REPORT OF THE DIVISION I MANAGEMENT COUNCIL

LEGISLATIVE REVIEW SUBCOMMITTEE

APRIL 9, 2006

 

 

INFORMATIONAL ITEMS

 

 

1.  Positions related to legislation under second review.

 

Proposal Number

Title

Intent Statement

 

Recommendation

 

2005-26

AMATEURISM -- PROMOTIONAL ACTIVITIES -- INSTITUTIONAL, CHARITABLE, EDUCATIONAL OR NONPROFIT PROMOTIONS

To revise the restrictions related to the use of a student-athlete's name, picture or appearance in institutional, charitable, educational or nonprofit promotional activities, as specified.

 

Withdrawal.

 

The subcommittee expressed concerns regarding the impact of such a proposal on future litigation involving amateurism principles/amateur status.

 

The subcommittee noted potential difficulties in the application of the 25 percent standard, determining what constitutes directly encouraging the product use and potential difficulties in monitoring activities of commercial entities that control the content of the information (e.g., Web sites).

2005-67-1

AMATEURISM -- PROMOTIONAL ACTIVITIES -- PERMISSIBLE -- CONTINUATION OF MODELING AND OTHER NONATHETICALLY RELATED PROMOTIONAL ACTIVITIES AFTER ENROLLMENT -- SPORTS OTHER THAN FOOTBALL AND MEN'S BASKETBALL

To amend Proposal No. 2005-67 to remove, in sports other than football and men's basketball, the condition that a student-athlete's involvement in modeling and other nonathletically related promotional activities must be initiated prior to his or her enrollment at a member institution.

 

 

 

Defeat.

 

Noted difficulties in treating sports differently.

2005-67

AMATEURISM - PROMOTIONAL ACTIVITIES - PERMISSIBLE - CONTINUATION OF MODELING AND OTHER NONATHETICALLY RELATED PROMOTIONAL ACTIVITIES AFTER ENROLLMENT

To remove the condition that a student-athlete's involvement in modeling and other nonathletically related pro-motional activities must be initiated prior to his or her enrollment at a member institution.

Defeat.

 

Compromises the current NCAA principle related to commercial exploitation/ prohibition against promoting commercial products and services.

 

Noted difficulties in application particularly as to whether or not the student-athlete’s participation in athletics is a factor in the selection process.

 

Does not necessarily promote student-athlete well-being and may result in a greater number of rules violations.

2005-101

AWARDS AND BENEFITS -- MEDICAL EXPENSES -- PERMISSIBLE

To specify that permissible medical expenses (including surgical expenses, medication, rehabilitation, physical therapy expenses and dental expenses) shall be limited to athletically-related injuries or illnesses that occur during the academic year or summer.

Table.

 

Noted that current legislation was recently approved and was a Board of Directors initiative.  Data should be collected to study the impact of the current legislation.

 

The subcommittee noted that the NCAA Student-Athlete Assistance Fund (SAF) and the NCAA Student-Athlete Opportunity Fund (SAOF) have been used to cover some nonathletically-related medical expenses.

2005-102

AWARDS AND BENEFITS -- MEDICAL EXPENSES -- PERMISSIBLE -- MEDICAL INSURANCE

 

To permit an institution to purchase a medical insurance policy to cover the medical expenses for any injury or illness sustained by the student-athlete.

 

 

Table.

 

 

2005-52

ELIGIBILITY - FIVE-YEAR PERIOD OF ELIGIBILITY - TRANSFER STATUS AND PROGRESS TOWARD DEGREE

To specify that a student-athlete who is registered as a full-time student on the first day of classes starts the five-year period of eligibility, is subject to progress-toward-degree requirements and is considered a transfer student.

Defeat.

 

The subcommittee expressed concerns about the difficulty in the application of such a rule.

 

Prefer bringing the current transfer definition more in line with current application of the five-year rule.

2005-111

ELIGIBILITY -- TRANSFER REGULATIONS -- FOUR-YEAR COLLEGE -- ONE-TIME TRANSFER EXCEPTION -- BASEBALL

To specify that the one-time transfer exception is not available to a baseball student-athlete.

