REPORT OF THE JUNE 11-13, 2007 AEC CABINET MEETING

permitted prior to collegiate enrollment beyond tuition, fees, room and board and books will assist in preparing students for the rigors of a four-year college education. Finally, this proposal is consistent with the students-first philosophy.

c. Bylaw 12.1.2.1.6 – Amateurism – General Regulations – Preferential Treatment, Benefits or Services – Restitution. The cabinet sponsored legislation to amend Bylaw 12.1.2.1.6 to specify that for violations in which the value of the benefit is $100 or less, the eligibility of the individual shall not be affected conditioned on the individual repaying the value of the benefit to a charity of his or her choice. However, the individual shall remain ineligible from the time the institution has knowledge of receipt of the impermissible benefit until he or she repays the benefit. If the violation involves institutional responsibility, it remains an institutional violation per NCAA Constitution 2.8.1, and documentation of the individual's repayment shall be forwarded to the enforcement staff. Currently, there are several identified bylaws in which if the value of the benefit is $100 or less and conditioned on repayment of value of the benefit, an individual's eligibility is not affected. In cases involving preferential treatment, if the value of the benefit is $100 or less, the NCAA Division I Committee on Student-Athlete Reinstatement and the NCAA reinstatement staff only require repayment and do not withhold the individual from competition. Thus, similar to extra benefit violations, violations of the preferential treatment legislation also should require only restitution. In instances in which there is institutional responsibility, the violation remains an institutional violation and must be reported to the NCAA enforcement staff.

d. Bylaw 12.5.1.4.1 – Amateurism – Promotional Activities – Schedule Cards – De Minimis Violation. The cabinet sponsored legislation to amend Bylaw 12.5.1.4.1 to specify that violations of the schedule cards legislation shall be considered institutional violations per Constitution 2.8.1; however, they shall not affect a student-athlete's eligibility. Currently, in a case in which a student-athlete's name or picture appears on the same page of a schedule card as an advertisement that includes language other than the commercial product's name, trademark or logo, the student-athlete's eligibility is affected. Although an institution must go through the reinstatement process, the student-athlete's eligibility has traditionally been reinstated with no condition. In an effort to decrease bureaucracy, these violations should not affect eligibility since the student-athlete rarely has control over these situations. Such violations still would be considered institutional violations and would need to be reported to the enforcement staff.

e. Bylaw 12.5.1 – Amateurism – Permissible Promotional Activities – Co-sponsorship and Sale of Photographs. The cabinet sponsored legislation to amend Bylaw 12.5.1. Specifically, the legislation specifies that a permissible promotional activity may involve co-sponsorship by a commercial entity, as approved by the institution, subject to the following conditions:

(1) The promotion must identify (e.g., via graphics, voice-over, text) the commercial entity and explain its affiliation with the institution, conference or noninstitutional charitable, educational or nonprofit agency (e.g., entity is the official sponsor of the institution or event);

(2) The promotion may not include language or action (e.g. voice-over, use of product of services, product placement, text) which directly encourages the use or purchase of a commercial product or service;

(3) A co-sponsor's product or service may not be included in the promotional activity, except for the normal use of athletics equipment and apparel; and

(4) The promotion may not include co-sponsorship by a commercial agency that is involved in or promotes sports-wagering activities.

The legislation also would eliminate the requirement that all moneys derived from an activity go directly to the institution or conference or to the charitable, educational or nonprofit agency. In addition, Bylaw 12.5.1.1.2 would be amended to allow promotional activities to occur at the location of a commercial establishment, which may be a co-sponsor of the activity, provided the student-athlete does not promote the sale of a commercial product or service in conjunction with the fundraising activity. Finally, Bylaw 12.5.1.8 would be amended to allow photographs of student-athletes to be sold in the same manner as is currently permissible for highlight videos and media guides. The cabinet noted the elimination of the requirement that the appearance of a commercial co-sponsor be limited to the reproduction of the sponsoring company's officially registered regular trademark or logo does not open the door to elaborate advertisements. It simply deregulates an outdated and often confusing standard. The current legislation addresses this limitation in the context of printed items. Interpretations were necessary to extend the limitation to other media. The key is the requirement that the relationship between the institution and the commercial co-sponsor must be explained in the promotional activity. It is important that the relationship or affiliation of the commercial co-sponsors with the institution, conference or noninstitutional charitable, education or nonprofit entity be explained as a part of the promotional activity. In activities that have multiple commercial co-sponsors, a common relationship or affiliation does not have to be explained separately for each commercial co-sponsor. Further, the product or service of a co-sponsor may not be included in the promotional activity, except for the normal use of athletics equipment and apparel. Athletics apparel and equipment manufacturers that support an institution's athletics program should be allowed to be recognized as sponsors when the apparel or equipment is in normal use in an athletics context.

f. Bylaws 12.5.1 and 12.5.2 – Amateurism – Permissible and Nonpermissible Promotional Activities – Commercial Advertisements or Promotions. The cabinet sponsored legislation to amend Bylaws 12.5.1 and 12.5.2 to specify that an advertisement or promotion by a commercial entity (except for any entity that is involved in or promotes sports wagering) may feature competition video footage, competition audio or competition photographs involving a student-athlete with eligibility remaining, provided the following conditions are met:

(1) The advertisement or promotion must be approved by the institution's athletics director (or his or her designee who may not be a coaching staff member);

(2) The advertisement or promotion must identify (e.g., via graphics, voice- over, text) the commercial entity and explain its affiliation with the institution, conference or the NCAA (e.g., entity is the official sponsor of the institution or event); and

(3) Any language or action (e.g., voice-over, use of product or service, text) included in the advertisement or promotion which directly encourages the use or purchase of a commercial product or service of the commercial entity may not be attributable to or made by the student-athletes, institution, conference or the NCAA.

