REPORT OF THE JUNE 9-11, 2004, MEETING OF THE

NCAA DIVISION I ACADEMICS/ELIGIBILITY/COMPLIANCE CABINET

 

 

1.      ACTION ITEMS.

 

a.            Legislative – Requests for Legislative Action at the July NCAA Division I Management Council Meeting.  (See Attachment A for the full text of the proposals forwarded to the NCAA Division I Management Council as noncontroversial/emergency legislation.)

 

(1)     NCAA Division I Proposal No. 2004-4 (Eligibility – Progress-Toward-Degree – Hours Earned or Accepted for Degree Credit – Six-Hour Requirement).

 

(a)          Recommendation.  The NCAA Division I Academics/Eligibility/
Compliance Cabinet unanimously recommends that the Management Council adopt, as noncontroversial legislation, Proposal No. 2004-4. 

 

(b)     Rationale.  In February, the cabinet requested the Management Council adopt noncontroversial legislation to permit a student-athlete, in the final academic year of his or her designated degree program, to use credits acceptable toward any of the institution's degree programs to satisfy the six-hour requirement.  Citing concerns with the definition of "final academic year" and potential abuses that could result from the proposed change, the Management Council declined to approve the legislation as noncontroversial and instead moved the proposal into the 2004-05 legislative cycle.  During its June meeting, the cabinet clarified that the term "final academic year" is intended to include only the final two semesters or three quarters of a student-athlete's designated degree program.  Further, the exception may be applied only if the institution certifies, through review by appropriate academic officials, that the student-athlete will carry (for credit) the courses necessary to complete all applicable degree requirements within the final academic year.  Pursuant to the proposal, a student-athlete could use credits acceptable toward any of the certifying institution's degree programs to meet the six-hour requirement during his or her final academic year.  If the student-athlete fails to complete all degree requirements and receives his or her baccalaureate degree within that specified timeframe, he or she will forfeit eligibility in all sports.

 

(c)     Budget Impact.  None.


(2)     Proposal No. 2004-8 (NCAA Core-Course Review Committee).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council adopt noncontroversial legislation to eliminate the NCAA Division I Core-Course Review Committee.

 

(b)     Rationale.  Initially, the Core-Course Review Committee was responsible for developing policies related to the identification of core courses and reviewing courses in the various academic disciplines that had been denied by the NCAA Initial-Eligibility Clearinghouse for use in meeting the
initial-eligibility core-curriculum standards.  In 1999, the Core-Course Review Committee, in conjunction with the secondary-school community, successfully proposed legislation to change the definition of a core course, effectively vesting the designation of such courses with individual high schools.  This change significantly reduced the number of cases the Core-Course Review Committee reviews on an annual basis (i.e., fewer than four per year).  Because the work of the Core-Course Review Committee has significantly decreased, the committee can be eliminated, which will further reduce bureaucracy within the Association.  Finally, any issues currently under the purview of the Core-Course Review Committee, including appeals, will be handled by the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues and the NCAA Division II Academics Requirements Committee. 

 

(c)     Budget Impact.  Reduction.  Eliminates costs associated with in-person meetings and teleconferences.

 

(3)     Proposal No. 2004-9 (Committees – Legislation Review/Interpretations Subcommittee).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council adopt noncontroversial legislation to eliminate the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretation (LRIS) and establish a stand-alone committee reporting to the Management Council and composed of nine individuals, with a minimum of two individuals from each of the three subdivisions and a minimum of one director of athletics/senior woman administrator, one faculty athletics representative, one campus compliance administrator and one conference administrator.  The new stand-alone committee would assume all duties previously performed by the LRIS.


(b)     Rationale.  This proposal disbands the current LRIS and forms a new stand-alone committee reporting to the Management Council that would assume duties previously handled by the subcommittee (i.e., to interpret NCAA legislation and regulations).  The current structure of LRIS results in a loss of members when an individual changes jobs, a conference office changes cabinet representatives or terms expire on the cabinet.  This ebb and flow within the LRIS membership impacts its continuity of knowledge and the consistency of its interpretative decisions.  Its separate, stand-alone status will increase the stability of terms and improve the opportunity to maintain a consistent knowledge base.  Furthermore, the recommended composition requirements ensure appropriate representation across subdivisions and allows for perspectives from different positions involved in athletics administration.  Finally, the timing of this request as noncontroversial is critical, as it would solidify the new committee prior to the conclusion of the 2004-05 legislative cycle.

