REPORT OF THE SEPTEMBER 10-12, 2007 AEC CABINET

REPORT OF THE SEPTEMBER 10-12, 2007

NCAA DIVISION I ACADEMICS/ELIGIBILITY/COMPLIANCE CABINET

ACTION ITEM.

Legislative - Request for Legislative Action at the October NCAA Division I Management Council Meeting. (See the Attachment for the full text of the proposal forwarded to the Management Council as emergency legislation.)

o NCAA Proposal No. 2007-110 - Financial Aid - Reduction and Cancellation during Period of Award -- Reduction or Cancellation not Permitted -- Injury, Illness or Medical Condition.

(1) Recommendation. The NCAA Division I Academics/Eligibility/ Compliance Cabinet recommends the Management Council support Proposal No. 2007-110 as emergency legislation and forward it to the NCAA Division I Board of Directors for adoption. The proposal would specify that institutional financial aid based in any degree on athletics ability may not be increased, decreased or cancelled during the period of the award because of an injury, illness or medical condition.

(2) Effective Date. Immediate.

(3) Rationale. Current legislation specifies that institutional financial aid based in any degree on athletics ability may not be increased, decreased or cancelled during the period of its award "because of an injury that prevents the recipient from participating in athletics." The legislation does not provide protection for a student-athlete who may be suffering from an illness (e.g., mononucleosis, depression) or other medical condition (e.g., pregnancy, drug/alcohol addiction, eating disorder) that does not necessarily prevent participation in athletics. It is permissible for an institution to reduce or cancel athletically related institutional financial aid during the period of the award pursuant to specifically legislated instances per NCAA Bylaw 15.3.4.1 (e.g., student-athlete rendering himself or herself ineligible, serious misconduct) and other nonathletically related conditions in the financial aid agreement. However, it should not be permissible to reduce or cancel a student-athlete's financial aid during the period of the award based on any injury, illness or medical condition. This change provides the necessary protection for student-athletes who have been awarded athletically related financial aid and are experiencing circumstances outside the scope of a typical "injury." Due to the unique circumstances of this issue and the need to address it in an expeditious manner, this proposal should be considered as emergency legislation.

(4) Budget Impact. None.

(5) Impact on Student-Athlete's Time. None.

INFORMATIONAL ITEMS.

1. Legislative - Comments on Proposals to be Initially Considered by the Management Council in October 2007 (noncontroversial recommendations) or January 2008.

a. Proposal No. 2007-14 - Personnel - Volunteer Coach - Complimentary Meals for Spouse and Children Incidental to Team Activities or Official Visits. The cabinet supports Proposal No. 2007-14, which would permit the spouse and dependent children of a volunteer coach to receive complimentary meals incidental to organized team activities or meals provided during a prospective student-athlete's official visit, provided the individuals dine with the prospective student-athlete. The cabinet agrees with the rationale for the proposal as stated by the sponsor.

b. Proposal No. 2007-16 - Personnel and Recruiting - Limitations on the Number and Duties of Coaches - Recruiting Coordination Functions. The cabinet opposes Proposal No. 2007-16, which would eliminate the restriction that all recruiting coordination functions must be performed by a countable coach, but would retain the requirement that all telephone calls made to and received from prospective student-athletes must be made and received by a countable coach. The cabinet recommends that the sponsor modify the proposal to eliminate only the restriction that the preparation of general recruiting correspondence (including electronic correspondence) to prospective student-athletes or their parents or guardians be performed by a countable coach. 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 is supportive of providing greater flexibility than the current legislation affords with regard to certain recruiting coordination functions; however, the cabinet expressed concern that the proposal is too broad and could result in a proliferation in the number of noncoaching staff members employed by institutions. Allowing noncoaching staff members to prepare general recruiting correspondence would alleviate some of the administrative burden on coaches and permit them to focus more attention on traditional coaching duties and the needs of current student-athletes.

c. Proposal No. 2007-17 - Personnel and Recruiting - Limitations on the Number and Duties of Coaches - Recruiting Coordination Functions - Volunteer Coach. The cabinet opposes Proposal No. 2007-17, which would permit a volunteer coach to engage in recruiting coordination functions. The cabinet expressed concern about providing an exception to the recruiting coordination legislation only for volunteer coaches. Further, the expansion of permissible duties is contrary to the original intent of the volunteer coach legislation.

e. Proposal No. 2007-19 - Personnel - Limitations on the Number and Duties of Coaches - Replacement for National or Olympic Team Coaches. The cabinet supports Proposal No. 2007-19, which specifies that an institution may replace, on a temporary or limited basis, a coach who takes a leave of absence to participate on or coach the national team or Olympic team of another nation. The cabinet agrees that the current legislation should be extended to coaches who coach or participate on teams from other nations.

f. Proposal No. 2007-20 - Personnel - Limitations on the Number and Duties of Coaches - Off-Campus Recruiting - Women's Basketball - Nonscholastic Events During Academic Year. The cabinet opposes Proposal No. 2007-20, which would, in women's basketball, increase the number of coaches who may evaluate prospective student-athletes off campus at any one time at nonscholastic events during the academic year from three to four. The cabinet expressed concern that this proposal would lead to an increased emphasis on nonscholastic events in the recruiting process. Further, permitting four coaches to engage in off-campus recruiting at the same time would leave no coaching staff members available on campus to address the needs of current student-athletes.

g. Proposal No. 2007-23 - Amateurism - Exceptions to Amateurism Rule - Prize Money Prior To Full-Time Collegiate Enrollment - Tennis. The cabinet opposes Proposal No. 2007-23, which, in tennis, would specify that prior to full-time collegiate enrollment an individual may accept prize money based on his or her place finish or performance in open athletics events, not to exceed $10,000 per calendar year and would further specify that once the individual has reached the $10,000 limit, he or she may receive additional prize money on a per event basis, provided such prize money does not exceed his or her actual and necessary expenses for participation in the event. The cabinet defeated a motion to recommend a modification to specify that no additional prize money could be accepted once an individual had received $10,000 per calendar year. The cabinet expressed concern related to different applications of the prize money legislation to different sports and a further blurring of the line between amateurism and professionalism.

