REPORT OF THE FEBRUARY 16-18, 2005

NCAA DIVISION I ACADEMICS/ELIGIBILITY/COMPLIANCE CABINET

 

 

1.      ACTION ITEMS.

 

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

 

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

 

(a)     Recommendation.  The NCAA Division I Academics/Eligibility/Com-pliance Cabinet requests that the Management Council adopt Proposal No. 2003-24 as emergency legislation with the following amendments:  (1) allow institutions to award athletically related financial aid to a student-athlete for a period of less than a full academic year when the student-athlete is enrolled in the final semester or the final quarter(s) of his or her baccalaureate program and the institution certifies that the student-athlete is carrying (for credit) the courses necessary to complete degree requirements and (2) require institutions to offer full academic year awards in equal amounts for each term of the academic year.  [For 28, against 1]

 

(b)     Rationale.  This first amendment addresses the membership's concern regarding institutional autonomy and discretion to award aid for less than a full academic year when a student-athlete will graduate midyear and not return to the institution.  In such cases, an institution should not be required to offer a full year of aid.  The second amendment addresses concerns about the practice of offering an incoming student-athlete a scholarship that is not equally divided between each term, thus permitting a tryout situation to occur during the fall term.  For example, the current legislation allows an institution to offer an incoming freshman a 70 percent scholarship with 20 percent of the yearly amount (40 percent for the semester) awarded in the fall and the other 50 percent (i.e., a full scholarship) awarded in the spring term.  Such an arrangement permits a coach to use the fall term as a "tryout" given that the institution could recoup the remaining 50 percent (a full scholarship for the spring term) and re-award it to another student-athlete in the spring term.

 

(c)     Budget Impact.  None.


(2)     Proposal No. 2005-2 – Executive Regulations – Summer Baseball – Certification Requirement.

 

(a)     Recommendation.  The cabinet unanimously requests that the Management Council adopt noncontroversial legislation, effective immediately, eliminating the summer baseball certification process.

                    

(b)     Rationale.  Historically, summer baseball league certification was a process through which Major League Baseball could provide financial support to summer baseball leagues using the NCAA as the administrator of the funds to prevent jeopardizing the amateur status of student-athletes participating in those leagues.  Recent changes in the definition of a professional team now permit a professional sports team to donate money to an amateur team without jeopardizing the amateur status of the participants.  Currently, there are numerous summer baseball leagues that operate without NCAA certification.  All student-athletes, including those who have participated in certified summer leagues, must follow, and will be required to continue to follow, legislation that exists in other parts of the NCAA Division I Manual (e.g., NCAA Bylaws 12, 14, 16 and 17).  Therefore, Bylaw 30.15 is no longer necessary.  Further, elimination of this program will greatly reduce the administrative bureaucracy for the membership, student-athletes and the national office.  The cabinet is supportive of this noncontroversial proposal after receiving the recommendation from both the NCAA Division I Championships/Competition Cabinet and the NCAA Division I Baseball Committee.  Finally, the elimination of the certification program will not have a negative impact on student-athlete well-being, recruiting or intercollegiate baseball competition.

 

(c)     Budget Impact.  Potential administrative cost savings.

 

(3)     Proposal No. 2005-3 – Administrative Regulations – Final Four Basketball Event Certification – Mileage Radius.

 

(a)     Recommendation.  The cabinet requests that the Management Council adopt noncontroversial legislation, effective immediately, eliminating the requirement that participants in a Final Four basketball event practice and be housed outside of a 30-mile radius of the championship site.  [For 28, against 1]

 

(b)     Rationale.  Currently, high-school all-star participants in Final Four events must practice and be housed 30 miles from the Final Four site venue.  Operators (e.g., coaches associations who operate the events) of such events often have difficulty arranging appropriate lodging, practice sites and transportation for the participants due to the requirements.  Furthermore, lodging the all-stars 30 miles outside of the host city limits the experience for all individuals involved in the event.  Finally, participants could be housed within the downtown area or in close proximity to the Final Four activities without placing the coaches and student-athletes in a compromising recruiting position.

