REPORT OF THE
NCAA
DIVISION I MANAGEMENT COUNCIL
ADMINISTRATIVE
REVIEW SUBCOMMITTEE
ACTION ITEMS.
·
None.
INFORMATIONAL ITEMS.
1.
Guidelines for Waiver
Requests of NCAA Bylaw 14.7.1 (outside competition – sports other than
basketball) and the Canadian Mann and Minto Cups (men’s lacrosse). During its October 9 teleconference, the
NCAA Division I Management Council Administrative Review Subcommittee reviewed
repetitive requests involving the sport of men’s lacrosse and Bylaw
14.7.1. Specifically, member institutions
have sought waivers for student-athletes to miss class time at the beginning of
the academic year (early September) in order to participate in either the Mann
Cup or the Minto Cup. The Mann Cup
has been awarded in
During its June meeting,
the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on
Continuing Eligibility reviewed a request submitted by the Intercollegiate
Men’s Lacrosse Coaches Association to add the Mann and Minto Cup
tournaments to the list of exceptions to the outside competition regulations
found in Bylaw 14.7.3 (exceptions to the outside-competition regulations). The Administrative Review Subcommittee did
not support this legislative recommendation because only a small number of
student-athletes are impacted (four to six per year). The Administrative Review Subcommittee
had concerns about class time missed (approximately one week of class) by the
student-athletes participating in these events. In addition, the Administrative Review Subcommittee
noted the intent of the outside competition legislation and noted there are
several similar types of competition that do not receive waivers or have
exceptions.
From
1999 through August 2006, ARS received 18 ARS waiver request. The Administrative Review Subcommittee
noted that the initial requests related to these events involved minimal
missed-class time (one to two days); however, recent requests have shown a
substantial increase in missed class time (up to a full week). The Administrative Review Subcommittee
determined that based on the extended history of the events (since 1901), the
small number of student-athletes participating each year (four to six) and the
amateur nature of the competition, relief via the waiver process could be
provided as long as the student-athletes are missing no more than two days of
class/campus
time. The Administrative Review Subcommittee
determined that minimizing the amount of missed class time is consistent with
the intent of the legislation and the overall principle that student-athletes
should miss minimal class and/or campus time due to competition. The Administrative Review Subcommittee
requested that the staff inform the Intercollegiate Men’s Lacrosse
Coaches Association as well as those member institutions who submitted these
waivers for the past two fall seasons (2005 and 2006) of the Administrative
Review Subcommittee’s determination so that future appropriate
arrangements can be made.
2. Review of Staff and Administrative Review Subcommittee
Decisions. During its October 9
teleconference, the Administrative Review Subcommittee reviewed the cases
decided at the staff level that were not appealed to the Administrative Review
Subcommittee from February 1 through June 30. A total of 161 cases were reviewed by
the staff, with 111 being granted and 44 of those cases being granted under a
flexible approach (e.g., without case precedent or guidance from the Administrative
Review Subcommittee). The Administrative
Review Subcommittee approved the staff’s decision in all 44 cases. The staff denied 49 cases based on case
precedent, intent of the legislation, a lack of documentation in support of the
assertions and/or a directive.
Forty-one of the staff-denied cases were not appealed to the Administrative
Review Subcommittee. The Administrative Review Subcommittee
reviewed the cases that were staff denied and appealed to the Administrative
Review Subcommittee, as well as reconsideration requests decided by either the
staff or the Administrative Review Subcommittee, from February 1 through June
30. Eight cases were appealed and affirmed
by the Administrative Review Subcommittee.
The Administrative Review Subcommittee noted there was one-blanket waiver
issued during this period.
The Administrative
Review Subcommittee also noted that the staff was able to visit in September
with the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee
on Financial Aid to review waivers involving Bylaw 15 (financial aid) received
for the 2005-06 academic year. The Administrative
Review Subcommittee noted that the Subcommittee on Financial Aid was supportive
of the staff and Administrative Review Subcommittee decisions in regards to the
40 financial aid waivers received.
The Administrative Review Subcommittee encouraged the staff to continue
to visit periodically with the Subcommittee on Financial Aid to review the financial
aid waivers received to determine whether future legislative proposals or guidelines
would be appropriate.
3. NCAA Division I Proposal No. 2006-62 (eligibility
– seasons of competition – tennis and swimming and diving -
exception – mandatory military service). During its October 9 teleconference, the
Administrative Review Subcommittee reviewed the status of Proposal No. 2006-62
and noted that the cabinet was not supportive. The Administrative Review Subcommittee
noted that depending on the outcome of this
proposal, the
review and/or analysis of these waiver requests will change. The Administrative Review Subcommittee
noted that if the proposal is defeated in January or April 2007, the waiver
process will be available for those individuals enrolling for the 2007-08
academic year or thereafter; however, due to the membership’s nonsupportive
stance regarding the proposed exception, the circumstances of mandatory
military in and of itself will not result in relief from the legislation.
Subcommittee Chair: Mike Moore,
Staff Liaisons: Laura M. Wurtz, Membership Services
Vanessa Fuchs, Membership Services