MINUTES OF THE

 

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

 

EXECUTIVE COMMITTEE

 

 

NCAA National Office August 8, 2003

Indianapolis, Indiana

 

 

Participants:

 

Susan Bassett, William Smith College

Donald Beggs, Wichita State University

Frank Brown, Columbus State University

Anthony Capon, University of Pittsburgh, Johnstown

Carol A. Cartwright, Kent State University

G. Wayne Clough, Georgia Institute of Technology

Ronald Eaglin, Morehead State University

Carol Harter, University of Nevada, Las Vegas

Robert Hemenway, University of Kansas
John McCardell Jr., Middlebury College

Christine Plonsky, University of Texas

Kay Schallenkamp, Emporia State University

Randall Webb, Northwestern State University

John A. White, University of Arkansas

Bridget Belgiovine, NCAA, recording secretary

Myles Brand, NCAA

James L. Isch, NCAA

 

Also in attendance were: Daniel Boggan, NCAA senior vice-president; 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, NCAA vice-president for public affairs; Abe Frank, NCAA director of governmental relations; Walter Harrison, University of Hartford president; Jeff Howard, NCAA managing director of media and public affairs; Kevin Lennon, NCAA vice-president for membership services; Keith Martin, NCAA managing director of finance and business operations; David Pickle, NCAA managing director of The NCAA News; Wallace Renfro, senior advisor to the NCAA president for com-munications; Greg Shaheen, NCAA vice-president for men?s basketball; Judith Sweet, NCAA 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.


Mary Sue Coleman, University of Michigan; R. Kevin LaGree, Simpson College (resignation); Mark Nordenberg, University of Pittsburgh; Linwood Rose, James Madison University; and Joseph A. Steger, University of Cincinnati, 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 7:32 a.m. by the chair, President Cartwright. All members were present as noted above.

 

 

1. Welcome and Announcements. President Cartwright welcomed the Committee members and thanked President Brown for his service, noting that this was his last meeting repre-senting Division II. President Cartwright also thanked Dan Boggan for his years of service and leadership to the Association and congratulated him on his retirement.

 

 

2. Approval of April 25, 2003, Minutes.

 

It was VOTED

 

?That the Executive Committee minutes of the April 25, 2003, meeting be approved as distributed.?

 

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

 

a. Strategic Planning. President Brand introduced Glenn Tecker and Jean Frankel, Tecker Consultants. The Committee engaged in a planning session that recapped work done to date and reviewed the planning process flowchart and next steps. The Committee also discussed its role and expectations, and benefits of the proc-ess for the Association. The Committee requested a copy of the draft core purpose, values, and audacious goal and process flowchart to facilitate discussion and dialogue with presidential colleagues and conference presidential groups in preparation for its October 30 session.

 

The Committee endorsed:

(1) Draft Core Purpose. To lead by ensuring that intercollegiate athletics serves as an integral part of undergraduate education; assures fair and safe competition; challenges the spirit, mind and body; develops citizens pre-pared for life; and enhances our common cultural experience.

 

(2) Draft Core Values (essential and enduring principles that guide an organization).

 

(a) Our Association believes intercollegiate athletics is first and fore-most an integral part of the student-athlete?s undergraduate education and preparation for life.

 

(b) Our Association recognizes the indispensable contribution intercollegiate athletics makes to the ideals, sense of community and public recognition of our member institutions.

 

(c) Our Association is committed to pursue the common good through shared governance that sustains an inclusive and cooperative cul-ture.

 

(d) Our Association is dedicated to complete academic and athletics integrity.

 

(3) Audacious Goal (clear and compelling catalyst that serves as a focal point for effort). Be the catalyst for the successful institutional integration of intercollegiate athletics with the undergraduate experience and for posi-tioning the ideals of collegiate athletics as a positive force in our national culture.

 

The Committee also discussed the key mega issues of strategic importance that represent the challenges the Association will need to face in defining the ultimate direction of its long-range plan. The Committee noted the distinction between is-sues of importance for immediate and long-term attention.