 

(c)     Budget Impact.  Travel and expenses for nine additional committee members to attend a maximum of two in-person meetings per year.   

 

b.      Legislative – Requests for Legislative Action for the 2004-05 Legislative Cycle.  (Attachment B contains the text of the amendment to Proposal No. 2003-83.  The text of all other proposals referenced in this section may be accessed through the Legislative Services Database (LSDBi) and will appear in the August 15 NCAA Division I Publication of Proposed Legislation and November 15 NCAA Division I Official Notice.)

 

(1)     Proposal No. 2003-23 (Financial Aid – Countable Financial Aid – Team Limits).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council remove from the table and forward Proposal No. 2003-23 into the 2004-05 legislative cycle, with a revision to address institutional academic scholarships and need-based institutional aid exemptions separately.

 

(b)     Rationale.  The cabinet supports the concept of the original proposal, but recognizes that issues could arise with the application of the exemption for need-based institutional financial aid and the exemption for institutional academic scholarships. Separating the two proposed exemptions will permit the membership to vote on those concepts individually.  In addition,


the cabinet noted that this proposal is not intended to prevent institutions from using either type of institutional aid to fulfill Division I membership requirements.

 

(c)          Budget Impact.  Varies.  It is permissive legislation.

 

(2)     Proposal No. 2003-24 (Financial Aid – Terms and Conditions – Period of Award).

 

(a)     Recommendation.  The cabinet recommends that the Management Council continue to table Proposal No. 2003-24.

 

(b)     Rationale.  The intent of this proposal is to address the nonrenewal of term-by-term awards.  The cabinet agreed that additional review is needed to address this issue to propose helpful changes to the renewal notification requirements.  The cabinet intends to complete its review during the 2004-05 academic year and anticipates sponsoring legislation on the issue for the 2005-06 legislative cycle.

 

(3)     Proposal No. 2002-82 (Financial Aid – Counters).

 

(a)          Recommendation.  The cabinet unanimously recommends that the Management Council remove from the table and forward Proposal No. 2002-82 into the 2004-05 legislative cycle, with a revision to alter the proposal to only eliminate the "varsity competition" provision for football and basketball.

 

(b)         Rationale.  To avoid confusion, the focus of this proposal should be eliminating the "varsity competition" provision in Bylaw 15, which states that a recruited football or basketball student-athlete who receives only institutional financial aid unrelated to athletics becomes a counter on participation in varsity competition.  References in the original proposal that specify when a student-athlete becomes a counter are purely editorial in nature and will be handled through an editorial revision.

 

(c)     Budget Impact.  None.


(4)     Proposal No. 2003-88 (as amended by 2003-88-1) (Recruiting Materials – Printed Recruiting Materials).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council defeat Proposal Nos. 2003-88 and 2003-88-1.

 

(b)     Rationale.  The proposal as amended specifies that it is not permissible for a member institution to produce a media guide in hard-copy format, but it may provide such a publication to prospects or interested parties electronically.  The cabinet instead favors a revised version of Proposal No. 2003-32, which would permit institutions to continue to publish institutional media guides and distribute to prospects, provided the guides are produced within the specified size and length limitations.

 

(c)          Budget Impact.  Varies.

 

(5)     NCAA Proposal No. 2003-32 (Recruiting – Printed Recruiting Materials).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council adopt Proposal No. 2003-32 with a revision specifying that an institution may produce one recruiting or media guide that may be distributed to prospects provided the guide includes only one color of printing inside the cover and does not exceed 8 ½" x 11" in size or 200 pages in length.