 

Recommend that effective date be amended from August 1, 2006 to October 15, 2006.

 

Noted issues related to notice for all affected institutions and student-athletes.

2005-109

ELIGIBILITY -- TRANSFER -- ONE-TIME TRANSFER EXCEPTION -- DIVISION I-AA FOOTBALL

 

To specify that a football student-athlete who transfers from a Division I-A institution to a Division I-AA institution may qualify for the one-time transfer exception only if the student-athlete has two or more seasons of competition remaining.

 

 

 

Recommend that effective date be amended from August 1, 2006 to October 15, 2006.

 

Noted issues related to notice for all affected institutions and student-athletes.

2005-77-B

PERSONNEL -- COACHING LIMITATIONS -- SPORTS OTHER THAN FOOTBALL -- RECRUITING FUNCTIONS

To specify that in sports other than football, all recruiting coordination functions (e.g., on-campus evaluation and selection of prospects, phone calls, correspondence) shall be performed by head or assistant coaches.

 

Defeat.

2005-129

PLAYING AND PRACTICE SEASONS -- OUT-OF-SEASON ACTIVITIES -- SKILL INSTRUCTION -- DIVISIONS I-A AND I-AA FOOTBALL

 

In football, to permit student-athletes to engage in two hours of skill instruction per week outside the playing season, provided no more than four student-athletes participate in such sessions at any one time in any facility.

 

 

Defeat.

 

Expressed concern regarding the logistics involved in conducting such instruction and the impact such activity may have on other sports.

2005-131-B-1

PLAYING AND PRACTICE SEASONS -- OUT-OF-SEASON ACTIVITIES -- HOURS OF SKILL INSTRUCTION, NUMBER OF PARTICIPANTS AND EXAM PERIOD LIMITATION -- BASKETBALL

To amend Proposal No. 2005-131-B to specify that, in basketball only, more than four student-athletes from the same team may be involved in skill-related instruction with their coaches from September 15 through April 15.

 

 

 

Defeat.

2005-137

 

 

PLAYING AND PRACTICE SEASONS -- PRESEASON PRACTICE -- FIVE-DAY ACCLIMATIZATION PERIOD -- ACADEMIC ORIENTATION -- DIVISION I-A FOOTBALL

In Division I-A football, to permit an institution to conduct the required academic orientation period any time prior to or during the five-day acclimatization period when a student-athlete is enrolled in summer classes or participating in summer conditioning activities prior to the student-athlete's first season of football eligibility at the certifying institution.

 

 

Approve and forward to the Board of Directors for possible adoption.

2005-138

PLAYING AND PRACTICE SEASONS -- PRESEASON PRACTICE -- ACTIVITIES PRIOR TO THE FIVE DAY ACCLIMATIZATION PERIOD -- ACADEMIC ORIENTATION DAY -- DIVISION I-A FOOTBALL

In Division I-A football, to permit an institution to conduct an academic orientation day the day prior to the start of the five day acclimatization period for those student-athletes beginning their initial season of football eligibility at the certifying institution.

Defeat

 

The subcommittee expressed concerns about further expanding the preseason practice period since no on-field activities can be conducted.

 

The subcommittee noted that academic orientation activities originally were intended to be conducted during the acclimatization period.

2005-160-B

RECRUITING -- OFFICIAL VISIT -- ENTERTAINMENT/TICKETS ON OFFICIAL VISIT -- STUDENT HOST -- ENTERTAINMENT ALLOWANCE

To specify that, during an official visit, the cost of entertainment of no more than two athletics department staff members per activity who accompany a prospect is excluded from the entertainment allowance; further, to specify that when an athletics department staff member serves as a prospect's host, his or her entertainment costs must be included in the official visit allowance.

 

 

 

Defeat.

 

 

 

 

2.  Positions related to requests for emergency/noncontroversial legislation.

 

 

Proposal Number

Title

Source

Intent

 LRS Recommendation/Comments

2006-3

AMATEURISM -- INVOLVEMENT WITH PROFESSIONAL TEAMS -- TRYOUT BEFORE ENROLLMENT -- PREDRAFT BASKETBALL CAMP EXCEPTION

NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Agents and Amateurism).