 

(c)     Budget Impact.  None.

 

(4)     Proposal No. 2005-4 – Amateurism – Promotional Activities – Appearance in Commercial Films

 

(a)     Recommendation.  The cabinet unanimously requests that the Management Council adopt noncontroversial legislation, effective immediately, eliminating the current restriction on footage of an institution's intercollegiate contest or event or individual performance of a student-athlete.

 

(b)     Rationale.  Under the current media activities legislation a student-athlete may participate in radio and television programs, writing projects and commercial films, provided the activity meets certain criteria.  These criteria include restrictions prohibiting the student-athlete from accepting compensation or endorsing a commercial product. Expanding the application of the media activities legislation to include footage of an institution's intercollegiate game or event or the student-athlete's individual performance will create consistency in legislation while not compromising amateurism principles or student-athlete well-being since the game footage has been filmed or recorded.  The change also will eliminate the need for unnecessary reinstatement requests when footage appears in a commercial film without the knowledge of the institution or student-athlete. 

 

(c)     Budget Impact.  None.

 

(5)     Proposal No. 2005-5 – Amateurism – Promotional Activities – Institutional, Charitable, Educational or Nonprofit Promotions – Mileage Restriction

 

(a)     Recommendation.  The cabinet unanimously requests that the Management Council adopt noncontroversial legislation, effective immediately, eliminating the mileage restriction on promotional activities for which a student-athlete may receive expenses.

 

(b)     Rationale.  A blanket NCAA Division I Administrative Review Subcommittee (ARS) waiver has been granted for institutions that eliminates the mileage restriction associated with permissible promotional activities; however, that waiver will expire at the conclusion of the 2004-05 academic year.  Furthermore, the decision to provide expenses to student-athletes for permissible promotional activities should be left to the discretion of the institution.  The other requirements of the current legislation, including no missed class time, would remain.  Lastly, ARS case precedent indicates 21 of the 33 ARS requests received to waive Bylaw 12.5.1.1 involved the mileage restriction and all were granted except one, which included a request for the student-athlete to also miss class.

 

(c)     Budget Impact.  Possible additional costs to institutions that choose to provide expenses for activities that occur more than 100 miles from campus or in another state.

 

(6)     Proposal No. 2005-6 – Amateurism – Employment – Employment on a Commission Basis.

 

(a)     Recommendation.  The cabinet unanimously requests that Management Council adopt noncontroversial legislation, effective immediately, to eliminate restrictions on commission-based employment for student-athletes.

 

(b)     Rationale.  This legislation is unnecessary because legislation already exists governing student-athlete employment and compensation.  Specifically, Bylaw 12.4.1.1 addresses remuneration based on athletics reputation and indicates that a student-athlete may only be paid for work actually performed and at a rate commensurate at the going rate in that locale.  Further, as written, the current legislation attempts to legislate a separation between a student-athlete's reputation from his or her role as an employee.  In practice, this separation is impossible to enforce without denying a student-athlete employment opportunities.  This proposal would prevent an employer from exploiting the student-athlete employee's athletics reputation for its own gain, but does so without restricting his or her ability to find work.  Finally, the proposed change is consistent with previous deregulation efforts to remove repetitive legislation. 

 

(c)     Budget Impact.  None.

 

(7)     Proposal No. 2005-7 – Recruiting – Employment at Camp or Clinic – Student-Athletes.

 

(a)     Recommendation.  The cabinet unanimously requests the Management Council adopt noncontroversial legislation, effective immediately, eliminating the limitation on the time spent on coaching and officiating duties by a student-athlete employed at a sports camp or clinic.

 

(b)     Rationale.  Under the current legislation, coaching and officiating assignments shall not represent more than 50 percent of the student-athlete's work time at a sports camp or clinic.  Consistent with the typical duties of a counselor at a camp or clinic, this proposal continues to require a student-athlete to perform supervisory duties in addition to coaching and officiating duties, but does not require a set percentage for any one responsibility.  Additionally, other requirements regarding a student-athlete's employment at institutional camps or clinics, including compensation to the student-athlete and restrictions related to the student-athletes who only lecture or demonstrate, will remain in place to prevent any possible abuses. 