 

The Committee endorsed the following key mega issues for immediate attention:

 

(1) How will the NCAA assure that intercollegiate athletics remain a vital part of higher education?

 

(2) What role should the NCAA play to create a greater understanding and value on the part of general public, media, corporate supporters, member institutions and conferences about what the NCAA represents? What will be the impact of that movement on the image of the other segments?

 

(3) How will the NCAA balance the financial influences and ethical pressures associated with the economics of intercollegiate athletics?

 

(4) Given the Association?s dependence on one source of revenue, how should it diversify to ensure future economic stability?

 

(5) How can the Association maintain the right balance among its core values, the pressure to win and the academic achievement of the student-athlete including regulatory issues?

 

The Committee noted importance of staff involvement in partnership with the membership and its leaders.

 

b. Title IX. President Brand noted the Association?s pleasure with the recent an-nouncement of support for the continuance of the current law. President Brand noted the work Judy Sweet, Senator Birch Byah and many others in support of the Association?s position.

 

c. Friendlier, More Responsive NCAA. The committee structure and staff continue to work on creating a more responsive Association through its policy and prac-tices.

 

d. Economic Baseline Interim Study. The Committee was updated on the impeding release of an interim report on the efforts of spending within college sports that challenges a number of commonly held assumptions about intercollegiate athlet-ics. President Brand also announced that the Andrew W. Mellon Foundation has provided funding to assist with the research and analysis in the preliminary report.

 

e. 2004 NCAA Convention. It was noted that based on feedback following the 2003 NCAA Convention, the 2004 schedule will be responsive, provide greater chief executive officer programming and include a presentation of the Association?s strategic plan.

 

 

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) Adopted Proposal No. 2002-72, as amended by Proposal No. 2002-71-1, to allow for the collection of data during the 2003-04 academic year for the development of an academic rate intended to be used as a standard for applying a program of incentives and disincentives.

 

(2) Placed the Division I membership on notice of its intention to adopt legislation in April 2004 to establish a contemporaneous penalty to prohibit an institution from re-awarding the athletics aid of a student-athlete who fails to meet academic eligibility requirements to an incoming prospective student-athlete during the subsequent academic year.

 

(3) Reviewed graduation rate data that show student-athletes are graduating at a higher rate than the general student body.

 

(4) Discussed the issue of conference realignment and affirmed that realign-ment is an institutional issue. The role of the NCAA is properly limited to serving as a facilitator, when requested, and reminding parties of the gen-eral guiding principles of intercollegiate athletics.

 

(5) Established a subcommittee to discuss the issues of Division I-AA and I-AAA representation on the Board.

 

(6) Reviewed the status of the American Indian mascot and Confederate battle flag recommendations.

 

b.                  Division II Presidents Council.

 

(1) Approved a recommendation from the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports to mandate that student-athletes participating in NCAA championships in women?s lacrosse wear protec-tive eyewear beginning with the 2004 championships and established a Division II loan for institutions that may need assistance with purchasing the equipment for the upcoming year.

 

(2) Agreed to sponsor legislation for the 2004 Convention to require institu-tions to certify insurance coverage for athletically related injuries.

 

(3) Declined to sponsor legislation that would permit an institution to pay medical expenses incidental to intercollegiate athletics.

 

(4) Received a presentation regarding minimum grade-point averages and credit hour requirements for Division II student-athletes.

 

(5) Agreed to sponsor legislation for 2004 Convention to amend fulfillment of credit hour requirements regulations to require a student-athlete to earn at least six semester credit hours the preceding regular academic term in or-der to remain eligible to the following semester

 

(6) Endorsed the distribution of health and safety posters, initially a Divi-sion II Presidents Council initiative, to all member institutions within the NCAA.

 

(7) Noted the establishment of a division-wide student-athlete community ser-vice effort, coordinated by the Division II Student-Athlete Advisory Committee, to encourage every Division II institution to raise money for the Make-A-Wish Foundation during 2003-04. A donation on behalf of all Division II student-athletes will be made in spring, 2004.