 

(b)     Rationale.  The cabinet agreed that in the spirit of deregulation, the original proposal still holds merit; however, it recognizes the need to produce a recruiting brochure for prospects as well as a hard-copy source of information for media entities.  Restricting the size and length of media guides addresses cost containment concerns, while still allowing such guides to serve a dual purpose for both prospects and media entities.

 

(c)     Budget Impact.  Varies.  Restricting the size and length of such guides will reduce publishing costs; however, moving toward a more Web-based approach could cause an increase in technology budgets.

 

(6)     Proposal No. 2003-83 (as amended by Proposal No. 2003-83-1) (Recruiting – Definitions and Applications – Prospective Student-Athlete).

 

(a)     Recommendation.  The cabinet recommends that the Management Council


sponsor an amendment to Proposal No. 2003-83 eliminating the reference to "full-time enrollment" and forward both the amendment and the base proposal into the 2004-05 legislative cycle.  [For 22, Against 14]

 

(b)     Rationale.  The cabinet discussed the proposal at length; including issues involving benefits to and restrictions on continuing student-athletes and prospective student-athletes enrolled in summer school prior to their initial full-time enrollment.  The cabinet agreed that these prospective student-athletes enrolled in summer school should be able to receive all benefits available to student-athletes.  While the cabinet recognized that the original rationale for allowing incoming student-athletes to receive summer athletics aid was to help ensure academic success, the cabinet noted that prospects will continue to participate in activities with other student-athletes regardless of classification.  Treating these individuals as student-athletes is a common sense and reasonable approach that alleviates the monitoring burden for institutional compliance administrators.

 

(c)     Budget Impact.  Varies according to the number of prospective student-athletes receiving athletics aid during the summer prior to initial full-time collegiate enrollment.

 

(7)     Proposal No. 2003-90-A (Recruiting – Definitions and Applications – Recruited Prospective Student-Athlete).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council defeat Proposal No. 2003-90-A. 

 

(b)     Rationale.  In April, Proposal Nos. 2003-90-A and 2003-90-B both were referred to the cabinet for a comprehensive discussion along with Proposal No. 2003-83.  Proposal No. 2003-90-A specifies that telephoning a prospect on more than one occasion does not cause the prospective student-athlete to be considered recruited and that the prospective student-athlete shall only be recruited if the institution issues the National Letter of Intent or written offer of athletically related financial aid.  The cabinet prefers Proposal No. 2003-90-B and opposes allowing additional telephone calls to prospective student-athletes without such calls impacting the prospect's recruited status.  Moreover, Proposal No. 2003-90-A would permit institutions to provide certain types of financial aid without having to count such aid in team limitations.  Finally, the cabinet noted that Proposal No. 2002-82, as revised, adequately addresses the financial aid issues related to the definition of a recruited student-athlete. 

 

(c)          Budget Impact.  None.


(8)     Proposal No. 2003-90-B (Recruiting – Definitions and Applications – Recruited Prospective Student-Athlete).

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council adopt Proposal No. 2003-90-B.

 

(b)     Rationale.  The cabinet prefers Proposal 2003-90-B to Proposal No. 2003-90-A, as a prospect telephoned on more than one occasion should still be considered a recruited prospective student-athlete.  In addition, the cabinet agreed that an offer of athletically related financial aid also should constitute recruitment.

 

(c)          Budget Impact.  None.

 

c.      Nonlegislative.

 

(1)     Summer Baseball League Allocations.

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council support  the dollar amounts submitted by the NCAA and Major League Baseball (MLB) concerning the allocation of funding provided by MLB for the 2004 sanctioned-baseball-summer leagues as follows:

 

Atlantic Collegiate Baseball League                                                    $30,000

Cape Cod Baseball League                                                               $95,000

Central Illinois Collegiate League                                                        $43,000

Great Lakes Summer Collegiate League                                             $45,000

New England Collegiate Baseball League                                           $45,000

New York Collegiate Baseball League  $42,000

Southern Collegiate League (new)                                                      $  5,000

Valley Baseball League                                                                      $50,000

 

(b)     Rationale.  Each year, the cabinet reviews the recommended dollar allocations presented by MLB and NCAA representatives.  The cabinet agrees with the amounts determined and suggested by MLB and the NCAA. 

