REPORT
OF THE
NCAA DIVISION I ACADEMICS/ELIGIBILITY/COMPLIANCE CABINET
ACTION ITEM.
? Legislative -- Request for Legislative Action at the October NCAA Division I Management Council Meeting. (See Attachment A for the full text of the proposal forwarded to the Management Council as noncontroversial legislation.)
v NCAA Proposal No. 2006-59 -- Eligibility and Financial Aid -- Compliance with Other NCAA and Conference Legislation.
(1)
Recommendation. The NCAA Division I Academics/Eligibility/
Compliance Cabinet recommends that the Management Council support Proposal No.
2006-59 as noncontroversial legislation and forward it to the NCAA Division I
Board of Directors for adoption. The proposal would specify that an NCAA
violation for competition while ineligible due to a conference rule violation
or a violation of NCAA financial aid legislation that relates only to a
violation of a conference rule shall be considered an institutional violation,
but shall not affect the student-athlete's eligibility.
(2) Effective Date. Immediate.
(3) Rationale. Currently, in a case in which a student-athlete competes while ineligible due to a violation of a conference rule or receives financial aid contrary to a conference rule, the institution must request reinstatement of his or her NCAA eligibility even though no violation of NCAA legislation has occurred, other than by the fact that the violation of the conference rule occurred. In these cases, a conference office is in a better position to assess whether a violation of its own rules should affect eligibility and if so, what the appropriate conditions for reinstatement should be. Adoption of this proposal would have no effect on the calculation of a student-athlete's eligibility point toward his or her team's NCAA Division I Academic Progress Rate (APR). This proposal is being recommended as noncontroversial with an immediate effective date. The recommendation is appropriate because broader consultation and debate are unlikely to improve the proposal in any substantial way, significant disagreement or alternative points of view
(4) Will not be generated and there does not appear to be a significant impact on existing legislation or proposed legislation.
(5) Budget Impact. None.
(6) Impact on Student-Athlete's Time. None.
INFORMATIONAL ITEMS.
1. Legislative -- Comments on Proposals to be Initially Considered by the Management Council in October 2006 (noncontroversial recommendations) or January 2007.
a. Proposal No. 2006-23 Amateurism -- Involvement with Professional Teams -- Tryout After Enrollment -- Receipt of Expenses -- Summer or Not Full Time. The cabinet unanimously opposes Proposal No. 2006-23, which would specify that a student-athlete may try out with a professional organization in a sport during the summer or during the academic year while not a full-time student, provided the student-athlete does not receive more than one expense-paid visit from each professional team (or for participation in a combine including that team) provided such a visit does not exceed 48 hours. The cabinet believes that Proposal No. 2006-22 better addresses the sponsor's concerns related to providing tryout opportunities to student-athletes. In addition, the proposal does not further the student-athlete's academic performance, does not provide meaningful solutions to team disruption and may encourage student-athletes to drop to part-time status during the academic year. Finally, the cabinet noted that the NCAA Division I Student-Athlete Reinstatement Committee supports Proposal No. 2006-22 (as modified) and opposes Proposal No. 2006-23.
b. Proposal No. 2006-25 Amateurism -- Involvement with Professional Teams -- Professional Basketball Draft -- Four-Year College Student-Athlete -- Men's Basketball. The cabinet unanimously opposes Proposal No. 2006-25, which would specify that an enrolled student-athlete may enter a professional league's draft one time during his collegiate career without jeopardizing eligibility in the sport, provided that within 30 days after the conclusion of the NCAA Division I Men's Basketball Championship game, the student-athlete requests that his name be removed from the draft list and declares his intention to resume intercollegiate athletics, the student-athlete's declaration of intent shall be in writing to the institution's director of athletics, and the student-athlete is not drafted. The cabinet believes that the proposal would negatively impact the well-being of basketball student-athletes by not providing adequate time for the student-athletes to evaluate their status and make an informed decision about their potential professional future. Specifically, the cabinet believes that student-athletes should be able to participate in individual workouts and a professional sports organization's pre-draft basketball camp as opportunities to evaluate their status. A 30-day timeline following the NCAA Division I Men's Basketball Championship game would not allow such activities to occur.
c. Proposal No. 2006-26 Amateurism -- Use of Agents -- Agent as Advisor. The cabinet unanimously opposes Proposal No. 2006-26, which would specify that a student-athlete shall be ineligible for participation in an intercollegiate sport if he or she has ever agreed (orally or in writing) to use the services of an advisor (financial or otherwise) who also serves in any agent capacity (related to marketing any individual's athletics ability or reputation). The cabinet believes the proposal is vague as it relates to the definition of an advisor and that the proposal may create unintended violations. Student-athletes may be encouraged to use advisors who are not knowledgeable about issues such as professional league drafts, contracts and salaries. The result could be that student-athletes will receive inaccurate advice. The cabinet noted the Student-Athlete Reinstatement Committee's opposition to the proposal.