 

(8) Noted that the second regional Division II Action Academy will be held in Atlanta, Georgia, September 5-7.

 

c.                   Division III Presidents Council.

 

(1) Agreed to sponsor a future of Division III reform agenda legislative pack-age for action at the 2004 Convention:

 

(a) Establish an annual financial aid reporting process.

 

(b) Eliminate exempted athletics endowments set up to provide finan-cial aid to student-athletes.

 

(c) Eliminate redshirting.

 

(d) Limit the playing season to 18 weeks in fall sports and 19 weeks in winter and spring sports, an approximate 10-percent reduction from the current 21 weeks.

 

(e) Decrease the combined traditional and nontraditional segment con-test limits by 10 percent and establish combined maximums, with caps for each segment.

 

(f) Eliminate safety exceptions in the sports of fencing; gymnastics; rifle; rowing; skiing; and swimming and diving.

 

(g) Add language to the Division III philosophy statement to ?assure that athletics recruitment complies with the established policies and procedures applicable to the institutional admissions process.?

 

(h) Permit a student-athlete to ?self-release? to speak to athletics departments at other institutions about a possible transfer, while strengthening the penalties applied to coaches and athletics per-sonnel that speak to student-athletes at other institutions without permission.

 

(i) Sponsor a resolution to commit, as part of the division?s ongoing strategic-planning process, to address issues related to membership growth. The review will include the broad-based program and sport equity philosophies; appropriate championships access; ac-cess to other programs and services; and the greater exercise of institutional and conference autonomy, including related funding.

 

(j) Agreed to sponsor legislation to amend the NCAA Constitution to require, as a condition and obligation of NCAA membership, that an institution certify on an annual basis insurance coverage for student-athletes for athletically related injuries sustained in covered athletics events.

 

(2) Declined to sponsor legislation that would permit an institution to pay medical expenses incidental to intercollegiate athletics.

 

(3) Approved a recommendation from the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports to mandate that student-athletes participating in NCAA championships in women?s lacrosse wear protec-tive eyewear beginning with the 2004 championships and to strongly encourage the use of protective eyewear during the 2003-04 playing and practice season

 

(4) Welcomed two new members: John Fry, president, Franklin & Marshall College, and Dale Knobel, president, Dennison University.

 

(5) Endorsed the slate of nominees for 2004, including Peggy William, presi-dent, Ithaca College.

 

 

5. Litigation Update. The Committee received a report from the NCAA general counsel regarding current litigation and settlement actions. The Committee discussed mandatory binding arbitration of NCAA member claims against the NCAA.

 

It was VOTED:

 

?To refer the issue to divisional Management Councils:

?a. To consider legislation to require as a condition of membership, all members in-cluding exploratory and provisional, mandatory binding arbitration of claims arising under federal law;

 

?b. To consider legislation to require all member conferences and affiliated members be subject to mandatory binding arbitration of claims arising under state law; and

 

?c. To report back the Executive Committee at its April 2004 meeting.?

 

 

6. Governmental Relations Update. Abe Frank provided an update regarding current governmental issues including California Senate Bill #193.

 

 

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

 

a. American Indian Mascot. It was noted that the subcommittee was charged with forwarding to the NCAA Executive Committee its recommendations related to American Indian mascots in intercollegiate athletics. Since April 2001, the issue has been thoroughly reviewed by the NCAA Minority Opportunities and Interests Committee (MOIC) and the subcommittee with input from several constituents including NCAA member institutions that use American Indian mascots, nick-names, logos; Native American groups; and the divisional governance groups.

 

The subcommittee reviewed the input received from the membership and divi-sional governance entities.

 

It was VOTED:


 

?Requirements for NCAA Member Institutions.

 

?1. To request institutions currently using American Indian mascots begin a self-analysis by September 1, 2004, and complete a checklist by August 1, 2005, to determine if the depiction of mascot, nickname, logos or behavior can be viewed as offensive.