 

(c)     Budget Impact.  The money is provided by MLB and, thus, there is no budgetary impact for the Association.


(2)     Identification of Institutions Qualifying for NCAA Bylaw 20.9.1.2-(d)

 

(a)     Recommendation.  The cabinet unanimously recommends that the Management Council approve, pursuant to Bylaw 20.9.1.2-(d), the exception to the minimum financial aid requirements for the 29 institutions identified for the 2004-05 year that were more than one standard deviation above the mean for the 2002-03 academic year.

 

(b)     Rationale.  The cabinet reviewed data compiled by the NCAA research staff reflecting each Division I institution's average-per-student allotment of Pell Grant dollars for undergraduate students reported to the U.S. Department of Education for the 2002-03 academic year.  The research identified those institutions with average Pell Grant allotments that were more than one standard deviation above the mean for all reporting institutions for the 2002-03 academic year.  For the 2002-03 academic year, 29 institutions exceeded the mean ($610.86) by one standard deviation ($382.03) for an exception level of $992.89.  Therefore, these 29 institutions should be permitted to use one-half the required grants of aggregated expenditure minimums set forth in Bylaws 20.9.1.2-(a), 20.9.1.2-(b) or 20.9.1.2-(c) for the 2003-04 academic year.

 

[Note:  The list of 29 institutions for the 2002-03 academic year (applicable for the listed institutions for the 2004-05 academic year) can be found in Attachment C.  The cabinet directed the staff to notify these institutions in writing that they qualify for the exception following Management Council approval.] 

 

(3)     Determination of Inflationary Adjustment to the Minimum Aggregate Expenditure per Bylaw 20.9.1.2-(b). 

 

(a)     Recommendation.  The cabinet recommends that the Management Council refer to the NCAA Division I Management Council Membership Subcommittee the annual inflationary increase to the amounts specified in Bylaw 20.9.1.2-(b).  [For 18; Against 12]

 

(b)     Rationale.  The cabinet reviewed information prepared by the research staff that recommended a 10 percent in the aggregate spending amount of the Division I membership financial aid requirements and was uncomfortable with the size of this significant suggested increase.  During the discussion, some cabinet members suggested that the Membership Subcommittee consider sponsoring legislation that would permit an


inflationary adjustment based on a review of the previous three to six years (as opposed to just the past two years), which would allow the membership to apply a less drastic increase to those dollar amounts. 

 

 

2.      INFORMATIONAL ITEMS.

 

a.      Legislative – Cabinet Sponsored Proposals Scheduled for Initial Consideration in January 2005 and Final Consideration in April 2005.  (The full text of these proposals, including rationale statements may be accessed through the LSDBi and will appear in the Division I Publication of Proposed Legislation and the Division I Official Notice.)

 

(1)     Proposal No. 2004-7 (Nonathletics Institutional Advertisements).  The cabinet sponsored legislation to permit nonathletics institutional advertisements (e.g., use of signage, booths, kiosks and distribution of printed materials) at high-school athletics events, provided: (a) the funds generated by such advertisements do not benefit the high-school's athletics program; (b) the institution's athletics department is not involved in such advertising activities; (c) athletics information is not included in the advertisements; and (d) the institution tracks the cost of these advertising activities.  Recent budget reductions have forced most college marketing directors to seek creative solutions to the problem of contacting potential students and their parents in both an efficient and effective manner.  The proposal would permit institutions to solicit potential students through nonathletics messages at high-school or two-year college athletics events attended by a large number of prospective students and their parents.

 

(2)     Proposal No. 2004-15 [General Education Diploma (GED) Test].  The cabinet sponsored legislation specifying that to satisfy the graduation component for initial-eligibility requirements, a prospective student-athlete may not take the GED earlier than the date his or her high-school class would have graduated from high school.  Also, the proposal would eliminate the one-year time-limitation for completing the GED.  The legislation has an immediate effective date to permit the clearinghouse  to follow these legislated guidelines when processing eligibility certifications for student-athletes enrolling in a collegiate institution in the fall 2005.

