A G E N D A

MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

EXECUTIVE COMMITTEE

NCAA National Office October 31, 2003

Indianapolis, Indiana

Participants:

Susan Bassett, William Smith College

Donald Beggs, Wichita State University

Anthony Capon, University of Pittsburgh, Johnstown

Carol A. Cartwright, Kent State University

Mary Sue Coleman, University of Michigan

Ronald Eaglin, Morehead State University

Robert Hemenway, University of Kansas

John P. Keating, University of Wisconsin, Parkside

John McCardell Jr., Middlebury College

Chris Monasch, America East Conference (replacement for Chris Plonsky)

Linwood Rose, James Madison University

Kay Schallenkamp, Emporia State University

Phillip Stone, Bridgewater College (Virginia)

Randall Webb, Northwestern State University

John A. White, University of Arkansas

Bridget Belgiovine, NCAA, recording secretary

Myles Brand, NCAA

Bernard Franklin, NCAA

James L. Isch, NCAA

Also in attendance were: Gary Brown, associate director of The NCAA News; Elsa Cole, NCAA general counsel; Dennis Cryder, senior vice-president for branding, broadcasting and communications; Danita Edwards, vice-president for public affairs; John Johnson, director of branding, broadcasting and communications; Keith Martin, managing director of finance and business operations; David Pickle, managing director of The NCAA News; Crystal Reimer, associate director of promotions and events; Wallace Renfro, senior advisor to the NCAA president for communications; Greg Shaheen, vice-president for men?s basketball; Judith Sweet, senior vice-president for championships and education services/senior woman administrator; David Berst, Daniel Dutcher and Mike Racy, NCAA governance vice-presidents; and Jan Brown and Beth DeBauche, NCAA governance directors.

G. Wayne Clough, Georgia Institute of Technology; Carol Harter, University of Nevada, Las Vegas; Mark Nordenberg, University of Pittsburgh; and Christine Plonsky, University of Texas,

were not able to attend.

[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 7:30 a.m. by the chair, President Cartwright. All members were present as noted above.

1. Welcome and Announcements. President Cartwright welcomed Bernard Franklin, NCAA senior vice-president for governance and membership services and a former member of the NCAA Executive Committee. President Cartwright noted that Franklin will assume the responsibility as primary liaison to the Executive Committee at the conclusion of this meeting. President Cartwright also welcomed Phil Stone, Bridgewater College (Virginia), the new Division III Presidents Council vice-chair; John Keating, University of Wisconsin, Parkside, the new Division II Presidents Council vice-chair; and Chris Monasch, commissioner of the America East Conference, representing the Division I Management Council.

2. Approval of August 8, 2003, Minutes.

It was VOTED

?That the Executive Committee minutes of the August 8, 2003, meeting be approved as distributed.?

3. NCAA President?s Report. President Brand provided updates, discussed a series of initiatives and sought Executive Committee input.

a. Strategic Planning. President Brand recapped the work done to date and noted the inclusive process, including significant constituent in-person meetings and a membership survey distributed to more than 6,000 individuals with a 50 percent response rate. President Brand highlighted some general observations from the survey comments regarding the planning process:

(1) Convergence on main issues.

(2) Systematic confusion about what ?NCAA? means ? national office, members, corporate entity.

(3) Concerns and complaints about the Association.

(4) Praise for an open, inclusive process.

The Committee briefly discussed the outcomes of the presidential session held October 30, endorsing the draft core purpose, values and envisioned future goal. The Committee noted the need for additional work on the three-to-five year goals and objectives, particularly in the area of fiscal accountability; for the plan to balance the multitude of missions and approaches of member institutions; and for clarity and articulation of responsibilities for each entity ? member institutions, conference offices and the national office.

President Brand outlined, and the committee endorsed, the upcoming steps:

(1) Committee review and endorsement of a draft to be sent electronically.

(2) Presentation of a final draft at the 2004 NCAA Convention.

(3) Approval of the plan at its April 2004 meeting.

The Committee also noted the importance of staff involvement in partnership with the membership and its leaders, noting that specific strategic-planning sessions will be conducted at the (a) National Association of State Universities and Land Grant Colleges and the (b) American Association of State Colleges and Universities annual meetings in November to gather additional presidential support.

b. Corporate Sponsorship of NCAA Institutional Competitive Events. President Brand requested consideration and endorsement of a guiding principle for the sponsorship of NCAA institutional competitive events. Several members have raised concerns regarding institutional participation in competitive events that include corporate sponsors whose ideals and values may not be compatible with the Association?s principles. Specifically, concern has been expressed that some event sponsors may be construed as businesses that portray women in a disrespectful, demeaning or degrading manner and, therefore, are not appropriate to be

associated with NCAA events. President Brand noted the importance of the Association?s principles of equal treatment for all individuals, regardless of gender, race or sexual orientation, and the obligation of each member institution to ensure these are being observed.