h. Proposal No. 2007-29 - Recruiting - Enrolled Student-Athlete - Permissible Recruitment Activities - Telephone Contact Initiated by Prospective Student-Athletes. The cabinet supports Proposal No. 2007-29, which specifies that an enrolled student-athlete may receive telephone calls made at the expense of a prospective student-athlete at any time provided there is no direct or indirect involvement by athletics department staff. The cabinet agrees with the rationale for the proposal; however, it noted that the proposal is more restrictive than current legislation in that athletics department staff would not be permitted to be involved, directly or indirectly, with arranging these calls (e.g., providing a prospective student-athlete with a telephone directory of members of the institution's team) on or after July 1 at the conclusion of the prospect's junior year of high school.

i. Proposal No. 2007-30 - Recruiting - Contacts and Evaluations - Contactable High School Prospective Student-Athletes - Men's Basketball - Two Contacts With Juniors - No Nonscholastic Evaluations in April. The cabinet opposes Proposal No. 2007-30, which, in men's basketball, would specify that an institution may make two in-person off-campus contacts with a prospective student-athlete or the prospective student-athlete's parents or legal guardians during the April contact period of the prospective student-athlete's junior year in high school. Further, the proposal would specify that evaluations during the April contact period shall be limited to regularly scheduled high school, preparatory school and two-year college contests/tournaments and practices and regular scholastic activities involving only prospective student-athletes enrolled at the particular institution for which the scholastic activities are conducted. The cabinet recommends that the sponsor modify the proposal to only specify that evaluations during the April contact period shall be limited to regularly scheduled high school, preparatory school and two-year college contests/tournaments and practices and regular scholastic activities involving only prospective student-athletes enrolled at the particular institution for which the scholastic activities are conducted. 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 noted that the NCAA Division I Men's Basketball Issues Committee supports the elimination of evaluations at nonscholastic events during the April contact period. In addition, previous legislation that permitted contact with juniors was adopted in 2002 and eliminated in 2005.

j. Proposal No. 2007-32 - Recruiting - Permissible Recruiters and Evaluations - Head Coach Restrictions - Spring Evaluation Period. The cabinet took no position on Proposal No. 2007-32, which, in football, would specify that the head coach shall not engage in off-campus recruiting activities during the April 15 through May 31 evaluation period. The cabinet noted that the proposal will be considered separately by the NCAA Football Bowl Subdivision and the NCAA Football Championship Subdivision representatives to the Management Council and the Board of Directors. The cabinet expressed concern with the immediate effective date and noted that an August 1, 2008, effective date would be more appropriate since the proposal may be adopted during the spring evaluation period.

k. Proposal No. 2007-33 - Communication During July Evaluation Periods - After National Letters of Intent Signing or Other Written Commitment - Women's Basketball. The cabinet supports Proposal No. 2007-33, which, in women's basketball, would permit an institution to communicate with a prospective student-athlete during the July evaluation periods, provided the prospective student-athlete has graduated from high school and has signed a NLI with the institution, or for those institutions not using the NLI in women's basketball or for those prospective student-athletes not eligible to sign an NLI, the institution's written offer of admission and/or financial aid. The cabinet agrees with the sponsor's rationale statement and notes that coaches should be permitted to communicate during the July evaluation periods with those individuals who have graduated from high school and have committed to the institution. The Women's Basketball Coaches Association (WBCA) supports this proposal.

l. Proposal No. 2007-34 - Recruiting - Telephone Calls to Prospective Student-Athletes - Time Period - Exception - Women's Soccer. The cabinet opposes Proposal No. 2007-34, which, in women's soccer, would specify that an institution is permitted to make one telephone call to a prospective student-athlete or her relatives or legal guardians during the month of May of the prospective student-athlete's junior year in high school. The cabinet believes there is a lack of evidence to support sport-specific legislation for women's soccer. In addition, the cabinet is not aware of the position of the National Soccer Coaches Association of America on this proposal.

m. Proposal No. 2007-35 - Recruiting - Telephone Calls to Prospective Student-Athletes - Permissible Callers - Exceptions - Faculty Athletics Representative and Senior Woman Administrator. The cabinet supports Proposal No. 2007-35, which would permit an institution's faculty athletics representative and senior woman administrator to return telephone calls to a prospective student-athlete or his or her parents or legal guardians subject to any applicable limitations on the number of telephone calls that an institution may place to the prospective student-athlete. The cabinet agrees with the sponsor's rationale statement and believes the amendment is a reasonable expansion of the current legislation.

n. Proposal No. 2007-36 - Recruiting - Telephone Calls to Prospective Student-Athletes - Permissible Callers - Exceptions - Strength and Conditioning Coaches. The cabinet supports Proposal No. 2007-36, which would permit strength and conditioning coaches to receive telephone calls from a prospective student-athlete, provided the calls relate to summer-conditioning programs and such calls occur after the prospective student-athlete has signed an NLI (or for institutions not subscribing to the NLI, after signed acceptance of the institution's written offer of admission and/or financial aid). The cabinet agrees with the sponsor's rationale statement and notes that this proposal permits strength and conditioning coaches to only return (as opposed to initiate) calls to prospective student-athletes who have signed an NLI or, for those institutions not subscribing to the NLI, a signed acceptance of the institution's written offer of admission and/or financial aid.