 

(c)     Budget Impact.  None.

 

(8)     Proposal No. 2005-8 – Financial Aid – Squad Lists – Drug Testing.

 

(a)     Recommendation.  The cabinet unanimously requests that the Management Council adopt noncontroversial legislation, effective immediately, specifying that an institution is not required to place a student-athlete who is "trying out" for a team on the squad list form for 14 days from the date the student-athlete first engages in countable athletically related activities or until the institution's first competition, whichever occurs earlier.  [Note: The institution still is required to have all student-athletes complete the drug testing consent form (per Bylaw 14.1.4) prior to the first practice and maintain a current roster of all student-athletes participating with the team, including those students-athletes trying out for the team, in order to facilitate any random drug testing request.]

 

(b)     Rationale.  The cabinet reviewed an ARS blanket waiver related to this issue and a request from a conference office to propose legislation to make the waiver permanent.  The rationale for the waiver noted the significant administrative burden on institutions to include potentially hundreds of student-athletes on the squad list who will not be members of the team as of the first contest or date of competition.  The intent of the legislation (to ensure an accurate list of student-athletes subject to random drug testing) will not be compromised and this modification will alleviate an unintended consequence of the change to year-round drug testing in all sports.

 

(c)     Budget Impact.  None.

 

(9)     Modification of Wording – 2005-1 – Financial Aid – Exempted Government Grants.

 

(a)     Recommendation.  The cabinet unanimously requests that the Management Council approve a modification of wording based on intent to remove Pell Grants from the list of government grants exempted when determining a student-athlete's cost of attendance.

 

(b)     Rationale.  The cabinet reviewed Bylaw 15.1.1, questions related to its application and its apparent conflict with Bylaw 15.2.5.1-(e).  The cabinet reaffirmed that the intent of Proposal No. 2002-82-A was to restrict a student-athlete's individual maximum limit on financial aid to either the student-athlete's cost of attendance or the value of a full grant-in-aid plus the student-athlete's Pell Grant, whichever is greater.  Based on this established limit, it is not possible to exclude a student-athlete's Pell Grant from the calculation of student-athlete's maximum limit.  Further, this modification would help ensure that all institutions are consistent in the application of the maximum individual limitation.

 

(c)     Budget Impact.  None.

 

 

2.      INFORMATIONAL ITEMS.

 

a.      Legislative – Cabinet Sponsored Amendments to Amendments Scheduled for Final Consideration at the April 2005 Management Council Meeting.  

 

(1)     Proposal No. 2003-32-1 – Recruiting – Printed Recruiting Materials.  The cabinet unanimously sponsored an amendment to amendment to Proposal No. 2003-32, which specifies that the current regulations governing electronic transmission still apply and permitting institutions to increase from 200 to 208 the number of pages in a media guide.  The base proposal does not specifically address electronic transmissions and the cabinet agreed that it did not intend to preclude this type of correspondence.  As to the media guides, in the production process, the press runs pages in sets of 16 called signatures.  A 208-page guide allows for 13 signatures and would cost institutions no more additional expense than it would to publish a 200-page media guide.

 

(2)     Proposal No.  2004-119-B-1 – Recruiting – Contacts and Evaluations.  The cabinet unanimously reaffirmed its support for Proposal No. 2004-119-B, and sponsored an amendment to amendment that would reinstate the April contact period to observe nonscholastic events that are approved, sanctioned, sponsored or conducted by the applicable state or national high-school, preparatory school or two-year college association only on weekends during which national standardized tests are not administered.  The amendment to amendment also would increase from 120 to 130 the number of recruiting-person days.  The cabinet supported the more flexible recruiting calendar for institutions without the provision to permit prospects to engage in tryouts.  Both parts of the amendment to amendment were supported by the National Association of Basketball Coaches (NABC) Special Committee on Recruiting and Access and are reasonable compensation for the elimination of the proposed tryout.