d. Proposal No. 2006-28 -- Recruiting -- Recruiting-Person Days -- Women's Basketball -- 130 Recruiting-Person Days. The cabinet unanimously opposes Proposal No. 2006-28, which would increase the number of recruiting-person days in women's basketball from 85 to 130. The cabinet recommends that the sponsor modify the proposal to increase the number of recruiting-person days from 85 to 100. The cabinet would support the proposal if modified. In the event the sponsor does not support the suggested modification, the cabinet shall sponsor an alternative proposal. In its development of the current standard of 85 recruiting-person days, the Women's Basketball Coaches Association (WBCA) was fully aware that the number of recruiting-person days would be reduced. A change to increase the number of recruiting-person days in order to provide consistency with men's basketball is unnecessary. An increase to 100 recruiting-person days would assist in accommodating concerns that the current legislation does not provide enough days to allow multiple coaches to conduct home visits with prospective student-athletes; however, it maintains a reasonable limit on the number of days in which coaches could be engaged in making off-campus contacts in the fall. Further, the WBCA and Women's Basketball Issues Committee are supportive of an increase to 100 recruiting-person days with no exceptions.
e. Proposal No. 2006-30 -- Recruiting -- Limitations on Number of Evaluations -- Spring Evaluation Weekend -- Women's Basketball. The cabinet unanimously supports Proposal No. 2006-30, which would specify that evaluations at nonscholastic events may occur during the Friday, Saturday and Sunday of the spring evaluation period. Feedback from the (WBCA) indicates women's basketball coaches are not in favor of increasing the number of weekends in April in which evaluations at nonscholastic events may occur; however, the WBCA agreed that the one weekend during April should also include Friday, given that most events begin on Friday and prospects will be participating regardless of whether Division I coaches are in attendance. Adding the additional day provides greater flexibility and does not increase the number of recruiting-person days.
f. Proposal No. 2006-31 -- Recruiting -- Telephone Calls to Prospects -- Exception -- Football -- One Telephone Call April 15 Through May 31. The cabinet unanimously supports Proposal No. 2006-31, which, in football, would specify that an institution may make one telephone call to a prospective student-athlete or a prospective student-athlete's relatives or legal guardians from April 15 through May 31 of the prospective student-athlete's junior year in high school. The proposal does not increase the number of telephone calls that may be made to a prospective student-athlete and a prospective student-athlete's relatives and it provides consistency with the current spring evaluation period in football.
g. Proposal No. 2006-32 -- Recruiting -- Telephone Calls and Recruiting Materials -- Exceptions -- Men's Ice Hockey. The cabinet unanimously opposes Proposal No. 2006-32, which, in men's ice hockey, would permit an institution (1) to make one telephone call per month to a prospective student athlete on or after June 15 of the prospective student-athlete's sophomore year in high school through July 31 of the prospective student-athlete's junior year in high school; (2) to make two telephone calls per week to a prospect beginning August 1 prior to the prospective student-athlete's senior year in high school; and (3) to provide recruiting materials (including general correspondence related to athletics) on or after June 15 at the conclusion of the prospective student athlete's sophomore year in high school. The cabinet recommends that the sponsor modify the proposal to specify that an institution may make only one telephone call per week to a prospective student-athlete beginning August 1 prior to the prospective student-athlete's senior year in high school. The cabinet would support the proposal if modified. The cabinet agreed with the sponsor's rationale regarding the earlier access to prospects via telephone contact and recruiting correspondence; however, the concerns expressed by the sponsor as it relates to the outside influence in men's ice hockey occur prior to the prospect's senior year in high school. As a result, it is not necessary to make two telephone calls per week during the prospect's senior year in high school.
h. Proposal No. 2006-33 -- Recruiting -- Telephone Calls to Prospects -- Time Period for Telephone Calls -- Women's Basketball -- April Call to Juniors. The cabinet unanimously supports Proposal No. 2006-33, which would specify that the one permissible telephone call in April of a prospective student-athlete's junior year in high school may not be made until the Thursday after the conclusion of the Women's Final Four of Division I Women's Basketball Championship. Precluding telephone calls to juniors until the conclusion of the Division I women's basketball championship will encourage women's basketball coaches to remain engaged and in attendance at the sport's championship. This proposal also is supported by the WBCA.
i. Proposal No. 2006-34 -- Recruiting -- Contacts and Evaluations -- Recruiting Opportunities -- Women's Basketball -- Seven Opportunities. The cabinet unanimously opposes Proposal No. 2006-34, which, in women's basketball, would increase the number of recruiting opportunities (contacts and evaluations) from five to seven. Additional recruiting activities will result in increased costs. An increase in recruiting opportunities in order to provide consistency with other sports does not warrant a change to the current rule. The NCAA Division I Women's Basketball Issues Committee and the WBCA have expressed strong opposition to the proposal.
j. Proposal No. 2006-35 -- Recruiting -- Contacts and Evaluations -- Contact Restrictions at Specified Sites -- Practice or Competition Site -- Contact En Route or in the Locale of Competition. The cabinet unanimously opposes Proposal No. 2006-35, which would permit an institution to have on-campus contact with a prospective student-athlete in conjunction with his or her away-from-home contest or multi-day tournament while en route to or in the locale of the prospective student-athlete's competition, under specified conditions. Permitting recruiting contacts while a prospective student-athlete is involved with competition is unnecessarily intrusive on the prospect and his or her parents or guardians. Prospective student-athletes and their parents or guardians may feel pressure to take "side trips" to institutions at times when the prospective student-athletes should be focused on their participation in their competitive events. In addition, in many instances, prospects are receiving expenses to participate in such activities. Allowing the on-campus contact creates a recruiting advantage for institutions that routinely host such events or are located in areas that provide more access to prospective student-athletes in this manner. The WBCA has expressed strong opposition to the proposal.
