MINUTES OF THE
NATIONAL COLLEGIATE
ATHLETIC ASSOCIATION
DIVISION II
MANAGEMENT COUNCIL
Westin
Indianapolis Downtown
Participants:
Robertha Abney,
Slippery
Sunday Adesuyi,
Dede Allen,
Thomas J. Brown,
David R. Brunk,
Northeast-10 Conference
Deborah Chin,
Michael Covone,
Paul Engelmann,
Carole L. Harris,
Larry Holstad,
Daniel Mara,
Curtis Outlaw Jr.,
Roberta Page,
David Riggins,
Glenn D. Stokes,
Roger Thomas,
Suzanne C. Willey,
Jill O. Willson,
Texas A&M University-Kingsville, vice-chair
Phil Hunt, NCAA
Jay Jones, NCAA
Rich McGlynn, NCAA
Stephanie Quigg,
NCAA
Mike L. Racy, NCAA
Ruth Reinhardt,
NCAA, recording secretary
Kent Barrett and David Pickle, NCAA, were also in attendance. Myles Brand, Kevin Lennon, Delise
O’Meally, Jennifer Strawley and Chris Strobel, NCAA, were in attendance
for a portion of the meeting. Also in attendance for a portion of
the meeting was NCAA Fellows Tonia Walker,
The meeting was called to order at
1. Announcements. The chair welcomed the representatives
and guests who were in attendance.
He noted that this meeting was the first for
2. Review of Previous
Minutes.
a. Minutes
of the
It was VOTED
“That
the Management Council approve the minutes of the October 17-18 Management
Council meeting, as distributed.”
b. Minutes
of the
c. Minutes
of the
d. Minutes
of the
It was VOTED
“That the Management Council approve the minutes of the December 14 Administrative Committee teleconference, as distributed.”
3. Division
II Strategic Plan. The
Management Council was given an update on the Division II strategic plan. No formal action was taken.
4. Committee
Recommendations Affecting Division II.
a. Association-wide
Committees.
(1) Honors Committee. The Management Council reviewed the committee’s report. No formal action was taken.
(2) Committee on Sportsmanship and Ethical Conduct. The Management Council reviewed the committee’s report. No formal action was taken.
(3) Minority
Opportunities and Interests Committee.
The Management Council reviewed the committee’s report. No formal action was taken.
(4) Committee
on Women’s Athletics. The
Management Council reviewed the committee’s report. No formal action was taken.
(5) Joint Minority Opportunities and Interests/Committee on Women’s Athletics. The Management Council reviewed the joint report of the two committees, noting that efforts are underway to determine those policies that will be useful within the Association to address the challenges that confront athletics personnel attempting to balance professional and personal commitments within the athletics profession. No formal action was taken.
b. Division
II Committees.
(1) Budget and Finance Committee 2004-05 Budget-to-Actual Report. The Management Council reviewed the budget-to-actual figures for 2004-05. No formal action was taken.
(2) Legislation Committee.
(a) Interpretations.
It was VOTED
“That the Management Council approve the following interpretations:
(i) Purchasing
Discounted Athletics Equipment, Supplies or Clothing (II). That a
student-athlete is prohibited from purchasing athletics equipment, supplies or
clothing from a manufacturer or commercial enterprise at a discounted or
reduced price that is not offered to the general student body. [Reference: NCAA
Bylaw 16.12.2.5 (athletics equipment).]
(ii) Reproducing
Media Guides on Compact Disk (II).
That it is permissible for an institution to reproduce media guides on
compact disk for purposes of recruiting under Bylaw 13.4.1 (printed recruiting
material); however, it noted that all of the material contained on the compact
disk must be able to be replicated in hard-copy format. Therefore, a
compact disk being used for purposes of recruiting may not contain any audio or
video materials. [References: Bylaws 13.4.1 (printed recruiting material) and
13.4.2.3 (electronic information).]