It was VOTED:

?To endorse the NCAA guiding principle to promote an atmosphere of respect for and sensitivity to the dignity of every person and equal treatment for all individuals regardless of race, gender or sexual orientation and request that member institutions determine whether the sponsor of an event depicts any student-athlete subgroup in a disrespectful, demeaning or degrading manner before aligning with corporate entities and participating in competitive events, including the corporate sponsorship of such events.?

c. California Senate Bill 193. President Brand updated the Committee on the status of the bill and its impact on NCAA member institutions in all three divisions.

d. Black Coaches Association Diversity Initiative. The Committee received an update on the recent diversity hiring initiative supported by President Brand.

e. National Association of Basketball Coaches (NABC). President Brand commended the NABC for its recent action to hold a meeting of all Division I men?s basketball coaches to address issues of accountability. President Brand was pleased to note that members of the NABC recognized that accountability for coaching staff and programs rests with the head coach.

f. Playing-Rules Oversight Panel. President Brand noted that the playing-rules oversight panel was established to advise NCAA staff on playing-rules issues and resolve divisional differences for rules that must be common to all. The panel recently met to resolve divisional differences regarding the men?s and women?s soccer rules committee?s zero-tolerance abusive language policy. Division I did not support the policy, and Divisions II and III recommended its adoption. President Brand noted that the panel is recommending a zero-tolerance rule that will assist officials in controlling the problem. The Committee discussed the issue noting its commitment to sportsmanship in all sports and also expressed legal concerns with the recommendation.

It was VOTED:

?To deny the recommendation to adopt a men?s and women?s soccer zero-tolerance abusive language policy, effective with the 2004-05 season; to support a substitute motion to implore officials in all sports to enforce the existing rules that pertain to player and coach behavior; and to charge institutions and conferences with ensuring that the officials hired for their contests follow those rules.?

g. Contingency Planning. President Brand noted that Standard and Poor's has upgraded the NCAA?s financial rating from an AA- to an AA for the following reasons:

(1) Negotiated 11-year contracts with CBS and ESPN.

(2) Engaged in a strategic-planning process that will be tied to the budget process.

(3) Established reserve policies that the Executive Committee has followed.

(4) Developed a strong net asset position.

(5) Developed detailed risk assessment plans supplemented with adequate insurance coverage.

(6) Developed written contingency plans for major financial or event disruptions including:

Ÿ A financial contingency plan, approved last year by the Executive Committee, that details how the NCAA might respond to a financial shortfall; and

Ÿ An incident management plan, an outcome of the Risk Management Task Force that the Executive committee commissioned last year.

Although the NCAA does not have plans to issue additional debt, the rating is an important indicator of the financial position as an Association.

Shaheen provided an overview of the Association?s incident management process.

4. NCAA Division I Board of Directors and Divisions II and III Presidents Councils. The Committee received reports from the Division I Board of Directors and the Divisions II and III Presidents Councils, which included the following items:

a. Division I Board of Directors.

(1) Received a status report regarding the NCAA efforts and data supporting the Interim Economic Baseline Study and noted the next steps in the process to include gathering additional salary and capital expenditure information and expanding the time series.

(2) Reviewed the role of the NCAA in relation to the Bowl Championship Series discussions, noting its appropriate involvement is limited to being a facilitator and convener.

(3) Reviewed the status of the current reform agenda in intercollegiate athletics, noting the continued importance of presidential leadership.

(4) Approved the report and recommendations of the Board of Directors Task Force regarding academic reform incentives and disincentives, including issues related to academic progress rate, filters and contemporaneous penalties and agreed that, since the task force had accomplished its goals, it would be disbanded.

(5) Approved the establishment of the Committee on Academic Performance to serve as an oversight body for the incentives/disincentives program and as a separate appellate body limited to duties related to hearings.

(6) Received a litigation update on the status of the NCAA ?two-in-four? rule and its impact on certified events.

b. Division II Presidents Council.

(1) Approved two recommendations from the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports to amend its composition to include one of the three designated positions for an orthopedic specialist and to support the establishment of and funding for Association-wide health and safety educational materials.

(2) Agreed to sponsor an amendment-to-amendment at the 2004 Convention to delay to August 1, 2005, the effective date of Proposal No. 54 (conditions and obligations of membership ? certification of insurance coverage) to require institutions to certify insurance coverage for athletically related injuries.

