REPORT OF THE JUNE 19-21, 2002 MEETING OF THE

REPORT OF THE JUNE 19-21, 2002, MEETING OF THE

NCAA DIVISION I ACADEMICS/ELIGIBILITY/COMPLIANCE CABINET

1. ACTION ITEMS.

a. Legislative. (See Attachment A for the full text of the proposals.)

(1) Proposal No. 02-39 ? Amateurism ? Definition of Professional Team ? Prize Money Event ? Olympic/National Team.

(a) Recommendation. The cabinet unanimously recommends that the NCAA Division I Management Council sponsor emergency legislation to provide an exception to the new definition of a professional team (Proposal No. 01-96) to permit student-athletes to compete on Olympic or national teams for prize money, provided the student-athlete does not accept prize money or any other compensation (other than actual and necessary expenses).

(b) Rationale. This proposal originated from the NCAA Olympic Sports Liaison Committee (OSLC) and is designed to promote student-athlete welfare by allowing student-athletes to gain the beneficial experience of competing at the international level. Student-athletes who are chosen to be members of the national and Olympic team should not be hindered in any way from fully participating in such activities. Further, this proposal is consistent with several exceptions that have already been legislatively approved for Olympic and national level competitive activities.

(2) Proposal No. 02-40 ? Recruiting Calendar ? Women?s Volleyball ? Winter High School Volleyball.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor legislation to modify the recruiting calendar in the sport of women?s volleyball to permit contacts and evaluations during a quiet period in states that conduct the high school volleyball season during the winter.

(b) Rationale. In the state of Michigan, the high-school competitive season is conducted from December through March, which results in a significant portion of the volleyball season occurring during a quiet period. The proposed accommodation for states that conduct women?s volleyball in the winter is consistent with the accommodations that have been provided in the sports of women?s basketball for states with nontraditional competitive seasons. In addition, the proposal permitting both contacts and evaluations during the quiet period (i.e., January 1 through the Friday prior to President?s weekend tournaments) will provide recruiting equity for prospects in the state of Michigan.

(3) Proposal No. 02-41 ? Recruiting Calendar ? Women?s Basketball ? USA Olympic Festival.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor noncontroversial legislation to eliminate NCAA Bylaw 30.11.2-(l), which permits coaches in the sport of women?s basketball to evaluate prospects during official tryouts for the USA Basketball Olympic Festival.

(b) Rationale. Currently, the USA Basketball Olympic Festival has been discontinued for several years and the governing body has indicated that there are no plans in the future to conduct the festival in future years. Thus, it no longer is necessary to provide for an exception to the recruiting calendar to permit coaches to evaluate prospective women?s basketball student-athletes engaging in official tryouts for the festival. Such legislation has resulted in confusion among the membership, particularly as it relates to attempts to apply the legislation to other events.

(4) Proposal No. 02-42 ? Recruiting Calendars ? Men?s Basketball.

(a) Recommendation. The cabinet unanimously recommends that the Division I Management Council sponsor emergency legislation to amend Bylaw 30.11.1-(a) to revise the fall contact period in men?s basketball to conclude October 5 (as opposed to October 14).

(b) Rationale. In 2002, the October contact period again overlaps with the beginning of men?s basketball practice. Legislation was adopted for the 2001 period to address this issue, but the National Association of Basketball Coaches (NABC) believes that it is more appropriate to approve permanent legislation to conclude the fall contact period on October 5. This proposal would permit coaches ample time to recruit and return to campus to prepare for the beginning of on-court basketball practice.

(5) Proposal No. 02-43 ? Eligibility ? Collegiate Institution and Nonrecognized College.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor emergency, noncontroversial legislation to amend Bylaws 14.2.3 and 14.2.2.2 to specify that a nonrecognized college is one that is not accredited at the college level by an agency or association recognized by the Secretary of the Department of Education, and legally authorized to offer at least one-year program of study credible toward a degree.

(b) Rationale. Currently legislation that defines a collegiate institution has become outdated. Such definition was based upon a classification system that is no longer used by the United States Department of Education. This proposal will clarify the definition of a collegiate institution and assist institutions in certifying whether a student?s five-year period of eligibility has started.

b. Nonlegislative.

(1) Advisory Appointments.