 

(3)     Proposal No. 2004-16 (Timing of Six-Hour and Grade-Point Average Term-By-Term Certification).  The cabinet sponsored legislation to establish an exception to the certification deadline for the six-hour and grade-point-average requirements for institutions with grade submission or posting dates subsequent to the first day of classes of the following term.  As a condition of


the exception, an institution must provide the NCAA national office the number of student-athletes permitted to compete during the grace period allowed under the exception, but ultimately declared ineligible for the term. 

 

(4)     Proposal No. 2004-17 (Eligibility for Postseason Competition – Six-Hour Requirement).  The cabinet sponsored legislation requiring an institution to certify that a student-athlete in his or her final season of competition in a sport satisfactorily completed six hours of academic credit the preceding regular academic term to be eligible for postseason competition conducted between academic terms.  Under current legislation regarding timing of certification of eligibility requirements, an institution is not required to certify completion of six hours in time to impact eligibility for events that occur between academic terms (e.g., Bowl games and NCAA Championships conducted between terms).  Under the proposal, an institution would have seven business days after the date of the last scheduled examination for the term that is ending to certify completion of six-semester or six-quarter hours of academic credit.  If the postseason event occurs within the seven-day period, eligibility shall be determined using grades from either the preceding regular academic term or from the most recent regular academic term for which grades have been posted.  The proposal is intended to ensure the continued academic progress of student-athletes in their final season of competition and to maintain the integrity and spirit of the academic reform legislation.

 

(5)     Proposal No. 2004-18 (Fourth Season of Competition – Students with Learning Disabilities).  The cabinet sponsored legislation to permit an NCAA institution to certify that a student-athlete with a diagnosed learning disability is eligible for a fourth season of competition.  Currently, the cabinet may grant a fourth season of intercollegiate competition to a student-athlete with a diagnosed learning disability provided that at the beginning of the fifth academic year following the student-athlete's initial, full-time collegiate enrollment, he or she has completed at least 75/80 percent of his or her designated degree program and certain specified procedures are satisfied.  In 2001, 2002 and 2003, the cabinet, or the NCAA membership services staff acting on behalf of the cabinet, reviewed and approved all 107 requests received.  Given that no such request has been denied in the last three years, institutions should be permitted to apply this exception on campus, without requiring verification of the procedures by the national office or the cabinet.  The proposal is consistent with the less bureaucratic/more responsive approach.  Finally, it should be noted that the proposal does not alter in any way the criteria under which a student with disabilities can earn a fourth season of competition.


(6)     Proposal No. 2004-19 (Timing of 24/36 Credit-Hour Requirement).  The Cabinet sponsored legislation to specify that a student-athlete is subject to the 24/36 credit-hour requirement prior to his or her third term or fourth quarter of full-time enrollment at a collegiate institution.  Currently, a student-athlete is required to complete 24-semester or 36-quarter hours of academic credit prior to the start of the institution's third semester or fourth quarter following initial full-time collegiate enrollment.  However, the 24/36-hour requirement originally was intended to serve as a benchmark that would guide student-athletes to satisfactorily meeting subsequent percentage-of-degree requirements (i.e., 40/60/80).  The percentage-of-degree requirements are based on the student-athlete's terms of enrollment and, as such, it is consistent to administer the 24/36-hour requirement in the same manner.

 

(7)     Proposal No. 2004-20 (Exceptions/Waivers to the Progress-Toward-Degree Requirements).  The cabinet sponsored legislation to permit a student-athlete to use hours earned during a term in which either the missed-term exception or the medical-absence waiver is applied to satisfy the 24/36-hour, percentage of degree and grade-point-average requirements.  Permitting the use of such hours to satisfy these elements of the progress-toward-degree requirements is consistent with the cabinet's intent of ensuring that students are progressing toward completion of a degree.  [Note:  Such hours still would not be applicable toward the six- or 18-hour requirement.]