This proposal addresses the appearance of the name, image or likeness of student-athletes in commercial advertisements or promotions by sponsors with whom institutions, conferences or the NCAA have an affiliation. The proposal was developed in the spirit of balancing the importance of commercial sponsors in maintaining a comprehensive athletics program and the importance of protecting student-athletes from being exploited by commercial entities. The appearance of student-athletes' names, pictures or likenesses in competition video footage, audio or pictures does not create a direct endorsement of commercial products or services. The ability to allow such advertisements or promotions provides an institution, conference or NCAA the flexibility of determining the manifestation of its relationship with commercial entities. Further, the increased flexibility may increase the ability of an institution (or conference or NCAA) to strengthen its relationship with commercial sponsors and increase the ability of institutions to support a comprehensive athletics program or the programming of the conference and NCAA. The importance of limiting the use of student-athletes' names, pictures or likenesses to competition footage, audio, or photographs is that it helps protect student-athletes' time and prevents direct endorsements by student-athletes.

g. Bylaw 12.5.3 – Amateurism – Promotional Activities – Media Activities – Use of a Student-Athlete's Name, Image or Likeness by a Media Entity to Promote Coverage of an Intercollegiate Contest or Event. The cabinet sponsored legislation to amend Bylaw 12.5.3 to specify that a media entity, or its authorized distributor, may feature a student-athlete's name, image or likeness in promotions of its coverage of intercollegiate contests or events in which the student-athlete's institution will or may participate, or has previously participated. Use of a student-athlete's name, image or likeness in such promotions shall be limited to competition video footage, competition audio or competition photographs. Media entities may feature a student-athlete's name, image or likeness in the course of their journalistic coverage of news (and the promotion of such coverage) concerning the student-athlete or his or her institution or conference or the NCAA. With the growth of media entities and their coverage of intercollegiate athletics events, it is important to clarify the permissible use of student-athletes' names, pictures or likenesses in such promotions. This proposal does not significantly change the current standard, but codifies the typical manner in which the broadcasts of intercollegiate contests or events may be promoted using the names, likenesses and photographs of student-athletes with eligibility remaining. The restriction of the use of student-athletes' names, pictures or likenesses to competition video footage, competition audio or competition photographs provides that no additional student-athlete time will be spent in these promotional activities. It should be noted that it will remain permissible for news media to use the name and likeness of a student-athlete in the context of promoting its coverage of an event, story or interview involving the student-athlete. Such use of a student-athlete's name or likeness traditionally has been considered to be informational and not intended to promote the use of the news media's products or services. Additional student-athlete involvement in media activities, such as in-game interviews or stories remains permissible and is specifically addressed in Bylaw 12.5.3.

h. Bylaw 13.4.2.4 – Recruiting – Recruiting Materials – Video/Audio Materials – Computer Recruiting Presentations. The cabinet sponsored legislation to amend Bylaw 13.4.2.4 to permit an institution to show a computer recruiting presentation during any permissible contact with a prospective student-athlete regardless of the location and to permit an institution to post a computer recruiting presentation on its Web site. The issue of showing computer recruiting presentations to prospective student-athletes at locations other than during an in-home visit or during an official or unofficial visit was not considered by the sponsor of NCAA Proposal No. 2006-43 (Bylaw 13.4.2.4). Permitting a computer recruiting presentation to be shown at other locations (e.g., prospect's educational institution) during a permissible contact would not adversely impact the original intent of the legislation, which was to enable an institution to provide a prospect with additional information about its educational and athletics programs through a medium other than printed materials. This recommendation also would permit an institution to post a computer recruiting presentation on its Web site in order to provide greater access to prospects.

i. Bylaw 13.1.1.3 – Recruiting – Contact with Four-Year Prospective Student-Athletes from non-NCAA or non-NAIA Four-Year Institutions. The cabinet sponsored legislation to amend Bylaw 13.1.1.3 to include a requirement that an institution provide written notification (including electronic written notification) of its intent to contact a student-athlete to the director of athletics of any non-NCAA or non-NAIA four-year institution that sponsors intercollegiate athletics prior to contacting a student-athlete from one of those institutions. Concern has been expressed over the recruiting practices of some coaches as it relates to the ability to contact student-athletes enrolled at Canadian institutions. Current legislation only requires that institutions obtain permission to contact student-athletes who attend an NCAA or NAIA institution. The Canadian Colleges Athletics Association and Canadian Interuniversity Sport currently have regulations that require notification and communication between the directors of athletics prior to contacting student-athletes enrolled at institutions within those associations. NCAA coaches should be required to provide similar notification to non-NCAA and non-NAIA four-year collegiate institutions that sponsor intercollegiate athletics prior to contacting student-athletes at those institutions. This requirement will help ensure fairness and provide some consistency as it relates to recruiting practices.

