A G E N D A

MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

EXECUTIVE COMMITTEE

NCAA National Office April 28, 2006

Indianapolis, Indiana

Participants:

Michael Adams, University of Georgia

Charles Ambrose, Pfieffer University

Robert Fisher, Belmont University

John Fry, Franklin & Marshall College

Walter Harrison, University of Hartford, chair

Arthur Kirk, St. Leo University

Michael Miranda, Plattsburgh State University of New York

Ivory Nelson, Lincoln University (Pennsylvania)

Shirley Raines, University of Memphis

Jill Willson, Texas A&M University-Kingsville

Myles Brand, NCAA

Bernard Franklin, NCAA

Delise O'Meally, NCAA, recording secretary

Clinton Bristow Jr., Alcorn State University; G. Wayne Clough, Georgia Institute of Technology; Daniel Curran, University of Dayton; Martin Jischke, Purdue University; Sydney McPhee, Middle Tennessee State University; Ron Wellman, Wake Forest University; and John Welty, Fresno State University, were unable to participate. Philip Austin, University of Connecticut participated in a portion of the meeting by teleconference.

Also in attendance were: Gary Brown, director of The NCAA News; Erik Christianson, director of public and media relations; Elsa Cole, NCAA general counsel; Dennis Cryder, senior vice president for branding and communications; Jim Isch, senior vice president for administration/chief financial officer (CFO); Tom Jernstedt, executive vice president; Kevin Lennon, vice president for membership services; Wallace Renfro, senior advisor to the NCAA president; Judith Sweet, senior vice president for championships and education services/senior woman administrator (SWA); Charlotte Westerhaus, vice president for diversity and inclusion; Bob Williams, managing director of public and media relations; David Berst, Daniel Dutcher and Mike Racy, NCAA governance vice presidents; and Bridget Belgiovine, Beth DeBauche and Terri Steeb, NCAA governance directors.

James C. Duff, a managing partner with Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, attended a portion of 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 8:08 a.m. by the chair, President Harrison. All members were present as noted above.

1. Welcome and announcements. Harrison welcomed all attendees. He specifically welcomed incoming NCAA Division II Presidents Council chair Charles Ambrose, president at Pfeiffer University, and incoming NCAA Division III Presidents Council vice chair John Fry, president of Franklin & Marshall College.

2. Approval of January 9, 2006, meeting minutes.

It was VOTED

“To approve the Executive Committee minutes of the January 9, 2006, meeting as distributed.”

3. Mascot appeals to the NCAA Executive Committee.

The Executive Committee convened an executive session to review appeals from four institutions. The Committee upheld the recommendations of the NCAA Division I Board of Directors and the NCAA Division II Presidents Council, retaining the University of Illinois, Champaign; the University of North Dakota; and Indiana University of Pennsylvania on the list of colleges and universities subject to restrictions on the use of Native American mascots, names and imagery at NCAA championships. In the case of Bradley University, the Committee determined that the institution should be removed from the list of institutions subject to the restrictions but should be placed on a watch list for five years to ensure that it continues to maintain an environment that is not hostile or abusive and that is consistent with the NCAA constitution and commitment to diversity.

4. NCAA President’s report.

a. Internal review of enforcement policies and procedures. External consultant James Duff provided an update on a comprehensive internal review of enforcement services and membership services policies and procedures. Duff noted that NCAA policies and procedures in enforcement, as well as in membership services, compared favorably with federal, administrative and state court processes and, even where the NCAA may not be subject to due process requirements, it substantially abides by those requirements. Duff noted that the report, which is in draft form, includes 57 recommendations, many of which are designed to improve public relations and membership relations. The report will be finalized within the coming months.

b. Membership eligibility for international institutions.

The Committee reviewed a recommendation to establish a working group to consider the issue of membership eligibility for international institutions. The Committee noted that this issue was initially raised in 1998 when a Canadian university sought entrance into NCAA Division II. During the 1999 NCAA Convention, a Division II proposal that would have allowed institutions outside the United States, its territories and possessions to apply for membership under specified conditions was ruled out of order by the Executive Committee. The Committee noted that the issue was more appropriately discussed from an Association-wide perspective. Recently, additional Canadian institutions have expressed similar interest in exploring NCAA membership opportunities.

It was VOTED

“To establish a working group to consider the issue of membership eligibility for international institutions.”

c. Native American mascot policy applicability at championship games in non-NCAA facilities.