 

(8)         Proposal No. 2004-21 (Maximum Institutional Grant-In-Aid Limits for Women's Gymnastics, Women's Volleyball, Women's Cross Country/Track and Field and Women's Soccer).  The cabinet sponsored legislation, effective for the 2006-07 academic year, to increase the maximum grant-in-aid limitations for four women's sports as follows:  (a) gymnastics, from 12 to 14; (b) volleyball, from 12 to 13; (c) cross country/track and field, from 18 to 20; and (d) soccer, from 12 to 14.  The cabinet also referred the proposed legislation to the NCAA Committee on Women's Athletics for possible cosponsorship and directed the NCAA staff to develop educational information related to the proposal for the membership's review during the legislative process.

 

(9)     Proposal No. 2004-22 (Maximum Institutional Grant-In-Aid Limit for Women's Rugby).  The cabinet sponsored legislation establishing the maximum institutional grant-in-aid limitation for women's rugby at 12.  The proposed limitation is based on the typical rugby squad size, reasonable number of participants required for practice and competition, injury information and a comparison with financial limitations in other sports. 


(10)   Proposal No. 2003-96 (Eligibility – Progress-Toward-Degree – Six Credit Hours – Three Calendar Day Period).  The cabinet confirmed that it does not support Proposal No. 2003-96, and instead is sponsoring Proposal No. 2004-17, which also addresses eligibility in postseason competition.

 

b.      Legislative – Pending Cabinet Sponsored Proposals Withdrawn from the Legislative Process.

 

(1)     Proposal No. 2002-81 (Financial Aid – Countable Aid – Team Limits).  The cabinet withdrew Proposal No. 2002-81 in preference of Proposal No. 2003-23, which it also sponsored.

 

(2)     Proposal No. 2002-83-B (Financial Aid – Maximum Limit on Financial Aid – Individual Limit).  The cabinet withdrew Proposal No. 2002-83-B.  Proposal No. 2002-83-B was the second of two options presented to the membership regarding individual limits on financial aid.  In April, the membership adopted the first option (Proposal No. 2002-83-A).  As such, it is no longer necessary to consider Proposal No. 2002-83-B.

 

(3)     Proposal No. 2003-36 (Recruiting – Recruiting Materials – Video/Audio Materials).  The cabinet withdrew Proposal No. 2003-36, which would permit an institution to produce nonpersonalized recruiting video/audio presentations and post such presentations on the institution's Web site and/or send them electronically to prospects.  Under the proposal, an institution also would be permitted to produce recruiting presentations that include personalized computer-generated video or audio clips, provided a prospect or images of a prospect do not appear within such a presentation.  The cabinet agreed that reducing the current restrictions on video or audio may lead to increased costs associated with advances in technology.

 

c.      Other Legislative Informational Items.

 

(1)     Editorial Revision – General Education Diploma (GED) Test Scores.  The cabinet directed NCAA staff to editorially revise Bylaw 14.3.5.2 (GED test/equivalency diploma) to include both the former (45) and current requirement (450) of a minimum average of on the five-part GED test.  The revision is necessary based on information from the American Council on Education regarding the change in the grading scale for GED exams.  Prior to 2002, the minimum required test score was 45.  In 2002, the grading process changed and the minimum passing score was 410 on each of the five parts and an overall average score of 450. 


(2)     Editorial Revision – Bylaw 14.4.3.4.11 (Distance Learning Courses).  The cabinet directed NCAA staff to editorially revise Bylaw 14.4.3.4.11 (distance learning courses) to eliminate the parenthetical phrase "(e.g., internet courses)" from the bylaw.  The Division I membership has requested clarity regarding the use of distance learning courses to satisfy progress-toward-degree requirements.  Specifically, confusion exists as to the "e.g.," within the current bylaw citing Internet courses as examples of appropriate distance learning courses.  Modernization of course format has resulted in many correspondence-type courses now being offered via the Internet.  Removing this parenthetical will clarify that Bylaw 14.4.3.4.11 does not always apply simply because a course is available online or posted on the Internet.  Rather, the structure of the course determines whether the course(s) may be used to satisfy progress-toward-degree requirements.

 

d.      Nonlegislative.