(3) Agreed to sponsor legislation at the 2005 Convention to modify NCAA Constitution 3.2.4 (conditions and obligations of membership) to require Division II active members to submit, on an annual basis, a supplemental report to measure the academic success rate for all Division II student-athletes (scholarship, nonscholarship and transfers).

(4) Reaffirmed its commitment to Title IX with a 2004 Convention issues forum entitled ?Title IX Compliance in Division II,? noting that the keynote speaker will be Norma Cantu, professor of education and law at the University of Texas.

(5) Elected George Hagerty, president, Franklin Pierce College, as chair of the Presidents Council, effective following the 2004 Convention Division II business session, with a term expiration of January 2005.

(6) Elected three representatives to the Presidents Council: Daniel Bradley, Fairmont State College; Charles Ambrose, Pfeiffer University; and Robert Brown, Arkansas Technological University.

(7) Ratified the election of Sue Willey, director of athletics, University of Indianapolis, for a one-year term as chair of the Division II Management Council, effective with the 2004 NCAA post-Convention Management Council meeting.

c. Division III Presidents Council.

(1) Reviewed its reform agenda legislative package for action at the 2004 Convention:

(a) Denied a request from the eight affected institutions to withdraw the proposal to eliminate the waiver that permits Division III institutions to provide athletics aid in programs that were classified in Division I during 1982-83 and in a sport for the opposite gender. The Council noted its commitment and a desire for a membership vote on the issue.

(b) Agreed to sponsor an amendment-to-amendment to the proposal to eliminate ?redshirting? to indicate that a student-athlete may receive an exception to not be charged with a season of participation when the student-athlete only practices during the nontraditional segment due to the student?s academic program that precluded participation in the traditional segment.

(c) Agreed to sponsor an amendment-to-amendment at the 2004 Convention to delay to August 1, 2005, the effective date of Proposal No. 54 (conditions and obligations of membership ? certification of insurance coverage) to require institutions to certify insurance coverage for athletically related injuries.

(2) Declined to support the recommendation to adopt the international distance for the three-point line in basketball, noting that the issue requires common action by all three divisions (Divisions I and II support) and will be forwarded to the playing-rules oversight panel and the Executive Committee for action in January 2004.

(3) Appointed a new member: Miriam Pride, Blackburn College.

(4) Elected Phil Stone, Bridgewater College (Virginia), as vice-chair.

(5) Endorsed the slate of nominees for 2004, including the reappointments of Jane Margaret O?Brien, St. Mary?s College of Maryland; Miriam Pride, Blackburn College; Peggy Williams, Ithaca College; and David Beckley, Rust College.

5. Litigation Update. The Committee received a report from the NCAA general counsel regarding litigation and settlement actions.

6. NCAA Executive Committee Subcommittee on Gender and Diversity Issues. The Com-mittee received a report of the discussions and actions of the subcommittee, noting:

(a) A review of the 17 diversity initiatives funded by the NCAA to enhance opportunities for ethnic minorities and women.

(b) A review of the NCAA national office restructuring.

(c) The newly formed office of inclusiveness and its intent to foster an environment in which diverse populations are embraced and respected, thus promoting inclusion.

7. Governmental Relations Update. The Committee reviewed an update regarding governmental issues, including California Senate Bill #193.

8. Financial Update.

a. Fourth Quarter Budget to Actual. The Committee received a report of the Association?s financial activity for the fiscal year 2002-03, noting that the staff is making final closing entries with the assistance of Deloitte & Touche, the independent auditing firm. It was noted that the Finance Committee will review the audit results in late November and will present a final report to the Committee at its January 2004 meeting.

b. Investment Subcommittee. The subcommittee met and decided to issue a request for proposal for an investment advisor/consultant. The subcommittee will meet December 2 to interview the top candidates and make a selection.

c. Finance Committee Report. The Finance Committee will schedule budget meetings during the next calendar year in anticipation of the FY 2004-06 biennial budget process.

9. NCAA Centennial Celebration. Cryder and Johnson provided a report on the plan for the Association?s Centennial Celebration in 2006. Given the budget implications, the Committee forwarded the plan to its Finance Committee and requested a review of all aspects of the proposal and to provide specific programmatic and funding recommendations at its January meeting. The Committee discussed the possibilities, noting:

(a) Leverage corporate champions and partners to support the celebration.

(b) Extraordinary opportunities to educate about the Association, particularly membership and student-athletes.

(d) Opportunity to further the Association?s goals and future.