(a) Recommendation. The cabinet unanimously recommends that the Management Council appoint two current members of the NCAA Division I Committee on Financial Aid (Christopher Walsh, Syracuse University and Marvin Carmichael, Clemson University) to the cabinet to serve in an advisory capacity.

(b) Rationale. With the adoption of Proposal No. 2001-94, effective September 1, the cabinet will assume the duties of the Division I Committee on Financial Aid. The cabinet will expand to include two financial aid directors, one from a public institution and one from a private institution, as members of the cabinet in an advisory capacity. The committee noted that Mr. Walsh and Mr. Carmichael are familiar with the NCAA governance structure and have demonstrated expertise in NCAA financial aid matters. Their appointment will help support the committee?s transition into the cabinet as a subcommittee and ensure the continuity of current committee members through the deregulation process. That familiarity and expertise will complement the goals and priorities of the cabinet.

(2) Reinstatement Philosophy Applicable to Amateurism Violations.

(a) Recommendation. The cabinet unanimously recommends that the Management Council support the reinstatement philosophy developed by the NCAA Student-Athlete Reinstatement Committee (Attachment B) as applied to cases involving amateurism violations involving prospective student-athletes.

(b) Rationale. The proposed reinstatement philosophy will clarify the consequences of violating current NCAA amateurism rules. The Student-Athlete Reinstatement Committee is recommending these consequences as a result of recent actions taken by the Management Council and the NCAA Division I Board of Directors related to individuals accepting prize money above expenses, entering into professional contracts and competing with and/or accepting improper expenses or salaries from a professional team. The number of amateurism reinstatement cases has increased over the years, necessitating the need for clear and thoughtful reinstatement philosophies for amateurism violations that will benefit prospective student-athletes, athletics administrators and coaches during the recruiting process.

2. INFORMATIONAL ITEMS.

a. Legislative.

[Note: Item Nos. 1 through 5 are listed as informational items inasmuch as the July Management Council meeting is a nonlegislative meeting. Such items will appear as action items in the report to be reviewed by the Management Council at its October meeting.]

(1) Telephone Calls ? Women?s Basketball.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor legislation to reduce from four to three the number of permissible telephone calls with prospective women?s basketball student-athletes during the period of June 21-July 31.

(b) Rationale. A reduction in the number of telephone calls to prospective women?s basketball student-athletes will be less intrusive to prospects who are participating in competitive activities during July and provide more flexibility for such calls to be conducted during the month of June.

(2) Recruiting ? Women?s Basketball ? Summer Contacts.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor legislation that would prohibit institutional staff members in attendance at nonscholastic certified summer events from having any communication with the prospect, the prospect?s relatives or legal guardians, the prospects coach, or any individual associated with the prospect as a result of the prospect?s participation in basketball during the time period in which the prospect is participating in a noninstitutional, organized certified event. Such a restriction would be applicable to all types of interaction (e.g., in-person contact, telephone calls, letters, facsimiles, pager).

(b) Rationale. This proposal is identical to legislation applicable in men?s basketball and serves to reinforce that a collegiate coach?s attendance at events during the July period should be for observation only and not a venue whereby contacts with outside influences are designed to be made in an effort to recruit particular women?s basketball prospects. Such legislation should also create a less intrusive environment for prospects during the July evaluation period.

(3) Recruiting Materials ? Proposal No. 01-76-1.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor an amendment to Proposal No. 01-76 specifying that camp brochures be restricted to a single two-sided sheet, not to exceed 17 inches by 22 inches when opened in full, without restrictions in content or design. [For 32, against 2, abstain 0]

(b) Rationale. The proposed restriction is consistent with deregulation efforts and would decrease the amount of time and resources devoted by institutional, conference and NCAA staff members in interpreting and enforcing regulations related to camp brochures.

(4) Amateurism ? Professional Draft ? Basketball.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor legislation to permit currently enrolled prospective student-athletes attending two-year collegiate institutions to enter a professional league?s draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the individual is not drafted by any team in that league and the individual declares his or her intention to resume intercollegiate participation within 30 days after the draft.