o. Proposal No. 2007-37 - Recruiting - Contacts and Evaluations - Telephone Calls to Prospective Student-Athletes - Collect and Toll-Free Telephone Calls - Exception - Women's Basketball. The cabinet supports Proposal No. 2007-37, which, in women's basketball, would permit institutional coaching staff members to accept collect and toll-free telephone calls placed by a prospective student-athlete or the prospective student-athlete's parents and legal guardians, provided the calls are not placed earlier than the date on which an institution may begin placing telephone calls to the prospective student-athlete. The cabinet agrees with the sponsor's rationale statement and notes the support of the WBCA. It is reasonable to align the first permissible date for coaches to receive collect and toll-free calls with the first permissible date on which coaches may make telephone calls.

p. Proposal No. 2007-38 - Recruiting - Contacts and Evaluations - Recruiting Opportunities - Women's Basketball - Seven Opportunities. The cabinet opposes Proposal No. 2007-38, 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. An identical proposal (Proposal No. 2006-34) was defeated last year for the same reasons.

q. Proposal No. 2007-39 - Recruiting - Contacts and Evaluations - Contacts After National Letter of Intent Signing or Other Written Commitment - Football - Contacts During Spring Evaluation Period - Educational Institution Staff Member Presence. The cabinet supports Proposal No. 2007-39, which, in football, would specify that during the spring evaluation period, coaching staff members may make two contacts with a prospective student-athlete who has signed an NLI (or, for those institutions not subscribing to the NLI, after the prospective student-athlete's signed acceptance of the institution's written offer of admission and/or financial aid) at the prospective student-athlete's educational institution and require that a staff member from the prospective student-athlete's educational institution (e.g., coach, academic counselor, principal) must be present during such contacts. Further, the proposal would specify that any visit to the educational institution that includes only contact with a signed prospective student-athlete during the spring evaluation period shall be considered one of the institution's two-permissible days at that institution. The cabinet agrees with the sponsor's rationale statement and notes that contact with a prospect who has already committed to the institution does not present a recruiting advantage. While it is supportive of this proposal, the cabinet prefers Proposal No. 2007-40, which would not require a staff member from the educational institution to be present during the contacts.

r. Proposal No. 2007-40 - Recruiting - Contacts and Evaluations - Contacts After National Letter of Intent Signing or Other Written Commitment - Football - Contacts During Spring Evaluation Period. The cabinet supports Proposal No. 2007-40, which, in football, would specify that during the spring evaluation period, coaching staff members may make two contacts with a prospective student-athlete who has signed an NLI (or, for those institutions not subscribing to the NLI after the prospective student-athlete's signed acceptance of the institution's written offer of admission and/or financial aid) at the prospective student-athlete's educational institution; further, the proposal would specify that any visit to the educational institution that includes only contact with a signed prospect during the spring evaluation period shall be considered one of the institution's two-permissible days at that institution. The cabinet agrees with the sponsor's rationale statement and notes that contact with a prospect who has already committed to the institution does not present a recruiting advantage. The cabinet prefers this proposal over Proposal No. 2007-39.

s. Proposal No. 2007-41 - Recruiting - Limitations on the Number of Evaluations - April Contact Period -Evaluations at Nonscholastic Events - Men's Basketball. The cabinet opposes Proposal No. 2007-41, which, in men's basketball, would specify that coaching staff members may attend nonscholastic events during the April contact period Friday, Saturday and/or Sunday, but not on any weekend during which national standardized tests are administered. The cabinet expressed concern with providing coaches with additional recruiting opportunities at nonscholastic events and the additional missed class time for the prospective student-athlete's involved. The cabinet and the Men's Basketball Issues Committee support the elimination of evaluations at nonscholastic events during the April contact period. The Men's Basketball Issues Committee is opposed to this proposal.

t. Proposal No. 2007-42 - Recruiting - Contacts and Evaluations - Football Evaluations - Spring Evaluation Period - Scholastic Activities. The cabinet supports Proposal No. 2007-42, which, in football, would specify that all evaluations shall be limited to regularly scheduled high school, preparatory school and two-year college contests, practices and regular scholastic activities involving only prospective student-athletes enrolled at the particular institution for which the scholastic activities are conducted. The cabinet agrees with the sponsor's rationale statement; however, an immediate effective date could be problematic. An effective date of August 1, 2008, would be more appropriate given that the proposal may be adopted during the spring evaluation period. While the cabinet also supports Proposal No. 2007-43, it prefers Proposal No. 2007-42 because of the limit on all evaluations (as opposed to only during the spring evaluation period).

u. Proposal No. 2007-43 - Recruiting - Contacts and Evaluations - Football Evaluations - Spring Evaluation Period - Scholastic Evaluations Only. The cabinet supports Proposal No. 2007-43, which, in football, would specify that evaluations conducted during the spring evaluation period shall be limited to regularly scheduled high school, preparatory school and two-year college contests, tournaments and practices, and regular scholastic activities conducted under the supervision of a high school, preparatory school or two-year college coach. The cabinet agrees with the sponsor's rationale statement and supports the proposal; however, it prefers Proposal No. 2007-42, which would limit all evaluations (as opposed to only those in the spring evaluation period) to scholastic events and activities.

v. Proposal No. 2007-44 - Recruiting - Offers and Inducements and Tryouts - Use of Academic Support Services/Training Room Facilities in All Sports - Voluntary Summer Conditioning in Football and Basketball. The cabinet opposes Proposal No. 2007-44, which would eliminate the requirement that a prospective student-athlete must have signed an NLI (or a written offer of admission and/or financial aid) in order to receive academic support services and use the institution's training room facilities. Further, the proposal would specify that a student who is enrolled in the institution's summer term prior to the student's initial, full-time enrollment at the certifying institution may be provided such services and, in football and basketball, participate in voluntary conditioning activities during the summer with an athletics department's strength and conditioning coach. Although support was expressed for a consistent application of the legislation to all prospective student-athletes for access to academic support services and training room facilities, the cabinet expressed concern over the possible increase to the demands on athletics staff members in those areas.

