REPORT OF THE
NCAA
DIVISION I MANAGEMENT COUNCIL
ADMINISTRATIVE
REVIEW SUBCOMMITTEE
ACTION ITEMS.
1.
Legislative
Action Items.
[Note: The Management
Council Administrative Committee addressed this action item.]
·
NCAA
Bylaw 16.8.1.2.1.1 (exception to departure/return restrictions).
(1) Recommendation. The NCAA Division I Management Council
Administrative Review Subcommittee recommends that the NCAA Division I
Management Council sponsor a legislative proposal to permit an
institution’s team, in any sport, to depart more than 48 hours before the
start of its conference tournament/championship. In accordance with this recommendation,
the subcommittee approved a blanket waiver for the remainder of the 2006-07
academic year and the 2007-08 academic year to allow for legislation to be
proposed and feedback to be received from the membership. [Attachment A]
(2) Effective
Date. Immediate.
(3) Rationale. The subcommittee
noted a legislative exception already exists for teams participating in NCAA
championship events, national governing body championships in emerging sports
or licensed postseason football games [NCAA Bylaw 16.8.1.2.1.1-(d)]. A conference tournament exception permits
institutions the same flexibility they currently receive for other postseason
events. The subcommittee noted that
the conference championship may be the only championship experience for some
student-athletes.
(a) From
January 1, 2005, through April 1, 2007, Division I institutions have submitted
22 waiver requests of Bylaw 16.8.1.2.1 in regards to conference
tournament/championship
(b) Of
the 22 waivers, 20 (91 percent) have been granted (10 granted with
conditions). In addition, seven of
the 20 approved requests involved no additional class time being missed beyond
the 48-hour period.
(c) In
regards to missed class time, under this proposal, member institutions would
continue to be able to exercise their individual discretion as to whether their
teams may depart prior to the
48-hour period.
(4) Estimated
Budget Impact. Varies.
(5)
Student-Athlete Impact. Minimal.
1.
Nonlegislative
Items.
·
Information Standards
for Waiver Requests of Bylaw 14.1.9 (graduate student/postbaccalaureate
participation).
(1) Recommendation. During its April 15 in-person meeting,
the subcommittee discussed requests involving Bylaw 14.1.9 (graduate
student/postbaccalaureate participation) in light of the override of NCAA
Proposal No. 2005-54. The
subcommittee recommends that the Management Council approve information
standards for waiver requests involving the graduate transfer legislation for
any student-athlete transferring to a Division I institution to participate as
a graduate student, but does not meet the provisions of Bylaw 14.5.5.2.10
(one-time transfer exception).
Specifically, the subcommittee requests the following information
standards be approved:
(a)
A letter from the
previous institution (e.g., athletics director, faculty athletics
representative, chancellor, president) stating it does not object to the
student-athlete being immediately eligible;
(b)
Documentation from the
appropriate academic authority that the student-athlete has been accepted into
a specific graduate program at the institution to which he or she wishes to
transfer;
(c)
Documentation
indicating whether the specific graduate degree is available at the previous
institution; and
(d)
A statement from the
student-athlete detailing the reasons for the transfer.
(2) Rationale. Based on the comments made during the
2007 NCAA Convention and previous similar waiver requests, the subcommittee.
believes these
information standards will provide consistency in the staff’s analysis
and direction to member institutions seeking this type of waiver.
The subcommittee
noted that waiver requests of Bylaw 14.1.9 will be reviewed on a case-by-case
basis. The subcommittee requested
the staff to monitor requests related to graduate student/postbaccalaureate
participation and provide an update during its October meeting
(3) Estimated Budget
Impact. None.
(4)
Student-Athlete Impact. None.
INFORMATIONAL ITEMS.
1.
Proposal
No. 2006-62 (eligibility – seasons of competition – tennis and
swimming and diving - exception – mandatory military service). During its April 15 in-person meeting,
the subcommittee reviewed the status of Proposal No. 2006-62 and noted that the
membership was not supportive. The
subcommittee noted that if the proposal is defeated in April, the waiver
process will be available for those individuals enrolling for the 2007-08
academic year or thereafter.
Requests involving the circumstances of mandatory military service will
be reviewed by the staff on a case-by-case basis. The subcommittee noted that over the
past two years, the staff has gained a significant amount of knowledge
regarding mandatory military service.
The subcommittee expressed concern regarding waiver requests involving
the following circumstances:
a.
When a prospective student-athlete
takes a leave of absence during his or her service term in order to participate
in athletics opportunities;
b.
When a prospective
student-athlete opts to participate in social service rather than military
service and chooses to fulfill his or her social service at a sport
academy/association;
c.