 

b.      Legislative – Comments on Proposals Scheduled for Final Consideration at the April 2005 Management Council Meeting.

 

(1)     Proposal No 2003-16 – Eligibility – Change in Eligibility Status – Exception.  The cabinet unanimously supports the proposal as amended.  The recent amendment did not compromise the intent of the base proposal, which is to provide relief for those institutions whose grades are posted or submitted on or after the first day of classes.

 

(2)     Proposal No. 2003-19 – Eligibility – Fulfillment of Credit-Hour Requirements – 24-Semester/36-Quarter Hour Requirement.  The cabinet reviewed the effective date of Proposal No. 2003-19 and verified that the proposal's effective date should apply to eligibility certifications that occur on or after August 1, 2005.  The cabinet also noted that the proposal is intended to affect student-athletes who initially enrolled in collegiate institutions as full-time students on or after August 1, 2003

 

(3)     Proposal No. 2003-32 – Recruiting – Printed Recruiting Materials.  The cabinet confirmed that an institution may not produce a separate media book that contains information previously included in the media guide (e.g., historical information, records) and recommended that the NCAA Division I Legislative Review Interpretations Committee issue an official interpretation on the matter.  The cabinet further noted that an institution could post such information on its Web site and print in its original form for distribution to the media.

 

(4)     Proposal No. 2004-60 – International Student-Athlete Clearinghouse.  The NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism discussed Proposal No. 2004-60 and strongly encouraged the staff to continue to develop a model for the International Student-Athlete Clearinghouse.  The subcommittee emphasized that the philosophy that surrounds amateurism should not be compromised because of financial concerns and feasibility of an international amateurism clearinghouse.  Therefore, the subcommittee noted that viable options for a clearinghouse with appropriate considerations being given to resources should be addressed while recognizing the amateurism legislation that currently exists.  Furthermore, the subcommittee noted that this concept has support from the membership (including the Conference Commissioners Association of Compliance Administrators and the Division I Student-Athlete Advisory Committee) and should continue to be considered by the membership.  The subcommittee requested that the staff bring a potential clearinghouse model to the June meeting for review and with the anticipation of a recommendation being forwarded to the cabinet for review and discussion.  The subcommittee encourages cabinet members that if they believe that this is a significant and timely issue that they have conversations with their university presidents and conference commissioners.

 

(5)     Proposal No. 2004-69 – Recruiting – Contact and Evaluations – Division I-A and I-AA Football.  The cabinet unanimously supports only subparagraph (d) of Proposal No. 2004-69, which would permit an institution to make one telephone call during the spring evaluation period (April 15 through May 31).  The cabinet unanimously opposes the remainder of Proposal No. 2004-69.  Current legislation permits one telephone call during the month of May and was adopted prior to the extension of the evaluation period.  It is logical to make the time period for the one telephone call consistent with the entire evaluation period.  The American Football Coaches Association does not support the remainder of the proposal as it has the potential to be burdensome on both prospects and their coaches and could result in an increase of nonscholastic influences (e.g., combines) in the recruiting process.

 

(6)     Proposal No. 2004-87 – Recruiting – Women's Volleyball Recruiting Calendar.  The cabinet unanimously agreed to withdraw its support for Proposal No. 2004-87, which amends the women's volleyball recruiting calendar.  The cabinet's initial support was based on the support the proposal received from the American Volleyball Coaches Association (AVCA).  Recently, the AVCA reversed its position and now opposes the proposal and suggests different modifications to the recruiting calendar.  The cabinet will consider the AVCA's suggested changes at its June meeting.

