REPORT OF THE DIVISION III
COMMITTEE ON STUDENT-ATHLETE REINSTATEMENT
1.
ACTION ITEMS.
a.
Policies and Procedures -- Recusal.
(1) Recommendation. Approve the proposed changes to the
student-athlete reinstatement policies and procedures regarding recusal of
committee members from representing their institution in a reinstatement appeal
involving their institution. Currently,
the policies provide that a committee member cannot deliberate in an appeal
involving the member’s institution or an institution from the member’s
conference. The committee amended the
policy to also specifically prohibit an individual from representing his or her
institution in the appeal process as well as deliberating as a committee
member. The committee added an
exception, which would allow the committee member to represent his or her institution
in the appeal process when there are time constraints. The chair or the most
senior committee member may grant the exception (Attachment).
(2) Rationale. The modification of the recusal policy is
needed to avoid the appearance or perception of a conflict of interest. The committee believes that the time
constraint exception is needed for rare circumstances so as not to disadvantage
a student-athlete from receiving adequate representation in the appeal process.
(3) Budget Impact. None.
b. Polices
and Procedures – Archiving Case Precedent.
(1) Recommendation.
Approve the proposed changes (Attachment). The policies and procedures were
amended to permit the committee to archive cases based on a change in committee
philosophy (with appropriate notice given to the membership) or based on the
decision date of a case (i.e., cases decided prior to a given date or
designated as archived). The archived cases will serve only as a historical
resource to the membership and staff.
(2) Rationale.
The number of student-athlete reinstatement cases is steadily increasing, and
it is important to clarify which cases have precedential value as opposed to
those cases that are outdated due to a change in committee policy. The committee also notes that with the new
reinstatement database, available to the membership in August 2001, this
feature will provide valuable direction when researching an issue.
(3) Budget Impact. None.
c. Expenses
Provided by Institution for Practice.
(1) Recommendation. Sponsor legislation to make violations of
NCAA Bylaw 16.8.1.1 (Expenses Provided by Institution for Practice) de minimis
(Attachment).
(2) Rationale.
Currently, a violation of Bylaw 16.8.1.2 is de minimis and does not
affect a student-athlete’s eligibility.
Therefore, the student-athlete is not required to pay the travel
expenses incurred. The committee reviewed cases processed by the
student-athlete reinstatement staff under Bylaw 16.8.1.1 and determined that
they should be treated similar to cases involving Bylaw 16.8.1.2, and repayment
should not be required since no actual benefit is being received. Violations of Bylaw 16.8.1.1 result in a
student-athlete receiving transportation to practice activities at the direction
of the institution. The committee noted that currently student-athletes are
being reinstated immediately without repayment being required. The proposed amendment would treat practice
and competition expenses consistently by providing that a violation of Bylaw
16.8.1.1 also does not affect the student-athlete’s eligibility.
(3) Budget Impact. None.
2. INFORMATIONAL ITEM.
Extension Issues Involving Individuals
who are Incarcerated.
The
committee discussed the issue of student-athletes who are incarcerated and chose
to enroll full time while in prison.
Currently, Bylaw 30.6.1.2 considers incarceration that results in
conviction to be within the control of the student-athlete and, thus, a
participation opportunity is used. The
committee determined that inasmuch as a student-athlete has an opportunity to
enroll part time, this situation is no different than that of a student-athlete
who chooses to enroll and not participate or enroll in an institution that does
not sponsor his/her sport. Further, the
committee noted that the incarceration is within the control of the
student-athlete and, thus, should be considered a participation opportunity.
Staff
Liaisons: Julie Roe, Douglas Archie