j. Bylaw 13.4.1.1.1 – Recruiting – Recruiting Materials – Printed Recruiting Materials – Express Mail Delivery Services. The cabinet sponsored legislation to amend Bylaw 13.4.1.1.1 to permit an institution to use express mail delivery services to send pre-enrollment information to prospective student-athletes who have signed a National Letter of Intent or written offer of admission and/or financial aid with an institution. Current legislation precludes the use of express mail delivery services to provide recruiting materials to prospects in order to minimize any potential recruiting advantage. Institutions will not gain a recruiting advantage by using express mail delivery services to send pre-enrollment information to prospective student-athletes that have already signed with the institution. Further, limiting the use of express mail delivery services to only pre-enrollment information (e.g., housing, registration forms) to those prospects that have signed with an institution will greatly reduce any potential cost concerns with this legislation.

k. Bylaw 13.16.1.1 – Recruiting – U. S. Service Academy Exceptions – Contacts – During Junior Year in High School. The cabinet sponsored legislation to amend Bylaw 13.16.1.1 to permit, in football, U.S. Service Academies to contact junior prospective student-athletes during the spring evaluation period. This proposal is necessary to restore the original intent of the legislation. When the original legislation was adopted, sport-specific recruiting calendars did not exist. All sports were treated the same and the last day for contacts was June 15. With the evolution of the football recruiting calendar, the exception for service academies is no longer applied in a manner consistent with its original intent in football since the only contact period occurs from the Sunday following the last Saturday in November through the Saturday prior to the initial date for signing the National Letter of Intent. This limited opportunity to contact juniors is in conflict with congressionally required institutional procedures that apply to all prospective cadets and midshipmen. To be considered for an appointment to a service academy, a candidate must have a nomination from an authorized nominating source, typically from a congressional representative. The timeline for requesting nominations from congressional offices is spring/summer prior to the senior year of high school since most nomination packages are due to congressional offices in October/November of the senior year. The current football recruiting calendar does not fit within this timeline. It is important to note that the overall number of contacts will not increase.

l. Bylaw 30.11.5 – Administrative Regulations – Recruiting Calendars – Men's Lacrosse. The cabinet sponsored legislation to amend Bylaw 30.11.5 to specify that, in men's lacrosse, athletics evaluations are not permissible from the first Monday of January through Dr. Martin Luther King Jr. Day and from September 1 through October 31; and, to further revise the men's lacrosse recruiting calendar. Prospective student-athletes should be encouraged to participate in multiple high school sports. The current recruiting calendar has provided the opportunity for the proliferation of club teams, thereby forcing prospective student-athletes to decide to either play a fall high school sport or to play for a club lacrosse team. The Intercollegiate Men's Lacrosse Coaches Association (IMLCA) has met with numerous high school coaches who have become very concerned that prospective student-athletes are being pressured by the club teams through the notion that their college recruiting would be negatively affected if they do not play for a club in the fall sports season. The presence of club teams also puts pressure on the college coaches to believe that they must increase their travel schedule in order to see more prospects. As the sport of men's lacrosse continues to grow, the IMLCA has suggested these changes to the recruiting calendar in order to positively influence the lifestyles of the coaches.

m. Bylaws 14.01.1 and 14.10.1 – Eligibility – Certification of Eligibility –Institutional Responsibility – De Minimis Violation. The cabinet sponsored legislation to amend Bylaws 14.01.1 and 14.10.1 to specify that in instances in which all necessary information was available to the institution to certify eligibility and the student-athlete would have been eligible for competition, violations of these bylaws shall be considered institutional violations per Constitution 2.8.1; however, they shall not affect the student-athlete's eligibility. Currently, in a case in which certification of a student-athlete's eligibility does not occur prior to allowing him or her to represent the institution in intercollegiate competition and the student-athlete was otherwise eligible, the student-athlete becomes ineligible and reinstatement must be sought. In these instances, since a student-athlete was otherwise eligible for the competition, eligibility is reinstated without conditions. In an effort to decrease bureaucracy and consistent with the students-first philosophy, these violations should not affect eligibility. For this provision to be applicable the student-athlete must have been otherwise eligible (absent certification) and all necessary information for certification must have been available to the institution. This ensures that the provision will only apply to paperwork violations in which the institution could have certified the student-athlete's eligibility. Such violations will continue to be considered institutional violations and must be reported to the enforcement staff.

n. Bylaw 14.2.6.3.1 – Eligibility – Season-of-Competition Waiver – Competition While Eligible. The cabinet sponsored legislation to amend Bylaw 14.2.6.3.1 to increase the maximum number of contests or dates of competition in which a student-athlete may participate in a season and remain eligible for a season of competition waiver -- competition while eligible -- to three scheduled or completed contests or dates of competition or 30 percent of the institution's scheduled or completed contests or dates of competition. Currently, a student-athlete may be granted an additional season of competition by the student-athlete reinstatement committee when, due to extenuating circumstances, per Bylaw 14.2.6.3, the student-athlete, while eligible, participated in not more than two events or 20 percent (whichever number is greater) of the institution's scheduled or completed events in his or her sport. Recently adopted legislation related to the hardship waiver increased the number of contests or dates of competition or percentage of the season for student-athletes who suffer a season-ending injury or illness to three events or 30 percent (whichever number is greater) of the institution's scheduled or completed events in his or her sport. In an effort to provide an equal opportunity to student-athletes who participate in limited competition as a result of other extenuating circumstances, the standards used to evaluate eligibility for a season-of-competition waiver -- competition while eligible should be similar to those of the hardship-waiver legislation. This recommended increase in percentage does not apply to the provision of the legislation regarding the documented misunderstanding of a coach (Bylaw 14.2.6.2).

