REPORT OF THE FEBRUARY 15-17, 2006

believes that the current legislation is appropriate. The cabinet noted that the NCAA Division I Committee on Student-Athlete Reinstatement opposes the proposal.

2. Nonlegislative.

a. Update on the NCAA Eligibility Center. The cabinet received a report from Todd Leyden, president of the Eligibility Center, who provided an overview of the plans for the center as well as the implementation process and potential timelines. The Eligibility Center will process initial-eligibility and amateurism certifications for prospective student-athletes. The cabinet provided suggestions and feedback regarding past and future eligibility certification processes and issues.

b. High School Review Policies and Procedures. The cabinet unanimously approved the High School Review Policies and Procedures. The adoption of the policies and procedures helps ensure consistency, efficiency and timeliness in the processing of high school review cases. Additionally, it serves as a resource for the NCAA staff, members of the review committee, high schools and member institutions regarding procedural issues that arise while processing high school review cases.

c. NCAA Division I Amateurism Fact-Finding Committee Policies and Procedures. The cabinet unanimously approved changes to the Amateurism Fact-Finding Committee's policies and procedures manual regarding the review of a case via conference call. The changes permit committee members to make a request to discuss a case and reach a decision via conference call. In addition, the purpose of the call would be to discuss the case and not to gather additional information. Therefore, the NCAA amateurism certification staff, the prospective student-athlete and/or the institution(s) involved may not participate on such a call. Permitting a committee member to request a conference call will provide the necessary flexibility to discuss a case that requires further deliberation by the full committee.

d. Application of Proposal Nos. 2006-65-A and 2006-65-B. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues regarding its discussion about the potential need for flexibility in the application of Proposal Nos. 2006-65-A and 2006-65-B on prospective student-athletes who were unaware of the potential rule change and who would be subject to the legislation. The subcommittee noted its authority to implement policy decisions under specific circumstances and agreed that relief could be provided through "staff special review" procedures only during the 2007-08 academic year for prospective student-athletes whose expected date of graduation was prior to or during 2006. If either Proposal No. 2006-65-A or Proposal No. 2006-65-B is adopted, the academic records of these prospective student-athletes will be evaluated under the previous standard; however, their academic records still will be subject to review if inconsistencies or irregularities are discovered. Effective with the 2008-09 academic year, the new legislation, if adopted, will apply to all prospective student-athletes regardless of their year of expected graduation.

e. NCAA Foreign Student Records Committee. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues in which it confirmed its support for the work of the Foreign Student Records Committee with regard to the change in the manner in which grade-point averages are calculated for foreign student-athletes. Specifically, all grades on a foreign student-athlete's credentials will be converted to a letter grade and assigned the appropriate value (e.g., A=4, B=3). This change will be communicated through various membership groups, via the Legislative Services Database for the Internet, the NCAA Web site and in the NCAA Guide to International Academic Standards for Athletics Eligibility.

f. Prospective Student-Athlete Participation Prior to NCAA Initial-Eligibility Clearinghouse Certification. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues regarding its discussion related to the participation prior to certification as permitted in NCAA Bylaws 14.3.5.1.1 (recruited student-athlete) and 14.3.5.1.2 (nonrecruited student-athlete). The subcommittee believes that prospective student-athletes must be registered with the clearinghouse in order to begin practice activities under the legislation. The subcommittee requested that the NCAA Division I Legislative Review/Interpretations Committee clarify this issue in an official interpretation.

g. Application of Bylaw 14.5.4 (Two-Year Transfers) to Qualifiers and Nonqualifiers. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Continuing Eligibility concerning the impact of two-year college transfer rules on qualifiers. The subcommittee considered whether the current transfer legislation for two-year college transfers was appropriate for prospects who were qualifiers and remained in junior college for more than four full-time semesters. In such cases, some prospects may not average 12 hours of transferable-degree credit for each term of full-time enrollment, as required. However, a nonqualifier may satisfy the credit-hour requirement by completing 48 transferable-degree hours even if the student was enrolled in more than four full-time terms at the junior college. The Subcommittee on Continuing Eligibility reviewed data regarding the number of NCAA Division I Management Council Administrative Review Subcommittee waivers submitted on behalf of qualifiers affected by the legislation. The Subcommittee on Continuing Eligibility chose not to take any action on this issue due to the limited number of waivers.