(b) Rationale. Currently, two-year college prospective student-athletes in the sport of men?s basketball are the only individuals who may not enter to enter the draft without immediate eligibility consequences. Recently, the membership approved legislation (Proposal No. 99-107) to permit prospective student-athletes to enter the draft. Further, current legislation permits an enrolled student-athlete to enter a professional league?s draft one time during his or her collegiate career without jeopardizing eligibility in that sport, provided the student-athlete is not drafted by any team in that league and the student-athlete declares his or her intention to resume intercollegiate basketball participation within 30 days after the draft. This proposal would provide an equitable opportunity for two-year college students by imposing a comparable standard that exists for currently enrolled student-athletes.

(5) Eligibility ? Percentage of Degree Requirements ? National Service Academies.

(a) Recommendation. The cabinet unanimously recommends that the Management Council sponsor legislation for student-athletes who transfer to a national service academy to specify that the percentage of degree requirements are applicable only to the years of the student-athlete?s enrollment at the service academy.

(b) Rationale. Federal law specifies that students must attend a national service academy not less than eight full semesters, regardless of any prior enrollment or academic performance at another collegiate institution. The academies do not accept any credit from previously-attended institutions and, thus, student-athletes who transfer to a service academy have no realistic opportunity to satisfy the continuing-eligibility regulations related to percentage-of-degree requirements.

b. Nonlegislative.

(1) Disability Waivers. The cabinet unanimously agreed to revise the disability services procedures to require all waivers for students with disabilities to be filed by institutions, effective with the 2003-04 academic year (i.e.; at the conclusion of the Association?s current consent decree with the United States Department of Justice). Recent initial-eligibility waiver reports have indicated that a vast majority of self-filed waivers for students with disabilities were filed by students who ultimately never participated in intercollegiate athletics at an NCAA institution. This results in the review of an inordinate number of waivers by students who eventually will not be student-athletes. A requirement that all waivers for students with disabilities be filed by institutions will enable institutions to assess the academic profile of students and to identify the potential accommodations such students with disabilities may need to academically succeed. The reduction in the number of waivers will facilitate quick and efficient subcommittee review and will significantly reduce the backlog caused by the overwhelming number of self-filed waivers. It should be noted that students with disabilities will have the same opportunity to access the initial-eligibility waiver process as all other individuals under this policy change.

(2) Review of Recruiting Examination Procedures. The cabinet engaged in a thorough discussion regarding a request from the Collegiate Commissioners Association of Compliance Administrators (CCACA) to modify the coaches recruiting examination certification procedures to permit the designation of an institution?s compliance coordinator as a permissible proctor of the examination. It was noted that the scoring of the examination would still be conducted by an individual outside the institution?s athletics department. The consensus of the cabinet was to continue the policy that requires the recruiting examination to be proctored by an individual outside the athletics department. [Note: By a straw vote of 23-10, the cabinet agreed that it was not appropriate for compliance coordinators to administer the coaches recruiting examination.]

(3) Clarification of Bylaw 30.11.4 (Proposal No. 2000-83) ? Recruiting Evaluations ? Softball. The NCAA Division I Academics/Eligibility/ Compliance Cabinet Recruiting Subcommittee reviewed current Bylaw 30.11.4 (approved as Proposal No. 2000-83), which permits coaching staff members in the sport of softball to evaluate prospects during high-school regional and state championships. The subcommittee, after consulting with the original sponsors of the proposal (National Fast Pitch Coaches Association), noted that the original intent of the legislation was to preclude coaches from evaluating such competitions during a recruiting dead period. The legislation was specific to high-school regional and state championships that occur during a recruiting quiet period. Thus, the subcommittee recommended that the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations issue an interpretation consistent with the intent of the proposal. [Note: it appears that inasmuch as there is sufficient documentation and testimony in the rationale statement to establish clearly that the wording of the current legislation is consistent with the intent, it is more appropriate for the Management Council to approve this change through its authority set forth in NCAA Constitution 5.4.1.1.1 (modification of wording). The suggested change will be handled by the Management Council when it takes action on proposals set forth in the legislative supplements.]

(4) Reinstatement Conditions for Enrolled Student-Athletes. The cabinet, on the recommendation of the Student-Athlete Reinstatement Committee, unanimously supported a policy change to the reinstatement conditions to treat violations involving enrolled student-athletes receiving extra benefits (Bylaw 16) and enrolled student-athletes receiving preferential treatment (Bylaw 12.1.1.1.6) similarly. Such a change will be effective for impermissible prize money accepted after September 1. With the policy change, an enrolled student-athlete who accepts prize money would be required to pay the impermissible money and be withheld from competition, based on the committee?s December 2000 directive related to the receipt of improper benefits. The committee noted that enrolled student-athletes should be held to a higher standard that prospective student-athletes, given the rules education that is available and should be provided to each student-athlete at the institutional level.

