MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

DIVISION III MANAGEMENT COUNCIL

Marriott Hotel January 11, 2002

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 Galgano, Manhattanville College, Student-Athlete Advisory Committee

Myrtes Dunn Green, Stillman 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

Tanyon Lynch, NCAA

Christopher T. Martin, NCAA

Cedric Dempsey, NCAA president; Danita Edwards, NCAA vice-president for public affairs; Abe Frank, NCAA director of government relations; and Lisa Kinard, NCAA deputy director of government relations, attended portions of 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.]

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 introduced and welcome the new NCAA government relations staff.

2. Rosters, 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 October 22-23, 2001, meeting, the November 1, 2001, Presidents Council meeting, the November 2, 2001, Executive Committee meeting and the November 28 and December 11, 2001, Administrative Committee meetings.

It was VOTED

“That the minutes of the Management Council’s October 22-23, 2001, meeting (as amended), and the November 28 and December 11, 2001, Administrative Committee meetings be approved.”

4. Division III strategic planning.

a. Initiatives Task Force. The Management Council:

(1) Approved the 2001-02 initiatives grant review process:

(a) Limit collaborative efforts to a maximum of $20,000 with the exception of those proposals of exceptional merit, based upon the availability of funds.

(b) All decisions of the selection committee will be final (no appeals process).

(c) Consultant fees shall not exceed 25 percent of the total grant request and will be limited to travel fees and services.

(d) Grant requests normally may not exceed $5,000 for each of the three target areas (diversity, membership education/communication and student-athlete welfare).

(e) The selection committee reserves the right to amend the funding amount.

(f) Institutions are limited to one grant request in each area (diversity, membership education/communication and student-athlete welfare).

(2) Approved the proposed reallocation of resources:

(a) 2000-01 – Reallocate $150,000 of the unallocated total of $183,387 to support the creation of a pool of available resources.

(b) 2001-02 – Remain committed to established budget allocations and initiatives.

i. Remain committed to all pre-existing allocations and initiatives.

ii. Eliminate additional allocation of $300,000 to initiative grant programs (membership education/communication -- $100,000; diversity -- $100,000; and student-athlete welfare -- $100,000) and $120,000 to the Women and Minority Internship Program. Reallocate the $420,000 to support the creation of a pool of available resources.

(d) 2003-04 – Remain committed to all pre-existing programs, as amended from 2002-03, with the following exception. Reduce the Conference Technology Grant program from $10,000 to $5,000 per conference, for a total of $200,000. Reallocate the additional $150,000 to the pool of available resources (prior annual total was $350,000).

b. Financial Aid Audit Task Force. The Management Council:

(1) Endorsed the proposed charge and timeline of the Division III Financial Aid Audit Task Force.

Charge. Continue to pursue the development of a financial aid audit process and related legislation for consideration at the 2003 Convention. Consider all previous information, including the 2001 pilot results and input from the Financial Aid and Awards Committee, the Presidents Council, the Management Council and financial aid administrators. The focus of the proposed audit process will include:

(a) Audit scope/size/frequency.

(b) Acceptable variance between aid for student-athletes and nonstudent-athletes.

(d) Random committee review.

(e) Cost.

(f) Enforcement process.

Timeline.

December 20, 2001 Conference call to discuss charge; timetable and 2002 Convention discussion session.

January 14, 2002 Convention financial aid discussion session.

February 2002 In-person meeting. (Indianapolis)

April 2002 Conference call to prepare DRAFT report for NCAA Division III Management and Presidents Council meetings and Financial Aid and Awards Committee.

May 2002 In-person meeting. (Indianapolis or airport hub)

June 17-18, 2002 Probable National Association of Collegiate Directors of Athletics (NACDA) discussion session. (Possible appearance by task force members who are athletics administrators and already intend to attend NACDA)

July 21-24, 2002 Probable discussion with Financial Aid Administrators Association (NASFAA)

July 22-23, 2002 Recommendation to Management and Presidents Council for sponsorship of legislation.