w. Proposal No. 2007-46 - Recruiting - Recruiting Materials - Electronic Transmissions - Instant Messages. The cabinet opposes Proposal No. 2007-46, which would specify that electronically transmitted correspondence that may be sent to a prospective student-athlete shall include instant messages. Restrictions on electronic correspondence have only been in effect since August 1, 2007, and the membership has not had an opportunity to understand the full impact of the current legislation. In addition, the cabinet expressed concern regarding whether there is a sufficient difference between text messaging and instant messaging to warrant a distinction. Instant messaging capabilities are available on wireless devices (e.g., phones, BlackBerries).

x. Proposal No. 2007-47 - Recruiting - Recruiting Materials - Electronic Transmissions - After National Letter of Intent Signing or Other Written Commitment. The cabinet supports Proposal No. 2007-47, which would specify that after the calendar day on which a prospective student-athlete signs an NLI, there shall be no limit on the forms of electronically transmitted correspondence sent by the institution with which the prospective student-athlete has signed. Further, the proposal would specify that for an institution not using the NLI, or for a prospective student-athlete who is not eligible to sign the NLI, there shall be no limit after the calendar day on which the prospective student-athlete signs the institution's written offer of admission and/or financial aid. The cabinet agrees with the sponsor's rationale statement and notes that such communication to prospective student-athletes who have already committed to the institution would not present a recruiting advantage or be overly intrusive. Prospective student-athletes will likely receive far fewer text messages from coaches after signing an NLI or an institution's written offer of admission and/or financial aid and the messages will likely relate to issues surrounding the prospect's enrollment at the institution.

y. Proposal No. 2007-49 - Recruiting - Transportation on Official Paid Visit - Coach Accompanying Prospective Student-Athlete and Parents or Legal Guardians. The cabinet supports Proposal No. 2007-49, which would permit the parents or legal guardians of a prospective student-athlete to ride in an automobile driven by a coaching staff member for the purpose of providing ground transportation to a prospective student-athlete as part of an official visit. The cabinet agrees with the sponsor's rationale statement and notes that it is reasonable to expand the current legislation to include parents or legal guardians.

z. Proposal No. 2007-50 - Recruiting - Official Visit - Complimentary Admissions - Exception - Divorced Parents. The cabinet supports Proposal No. 2007-50, which would specify that if a prospective student-athlete's parents are divorced, the institution may provide up to three additional complimentary admissions to the prospective student-athlete in order for both parents and those accompanying the prospective student-athlete (e.g., stepparents) to attend the home athletics event. The cabinet agrees with the sponsor's rationale statement and notes that the NCAA Division I Management Council Administrative Review Subcommittee has granted waivers related to similar situations.

aa. Proposal No. 2007-51 - Recruiting - Publicity - Announcement of All Signings - Celebratory Functions. The cabinet supports Proposal No. 2007-51, which would permit an institution to conduct one formal press conference on its campus to announce the signed commitments of prospective student-athletes and to permit coaching staff members to attend functions designed to celebrate the institution's signees in the applicable sport and discuss prospective student-athletes who have signed commitments to attend the institution, including discussions with working media, provided the institution previously has released communications of the prospective student-athletes' commitments to attend the institution to media outlets. The cabinet agrees with the sponsor's rationale statement and notes that this proposal expands previous deregulation efforts in the area of publicity.

bb. Proposal No. 2007-53 - Administrative Regulations - Recruiting Calendars - Men's Basketball - Dead Periods. The cabinet opposes Proposal No. 2007-53, which, in men's basketball, would establish a dead period from the day following the conclusion of the spring NLI signing period through Memorial Day and the a dead period from the Sunday following August 7 through August 20. The cabinet recommends that the sponsor modify the proposal to eliminate the recommended August dead period and establish one dead period beginning the day after the conclusion of the spring men's basketball NLI signing period and continuing until the day before the first permissible day to conduct institutional basketball camps. 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 expressed concern that the dead periods would prevent an institution from scheduling its basketball camps in the end of May or during the proposed August dead period. Further, the scheduling of official and unofficial visits in August may be affected if a prospect's academic year begins during that time.

cc. Proposal No. 2007-54 - Administrative Regulations - Recruiting Calendars - Football Bowl Subdivision - Fall Evaluation Period. The cabinet supports Proposal No. 2007-54, which specifies that in bowl subdivision football, the fall evaluation period shall consist of 42 evaluation days during the months of September, October and November selected at the discretion of the institution and designated in writing in the office of the director of athletics. The cabinet agrees with the sponsor's rationale statement and notes the flexibility this proposal offers without an increase in the number of evaluations.

dd. Proposal No. 2007-57 - Administrative Regulations - Recruiting Calendars - Baseball - Contact Period. The cabinet opposes Proposal No. 2007-57, which would revise the beginning of the current March through August contact period in baseball to begin February 1. The increased length of the contact period would result in less time for coaches to address the needs of current student-athletes at the start of the playing season.

ee. Proposal No. 2007-58 - Administrative Regulations - Recruiting Calendars - Cross Country/Track and Field. The cabinet opposes Proposal No.
2007-58, which, in cross country and track and field, would specify that the current contact period that begins on the day after the second Saturday in August shall begin on August 1 and replace the current quiet period. The cabinet is not aware of the position of the U.S. Track & Field and Cross Country Coaches Association on this proposal. However, the cabinet could consider such feedback during its February meeting. In addition, the cross country and track and field recruiting calendar has only been effective since August 1, 2007, and the full impact of the calendar has yet to be determined.