k. Proposal No. 2006-36 -- Contacts and Evaluations -- Coaches Attendance at Events Requiring More Than Three Games in a Day - Softball. The cabinet unanimously opposes Proposal No. 2006-36, which would prohibit coaches from attending an event involving prospective student-athletes in which the original schedule would require a team to play in more than three games in a day, other than due to significant unforeseen events (e.g., weather, power outages). Concerns about the number of games in which prospects participate in one day may be more appropriately addressed through an event certification program, similar to the program conducted by the NCAA for men's and women's basketball. Issues related to softball should be considered in a broader context rather than by legislation designed to address very specific, and possibly very limited, concerns. The administrative burden this legislation would place on institutional compliance administrators would likely outweigh its benefits to prospective student-athletes.
l. Proposal No. 2006-38 -- Recruiting -- Recruiting Materials -- Attachments to General Correspondence. The cabinet unanimously opposes Proposal No. 2006-38, which would specify that attachments to general correspondence may include any materials printed on one or both sides of a single sheet of 8 1/2 x 11 inches plain white paper with black ink. It is not appropriate for institutions to provide prospects with additional materials that are created for recruiting purposes as attachments to general correspondence. In addition, this proposal may present additional cost and resource challenges.
m. Proposal No. 2006-40 -- Recruiting -- Recruiting Materials -- Electronic Transmissions. The cabinet unanimously opposes Proposal No. 2006-40, which would specify that electronically transmitted correspondence that may be sent to a prospective student-athlete is limited to electronic mail and facsimiles. Limiting the use of electronic communication to electronic mail and facsimiles eliminates other very efficient and cost effective methods of communicating with prospective student-athletes (e.g., text messaging, instant messenger). Although a certain level of intrusion exists in permitting these other forms of communication, a better approach is to adopt reasonable restrictions that will promote efficiency in the recruiting process and control the intrusion factor. The WBCA has expressed strong opposition to the proposal.
n. Proposal No. 2006-42 -- Recruiting -- Recruiting Materials -- Other Recruiting Materials. The cabinet unanimously opposes Proposal No. 2006-42, which would permit an institution to print and provide other recruiting information that is posted on the institution's Web site to prospective student-athletes via regular mail as attachments to general correspondence or during official or unofficial visits. This proposal may result in significant increases in costs associated with producing and sending information to prospective student-athletes. With the increased availability and capabilities of technology, it is appropriate to allow institutions to post additional information on their Web site, but limit the hard-copy material that may be provided to prospective student-athletes.
o. Proposal No. 2006-43 -- Recruiting -- Recruiting Materials -- Video/Audio Materials -- Computer Recruiting Presentation. The cabinet unanimously supports Proposal No. 2006-43, which would permit an institution to produce a computer recruiting presentation to show a prospective student-athlete during an in-home visit or official and unofficial visits. The cabinet noted that the presentation may not include any video/audio component and may not be personalized to include a prospective student-athlete's name, picture or likeness. In addition, such a presentation may not be created by an entity outside the institution. Current technology permits computer recruiting presentations to be created on institutional campuses at a minimal cost. This proposal will provide coaches the opportunity to produce and show presentations that may be used as an efficient tool in the recruiting process and that may provide prospective student-athletes with an overview of all pertinent aspects of their institutions.
p. Proposal No. 2006-45 -- Recruiting -- Advertisements and Promotions -- Conference Sponsored Sportsmanship Initiatives. The cabinet unanimously opposes Proposal No. 2006-45, which would permit a conference office to coordinate sportsmanship initiatives that may involve prospective student-athletes and their educational institutions. The cabinet recommends that the sponsor modify the proposal to ensure a greater balance between sportsmanship initiatives and recruiting equity. Specifically, the sponsor should consider additional specifications (e.g., sources of funding, use of institutional logos) in creating parameters for the sportsmanship initiatives. The cabinet supports efforts to promote sportsmanship; however, the proposal, as written, may cause unintended consequences related to recruiting equity.
q. Proposal No.
2006-46 -- Recruiting -- Official Visit Requirements and Written Offers of Athletically
Related Financial Aid -- Registration with NCAA Initial-Eligibility
Clearinghouse and Institutional Request List. The cabinet opposes
Proposal No. 2006-46, which would specify that an institution shall not provide an official visit to a high school or
preparatory school prospective student-athlete until he or she registers
with the clearinghouse and is placed on the institutional request list.