h. 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 Subcommittee on Continuing Eligibility regarding the issue of whether credits earned while a student-athlete is enrolled as a part-time student may be used for purposes of satisfying the 18/27-hour requirement of Bylaw 14.4.3.1. The subcommittee recommended that the Legislative Review/Interpretations Committee issue an official interpretation stating that part-time hours may be used toward meeting the 18/27-hour requirement only if combined with hours earned during a full-time term of enrollment in the academic year. The subcommittee requested that the interpretation include clarification that the part-time term need not occur at the certifying institution. The subcommittee concluded this approach was more consistent with the current application of other progress-toward-degree legislation and allowed for ease of application for certification officers.

i. Effect of Bylaw 14.4.3.2 (Fulfillment of Percentage-of-Degree Requirements) on Student-Athletes' Choices of Specific Degree Programs. The cabinet received a report from the Subcommittee on Continuing Eligibility regarding its discussions related to the 40/60/80 percentage-of-degree requirements and whether this legislation, in comparison to the previous 25/50/75 standard, is negatively affecting student-athletes' ability to pursue their desired degree programs. Specifically, the subcommittee considered whether the application of the 40-percent requirement to any degree program offered by the institution, rather than a major declared by the student-athlete, would offer some flexibility to student-athletes without compromising the goal of graduation within five years of enrollment. The subcommittee took no action at this time, but will continue to monitor the effect of the progress-toward-degree standards. The subcommittee noted that the 40-percent requirement is relatively new legislation and the membership has not had the opportunity to see the full effect of the increased percentage requirement. Finally, the subcommittee noted that certain degree programs include course sequencing features that may hinder graduation within five years if the program is not begun within an appropriate time frame.

j. Recommendations from the National Association of Academic Advisors for Athletics. The cabinet received a report from the Subcommittee on Continuing Eligibility regarding a presentation by Phil Hughes, president-elect of the National Association of Academic Advisors for Athletics (N4A). Mr. Hughes provided the subcommittee with a general discussion of academic reform from the perspective of academic support personnel. Additionally, he provided a summary of the N4A's positions on several global topics, and offered the N4A as a sounding board when the subcommittee reviews legislation or policy decisions that impact student-athlete eligibility.

k. Proposal No. 2006-26 Amateurism – Use of Agents – Agent as Advisor. The cabinet received a report from the NCAA Division I Academics/
Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism regarding the Management Council's referral of Proposal No. 2006-26 to the subcommittee. The subcommittee agreed to continue to research the role advisors play with prospective and enrolled student-athletes to determine if legislative recommendations are necessary. The subcommittee also agreed to gather additional information and feedback regarding professional sports counseling panels and how institutions implement and use these panels to provide advice and support to their student-athletes.

l. Amateurism Issues Related to Individual Sports. The cabinet received a report from the Subcommittee on Agents and Amateurism regarding discussions related to amateurism issues that could affect individual sports. Specifically, information was received from the Golf Coaches Association of America, the National Golf Coaches of America and the United States Golf Association regarding those associations' regulations on amateurism principles, such as receipt of expenses related to practice and/or competition. In addition, the subcommittee received presentations from David Benjamin, executive director of the Intercollegiate Tennis Association, as well as several Division I tennis coaches and student-athletes related to amateurism issues. In particular, issues involving the receipt of prize money, professional team participation and organized competition prior to collegiate enrollment were identified as issues warranting further discussion. Finally, the subcommittee engaged in a general discussion regarding amateurism principles. It was noted that separately addressing issues in individual sports may not be the most effective or efficient method to examine amateurism issues, which is a core principle that affects not only Division I, but the Association as a whole. Therefore, the subcommittee agreed to gather additional information and feedback and encouraged the Management Council to provide direction as to whether a broad review is warranted.

m. Recruitment of Student-Athletes Attending Non-NCAA and Non-NAIA Institutions. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Recruiting regarding its discussion related to the recruitment of student-athletes attending non-NCAA and non-NAIA institutions. The subcommittee requested the NCAA staff gather additional information about regulations such institutions employ as it relates to contacting currently enrolled student-athletes regarding the possibility of transfer. Specifically, the subcommittee requested additional information as to whether these institutions have similar rules regarding due process and whether student-athletes who have been denied permission to speak with other institutions have the opportunity to appeal such a decision.

n. Recruiting/Early Scholarship Offers Working Group Update. The cabinet received a report from the Subcommittee on Recruiting regarding an update of the work of the Recruiting/Early Scholarship Offers Working Group. The subcommittee agreed to continue to monitor the issue of verbal offers of athletically related financial aid to prospective student-athletes prior to their senior year of high school. The issue is being forwarded to coaches associations for consideration in each group's code of ethics.

