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2003
NCAA CONVENTION PROPOSAL Pursuant to NCAA Constitution 5.3.6.3.1.2
proposed amendments sponsored by the NCAA Division III Presidents Council to
be considered by the NCAA Division III membership at an annual NCAA
Convention must be submitted not later than September 1. The following is a proposal in
legislative form that the Presidents Council has agreed to sponsor. Those items that the NCAA Division
III Management Council has not yet reviewed in legislative form are marked
with an asterisk. |
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*NO.
1 |
AMATEURISM
– PROFESSIONAL TEAM – DEFINITION |
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Intent: To specify that a professional team
is an organized team that provides any of its players more than actual and
necessary expenses, as specified, or declares itself to be a professional
team. |
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A. Bylaws: Amend 12.02.4, page 55, as
follows: |
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[Division III] |
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"12.02.4
Professional Athletics Team. A
professional sports team is any organized team that: |
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"(a) |
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"(1) |
Meals directly tied to competition and practice held in
preparation for such competition; |
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"(2) |
Lodging directly tied to competition and practice held in
preparation for such competition; |
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"(3) |
Apparel, equipment and supplies; |
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"(4) |
Coaching and instruction; |
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"(5) |
Health/medical insurance; |
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"(6) |
Transportation (i.e., expenses to and from practice and
competition, cost of transportation from home to training/practice site at
the beginning of the season and from training/practice site to home at the
end of the season; |
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"(7) |
Medical treatment and physical therapy; |
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"(8) |
Facility usage; and |
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"(9) |
Entry fees; or |
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"(b) |
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" |
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" |
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B. Bylaws: Amend 12.6.1.7, page 67, as follows: |
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[Division III] |
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" |
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" |
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" |
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" |
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Source: NCAA Division III Presidents Council
[Management Council (Amateurism Task Force)]. |
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Effective
Date:
August 1, 2003. |
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Rationale: The current definition of a
professional team has been used by the membership sine 1974. This proposal amends the definition
of a professional team for several reasons. First, the current reinstatement process handles cases
involving "low" levels of amateur competition that result in a
violation due to the team receiving funding indirectly from a professional
team. For example, there are
international youth teams in the sports of soccer and basketball that accept
funding from professional teams and, thus, are considered professional teams
under the current definition. Under the proposed definition, any
participant's actual and necessary expenses no longer would be considered
professional. Further, sophisticated amateur competition can escape the
current definition of a professional team even if the amateur team provides
pay to its players. This proposal would address this loophole. Second, the
current definition uses the work "professional" seven times. This proposal would use it only once
in the actual definition. The
concern of unintentionally affecting the eligibility of individuals who are
playing on a "low-level" team is minimized; however, the task force
recognizes that if there is competition that inappropriately results in a
team being defined as professional, the reinstatement process will consider
the mitigation. Third, under the current definition, it is possible for a
team to pay its players but still not be considered a professional team as
long as the pay does not come from a team, league or organization that labels
itself as professional. This seems to contradict the basic premise of
professional athletics. Finally,
in our global environment, it is increasingly difficult to understand how
international teams operate in the context of the current definition, since
many countries and leagues define "professional" differently. To
focus on whether the team pays its players or whether it calls itself
professional likely will bring greater consistency in the application of NCAA rules to domestic and
international student-athletes. |
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NO.
2 |
ELIGIBILITY
– SEASONS OF COMPETITION |
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Intent: 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. |
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A. Bylaws: Amend 14.2.6, page 97, as follows: |
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[Division III] |
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"14.2.6 Season-of-Competition Waiver – Competition While Ineligible. In
conjunction with a request for restoration of eligibility and any conditions
imposed thereon per Bylaw 14.12, a student-athlete may be granted an
additional season of competition by the Committee on Student-Athlete
Reinstatement when the student-athlete participated in a limited amount of
competition as a result of a good-faith, erroneous formal declaration of
eligibility by the institution's appropriate certifying authority; or the
student-athlete's good-faith, erroneous reliance on a coaching staff member's
decision to put the student-athlete into competition prior to the coaching
staff member receiving a formal declaration of the student-athlete's
eligibility from the institution's appropriate certifying authority. The competition must have occurred
under all of the following conditions:" |
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[14.2.6-(a)
through 14.2.6.1 unchanged.] |
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B. Bylaws: Amend 14.2 by adding new 14.2.7, page
98, as follows: |
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[Division III] |
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"14.2.7
Season-of-Competition Waiver – Competition While Eligible. A student-athlete may be granted an
additional season of competition by the Committee on Student-Athlete Reinstatement
when, due to extenuating circumstances (per Bylaw 14.2.7.1.2), the
student-athlete, while eligible, participated in a limited amount of
competition. The competition
must have occurred under all of the following conditions: |
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"(a) |
The competition occurred while the student-athlete was
representing an NCAA member institution; |
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"(b) |
The competition occurred within the first half of the
championship season; |
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"(c) |
The student-athlete did not compete in more than two events or 10
percent (whichever number is greater) of the institution's completed events
in his or her sport. All
competition (including a scrimmage) against outside participants shall be
countable under this limitation in calculating both the number of events in
which the student-athlete participated and the number of completed events
during that season (both segments) in the sport. |
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"14.2.7.1
Administrative Criteria.
