SUPPLEMENT NO. 6

DIII Presidents Council 11/01

RELATED TO
MANAGEMENT COUNCIL
SUPPLEMENT NO. 6

DIVISION III MANAGEMENT COUNCIL
ADMINISTRATIVE REVIEW SUBCOMMITTEE

Summary of Recommendations

ACTION ITEM -- MANAGEMENT COUNCIL ONLY

1.	ISSUE:	Season-of-Competition Waiver (NCAA Bylaw 14.2.6).
Subcommittee Recommendation:
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: ? A student-athlete is forced to withdraw from school as a result of a documented family illness; ? A student-athlete is forced to withdraw based on documented financial struggle; or ? Institution discontinues a student-athlete’s sport. The subcommittee also recommends 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 proposes an effective date of August 1, 2002 2003. Finally, 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.
Management Council Action:
	Support in principle sponsorship of proposed legislation for the 2003 Convention. The Council requested a review of the draft legislation in January, with an effective date of August 1, 2003.

2.	ISSUE:	Policies and Procedures.
Subcommittee Recommendation:
Approve the amended policies and procedures. The subcommittee has clarified the following issues: reconsideration, urgent requests, Administrative Review Subcommittee coordinator, archived case precedent, written documentation submissions and telephone conferences.
Management Council Action:
	Approved the recommendation.

ITEMS OF INFORMATION

1.	ISSUE:	Weekly Mailings.
Subcommittee’s Action:
	The subcommittee discussed issues surrounding urgent cases, in particular, cases where an institution submits a case late, even though the institution had knowledge of the issue well before the request was submitted. The subcommittee directed the staff to amend the application to state that institutions should allow three weeks from the time the case is received by the staff for a decision to be rendered
Management Council Action:
	Accepted the information.
2.	ISSUE:	Blanket Waivers.
Subcommittee’s Action:
	The subcommittee discussed whether it would begin granting waivers for multiple academic years when the involved student-athlete’s circumstances are unchanged. The subcommittee has determined to not allow for blanket waivers but may grant exceptions.
Management Council Action:
	Accepted the information.
3.	ISSUE:	Bylaw 14.2.2 – Ten-Semester/Fifteen-Quarter Rule.
Subcommittee’s Action:
	During the July 2001 meeting, the subcommittee approved the following guidelines to be used in determining if a request should be processed by the subcommittee or as an extension per Bylaw 30.6.1: ? The full-time enrollment occurred for a short period of time (e.g., drop/add period). ? The student-athlete never attended the full-time schedule for that semester or quarter. If the student-athlete’s situation falls within both the established guidelines, then the subcommittee is the appropriate body to review the institution’s request. The subcommittee directed the director of student-athlete reinstatement or administrative review coordinator be charged with determining if the subcommittee or an extension is the appropriate means for a waiver to be heard. In cases where the subcommittee is the appropriate body, the subcommittee approved the following information standards for reviewing cases involving the utilization of a semester or quarter. ? Documentation of the institution’s mistake or misadvisement from the appropriate institutional authority; ? Documentation that the institution considered the student-athlete to be enrolled part time; and ? A statement from the student-athlete. During its July 2001 meeting, the subcommittee reviewed requests of Bylaw 14.2.3 (Additional Applications of the Five-Year Rule) and determined that the subcommittee process is the more appropriate avenue to address these cases. Specifically, inasmuch as the circumstances involve student-athletes who have not theoretically triggered initial collegiate enrollment, it seems the application of the extension legislation is not appropriate. These circumstances involve student-athletes who have not graduated from high school but have triggered the five-year clock. The subcommittee notes that it will review the five exceptions to Bylaw 14.2.3; however, the majority of the cases processed concern Bylaw 14.2.3.3 (Joint College/High-School Program).
Management Council Action:
	Accepted the information.
4.	ISSUE:	Bylaw 16.8.1.2.1 – Competition While Representing Institution – Departure and Return.
Subcommittee’s Action:
	The subcommittee adopted a clarification and an additional information standard for institutions to meet when requesting relief from the departure and return for competition legislation. The new information standard is specific to whether the student-athletes will miss class. The subcommittee noted that meeting these standards does not indicate that the request will be granted. However, the information is necessary in order for a case to be reviewed.
Management Council Action:
	Accepted the information.

5.	ISSUE:	Summary of Cases – June 2 through September 5, 2001.
Subcommittee’s Action:
	From June 2 through September 5, the subcommittee processed three cases: two were granted with conditions and one was denied. Since August 1, 1997, a total of 150 Division III cases have been acted upon, 54 have been granted and 96 have been denied.
Management Council Action:
	Accepted the information.

The National Collegiate Athletic Association

October 24, 2001 BB/DTD:skt