o. Bylaw 14.3 – Eligibility – Freshman Academic Requirements – Early Academic Certification. The cabinet sponsored legislation to establish an early certification exception to the freshman academic requirements such that a prospective student-athlete who meets the following academic criteria will be certified as a qualifier:

(1) The prospective student-athlete has achieved a test score, per Bylaw 14.3.1.3, of at least 1000 on the SAT (math and verbal) or a sum score of at least 85 on the ACT; and

(2) Based on a six-semester high school transcript, the prospective student-athlete has achieved a core-course grade-point average of 3.000 or higher (based on a maximum of 4.000) in a minimum of 13 core courses. The 13 core courses must include three core courses in English, two in mathematics, two in natural or physical science, and six additional core courses in any NCAA core area.

Colleges and universities frequently admit students after receipt of a six-semester high school transcript and standardized test score. NCAA initial-eligibility rules currently make no similar provision for an "early qualifier" status. The requirement of an eight-semester transcript for all students results in the vast majority of final certifications occurring during July and August, which is significant volume in a short period of time. An early certification process in which a reasonable percentage of anticipated qualifiers would be certified as qualifiers after six semesters of high school will provide member institutions with earlier eligibility decisions, and alleviate some of the volume during the busy summer months. Based on data provided by the NCAA research staff, it is clear that prospective student-athletes who meet this standard would be deemed qualifiers after eight semesters. In addition, this proposal lessens the amount of bureaucracy involved in the NCAA initial-eligibility process. It is important to note that no waiver process is available for prospective student-athletes who do not meet the exception for early certification. Such prospects will be evaluated subject to the standard requirements to be certified as a qualifier.

p. Bylaw 14.4.1.1 – Eligibility – Progress-Toward-Degree Requirements – Bona Fide Foreign Exchange Student Exception. The cabinet sponsored legislation to specify that a student-athlete who meets the bona fide foreign exchange student exception to the transfer legislation in Bylaw 14.5.1.6.1 must meet the following progress-toward-degree requirements:

(1) Six hours of academic credit per regular academic term of full-time enrollment;

(2) 18-semester or 27-quarter hours per regular academic year of enrollment pursuant to Bylaw 14.4.3.1-(b); and

(3) A minimum grade-point average per each academic term of enrollment pursuant to the requirements in Bylaw 14.4.3.3.1.

Current legislation allows student-athletes who meet the bona fide foreign exchange student exception to the transfer legislation in Bylaw 14.5.1.6.1 to participate in intercollegiate athletics competition without meeting NCAA progress-toward-degree requirements while enrolled at the certifying institution. Such student-athletes are only required to maintain progress toward a baccalaureate or equivalent degree at their preceding educational institutions. While these student-athletes often are limited in their ability to designate a degree program at the certifying institution, this recommendation will require a review to determine if they are functioning as students during the academic year and reaching a minimal level of academic achievement.

q. Bylaw 15.02.6 – Financial Aid – Honorary Academic Award/Research Grant – Objective Criteria Unrelated to Athletics. The cabinet sponsored legislation to amend Bylaw 15.02.6 to specify that additional objective criteria unrelated to athletics abilities (e.g., gender, race, ethnicity, religion, academic major, financial need) may be used in determining the recipient of an honorary academic award. The current legislation specifies that the basis for an honorary academic award/research grant shall be the candidate's academic record at the awarding institution. Under the current application, if an institution provides such awards or grants based on additional criteria, such as gender, ethnicity or race, such awards may not be exempted from the team limits. This proposal would expand the current application of the honorary academic award/research grant legislation to permit such awards to be exempted, even if the award includes additional objective criteria unrelated to athletics abilities in determining the recipient of the award. Finally, this proposal supports the principle of student-athlete well-being in a fair and flexible manner.

r. Bylaw 15.5.3.2.1.1 – Financial Aid – Maximum Institutional Grant-in-Aid Limitations By Sport – Equivalency Computations – Academic Honor Awards. The cabinet sponsored legislation to amend Bylaw 15.5.3.2.1.1 to specify that the minimum grade-point average required to exempt an academic honor award from equivalency computations shall be based on the recipient's cumulative high school grade-point average, rather than his or her core-course grade-point average. Based on the approval of the early certification waiver process for 2007-08 and the potential adoption of a separate legislative proposal that would establish an exception for an early academic certification, prospective student-athletes who are certified early will not have a final core-course grade-point average calculated by the NCAA Eligibility Center. Establishing the cumulative high school grade-point average as a criterion of the academic honor award exemption will allow institutions to determine whether a prospective student-athlete meets the grade-point average prong of the legislation based on the final high school transcript. This legislative change would apply to all prospective student-athletes, not just those who are deemed qualifiers after six semesters. Finally, the other legislated criteria related to exempting the academic honor award (e.g., based solely on the high school record) will not be changed.