o. Technology and Web Sites in Recruiting. The cabinet received a report from the Subcommittee on Recruiting regarding its review of a summary of current legislation affecting the use of institutional and personal Web sites in the recruiting process and numerous examples of Web sites that include information regarding institutional athletics programs and/or institutional coaching staff members. The subcommittee agreed that the current legislation adequately addresses the concerns raised regarding such Web sites; however, the subcommittee agreed to continue to monitor technology and related concerns. The subcommittee also requested that the Legislative Review/Interpretations Committee clarify that an institutional staff member's personal Web site must conform to the same restrictions related to recruiting materials and institutional Web sites (e.g., use of highlight videos, posting of recruiting materials) as outlined in NCAA legislation. Finally, the subcommittee referred the issue of using the likeness of a student-athlete with remaining eligibility on a staff member's personal Web site to the Subcommittee on Agents and Amateurism.

p. Employment of Prospects' Coaches at Institutional Camps and Clinics. The cabinet received a report from the Subcommittee on Recruiting regarding its discussion of the employment of prospects' coaches as counselors and speakers at institutional camps and clinics. The subcommittee expressed concern regarding the potential recruiting advantage gained through the employment of prospects' coaches. The subcommittee requested that the staff consult with legal counsel regarding potential options. Discussion of the issue will continue at the June cabinet meeting.

q. Coaches Certification Exam. The cabinet received a report from the Subcommittee on Recruiting concerning developments in the 2007-08 coaches certification exam. The subcommittee recommended the continued use of questions related to amateurism, progress toward degree and financial aid. In addition, the subcommittee noted that coaches may use the Legislative Services Database for the Internet to reference the bylaws during the administration of the exam.

r. All-Star Games for Prospective Student-Athletes During the NCAA Division I Men's Basketball Championship. The cabinet received a report from the Subcommittee on Recruiting related to the proliferation of evaluation events involving prospective student-athletes taking place in conjunction with the NCAA Division I Men's Basketball Championship. The subcommittee agreed to forward the issue of event certification to the NCAA Division I Men's Basketball Issues Committee for review and possible recommendations for legislative changes. The NCAA Division I Women's Basketball Issues Committee will review the issue for possible concerns related to women's events.

s. Review of Bylaw 15.3.3.1 (One-Year Period) and Related Division I Management Council Administrative Review Subcommittee Waiver Requests. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Financial Aid concerning its review of recent waiver requests of Bylaw 15.3.3.1. The subcommittee reviewed the circumstances of student-athletes who do not receive athletics aid during the fall term due to academic ineligibility under required conference or institutional requirements (e.g., grade-point average), but become academically eligible for the spring term. Waivers to provide student-athletes with athletics aid for the spring term only have been granted in circumstances in which the institution provides documentation in support of the conference or institutional requirements. Waivers have not been granted in circumstances in which the institution has used discretion to not award athletics aid to a student-athlete for the fall term due to various reasons (e.g., academic ineligibility, disciplinary), but have sought to award athletics aid for the spring term only. The subcommittee supported the current analysis and decisions of these waivers and requested continued reports regarding waiver requests for the 2007-08 academic year. The subcommittee also reviewed the one-year period legislation and agreed that it applies to student-athletes who have exhausted their eligibility or qualify for a medical exemption.

t. Financial Aid Workshop. The cabinet received a report from the Subcommittee on Financial Aid regarding the Financial Aid Workshop, which was held February 12, in conjunction with the cabinet meeting. The subcommittee hosted approximately 32 individuals from the institutional financial aid community, conference representatives, institutional athletics administrators and student-athletes to share best practices and identify current issues relevant to the financial aid community, athletics programs and student-athletes. Issues related to institutional and need-based aid, outside awards, processing countable aid, education and resources, one-year period legislation, international student financial aid and summer aid were discussed. The subcommittee compiled and discussed the resulting recommendations. The subcommittee will continue its discussions of the recommendations and possible action plans during the June cabinet meeting.

u. Athletics-Activity Waivers. The cabinet received a report from the NCAA Division I Committee on Student-Athlete Reinstatement related to its review of trends in the use of athletics-activity waivers throughout the last two years in order to identify any potential abuses. The athletics-activity waiver was adopted in 1991 and provides an opportunity for Division I student-athletes to earn a one-year extension of their five-year period of eligibility based on their inability to participate in intercollegiate athletics because of involvement in elite-level competition. The committee determined it was not necessary to propose any changes at this time, but noted it is important to track on the issue in order to identify any alarming trends that may arise in the future.

v. Violations of Bylaw 14.11.1. The cabinet received a report from the Committee on Student-Athlete Reinstatement related to its review of a sampling of cases processed involving violations of Bylaw 14.11.1 (institution's obligation to withhold a student-athlete). The committee encouraged the reinstatement staff to consider the following factors in determining if withholding is appropriate for Bylaw 14.11.1 violations:

(1) Was a competitive advantage gained?

