MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

DIVISION III INTERPRETATIONS AND LEGISLATION COMMITTEE

Teleconference September 3, 2003

Participants:

Victoria Chun, New York State Women's Collegiate Athletic Association

Travis Feezell, Whitman College

Timothy Gleason, Ohio Athletic Conference

Gary Karner, Wisconsin Intercollegiate Athletic Conference

Garnett Purnell, Wittenburg University, chair

Sandra L. Slabik, Neumann College

Charlie Wilson, Olivet College

Bo Kerin, NCAA, recording secretary

Leah Nilsson, NCAA

Julie Katz, Vassar College was unable to participate.

[Note: These minutes contain only actions taken (formal votes or stated "sense of the meeting") in accordance with NCAA policy regarding minutes of all Association entities. While certain items on the committee's agenda were acted on at various times throughout the teleconference meeting, all final actions within a given topic are combined in these minutes for convenience of reference.]

The telephone conference was called to order at 11 a.m. Central time. All members were present as noted above.

1. Announcements. None.

2. Review of Minutes of the August 6 teleconference.

It was VOTED

"That the August 6 teleconference minutes be approved as amended."

3. NCAA Bylaw 14.2.5 – Hardship Waiver. The NCAA Division III Interpretations and Legislation Committee reviewed NCAA Bylaws 14.2.5 and 14.2.5.2.2 and the requirement of contemporaneous medical documentation. The committee considered whether such documentation must exist for treatment at the time of the injury or illness and whether such documentation must come from a physician or whether statements from nonmedical counselors are acceptable. The committee agreed that the validity of the medical documentation is dependent on it being provided by a qualified source. While the committee agreed that documentation from nonmedical counselor is helpful, ultimately, any diagnosis should be reviewed with a qualified medical professional.

It was VOTED

"To recommend to the NCAA Division III Management Council that Bylaw 14.2.5.2.2 be modified to require contemporaneous medical documentation to be approved by a physician (e.g., medical doctor)."

4. More Responsive Less Bureaucratic NCAA Initiative. Mr. Purnell provided the committee an update regarding the Association-wide committee chair conference call discussing the philosophy of being more responsive and less bureaucratic with regard to the application of NCAA legislation and interpretations. During the call, Myles Brand expressed the positive steps already taken to achieve this goal. Dr. Brand requested NCAA committees to review legislation impacting student-athlete welfare and consider legislative amendments in such circumstances and explore areas in which the legislation can be more "user-friendly."

5. Update from July Management Council Meeting. The committee was provided an update of actions taken at the July Management Council meeting and informed that the only recommendation from the committee's June in-person meeting that was not approved by the Management Council was a modification based on intent regarding Bylaw 15.4.3. Specifically, the recommendation related to written offers of financial aid and the provision of such verbal offers prior to the prospect's signed acceptance for admission to the institution. The Management Council forwarded the recommendation to the NCAA Division III Financial Aid and Awards Committee for further analysis to define what constitutes a verbal offer.

6. Educational and "Hot" Topics posted on LSDBi. The group reviewed the September educational topic to be posted on LSDBi related to good academic standing and satisfactory progress and approved the topic for posting.

7. Review of 1/19/94, Item a, Staff Interpretation. The committee reviewed a 1/19/94, Item a, staff interpretation related to Division III institutions conducting a sport in Division I and the provision of athletically related financial aid. The committee considered whether to adopt the staff interpretation as an official interpretation in order to ensure all institutions apply the legislation consistently. Currently, the staff interpretation is only binding on institutions that have knowledge of the interpretation.

It was VOTED

"That the staff interpretation be adopted as an official interpretation."

8. Future Meetings and Teleconferences.

a. October 6, 2003; via teleconference, noon Eastern time.

b. November 3, 2003; via teleconference, noon Eastern time.

c. December 3, 2003; via teleconference, noon Eastern time.

d. February 5-6, 2004; W New Orleans, New Orleans, Louisiana.

9. Adjournment. The group adjourned at noon.

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