s. Bylaw 16.2.1.2 – Awards, Benefits and Expenses – Complimentary Admissions and Ticket Benefits – General Regulations – De Minimis Violation. The cabinet sponsored legislation to amend Bylaw 16.2.1.2 to specify that a violation in which a student-athlete's complimentary admissions are provided as hard tickets shall be considered an institutional violation per Constitution 2.8.1; however, such a violation shall not affect the student-athlete's eligibility. Currently, in a case in which an institution does not meet the appropriate procedures (e.g., pass list) in providing a student-athlete complimentary admissions, student-athlete's eligibility is affected. In an effort to decrease bureaucracy, such a violation should not affect the student-athlete's eligibility. In such cases, the provision of the complementary tickets is permissible. It is simply the method by which they are provided that is impermissible. Traditionally, in these instances, the student-athlete's eligibility has been reinstated without conditions. Such a violation will continue to be considered an institutional violation, which must be reported to the enforcement staff.

2. Nonlegislative.

a. Request for Review by the NCAA Division I Management Council Administrative Review Subcommittee. The cabinet requests that the Administrative Review Subcommittee consider issuing a blanket waiver for the 2007-08 academic year only, which would permit institutions to use a prospective-student-athlete's cumulative high school grade-point average, as opposed to his or her core-course grade-point average, when applying the academic honor award exception to the equivalency computation pursuant to Bylaw 15.5.3.2.1.1. The request is for the waiver to apply to all prospective student-athletes for the 2007-08 academic year. Such a waiver is necessary in order for an institution to use the grade-point average prong of the legislation to exempt an academic honor award from the equivalency computation of a prospective student-athlete who receives an early certification waiver. The current legislation requires the use of the core-course grade-point average; however, a final core-course grade-point average will not be calculated for a prospective student-athlete who receives an early certification waiver. Permitting institutions to use the cumulative grade-point average this year, as opposed to the core-course grade-point average, is not likely to have a significant effect on the number of prospective student-athletes for which the exception will apply, and is the least bureaucratic way to resolve the issue. The cabinet has sponsored legislation that would apply the same standard beyond the 2007-08 academic year.

b. Guidelines for Administrative Review Subcommittee Waivers Related to Bylaw 14.5.5.4 – Eligibility for Institutional Financial Aid. The cabinet requests that the Administrative Review Subcommittee consider the following guidelines while reviewing waiver requests for Bylaw 14.5.5.4 (four-year college transfers – eligibility for institutional financial aid):

(1) Barring mitigation, student-athletes should remain engaged in academic activities and complete the final academic term of enrollment at the previous institution.

(2) Consideration should be given to the type of eligibility requirement not satisfied by the student-athlete (e.g., NCAA, conference, institutional).

(3) Mitigating circumstances asserted by the institution should correspond to the specific deficiency presented by the student-athlete.

(4) Mitigation cited in the waiver request should be outside the control of the student-athlete and the institution.

c. Revisions to Academic Certification Procedures. The cabinet revised the procedures used to identify core courses that may be used by a prospective student-athlete in the NCAA initial-eligibility academic certification process in instances in which a high school submits core courses late or a prospect completes courses in the eighth grade. This change allows such courses that meet the NCAA definition of a core course to be used in the initial-eligibility academic certification process and to be included in the certification reports of prospective student-athletes. Under the previous initial-eligibility academic certification process, if a prospective student-athlete's high school failed to update its list of approved core courses in a timely manner, or if the prospective student-athlete completed a core course or multiple core courses during grade eight, the NCAA Initial-Eligibility Clearinghouse would use such courses only if they resulted in qualifier status for the prospective student-athlete. This recommendation will increase the efficiency and timeliness of the initial-eligibility academic certification process for many prospective student-athletes by permitting the eligibility center to accept these courses for all prospective student-athletes. This change will result in a prospective student-athlete's complete academic record being used and applied toward the initial-eligibility requirements.

d. Update Regarding the Recommended Modifications to the Division I Governance Structure. The cabinet received a report regarding the NCAA Division I Management Council Governance Subcommittee's work and recommendations for modifications to the Division I governance structure. The cabinet did not take a formal position; however, individual comments and observations included the following:

(1) Cabinet members understand the challenges of the current structure as articulated by the governance subcommittee, as well as the challenges in formulating recommendations for improvements to the structure.

(2) Cabinet members expressed a mixed reaction to the reorganization overall and, particularly, to the creation of the two new councils (i.e., legislative and leadership). Concern was expressed that more specific articulation of the role of the leadership council is needed. In addition, cabinet members generally are not supportive of the proposed smaller cabinets and their role in the structure.

(3) Individual cabinet members indicated that they do not believe the revised model will increase transparency.

(4) Individual cabinet members expressed concerns regarding the proposed size of the cabinets (i.e., 21 members). Many believe the proposed size is too big to be an effective working group and too small to provide the appropriate diversity and membership necessary to facilitate broad vetting of the issues.

(5) Individual cabinet members are supportive and appreciative of recent revisions to address gender and ethnic diversity.