The following criteria shall be employed in the administration of this
season-of-competition waiver: |
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"14.2.7.1.1
Ten-Percent Calculation.
The requirements specified in Bylaw 14.2.4.3.5 shall apply to the
10-percent calculation specified in this waiver. |
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"14.2.7.1.2
Extenuating Circumstances.
Extenuating circumstances include, but are not limited to, the following: |
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"(a) |
The student-athlete officially withdrew from the institution as a
result of a life-threatening injury or illness suffered by a member of the
student-athlete's immediate family, which clearly is supported by
contemporaneous medical documentation; |
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"(b) |
The student-athlete officially withdrew from the institution as a
result of extreme financial difficulties as a result of a specific event
(e.g., layoff, death in family) experienced by the student-athlete or an
individual on whom the student-athlete is legally dependent. These circumstances must be clearly
supported by objective documentation (e.g., decree of bankruptcy, proof of
termination) and must be beyond the control of the student-athlete or the
individual on whom the student-athlete is legally dependent; |
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"(c) |
The student-athlete's institution dropped the sport (in which the
student has practiced or competed) from its intercollegiate program; or |
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"14.2.7.1.3
Penalty. A
student-athlete who is granted a waiver pursuant to Bylaw 14.2.7 shall be
withheld from one contest of intercollegiate competition for each contest in
which he or she competed. |
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"14.2.7.1.4
Review Authority. In
cases where a student-athlete does not meet the extenuating circumstances
listed in Bylaw 14.2.7.1.2, the Committee on Student-Athlete Reinstatement
shall have authority to review and grant waivers based on additional
documented extenuating circumstances." |
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Source: NCAA Division III Presidents Council
[Management Council (Administrative Review Subcommittee)]. |
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Effective
Date:
August 1, 2003 (for competition occurring on or after August 1, 2003). |
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Rationale: This proposal is based on the number
of requests submitted by the membership and reviewed and granted by the
subcommittee to waive Bylaw 14.2.4.1. Establishing specific criteria through
legislation can reasonably expand the season-of-competition waiver to include
eligible student-athletes. The increasing number of requests being submitted
by the membership have created criteria that can be reviewed in a more
equitable manner through a legislated waiver. Regarding the one-for-one
condition, this condition is used based on competitive equity reasons. |
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*NO.
