October 2006 NCAA Executive Committee minutes

MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

EXECUTIVE COMMITTEE

NCAA National Office October 26, 2006

Indianapolis, Indiana

Participants:

Michael Adams, University of Georgia

Charles Ambrose, Pfieffer University

Dan Curran, University of Dayton

Robert Fisher, Belmont University

John Fry, Franklin & Marshall College

Walter Harrison, University of Hartford, chair

Kate Hickey, Rutgers University, The State University of New Jersey, New Brunswick

Martin Jischke, Purdue University

Eddie Moore, Virginia State University

Michael McFarland, College of the Holy Cross

Sydney McPhee, Middle Tennessee State University

Michael Miranda, Plattsburgh State University of New York

Ivory Nelson, Lincoln University (Pennsylvania)

Shirley Raines, University of Memphis

Steve Weber, San Diego State University

John Welty, Fresno State University

Jill Willson, Texas A&M University-Kingsville

Myles Brand, NCAA

Bernard Franklin, NCAA

Delise O'Meally, NCAA, recording secretary

Philip Austin, University of Connecticut, and Sidney Ribeau, Bowling Green State University, were unable to participate.

Also in attendance were: Gary Brown, director of The NCAA News; Erik Christianson, director of public and media relations; Elsa Cole, NCAA general counsel; Joni Comstock, senior vice president for championships/senior woman administrator; Jack Copeland, associate director of The NCAA News; Dennis Cryder, senior vice president for branding and communications; Jim Isch, senior vice president for administration/chief financial officer (CFO); Corey Jackson, director of diversity and inclusion; Tom Jernstedt, executive vice president; Kevin Lennon, vice president for membership services; Keith Martin, managing director of finance and operations; Wallace Renfro, senior advisor to the NCAA president; 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 Beth DeBauche, Leah Nilsson, and Terri Steeb, NCAA governance directors.

[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 2 p.m. by the chair, President Harrison. All members were present as noted above.

1. Welcome and announcements. Harrison welcomed all attendees. He specifically welcomed new members Michael McFarland, president of College of the Holy Cross and a member of the Division I Board of Directors, and Eddie Moore, president of Virginia State University and vice chair of the Division II Presidents Council. The Executive Committee held a moment of silence to remember the service of Clinton Bristow Jr., who passed away subsequent to the August Executive Committee meeting

2. Approval of August 3, 2006, meeting minutes.

It was VOTED

?To approve the Executive Committee minutes of the August 3, 2006, meeting as distributed.?

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

● Internal review of enforcement policies and procedures. Bernard Franklin provided an update on a comprehensive internal review of enforcement services and membership services policies and procedures. Elsa Cole provided information regarding a specific recommendation that suggests clarifying NCAA bylaws to indicate that infractions and infractions appeals hearings are considered arbitration to minimize exposure to litigation and invoke protection of the Federal Arbitration Act. Cole noted that one of the benefits permitted under the Federal Arbitration Act is the ability to subpoena documents. This subpoena power would be enforceable by a court of law.

It was VOTED

?To establish a working group to consider the issue of classifying NCAA internal self-policing hearings (i.e., Committees on Infractions, Infractions Appeals Committees) as arbitration and subject to the protections of the Federal Arbitration Act.?

4. Report from Executive Committee working group created to review issues and make recommendations related to membership growth and the status of NCAA Divisions II and III. The Committee received a report on the progress of a working group established to review issues and make recommendations related to membership growth and the status of Divisions II and III. The working group continued its discussion on the possible subdivision of Division III or the creation of a fourth division. The group reviewed two models for a new membership division or subdivision of Division III, one based on quantitative membership criteria, such as sports sponsorship limits, and one employing ?philosophical? criteria that unite members based on institutional objectives for athletics and legislative voting patterns. The group also reviewed a draft of possible features of Division IV that would preclude athletically related financial aid and offer the opportunity for lower sports sponsorship requirements and fewer legislative restrictions. This model would outline Division IV relative to the other divisions in the following manner:

● Division I ? Large programs/athletics scholarships.

● Division II ? Smaller programs/athletics scholarships.

● Division III ? Large programs/ no athletically related scholarships.

● Division IV ? Smaller programs/no athletically related scholarships.

The working group recognized that a critical component of these discussions is how to fund an additional division. The group discussed multiple potential mechanisms for funding a fourth division, including an additional Association-wide funding commitment, an increase in membership dues to fund programming and championships for the fourth division, and the option of a self-funded division that underwrites its own championships and services. Another option would permit the allocation of a per capita share of current revenue distributions to those institutions that choose to migrate.

It was VOTED

?To establish an Association-wide committee to study two membership models, one that would establish a fourth division and one that would establish a Division III subdivision.?

