MINUTES OF THE
National Collegiate
Athletic Association
Executive Committee
NCAA National Office November 1, 2002
Indianapolis, Indiana
Participants:
Percy Bates, University of Michigan
Donald Beggs, Wichita State University
Frank Brown, Columbus State University
Patricia Cormier, Longwood University
Ronald Eaglin, Morehead State University
David B. Frohnmayer, University of Oregon
Milton A. Gordon, California State University, Fullerton
Carol Harter, University of Nevada, Las Vegas
Robert E. Hemenway, University of Kansas
Bette Landman, Arcadia University
Robert W. Lawless, University of Tulsa
Michael J. Marcil, North Central Intercollegiate Athletic Conference
John M. McCardell Jr., Middlebury College
Linwood H. Rose, James Madison University
Christopher Walker, University of Redlands
Bridget Belgiovine, NCAA, recording secretary
Cedric W. Dempsey, NCAA
James L. Isch, NCAA
Also in attendance were the following: Daniel Boggan, NCAA senior vice-president; Gary Brown, manager, The NCAA News; Elsa Cole, NCAA general counsel; Danita Edwards, NCAA vice-president for public affairs; Thomas Jernstedt, NCAA senior vice-president; Keith Martin, NCAA director of finance and business operations; Wallace Renfro, former NCAA director of public relations; Judith Sweet, NCAA vice-president for championships/senior woman administrator (SWA); David Berst, Daniel Dutcher and Mike Racy, NCAA chiefs of staff; and Jan Brown and Beth DeBauche, NCAA assistant chiefs of staff.
Carol A. Cartwright, Kent State University; Francis Lawrence, Rutgers, The State University of New Jersey, New Brunswick; Joseph A. Steger, University of Cincinnati; and Randall Webb, Northwestern State University, were not able to attend the meeting.
[Note: These minutes contain only actions taken (formal votes or stated "sense of the meeting") in accordance with NCAA policy regarding minutes of all Association entities. While certain items on the Committee's agenda were acted on at various times throughout the meeting, all final actions within a given topic are combined in these minutes for convenience of reference.]
The meeting was called to order at 8:02 a.m. by the chair, President Lawless. All members were present as noted above.
1. Welcome and Announcements. President Lawless welcomed all members and expressed appreciation for their commitment of time to the Association during the month of October, meeting with the presidential search, the newly formed NCAA Leadership Advisory board and its regularly scheduled meeting.
2. Approval of Previous Minutes.
It was VOTED
?That the Executive Committee minutes of the August 9 and October 10 meetings be approved as distributed.?
3. Reports of NCAA Division I Board of Directors and NCAA Divisions II and III Presi-dents Councils. The Committee received the reports from the NCAA Division I Board of Directors and Divisions II and III Presidents Councils, which included the following:
a. Division I Board of Directors.
(1) Approved the academic reform legislative measures.
(2) Appointed Mary Sue Coleman, president, University of Michigan, to the NCAA Executive Committee Subcommittee on Gender and Diversity Issues.
It was VOTED
?To approve a recommendation from the NCAA Men?s Basketball Rules Committee that rim testing become mandatory starting with the 2004-05 season.?
b. Division II Presidents Council.
(1) Reviewed the actions related to the comprehensive study on Division II football, focusing on the areas of access to the Division II championship, health and safety of the sport, scheduling and site selections and the promotion of the sport.
(2) Approved the recommendation to increase the size of the pole vault landing pit, effective immediately. This action was not approved by the Management Council.
(3) Endorsed the recommendation that NCAA Race Demographics Study be presented at the April 2003 governance meetings.
(4) Elected Kay Schallenkamp, president, Emporia State University, as the new chair and representative to the Executive Committee, effective at the close of the NCAA Convention in January 2003.
(5) Appointed three new members to the Presidents Council, effective January 2003: Arthur Kirk, Jr., St. Leo University; James Lyons Sr., California State University, Dominguez Hills; and Kathryn Martin, University of Minnesota, Duluth.