 

(7)     Proposal No. 2004-99-A – Recruiting – Number of Official Visits – Prospect Limitation – Division I-A Football.  The cabinet opposes Proposal No. 2004-99-A, which would reduce from five to four the number of official visits in Division I-A football.  The cabinet originally supported the proposal when it was applicable to football and basketball.  In addition, there were alternative proposals to reduce from five to four the maximum number of visits in all sports.  These alternative proposals were defeated by the Management Council in January, as was the portion of Proposal No. 2004-99 that applied to men's basketball.  As such, now the proposal only applies to Division I-A football and the cabinet noted it is not appropriate for the rule to be limited to only one sport.  [Against 2]

 

(8)     Proposal No.  2004-110-A (as revised) – Recruiting – Signed Prospective Student-Athlete Access – Basketball.  The cabinet unanimously opposes Proposal No. 2004-110-A.  The cabinet prefers Proposal No. 2003-83 as it provides a more reasonable alternative to granting earlier access to prospects and would apply to all sports.  Furthermore, the NABC Special Committee on Recruiting and Access, the original sponsor of the proposal, has withdrawn support of Proposal No. 2004-110-A and now supports Proposal No. 2003-83.

 

(9)     Proposal No. 2004-132-B – Personnel – Off-Campus Recruiting – Number of Coaches Recruiting Off CampusThe cabinet unanimously supports Proposal No. 2004-132-B, which would eliminate the baton rule in all sports.  The cabinet supported the original version of this proposal, which applied exclusively to women's basketball.  Proposal No. 2004-132-B expands the change to all sports and the cabinet agreed that applying the change to all sports is the best option. 

 

c.      Legislative – Actions for the 2005-06 Legislative Cycle.  (The text of the 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. 2005-9 – Eligibility – Hardship Waiver and Seasons of Competition WaiversThe cabinet sponsored legislation with an immediate effective date to allow the use of either completed or scheduled contests, whichever is more beneficial to the student-athlete, when administering hardship and seasons-of-competition waivers.

 

(2)     Proposal No.  2005-10 – Amateurism – Promotional Activities – Use of Student-Athlete's Likeness in a Camp BrochureThe cabinet sponsored legislation with an immediate effective date to amend Bylaw 12.5.1.7 (use of student-athlete's likeness in a camp brochure) to indicate that violations of this bylaw do not affect the involved student-athletes' eligibility (i.e., de minimis).

 

(3)     Proposal No. 2005-11 – Amateurism – Institutional, Charitable, Educational or Nonprofit Promotions – Student-Athlete InvolvementThe cabinet sponsored legislation to prohibit an institution (or a recognized institutional entity thereof), a conference or a noninstitutional educational or nonprofit agency from using the name, picture or likeness of a student-athlete for retail sales.

 

(4)     Proposal No. 2005-12 – Amateurism – Involvement with Professional Teams – Draft List – Men's Ice Hockey ExceptionThe cabinet sponsored legislation to permit an enrolled men's ice hockey student-athlete to enter the National Hockey League draft one time during his collegiate career without jeopardizing eligibility in that sport.

 

(5)     Proposal No. 2005-13 – Recruiting – Official Visits – Complimentary Admissions.  The cabinet sponsored legislation with an immediate effective date to indicate that all violations of Bylaw 13.7.6.2 that amount to less than $100 be addressed through restitution and conditioned on repayment, do not affect the student-athletes' eligibility.

 

(6)     Proposal No. 2005-14 – Executive Regulations – Five-Year/Ten-Semester Rule Waiver.  The cabinet sponsored legislation to amend the criteria for administering a five-year rule waiver by the requirement that a student-athlete was unable to attend a collegiate institution full time with the requirement that the student-athlete was unable to participate in athletics as a result of a life threatening or incapacitating injury or illness suffered by a member of the student-athlete's immediate family.

 

(7)     Proposal No. 2005-15 – Committees – NCAA Division I Student-Athlete Reinstatement Committee – Composition – Student-Athlete Representative.  The cabinet sponsored legislation to amend the composition of the Student-Athlete Reinstatement Committee to include an ad hoc Student-Athlete Advisory Committee (SAAC) member who will attend all in-person meetings and participate on conference calls not associated with an appeal of a reinstatement case. 