(5) Student-Athlete Reinstatement Policies and Procedures. The cabinet unanimously approved proposed modifications to the Student-Athlete Reinstatement Committee?s policies and procedures. Such changes affect the following three areas of the reinstatement process:

(a) Clarification of the process for re-opening a case as a result of the institution obtaining new information that did not exist at the time of the original appeal, but became available to the student-athlete and the institution subsequent to the case decision.

(b) Clarification of a withholding condition, specifically which competition must be used to fulfill a reinstatement condition.

(c) Required completion of a form in order to process an appeal to the committee. Such a form will assist institutions in emphasizing pertinent information to the committee, especially relevant case precedent and rationale for appealing the staff decision.

(6) International Student-Athlete Form. The Student-Athlete Reinstatement Committee proposed significant revisions of the current international student-athlete eligibility form, which will be reviewed by the NCAA Division I Management Council Administrative Committee.

(7) Professional Predraft Camp. The Student-Athlete Reinstatement Committee will sponsor legislation to be reviewed by the cabinet during its September meeting to permit a student-athlete to participate at the professional predraft camps and to receive expenses from a professional organization to participate in such a camp without jeopardizing eligibility, provided the student-athlete uses the draft exception set forth in Bylaw 12.2.4.2.1.

(8) Olympic Developmental Soccer Programs. The Subcommittee on Legislative Review/Interpretations received information submitted by the Unites States Soccer Federation regarding its Olympic development program and referred the issue to the OSLC and the NCAA Division I Championships/Competition cabinet Playing and Practice Seasons Subcommittee for additional input. The subcommittee expressed concern regarding the program and whether it meets the intent of the legislative exception that permits coaches to be involved with their own student-athletes in such programs.

(9) Nonconsent Package ? Financial Aid Deregulation. The Committee on Financial Aid reviewed its deregulation foundation topics and recommended that legislation be drafted for its review in September in the following areas:

(a) Countable aid.

Financial aid that would be countable towards an institution?s team limits includes:

? Institutional financial aid based on athletics ability.

? Outside financial aid in which athletics is a major criterion (a student must be a student-athlete to receive the aid).

(b) Counter vs. noncounter.

A student-athlete?s counter status would no longer be contingent on the recruited status of the student-athlete. A student-athlete would become a counter when he or she receives:

? Institutional financial aid based on athletics ability (or receipt of benefits associated with an award package).

? Outside financial aid in which athletics is a major criterion (a student must be a student-athlete to receive the aid).

Option A:

A student-athlete?s individual limit would be equal to the cost-of-attendance and would include:

? Institutional financial aid based on athletics ability, and

? Outside financial aid in which athletics is a major criterion up to a full grant-in-aid, plus

? Any other financial aid not based on athletics ability (a student must not be a student-athlete to receive the aid) up to the cost-of-ttendance as defined by each institution and consistent with federal financial aid program regulations, or the value of a full grant-in-aid plus a Pell grant, whichever is greater.

Option B:

A student-athlete?s individual limit would be equal to the cost-of-attendance.

[Note: The committee will formally recommend that the cabinet support these legislative concepts at its September meeting. Rationale for the proposed changes will be provided at that time.]