4. Report from Executive Committee working group created to consider the issue of membership eligibility for international institutions. The Committee received a report on the work of the Executive Committee working group created to study the issue of membership eligibility for international institutions. The working group sought feedback from the Committee on the concept of establishing a pilot program for evaluating universities outside the United States and its territories for NCAA membership. The group suggested that interested institutions be evaluated on a case-by-case basis, not only under current NCAA membership criteria but also as to the positive impact acceptance might have on NCAA student-athletes and member institutions. The group is considering establishment of a pilot program to permit one or two Canadian universities the opportunity join the NCAA. Such criteria include cultural and educational impact for student-athletes, as well as the opportunity to strengthen existing conferences or provide greater opportunities for regional competition. Initial discussions by the working group have focused on Canadian institutions; however, the group believes that any recommendations would have to account for potential interest in other countries.

It was VOTED

?To extend the charge of the working group to permit continued discussions on the concept of establishing a pilot program to permit membership access for a limited number of Canadian institutions.?

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

9. 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 that included the following:

(1) Division I-AA members [(Football Championship Subdivision (FCS)] affirmed its earlier defeat of Division I Proposal No. 2006-128, which would permit a 12th regular season game in Division I-AA football. Accordingly, the matter will go to a membership override vote at the 2007 NCAA Convention.

(2) Division I Committee on Academic Performance (CAP) update.

(a) Received a thorough update from the CAP, including information about its ongoing work with the Baseball Academic Enhancement Working Group and outreach efforts to Historically Black Colleges and Universities regarding academic progress rate issues. Also, the Board received an update regarding occasion-two historical-penalties.

(b) With gratitude, affirmed the Management Council?s action in granting a two-year term extension to Walter Harrison as the CAP chair.

(3) Approved 12 Division I proposals as emergency legislation, including three proposals that may be of interest to the Association-wide group:

(a) Proposal No. 2006-109, which would specify that medical exceptions for the use of anabolic agents may be made by the Executive Committee for student-athletes with a documented medical history demonstrating the need for regular use of such drugs.

(b) Proposal No. 2006-122, which adds anti-estrogens to use of banned drugs, and specified a medical exception for student-athletes with a documented medical history demonstrating the need for regular use.

(c) Proposal No. 2006-123, which would specify that the Playing Rules Oversight Panel shall oversee the selection process for secretary-rules editors.

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

(1) Conducted a meeting on the evening of October 25 to see the preview of the video that Creative Street Media Group created, which will be rolled out at the Division II Fall Sports Festival, November 15-18. In addition, the Council viewed some of the creative work that will be displayed in the form of banners, key cards, etc.

(2) Regionalization. Held an executive session to discuss the regionalization issue in Division II. The Council voted to form a subgroup to discuss the unresolved issues with the Central Intercollegiate Athletic Association Board of Directors.

(3) Committee appointments. Presidents Council ? elected the following persons to serve four-year terms: Beverley Pitts, University of Indianapolis (Region 2); Stephen Jordan, Metropolitan State College of Denver, and Hamid Shirvani, California State University, Stanislaus (Region 4); and Barbara Dixon, Truman State University (at-large). Charles Ambrose was elected to a second year as chair of the Division II Presidents Council.

Management Council ? David Brunk, commissioner, Northeast-10 Conference, was elected chair of the Division II Management Council. His term will begin immediately following the close of the Division II Business Session at the 2007 Convention.

Other appointments to the Management Council, ratified by the Presidents Council, are: Tim Selgo, Grand Valley State University; Jim Johnson, Texas A&M University-Commerce; Karen Stromme, North Central Conference; and Ann Martin, Rocky Mountain Athletic Conference.

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

(1) Received an update on the drug education and testing pilot program. More than 140 schools have expressed interest in being one of the 100 pilot participants, beginning in 2007-08. The Council noted that all communications from the NCAA should emphasize the importance and role of the educational component of the pilot.

(2) Voted to oppose the North Coast Athletic Conference proposal to cap the Division III membership at 459 institutions, noting the following:

(a) It prefers the growth management strategies included in the pair of governance structure proposals, which collectively increase membership requirements for provisional, reclassifying and active Division III institutions.

(b) There is a membership moratorium in place to address the division?s short-term membership status. The Council supports the broader Association-wide conversation to consider subdivision of Division III or creation of a fourth division of the NCAA as a long-term option.

(3) Voted to oppose a membership-sponsored proposal to reinstate redshirting on a limited basis in the nontraditional segment. With this position, the Council committed to review and propose an alternative solution to any inequities that may exist between fall and spring sports with current eligibility regulations.

10. NCAA Executive Committee Subcommittee on Gender and Diversity Issues report. The Committee received a report on the subcommittee?s work The subcommittee received updates from the NCAA Diversity Leadership Strategic Planning Committee (DLSPC), the NCAA Committee on Women?s Athletics and the NCAA Minority Opportunities and Interest Committee. It noted that much of its time was spent discussing the recommendations being advanced by the DLSPC; the subcommittee will continue to provide feedback