(6) Individual cabinet members agreed that diversity of position, institutional mission, institutional size and individual perspective are all essential to the development of sound policy and legislation.

e. Formation and Charge of the NCAA Division I Academics/Eligibility/
Compliance Cabinet Transfer Issues Ad Hoc Group. The cabinet received a report regarding the formation and charge of the Transfer Issues Ad Hoc Group. The group was appointed by the NCAA Division I Academics/Eligibility/
Compliance Cabinet Administrative Committee and charged with responding to issues related to student-athlete transfers on behalf of the cabinet. The group will review and address transfer issues in order to:

(1) Follow-up academic reform efforts to determine the impact of the new progress-toward-degree requirements on transfer student-athletes;

(2) Address references to transfer issues in the report of the NCAA Presidential Task Force on the Future of Division I Intercollegiate Athletics; and

(3) Respond to requests from the two-year college community.

In addition, the cabinet recommended that the new governance structure include a component clearly assigning jurisdiction over issues related to transfer student-athletes, including oversight of waivers, appropriate review of research related to student-athlete transfer activity and the academic performance of transfer student-athletes.

f. Review of Academic Performance of Transfer Student-Athletes. The cabinet received a report from the Transfer Issues Ad Hoc Group describing information it received from the research staff regarding the number and proportion of student-athletes who were transfers within the 1995-99 federal graduation rate and Graduation Success Rate cohorts. The data indicates that 17.7 percent of student-athletes overall are transfers, including one in five male student-athletes. Baseball and men's basketball have a relatively higher proportion of transfer student-athletes compared to other sport groups. Generally speaking, student-athletes who do not transfer are 10 percent more likely to graduate than those who transfer at least one time during their collegiate career. Additionally, two-year transfer student-athletes generally do not do as well as four-year college freshmen enrollees, while four-year transfers tend to graduate at a similar rate. The group reviewed the federal graduation rates and Graduation Success Rates of student-athletes who were transfers. Data also was presented related to the effect of transferring on the likelihood of graduation and the time to graduation, including a 1997 Department of Education study that showed students who transfer take an average of seven months longer to graduate. The group will use this data as it continues its examination of student-athlete transfer activity and the transfer eligibility requirements.

g. National Football League Players Association (NFLPA) Agent/Advisor Regulations. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Agents and Amateurism regarding recent changes to the NFLPA agent regulations. Pursuant to the new regulations, NFLPA certified agents are not permitted to have contact with players who are not eligible for the NFL draft. The NFL rule states that a player must be three years removed from high school.

h. Post-Enrollment Issues Related to Prize Money Based on Performance and Competition on a Professional Team – Tennis. The cabinet received a report from the Subcommittee on Agents and Amateurism regarding its discussion related to post-enrollment prize money and participation on professional teams in tennis. The Subcommittee on Agents and Amateurism plans to engage the cabinet in a discussion relating to currently enrolled student-athletes, in tennis, being permitted to receive prize money based the individual's place finish or performance and participating on a professional team. This concept would potentially reduce confusion that exists with tournament directors and participants since prospective student-athletes are allowed to accept prize money based on place finish or performance but current student-athletes are not afforded this opportunity. In addition, current NCAA legislation limits a student-athlete to receiving, on an event-by-event basis, actual and necessary expenses from the nonprofessional organization that is sponsoring the competition; however, the expenses may not be conditioned on the student-athlete's place finish or performance in the event. The Subcommittee on Agents and Amateurism plans to engage the cabinet in this discussion at the September 2007 or February 2008 cabinet meeting.

i. Review of United States Golf Association (USGA) Recommendations Related to Amateurism Issues. The cabinet received a report from the Subcommittee on Agents and Amateurism regarding its review of information received from the USGA regarding its own governing regulations that permit prospective student-athletes to receive financial assistance for reasonable expenses not exceeding actual expenses incurred to play in a golf competition or exhibition from sources other than those permitted pursuant to NCAA rules. The USGA recommendation would allow a prospective student-athlete to receive expenses from anonymous sources or through the prospect's state or regional golf association. The subcommittee discussed the recommendations but took no action.

j. Application of Bylaw 14.5.5.4 – Four-Year College Transfers – Eligibility for Institutional Athletically Related Financial Aid. NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Continuing Eligibility discussed the application of Bylaw 14.5.5.4. The Subcommittee on Continuing Eligibility requested that that the NCAA Division I Legislative Review and Interpretations Committee issue an interpretation to indicate that Bylaw 14.5.5.4 does not apply in the following situations:

(1) The student-athlete transferred from a four-year institution and the original four-year institution did not sponsor the sport on the intercollegiate level while the student-athlete was in attendance at the institution, provided the student has not transferred from any other collegiate institution that offered intercollegiate competition in the sport; or

(2) The student-athlete has not participated in intercollegiate competition and has not engaged in other countable athletically related activities in the sport beyond a 14 consecutive-day period.

