REVISED

MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

DIVISION III MANAGEMENT COUNCIL

NCAA National Office October 22-23, 2001

Indianapolis, Indiana

Participants:

Stephen P. Argo, Southern Collegiate Athletic Conference

Amy Ashbrock, Wilmington College, Student-Athlete Advisory Committee

Susan Bassett, William Smith College

Christopher Bledsoe, New York University

Suzanne Coffey, Bates College

William Eng, Bernard M. Baruch College

Dee Fairchild, Grinnell College

John C. Harper, Bridgewater State College

Karen L. Johnson, Alfred University

Marcia S. Kierscht, Stephens College

Leon Lunder, Carleton College

Robert Malekoff, College of Wooster

Oscar C. Page, Austin College

Leslie J. Poolman, Dickinson College

Joy L. Reighn, Rowan University, chair

Christopher Walker, University of Redlands

Connee Zotos, Drew University

Bridget Belgiovine, NCAA, recording secretary

Daniel T. Dutcher, NCAA

Kay Hawes, NCAA

Christopher T. Martin, NCAA

Aaron Robinson, NCAA

John Galgano, Manhattanville College, Student-Athlete Advisory Committee; and Myrtes Dunn Green, Stillman College; were unable to attend the meeting.

[Note: While certain items in the Management Council’s agenda were acted upon by the Management Council at various times throughout the meeting, all final actions with a given topic are combined in these minutes for convenience of reference. Also, these minutes reflect only actions (formal votes or “sense of meeting”), in accordance with the established policy governing minutes of all NCAA entities. The only discussion included is that ordered by the chair or a member of the group.]

Monday, October 22

The meeting was called to order at 8 a.m. by the chair, Ms. Reighn. All members were present as noted above.

1. Announcements. The chair welcomed the group and reviewed the meeting schedule.

2. Roster, future meeting schedule and Division III newsletter. The Management Council reviewed the roster, future meeting schedule and Division III newsletter.

3. Previous Minutes. The Management Council reviewed the minutes of its July 23-24, 2001, meeting, the August 10, 2001, Presidents Council meeting, the August 11, 2001, Executive Committee meeting and the August 29 and October 3, 2001, Administrative Committee meetings.

It was VOTED

“That the minutes of the Management Council’s July 22-23, 2001, meeting, and the August 29 and October 3, 2001, Administrative Committee meetings be approved.”

4. Division III Initiatives Task Force update. The Management Council:

a. Accepted the 2000-01 initiatives executive summary.

b. Accepted the 2001-02 initiatives update and recommended that the task force consider the following:

(1) All grant decisions should be final (no appeals process).

(2) Support overhead policy (25 percent limit).

(3) Monitor “repeat grant” recipients.

5. Committee/subcommittee reports.

a. Association-wide Committees.

(1) Committee on Competitive Safeguards and Medical Aspects of Sports. The Management Council:

(a) Endorsed and forwarded to the Division III Budget Committee the 2002-03 prioritized budget initiatives (Injury Surveillance system -- $200,000; Dietary Supplement Resource Exchange Center -- $75,000) for Association-wide funding inasmuch as they are consistent with Division III strategic plan and educational initiatives. The Council further requested that the REC monitor the number of Division III “hits” to the related Web site.

(b) Endorsed and reordered the priorities based on Division III’s commitment to education initiatives and forwarded them to the Budget Committee:

(i) REC ($10,000).

(ii) Nutrition and eating disorders education ($100,000).

(iii) Speakers grant ($50,000).

(iv) Tobacco education ($5,000).

(2) Honors Committee. The Management Council endorsed the revised criteria for the Theodore Roosevelt Award as amended by the statement “Barring extenuating circumstances the committee deems appropriate to consider.”