Further, the proposal would specify that an institution shall not provide
a high school or preparatory school prospective student-athlete a written offer
of athletically related financial aid until he or she has registered with the
clearinghouse and the institution places the prospective student-athlete on the
institutional request list with the clearinghouse. The cabinet recommends
that the sponsor modify the proposal to specify, in addition to the
requirements of the current proposal, that an institution shall not provide an
official visit or a written offer of athletically related financial aid to a high
school or preparatory school prospective student-athlete until the
clearinghouse has received an official high school transcript or transcripts
from the schools the prospect has attended that include(s) the prospect's
complete academic record through his or her sixth semester (or equivalent) of
enrollment. The cabinet would support the proposal if modified. In
the event the sponsor does not support the suggested modification, the cabinet
shall sponsor an alternative proposal. The cabinet supports the principles
contained in the current proposal, but believes that the receipt of the
official high school transcript or transcripts should be an added
element. Early academic evaluation is vital to the NCAA
initial-eligibility process. The registration and institutional request
list submission will start the process at the clearinghouse, but these steps do
not provide for an academic analysis, which is a vital step in determining a
prospect's preliminary initial-eligibility status and readiness for collegiate
academic work. [Vote count to oppose
r. Proposal No. 2006-47 -- Recruiting -- Official Visit - Length of Official Visit -- Exception for Extenuating Circumstances. The cabinet unanimously opposes Proposal No. 2006-47, which would establish an exception to the 48- hour official visit for reasons beyond the control of the prospective student-athlete and the institution and specify that in such instances, the institution shall submit a report to the conference office noting details of the circumstances. Institutions may apply the standard of determining whether circumstances are beyond the control of the prospective student-athlete and the institution differently in similar situations. Additional costs of permitting the prospect to remain in the locale of the institution beyond the 48-hour period must be considered. Legislation may not be necessary for such limited instances. Current processes allow for the review of such situations when circumstances warrant.
s. Proposal No. 2006-49 -- Recruiting -- Tryouts -- Nonscholastic-Based Basketball -- Noncoaching Staff Members with Basketball-Specific Duties. The cabinet unanimously opposes Proposal No. 2006-49, which would permit a noncoaching institutional staff member with basketball-specific duties to participate in nonscholastic-based basketball coaching activities with teams that are of the opposite gender than the team the staff member is associated with at the institution. Involvement in nonscholastic basketball activities may become the expectation for individuals employed in noncoaching basketball-specific positions. The cabinet noted that the NCAA Division I Men's Basketball Issues Committee opposes the proposal.
t. Proposal No. 2006-50 -- Recruiting -- Tryout Exceptions -- State, Regional, National or International Training Programs -- Women's Soccer. The cabinet unanimously opposes Proposal No. 2006-50, which, in women's soccer, would prohibit coaches from participating in any state, regional or international training programs that include prospective student-athletes. This proposal would eliminate both quality coaching and career development opportunities for current coaches and quality coaching for prospective student-athletes. Eliminating this opportunity may also adversely affect Olympic development programs.
u. Proposal No. 2006-51 -- Recruiting -- Sports Camps and Clinics -- Institution's Sport's Camps and Clinics -- Location -- Football. The cabinet unanimously supports Proposal No. 2006-51, which would specify that an institution's football camp or clinic shall be conducted on the institution's campus, within the state in which the institution is located or, if outside the state, within a 50-mile radius of the institution's campus. The cabinet agrees with the sponsor's rationale statement and notes that institutional camps and clinics should be for instructional purposes only and should not be used as recruiting tools.
v. Proposal No. 2006-52 -- Administrative Regulations -- Recruiting Calendars -- Men's Basketball -- March Contact Period. The cabinet unanimously supports Proposal No. 2006-52, in men's basketball, which would establish a contact period March 16 through 22. The cabinet agrees with the sponsor's rationale statement and notes that the proposal does not increase the number of recruiting-person days. The cabinet noted that the Men's Basketball Issues Committee supports the proposal.
w. Proposal No.
2006-53 -- Administrative Regulations -- Recruiting Calendars -- Men's
Basketball -- Championship Dead Period. The cabinet unanimously
supports Proposal No. 2006-53, which, in men's basketball, would specify that
the dead period surrounding the Division I Men's Basketball Championship shall
be from Thursday prior to the championship game until
x. Proposal No. 2006-54 -- Administrative Regulations -- Recruiting Calendars -- Women's Basketball -- July Quiet Period. The cabinet unanimously opposes Proposal No. 2006-54, which, in women's basketball, would modify the recruiting calendar to designate July 16 through July 21 as a quiet period (as opposed to a dead period). This proposal would lengthen the recruiting process during July, given that official and unofficial visits would be permitted during the quiet period. Prospects and coaches alike would no longer have a break from recruiting activities in July. The WBCA opposes the proposal.
y. Proposal No. 2006-57 -- Administrative Regulations -- Recruiting Calendars -- Women's Soccer. The cabinet unanimously opposes Proposal No. 2006-57, which would establish a recruiting calendar in women's soccer, as specified. The cabinet recommends that the sponsor modify the proposal to create a dead period during the NCAA Division I Women's Soccer Championship. The cabinet would support the proposal if modified. The cabinet supports the creation of a recruiting calendar; however, coaches should be encouraged to attend the championship rather than engage in recruiting activities during that time period. A dead period in conjunction with the championship provides for equity for those institutions participating in the championship in relation to all other institutions.
z. Proposal No. 2006-58 -- Administrative Regulations -- Recruiting Calendars -- Cross Country and Track and Field. The cabinet unanimously opposes Proposal No. 2006-58, which would establish a recruiting calendar in cross country and track and field, as specified. The cabinet recommends that the sponsor modify the proposal to create a dead period during the NCAA Division I Cross Country and Track and Field Championships. The cabinet would support the proposal if modified. The cabinet supports the creation of a recruiting calendar; however, coaches should be encouraged to attend the championships rather than engage in recruiting activities during that time period. A dead period in conjunction with the championship provides for equity for those institutions participating in the championship in relation to all other institutions.