 

?2. To request that the self-analysis be conducted through a broad-based review, including representatives from the department of athletics, faculty, staff, community, student-athletes and local American Indian tribes or community members.?

 

?Requirements for NCAA Conference Offices.

 

?1. To request NCAA conferences with institutions using American Indian mascots or nicknames to review policies regarding contests. Policies to be reviewed should include championships, sportsmanship, etc.

 

?2. To request institutions using American Indian mascots or nicknames to complete a self-analysis checklist for conference championship venues and host institutions. Self-analysis checklist to include:

 

?a. Adherence to Constitution 2.2.2, 2.4 and 2.6.

 

?b. Efforts to assess behavior of the mascot, cheerleaders, band mem-bers and fans, and the relevance of symbols.

 

?c. Efforts to educate staff, fans and spectators on sportsmanship re-lated to mascots.?

 

?Requirements for the Association, as amended.

 

?1. To continue to monitor the use of American Indian mascots, nicknames, logos and behaviors, including periodic monitoring of the self-analysis checklists.

 

?2. To establish criteria for NCAA championships sites and venues to include a review of the visibility of American Indian mascots, logos and symbols and the reference to such in NCAA publications.

 

?3. To establish criteria for institutions participating in NCAA championship events to ensure adherence to Constitution 2.2.2, 2.4 and 2.6.?

 

It was noted that the MOIC will develop materials for self-study with assistance from NCAA championships staff to establish criteria for NCAA championships and references to American Indian mascots. The Executive Committee will ap-prove materials and criteria at its August 2004 meeting. All completed institutional reports will be sent to the subcommittee for review and follow-up.

 

b. Confederate Battle Flag. The Committee received an update on the status of activities related to the Confederate battle flag. The discussion regarding the confederate flag began in April 2000 with a request by the National Association of Basketball Coaches to move the 2002 Division I Men?s Basketball Champion-ship first- and second-round games in the South region to an alternate site. From the Committee?s initial action in April 2000, the subcommittee and a national of-fice issues management team have reviewed the issue.

 

In April 2001 the Committee endorsed three criteria for evaluating all future NCAA predetermined championship sites; acted specifically to honor all con-tractual commitments to conduct championships and other events in the state of Georgia; voted to honor its existing contractual commitments in South Carolina and that the NCAA will not schedule predetermined NCAA championships in the state of Mississippi for the foreseeable future.

 

In August 2001, the Committee affirmed its commitment to the criteria of evalu-ating all future NCAA championships and established a two-year moratorium on awarding any new NCAA-sponsored predetermined championships or other events and meetings of the Association in South Carolina. At that time, the Committee also requested that staff and the governance structure engage in a comprehensive review of the issue specifically related to the states of Mississippi and South Carolina, noting that a decision regarding future policies was expected in August 2003. It was noted that actions of the Executive Committee are chronicled in minutes from April 2000 to present.

 

It was VOTED:

 

?1. To maintain the Executive Committee?s previous policy of honoring con-tractual events in Georgia and to contract for future events in that state.

 

?2. To retain the moratorium in the state of South Carolina.

 

?3. To confer with member institutions, conference and organizations in states where the Confederate battle flag is prominently displayed to determine if moratoriums on awarding NCAA-sponsored predetermined champion-ships or other events are warranted.

 

?4. To retain the position of not awarding contracts for NCAA-sponsored pre-determined championships in the state of Mississippi.

 

?5. To request NCAA staff flag/mascot issue team continue its review of legislation and that NCAA championship staff implement policies for all NCAA certified events consistent with the Executive Committee?s previ-ous action to establish criteria for evaluating NCAA championship sites.?

 

8. Financial Matters.

 

a.                   Third Quarter Budget to Actual. The Committee reviewed a report of the Association?s financial activity for the first three quarters of the fiscal year.

 

(1) Revenue. It was noted that the Association received approximately 70 percent of its television and marketing rights from the CBS sports during the third quarter. Championships revenue does not include all winter and spring championships revenue as of the end of the third quarter. The in-vestments returns are higher in the current year due to the increased cash flow from the CBS contract and the performance by the Association?s in-vestment managers of PIMCO and MDL Capital. The Association is currently at 98 percent of its budget projections and is expected to meet its projections in the fourth quarter.