(iii) Use
of Part-Time Credits Earned Prior to Full-Time Enrollment for Purposes of Certification
(II). That a student-athlete
may not use part-time credit hours earned prior to initial, full-time
enrollment at the certifying institution to satisfy both the
initial-eligibility requirements (or transfer requirements) and the
progress-toward-degree requirements. A student-athlete may only use
part-time credits earned prior to initial, full-time enrollment at the
certifying institution for one certification. Therefore, if an
institution uses part-time credits earned prior to initial, full-time enrollment
at the certifying institution for purposes of satisfying the
initial-eligibility or transfer rules, then such credits cannot be used to meet
progress-toward-degree requirements the following academic year. This
restriction does not apply to credits earned while a prospective
student-athlete is enrolled as a full-time high school student (e.g., advanced
placement courses that count as both high school and collegiate credit).
[References: Bylaws 14.3.1.2.3 (college courses), 14.4.3.1 (fulfillment of
credit-hour requirements), 14.4.3.3.8 (“banked” credit hours),
14.4.3.3.9 (credit from other institutions), and 14.5.4.3.2 (credit earned at
four-year institution).]
(iv) Coach
Accompanying a Prospective Student-Athlete During Travel To and From an
Official Visit (II). That only
those coaches who are certified, through the annual certification requirement,
to recruit and scout prospective student-athletes off-campus would be permitted
to accompany a prospective student-athlete to and from his or her home to
campus on an official visit, regardless of whether a visit occurs during or
outside a permissible contact period; noted further, it would be permissible
for coaches to transport the prospective student-athlete in an institutional
vehicle or the coach's automobile; however, Bylaw 13.6.2.8 (transportation of
prospect’s relatives, friends, or legal guardian(s)) would preclude the
parents of the prospective student-athlete from accompanying the prospective
student-athlete under these circumstances. [References: Bylaws
11.5.1.1 (annual certification requirement) and 13.6.2.8 (transportation of
prospect’s relatives, friends, or legal guardian(s)).]
(v) Coach's
Presence at Prospective Student-Athlete's Signing of the National Letter of
Intent (II). That it is not
permissible for an institution's coach to be physically present at the site of
the signing of the National Letter of Intent or at any other prearranged site
when a prospect accepts an offer made by the institution. [Reference:
Bylaw 13.11.7.3 (staff member presence).]
(vi) Tuition
Waivers Given Based on Student's Receipt of Institutional Financial Aid (II). That when a waiver of tuition and fees
for student-athletes is made available contingent on the individual's receipt
of a minimum level (e.g., $100) of scholarship assistance from the member
institution, the value of such a waiver must be included when calculating the
equivalency value of the student-athlete's grant-in-aid. Specifically,
the amount of the waiver credited to each nonresident student's account may not
be exempted for purposes of calculating that student’s equivalency
amount. [References: Bylaws 15.02.4.1 (institutional financial aid),
15.02.4.3 (exempted institutional financial aid), and an official
interpretation (reference:
(vii) Institution
Providing Financial Aid to a Student-Athlete Enrolled in Less Than a Minimum
Full-Time Program of Studies During Final Term (II). That it is permissible for an
institution to award financial aid to a student-athlete who is enrolled in less
than a minimum full-time program of studies, provided the student-athlete is
enrolled in the final semester or quarter of his or her baccalaureate program,
and the institution certifies the student is carrying for credit the courses
necessary to complete degree requirements. The institution may not award
financial aid subsequent to this semester or quarter unless the student-athlete
completes all degree requirements during that semester or quarter, and is
eligible to receive the baccalaureate diploma on the institution’s next
degree-granting date and continues their participation, per Bylaw 14.1.9
(graduate student/postbaccalaureate participation). [References: Bylaws
14.1.8.1.7.3 (practice or competition - final semester/quarter), 14.1.9
(graduate student/postbaccalaureate participation), and 15.01.5 (institutional
financial aid permitted), and an official interpretation (reference:
(viii) Tracking Who Was Evaluated When Coach Observes Multiple Prospects at an Event (II). That an institution's coach attending an event in which prospects from multiple educational institutions participate in drills (e.g., combine) need only track the evaluation of each prospect participating in the event the coach actually observes, or of each prospect that the coach assesses academic qualifications (e.g., obtains a prospect's academic transcript). For example, if a football coach only observes prospects participating in defensive back drills at a football combine, only evaluations for those prospects observed in the defensive back drills must be tracked for purposes of maintaining compliance records on campus. [Reference: Bylaw 13.1.8 (limitations on number of evaluations - all sports).]”
