The possibility that educational materials created confusion about whether Division III coaches can observe student-athletes in nonorganized activities like “pick-up games” recently prompted the Division III Management Council to address the issue.

Under current Division III rules, observing enrolled student-athletes in nonorganized sport-specific activities is considered an athletically related activity per Bylaw 17.02.1.1-(k) and is therefore not permitted outside the declared playing season.

However, an April 17, 2006, educational column in the NCAA Legislative Services Database stated that coaches can observe these activities if the coach is monitoring the facility in conjunction with usual campus duties and the facilities are open to all students. The educational column was derived from language that appeared in a question-and-answer document prepared for the 2004 Convention, and related to a proposal that eliminated the safety exception for certain sports.

The language within the 2004 Convention Q&A document and the 2006 educational column appear to be in direct conflict with the language of Bylaw 17.02.1.1-(k).

Because of the conflicting language, and the resulting difference in application of the rules caused by several institutions having reasonably relied upon the information in the Q&A and education column, the Division III Management Council recently took these steps to address this issue:

* It used its authority to approve a blanket waiver for all Division III institutions from now through January 16, 2010, thus waiving the current application of Bylaw 17.02.1.1-(k). The action permits an institution's coaching staff member to observe nonorganized sport-specific activities, provided the coach observes these activities when the facility is available to all students and the coach is monitoring the facility as part of the employment duties the coach normally performs on campus. As was noted in the 2004 Q&A document, the coach cannot provide instruction while monitoring the facility, but can instruct student-athletes to stop performing an activity that the coach deems dangerous.

* It recommended that the Division III Presidents Council sponsor a proposal for the 2010 Convention to permit an institution's coaching staff member to observe nonorganized sport-specific activities, provided the coach observes these activities when the facility is available to all students and that person is monitoring the facility as part of the employment duties the coach normally performs on campus. The proposal would permit the Division III membership to express its preference on the issue.

The conflicting language and resulting confusion was brought to the NCAA staff's attention through discussions during the 2008 Regional Rules Seminars and correspondence with member conferences following that event.