(3) Memorial Resolutions Committee. The Management Council agreed to adopt a draft noncontroversial legislative proposal to eliminate the Memorial Resolutions Committee by deleting NCAA Bylaw 21.1.4; reassign the committee’s duties set forth in Bylaw 21.1.4.2 to the Executive Committee; and provide a report during the opening business session of the annual Convention (Constitution 5.1.2.3.1).

(4) Committee on Women’s Athletics. The Management Council:

(a) Agreed to adopt noncontroversial legislation to amend Bylaw 18.2.4.1 to extend the sponsorship exception for women’s sports through the 2008-09 academic year.

(b) Expressed continued concern with health and safety issues related to rugby. Referred the recommendation to identify women’s rugby as an emerging sport back to the Committee on Women’s Athletics (CWA) consistent with the application of the following concept to all emerging sports: “The applicable sport community should provide a full review of data or related literature regarding health and safety issues affecting the sport.” The committee further requested that the Committee on Competitive Safeguards and Medical Aspects of Sports assist with identification of data and criteria to be addressed by the applicable sport community. [NOTE: A motion to reconsider the referral to the committee passed; however, following discussion, the Council again referred the issue to CWA as described above.]

(c) Agreed to adopt noncontroversial legislation to amend NCAA Constitution 3.2.4.4.2 to eliminate references to particular years (i.e., 1994-95, 1995-96 and 1996-97) and replace it with references to years (i.e., year one, year two, year three) for the emerging sports timetable. In addition, it endorsed the committee’s recommendation that Bylaw 13 (recruiting) be included in the list of legislation that must be adhered to in year one (i.e., currently listed as 1994-95).

(d) Approved the recommendation as amended to create ad hoc committees for developing legislation for emerging sports based on the following criteria:

(i) The sport is sponsored at the varsity level by at least 25 member institutions;

(ii) Recent growth of the sport (e.g., national trends over the past five years);

(iii) Future growth potential;

(iv) Existence of youth and prospect age programs;

(v) Ability to serve diverse populations of student-athletes;

(vi) Institutional gender equity implications (e.g., roster size potential);

(vii) Gender equity in NCAA championships opportunities; and

(viii) Active membership interest in the sport.

Each such ad hoc committee should consist of ~~four~~ five members, including one member from each division and one representative from the national governing body (or appropriate equivalent) for the sport and at least one coach and one athletics administrator be appointed among the four members. The fifth “at-large” individual will represent the division with the largest sponsorship in the sport.

(e) Approved the recommendation to create an ad hoc committee for women’s bowling. Further, the Council recommended that the Membership Committee consider other forms of bowling for sports sponsorship purposes on a case-by-case basis.

b. Management Council subcommittees.

(1) Administrative review subcommittee. The Management Council:

(a) Supported in principle sponsorship of proposed legislation for the 2003 Convention to amend the current season-of-competition waiver to include eligible student-athletes who compete within certain limitations. Specifically, the waiver would expand to include situations where an eligible student-athlete did not participate in more than two contests or 10 percent of the season, whichever is greater, and must have been involved innocently and inadvertently in the participation under the following conditions:

(i) A student-athlete is forced to withdraw from school as a result of a documented family illness;

(ii) A student-athlete is forced to withdraw based on documented financial struggle; or

(iii) Institution discontinues a student-athlete’s sport.

The subcommittee also recommended that the amended legislation include a requirement that a waiver be granted with the condition the student-athlete be withheld from one contest for each contest in which they competed (one-for-one). Additionally, the waiver language should include a provision to grant authority to the Committee on Student-Athlete Reinstatement to review waivers and to grant waivers under extraordinary circumstances when the specific criteria are not met. The subcommittee proposed an effective date of August 1, 2002. The existing criteria of the season-of-competition waiver must be met. Therefore, the competition must have occurred at an NCAA institution and within 60 days of the date the student-athlete reported for athletics participation. The Council requested a review of the draft legislation in January, with an effective date of August 1, 2003.

