provide to all incoming prospects and to prospects' parents the NCAA banned drug list (or the NCAA Web site address at which the list is located) and information about nutritional supplements (see Bylaw 31.2.3.1). The information shall be provided at the earliest practical opportunity (e.g., after the institution's first arranged in-person encounter with the prospect) or upon request; however, in no event shall an institution provide the information later than July 1 before the prospect's initial enrollment at the institution. For a prospect whose recruitment is initiated after July 1, the institution must send the banned drug list and information about nutritional supplements at the earliest opportunity. Violations of this bylaw shall be considered institutional violations per Constitution 2.8.1; however, such violations shall not affect the prospective student-athlete's eligibility."

Effective Date: Immediate

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