 

(1)     2004-05 NCAA Division I Compliance Forms.  The cabinet approved the 2004-05 General Amateurism and Eligibility Form for International Student-Athletes, Student-Athlete Statement, Student-Athlete Affirmation of Eligibility, Summary of NCAA Regulations Form (as revised) and Squad List (as revised).

 

(2)     Student-Athlete Involvement in Promotional Activities.  The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism regarding presentations from several Division I student-athletes, directors of athletics, and marketing/
licensing personnel on the use of a student-athlete's name or likeness on or in commercial products and other campus licensing issues.  The Subcommittee on Agents and Amateurism also reviewed a survey of institutional chief executive officers (CEO's) regarding commercialism and licensing issues, which indicated that over 80 percent of CEO's believe institutions should not sell products bearing a student-athlete's likeness.  The Subcommittee on Agents and Amateurism noted it agreed that institutions should not sell items bearing the name or likeness of student-athletes with remaining eligibility.  After a lengthy discussion, the Subcommittee on Agents and Amateurism supported a legislative concept prohibiting an institution, recognized institutional entity, conference or the NCAA from using the name or likeness of a current individual student-athlete for retail sale.  The Subcommittee on Agents and Amateurism agreed to examine this issue in greater detail during its September meeting and asked NCAA staff to gather additional information, including a survey of all Division I directors of athletics on student-athlete involvement in promotional activities.  The Subcommittee on Agents and Amateurism plans to submit legislation to the cabinet for consideration during the 2005-06 legislative cycle and, as such, will


continue to provide notice to the membership so that institutions that currently sell products bearing the name and/or likeness of student-athletes with remaining eligi­bility can plan accordingly. 

 

(3)     Revision of the Eighth-Grade Waiver Policy.  The cabinet revised the eighth-grade waiver policy to specify that the clearinghouse accept eighth-grade courses without further verification from the high school, provided the following conditions are present:  (a) The eighth-grade course appears on the high-school transcript; (b) the transcript shows a grade and credit for the eighth-grade course; (c) the course title on the transcript matches the course title on the high-school's list of approved core courses; and (d) the prospective student-athlete has made appropriate progress to the next level of a particular discipline where a progression is typically seen (e.g., if Algebra I is taken in the eighth grade, the transcript must show that the individual progressed to a higher level of mathematics in grades nine through 12).

 

(4)     Initial-Eligibility Waiver Procedures – Time Limitation to Appeal Staff Decision.  The cabinet revised the Initial-Eligibility Waiver Procedures to require an institution to notify the NCAA Division I Initial-Eligibility Waivers Committee of its intent to appeal a staff decision within 30 days from the date the institution receives written notice of such decision.  Under the current procedures, there is no time limit on filing a notice of appeal on a waiver decision issued by NCAA staff.  Establishing a time limit, prevents the staff, subcommittee and cabinet from processing and considering an appeal months or even years after the initial decision was issued.  Additionally, the time limit is consistent with the appeals procedures of other waiver processes available through the governance structure (e.g., Administrative Review Subcommittee and student-athlete reinstatement).

 

(5)     Progress-Toward-Degree Waiver Policies and Procedures Manual.  The cabinet approved the policies and procedures manual for the NCAA Division I Progress-Toward-Degree Waiver Committee.  [Reference:  full-cabinet Supplement No. 7, Attachment C.]  The approved policies and procedures will ensure consistency and enhance the efficiency and timeliness in processing progress-toward-degree waivers.  This manual will serve as a resource for NCAA staff, the Progress-Toward-Degree Waiver Committee and member institutions for procedural issues that arise during the waiver process.  The
Progress-Toward-Degree Waiver Committee previously reviewed and provided input on the policies and procedures contained in the manual. 

 

(6)     Six-Hour Requirement for Student-Athletes Enrolled in Their Final Semester/Quarter.  The cabinet requests the LRIS issue an official interpretation


specifying that a student-athlete who pursues a graduate or equivalent degree or a second undergraduate degree is not subject to the six-hour requirement immediately following the semester or quarter during which he or she completes his or her initial undergraduate program.