(b) Approved the recommended amended policies and procedures, noting that the subcommittee clarified the following issues: reconsideration, urgent requests, Administrative Review Subcommittee coordinator, archived case precedent, written documentation submissions and telephone conferences.

(2) Playing and practice seasons subcommittee. The Management Council Requested the subcommittee review Bylaw 17 and consider:

(a) Establishment of more uniform start dates.

(b) Consistent number of weeks in all sports.

(d) Review number of contests in relation to total playing weeks.

c. Division III committees.

(1) Amateurism Task Force. The Management Council recommended that the Presidents Council:

(a) Endorse the amateurism proposals in the following order at the 2002 NCAA Convention: prize money (Proposal No. 2-47), competition with professionals (Proposal No. 2-44), contractual agreement (Proposal No. 2-46), professional draft (Proposal 2-48), and seasons of competition (Proposal No. 2-50).

(b) Endorse the CEO communication on amateurism as well as financial aid, provisional membership and championships as a component of the Presidents Council CEO Involvement Subcommittee.

(2) Budget Committee. The Management Council recommended that the Presidents Council approve the 2001-01 Budget-to-Actual Year End report. The Council noted the importance of better budget planning and projections, based on the predictability of championships brackets and travel for the past four years.

(3) Championships Committee. The Management Council recommended that the Presidents Council forward to the Division III Budget Committee recommendations to:

(a) Direct $220,000 from new championship funds available in 2002-03 and 2003-04 and $90,000 be directed in the 2004-05 budget to repay the Division III reserve for the $531,915 championships deficit incurred during 2000-01. Additionally, that the championships and finance staffs work to redefine budgeting parameters so that championships transportation overages and/or shortfalls in a given budget cycle can be better forecasted and appropriately addressed in the budget. [NOTE: Championships deficit increased to $770,000 for 2000-01 year end.]

The Council also noted the following:

(i) Similar concerns related to the 2001-02 championships budget.

(ii) Previous shortfalls have been taken out of the reserve with no repayment.

(iii) Allocation of resources to repay the deficit can have significant impact on priorities and direction of Championships Committee and ultimately impact membership.

(iv) Consider NCAA championships “actual expense payments” with limits versus the current reimbursement for per diem ($60).

(b) Allocate $100,000 in both the 2002-03 and 2003-04 budget cycles to establish a championships contingency fund to accommodate potential championships budget shortfalls. Funding would come from the projected $492,611 unallocated revenue available during the 2002-03 and 2003-04 budget cycle. If such budget shortfalls do not occur, the funding can address future shortfalls or support other prioritized championships initiatives.

(c) Allocate $50,000 additional funding in each budget year to accommodate a minimum number of berths in pools B and C so that minimal access is guaranteed for independents and conference members who are notconference champions. The committee recommends a minimum of one berth each in pools B and C, with a goal of two pool C berths if doing so does not give disproportionate access to too few conferences.

The Council also recommended that the Presidents Council:

(d) Endorse the reprioritized initiatives:

(i) Enhance individual-team sport field sizes in the 2006-07/2007-08 budget cycle. The Council also identified golf and tennis as two individual-team sports for implementation of the automatic qualification process.

(ii) Enhance brackets in all team sports towards a 1:7.5 ratio, as soon as possible.

(iii) Enhance brackets in team sports consistent with a 1:7 ratio in the 2006-07/2007-08 budget cycle.

(iv) Provide to all student-athletes that participate in championships, and do not receive an NCAA award as a result of their place-finish, with a participation award in the 2004-05/2005-06 budget cycle.

(v) Provide per diem to all participants in the following individual-team sports: men’s and women’s swimming, men’s and women’s indoor track and men’s and women’s outdoor track in the 2006-07/2007-08 budget cycle.

(vi) Increase per diem for championship participants with an eventual goal of $70 in the 2006-07/2007-08 budget cycle or thereafter.