aa. Proposal No. 2006-60 -- Eligibility -- General Eligibility Requirements -- Change in Eligibility Status -- Eligibility for Postseason Competition Between Terms. The cabinet supports Proposal No. 2006-60, which would require that in order for any student-athlete to be eligible to compete in postseason competition occurring between regular terms, an institution shall certify that he or she has satisfactorily completed six-semester hours or six- quarter hours of academic credit during the preceding regular academic term. This proposal brings consistency to the current eligibility requirement for postseason competition between terms by ensuring the continued academic progress of all student-athletes, regardless of their years of eligibility remaining. In addition, this proposal enhances the integrity and spirit of the progress-toward-degree requirements for postseason competition. The cabinet noted that the current legislation, which applies to student-athletes in their final season of competition, includes accommodations to provide sufficient time to process the eligibility certifications. [Vote count to support 20-15-0].
bb. Proposal No. 2006-62 --
Eligibility -- Season of Competition -- Tennis and Swimming and Diving --
Exception -- Mandatory Military Service. The cabinet
opposes Proposal No. 2006-62, which would specify that in tennis and
swimming and diving, a student-athlete's participation in organized events
while serving a mandatory military obligation, is exempt from the application
of the legislation governing the use of seasons of competition prior to
initial, full-time enrollment in a collegiate institution and residency on
enrollment. This proposal would allow student-athletes to potentially
exempt several years of athletics participation while serving mandatory
military obligations. Such a possibility presents a potential competitive
disadvantage for those student-athletes who participate in intercollegiate
athletics without a similar benefit of the athletics experience. [Vote
count to oppose
cc. Proposal No. 2006-63 -- Eligibility -- Criteria for Determining Season of Eligibility -- Tennis and Swimming and Diving -- Participation in Elite Events. The cabinet unanimously supports Proposal No. 2006-63, which would permit a student-athlete's participation in the sports of tennis and swimming and diving at the Olympic Games, Pan American Games, World Championships, World Cup and World University Games to be exempt from application of the legislation governing seasons of competition and residency in those sports. Participation in the Olympic Games, Pan American Games, World Championships, World Cup or World University Games is a unique and enriching experience for student-athletes. Charging student-athletes with seasons of competition and requiring them to fulfill an academic year in residence for participation in such elite events is inappropriate. This change is consistent with the treatment of elite events as it relates to the use of a season of competition for enrolled student-athletes.
dd. Proposal No. 2006-64 -- Eligibility -- Seasons of Competition -- Hardship Waiver -- Maximum Number of Contests or Dates of Competition. The cabinet unanimously opposes Proposal No. 2006-64, which would increase the maximum permissible number of contests or dates of competition in which a student-athlete may participate in a season and remain eligible for a hardship waiver to four scheduled or completed contests or dates of competition or 40 percent of the institution's scheduled or completed contests or dates of competition. Based on data regarding the number of season-ending injuries in several sports during the 2005-06 academic year and the timing of the injuries, the cabinet believes that the current legislation is appropriate. The cabinet noted that the Student-Athlete Reinstatement Committee opposes the proposal.
ee. Proposal No. 2006-66 -- Eligibility --
ff. Proposal No. 2006-67 -- Eligibility -- Four-Year College Transfers -- Discontinued/Nonsponsored Sport Exception -- Cancelled or Suspended Sport. The cabinet unanimously opposes Proposal No. 2006-67, which would permit a transfer student-athlete to qualify for the discontinued/nonsponsored sport exception when an institution has publicly announced that it has cancelled the student-athlete's sport for at least an entire playing and practice season or has suspended the sport for an indefinite time period. Although the proposal supports student-athlete well-being, the potential negative impact on an institution that cancels only one season would be too severe. The NCAA Division I Management Council Administrative Review Subcommittee waiver process is available to institutions for situations contemplated by the proposal.
gg. Proposal No. 2006-68 -- Eligibility --
hh. Proposal No. 2006-70 --
Financial Aid -- Eligibility of Student-Athletes for Institutional Financial
Aid -- NCAA Degree Completion Award. The cabinet supports Proposal
No. 2006-70, which would permit institutions to provide athletically related
financial aid to a student-athlete who is selected for an NCAA Degree
Completion Award. Ninety-five percent of the student-athletes who receive
the NCAA Degree Completion Award graduate. While some institutions may be
able to more easily afford to supplement the program than others, the benefits
to student-athletes outweigh any concerns about equity. An average, 200
student-athletes apply for a degree completion award each year and the
selection process is very competitive. [Vote count to support:
ii. Proposal No. 2006-72 -- Financial Aid -- Midyear Graduate Replacement -- Women's Gymnastics and Women's Tennis. The cabinet unanimously opposes Proposal No. 2006-72, which, in the sports of women's gymnastics and women's tennis, would permit institutions to provide the athletics aid of a counter who graduates at midyear with eligibility remaining and who does not return to the institution for the following academic term, to another student-athlete without making the second student-athlete a counter for the remainder of the academic year. The circumstances contemplated by the proposal likely occur on a limited basis. Such circumstances may be reviewed on a case-by-case basis by the Administrative Review Subcommittee waiver process.