2-1 |
ELIGIBILITY
– SEASONS OF COMPETITION |
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Intent: 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. |
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A. Bylaws: Amend 14.2.6, page 97, as follows: |
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[Division III] |
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"14.2.6 Season-of-Competition Waiver –
Competition While Ineligible. In
conjunction with a request for restoration of eligibility and any conditions
imposed thereon per Bylaw 14.12, a student-athlete may be granted an
additional season of competition by the Committee on Student-Athlete
Reinstatement when the student-athlete participated
in a limited amount of competition as a result of a good-faith, erroneous
formal declaration of eligibility by the institution's appropriate certifying
authority; or the student-athlete's good-faith, erroneous reliance on a
coaching staff member's decision to put the student-athlete into competition
prior to the coaching staff member receiving a formal declaration of the
student-athlete's eligibility from the institution's appropriate certifying
authority. The competition must
have occurred under all of the following conditions:" |
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[14.2.6-(a)
through 14.2.6.1 unchanged.] |
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B. Bylaws: Amend 14.2 by adding new 14.2.7, page
98, as follows: |
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[Division III] |
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"14.2.7 Season-of-Competition Waiver –
Competition While Eligible. A
student-athlete may be granted an additional season of competition by the
Committee on Student-Athlete Reinstatement when, due to extenuating
circumstances (per Bylaw 14.2.7.1.2), the student-athlete, while eligible,
participated in a limited amount of competition. The competition must have occurred under all of the
following conditions: |
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"(a) |
The
competition occurred while the student-athlete was representing an NCAA
member institution; |
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"(b) |
The
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"(c) |
The
student-athlete did not compete in more than two events or 10 percent
(whichever number is greater) of the institution's completed events in his or
her sport. All competition
(including a scrimmage) against outside participants shall be countable under
this limitation in calculating both the number of events in which the
student-athlete participated and the number of completed events during that
season (both segments) in the sport. |
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"14.2.7.1 Administrative Criteria. The following criteria shall be
employed in the administration of this season-of-competition waiver: |
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"14.2.7.1.1 Ten-Percent Calculation. The requirements specified in Bylaw
14.2.4.3.5 shall apply to the 10-percent calculation specified in this
waiver. |
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"14.2.7.1.2 Extenuating Circumstances. Extenuating circumstances include,
but are not limited to, the following: |
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"(a) |
The
student-athlete officially withdrew from the institution as a result of a
life-threatening injury or illness suffered by a member of the
student-athlete's immediate family, which clearly is supported by
contemporaneous medical documentation; |
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"(b) |
The
student-athlete officially withdrew from the institution as a result of
extreme financial difficulties as a result of a specific event (e.g., layoff,
death in family) experienced by the student-athlete or an individual on whom
the student-athlete is legally dependent |
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"(c) |
The
student-athlete's institution dropped the sport (in which the student has
practiced or competed) from its intercollegiate program; or |
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"14.2.7.1.3
Penalty. A student-athlete who is granted a
waiver pursuant to Bylaw |
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"14.2.7.1.4 Review Authority. In cases where a student-athlete does
not meet the extenuating circumstances listed in Bylaw 14.2.7.1.2, the
Committee on Student-Athlete Reinstatement shall have authority to review and
grant waivers based on additional documented extenuating circumstances." |
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Source: NCAA Division III Presidents Council
[Management Council (Administrative Review Subcommittee)]. |
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Effective
Date: August 1, 2003 (for
competition occurring on or after August 1, 2003). |
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Rationale: This proposal is based on the number of requests submitted by the membership and reviewed and granted by the subcommittee to waive Bylaw 14.2.4.1. Establishing specific criteria through legislation can reasonably expand the season-of-competition waiver to include eligible student-athletes. The increasing number of requests being submitted by the membership has created criteria that can be reviewed in a more equitable manner through a legislated waiver. Regarding the one-for-one condition, this condition is used based on competitive equity reasons. |
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*NO.
3 |
PLAYING
AND PRACTICE SEASONS – NUMBER OF CONTESTS – ICE HOCKEY |
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Intent: In women's ice hockey, to decrease
the maximum number of contests from 34 to 25. |
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A. Bylaws: Amend 17.13.5.1, page 170, as
follows: |
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[Division III] |
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"17.13.5.1 Maximum Limitations – Institutional. A member institution shall limit its
total playing schedule with outside competition during the institution’s ice
hockey playing season in the sport of women’s ice hockey to a maximum of |
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B. Bylaws: Amend 17.13.5.2, page 170, as
follows: |
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[Division III] |
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"17.13.5.2 Maximum Limitations – Student-Athlete. A student-athlete may participate in
each academic year in a maximum of |
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Source: NCAA Division III Presidents Council
[Management Council (Management Council Playing and Practice Seasons
Subcommittee)]. |
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Effective
Date:
August 1, 2003. |
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Rationale: Women's ice hockey is currently permitted 34 contests, nine more than the current men's maximum limitation. The current limit is the same number as permitted in Divisions I and II and is based on the fact that women's ice hockey is a national collegiate championship sport for Divisions I and II. Up until the 2001-02 academic year, Division III participated in the National Collegiate Championship. Division III now sponsors its own championship. Thus, the contest limitation should mirror the men's limitation. |
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*NO.
4 |
PLAYING
AND PRACTICE SEASONS – INDOOR AND OUTDOOR TRACK AND FIELD – LENGTH OF PLAYING
SEASON |
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Intent: To specify that an institution that
sponsors indoor or outdoor track and field (but not both) is limited to a
playing and practice season of 21 weeks. |
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Bylaws: | |||