When a prospective
student-athlete delays fulfillment of his or her high school degree
requirements in order to pursue athletics opportunities; and
d.
When a prospective
student-athlete becomes aware of Bylaw 14.2.3.2 and chooses to continue
participation in athletics opportunities after having knowledge of the rule.
2. Review
of Staff and Subcommittee Decisions. During its April 12 teleconference, the subcommittee
reviewed the cases decided at the staff level that were not appealed to the
subcommittee from July 1, 2006, through January 31, 2007. A total of 274 cases were reviewed by
the staff, with 156 being granted and 38 of those cases being granted under a
flexible approach (i.e., without case precedent or guidance from the
subcommittee). The subcommittee
approved the staff’s decision in all 38 cases. The staff denied 118 cases based on case
precedent, intent of the legislation, a lack of documentation in support of the
assertions and/or a directive.
Eighty-seven of the staff denied cases were not appealed to the
subcommittee. The subcommittee reviewed the cases that were staff
denied and appealed to the subcommittee, as well as reconsideration requests
decided by either the staff or the subcommittee, from July 1, 2006, through
January 31, 2007. Thirty-one cases
were appealed to the subcommittee, all of which were affirmed by the
subcommittee. The subcommittee
noted there were three blanket waivers issued during this period.
3. Review
of Proposal Nos. 2006-63-A (eligibility - criteria for determining season of
eligibility - tennis and swimming and diving - participation in elite events)
and
2006-63-B (eligibility - criteria for determining season of eligibility -
tennis and swimming and diving - participation in elite events - Olympic
games). During its
April 12 teleconference, the subcommittee reviewed Proposal Nos. 2006-63-A and
2006-63-B to determine if a similar exception should be proposed for Bylaw
14.2.3.5 (participation after 21st birthday). The subcommittee was informed that the
Olympic Sports Liaison Committee and the NCAA Division I
Championships/Competition Cabinet plan to continue discussions related to these
legislative concepts during their upcoming meetings. The subcommittee agreed to continue to
monitor this issue to determine if legislation is necessary in the future.
4.
Review
of Requests Involving Bylaw 15.3.3.1 (one-year period). During its April 12 teleconference, the
subcommittee reviewed cases related to Bylaw 15.3.3.1 (one-year period) from
June 1, 2006, through March 1, 2007. A total of 17 cases were
reviewed by the staff, with nine being granted and eight of those cases being
granted under a flexible approach (i.e., without case precedent or guidance
from the subcommittee). The
subcommittee was informed that the staff has received several requests
involving academic ineligibility and Bylaw 15.3.3.1. Specifically, institutions submitted
requests to provide student-athletes with athletics aid for the spring term
only when a student-athlete does not receive athletics aid during the fall term
due to academic ineligibility under required conference or institutional
requirements (e.g., grade-point average) but becomes academically eligible for
the spring term. The staff granted
requests in which the institution can provide documentation in support of the
conference or institutional requirements.
The staff has denied requests when an institution used discretion not to
award
athletics aid to a student-athlete for the fall term due to various reasons
(e.g., academic ineligibility, disciplinary) but sought to award athletics aid
for the spring term only (and do not meet any legislative exceptions). The subcommittee supported the
staff’s current analysis and decisions on these waivers and requested an
update on these requests during future meetings.
5.
Appreciation for Service of Committee Members. The
subcommittee expressed its appreciation for the service of Helen Grant who will
no longer be with the Management Council.
6.
October Meeting. The subcommittee will meet via
teleconference October 15 from 2 to 4 p.m. Eastern time. During its October meeting, the
subcommittee will discuss the following issues:
a.
Review waiver requests involving
NCAA Bylaws 14.2.3.2 (tennis and swimming and diving) and 14.2.3.5
(participation after 21st birthday).
Reports summarizing cases received by the Amateurism Certification staff
as well as cases received on appeal via the Administrative Review Subcommittee
waiver process will be provided to the Management Council during its October
meeting. [Attachment B to be
distributed on site.]
b.
Review waiver requests involving
Bylaw 14.5.5.4 (eligibility for institutional athletically related financial
aid).
c.
Review waiver requests involving
foreign tours during Labor Day weekend.
d.
Review waiver requests involving
Bylaw 13.6.2.6.7 (additional official visits due to head coaching change).
e.
Review the waiver requests
received for Bylaw 14.1.9 (graduate student/postbaccalaureate
participation).
f.
Review of staff and subcommittee
decisions from February 1 through July 31, 2007.
Subcommittee Chair: Mike Moore,
The
Staff Liaison: Vanessa Fuchs, Membership Services