(e) Approve and highlight in CEO communication the recommendation to refer back to the Championships Committee or oppose Convention Proposal No. 2-40 – Resolution – Review of Championships.

(f) Oppose Convention Proposal No. 2-61 – Championships – Minimum Number of Institutions – Exception – Men’s Volleyball. The Council believes the minimum sponsorship number of 50 remains appropriate. A motion to reconsider passed; however, a motion to support failed.

(g) Oppose Convention Proposal No. 2-62 – Championships – Men’s Volleyball due to the effective date. However, the Council supports the
establishment of a Division III Men’s Volleyball Championship once the threshold of 50 institutions is reached and not sooner than 2006-07 for budget purposes.

(h) Approve and highlight in the CEO communication the recommendation to refer Convention Proposal No. 2-63 – Executive Regulations – Selection of Teams and Individuals for Championships -- back to the Championships Committee or oppose.

The Council also:

(i) Referred the issue of Automatic Qualification Principles and Individual-Team Sports back to the Championships Committee, identifying the sports of golf and tennis for implementation of the AQ process.

(j) Forwarded to the Budget Committee the recommendations to:

(i) Increase the number of women’s basketball officials at the finals site to 12.

(ii) Provide a director of course and rules administration including per diem and lodging expenses for a maximum of 10 officials for the championships.

(iii) Permit three women’s ice hockey officials, if necessary, to travel by air to the national championship.

(iv) Increase the reimbursement rate for boat transportation to the women’s rowing championship from 50 to 55 cents per mile for an institution’s own boats. Additionally, if an institution transports another institution’s boats, that the rate be increased from 11 to 13 cents per mile.

(v) Increase officials’ fees in women’s lacrosse to be consistent with the fees paid to officials in the men’s championship.

(vi) Increase meet coordinator fees in men’s and women’s swimming and diving -- from $400 to $500; increase the referee, head judge, starters and diving referee fees from $300 to $400; increase the entry coordinator for diving fee from $1,500 to $1,600; and, increase the championships meet computer operator/data entry fee from $1,750 to $1,950. The last increase occurred in 1997.

(k) Approved sponsorship of legislation to specify that the secretary rules-editor serving on a sport rules committee shall be limited to serving a maximum of two-four-year terms and shall not be subject to the “on the staff” requirement, but to request input from sports and rules-making committees as to why they may choose not to support such a recommendation. The committee also recommended that when the sports and rules-making committees provide input that they rank order the following options on how the change be implemented: a) The clock starts now, with SREs allowed to complete their existing terms and be elected to two more four-year terms, b) The clock starts now, with SREs eligible to serve eight years from the effective date of the legislation, c) SREs complete their current terms; if they have served six years or less (one full term plus less than half of another), they are eligible for reelection to another four-year term, and d) SREs must be replaced immediately upon the completion of eight years of service. (See Supplement No. 19, Proposal No. 16.)

(l) Approved the recommendation to grant the Men’s and Women’s Ice Hockey Rules Committee a one-time exemption to meet outside of Indianapolis in 2002.

(m) Approved the recommendation that Bylaws 31.1.4.3 and 31.1.4.4 be expanded to include sports committee authority to begin competition prior to noon on Sunday if the competition has to be rescheduled due to an emergency (i.e., weather or other emergency situation).

(n) Approved the recommendation that the squad and travel parties be established as follows for the newly established Division III championship: Women’s Ice Hockey: 21 and 26; Women’s Rowing: 21 and 25; Women’s Water Polo: 16 and 19.

(o) Supported the recommendation to deny the waiver request from Atlantic Women’s Colleges Conference of Bylaw 31.3.4.2 (c) [Seven active member requirement to receive automatic qualification], per the Championships Committee’s authority outlined in Bylaw 31.1.1.

(4) Financial Aid and Awards Committee. The Management Council recommended that the Presidents Council:

(a) Withdraw 2002 Convention Proposal No. 2-51 and refer the issue back to the Financial Aid and Awards Committee.

