NONCONTROVERSIAL LEGISLATIVE PROPOSALS – DIVISION III

Pursuant to NCAA Constitution 4.7.3-(d) and 5.3.1.1.1, the NCAA Division III Management Council has determined that the following proposals are noncontroversial and necessary to promote the normal and orderly administration of the Association's legislation.  The Division III Management Council, by a three-fourths majority of its members present and voting, shall have the authority to adopt noncontroversial amendments, subject to ratification by the Division III Presidents Council.  Proposals that are ratified by the Presidents Council shall be effective as of the date identified in the proposal, published in The NCAA News and submitted as legislation at the 2002 NCAA Convention.  Those items the Management Council has not yet reviewed in legislative form are marked with a star.

[Note:  All legislative citations and governing bodies are reflected as they now appear in the 2001-02 NCAA Division III Manual.]

NO. 1

MEMBERSHIP ISSUES – MEMBERSHIP COMMITTEE DUTIES

Intent:  To clarify that the Management Council, on the recommendation of the Membership Committee, may act in accordance with the specified membership legislation.

A.     Constitution:  Amend 3.2.3.4, page 9, as follows:

[Division III]

"3.2.3.4 Election.  A favorable vote by two-thirds of tThe Management Council, on the recommendation from the Membership Committee, members present and voting shall elect the applicant to membership effective the following September 1, the beginning of practice in any sport for that fall term or the first day of classes for that fall term, whichever occurs first. When the vote of the Management Council has been completed, the applicant shall be notified."

B.     Constitution:  Amend 3.2.4.10.2.1, page 11, as follows:

[Division III]

"3.2.4.10.2.1 Waiver.  The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may waive the requirements of Constitution 3.2.4.10.2 due to circumstances beyond an institution’s control."

C.     Constitution:  Amend 3.2.4.10.5, page 11, as follows:

[Division III]

"3.2.4.10.5  Male-Female Enrollment Ratio Waiver.  The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may grant waivers to the four-sport sponsorship requirement for men or women if the institution provides data to demonstrate that the male-female enrollment ratio prohibits the offering of the required number of sports for one or the other.  The institution shall submit its request for a waiver to the Association’s president, and it shall be received in the national office no later than October 1.  Any request received after that date shall be postmarked no later than September 23.  The request shall include pertinent information supporting the institution’s request and shall be signed by the institution’s chief executive officer."

D.     Constitution:  Amend 3.2.4.10.6, page 11, as follows:

[Division III]

"3.2.4.10.6  Three-Season Sport Waiver.  The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may waive the requirement that an active member shall conduct at least one sport in every sport season if the institution is precluded by its academic calendar and climatic conditions from conducting a sport in a particular season."

E.     Constitution:  Amend 3.2.5.1, page 11, as follows:

[Division III]

"3.2.5.1  Termination or Suspension.  The membership of any active member failing to maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership may be suspended, terminated or otherwise disciplined by a vote of two-thirds of the delegates present and voting at an annual Convention the Management Council, on the recommendation of the Membership Committee.  Membership shall not be suspended or terminated unless:"

[3.2.5.1-(a) through 3.2.5.1-(c) unchanged.]

F.     Constitution:  Amend 3.2.5.2.1, pages 11-12, as follows:

[Division III]

"3.2.5.2.1  Waiver.  The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may grant waivers of Constitution 3.2.5.2 if it deems that unusual circumstances warrant such action."

G.     Constitution:  Amend 3.2.5.5, page 12, as follows:

[Division III]

"3.2.5.5  Reinstatement of Terminated Member.  Any active member whose membership has been terminated (see Constitution 3.2.5.1) may have it reinstated by a two-thirds vote of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

H.     Constitution:  Amend 3.2.5.6, page 12, as follows:

[Division III]

"3.2.5.6  Reinstatement of Suspended Member.  Any active member whose membership has been suspended may be reinstated to good standing in accordance with the terms, if any, of the suspension action, or at any time after six months from the date of such suspension, by vote of a majority of the Presidents Council or by vote of the majority of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

I.     Constitution:  Amend 3.2.6.1, page 12, as follows:

[Division III]

"3.2.6.1  Restoration of Good Standing.  Disciplined members shall resume good standing in accordance with the terms of the disciplinary action taken, or may be restored to good standing at any time by a majority vote of the members of the Committee on Infractions present and voting.  If fewer than eight members are present, any committee action requires a favorable vote of at least four committee members. Disciplined members also may be restored to good standing at the annual Convention, by vote of a majority of the members present and voting the Management Council, on the recommendation of the Membership Committee."

J.     Constitution:  Amend 3.3.3.3, page 13, as follows:

[Division III]

"3.3.3.3  Election.  Athletics conferences may be elected as member conferences by a majority vote of the delegates present and voting at an annual Convention or by a majority vote of the Management Council, on the recommendation of the Membership Committee."