 

(7)         Recruiting Task Force Update.  The cabinet received a report from the NCAA Division I Academics/Eligibility Compliance Cabinet Subcommittee on Recruiting regarding the activities of the Recruiting Task Force.  Below is a summary of the Subcommittee on Recruiting's comments on the task force's recommendations.

 

Task Force Recommendation

Subcommittee Comments

Transportation:  Require institutions providing air transportation to use commercial transportation at coach-class airfare and to prohibit upgrades.

Supports.

Local Transportation:  Prohibit institutions from using special vehicles (e.g., modified with televisions or special décor or appointments) to transport prospects around campus.

Supports the recommendation, but requests the development of more specific guidelines.

Meals:  Require prospects to eat standard meals that are comparable to those provided to student-athletes; and permit a reasonable snack.

Supports the concept, but shares the Management Council's position and requests specific language as to the limitation on meals.

Lodging:  Require standard lodging that does not include special accessories (e.g., Jacuzzis, suites) that are not available generally to all guests.

Supports the recommendation, but is concerned about defining "standard" rooms as this may vary depending on the locale of the institution.

Game Day Activities:  Prohibit arrangement of miscellaneous, personalized promotional activities; and prohibit prospects from engaging in game-day activities.

Supports the concept of eliminating excesses, but noted some value in small, creative efforts (e.g., personalized jersey hanging in a locker) on the part of the institution.

 


Task Force Recommendation

Subcommittee Comments

Institutional Official Visit Policies:  Require institutions to have written policies on file; hold institutions accountable for following policies; and ensure that policies address the use of alcohol, student-host programs, unsupervised entertainment and the incorporation of academic programming. 

Generally supports the concept, but expressed  concern that policies are difficult to monitor and enforce. Recommends requiring institution to educate the prospect, the prospect's parents or guardians, the student host and the coach on the appropriate activities and behavior expected of all parties during the official visit.  In addition, clarification is needed as to the entities that may "approve" such policies and agreed that institutions should determine what types of behavior and activities are appropriate.

Other Items:  Expanding the scope of current unethical conduct regulations to include underage drinking, use of drugs, and entertainment activities; requiring a prospect and the student host to sign a form indicating that he/she will not engage in appropriate conduct during the official visit; eliminating student host money.

Recommends further discussion on these subjects, but did not support elimination of the student host money.

Concepts Not Recommended by the Task Force

Subcommittee Comments

Allowing institutions to pay the airline transportation costs of a parent/legal guardian accompanying the prospect.

Recommends permitting institutions to pay the airline transportation for a parent/legal guardian to accompany a prospect on an official visit.

Reduce the number of official paid visits from five and reduce the length of the current 48-hour time period for conducting the visit.

Recommends reducing the number of official visits from five.  Further, recommends reducing the number of official visits permitted in each sport.


 

Concepts Not Recommended by the Task Force

Subcommittee Comments

Establish an early signing date in those sports in which early signing dates currently do not exist.

No position.

Require prospects to attend class or some form of academic orientation session.

Noted that activity already occurs on campuses.  However, some cabinet members supporting a requirement for some academic component to official visits.

 

(9)     NCAA Division I Coaches Certification Test.  The cabinet reviewed a proposed resolution from the Big Ten Conference that seeks a review of the current content and administration of the Division I coaches certification exam.  The Subcommittee on Recruiting directed staff to gather input from those charged with developing the test and other constituent groups (e.g., coaches associations, FARA) for future review by the Subcommittee on Recruiting; however, it did not support a legislative proposal at this time.

 

(10)   Amateurism status of domestic teams.  The Subcommittee on Agents and Amateurism deferred action on a referral from the Management Council regarding the receipt of expenses and benefits by student-athletes participating on domestic amateur teams.  The NCAA staff was directed to collect information regarding the scope of this issue so the Subcommittee on Agents and Amateurism can address it during its September meeting.

 

 

 

Cabinet Chair:  Alan Hauser, Appalachian State University, Southern Conference

Cabinet Liaisons:     Julie Cromer, Membership Services

                                 Diane Dickman, Membership Services

                                 Kevin Lennon, Membership Services