 

(8)     Proposal No. 2005-16 – Eligibility – Initial Eligibility – State Administered ACT.  The cabinet sponsored legislation to permit a prospective student-athlete to use a state-administered ACT to meet initial-eligibility requirements. Statistics provided by ACT indicate that the state tests are accurately reflecting the population of college-bound and noncollege-bound students who are required to take the state tests and that overall scores achieved through state testing are not higher than those from tests administered on national testing dates.  Additionally, when prospective student-athletes have been required through the waiver process to take another ACT on a national testing date, the scores on both tests are generally similar.  Allowing state-administered tests would benefit prospective student-athletes by eliminating the bureaucracy of the waiver process or retaking the test.

 

(9)     Proposal No. 2005-17 – Requirement to Notify Prospective Student-Athletes Regarding Initial-Eligibility Standards.  The cabinet sponsored legislation that would require institutional staff members to provide to recruited prospective student-athletes information on the academic requirements of Bylaw 14.3.  The information shall be provided at the earliest opportunity after the institution begins recruiting the prospective student-athlete, but not later than the day prior to the prospective student-athlete's signed acceptance of the National Letter of Intent or institution's written offer of admission and/or financial aid.  Such information could be provided in hardcopy or electronically.  The cabinet noted that the use of misadvisement, misinformation or lack of information as a mitigating circumstance in initial-eligibility waivers has increased over the past year.  Additionally, some institutions file multiple waivers citing misadvisement.  This proposal would reduce instances of lack of information or misadvisement by requiring institutions to inform their prospective student-athletes of the initial-eligibility requirements during the recruiting process.  

 

(10)   Proposal No. 2005-18 – Recruiting – Transportation on Official or Unofficial Visit – 30-Mile Radius for Off-Campus Facilities.  The cabinet unanimously sponsored legislation to eliminate the mileage restriction on transportating a prospective student-athlete to view off-campus practice and competition sites or other institutional facilities.  This proposal is consistent with the deregulation process and will provide more meaningful opportunities on a limited basis for prospects to observe the institutional facilities available to them should they enroll at the institution.

 

 

 

 

 d.     Nonlegislative.

 

(1)     Report on Academic Reform InitiativesThe cabinet received a detailed presentation regarding the Academic Performance Program.  The presentation included an update on the most recent developments involving the Academic Progress Rate (APR) and graduation success rate.  The presentation also referenced the recent mailing of institutional reports detailing an institution's performance as it relates to the 925 APR cut score.  

 

(2)     Changes to the Student-Athlete Reinstatement Committee's Policies and ProceduresThe cabinet approved amendments to the Student-Athlete Reinstatement Committee's policies and procedures (Attachment B).  The cabinet agreed that the following changes were needed to implement new policies and reflect the current practices of the staff and committee. 

        

·              The general policy requires a student-athlete to be withheld from the next contest even if the contest is part of the championship and that policy remains in place.  However, in limited circumstances, the lead staff administrator, in consultation with the chair, can suspend a reinstatement condition if the next contest is an NCAA championship, Bowl Game or another national championship event.

 

·              In situations where the staff provides relief based on an institutional error or misinformation provided by an institution, a letter will be sent to the institution's chief executive officer. 

 

·              If a waiver request contains information or allegations against another NCAA member institution or institutional employee, that institution or its employee must be provided a copy of relevant documentation and given 10 days to respond to the allegations.  The response will be included as part of the record.

 

·              Reinstatement decisions rendered by the committee and the staff are made based on the record forwarded by the institution.  If further information is later discovered and the facts of the original decision change (e.g., during an enforcement investigation) the reinstatement cases will be reopened and a decision rendered on the new facts.  Further, in situations involving multiple student-athletes where the core of the violation is the same, the institution should attempt to process the case as one reinstatement request.

 

 

(3)     Changes to the Obvious Waiver Criteria for Prospective Student-Athletes Who Lack One or Fewer Courses in an Area Other Than EnglishThe cabinet tabled discussion of revisions to this criteria until its June meeting.  At that meeting, the cabinet will receive a research presentation outlining information that supports the proposed revisions.