jj. Proposal No. 2006-75 -- Awards, Benefits and Expenses -- Training-Table Meals -- Cost to Student-Athlete Not Receiving Board Scholarship. The cabinet unanimously supports Proposal No. 2006-72, which would specify that a student-athlete who does not receive institutional athletically related financial aid covering the full cost of board, including a walk-on or partial scholarship recipient, may purchase one training-table meal per day at the same rate that the institution deducts from the board allowance of student-athletes who receive athletically related financial aid covering board costs. This proposal promotes equity between scholarship and nonscholarship student-athletes. Student-athletes who do not receive board as part of their scholarships should only be required to pay the same amount for a training-table meal as is deducted from the board allowance for scholarship student-athletes. The opportunity to pay a lesser amount than the full cost of the meal is a benefit incidental to participation in athletics.
2. Other Legislative Informational Items. (See Attachment B for the full text of the revised proposals.)
a. Modification of Proposal No. 2006-22 Amateurism -- Involvement with Professional Teams -- Tryout After Enrollment -- Receipt of Expenses -- Anytime. The cabinet unanimously agreed to modify Proposal No. 2006-22 to specify that subsequent to initial full-time collegiate enrollment, an individual may try out with a professional athletics team in a sport and receive not more than one expense paid tryout from each professional team (or for participation in a combine including that team), provided: (1) The individual does not miss class; (2) Any payment or compensation in connection with the tryout may not exceed actual and necessary expenses; and (3) Expenses may only be provided for a period of 48 hours. Further, the 48-hour period shall begin at the time the individual arrives at the tryout location. At the completion of the 48-hour period, the individual must depart the location of the tryout immediately in order for the professional team or organization to provide return transportation expenses. A tryout may extend beyond 48 hours if the individual self-finances additional expenses, including return transportation, and if the individual does not miss class. A self-financed tryout may be for any length of time, provided the student-athlete does not miss class. By stipulating that no classes may be missed due to tryout activities, concerns regarding the effect of tryouts on team APR will be addressed. Without the missed class time provision, student-athletes could engage in numerous tryouts that would result in substantial time away from campus. In addition, the modification to the proposal permits an individual to try out with a professional team (or participate in a combine including that team) and receive not more than actual and necessary expenses on one occasion prior to collegiate enrollment and on one occasion after initial collegiate enrollment. The cabinet noted the support of the Student-Athlete Reinstatement Committee for these modifications.
b. Modification of Proposal No. 2006-41 -- Recruiting -- Recruiting Materials -- Computer Mediated Communication -- Time Periods. The cabinet unanimously agreed to modify Proposal No. 2006-41 to specify that the time periods during which computer mediated communication may be sent to prospects apply to the time of the location in which the prospect resides, as opposed to the actual location of the prospect. The requirement to ascertain the prospect's exact location at any given time in order to remain in compliance with the rule would be overly burdensome. Coaching staff members will be more likely to comply with the rule by knowing the time of the location where the prospect resides, rather than being required to keep up with the prospect's travels.
c. Modification of Proposal No. 2006-59 -- Eligibility and Financial Aid -- Compliance with Other NCAA and Conference Legislation. The cabinet unanimously agreed to modify Proposal No. 2006-59 to specify that an NCAA violation for competition while ineligible due to a conference rule violation or a violation of NCAA financial aid legislation that relates only to a violation of a conference rule shall be considered an institutional violation, but shall not affect the student-athlete's eligibility. By expanding the proposal to include financial aid violations that relate only to violations of conference rules, the proposal enables the conference office to appropriately handle ramifications for violations of its legislation without requiring an institution to go through the reinstatement process.
3. Nonlegislative.
a. NCAA Division I Amateurism Fact-Finding Committee -- Appeals. The cabinet unanimously approved the delegation of its authority to review appeals of determinations of facts made by the Amateurism Fact-Finding Committee to the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism. This action is similar to the delegation of authority the cabinet has made to other subject matter expert subcommittees of the cabinet (e.g., initial-eligibility). It is important that issues relating to the facts of a prospective student-athlete's amateur status be reviewed by a subcommittee with amateurism expertise.
b. Amateurism Fact-Finding Policies and Procedures. The cabinet unanimously approved the Division I Amateurism Fact-Finding Policies and Procedures. Formal policies and procedures are necessary to ensure consistency, efficiency and timeliness in the processing of requests for determination of facts related to the certification of a prospective student-athlete's amateur status. The policies and procedures will serve as a resource for the NCAA staff, members of the Amateurism Fact-Finding Committee, the Subcommittee on Agents and Amateurism and institutions regarding procedural issues that arise while processing requests for determination of facts.