(2) Did the student-athlete have any responsibility or knowledge that he or she should have been withheld?

(3) What was the institutional error that lead to the Bylaw 14.11.1 violation?

w. Violations Involving the Receipt of Impermissible Books. The cabinet received a report from the Committee on Student-Athlete Reinstatement related to its review of cases in which a student-athlete was provided with impermissible books as part of his or her athletics scholarship. In these instances, student-athletes either obtained books for classes for which they were not enrolled or purchased books for other individuals. The committee noted that, generally, in these cases the standard withholding guidelines for impermissible benefits should be used, but indicated that the following factors should be considered to determine if an increase or decrease in withholding is warranted:

(1) Was an institutional staff member involved or was there an institutional system breakdown which would reasonably lead a student-athlete to believe that the receipt of books was permissible?

(2) What did the student-athlete's scholarship agreement state regarding the receipt of books?

(3) Was the institution's book policy clear as to which books a student-athlete could permissibly receive (i.e., required books for classes in which the student-athlete would be enrolled) and if so, was it communicated to the student-athlete?

(4) Was it reasonable for the student-athlete to believe that a particular book was required for a course?

(5) Was the book recommended for a course?

(6) Did the student-athlete provide books to others?

(7) Did the student-athlete obtain the books with intent to sell them?

(8) The value of the impermissible books.

(9) What the student-athlete did after obtaining or selling the books.

(10) Whether the student-athlete was enrolled in the course and subsequently dropped it during the term.

(11) Whether it is reasonable to believe that a student-athlete was going to add a course that would require the book.

(12) Extraordinary circumstances that would diminish the student-athlete's culpability.

x. Requests for a Sixth Year of Eligibility. The cabinet received a report from the Committee on Student-Athlete Reinstatement regarding requests for a sixth year of eligibility, including a recent case involving a request related to child care obligations. The committee noted that current NCAA legislation does not provide an exception for a man or a woman related to the obligations of child care. The committee determined that under the extension criteria, cases of child care could be reviewed on a case-by-case basis to determine if an extension is warranted. In addition, the committee generally discussed the criteria required to earn a sixth year of eligibility. The current legislation has three exceptions that provide the student-athlete the opportunity to receive a sixth year: for participation during a particular year in an Olympic-level activity, for serving a church mission or serving in the military, or for the medical reason of pregnancy. The committee determined that a continued review of reasons warranting a sixth year should occur but that discussions needed greater membership input and should occur after a decision is made regarding the concept of five seasons of competition.

y. Letters to Chancellors and Presidents. The cabinet received a report from the Committee on Student-Athlete Reinstatement regarding its discussion of circumstances in which a letter should be sent to the chancellor or president when relief is provided based on institutional error or misinformation. The committee provided greater guidance and indicated that letters should be sent when relief is provided under one of the following circumstances:

(1) Institutional error results in an ineligible student-athlete competing when he or she would have otherwise been withheld.

(2) The student-athlete reinstatement staff or the committee forgives repayment as a result of institutional error.

(3) The student-athlete reinstatement staff or the committee provides relief based on widespread error on campus or egregious misadvisement or error by an institutional staff member.

z. Review of NCAA Compliance Forms. The cabinet began its initial review of the 2007-08 compliance forms and discussed possible changes in the appropriate subcommittee meetings. The subcommittees will discuss additional changes, if necessary, during conference calls prior to the June cabinet meeting. In addition, copies of the forms will be provided to members of the Collegiate Commissioners Association Compliance Administrators for additional feedback. The cabinet will review and approve the final forms during its June meeting and the forms will then be posted to the NCAA Web site.

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

(1) Amateurism Fact-Finding Committee.

(a) Chandra Bierwirth, George Washington University, as chair of the committee.

(b) Valerie Sheley, University of South Carolina, Columbia.

(d) Julie Lessiter, Northwestern State University.

(e) Stan Williamson, Campbell University.

Cabinet Liaisons: Julie Cromer, Membership Services