ff. Proposal No. 2007-60 - Eligibility - Criteria for Determining Season of Eligibility - Tennis - Time Period Prior to Enrollment and Residence Requirement. The cabinet opposes Proposal No. 2007-60, which would stipulate that a tennis student-athlete who does not enroll in a collegiate institution as a full-time student prior to or during the institution's second regular academic term following the student-athlete's graduation shall be charged with a season of intercollegiate tennis eligibility for each calendar year after the graduation date of the student-athlete's high school class and prior to full-time collegiate enrollment during which the student-athlete has participated in organized tennis events. Further, the proposal would specify that the tennis student-athlete shall fulfill one academic year in residence at the certifying institution for each calendar year after the graduation date of the student-athlete's high school class during which the student-athlete has engaged in organized tennis events. The cabinet recognizes that the tennis legislation should be further refined in order for it to fully meet its original purposes of encouraging prospective student-athletes to enroll at an earlier age and begin their academic careers sooner. However, the cabinet noted the potential disadvantage to student-athletes who enroll at institutions that use the quarter system, especially those who graduate from high school in December. These student-athletes would be forced to make decisions about academics and athletics pursuits in a shorter time frame than those who enroll in institutions that use the semester system. For example, a student-athlete who graduates from high school in December would need to enroll at a quarter-system institution before or during the spring quarter of the following calendar year (e.g., mid-March), whereas he or she would not need to enroll at a semester-system institution until the start of the fall semester (e.g., late August).

gg. Proposal No. 2007-61 - Eligibility - Season-of-Competition Hardship Waiver - Calculation in Individual Sports. The cabinet opposes Proposal No. 2007-61, which would specify that the first half of the season calculation for the hardship waiver is based on the number of days an institution declares in the season that concludes with the NCAA championship between the first date of competition used by any individual on the team and the end of the declared playing season, including a conference championship; further, the proposal would specify that the denominator in the institution's percent calculation shall be the maximum permissible number of dates of competition plus one date for the conference championship, regardless of whether the team participates in such a championship. The cabinet recommends that the sponsor modify the proposal to specify that the conference championship addition to the calculation of the hardship waiver may only be included if the conference sponsors a championship in that sport. 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 concept of having a separate calculation for individual sports and believes this will greatly simplify the hardship calculation. However, the cabinet does not support adding a competition that does not exist to the denominator of the percent calculation.

hh. Proposal No. 2007-64 - Eligibility - Freshman Academic Requirements - Core-Curriculum Time Limitation - Two Core Courses After Graduation. The cabinet opposes Proposal No. 2007-64, which would increase from one to two the number of core courses a prospective student-athlete may use to meet the initial-eligibility core-curriculum requirements after graduation. The cabinet believes that the effect of the newly adopted legislation to allow for one core course after graduation should be assessed prior to making any changes. Further, the current exception was adopted, in part, to assist a prospective student-athlete in completing one additional math core course during the summer following graduation. If a student is deficient more than one math course, it will be difficult for the individual to take two units of math during the same summer term due to the sequential nature of the subject.

ii. Proposal No. 2007-66 - Eligibility - Two-Year College Transfers - Nonqualifiers - Transferable English and Math. The cabinet supports Proposal No. 2007-66, which would require that in order for a transfer student from a two-year college who was not a qualifier to be eligible for institutional financial aid, practice and competition the first academic year in residence at the four-year institution, he or she must have successfully completed six-semester or eight-quarter hours of English and three-semester or four-quarter hours of mathematics at the two-year college that are transferable-degree credit toward any baccalaureate degree program at the certifying institution. Although the cabinet recognizes that institutions will differ in what coursework is considered transferable, it believes the requirements in the proposal would provide students who were not qualifiers with the academic tools needed for success and students who complete such coursework will be better prepared to succeed academically.

jj. Proposal No. 2007-67 - Eligibility - Transfer Regulations - Two-Year College Transfers - Transferable Credit - Correspondence, Extension and Distance-Learning Courses. The cabinet opposes Proposal No. 2007-67, which would specify that correspondence, extension and distance-learning courses taken from an institution other than the two-year college in which a student-athlete is enrolled as a full-time student shall not be used to fulfill two-year college transfer requirements. The cabinet is supportive of the proposal's rationale to discourage last-minute accumulation of credits to satisfy two-year transfer requirements; however, a different approach may be more effective. Current legislation limits the number of transferable credits earned in the summer, including the summer immediately prior to enrollment at the four-year institution, that a prospective student-athlete may use to meet the requirement of 48 transferable credits. A similar method could be proposed to address the issue of using correspondence or distance-learning courses as last-minute efforts to meet the transfer requirements. In addition, in many cases, it may be difficult to determine whether a prospective student-athlete's coursework was completed through correspondence, extension or distance-learning based on the student's transcripts.

kk. Proposal No. 2007-68 - Eligibility - One-Time Transfer Exception - Baseball - Nonscholarship Student-Athletes. The cabinet opposes Proposal No. 2007-68, which would permit a baseball student-athlete who has never received an athletics grant-in-aid from a four-year institution to be eligible for the one-time transfer exception. The legislation should remain consistent with the other sports in which student-athletes are not able to use the one-time transfer exception. Current legislation allows for student-athletes in those sports to use the one-time exception, provided the student-athlete was not recruited and has never received athletically related financial aid. In addition, it is premature to adopt additional legislation until the effect of the recently adopted legislation developed by the Baseball Academic Enhancement Working Group has been fully implemented and evaluated.

ll. Proposal No. 2007-69 - Outside Competition - Sports Other than Basketball - Exception - Men's Lacrosse. The cabinet opposes Proposal No. 2007-69, which would establish an exception to the outside competition legislation to permit a men's lacrosse student-athlete to compete during the academic year as a member of an outside team in the Minto Cup Junior Amateur Lacrosse Championship. The cabinet noted that the Administrative Review Subcommittee has issued guidelines for waiver requests of this nature. The guidelines provide a 48-hour window of participation in this event for student-athletes. A limited number of waiver requests (approximately 18 student-athlete cases submitted since September 2003) have been filed. The cabinet expressed concern about the increase in missed class time (from one to two days to up to a full week) for student-athletes participating fully in the event due to its expansion over recent years. As a result, the cabinet believes the continued review of these requests by the Administrative Review Subcommittee is appropriate.

