Board of Directors Review of Bylaw 32 Changes

During 2006 and 2007, an NCAA Special Internal Review Committee has facilitated the consideration of a series of recommended changes to NCAA enforcement procedures that were contained in the Investigative Report of James C. Duff, Baker, Donaldson, Bearman, Caldwell and Berkowitz P.C. of Washington D.C. The Management Council has adopted several of the Duff recommendations through changes to Bylaw 32 as recommended by the Committee on Infractions.

The following additional changes remain under review by the internal committee and the Board of Directors plans to hear a report from the internal committee concerning these matters on November 1. It is expected that the Management Council will be asked to adopt changes in January and will be provided the Board’s guidance following the November 1 session.

Remaining legislative concepts under review by the NCAA Internal Review Committee:

• Enforcement Policies And Procedures – Appeal Procedure – Appeal Procedure Intent: To provide the enforcement staff the opportunity to provide information regarding perceived new information, errors, misstatements and omissions during the appeal process; to refine the standard for alterations of penalties on appeal; and to clarify the procedures relating to “new evidence” introduced on appeal.

• Enforcement Policies And Procedures – Notice Of Allegations – Prehearing Procedural Issues Intent: To specify that the chair of the Committee on Infractions has the authority to resolve procedural issues that arise prior to the infractions hearing.

• Enforcement Policies And Procedures – Committee On Infractions – Special Operating Rules – Confidentiality Intent: To clarify that the duty to treat NCAA infractions cases as confidential until the case has been concluded extends to institutions, involved individuals and any person subject to NCAA rules.

· Enforcement Policies And Procedures – Notice Of Allegations – Deadline For Responses. Intent: To clarify that the enforcement staff may establish a deadline for the submission of responses to any reasonable time within 90 days of the date of the notice, provided the institution and all involved individuals consent to the expedited deadline.

• Enforcement Policies And Procedures – Committee On Infractions – Special Operating Rules – Public Announcements Intent: To specify that if an involved institution or any person involved in a case (e.g., involved individual, representative of the institution’s athletics interests, interviewee) makes information concerning a case public, the involved institution, NCAA staff and the involved person may confirm, correct or deny the information made public.

• Enforcement Policies And Procedures – Web-Based Custodial File System Intent:  To establish a Web-based custodial file system and to clarify the procedures for additions to custodial files.

• Enforcement Policies And Procedures –Committee On Infractions Hearings – Notification Of Committee Action Intent: To incorporate duties imposed on the Committee on Infractions into Bylaw 32.9 in lieu of 32.10.

• Enforcement Policies and Procedures – Appeal Hearings – Procedures Intent:  To permit the enforcement staff the opportunity to provide information regarding perceived new information, errors, misstatements and omissions during the appeal process, and to permit nonappealing parties the opportunity to be present as a silent observer during an appeals hearing.