(b) Incorporation of Interpretations into the Division II Manual.
It was VOTED
“That
the Management Council recommend that the Presidents Council incorporate the
following interpretations into the Division II Manual:
(i) Multiple
Grade-Point Averages Required for Graduation (II). If an institution requires multiple
minimum grade-point averages for graduation (e.g., cumulative, major, institutional),
a student-athlete must fulfill the required minimum grade-point average for
progress-toward-degree requirements using only the cumulative grade-point average.
[References: Bylaws 14.4.3.2 (fulfillment of minimum grade-point average
requirements) and 14.4.3.2.1 (calculation of grade-point average for
student-athletes), and a staff interpretation (reference:
(ii) Reproducing
Media Guides on Compact Disk (II).
It is permissible for an institution to reproduce media guides on compact
disk for purposes of recruiting under Bylaw 13.4.1 (printed recruiting
material); however, it noted that all of the material contained on the compact
disk must be able to be replicated in hard-copy format. Therefore, a
compact disk being used for purposes of recruiting may not contain any audio or
video materials. [References: Bylaws 13.4.1 (printed recruiting material) and
13.4.2.3 (electronic information).]
(iii) Use
of Part-Time Credits Earned Prior to Full-Time Enrollment for Purposes of
Certification (II). A
student-athlete may not use part-time credit hours earned prior to initial,
full-time enrollment at the certifying institution to satisfy both the initial-eligibility
requirements (or transfer requirements) and the progress-toward-degree requirements.
A student-athlete may only use part-time credits earned prior to initial,
full-time enrollment at the certifying institution for one certification.
Therefore, if an institution uses part-time credits earned prior to initial,
full-time enrollment at the certifying institution for purposes of satisfying
the initial-eligibility or transfer rules, then such credits cannot be used to
meet progress-toward-degree requirements the following academic year.
This restriction does not apply to credits earned while a prospective
student-athlete is enrolled as a full-time high school student (e.g., advanced
placement courses that count as both high school and collegiate credit).
[References: Bylaws 14.3.1.2.3 (college courses), 14.4.3.1 (fulfillment of
credit-hour requirements), 14.4.3.3.8 (“banked” credit hours),
14.4.3.3.9 (credit from other institutions), and 14.5.4.3.2 (credit earned at
four-year institution).]
(iv) Coach's Presence at Prospective Student-Athlete's Signing of the National Letter of Intent (II). The Interpretations Subcommittee determined it is not permissible for an institution's coach to be physically present at the site of the signing of the National Letter of Intent or at any other prearranged site when a prospect accepts an offer made by the institution. [Reference: Bylaw 13.11.7.3 (staff member presence).]”
(c) Noncontroversial Legislation––Bylaw 13.4.4.1 (Recruiting––Recruiting Materials––Nonathletics Institutional Advertisements.
It was VOTED
“That the Management Council recommend that the Presidents Council adopt noncontroversial legislation that would permit an institution (or a third party acting on behalf of the institution) to publish nonathletics institutional advertisements or produce promotional material at high school or two-year collegiate athletics events.
(d) Modification
of Wording Based on Intent––Playing and Practice
Seasons––Football Five-Day Acclimatization
Period––Walk-Throughs.
It was VOTED
“That the Management Council recommend that the Presidents Council sponsor a modification of wording based on intent to modify 2006 NCAA Convention Proposal No. 37 to clarify that, in football, the permissible one hour walk-through per day during the five-day acclimatization period may not be conducted during the three-hour recovery period; further to specify that a three-hour recovery period must be provided between each session (i.e., testing, practice or walk-through).”
(e) Administrative Regulations––Bylaw 31.2.1.4 (Joint Declaration Program—Divisions I and II).
It was VOTED
“That the Management Council recommend that the Presidents Council adopt an amendment to Bylaw 31.2.1.4 to add the National Christian Collegiate Athletic Association to the joint declaration program.”
(3) Student-Athlete Advisory Committee. The Student-Athlete Advisory Committee report was postponed until the post-Convention Management Council meeting.
(4) Student-Athlete Reinstatement Committee.