In its review, the Subcommittee on Continuing Eligibility noted that the intent and rationale of Proposal No. 2005-171 included references to requiring that the student-athlete previously was eligible for competition. As such, the Subcommittee on Continuing Eligibility believes that students who were not student-athletes at their previous institutions were not intended to be included in this legislation.

k. Review of Waiver Cases Citing Institutional Policies as Mitigation for Failure to Meet Progress-Toward-Degree Requirements. The cabinet received a report from the Subcommittee on Continuing Eligibility concerning its review of staff decisions in waiver cases in which institutional polices have been cited as mitigation. The Subcommittee on Continuing Eligibility noted that several institutions have repeatedly presented institutional policies that result in transfer student-athletes being unable to meet progress-toward-degree legislation as mitigation in waiver cases. The Subcommittee on Continuing Eligibility determined that an initial waiver citing institutional policy as mitigation could be approved, but the staff should not accept the same mitigation if an additional waiver is requested in the future for the same student-athlete.

l. Possible Appellate Process for Bylaw 14.4.3.6 Waivers (Medical Absence and International Competition). The cabinet received a report from the Subcommittee on Continuing Eligibility regarding its discussion of the possible creation of an appellate process for a waiver of progress-toward-degree legislation based on medical absence or international competition that is denied by a conference office. Specifically, appeals would be heard by the NCAA Division I Progress-Toward-Degree Waivers Committee in a manner similar to the appellate process that exists in medical hardship cases. The Subcommittee on Continuing Eligibility directed the staff to gather additional feedback from involved parties and provide a report at the September cabinet meeting.

m. Use of Nontraditional Coursework to Satisfying Progress-Toward-Degree Requirements. The cabinet received a report from the Subcommittee on Continuing Eligibility related to its discussion on the use of nontraditional coursework relative to full-time enrollment and progress-toward-degree requirements. The Subcommittee on Continuing Eligibility agreed to undertake a review of all legislation related to nontraditional coursework in light of changes in instruction due to technology and asked staff to prepare information for the September cabinet meeting.

n. Review of Exceptions to Bylaw 16.8.1.2.1 – Departure/Return Expense Restrictions. The cabinet received a report from the Subcommittee on Continuing Eligibility regarding its discussion related to a blanket waiver issued by the Administrative Review Subcommittee related to departures from campus more than 48 hours prior to the start of a conference tournament/championship and a forthcoming legislative proposal to codify the provisions of the waiver. While the Subcommittee on Continuing Eligibility noted the potential increase in missed class or campus time due to the waiver, it generally supported the increased flexibility for institutions. The Subcommittee on Continuing Eligibility made several suggestions for consideration in the review of the proposal and suggested a reporting mechanism for institutions that apply the blanket waiver or potential legislation so the NCAA national office can track the frequency of such instances.

o. Follow-Up to Financial Aid Workshop. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Financial Aid regarding its plans to address topics and issues raised during the Financial Aid Workshop, which was held in conjunction with the February cabinet meeting. The workshop included 32 individuals from the institutional financial aid community, as well as conference representatives, institutional athletics administrators and student-athletes who met to share best practices and identify current issues relevant to the financial aid community, athletics programs and student-athletes. The Subcommittee on Financial Aid reviewed the executive summary of recommendations and organized the recommendations into three categories: (1) legislation, (2) education and (3) communication. The Subcommittee on Financial Aid requested that the staff begin to implement the recommendations related to education and communication and begin to research and gather data related to the recommendations requiring legislative action. The Subcommittee on Financial Aid will continue to discuss the results of the workshop during the September cabinet meeting.

p. Timing of Financial Aid Certification. The cabinet received a report from the Subcommittee on Financial Aid regarding its review of a legislative concept from the Big 12 Conference that would allow a student-athlete who is completing institutional paperwork regarding financial aid to practice or tryout for a 14 consecutive-day period without incurring violations related to institutional or individual financial aid limits. Under the current legislation, if an institution wants to ensure that a student-athlete reporting for practice or tryouts will not trigger counter status or result in a violation for exceeding individual or team financial limitations, the institution must confirm the student's recruited or nonrecruited status in conjunction with the nature and extent of the student-athlete's noninstitutional sources of financial aid prior to any practice. The Subcommittee on Financial Aid offered feedback regarding the concept to the Big 12 Conference; however, the subcommittee agreed to take no action at this time.

q. Review of Research Related to Initial-Eligibility Issues. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues regarding its review of research data related to the academic performance of student-athletes entering member institutions under the 14 core-course initial-eligibility requirement. The Subcommittee on Initial Eligibility noted that the academic outcomes for these student-athletes between 2003-04 and 2005-06 have remained steady, and noted further that the outcomes show a change in test-taking behavior among those student-athletes falling close to the margins of the previous sliding scale (e.g., 820 SAT). The Subcommittee on Initial Eligibility also reviewed data related to the academic performance of student-athletes who have received an initial-eligibility waiver. Because these student-athletes tend to have lower academic profiles than the typical Division I student-athlete, they generally tend to perform at a lower level academically in college. The Subcommittee on Initial Eligibility asked the research staff to obtain and collect data regarding student-athletes who receive an initial-eligibility waiver and who also require a progress-toward-degree waiver during their academic career, and/or lose NCAA Division I Academic Progress Rate points during their academic career.

r. Core-Course Time Limitation and Proposal No. 2006-65-A. The cabinet received a report from the Subcommittee on Initial-Eligibility Issues regarding its discussion related to newly adopted Proposal 2006-65-A and the effect of the revised core-course time limitation. The Subcommittee on Initial Eligibility Issues agreed to solicit input on this new legislation and forward that input to NCAA staff for further discussion during the September cabinet meeting.