The Committee discussed whether the NCAA policy on the use of Native American mascots at NCAA championships also precludes the use of a facility that includes Native American imagery and references if that facility is not affiliated with a member institution. The Committee noted that the primary purpose of the policy is to maintain NCAA championships as an environment that promotes an atmosphere of respect for, and sensitivity to, the dignity of every person. These principles and the goal of preserving the championship environment also extend to the use of non-institutional facilities.

It was VOTED

“To affirm that the policy on the use of Native American mascots, nicknames and imagery at NCAA championship events also applies to non-institutional facilities.”

d. Strategic planning update. The Committee received an update from Jim Isch on progress that is being made on the Association-wide strategic plan. Isch noted significant progress has been made in the implementation of the elements of the plan. Of the 119 initiatives identified in the plan, 31 have been completed, representing 26 percent; 73 are in progress, representing 61 percent; and 15 have not been started, representing 13 percent. The Committee requested a more detailed report on Goal 5, “Perceptions of the Association and Intercollegiate Athletics,” during its August meeting.

e. Presidential Task Force on the Future of Division I Intercollegiate Athletics. The Committee received an update on the work of the Presidential Task Force on the Future of Division I Intercollegiate Athletics. President Brand noted that the task force held its final meeting April 17 in Dallas, and a report should be forthcoming during the latter part of the summer.

5. NCAA Executive Committee Finance Committee report.

a. Second quarter FY 2005-06 budget-to-actual. The Finance Committee reviewed the second quarter budget-to-actual statement and is satisfied that the Association is on target with its revenues and expenses.

b. FY 2006-07 and FY 2007-08 tentative budget allocations. Last August, the Executive Committee tentatively allocated FY 2006-2007 and FY 2007-2008 divisional and Association-wide resources. The Executive Committee and presidential allocation include approximately $7 million dollars to maintain existing programs in the first year of the biennium and another $2.2 million and $2.3 million respectively for new initiatives for each year of the biennium. The established process has the Executive Committee approving the inflationary allocation on an annual basis and the new initiatives on a biennium basis.

The total of $9.2 million ($7.0 million plus $2.2 million) in the first year represents approximately 1.8 percent of the total budget. The new initiatives amount ($2.3 million) in the second year of the biennium represents a four-tenths of a percent increase in the second year.

The Finance Committee requested that the president recommend a budget that is consistent with the NCAA strategic plan, the priorities of the Executive Committee and the approved budget allocations.

c. FY 2006-07 and FY 2007-08 executive summary of president’s recommendations. The Finance Committee considered budget recommendations submitted by President Brand.

(1) Academic reform. Amounts are recommended to support faculty athletics representatives’ efforts on academic reform ($10,000) and for scholarships ($35,000). Currently, the Walter Byers scholarship award of $21,500 is provided to two former student athletes. However, there are six finalists for the award. The additional scholarship moneys will fund each unsuccessful candidate with a $7,500 postgraduate scholarship.

(2) Safe and fair play. The NCAA provides playing rules editors a stipend ranging from $2,500 to $15,000. The Finance Committee recommends $85,000 for stipends and another $27,500 for travel funds so that an active official can attend rules committee meetings.

Funds in the second year of the biennium will provide an additional playing rules administrator to support the 18 different rules committees. Currently, this activity is being funded with two full-time employees ($63,000).

The committee is recommending that $30,000 be allocated to conduct performance tests on softball bats to ensure student-athlete safety.

As an extension of the year-round testing program, an allocation of $150,000 is recommended for year-round baseball drug testing of an additional 384 baseball student-athletes at regional championship events annually and an additional 216 student-athletes (primarily baseball and football) during the summer.

The last item is a pilot study that will use the combined purchasing power of Divisions I, II and III members to reduce medical insurance costs. The NCAA is establishing a student-athlete Group Basic Accident Medical Program for the 2006-07 school year. The purpose of this insurance program is to initiate a long-term, stable athletics insurance program that will insure and manage accident medical expenses from athletics-related injures within the current $75,000 deductible of the NCAA Catastrophic

Injury Insurance program. The Association will use $1 million of its operating reserve as collateral to help underwrite the start-up costs of the program.

(3) Diverse and inclusive Association. As allocation of $125,000 provides for an additional intern ($25,000), programming to support the Black Coaches Association and funding for promotional materials to explain the goals and activities of the newly formed NCAA Office of Diversity and Inclusion.