(b) Continue to pursue the development of a financial aid audit process and consider:

(i) Audit Scope and Size.

· Include, on a sport-by-sport basis, full-time, first-time freshmen and incoming transfer student-athletes compared to all nonstudent-athlete full-time, first-time freshman and transfer students (e.g., 1/3 of institutions’ sports teams each year).

(ii) Auditor and Frequency.

· Audit activities should occur annually.

· Require regular external audit periodically (e.g., once every three years).

· Require internal audit during all other years.

(iii) Possible Timetable.

2002-03 -- Develop and refine financial aid audit process and procedures.

-- Adopt proposed legislation.

2003-04 -- Design methodology with assistance from

consultants.

2004-05 -- All Division III institutions engage in external audits.

2005-06 -- All Division III institutions engage in internal audits.

2006-07 -- Random selection of 1/3 of Division III member institutions for annual external audit and establish three-year rotation for external audits.

(5) Interpretations and Legislation Committee. The Management Council recommended that the Presidents Council:

(a) Oppose 2002 NCAA Convention Proposal No. 2-45 -- Definition of Student-Athlete -- sponsored by the Northwest Conference.

The Management Council also:

(b) Agreed to adopt noncontroversial legislation for the 2002 Convention clarifying that an institution is charged with a date of competition or contest if the institution’s team competes against an outside team or another institution’s team.

(i) Involvement of Institution’s Coach and Two-Year College Prospect in NCAA-Sanctioned Summer Baseball Leagues (III). An institution’s baseball coach may serve as a coach of a team in an NCAA-sanctioned summer baseball league that has a two-year college prospect as a team member, inasmuch as the league is considered competition that is organized and administered by the applicable governing body or athletics authority (e.g., NCAA) in accordance with NCAA Bylaw 13.12.3.4. [References: Official Interpretation 6/10/99, Item No. 1, and Bylaws 13.12.3.4 and 30.14]

(ii) Dietary Supplements (III). It is not permissible for an institution to finance dietary supplements (e.g., weight-gain muscle/strength-building, weight-loss supplements) as medical expense benefits incidental to a student-athlete’s participation in intercollegiate athletics. [References: Official Interpretation 12/11/98, Item No. 1, and Bylaw 16.4]

(iii) Division III Sports that Conclude with a National Collegiate Championship (III). Division III institutions must apply all Division III playing- and practice-seasons legislation to Division III sports, regardless of the championship opportunities (e.g., National Collegiate Championships, national governing body) available in those sports. [Reference: Bylaw 17.1.4]

(d) Approved the following interpretation as amended to delete “the contest/date of competition is not publicized” related to 2002 Convention Proposal No. 2-52:

Scrimmage – Definition (III). A “scrimmage” is defined as a contest between teams from two institutions in which no admission is charged, no official score is kept and both teams agree not to count the contest/date of competition in their respective won-loss records. [Reference: 2002 Convention Proposal No. 2-52 and Bylaw 17] The Council also referred the interpretation to the Management Council Playing and Practice Seasons Subcommittee to recommend parameters for contests and dates of competition.

(6) Membership Committee. The Management Council recommended that the Presidents Council:

(a) Approve the recommendation that the chairs of the Presidents Council and Management Council send a “supplemental mailing” to the Division III membership highlighting the proposals regarding (a) financial aid, (b) amateurism deregulation and (c) provisional membership for consideration at the 2002 NCAA Convention. The Council noted the addition of an automatic qualification (AQ) update, as recommended by the Championships Committee.

The Management Council also:

(b) Approved the recommendation to grant membership status to the Knickerbocker Lacrosse Conference as a single-sport member conference.

(7) Nominating Committee. The Management Council approved the recommendations for January 2002 appointments to the following committees:

(a) Budget Committee –Lori Runksmeir, director of athletics, New England College.

(b) Championship Committee – Steve Wallo, director of athletics, Lewis and Clark College.