c. Test-Score Time Limitation Waivers for Student-Athletes Enrolled for More than One Year. The cabinet unanimously approved a revision to the initial-eligibility waiver policies and procedures to prohibit institutions from filing initial-eligibility waivers for student-athletes who have taken the SAT or ACT more than one year after initial, full-time collegiate enrollment. Exceptions to this policy may be extended to international student-athletes with no prior knowledge of NCAA rules and students with disabilities who may be permitted to take an ACT or SAT test under nonstandard testing conditions when not previously provided that opportunity. NCAA legislation prohibits the use of the ACT or SAT taken after initial, full-time collegiate enrollment; however, such scores are sometimes reviewed through the initial-eligibility waiver process, in most cases, for international student-athletes or students with disabilities who have not had the previous opportunity to take a nonstandard test. Some waivers are filed for student-athletes who have taken the test two to three years after enrollment to comply with institutional or conference rules regarding nonqualifiers. The cabinet agreed it is not appropriate to permit the use of a test taken after initial, full-time collegiate enrollment except for the conditions noted above.
d. Use of Misadvisement as a Mitigating Circumstance in Initial-Eligibility Waivers. The cabinet unanimously approved revisions to the initial-eligibility waiver policies and procedures to clarify the content and format requirements for institutional misadvisement prevention plans that are filed with initial-eligibility waiver applications. Specifically, the following requirements have been added to the policies and procedures:
(1) The plan must be placed on institutional letterhead;
(2) The plan must be signed by two of the following: the president/chancellor or faculty athletics representative, and director of athletics or senior woman administrator;
(3) The plan must be applicable to all sports and all prospective student-athletes;
(4) The plan is specific to the institution, not to the personnel who are currently or previously employed; and
(5) If there is a change in institutional policies, the institution must notify the NCAA staff of such changes.
The intent of requiring an institution to submit a plan to prevent future misadvisement is to ensure the institution develops a thoughtful, comprehensive plan to prevent similar circumstances from happening in the future.
e. Prospective Student-Athlete Review Policies and Procedures. The cabinet unanimously approved the Prospective Student-Athlete Review Policies and Procedures. The adoption of the policies and procedures helps ensure consistency, efficiency and timeliness in the processing of prospective student-athlete review cases. Additionally, it serves as a resource for the NCAA staff, members of the review group and member institutions regarding procedural issues that arise while processing prospective student-athlete review cases.
f. International Student-Athlete Certification of Eligibility Form. The cabinet received a report from the Subcommittee on Agents and Amateurism regarding its discussion of the current legislative requirement for institutions to gather information regarding an international student-athlete's athletics background on a standardized form to assist in determining the amateur status of each international student-athlete. With the upcoming NCAA certification process for amateur status for the 2007-08 academic year and thereafter, the requirement for institutions to gather this information should no longer exist. The subcommittee agreed to further discuss at the February or June 2007 meeting to determine whether the form should continue to be a legislative requirement for the first year of the amateurism certification process or if it should only be used as a tool.
g. Receipt of Expenses from Golf Associations. The cabinet received a report from the Subcommittee on Agents and Amateurism related to information received from the United States Golf Association (USGA) regarding recent changes to its own legislation to allow individuals to accept expenses as long as the expenses are approved and paid through the player's state or regional golf association. The staff is currently working with the USGA in an ongoing effort to specifically identify the pertinent issues and how NCAA amateurism regulations apply. The subcommittee agreed to further discuss the issue at the February 2007 meeting.
h. Amateurism Issues in Tennis. The cabinet received a report from the Subcommittee on Agents and Amateurism regarding an update from the Intercollegiate Tennis Association and NCAA meetings that occurred in July. David Benjamin, executive director of the Intercollegiate Tennis Association, made a presentation regarding amateurism issues in tennis. The subcommittee agreed to gather information and feedback on these concepts and further discuss the issues at the February 2007 cabinet meeting for possible legislative recommendations.
i. Review of Promotional and Endorsement Issues Involving Student-Athletes. The cabinet received a report regarding the creation of a study group to further examine issues surrounding the use of student-athletes' likenesses for institutional, charitable, educational and nonprofit promotions. Experts familiar with the current trends used for marketing and sponsorship will join the members of the Subcommittee on Agents and Amateurism on the study group. They are charged with making recommendations to the Division I Board of Directors within the next year.
j. Use of Institutional and Personal Web Sites in the Recruiting Process. The cabinet received a report from the Subcommittee on Recruiting regarding its discussion about the use of institutional Web sites and the use of institutional staff members' personal Web sites in the recruiting process. The subcommittee requested that the staff gather specific examples of institutional Web sites that may contain prospect-specific links and tracking mechanisms. Further, the subcommittee requested that the staff create a document summarizing current legislation that impacts the development and use of institutional and personal Web sites.
k. Review of Legislative Proposals that Intend to Amend New Legislation. The cabinet received a report from the Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Recruiting related to its review of legislative proposals. The subcommittee expressed concern regarding the submission of proposals to change legislation adopted within one or two years. The subcommittee agreed to continue to monitor the submission of such proposals and will consider whether ample opportunity has been afforded in order for the legislation to have its intended affect.
l. Core-Curriculum Time Limitation. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues regarding its discussion of the core-curriculum time limitation and graduation. The subcommittee requests that the NCAA Division I Legislative Review and Interpretations Committee issue an interpretation relative to NCAA Division I Bylaw 14.3.1.2.1 (core-curriculum time limitation) to stipulate that high school graduation consists of all graduation requirements, both academic and nonacademic (e.g., community service, senior project). Each high school is responsible for defining what is required for graduation for its students.