 

(4)     Staff Decisions of Initial-Eligibility Waivers that Do Not Meet Minimum Threshold Review Criteria.  The cabinet revised the current minimum threshold policy to provide NCAA staff the authority to make decisions regarding application of minimum threshold requirements if the circumstances of the waiver are such that the waiver likely would be approved or clearly should be denied.  In cases in which the staff cannot clearly approve or deny the waiver, the staff may consult with the appropriate subcommittee chair to determine whether the waiver should be reviewed by the entire subcommittee. In many cases student-athletes have multiple deficiencies and minimum threshold is not met, but the circumstances are clearly such that the waiver should be approved (e.g., two subsequently approved core courses).  In those instances, the current additional step of appealing to the appropriate subcommittee chair delays the final decision, which is not in the best interests of the student-athlete and member institution. 

 

(5)     The Use of Misadvisement as a Mitigating Factor in Waiver Requests.  The cabinet revised the initial-eligibility waiver policies and procedures regarding the use of misadvisement as a mitigating factor.  Attachment C contains the full text of those revisions.  

 

(6)     Research Regarding New Initial-Eligibility Standards.  The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues regarding the subcommittee's review of research on the first-year success of student-athletes who qualified under the new sliding scale using 14 core-courses, as well as student-athletes who fell just below the established standards but had an initial-eligibility waiver approved.  The subcommittee noted the following:

 

·              Previous predictions regarding the outcome of the initial-eligibility rule changes appear to have been accurate.  Newly eligible qualifiers are equally likely to graduate as other qualifiers (based on high-school grades and test scores), and show similar academic profiles in their first year of college (e.g., grades, credits).

 

·              The data demonstrate that graduation rates will not be negatively impacted by the newly eligible qualifiers and that, with currently available data, initial-eligibility and progress-toward-degree rules are working together to produce the anticipated results.

 

·              The number of African-American student-athletes matriculating to Division I institutions has not decreased; in fact, there are slight increases in the number of African-American student-athletes at Division I institutions.

 

·              The subcommittee will continue to monitor the effects of the initial-eligibility rule changes, but are encouraged regarding the positive outcomes thus far.

 

(7)     NCAA Initial-Eligibility Clearinghouse Changes.  The NCAA staff provided the Subcommittee on Initial-Eligibility Issues with an update on changes in policy with the clearinghouse.  Changes include the clearinghouse performing preliminary certification reports for home-schooled student-athletes, the elimination of mailed certification reports to institutions and a registration fee increase to $32 from $30 starting with the class of 2006.

 

(8)     Recommendations from National Association of Academic Advisors for Athletics.  The cabinet received a report from NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Continuing Eligibility regarding the recommendations submitted by the National Association of Academic Advisors for Athletics Task Force "Practices and Concepts for the Success of NCAA Academic Reform."  The cabinet expressed concern about requiring athletics academic support units to report outside the athletics department because it felt institutions should have the autonomy to determine appropriate reporting lines on campus.  In addition, the subcommittee noted its agreement with the concept that coaches should be held accountable for the academic achievement of the student-athletes they select for admissions consideration.  Finally, the subcommittee did not support the recommendations related to freshman ineligibility and amending the initial-eligibility index.

 

(9)     Changes to the Progress-Toward-Degree Waivers Policies and Procedures – Time Limitations of Submission of Progress-Toward-Degree Waivers.  The cabinet approved an amendment to the policy and procedures manual for the NCAA Division I Progress-Toward-Degree Waivers Committee that establishes specific criteria for review of progress-toward-degree waivers (Attachment D).  Specifically, a time limitation has been established for within which an institution may file a waiver.  The waiver process is intended to address academic-eligibility issues specific to a student-athlete's eligibility to compete.  It is not intended to be used to address issues that do not involve the student-athlete's participation in intercollegiate athletics competition.  The imposition of a time limitation for filing a progress-toward-degree waiver will ensure that the staff and waiver committee focus their attention and efforts on those waivers that will impact competition.

