SUPPLEMENT NO. 7

DIII Presidents Council 1/01

RELATED TO
MANAGEMENT COUNCIL
SUPPLEMENT NO. 7

DIVISION III MANAGEMENT COUNCIL
ADMINISTRATIVE REVIEW SUBCOMMITTEE

Summary of Recommendations

ACTION ITEM

1.

ISSUE:

Policies and Procedures.

Committee’s Recommendation:

 

Approve the amended policies and procedures. The only substantive change reflects the subcommittee’s ongoing efforts to improve consistency within case precedent by adopting information standards for certain types of cases.

Management Council Action:

 

Approved.

ITEM OF INFORMATION

1.

ISSUE:

Cases processed.

Subcommittee’s Recommendation:

 

From September 16 through November 15, the Division III Administrative Review Subcommittee processed 16 cases: eight (50 percent) were granted, and eight (50 percent) were denied. Since August 1, 1997, a total of 136 Division III requests have been acted upon; 49 have been granted and 87 have been denied.

Management Council Action:

 

Approved the actions from September 16 through November 15, 2000.

2.

ISSUE:

Subcommittee Philosophy.

Subcommittee’s Recommendation:

 

The subcommittee reviewed its philosophy to review membership requests to waive the normal application of the legislation when extreme or extraordinary circumstances are present. In reviewing requests, the subcommittee considers the following guidelines to determine if relief is appropriate:

1. The purpose and intent of the legislation will not be compromised.

2. The involvement and the overall welfare of the student-athlete will be enhanced.

3. There will be no competitive or recruiting advantage gained.

Management Council Action:

 

Accepted the information.

3.

ISSUE:

Application Revision -- Institution Submission of Cases.

Subcommittee’s Recommendation:

 

Directed the staff to amend the application to state that cases that are not received within two weeks of competition/or specific event related to the request, may not be considered in time.

Management Council Action:

 

Accepted the information.

4.

ISSUE:

Information Standards -- Transfer for Academic Reasons.

Committee’s Recommendation:

 

The subcommittee adopted information standards for institutions to meet when requesting relief from the transfer legislation if a student-athlete transfers for academic reasons. The subcommittee noted that meeting these standards does not indicate the request will be granted. However the information is necessary in order for a case to be reviewed.

(1) The institution to which the student-athlete is transferring will be required to provide a letter (noting that it offers the desired program, and the student-athlete has completed the necessary prerequisite courses necessary for admission into the program).

(2) The institution should provide a statement noting that the student-athlete has the necessary credit hours to meet satisfactory-progress requirements at the institution.

(3) A copy of the student-athlete’s transcript.

(4) If the student-athlete is transferring because of academic discontinuation, the dean or appropriate academic authority at the original institution must provide a letter documenting that the program has been discontinued.

Management Council Action:

 

Accepted the information.

5.

ISSUE:

Learning Disability Issues.

Committee’s Recommendation:

 

In order to ensure consistency, the subcommittee determined that the following information will be required if a learning disability is cited as one of the reasons why relief is warranted:

(1) A copy of the student-athlete’s professional diagnosis.

(2) A statement from the student-athlete must be provided regarding his or her disability and the requested relief.

(3) In a transfer situation, the institution must demonstrate that the student-athlete needed accommodations that are not available at the previous institution, but are available at the applicant institution.

Management Council Action:

 

Accepted the information.

6.

ISSUE:

Transfer for Academic Reasons -- Case Precedent for Denial.

Committee’s Recommendation:

 

Directed staff to deny cases involving academic transfers under the following conditions:

(1) A student-athlete transfers because the degree program does not meet his or her academic expectations.

(2) The student-athlete has transferred for academic reasons on more that one occasion.

(3) The student-athlete transferred to change majors.

(4) The institution or the student-athlete is unable to provide documentation supporting the academic reasons for transfer.

Management Council Action:

 

Accepted the information.

 7.

ISSUE:

Transfer for Athletics Reasons -- Case Precedent for Denial.

Committee’s Recommendation:

 

Directed staff to deny cases under the following conditions:

(1) The student-athlete has been cut from the team, experienced conflict with the coaching staff or was receiving limited playing time.

(2) The student-athlete transferred seeking the opportunity to participate in athletics.

(3) The student-athlete transferred as a result of his or her athletics grant-in-aid not being renewed, or an institution not fulfilling a promise of an athletics grant-in-aid.

(4) The student-athlete transferred as result of a coaching change at his or her previous institution.

(5) The student-athlete transferred because his or her previous institution was placed on probation.

Management Council Action:

 

Accepted the information.

8.

ISSUE:

Transfer for Graduate Reasons -- Case Precedent for Denial.

Committee’s Recommendation:

 

Directed staff to deny all waivers of graduate transfer legislation (Bylaw 14.1.7) based on consistent case precedent.

The subcommittee noted that any time a waiver is denied at the staff level, the institution still has the opportunity to appeal to the subcommittee.

Management Council Action:

 

Accepted the information.

The National Collegiate Athletic Association

January 5, 2001 BB/DTD:skt