In the second year, $62,500 will be provided to enhance membership diversity and training.

(4) Title IX and women’s programming. Three programs are recommended for funding: (a) a joint educational program with the National Association of Collegiate Women Athletics Administrators/Higher Education Resource Services to retain experienced female athletics administrators ($100,000). The second is an SWA education program that will educate women on the role and responsibilities of the SWA ($55,000). The last program will educate the membership on prong three of Title IX per the 2005 clarification letter ($60,500).

(5) Research and joint programming. As part of the NCAA strategic plan of more informed governance, the Finance Committee is proposing several new research efforts, including $55,000 for a homophobia survey of athletics policies and student-athlete experiences and a $55,000 study of the barriers for women in athletics careers.

In the second year of the biennium, funds ($55,000) are reserved for research initiatives emanating from the Life Work Balance Task Force.

(6) Enhanced national office services. The national office is planning to use new technologies to reduce meeting costs and improve the quality of the overall education efforts of the Association. A total of $340,000 will be dedicated to building a Web-streaming production facility and to increase the videoconferencing capabilities of the national office.

The expansion and reliance on the Internet and communications infrastructure of the NCAA now requires 24/7 support. Rather than add staff, the NCAA is proposing to outsource many of these responsibilities in a phased approach. A total of $250,000 will be needed in the first year, and $400,000 will be required in the second year.

A small amount of funds ($53,000) will be required to replace and maintain publishing software.

Additional administrative support of $72,000 is needed for accounting and legal services. An additional $90,000 will be allocated in the second year of the biennium.

(7) Brand development and public relations. First-year expenses ($100,000) include the development of systems to track emerging issues in the membership so that public relations strategies can be developed proactively. In addition, $47,000 will be used to better manage the NCAA brand. In the second year, an associate director of new media ($90,000) will be brought onboard to assist in the development of new media opportunities.

(8) Maintain existing programs. These dollars are provided to maintain program levels at existing levels. A total of $1,150,000 will be allocated to Division I championship travel, which is an increase of five percent. With increased fuel costs and fewer available seats, experts are predicting an increase in the cost of future air travel. Another $2.5 million will be needed for a combination of insurance increases and higher retentions due to historical NCAA claims experience. Approximately $1.7 million will be used to provide merit increases to the NCAA national office staff. Finally, $585,000 will be used for increases in postage, property management, shipping, mailing, human resources consulting fees, recruitment costs, etc.

Finally, a $1.5 million dollar reserve will be created for President Brand to address emerging issues throughout the year. Historically, the Executive Committee has provided this level of flexibility to ensure the Association can respond to emerging issues in a timely manner.

It was VOTED

“To approve the fiscal year 2006-2007 budget and the fiscal year 2007-2008 new initiatives.”

d. Investment subcommittee update. The subcommittee selected Vanguard Global Equities to manage the global equity portion of the core operating reserve. The subcommittee determined that 12 percent of total assets should be allocated to Vanguard Global Equity Fund, six percent of total assets allocated to Dodge and Cox International Stock Fund, and 22 percent to BGI U.S. Equity Market Fund for a total of 40 percent equity allocation to the operating reserve. The increase allocation to equities will not impact the daily working capital needs of the Association.

e. Independent auditor selection. The Finance Committee selected KPMG, LLP, to conduct the FY 2005-02006 audit, replacing Deloitte & Touche.

6. Administrative Committee of the Executive Committee report.

• Executive compensation policy and executive compensation committee charter. The Committee reviewed minor modifications to the executive compensation policy and the executive compensation committee charter. The modifications will strengthen the Association’s position that it has met the safe harbor provisions of the Intermediate Sanctions law and will remain in compliance with all applicable executive compensation laws, rules and regulations.

It was VOTED

“To approve the modifications as recommended.”