(2) Expenses. Divisions I, II and III expenses are within budget parameters and are within a few percentage points when compared to the prior year. The year-to-date Association-wide expenses of $63.8 million are within their budget parameters and are within one percentage point when com-pared to the prior year.

 

b. FY 2003-04 Budget.

 

(1) Fiscal Year 2003-04 Budget Allocations.

 

(a) The Committee reviewed the budget recommendations for fiscal year 2003-04, the second year of the biennial budget.

 

? Revenue is projected to increase approximately 7.2 percent, or $30.3 million, primarily from CBS Sports and ESPN television and marketing rights contracts. NCAA championships revenue is expected to increase approximately 3.3 percent while in-vestment revenue is projected to decline.

 

? The Division I distribution will increase 7.8 percent, or $19.2 million, next year. Division I championships and other programs will increase $1.33 million or two and one-half per-cent based on the new initiatives approved in 2002-03. Approximately 1.3 percent, or $660,000, was allocated to maintain existing Division I programs and services.

 

?  The Divisions II and III allocations will increase 7.2 percent, or $1.3 million and $963,000 respectively, based on constitutional guarantees.

 

?  The Executive Committee previously approved $7.5 million to maintain Association-wide programs and services and to im-plement new initiatives as part of the two-year biennial budget cycle.

 

?  Student-athlete welfare programs base budgets include in-creases in sports sciences ($50,000), initial-eligibility ($200,000) and youth programs ($25,000). These services are all outsourced contracted service programs that have increased contractual commitments for 2003-04. The student-athlete en-dowment ($1,084,000) is the funding allocated to the NCAA budget to assist with the student-athlete programs that were previously funded entirely by the NCAA Foundation reserve. The NCAA currently funds approximately 50 percent of stu-dent programs, and the other half will continue to be funded from the unrestricted student-athlete quasi endowment reserve. The restricted programs are being 100 percent funded from the restricted quasi endowment.

 

?  New initiatives ($200,000) include funding for sports sciences ($50,000) to provide education for nutrition, body composition and performance and eating disorders. Additional funding has

also been allocated to adjust the scholarship values for the Walter Byers and Postgraduate Scholarships programs ($125,000), along with $25,000 of funding for the inaugural NCAA President Gerald R. Ford award that will be presented at the Convention in January.

 

?  $2.5 million to fund insurance market adjustments. The budget also includes a salary merit allocation of three and one-half percent and $1.3 million to fund new initiatives and program support for the Division I Basketball First Team program, strategic planning, minority coaches programs and resources to enhance selected membership programs and services.

 

?  $2.3 million to fund the NCAA reserve, a previously approved requirement by the Executive Committee.

 

It was VOTED

 

?To approve the 2003-04 budget.?

 

c. Finance Committee Report. The Finance Committee met on three occasions to address the Association?s audit services and scope of work. It was noted that the Association has selected Deloitte & Touche as its audit firm and approved the FY 2003-04 audit work plan.

 

 

9. Committee on Competitive Safeguards and Medical Aspects of Sports. Pursuant to Executive Committee authority, annual reports and changes to the drug-testing programs must be approved.

 

It was VOTED:

 

?To approve the 2002-03NCAA drug-testing results annual report.?

 

 

10. Future Meetings. The Committee was reminded of the important strategic-planning ses-sion on October 30, 2003.

 

a. October 30, 2003: Strategic planning session (2:30 to 7 p.m.), Indianapolis, Indi-ana.

 

b. October 31, 2003: Indianapolis, Indiana.


c. January 13, 2004: Nashville, Tennessee.

 

d. April 30, 2004: Indianapolis, Indiana.

 

e. August 6, 2004: Indianapolis, Indiana.

 

 

11. Adjournment. The meeting adjourned at 10:56 a.m.

 

 

 

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