mm. Proposal No. 2007-70 - Eligibility - Outside Competition, Effects on Eligibility - Sports Other than Basketball - Exception - Study-Abroad Program. The cabinet opposes Proposal No. 2007-70, which would specify that a student-athlete may participate in outside competition during the academic year while the student-athlete is enrolled in a foreign institution as part of the certifying institution's study-abroad program, regardless of whether the certifying institution considers the student-athlete to be enrolled. A limited number of Administrative Review Subcommittee waiver requests (seven since October 2003) have been submitted for outside competition issues related to study-abroad programs. The Administrative Review Subcommittee should continue to review these requests.

nn. Proposal No. 2007-72 - Financial Aid - Summer Financial Aid - Athletics Aid Prior to Initial, Full-Time Enrollment at the Certifying Institution - Minimum Three Hours of Coursework. The cabinet opposes Proposal No. 2007-72, which would reduce from six to three the minimum number of hours of academic coursework in which a prospective student-athlete must be enrolled in order to receive athletically related financial aid to attend an institution during the summer prior to the prospective student-athlete's initial, full-time enrollment at the certifying institution. The rationale of the current legislation was to provide a time period whereby entering student-athletes could devote their primary attention to academic priorities and develop an academic foundation free from the pressures and demands of competition and travel that occur during the regular academic year. Reducing the minimum credit hours from six to three would not appropriately prepare a student-athlete for the traditional academic year and would lessen the opportunity for them to academically acclimate to the rigors of college. Further, in light of the academic reform movement, the membership has taken significant action to strengthen academic requirements (e.g., increasing percentage-of-degree requirements) and this proposal appears to be contrary to that effort.

oo. Proposal No. 2007-73 - Financial Aid - Period of Institutional Financial Aid Award - One-Year Period - Exception - Exhausted Eligibility or Medical Noncounter. The cabinet opposes Proposal No. 2007-73, which specifies that a student-athlete who has exhausted eligibility and is exempt from counting in the institution's financial aid limit, or a student-athlete who is exempt from counting due to an injury or illness, may receive athletically related financial aid for less than one academic year. The requirement to award athletics aid for a period of one year demonstrates an institutional commitment to the student-athlete, even if the student-athlete has exhausted his or her eligibility or is no longer able to participate in athletics due to an injury or illness. Current legislation provides institutions the authority to cancel or reduce a student-athlete's financial aid during the period of the award under legislated conditions per Bylaw 15.3.4.1 (e.g., rendering himself or herself ineligible, serious misconduct). In addition, institutions are permitted to include nonathletically related conditions (e.g., maintain a specified grade-point average, attendance at study hall and class) in their financial aid agreements with student-athletes. These provisions currently provide appropriate accountability measures.

pp. Proposal No. 2007-75 - Financial Aid - Initial Counters - Football - Midyear Replacement. The cabinet opposes Proposal No. 2007-75, which would permit an institution to replace a counter who graduates midyear or during the previous academic year (including summer) with a student-athlete who was an initial counter in a previous academic year. The cabinet recommends that the sponsor modify the proposal to permit institutions to replace a football counter who graduates midyear with an individual who was previously an initial counter at the institution and is returning to the institution after serving time in the military or on an official church mission. 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 review, the cabinet noted possible unintended consequences of the proposal. Specifically, the proposal would permit a student-athlete to transfer to a two-year college and transfer back to the certifying institution midyear and replace as an overall counter a student-athlete who graduated midyear or during the previous academic year. The cabinet believes that the proposal should be narrowly tailored to address the specific situations for which it was developed, namely, to permit an institution to provide aid to a student-athlete who was a previous initial counter at the institution and is returning to the institution from a church mission or military service at midyear. Other circumstances not covered under the modified or alternative proposal may be reviewed on a case-by-case basis by the Administrative Review Subcommittee waiver process.

qq. Proposal No. 2007-106 - Administrative Regulations - Final Four Basketball Event Certification - Men's Basketball. The cabinet supports Proposal No. 2007-106, which would eliminate the evaluation period and the basketball event certification process for an event held in conjunction with the NCAA Men's Final Four. The cabinet agrees with the sponsor's rationale statement. In particular, events held in conjunction with the Men's Final Four no longer meet the intent or spirit of the original legislation and are not celebratory in nature.

2. Nonlegislative.

a. Application of Bylaw 14.3.1.2.1.1 - One Core Course After Graduation - International Prospective Student-Athletes in Subject-Pass Countries. The cabinet approved a policy for an international prospective student-athlete from a country in which academic subject passes are used to evaluate core-curriculum requirements (e.g., United Kingdom, South Africa and the Bahamas). A student-athlete from a subject-pass country may use one core course or one subject pass (but not both) completed in the summer or academic year following completion of secondary education for initial-eligibility purposes, provided the prospective student-athlete graduates from high school within the prescribed time frame. Prospective student-athletes from some countries are evaluated for initial-eligibility purposes on subject passes. In subject-pass countries, a prospective student-athlete will meet core-curriculum requirements only if he or she achieves five academic subject passes. Four of the five subjects must be English, mathematics, natural/physical science and social science. One subject pass generally equates to the number of core courses required in that subject area (e.g., English subject pass = four English core courses). This policy will take into account the differences in foreign educational systems while maintaining the intent of the core-course time limitation legislation. This policy also is supported by the NCAA Foreign-Student Records Committee.

b. Documentation for Prospective Student-Athletes with Disabilities. The cabinet approved a revised policy for documentation required for disability status and initial-eligibility waiver cases. The policy will require that the following documentation be provided:

(1) There must be a clear indication of the prospective student-athlete's disability/disorder, either in the special education paperwork, 504 Plan or in the private clinical evaluation;

(2) The information provided (e.g., IEP, ITP, SOP, 504 plan, triennial review or private evaluation) must be from the prospective student-athlete's high school years (grades nine through 12, or postgraduate);

(3) The information must indicate the types of accommodations/modifications needed for the prospective student-athlete. If the student graduated from a private school, this information must be included on the school's letterhead; and

(4) The student must provide assessment documentation that indicates a current disability (even if the test scores are several years old).