In basketball, to permit a prospective student-athlete to accept actual and necessary expenses from a professional sports organization to attend that organization's predraft basketball camp regardless of the length of the camp.

Noncontroversial, unanimous.

2006-4

RECRUITING -- CONTACTS AND EVALUATIONS -- CONTACT PERIOD EXCEPTION -- INSTITUTIONS WITH OFFICIAL ADMISSIONS NOTIFICATION DATES AFTER FINAL CONTACT PERIOD

NCAA Division I Academics/Eligibility/Compliance Cabinet (Subcommittee on Recruiting).

To eliminate the waiver of contact periods for institutions with established admissions acceptance dates that occur after the normal contact deadline; further, to establish an exception to permit an institution that does not subscribe to the National Letter of Intent in a particular sport and has an official admissions notification date that occurs subsequent to the end of the final contact period of the academic year, to extend the final contact period of the academic year through 30 days after the institution's official admissions notification date.

Noncontroversial, unanimous.

2006-5

ETHICAL CONDUCT -- GAMBLING ACTIVITIES -- SANCTIONS -- TIMING OF REINSTATEMENT REQUEST

NCAA Division I Academics/Eligibility/Compliance Cabinet (Committee on Student-Athlete Reinstatement).

To eliminate the requirement that a request for reinstatement of a student-athlete's eligibility may be submitted only on fulfillment of the minimum one-year period of ineligibility for instances in which a student-athlete solicits or accepts a bet or participates in any gambling activity that involves intercollegiate athletics or professional athletics, through a bookmaker, a parlay card or any other method employed by organized gambling.

Noncontroversial, unanimous.

2006-6

RECRUITING -- UNOFFICIAL VISIT -- ACTIVITIES -- ELIGIBILITY RAMIFICATIONS

NCAA Division I Academics/Eligibility/Compliance Cabinet (Committee on Student-Athlete Reinstatement).

To specify that a prospective student-athlete's eligibility would be affected and that an institution would be required to seek reinstatement of the prospect's eligibility in cases involving violations related to the types of activities that may occur on an unofficial visit (e.g., personalized recruiting aids, game-day simulations).

Noncontroversial, unanimous.

2006-7

COMMITTEES -- WOMEN'S LACROSSE COMMITTEE -- COMPOSITION

NCAA Division I Championships/Competition Cabinet (Women's Lacrosse Committee).

To specify that the Women's Lacrosse Committee shall consist of one representative from each of the four regions (Northeast, Mid-Atlantic, South and West/Midwest) and two representatives selected at-large; further, to specify that no more than two committee members shall be from any single region.

Noncontroversial, unanimous.

 

The committee noted that the effective date has been updated to reflect that composition will be achieved through normal attrition.

2006-8

COMMITTEES -- WOMEN'S BASKETBALL COMMITTEE -- COMPOSITION

NCAA Division I Championships/Competition Cabinet (Women's Basketball Committee).

To specify that the Women's Basketball Committee shall consist of one member from each of the four women's basketball regions and six members selected at large; further, to specify that no more than three committee members shall be from any single region.

Noncontroversial, unanimous.

 

The committee noted that the effective date has been updated to reflect that composition will be achieved through normal attrition.

 

3.  Review of proposed modifications of wording of previously approved proposals.

 

M-2006-2

AMATEURISM -- PROMOTIONAL ACTIVITIES -- MEDIA ACTIVITIES

 

To clarify that a student-athlete may receive actual and necessary expenses for appearances or participation in media activities related to intercollegiate athletics that occur during playing season at any location.

The subcommittee recommends that the Management Council use its authority pursuant to Constitution 5.4.1.1.1 to adopt this modification.

 

 

Subcommittee chair:  Kate Hickey, Rutgers University

 

Staff Liaisons:       Lynn Holzman, Membership Services

                              Stephen A. Mallonee, Membership Services

                  Leeland Zeller, Membership Services