K.     Constitution:  Amend 3.3.5.1, page 13, as follows:

[Division III]

"3.3.5.1  Termination or Suspension.  The membership of any member conference failing to maintain the academic or athletics standards required for membership or failing to meet the conditions and obligations of membership may be suspended or terminated or the member conference otherwise disciplined by a vote of two-thirds of the delegates present and voting at an annual Convention the Management Council, on the recommendation of the Membership Committee.  Membership shall not be suspended or terminated unless:"

L.     Constitution:  Amend 3.3.5.4, page 14, as follows:

[Division III]

"3.3.5.4  Reinstatement of Terminated Member.  Any member conference whose membership has been terminated (see Constitution 3.3.5.1) may have it reinstated by a two-thirds vote of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

M.     Constitution:  Amend 3.3.5.5, page 14, as follows:

[Division III]

"3.3.5.5  Reinstatement of Suspended Member.  Any member conference whose membership has been suspended may be reinstated to good standing in accordance with the terms, if any, of the suspension action, or at any time after six months from the date of such suspension, by vote of a majority of the Presidents Council or by vote of the majority of the members present and voting at any annual Convention the Management Council, on the recommendation of the Membership Committee."

N.     Constitution:  Amend 3.3.6.1, page 14, as follows:

[Division III]

"3.3.6.1  Restoration of Good Standing.  Disciplined members shall resume good standing in accordance with the terms of disciplinary action taken, or may be restored to good standing at any time by a vote of at least three members of the Committee on Infractions present and voting in accordance with Bylaw 19.6.2.8, or, at the annual Convention, by vote of a majority of the members present and voting the Management Council, on the recommendation of the Membership Committee."

O.     Constitution:  Amend 3.6.1.2.1.1, page 16, as follows:

[Division III]

"3.6.1.2.1.1  Credit for Time Completed Previously as Provisional Member.  The Management Council, by a two-thirds majority of its members present and voting on the recommendation of the Membership Committee, may grant credit to an institution for any portion of the first two years of the four-year provisional period the institution previously completed as a provisional member, provided the portion was completed within the last 10 years."

P.     Constitution:  Amend 3.6.3.4, page 17, as follows:

[Division III]

"3.6.3.4  Election.  A favorable vote by two-thirds of tThe Management Council members present and voting, on the recommendation of the Membership Committee, shall elect the applicant to provisional membership effective the following September 1.  When the vote of the Management Council has been completed,  tThe applicant shall be notified on completion of the election process."

Q.     Constitution:  Amend 3.6.5.1, page 18, as follows:

[Division III]

"3.6.5.1  Termination.  The membership of any provisional member failing to maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership may be terminated by a two-thirds vote of the Management Council members present and voting, on the recommendation of the Membership Committee.  A notice of intention to terminate membership, stating the grounds on which such a motion will be based, shall be given in writing to the chief executive officer of the member institution.  If an institution’s membership status is terminated, the institution shall be reclassified immediately as a corresponding member."

R.     Constitution:  Amend 3.6.5.4, page 18, as follows:

[Division III]

"3.6.5.4  Reinstatement of Terminated Member.  Any provisional member whose membership is terminated may reapply for membership after a period of one year by a two-thirds vote of the Management Council members present and voting, on the recommendation of the Membership Committee.  The Management Council, by a two-thirds majority of its members present and voting on recommendation of the Membership Committee, may grant credit to such an institution for any portion of the first two years of the four-year provisional period the institution previously completed as a provisional member, provided the portion was completed within the last 10 years."

Source:  NCAA Division III Management Council (Membership Committee).

Effective Date:  Immediately.

NO. 2

NCAA MEMBERSHIP REQUIREMENTS – INSTITUTION TRANSITIONING FROM SINGLE-GENDER TO COEDUCATIONAL STATUS

Intent:  To permit the Management Council to grant waivers of sports-sponsorship requirements not to exceed three years for those institutions transitioning from single-gender to coeducational status.

Constitution:  Amend 3.2.4.10 by adding new 3.2.4.10.6, page 11, as follows:

[Division III]

"3.2.4.10.6 Single-Gender Institution Transitioning to Coeducational Institution.  The Management Council, on recommendation by the Membership Committee, may grant waivers of the sports-sponsorship requirements for an institution that is transitioning from single-gender to coeducational status.  Waivers may be granted for a period not to exceed three years.  The waiver must be requested prior to an institution's transition and must include a detailed action plan outlining the steps that will be taken to ensure compliance with sport-sponsorship requirements at the end of the three-year period."

[3.2.4.10.6 renumbered as 3.2.4.10.7, unchanged.]

Source:  NCAA Division III Management Council (Membership Committee).

Effective Date:  Immediately.

NO. 3

COUNTING MULTISEASON SPORTS – WINTER SPORT

Intent:  To specify that a multiseason sport in which the majority of contests are conducted between December and March is considered a winter sport for purposes of meeting the five sport/three-season requirement.

Constitution:  Amend 3.2.4.10.1, pages 10-11, as follows:

[Division III]

"3.2.4.10.1  Counting Multiseason Sports.  If an institution sponsors the same sport in two different seasons, it may count the sport only in the season in which its team participates in the most contests. To be counted as a fall sport, the majority of an institution’s contests or dates of competition would have to occur from September through December; to be counted as a winter sport, December through March; to be counted as a spring sport, February through May."

Source:  NCAA Division III Management Council (Membership Committee).

Effective Date:  Immediately.