August-December 2002 Work as necessary based on actions of Management and Presidents Councils.

(2) Endorsed the selection of Kevin LaGree, president, Simpson College, as task force chair.

(3) Approved the following task force recommendations:

(a) The creation of an NCAA Web site link to post its work.

(b) That a memorandum be sent to all financial aid officers following the 2002 Convention to update the status of the Division III financial aid audit legislation and the task force charge and timeline.

5. Committee/subcommittee reports.

a. Association-wide committees.

· Committee on Competitive Safeguards and Medical Aspects of Sports. The Management Council:

(1) Agreed to adopt noncontroversial legislation to amend NCAA Bylaw 21.1.2.2 (Committee on Competitive Safeguards and Medical Aspects of Sports – Duties) to read: “The committee, subject to the direction of the Executive Committee, shall:

“(a) Promote and sponsor research to address relevant health and safety issues;

“(b) Promote education to enhance the health and safety of student-athletes;

“(c) Operate a national injury surveillance program to monitor injury trends and enhance safety in intercollegiate athletics;

“(d) Deter the use of NCAA banned substances in order to promote fair competition and safety;

“(e) Facilitate outreach activities to enhance student-athlete health and safety; and

“(f) Provide a health and safety perspective on relevant legislation and policy.”

(2) Approved the recommendation to eliminate the drug-testing announcement at the mandatory prechampionship administrator/coaches meeting as a deterrent to ergogenic drug use, effective August 2002. The Council noted its desire for a consistent approach in all divisions.

(3) Endorsed the concept to add emphasis to the drug-testing consent form language reflecting the requirement, under Bylaw 30.5 (b), to disseminate a copy of the list of banned drug classes to each student-athlete. However, the Council recommended the language in the student-athlete statement reflect the exact language of Bylaw 30.5-(g): “The director of athletics or the director of athletics’ designee shall disseminate the list of banned drug classes to all student-athletes and educate them about products that might contain banned drugs. All student-athletes are to be notified that the list may change during the academic year, that updates may be found on the NCAA Web site (i.e., www.ncaa.org) and informed of the appropriate athletics department procedures for disseminating updates to the list.”

(4) Approved the recommendation to add a phrase to the student-athlete statement, Part IV: Results of Drug Tests, as follows, effective August 2002: “You affirm that you have not tested positive for banned substances by the NCAA and/or by a non-NCAA national or international athletics organization.”

(5) Approved the recommendation to clarify in the drug-testing protocol the point at which a student-athlete is declared ineligible and not permitted to participate in competition, pending a positive drug-test appeal, effective August 2002, noting the importance of campus communication and notice.

(6) Approved the drug-testing protocol changes for inclusion in the 2002 protocol book, effective August 2002.

b. Management Council subcommittees.

(1) Administrative Review Subcommittee. The Management Council approved the subcommittee’s actions from September 6 through December 1, 2001.

(2) Playing and Practice Seasons Subcommittee. The Management Council recommended that the Presidents Council endorse the subcommittee’s statement of principle and corresponding legislative models.

(a) Statement of Principle. The pursuit of athletics and academic excellence includes the opportunity for student-athletes to prepare for competition; engage in outside competition; pursue a championships (regional and/or national) opportunity; engage in academic endeavors and the social and cultural activities of their respective institution. This approach is consistent with several elements of the Division III philosophy statement.

The subcommittee also noted the inconsistent approaches and the lack of any basic principles found within Bylaw 17.

(b) Models:

OPTION 1
	FALL	WINTER	SPRING
Competition	9 weeks	14 weeks	9 weeks
Preseason Practice Opportunities	20	20	20
Contests/Dates	General rule of 1 to 2 per week	General rule of 1 to 2 per week (Maximum of 25)	General rule of 1 to 2 per week
Nonchampionships Segment	5 weeks with max. 4 contests		5 weeks with max. 4 contests
Each option would maintain the nontraditional segment exception available to the sports of golf and tennis in the current playing and practice seasons definitions.