(6) Ratified the appointment of Tony Capon, faculty athletics representative, University of Pittsburgh, Johnstown, as NCAA Division II Management Council chair, effective January 2003.
(7) Agreed to conduct a second pilot study on Division II graduation rates to address several issues that arose from the initial pilot.
(8) Agreed to allocate $50,000 in additional Division II funds to provide professional development opportunities and to develop a mentoring program for the Division II Diversity Grant program.
It was VOTED
?To grant an exemption to the men?s basketball rule change to require mandatory rim testing, effective 2004-05, due to financial impact on member institutions.?
c. Division III Presidents Council.
(1) Approved the recommendation from the NCAA Minority Opportunity and Interests Committee (MOIC) that the Race Demographics Study be formally presented to the Executive Committee, Presidential bodies and Management Councils in April 2003.
(2) Approved a series of budget reallocation recommendations from the NCAA Division III Initiatives Task Force and affirmed a commitment to maintain a 15 percent reserve over any two-year budget from 2002-06.
(3) Finalized plans for the 2003 Convention and the Division III presentations and reviewed 16 legislative proposals, including the sponsorship of an amendment-to-amendment to the playing and practice seasons model, which reduces and standardizes the playing season for all sports.
(4) Elected John McCardell, Middlebury College, as chair of the Presidents Council, effective January 2003.
It was VOTED
?To grant an exemption to the men?s basketball rule change to require mandatory rim testing, effective 2004-05, due to financial impact on member institutions.?
4. Executive Committee Subcommittee on Gender and Diversity Issues. The Committee received an update on key issues being addressed: the Report on the Use of American Indian Mascots in Intercollegiate Athletics submitted by the MOIC; the NCAA Gender and Diversity Issues Audit Report, including the national office gender equity plan; the 2001-02 NCAA Race Demographics of Member Institution?s Athletics Personnel Report, a biennial study submitted by the MOIC; a report from the NCAA Committee on Women?s Athletics related to the U.S. Secretary of Education?s Commission on Opportunity in Athletics; and the NCAA Division I Football Study Oversight Committee report on Ethnic Diversity of Football Coaching Staffs.
It was VOTED
?To accept the Report on the Use of American Indian Mascots in Intercollegiate Athletics submitted by the MOIC, refer it to the appropriate divisional governance structures and instruct the groups to report back at its April 2003 meeting.
"To recommend the distribution of the report on the Use of American Indian Mascots in Intercollegiate Athletics to NCAA institutions that currently use American Indian mascots, nicknames and logos and request they provide input to the MOIC.
"To commend the MOIC for its efforts on the issue.
To direct NCAA staff to distribute a potential list of minority football coach candidates to all NCAA institutions.?
5. International Initiatives Report. The Committee received an update from its task force of Carol Cartwright, Kent State University; David Frohnmayer, University of Oregon; and Bette Landman, Arcadia University, on the review of international efforts of the national office and the Association. It was noted that the task force supports ongoing international television and licensing initiatives; however, it will continue to study the larger question involving the Association?s role in other international initiatives and present recommendations at a future meeting.
6. Leadership Advisory Board Appointments. The Committee received an update on the establishment of the NCAA Leadership Advisory Board, noting its primary purpose to provide advice and counsel to the NCAA president. The Executive Committee had the opportunity to meet with the Leadership Advisory Board at its fall meeting, November 17-18, in Washington D.C.
It was VOTED:
?To approve the slate of candidates to serve on the NCAA Leadership Advisory Board.?
7. Litigation Update. The Committee received a report from the NCAA general counsel regarding current litigation.
It was VOTED:
?To support efforts by members of the Division I Board of Directors to communicate with members of the Metropolitan Intercollegiate Basketball Association.
?To request staff explore alternate means of dispute resolutions between member institutions and the NCAA.?