m. Research for Use in Initial-Eligibility Waiver Decisions. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues regarding research related to initial-eligibility waiver approvals. The report included a test-score/high school grade-point-average grid that predicts first year collegiate grade-point-average achievement. The information will be one of many variables that will be used in the initial-eligibility waiver decision-making process.
n. Nontraditional Coursework and High School Transcripts. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues regarding its discussion of the placement of nontraditional coursework on high school transcripts in situations in which prospective student-athletes separate themselves from their traditional schools and attend nontraditional schools for a full term or more. The subcommittee provided input to be shared with the High School Review Group regarding the issue. The recommendations include working with curriculum experts and involving the secondary school community, including state departments of education, in discussions of these nontraditional programs.
o. College Courses on High School Transcripts. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues regarding its discussion of situations in which a prospective student-athlete completes college courses and achieves specific letter grades, but the high school translates the grades to a "P" or "passing" on its transcript. Bylaw 14.3.1.2.7 stipulates that the high school's lowest passing grade be assigned to pass-fail courses. However, in the best interest of the prospective student-athlete, the subcommittee agreed that the clearinghouse may assign the letter grade from the college transcript to the prospect's record, since it can be demonstrated that the prospect achieved that grade.
p. Application of Bylaw
14.5.4.1 (
q. Application of Bylaw 14.4.3.1-(b) Fulfillment of Credit-Hour Requirements to Student-Athletes Enrolled Part-Time in One or More Terms. The cabinet received a report from the Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Continuing Eligibility regarding the application of Bylaw 14.4.3.1-(b) (18/27-hour rule) to student-athletes enrolled part time for a term or consecutive terms during the academic year. The subcommittee requests that the Division I Legislative Review and Interpretations Committee issue an interpretation stating that credits earned while enrolled as a part-time student may not be used for purposes of satisfying Bylaw 14.4.3.1-(b).
r. Proposal No. 2006-82 -- Playing and Practice Seasons -- General Playing Season Regulations -- No Missed Class Time or Final Exam Time During Nonchampionship Segment -- Field Hockey, Women's Lacrosse, Soccer and Volleyball. The cabinet received a report from the Subcommittee on Continuing Eligibility regarding its review of Proposal No. 2006-82. The subcommittee suggests that the sponsor consider extending the proposal to include all sports in which the legislation allows for a nonchampionship segment. Student-athletes in all such sports would benefit academically by minimizing missed class time.
s. Financial Aid Forum in Conjunction with February 2007 Cabinet Meeting. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Financial Aid regarding a planned forum in conjunction with the February 2007 meeting. The forum is being held in an effort to increase opportunities for input from various constituencies for more informed decision making and to encourage a spirit of cooperation with the general financial aid community. The subcommittee identified the purposes of the forum, potential topics and logistical issues.
t. Degree-Completion Programs/Incentive Programs under the NCAA Division I Academic Performance Program. The cabinet received a report from the Subcommittee on Financial Aid regarding issues related the limitation on providing unearned institutional athletically related financial aid to student-athletes who have exhausted their eligibility and have received five years of aid or are outside the six-year period since initial enrollment, but are seeking to complete their degrees. The subcommittee received an update regarding the review by the NCAA Division I Committee on Academic Performance of the issue of establishing an incentives program and additional funding in conjunction with the current Division I Degree Completion Program to reward institutions with degree-completion grants for former student-athletes. The Committee on Academic Performance plans to continue its discussion of this topic during its October 2006 meeting.
u. Review of Administrative Review Subcommittee Waivers Requests Related to Bylaws 15.3.3.1 and 15.3.3.2. The cabinet received a report from the Subcommittee on Financial Aid regarding its review of four Administrative Review Subcommittee waiver requests submitted since the recent revisions to Bylaws 15.3.3.1 and 15.3.3.2, which require institutions to award athletically related aid to student-athletes for one full academic year and requires athletically related aid to be awarded in equal amounts for each term of the academic year. The subcommittee requested that Administrative Review Subcommittee continue to provide periodic updates regarding the waiver requests of this legislation and suggestions regarding possible legislative exceptions.
v. Review of Administrative Review Subcommittee Waivers of Bylaw 15. The cabinet received a report from the Subcommittee on Financial Aid regarding Administrative Review Subcommittee waivers processed during 2005-06 academic year. The staff and subcommittee processed over 680 Adminstrative Review Subcommittee waivers for all three divisions, with Division I institutions submitting approximately 515. Of the 515, approximately 40 financial aid waivers were received. The routine types of financial aid waivers reviewed during the 2005-06 academic year were:
(1) Requests for a student-athlete to receive aid beyond the six-year period;
(2) Retroactive aid;
(3) Requests to exceed the number of permissible counters;
(4) Requests to not have certain types of aid be countable; and
(5) Requests to provide aid for a student-athlete to attend another institution.
The subcommittee reviewed the financial aid waiver requests in an effort to have a better understanding of the specific type of waiver requests. The subcommittee requested that Administrative Review Subcommittee continue to provide periodic updates regarding the waiver requests related to Bylaw 15.
Cabinet Chair: Jacqueline Blackett, Columbia University-Barnard College, Ivy Group
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