OPTION 2
Practice and Competition	All sports limited to 18 total weeks.
Preseason Practice Opportunities	20 practice opportunities per sport prior to the first contest/date of competition in the championships segment.
Contests/Dates	Contest limitations would be based average of one to two contests per week.
Nonchampionships Segment	Not more than five of the 18 total weeks (with maximum of 4 contests).
Each option would maintain the nontraditional segment exception available to the sports of golf and tennis in the current playing and practice seasons definitions.

The Council also:

(c) Requested development of a third option that eliminates competition in the nontraditional segment. (Vote: Eliminate only competition in nontraditional = 11; Eliminate nontraditional segment entirely = 7).

(d) Expressed preference for Option 1 (Vote: Option 1 = 7; Option 2 = 6; Abstain = 1) noting Option 1:

i. Recognizes three distinct sport seasons.

ii. Establishes specific parameters for sport seasons.

iii. May create scheduling hardships for geographically challenged conferences.

c. Division III committees.

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

(a) Approve the recommendation that if the seasons-of-competition rule (Proposal 40) is defeated, then Proposal Nos. 41-44 should be withdrawn. The Council also recommended that if Proposal No. 40 is adopted and Proposal Nos. 41-44 are defeated, Proposal No. 40 be reconsidered and withdrawn or defeated.

The Council also:

(b) Approved the clarification to Proposal No. NC-7 Amateurism – Operation Gold Grants – to state that funds received by a student-athlete pursuant to the Operation Gold program shall not be included when determining the permissible amount of a full grant-in-aid or the cost of attendance for a student-athlete.

(2) Budget Committee. The Management Council recommended that the Presidents Council:

(a) Approve the allocation of $150,000 from the excess 2000-01 Initiatives Task Force budget to be used to fund the Division III contribution to the September 11 fund and the remainder be allocated for the championships contingency.

(b) Approve a Division III mandated reserve of 20 percent of the revenue allocation for the 2001-02 fiscal year rather than the mandated reserve of 35 percent approved previously.

(d) Approve the proposed Division III 2003-04 budget with $14,459,078 in revenue and $14,855,019 in expenses.

(e) Approve that the Division III reserve balance should not fall below 15 percent during the 2002-04 and 2004-06 budget cycles. In addition, any unallocated resources during that budget cycle will be used to further increase the reserve.

(f) Approve the recommendation to explore the possibility of determining a specific dollar amount for the minimum Division III reserve level (e.g., $2 million plus annual inflation factor) as opposed to a percentage of the annual revenue allocation.

(g) Endorse the Association-wide budget priorities, noting commitment to Division III priorities of student-athlete welfare, diversity and membership education/communication.

(h) Endorse the following championships procedural improvements (as amended): 1) earlier bid and host selection process with hosts selected two years in advance; 2) limit the number of predetermined sites in any given year located in areas with a minimal number of institutions, in accordance with budget priorities and available resources; 3) increase budgets during the planning process, when possible (based on prediction of which teams are most likely to be eligible for championships); 4) finance, championships and governance staff commit to greater communication including meetings after each championships season (February, May, August) to monitor budget-to-actual expenses on a sport-by-sport basis; 5) better plan “one-time” budget implications for specific host sites (e.g., located in areas with a minimum number of institutions); and 6) establish deadline by which championship hosts must submit final budget numbers/expenses for reimbursement; and request that applicable committees further develop the procedures including membership implications and budget impacts.

(i) Approve the following championships travel recommendations, effective during 2001-02 only: 1) require that institutions fly into a major hub airport within 150 miles of a championship site; and 2) change minimum flight distance from 400 to 500 miles. The Council recommended greater clarification regarding long-term financial issues associated with the airport hub travel and related reimbursements. The Council noted similar long-term concerns with increasing the minimum flight limit from 400 to 500 miles, due to possible impact on student-athlete missed class time and effective competitive preparation.

(j) Require a thorough re-evaluation of all policies and procedures for subsequent years, including a cost-benefit analysis related to predetermined championships sites.