 

(10)   Changes to the Progress-Toward-Degree Waivers Policies and Procedures – Conditional Prior Approval of Waivers.  The cabinet approved a revision to the progress-toward-degree waiver policies and procedures permitting the staff and Progress-Towards-Degree Waivers Committee to consider a waiver of future deficiencies that do not result from a current deficiency or a waiver decision, provided the student-athlete's academic recovery plan demonstrates the student-athlete's ability to get "back on track" toward graduation.  This revision will eliminate the administrative burden associated with filing multiple waivers for student-athletes based on the same set of facts/mitigating circumstances (e.g., changes in degree programs) and will place institutions in a better position to advise student-athletes relative to their academic progress.  The staff will provide the subcommittee with an annual summary of those cases involving conditional prior approvals.

 

(11)   Review of Inflationary Adjustment to the Minimum Financial Aid Membership Requirements.  At its July 2004 meeting, the Management Council requested that the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Financial Aid explore the number of institutions that currently use Bylaw 20.9.1.2-(b) to satisfy the minimum financial aid requirements and determine whether inflationary adjustments applicable to each institution should be considered.  The Subcommittee on Financial Aid, along with the chair of the NCAA Division I Management Council Membership Subcommittee, reviewed data related to the number of institutions that used section (b) in reporting compliance with the minimum financial aid award requirements for the 2003-04 academic year.  The discussions related to exploring alternative means of adjusting the minimum aggregate financial aid expenditures.  The Membership Subcommittee will review the data and the Subcommittee on Financial Aid's feedback at its upcoming meeting. 

 

(12)   Review of NCAA Compliance Forms.  The Subcommittee on Financial Aid reviewed the squad list form and recommended that any changes or additions to all required compliance forms, including new legislation, be highlighted in subsequent versions.  The subcommittee also suggested that the Student-Athlete Advisory Committee have an opportunity to review pertinent forms and provide feedback on the content and effectiveness.

 

(13)   Discussion of California Community Colleges Commission on Athletics regarding Bylaw 30.11.6-(c).  The NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Recruiting reviewed and declined to support a request from the California Community Colleges Commission on Athletics to revise the NCAA Division I Bylaw 30.11.6-(c), the December dead period, to permit for coaches to attend the Commission on Athletics Fall 2005 State Championship Festival.  The subcommittee agreed to refer this recommendation for additional input from the AVCA.

 

(14)   Review of Request of the Intercollegiate Women's Lacrosse Coaches Association Regarding Proposal No. 2003-33.  The Subcommittee on Recruiting reviewed the request of the Intercollegiate Women's Lacrosse Association to eliminate the junior contact.  The subcommittee agreed to seek input from all coaches associations and will consider whether to sponsor such legislation for other sports at its June meeting.

 

(15)   Bylaws 30.11.6 and Proposal No. 2004-87.  The Subcommittee on Recruiting noted the opposition of the AVCA to Proposal No. 2004-87 and its support for the following modifications to the recruiting legislation. 

 

(a)          Eliminate Bylaw 13.13.1.3 as a recruiting calendar exception as it pertains to camps and clinics in the sport of women's volleyball;

 

(b)         Eliminate Bylaw 13.1.8.12 which allows intercollegiate coaches to coach club teams outside of the contact/evaluation period during competitions; and

 

(c)          Make adjustments to the recruiting calendar as opposed to the total elimination of the January and May quiet periods.

 

The subcommittee requested additional rationale and clarification of proposed adjustments from the AVCA and will review this issue again at its June meeting.

 

(16)   Update from the Two-Year College Relations Panel Meeting.  The staff provided an update regarding its meeting with individuals from the Two-Year College Relations Panel.  The staff noted that the panel requested that the Subcommittee on Continuing Eligibility consider a three-year time period for student-athletes to fulfill the 40 percent degree requirement and/or the


establishment of a core-curriculum for 2-4 college transfers.  The subcommittee did not support a delay of the application of the 40 percent rule, but did agree to consider establishment of a core-curriculum for two-year transfers after review of data regarding eligibility of such student-athletes.  

 

 

 

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

Cabinet Liaisons:     Julie Cromer, Membership Services

                                 Diane Dickman, Membership Services

                                 Kevin Lennon, Membership Services