(a) Bylaw 14.2.4.2 (Participation in Organized Competition Prior to Initial Collegiate Enrollment).
It was VOTED
“That the Management Council recommend that
the Presidents Council sponsor a modification of wording to Bylaw
14.2.4.2.3 (activities constituting use of a season) to include the following:
· Competition on a team that defines itself to be professional.
· Definition of organized competition as it relates to activities constituting a use of season includes the provision of any of the following to any of its players:
(i) Meals.
(ii) Transportation.
(iii) Lodging.
(iv) Medical insurance.
(v) Stipend intended to cover actual and necessary expenses.
(vi) Medical treatment (excluding on-site treatment of an injury).
*If a player pays a fee to participate on a team, the bylaw would apply only if what the team provides (in the above list) exceeds the fee the prospect paid.”
(b) Proposed Bylaw 30.6.1.3 (Exception – Student-Athlete Who Does Not Use Season of Competition During Initial Year of Collegiate Enrollment).
It was VOTED
“That the Management Council recommend that the Presidents Council sponsor a modification of wording to Proposal No. 40, Bylaw 30.6.1.3 (exception––student-athlete who does not use season of competition during initial year of collegiate enrollment), as follows so that the original intent of the committee (as original source of the proposal) is most accurately reflected:
"30.6.1.3 Exception––Student-Athlete Who Does Not Use Season of Competition During Initial Year of Collegiate Enrollment. For a student-athlete who does not use a season of competition during his or her initial year of collegiate enrollment, a waiver may be granted if all of the following conditions are met:
(i) The student-athlete was a qualifier;
(ii) The student-athlete was academically and athletically eligible and was on the institution’s squad list during his or her initial year of collegiate enrollment;
(iii) The student-athlete was denied one participation opportunity per Bylaw 30.6.1 following his or her initial year of collegiate enrollment; and
(iv) The institution has filed the waiver prior to the beginning of student-athlete’s 11th semester or 16th quarter of full-time enrollment.”
5. NCAA
Convention and legislation.
a. Proposed
Legislation for the 2006 NCAA Convention. The Management Council reviewed the
proposed legislation for the 2006 NCAA Convention. No formal action was taken.
b. Procedural Issues Memorandum and Question and Answer Document Related to 2006 NCAA Convention Proposals. The Management Council reviewed the procedural issues memorandum and the question and answer document.
It was VOTED
“That the Management Council approve the content of both documents and request that they be distributed to the Division II membership prior to the Division II Business Session.”
c. Proposed Legislation for the 2007 NCAA Convention.
It was VOTED
“That the Management Council recommend that the Presidents Council approve the legislative form of the 2007 NCAA Convention proposals, as submitted.”
d. Noncontroversial
Legislation per Constitution 5.3.1.1.1
It was VOTED
“That the Management Council recommend that the Presidents
Council approve the legislative form of the noncontroversial legislation, as
submitted.”
e. Administrative
Regulations.
It was VOTED
“That the Management Council recommend that the Presidents Council approve the legislative form of the administrative regulations, as submitted.”
f. 2006
NCAA Convention Schedule. The
Management Council reviewed the schedule for the meetings conducted at the
Convention. No formal action was
taken.
g. Management
Council Assignments for Division II Legislative Proposals. The Management Council reviewed the
speakers’ chart for legislative proposals at the business session. No formal action was taken.
6. Division
II Management Council Issues and Updates.
a. Administrative Review Subcommittee.
(1)
It was VOTED
“That the Management Council refer to the Division II Academic Requirements Committee for further consideration the subcommittee’s recommendation to sponsor a legislative proposal for the 2007 NCAA Convention, similar to NCAA Division I Bylaw 14.5.4.1 (qualifier), which would permit a transfer student-athlete from a two-year college, who has not previously attended a four-year collegiate institution and who was a qualifier at high school graduation, to be eligible for competition at an NCAA Division II institution during the student’s first academic year in residence only if the student has spent at least one full-time semester or one full-time quarter in residence at the two-year college (excluding summer sessions). Also, they have presented a minimum grade-point average of 2.000 and satisfactorily completed an average of at least 12 semester or quarter hours of transferable-degree credit acceptable toward any baccalaureate degree program at the certifying institution for each full-time academic term of attendance at the two-year college.”