The Council also:

(k) Mandated that the Championships Committee undertake an immediate review of the AQ process including access ratios, and the establishment of a team AQ component to appropriate individual-team sport championships. The review should include the existing process for sport committee selection of teams and individuals, consistent with overall championships field sizes and access ratios.

(3) Interpretations and Legislation Committee. The Management Council approved the following interpretations:

(a) Women’s Rowing and Application of NCAA Bylaw 17.1.9.2. The committee determined that the sport of women's rowing is subject to the provisions of Bylaw 17.1.9.2, inasmuch as the Division III championship is held in the spring. Therefore, by definition, the spring becomes the "traditional segment" and the fall becomes the "nontraditional segment." In accordance with Bylaw 17.1.9.2, the sport of women's rowing must conclude all practice and competition in the nontraditional segment by October 30. [References: 2001 Convention Proposal No. 62 and Bylaws 17.1.9.2 (dividing traditional and nontraditional segments), 17.16.2 (women’s rowing – preseason practice), 17.16.3 (women’s rowing – first date of competition) and 17.16.4 (women’s rowing – end of regular playing season)]

(b) Division III Institution Reclassifying a Sport Currently in Division I to Division III. A Division III institution, holding multidivisional classification with a sport in Division I, must complete a two-year reclassification process consistent with Bylaws 20.4 and 20.6 prior to being eligible for participation in the Division III championship in that sport. [References: Bylaws 20.4 (multidivisional classification) and 20.6 (change of division membership)]

(c) Final Semester/Quarter Exception – Graduate Student. It is permissible for a student-athlete pursuing a graduate degree to participate in competition while enrolled in less than a full-time program of studies per Bylaw 14.1.7.2.1.3, provided the student-athlete is enrolled in his or her final semester and the institution certifies that the student-athlete is enrolled in the number of credits necessary to achieve the desired graduate degree. The Council forwarded to the Management Council’s Academic Issues Subcommittee the issue of student extension of athletics eligibility (Bylaw 14.2.2 – 10 Semester) through enrollment in a minimum number of semester hours (part-time vs. full-time program of studies).

The Council also:

(d) Recommended that the committee review the concept of proxy and/or electronic voting for future NCAA Conventions and other forms of NCAA business, as appropriate.

(e) Recommended membership communication in the following forums to clarify the legislative requirements of Bylaw 16.4 (Medical Expenses) related to “gap” health insurance coverage:

i. Division III newsletter.

ii. NCAA News Legislative Assistance column.

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

(a) Approve waivers of the Convention attendance requirement for the CEOs from Dominican University and Huntingdon College, noting the importance of CEO attendance at the Convention.

(b) Approve a waiver of the sports sponsorship requirement per Constitution 3.2.4.10.5 (Male-Female Enrollment Ration Waiver) for men’s sports at Emmanuel College.

(c) Deny the recommendation (Vote: 11-2-4) to prohibit Ursinus College from counting the 2001-02 academic year as the first year of the two-year reclassification period. Granted Ursinus College permission to use 2001-02 as its first year of the mandatory two-year reclassification period (2001-02 and 2002-03).

The Council also:

(d) Agreed to adopt noncontroverisal legislation to permit the committee to take more of an "educational" approach rather than the perceived "punitive" approach when reviewing instances of limited noncompliance by Division III provisional members.

(e) Approved sponsorship of intent-based legislation to require a Division III institution revoking multidivisional classification (moving one or more sports from Division I to Division III) to complete a two-year reclassification process prior to being eligible for competition in Division III championships in the affected sport(s). The Council also recommended that the Membership Committee review the competitive impact of scholarships awarded to participants during the reclassification years.

(f) Approved the principle that per 2002 Proposal No. 45, a school that does not sponsor the minimum number of sports during the 2003-04 academic year cannot be selected to start the provisional membership process during the 2004-05 academic year and must complete one full year of competition in the minimum number of sports sponsored prior to its first provisional year. The Council noted that in the random selection process, a school cannot be assigned a specific year unless it intends to complete one full year of competition in the minimum number of sports during the prior year.