*IN PROGRESS*
NO. 02-39			AMATEURISM ? DEFINITION OF PROFESSIONAL TEAM ? PRIZE MONEY EVENT ? OLYMPIC/NATIONAL TEAM
Intent: To provide an exception to the new definition of a professional team (Proposal No. 01-96) to permit student-athletes to compete on Olympic or national teams that are competing for prize money, provided the student-athlete does not accept prize money or any other compensation (other than actual and necessary expenses).
A. Bylaw: Amend 12.02.4, page 69, as follows:
	"12.02.4 Professional Athletics Team. A professional team is any organized team that:
	[12.02.4-(a) unchanged.]
	"(b)	Declares itself to be professional (see Bylaw 12.1.1.4.1.1)."
B. Bylaw: Amend 12.1.1.4 by adding new 12.1.1.4.1.1, pages 72-73, as follows:
	"12.1.1.4.1.1 Exception for Participation in Prize Money Events with Olympic/National Teams. It is permissible for student-athletes (as opposed to prospects) to participate on Olympic or national teams that are competing for prize money, provided the student-athlete does not accept prize money or any other compensation (other than actual and necessary expenses)."
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and Amateurism).
Effective Date: Immediately.*
Rationale: This proposal originated from the NCAA Olympic Sports Liaisons Committee and is designed to promote student-athlete welfare by allowing student-athletes to gain the beneficial experience of competing at the international level. Student-athletes who are chosen to be members of the national and Olympic teams should not be hindered in any way from fully participating in such activities regardless of whether the team is competing for prize money. Further, this proposal is consistent with several exceptions that already have been legislatively adopted permitting student-athletes to participate in Olympic and national level competitive activities.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time: Time associated with participating on Olympics or national teams.

*IN PROGRESS*
NO. 02-40			RECRUITING CALENDAR ? WOMEN'S VOLLEYBALL ? WINTER HIGH SCHOOL VOLLEYBALL
Intent: In women?s volleyball, to permit contacts and evaluations during a quiet period in those states that conduct the high school volleyball season during the winter.
Bylaws: Amend 30.11.6, page 385, as follows:
	"30.11.6 Women's Volleyball. The following contact and evaluation periods shall apply to women's volleyball:
	[30.11.6-(a) through 30.11.6-(e) unchanged.]
	"(f)	The following state-specific contact and evaluation times are permissible:
		"(1)	In those states that play the high school volleyball season in the winter, contacts and evaluations shall be permissible January 1 through the Friday prior to Presidents? Weekend tournaments."
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Recruiting).
Effective Date: Immediately.*
Rationale: In Michigan, the competitive high-school volleyball season is conducted from December through March, which results in a significant portion of the volleyball season occurring during a quiet period. The proposed accommodation for states that conduct women?s volleyball in the winter is consistent with accommodations that have been provided for states with nontraditional women's basketball competitive seasons. In addition, permitting both contacts and evaluations during the quiet period (i.e., January 1 through the Friday prior to Presidents? Weekend tournaments) will provide recruiting equity for prospects in the state of Michigan.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time: None.

*IN PROGRESS*
NO. 02-41			RECRUITING ? WOMEN'S BASKETBALL ? USA OLYMPIC FESTIVAL
Intent: In women's basketball, to delete the provision permitting coaches to evaluate prospects during official tryouts for the USA Basketball Olympic Festival.
A. Bylaws: Amend 13.1.8.9.2, page 98, as follows:
	"13.8.9.2 Women's Basketball?Olympic Festival Tryouts. Evaluation on more than one day at official tryouts for the USA Basketball Olympic Festival conducted during a permissible evaluation period (see Bylaw 30.11.2) shall count as a single evaluation period for women's basketball."
B. Bylaws: Amend 30.11.2, pages 382-83, as follows:
	"30.11.2 Basketball, Division I Women?s. The following contact and evaluation periods shall apply to women?s basketball ~~in Division I~~:
	[30.11.2-(a) through 30.11.2-(k) unchanged.]
	" ~~(l)~~	~~During official tryouts for the USA Basketball Olympic Festival:~~		~~Evaluation Period~~"
	[30.11.2-(m) renumbered as 30.11.2-(l).]
Source: NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Recruiting).
Effective Date: Immediately.*
Rationale: The USA Basketball Olympic Festival has been discontinued for several years, and the governing body has indicated that there are no plans to conduct the festival in future years. Thus, it no longer is necessary to provide for an exception to the recruiting calendar to permit coaches to evaluate prospective women?s basketball student-athletes engaging in official tryouts for the festival. Such legislation has resulted in confusion among the membership, particularly as it relates to attempts to apply the legislation to other events.
Estimate Budget Impact: None.
Impact on Student-Athlete's Time: None.

*IN PROGRESS*
NO. 02-42		RECRUITING CALENDARS ? MEN?S BASKETBALL
Intent: In men's basketball, to revise the fall contact period to end on October 5.
Bylaws: Amend 30.11.1-(a), page 373, as follows:
	"30.11.1 Basketball, Men?s. The following contact and evaluation periods shall apply to men?s basketball:
	&qu