(d) Interpretations and Legislation Committee – Charlie Wilson, director of athletics, Olivet College.

(e) Management Council – Douglas Hastad, chancellor, University of Wisconsin, La Crosse; Joyce Wong, director of athletics, Eastern Connecticut State University; Chad Yowell, director of athletics, Wheaton College (Massachusetts); and Connee Zotos, director of athletics, Drew University (reappointment).

(f) Membership Committee – Anne Steele, president, Muskingum College.

(g) Nominating Committee – Lee McKinney, director of athletics, Fontbonne College, and Linda Moulton, director of athletics, Clark University (Massachusetts).

(h) Women’s Volleyball Rules Committee:

(i) Tim Cowie, women’s volleyball coach, New York University (expiration September 2004).

(ii) Kristin Russell, women’s volleyball coach/senior woman administrator, University of Wisconsin-Whitewater (expiration September 2005).

(8) Student-Athlete Advisory Committee. The Management Council agreed to adopt noncontroversial legislation to permit the three (one from each division) student-athletes serving on specified Association-wide committees to serve as full committee members. Further, the three student-athletes shall have one combined vote.

The meeting recessed at 4:20 p.m.

Tuesday, October 23

The meeting reconvened at 8:35 a.m.

6. 2002 NCAA Convention schedule and legislation.

a. Convention schedule. The Management Council recommended that the Presidents Council endorse the 2002 Convention schedule. (Attachment A).

b. Review of proposed legislation for the 2002 Convention. The Management Council recommended that the Presidents Council:

(1) Approve the order of Convention proposals as listed below:

Presidents Council grouping (16 – Roll call votes)

2-47 Amateurism – Prize Money Based on Place Finish

2-44 Amateurism – Competition with Professionals

2-46 Amateurism – Contractual Agreement

2-48 Amateurism – Professional Draft

2-50 Eligibility – Seasons of Competition

2-41 Membership – Provisional Membership

2-51 Financial Aid – Audit Procedures

2-63 Executive Regulations – Selection of Teams and Individuals for Championships

2-40 Resolution – Review of Championships

2-61 Championships – Minimum Number of Institutions – Exception – Men’s Volleyball

2-62 Championships – Men’s Volleyball

2-52 Playing and Practice Seasons – Scrimmage

2-54 Playing and Practice Seasons – Basketball – Preseason Practice Activity

2-57 Three-Day, Noncontact, Conditioning Practice Period – Football

2-58 Playing and Practice Seasons – Football – Nontraditional Segment

2-59 Playing and Practice Seasons – Nontraditional Segment – Lacrosse

General Grouping (7 – Individual paddle votes)

2-42 Senior Woman Administrator – Appointment

2-45 Definition of Student-Athlete

2-43 Athletics – Employment with Professional Sports Organizations

2-49 Eligibility – Nontraditional Courses

2-53 Playing and Practice Seasons – Definitions

2-55 Playing and Practice Seasons – Foreign Tours

2-56 Playing and Practice Seasons – Football – First Permissible Practice and Contest Date

2-60 Contest Exemptions – Men’s Volleyball – Molten Championship

(2) Review proposed legislation and identify position on selected proposals. (Attachment B)

(3) Approve the Management Council speaker assignments and identify Presidents Council speaker assignments. (Attachment C)

c. Review of noncontroversial legislation adopted by the Management Council per NCAA Constitution 5.3.1.1.1 for the 2002 Convention. The Management Council approved the draft noncontroversial legislative proposals to:

(1) Amend Bylaw 12.02.5 to revise the definition of an enrolled student-athlete as specified.

(2) Amend Bylaw 12.1.1.4.8, with an immediate effective date, to permit an individual to receive actual and necessary expenses to attend an academy funded by a professional sports organization without jeopardizing intercollegiate eligibility, provided: (1) the academy limits enrollment to participants who are age 15