The documentation requirements of the NCAA for student-athletes with disabilities were updated based on changes made to the Individuals with Disabilities Education Act. This policy update is effective immediately and will continue to ensure the appropriate level of documentation for disability status and initial-eligibility waiver cases while ensuring consistency with recent changes in the law.

c. Committee Appointments. The cabinet unanimously approved the following committee appointments:

(1) NCAA Division I Initial-Eligibility Waivers Committee.

(a) Jill Angotta, Sacred Heart University (Disability Subcommittee).

(b) Monica Love, U.S. Military Academy (Foreign Student Subcommittee).

(d) Tomas Jimenez, Louisiana State University (Core-Course Subcommittee).

(e) Traci Murphy, Canisius College (Transcript-Change/Grade-Point Average Subcommittee).

(2) Foreign-Student Records Committee.

Ted McKown, Kent State University

d. Major League Baseball Draft. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism regarding its discussion related to the timing of the NCAA Division I Men's College World Series and the Major League Baseball (MLB) draft. At the direction of the Board of Directors, the subcommittee discussed whether a change in the timing of the MLB draft would be possible or prudent. The membership has expressed some concern that student-athletes are being influenced and distracted by the draft, which occurs during the College World Series. The subcommittee suggests that a possible avenue to pursue is to suggest to MLB that the draft not occur on dates on which NCAA postseason competition is scheduled to occur.

e. Review of the Definition of a Prospective Student-Athlete. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Recruiting related to its review of the definition of a prospective student-athlete. The Women's Basketball Issues Committee requested that the subcommittee examine the definition and study whether changes are warranted to allow for specific exceptions to recruiting restrictions for interaction between the institution and a prospective student-athlete who has graduated from high school and has signed a NLI (or for those institution's not using the NLI, a written offer of financial aid and/or offer of admission). The subcommittee agreed that increased flexibility with regard to communication (e.g., telephone calls, written and electronic correspondence, contacts) with such prospective student-athletes may be warranted; however, the subcommittee expressed concern with providing exceptions to Bylaw 16 legislation. Several proposals in the 2007-08 legislative cycle relate to recruiting restrictions after a prospective student-athlete has demonstrated some level of commitment to an institution. The subcommittee will consider the outcomes of the legislative process while continuing to monitor and review this issue.

f. Student-Athlete Reinstatement Cases Involving Recruiting Violations. The cabinet received a report from the Subcommittee on Recruiting regarding violations of recruiting legislation involving prospective student-athletes. The NCAA Division I Committee on Student-Athlete Reinstatement expressed concern over imposing a withholding condition on a prospective student-athlete who may have been innocently involved in a violation, while a significant recruiting advantage was gained by the involved institution. The subcommittee noted that it appears some coaches are willing to risk violating recruiting legislation due to the lack of meaningful penalties for either the coach or the prospective-student-athlete. In order to improve the culture in recruiting, more meaningful penalties should be imposed for coaches and institutions involved in recruiting violations and that those penalties should be contemporaneous to student-athlete reinstatement requests. While the involved prospective student-athletes may have knowledge that coaches engaged in recruiting violations during their recruitment, it is problematic to impose penalties on those prospective student-athletes when the coaches ultimately have the responsibility for understanding and adhering to the recruiting legislation. The subcommittee suggested the creation of a penalty structure for institutions and coaches that includes monetary fines or terminating the recruitment of the involved prospective student-athlete or both. The subcommittee also suggested that prospective student-athlete's eligibility not be reinstated until the requesting institution has self-imposed meaningful penalties against its coach.

g. Discussion of Legislative Concepts Supported by the NCAA Division I Men's Basketball Issues Committee. The cabinet received a report from the Subcommittee on Recruiting related to its discussion of several legislative concepts developed by the Men's Basketball Issues Committee. The subcommittee is supportive of recommendations to eliminate evaluations at nonscholastic events during the April contact period and to prohibit men's basketball coaches from attending noninstitutional, nonorganized activities (e.g., pick-up games and open gyms) during the summer evaluation period. The subcommittee also is supportive of the recommendation to amend the April contact period; however, the subcommittee suggests that the April contact period be amended to begin on the first Thursday (8 a.m.), rather than the first Wednesday, following the Division I Men's Basketball Championship and continue through seven days following the initial date for the spring signing of the NLI. The subcommittee also supports the recommendation to amend Bylaws 30.15 and 30.16 in order to prohibit an agent or those employed by an agent from being on staff or associated in any capacity with a certified event or league and to require an event or league operator to provide proof of insurance coverage for participants who may be injured during participation in any event or league. Finally, the subcommittee recommends the legislative concepts regarding the April contact period, evaluations at nonscholastic activities during the summer evaluation period and the criteria for event/league certification move forward as noncontroversial legislation.

h. Application of the NCAA Division I Core-Course Time Limitation Legislation to the 16 Core-Course Requirement Beginning in Fall 2008. 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 the implementation of the requirement that prospective student-athletes complete 16 core courses, which is effective for prospective student-athlete's who enroll full time at collegiate institutions on or after August 1, 2008. The subcommittee reaffirmed the policy that if a prospective student-athlete does not meet the initial-eligibility requirements at the time of matriculation, but would have met the standards in place at the time of high school graduation, the NCAA staff is able to approve an initial-eligibility waiver through the academic intercept program with the NCAA Eligibility Center. Further, the subcommittee asked the staff to develop waiver guidelines for institutions, conferences and prospective student-athletes related to the application of the core-course time limitation legislation and the increase to 16 core courses beginning fall 2008.