(5) Student-Athlete Advisory Committee. The Management Council agreed to adopt noncontroversial legislation to:

(a) Amend Bylaw 21.8.6.9.2 (Term of Office) for the Student-Athlete Advisory Committee (SAAC) only, to appoint members to fill vacancies from the vacated members’ partner conference for a full term, regardless of the time remaining on the vacated term. The Council noted the action would not extend terms beyond current term limits.

(b) Amend Bylaw 21.8.6.9.1 (Composition) to indicate that not more than one student-athlete from a playing conference may serve on the committee at any one time (as opposed to the current limit of two).

6. NCAA national office report – membership growth. Upon the recommendation of the Executive Committee, the Management Council recommended that the Presidents Council review draft noncontroversial legislation to remove the current membership moratorium effective May 1, 2002.

7. 2002 NCAA Convention. The Management Council recommended that the Presidents Council:

a. Review the Convention schedule.

b. Take the following positions on proposed legislation:

(1) Proposal No. 45-1 (Provisional Membership – Exception) – Oppose.

(2) Proposal No. 47 (Executive Regulation – Selection) – Continue to oppose, if not referred back to the Championships Committee.

(3) Proposal No. 48 (Resolution – Review of Championships) – Continue to oppose, if not referred to the Championships Committee.

(4) Proposal No. 53 (Preseason Football – Shoulder Pads) – Withdrawn.

(5) Proposal No. 59 (Eligibility – Nontraditional Courses) – Approve clarification that effective date (August 1, 2002) would not be retroactive.

(6) Proposal No. 62 (Playing and Practice Seasons – Football) – May be withdrawn.

c. Review assignments and parliamentary procedures related to proposed legislation.

The Council also:

d. Reviewed parliamentary procedures related to:

(1) Proposal No. NC-4 (Voting Rights – Football Issues) – Continue to support retention in package (noting that Proposal Nos. 53, 54-1, 54 and 62 will require football-only votes if NC-4 is defeated).

(2) Proposal No. NC-6 (Enrolled Student-Athlete – Definition) – Continue to support retention in package.

e. Amended the joint Management Council/Presidents Council luncheon agenda.

f. Recommended that future joint luncheon not overlap with Association-wide discussion sessions.

8. Proposed legislation for the 2003 NCAA Convention. The Management Council:

a. Recommended that the Presidents Council sponsor legislation to amend Bylaw 14.2.6 to establish a season-of-competition waiver that may be granted due to extenuating circumstances for student-athletes who competed while eligible in a limited amount of competition.

b. Approved inclusion of the noncontroversial legislative proposals included in the January Management Council Supplement No. 22-b in the 2002-03 Division III Manual. These proposals initiate the establishment of the running legislative supplements for the 2002 calendar year and will appear in the “blue pages” of the 2003 NCAA Convention Official Notice.

The Council also approved the following draft noncontroversial legislative proposals to:

c. Amend Constitution 3.2.4.4.2 to revise the emerging sports timetable from specific to general year references and to specify that an institution must comply with recruiting legislation during the first year.

d. Amend Constitution 4.1.2 to eliminate the Association-wide NCAA Memorial Resolutions Committee and to reassign the committee's duties to the Executive Committee.

e. Amend Bylaw 17.02.2 to clarify that an institution is charged with a contest or date of competition if the institution's team competes against an outside team in addition to competing against another institution's team.

f. Amend Bylaw 18.2.4.1 to extend to 2008-09, the exception to establish a national collegiate championship or division championship in a women's sport if at least 40 institutions sponsor the sport.

g. Amend Bylaw 21.1.1 to permit student-athletes to serve as full members on specified Association-wide committees.

h. Amend Bylaw 31.2.3.1 to add Phenylpropanolamine (PPA) to the list of banned substances under the category of "Stimulants."

9. Litigation update. The Management Council received a litigation update from Elsa Cole, NCAA general counsel.

Amy Ashbrock, Wilmington College, Student-Athlete Advisory Committee

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

It was VOTED

OPTION 1

OPTION 2