s. Employment of Prospective Student-Athletes' Coaches at Institutional Sports Camps and Clinics. The cabinet received a report from the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Recruiting regarding its discussion related to the employment of prospective student-athletes' coaches at institutional camps and clinics and expressed concern regarding the potential recruiting advantage gained through these employment arrangements. The Subcommittee on Recruiting was presented with findings from a survey conducted by the NCAA research staff on this subject in May 2007. The Subcommittee on Recruiting noted the low response rate and its impact on the validity of the survey results. The Subcommittee on Recruiting agreed that the survey should be revised to focus on the issue of compensation of prospective student-athletes' coaches for serving as speakers at institutional camps and re-distributed to member institutions in August 2007 in an attempt to gain a higher response rate and more meaningful information. The Subcommittee on Recruiting will review the survey results during a future meeting.

t. National Football Foundation Request Regarding Offers and Inducements, Publicity and Precollege Expenses. The cabinet received a report from the Subcommittee on Recruiting concerning its review of a request from the National Football Foundation (NFF) to permit institutional staff members, coaches and conference office staff members to be involved in the NFF's local chapter fundraising activities. The Subcommittee on Recruiting noted the staff has previously indicated it is permissible for institutions and conferences to participate in fundraising activities if the donations are made to the NFF at the national level. The NFF may then redistribute funds donated to the national organization, provided they are not earmarked for any specific prospective student-athletes or scholarship programs. Accordingly, the Subcommittee on Recruiting agreed the guidance already provided by the staff outlines an appropriate structure by which the NFF may conduct its fundraising activities consistent with NCAA legislation. The Subcommittee on Recruiting noted the laudable efforts of the NFF in providing opportunities to many prospective student-athletes and its role in fostering the growth of youth football; however, concern was expressed that providing a legislative exception in this instance could result in many unintended consequences related to impermissible recruiting inducements and precollege expenses.

u. Technology in Recruiting. The cabinet received a report from the Subcommittee on Recruiting related to its discussion regarding the adoption of Proposal No. 2006-40. The Subcommittee on Recruiting noted that legislation will likely be proposed to amend the current ban on text messaging and agreed to continue to monitor the issue. In addition, the Subcommittee on Recruiting requested that the Legislative Review and Interpretations Committee issue an official interpretation to state that it is not permissible for institutional staff members to use a service or software that converts electronic mail sent by an institutional staff member into a text message to a prospective student-athlete. The Subcommittee on Recruiting recognizes institutions cannot control the services, software or devices used by prospects. However, they noted it would be contrary to the intent of the legislation to permit coaches and institutional staff members to use such services or software if they knowingly use a service or software that converts electronic mail to a text message or other impermissible form of electronic communication.

v. Contact with Prospects at High Schools during Evaluation Periods. The cabinet received a report from the Subcommittee on Recruiting concerning its discussion related to the issue of coaches' contacts or "bumps" with prospective student-athletes during evaluation periods. Despite increased rules education and modifications to the definition of a contact in Bylaw 13.02.3, coaches continue to have difficulty in avoiding contact with prospects during evaluation periods, particularly when the coach visits the prospect's educational institution. The Subcommittee on Recruiting agreed to continue to monitor the issue.

w. Review and Approval of NCAA Compliance Forms. The cabinet reviewed and approved final changes to the 2007-08 compliance forms.

x. Review Student-Athlete Reinstatement Cases. The cabinet received a report from the Committee on Student-Athlete Reinstatement regarding its receipt of an overview of all cases processed in each bylaw in an effort to compare reinstatement conditions across bylaws. The Committee on Student-Athlete Reinstatement plans to seek input from various committees within the NCAA structure to ensure appropriate weight is being given to violations of particular bylaws. The discussion regarding the comparison of violations and appropriate conditions will be continued at its next meeting. In addition, the Committee on Student-Athlete Reinstatement continued its discussion regarding recruiting violations. The Committee on Student-Athlete Reinstatement acknowledged the ongoing struggle related to imposing a withholding condition on a prospective student-athlete who may have been innocently involved in a violation in which a significant recruiting advantage was gained by the involved institution. The Committee on Student-Athlete Reinstatement has engaged in conversations with the NCAA Division I Committee on Infractions regarding appropriate penalties for significant recruiting violations. Additional feedback from various entities will be sought regarding these violations in an attempt to identify the most significant recruiting violations and the most appropriate means to address them.

y. Hardship Wavier Appeals. The cabinet received a report from the Committee on Student-Athlete Reinstatement regarding its discussion related to the adoption of Proposal No. 2006-64, which increased the maximum permissible number of contests or dates of competition in which a student-athlete may participate in a season and remain eligible for a hardship waiver to three scheduled or completed contests or dates of competition or 30 percent of the institution's scheduled or completed contests or dates of competition. The Committee on Student-Athlete Reinstatement determined that the student-athlete reinstatement staff should continue to process hardship waiver appeals using the same analysis that was used when evaluating cases under the two contests or dates of competition or 20 percent threshold and that appeals beyond the 30 percent should only be granted if extenuating circumstances are present (e.g., medical misdiagnosis). In addition, it was noted that it is the responsibility of each institution to resubmit previously denied waiver requests for evaluation by the conference office or student-athlete reinstatement staff based on the new threshold. The student-athlete reinstatement staff, in consultation with the Collegiate Commissioners Association Compliance Administrators, provided an educational session at the 2007 NCAA regional rules seminars regarding hardship documentation standards and counting of contests or dates of competition.

z. Amateurism Certification Process/Processing of Amateurism Cases. The cabinet received a report from the Committee on Student-Athlete Reinstatement regarding its discussion related to