i. Application of Core-Course Time Limitation to a Student whose Grade Level has been Reclassified. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues regarding the application of the core-course time limitation legislation to prospective student-athletes who are reclassified (e.g., repeat a grade) during their high school career. The subcommittee asked the staff to develop guidelines to assist institutions when advising students who have reclassified during high school.

j. Review of Nontraditional Coursework. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Continuing Eligibility regarding its discussion of nontraditional coursework. The subcommittee considers "nontraditional courses" to include distance-learning courses, correspondence courses, extension courses, Internet courses, credit by examination, advanced-placement credit, independent study and any other course or credit that is not earned in a typical face-to-face classroom environment with regular contact hours between the instructor and the students. The subcommittee reviewed current legislation and interpretations related to use of nontraditional coursework for full-time enrollment and progress-toward-degree requirements. The staff was charged with collecting additional information pursuant to individual institutional policies related to student-athlete enrollment in nontraditional courses and with consulting with experts in this topic area to clarify the terminology that is currently a part of the NCAA Manual and provide insight on the future of nonclassroom based instruction.

k. Appeals of Bylaw 14.4.3.6 [Waivers of Progress-Toward-Degree Rule (Medical Absence and International Competition)]. The cabinet received a report from the Subcommittee on Continuing Eligibility regarding the concept of establishing an appeal process to allow an institution to appeal a conference decision regarding a waiver request pursuant to Bylaw 14.4.3.6. Such an appeal would be reviewed by the NCAA Division I Progress-Toward-Degree Waiver Committee and ultimately, the Subcommittee on Continuing Eligibility. The subcommittee reviewed supportive feedback from conference offices and will pursue the development of a legislative recommendation.

l. Review of Survey on Transfer Student-Athlete Practices. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Transfer Issues Ad Hoc Group regarding its review of a survey developed to gather information about student-athlete transfer practices. Specifically, the survey will seek to gather information regarding: (1) institutional policies and procedures to evaluate transfer student-athletes; (2) institutional adjustments to the evaluation of transfer student-athletes due to the implementation of academic reform initiatives (if any); and (3) the process for major selection for transfer student-athletes. The group will review the survey results during the February 2008 cabinet meeting.

m. Review of the Academic Performance of Transfer Student-Athletes. The cabinet received a report from the Academics/Eligibility/Compliance Cabinet Transfer Issues Ad Hoc Group regarding its review of a report from the NCAA research staff related to the academic performance of transfer student-athletes. Generally, student-athletes who transfer at least one time during their collegiate careers graduate at a rate that is 10-percentage points lower than those who do not transfer. Further, student-athletes who do not transfer from one institution to another have the lowest rate of departing an institution while academically ineligible [resulting in a "0/2" in the NCAA Division I Academic Progress Rate (APR)], while 2-4 transfers have the highest rate. In addition, 15 percent of
two-year transfers in men's basketball eventually depart the institution while academically ineligible. In football, 12 percent of two-year transfers and 11 percent of four-year transfers eventually depart the institution while academically ineligible. The data related to baseball appears to show a preliminary decline in two-year transfers who later depart the institution while academically ineligible. The group will use this data as it continues its examination of student-athlete transfer activity and the transfer-eligibility requirements.

n. Clarification of Financial Aid Voluntary Withdrawal Legislation. The cabinet received a report from the NCAA Division I Academics/Eligibility/ Compliance Cabinet Subcommittee on Financial Aid regarding the application of Bylaw 15.3.4.1-(d) (reduction and cancellation during period of award - reduction or cancellation permitted - voluntary withdrawal). The subcommittee requested that the staff editorially revise Bylaw 15.3.4.1-(d) to specify that institutional financial aid based in any degree on athletics ability may be reduced or cancelled during the period of the award if the recipient initiates a voluntary withdrawal from a sport at any time for personal reasons. The subcommittee noted the current language in the voluntary withdrawal legislation does not specify that the withdrawal must be initiated by the student-athlete. The subcommittee felt this change was appropriate to ensure institutional staff members were not initiating or influencing a student-athlete's decision to withdraw from a sport.

o. Financial Aid Workshop Follow-Up Information. The cabinet received a report from the Subcommittee on Financial Aid regarding follow-up issues related the financial aid workshop it hosted in conjunction with the February cabinet meeting. The subcommittee continued its review of the executive summary of recommendations that were organized into three categories during its June meeting: (1) legislation; (2) education; and (3) communication. The subcommittee reviewed a draft of financial aid resource material developed by the Big East Conference and requested that the staff continue to work with the Big East to finalize the document. The subcommittee requested that an update on the progress of this document be provided at its February 2008 meeting.

p. NCAA Presidential Task Force on the Future of Division I Intercollegiate Athletics - Recommendations Related to Multi-year Athletics Awards/ Presumption of Renewal Concept and Hearing Opportunity Legislation. The cabinet received a report from the Subcommittee on Financial Aid regarding its review of Presidential Task Force recommendations. The subcommittee reviewed two recommendations that were identified by the Presidential Task Force related to financial aid: (1) multi-year athletics awards/presumption of renewal; and (2) hearing opportunities. The subcommittee will study these recommendations over the next 12 to 18 months.

The subcommittee requested that the staff gather feedback from the Collegiate Commissioners Association Compliance Administrators and the NCAA Division I Student-Athlete Advisory Committee regarding the following recommendation related to multi-year athletics awards/presumption of renewal:

Recommendation: Current legislation requires an award of athletically related financial aid to one year, unless specific exceptions are met. Should the legislation allow multi-year awards (e.g., two-year, four-year or five-year awards)? Should the legislation presume renewal of athletically related financial aid, provided the student-athlete satisfies certain criteria?

The subcommittee requested that the staff gather feedback from the Collegiate Commissioners Association Compliance Administrators and the Student-Athlete Advisory Committee regarding the following recommendations related to the hearing opportunity requirements:

Cabinet Liaisons: Julie Cromer, Membership Services