8. Financial Matters.
a. Preliminary Fourth Quarter Fiscal Year 2001-02 Budget-to-Actual Report. The Committee reviewed a preliminary report of the activity for the fourth quarter of the fiscal year. The final report will be presented in January 2003 along with the Association?s audited financial statements. The Association will exceed its revenue budget, and it will be within its expense budget for the fiscal year ending August 31, 2002.
b. Revised Fiscal Year 2002-03 Operating Budget. The Committee reviewed a revised fiscal year 2002-03 operating budget as a result of the August 2002 NCAA Foundation dissolution. The revised budget included $4.7 million of scholarships and other student-athlete program expenses that will be funded from contributions, earnings and principle of the quasi-endowment. Approximately $1.44 million will be funded from temporarily restricted reserves from the Foundation.
It was VOTED:
?To approve the revised operating budget for fiscal year 2002-03 as a result of the NCAA Foundation dissolution.?
c. Risk Management Task Force. The Committee reviewed the report from its appointed risk management task force to review the Association?s insurance programs. The task force was comprised of representatives from all three divisions including campus risk management professionals, a representative from the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports and a representative from the NCAA Division I Student-Athlete Advisory Committee. The task force reviewed: student-athlete insurance coverage and business coverage for the Association. The report includes four major recommendations that address specific issues in both areas:
(1) That each NCAA member institution be required to certify that student-athletes are insured for athletically related injuries either through their parents' or guardians? insurance coverage, or student-athletes' personal insurance coverage, or the institution?s insurance or self-insurance program.
Current NCAA
legislation does not require student-athletes be insured for athletically
related injuries. The task force
believes that adding such a requirement would eliminate a potential gap in
coverage. As a condition
of future NCAA membership, institutions would be required to certify that their student-athletes are insured prior to athletic participation. This recommendation requires legislative action in all three divisions.
(2) That NCAA legislation be amended to permit member institutions, at their own discretion, to pay for medical and dental expenses for injuries or illnesses that occur during a noncovered event, if such treatment is necessary to enable the student-athlete to return to competition.
(3) That the NCAA conduct an expanded feasibility study of approximately 25 member institutions across all three divisions to evaluate the economic benefit of providing a group purchase program to cover medical expenses for athletically related injuries that fall outside the NCAA catastrophic injury insurance program. Current claims and premium data would be gathered and discussion would take place with underwriters to determine a pricing model for membership consideration. Once data are collected, a pricing model will be developed and provided to the Executive Committee. It is expected that the earliest a group purchase program could be implemented is August 1, 2004, since communications and educational programs must be developed to gain the support of the membership.
(4) That recommendations related to the Association?s business policies addressing increased coverage for general liability, legislation to limit the Association?s exposure related to rules making and crisis management planning be addressed.
It was VOTED:
?To forward recommendations one and two to the respective divisional governance groups and the Committee on Competitive Safeguards and Medical Aspects of Sport for comment, legislative action and implementation no later than August 1, 2004.
?To support recommendation three, commence the feasibility study and forward the results to the Executive Committee.
?To refer recommendation four to the Executive Committee Budget Committee for consideration and action, given the funding implications and approval of the development of a contingency plan.?
9. NCAA Convention.
a. 2003 Convention Schedule. The Committee reviewed the 2003 Convention schedule, noting the sessions for chief executive officer (CEO) attendance: Delegates Reception, which includes a recognition of President Cedric Dempsey, Saturday, January 11; opening business session, CEO reception and NCAA Honors Dinner, Sunday, January 12; divisional business sessions and forums, Monday, January 13; and Executive Committee meeting, Tuesday, January 14.
b. Future Convention Sites for 2004, 2005, 2006, 2007 and 2008. The Committee reviewed recommended Convention sites for years 2004 through 2008. NCAA Convention management staff conducted a request for proposals process that allowed the Association to leverage multiple year guaranteed rate commitments from Gaylord properties.
