SUPPLEMENT NO. 18

DIII Presidents Council 8/01

 

RELATED TO
MANAGEMENT COUNCIL
SUPPLEMENT NO. 18

 

 

DIVISION III STUDENT-ATHLETE REINSTATEMENT COMMITTEE

 

Summary of Recommendations

 

 

ACTION ITEMS -- MANAGEMENT COUNCIL ONLY

 

1.

ISSUE:

Policies and Procedures -- Recusal.

Committee’s 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.

Management Council Action:

 

Approved the recommendation.

 

2.

ISSUE:

Polices and Procedures – Archiving Case Precedent.

Committee’s Recommendation:

 

Approve the proposed changes. 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.

Management Council Action:

 

Referred issue back to the committee, noting:

 

?        Concern with “selective removal” of cases based on committee philosophy.

?        Preference for “trigger date” when archiving case precedent.

 

3.

ISSUE:

Expenses Provided by Institution for Practice.

Committee’s Recommendation:

 

Sponsor legislation to make violations of NCAA Bylaw 16.8.1.1 (Expenses Provided by Institution for Practice) de minimis.


 

Management Council Action:

 

Agreed to adopt noncontroversial legislation.

 

 

INFORMATION ITEM

 

1.

ISSUE:

Extension Issues Involving Individuals who are Incarcerated.

Committee’s Action:

 

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.

Management Council Action:

 

Accepted the information.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The National Collegiate Athletic Association

July 26, 2001 BB/DTD:skt