(2) “
It was VOTED
“That the Management Council refer to the Division II Academic Requirements
Committee for further consideration the subcommittee’s recommendation to
sponsor a legislative proposal for the 2007 NCAA Convention, which would permit
a transfer student to be immediately eligible
within the transfer legislation under the following conditions: (1) the student is a 4-2-4 transfer to a
Division II institution; (2) the student graduated from the two-year college;
(3) the first four-year institution certifies in writing that it has no
objection to the student being granted an exception to the transfer residence
requirement; and (4) the student was in good academic standing and meeting
progress-toward-degree requirements at the first four-year institution, which
would have made the student eligible to use the one-time transfer exception (Bylaw
14.5.5.3.10) had he or she transferred from the first four-year institution
directly to the certifying Division II institution without enrolling at the
two-year college.
b. Management Council Vice-Chair Election.
It was VOTED
“That the Management Council recommend that the Presidents
Council ratify the election of Michael Covone, director of athletics,
c. 2006
Committee and Project Team Assignments. The Management Council reviewed its 2006
assignments to committees and project teams, as well as mentor assignments to
those who are new on the Council.
Management Council representatives were asked to note those vacancies
that had occurred as a result of the vice-chair election and to let the staff
know of interest in serving on those additional committees and project
teams. No formal action was taken.
7. National
office staff updates.
a. Management
Council authority as delegated by the Presidents Council. The Management Council reviewed a memorandum
that would be presented to the Presidents Council at its meeting the following
day concerning delegation of authority to the Management Council. No formal action was taken.
b. 2005-06-07 Preliminary Division II Budget. The Management Council reviewed the preliminary budget for 2005-06 and 2006-07. No formal action was taken.
c. Convention Proposal No. 32 (Financial Aid––Equivalency Sports––Equivalency Computations). The Management Council was updated by members of the staff regarding the application of Bylaw 15.5.2.2-(b) and the misapplication of the bylaw by a large percentage of Division II institutions.
It was VOTED
“That the Management Council approve a policy that institutions
are not required to report violations that are due to the misapplication of
Bylaw 15.5.2.2-(b) to the NCAA enforcement staff nor are they required to
submit individual student-athlete reinstatement requests to the NCAA
student-athlete reinstatement staff.”
[Note that the Management Council felt that requiring institutions to recalculate equivalency computations for past years to determine whether a violation had occurred seemed bureaucratic, given the fact that the enforcement staff would not have imposed any penalties or other punitive actions.]
[Note, also, that Proposal No. 32––Equivalency Computations––Past Violations and Process was adopted at the 2006 NCAA Convention and has an immediate effective date; therefore, this proposal was effective at the close of the business session and institutions are permitted to use either the actual or average amount in the numerator and either the actual or average amount in the denominator. Further, the policy adopted by the Management Council, which would not require institutions to submit past violations of Bylaw 15.5.2.2, will be effective for the 2005-06 academic year and any year prior to 2005-06.]
8. Recognition
of Outgoing Management Council Representatives. The Management Council recognized
outgoing Management Council representatives––Robertha Abney,
Slippery Rock University; Sunday Adesuyi, Saint Paul’s College; Dede
Allen, University of Alaska Anchorage, for their service on the Council. Additionally, Paul Engelmann,
9. Other
Business.
a. Division II Softball Committee Appointment.
It was VOTED
“That the Management Council ratify the appointment of Gregory
Skip Gurtler, head softball coach,
b. California State University, Monterey Bay, Waiver.
It was VOTED
“That the Management Council approve a request from California State University, Monterey Bay, to waive the one-year residence requirement for a student-athlete who transferred to an institution due to health reasons.”
c. Governance and Membership Services Staff Update. The Management Council was updated by the director of governance and membership services on the status of the appeals process concerning the Native American mascot, the banned drug list, the working group on membership and the internal review of enforcement procedures. No formal action was taken.
10. Future Meetings. The Management Council was asked to take
note of future meetings in 2006. No
formal action was taken.
11. Adjournment. The meeting adjourned at
The National Collegiate Athletic Association