It was VOTED:
?To authorize NCAA staff to finalize Convention negotiations with the following convention facilities for the year noted: Nashville, Tennessee (2004); Dallas, Texas (2005); Indianapolis, Indiana (2006); Orlando, Florida (2007); and Nashville, Tennessee (2008).?
10. Expectations of the NCAA President and Staff. The Committee reviewed its previous discussions related to the role and expectations for the NCAA president and staff. The committee reaffirmed its commitment for the president to be proactive, anticipate issues and challenges, and present recommendations for all issues. Further, to utilize the experience of staff members to enhance efficiency, provide clarity in decision-making and increase accountability. The Committee deferred action on the role and expectations of the Executive Committee, NCAA president and staff until its meeting with president-elect Myles Brand in January.
11. Executive Committee Chair Selection Process. The Committee discussed the selection process for electing a new chair and eligible members to serve up to a two-year term, effective at the conclusion of its January 2003 meeting.
It was VOTED:
?To elect Carol Cartwright, president, Kent State University, chair of the Executive Committee, effective January 2003.?
12. President's Report.
a. Playing Rules Oversight Panel. The Committee received an update on the status of the recommendation to establish an Association-wide Playing Rules Oversight Panel. It was noted that prior to restructuring, the Executive Committee, which consisted of athletics administrators, approved playing rules proposals involving safety, financial impact or image of the game. After restructuring, the Executive Committee became a presidential body and proposed rule changes were no longer Association-wide but submitted through the federated policy-making processes. The federated structure has proved to be ill-suited to address playing rules changes in an efficient manner as dissension from one division can result in proposed rule changes being delayed in the other two divisions. Further, the responsibility for resolution falls to the Executive Committee. In April, staff proposed a recommendation to establish an Association-wide Playing Rules Oversight Panel appointed by the Executive Committee to resolve proposals involving player safety, financial impact or image of the game that do not have unanimous Division I, II and III support and to provide counsel to NCAA staff about playing-rules to all three divisional governance structures.
All three divisional championships groups endorsed the establishment of such a panel. The Divisions II and III Management Councils endorsed the recommendation; however, the Division I Management Council defeated it, primarily due to a concern related to an increase in the number of committees. The legislation is a common provision that requires support of all three divisions and therefore resolution by the Executive Committee. It also is noted that the work of the oversight panel is intended to be conducted via conference calls and, therefore, minimal costs are associated with its establishment. The group also would provide much needed membership input from all three divisions to the president and Executive Committee related to resolution of Association-wide playing rules disputes and issues.
It was VOTED
?To encourage the Division I governance structure to reconsider its position in support of the establishment of the Association-wide Playing Rules Oversight Panel to resolve Association-wide playing rules issues and request a report at its January 2003 meeting.?
b. White House Title IX Commission. The Committee members heard a report on the Secretary?s Commission on Opportunity in Athletics and expressed concern about the imbalance of presentations regarding the current interpretation of the law being made during town hall sessions. The Committee also is concerned that some arguments are being advanced that are contradictory to data from the U.S. General Accounting Office report. It was noted that Judy Sweet, vice-president for championships and SWA, has been the primary staff liaison to the commission for its hearings.
It was VOTED
?To endorse an effort to have NCAA President Cedric W. Dempsey address the commission at its November 21-22 hearing in San Diego to reinforce the Association?s support for Title IX and clarify misinformation and misconceptions that the commission has heard to this point.?
13. Future Meetings.
a. January 14, 2003; Anaheim, California.
b. April 25, 2003; Indianapolis, Indiana.
c. August 8, 2003; Indianapolis, Indiana.
14. Executive Session. The Executive Committee recessed in executive session to discuss the presidential transition.
It was VOTED
?To grant Cedric W. Dempsey the title of NCAA President Emeritus, effective January 2, 2003.?
15. Adjournment. The meeting adjourned at 10:30 a.m.
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