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

8. NCAA Division I Board of Directors and Divisions II and III Presidents Councils reports.

a. Division I Board of Directors. The Committee received an update on the actions of the Division I Board of Directors. These included:

(1) Legislative action. Adopted 25 of 31 proposals, defeating four and tabling two. The Board took the following actions of note:

(a) Tabled Proposal No. 2006-2, which calls for reducing the number of regular season games from 56 to 52 games. In tabling this proposal, the Board instructed the baseball community to develop a proposal over the next year to address concerns regarding academic performance in that sport by reviewing such factors as the one-time transfer exception, financial aid limits and playing- and practice-season limits. Results of any changes that come from this proposal will be reviewed by the Board in three years;

(b) Approved Proposal No. 2005-144, which would allow football teams with 6-6 won-loss records to compete in bowl games, if the team’s conference has a primary contractual position; and

(2) Basketball – playing and practice season proposal. Used its emergency authority to adopt a proposal that, in the sport of basketball, would establish the second Friday in November as the start date for both regular-season play and any “qualifying” multiteam event. Additionally, the proposal would eliminate the requirement for a “qualifying” multiteam event to be certified by the NCAA; would permit teams to participate in some events annually, rather than twice in a four-year period; and would exempt conference season-end tournaments from counting as a regular-season contests.

(3) Initial-Eligibility Trends Working Group. Used its authority to:

(a) Adopt a proposal that defines the clearinghouse’s role in validating student-athletes’ initial eligibility.

(b) Approve policies and procedures for determining the validity of high school and prospective student-athletes’ academic credentials.

(d) Adopt a change in clearinghouse student registration procedures that requires prospects to report all tests taken.

(e) Adopt a proposal that enhances the unethical-conduct legislation.

(f) Approve amendments to the student-athlete statement.

(4) Additionally, agreed to:

(a) Sponsor a proposal to require both prospects to register with the clearinghouse prior to an official visit and institutions to place a prospect on an Institutional Request List prior to an official visit or written offer of athletics aid.

(b) Charge the NCAA Division I Academics/Eligibility/Compliance Cabinet with sponsoring legislation to amend the core-course time limitation.

b. Division II Presidents Council. The Committee received an update on the actions of the Division II Presidents Council. These included:

(1) Initial-Eligibility Trends Working Group. Used its emergency authority to adopt legislation, effective immediately, which establishes a more comprehensive process for reviewing high schools used to meet the graduation and core-course requirements inherent in NCAA initial-eligibility standards. The legislation adopted also provides a mechanism to conduct a special review of a prospect’s academic records and/or a high school’s information where there appears to be malfeasance.

The Presidents Council also adopted a proposal that amends legislation regarding unethical conduct by holding accountable institutional staff members who know of incomplete or inaccurate information used by the Initial-Eligibility Clearinghouse on a prospect’s academic record.

(2) Division II football championships. Endorsed a concept that would establish two championships for football in Division II. Institutions and/or conferences would select from two different championship classifications, based on the total football equivalencies offered by the Division II college or university. This endorsement by the Council requests the Division II Football Task Force to continue its work to define and refine the two championships model. The Council also requested that the Football Task Force put other options in front of the membership at the 2007 NCAA Convention to bring some sense of closure to the football issues the membership has been debating the past few years. The Council will have the opportunity to review and determine final sponsorship of these options at its summer meeting.

(3) Regionalization. Endorsed a regionalization policy for Division II championship selection that would divide the United States into eight regions. The new regionalization policy will be effective for all sports starting with the 2008-09 academic year; however, individual sports committees may determine to implement the new policy for the 2007-08 academic year, particularly if there are few changes.

c. Division III Presidents Council. The Committee received an update on the actions of the Division III Presidents Council. These included:

(1) Membership issues. Endorsed a series of recommendations from the Division III Membership Committee to address the issue of membership growth:

(a) Further limitation on provisional class size of six to better match the attrition of Division III (e.g., limit of one or two new schools per year).

(b) Tightening of standards applied to exploratory and provisional members to further limit which institutions may enter the process.

(d) Review resources in Division III to determine if there is an optimal size of the division.

(e) More aggressive screening of active Division III members for their commitment to the division’s philosophy and all membership and legislative requirements.

(f) Implement some type of Division III institutional assessment tool for compliance and education.

(g) Consider raising membership dues, if necessary, as a way to address any constraint on Division III resources and services as a way to pursue long-term options.

(2) Voluntary year-round drug-testing pilot program. Delayed action on a recommendation to establish a voluntary year-round drug-testing pilot program and requested:

(a) Detailed funding model beyond two-year pilot.

(b) Comprehensive description of educational options and programming that Division III could use to address substance abuse and alcohol abuse.

9. Association-wide committee frequency requests. Pursuant to the Association’s bylaws, the Committee is required to authorize exceptions for Association-wide committees to hold more than two meetings per year. Two of the nine Association-wide committees requested waivers: (1) the NCAA Committee on Women’s Athletics; and (2) the NCAA Postgraduate Scholarship Committee.