FUTURE OF DIVISION III LEGISLATIVE REFORM AGENDA

JANUARY 2004 NCAA CONVENTION

Background:

? Presidents Council (PC) and Management Council (MC) created joint subcommittee at the 2002 Convention in response to concerns, both within the membership and externally, that the legislation and administrative practices of Division III had strayed from the division?s philosophy.

? Internal concerns were illustrated by several close votes during recent conventions (e.g., reductions to playing seasons and the nontraditional segment, elimination of redshirting).

? External concerns were reflected by discussions surrounding the Mellon Foundation?s publication of ?The Game of Life,? and its sequel, ?Reclaiming the Game.?

? It appeared these issues struck at the very heart of the philosophy and could impact the long-term status and direction of the division.

? The goal was not to squelch or preclude discussions, but to fulfill the governance structure?s responsibility to address these important issues.

Charge:

• Examine the shared educational values of Division III in light of its Philosophy Statement.
• Explore options for legislative and organizational changes, consistent with those shared values and philosophies.
• Focus less on ?current problems? than on the appropriate future direction for and definition of the division.

Structure:

? Focus of review has been in five areas: financial aid; eligibility and recruiting; playing and practice seasons; championships; and membership requirements. Most of the five subgroups included both PC and MC members.

? An oversight group composed of PC and MC leadership, and including a representative from each of the five subgroups. Chairs: Bette Landman, Arcadia University, and John McCardell, Middlebury College.

Process Milestones:

2002

• Fall-Winter 2002. In-person visits by joint subcommittee members and staff at meetings of conferences, independents and interest groups (e.g., FARA, student-athlete regional leadership conferences) to discus issues and solicit feedback. Discussions took place at approximately 40 meetings and involved approximately 525 administrators and student-athletes.

2003

• January 13. Division-wide forum at 2003 NCAA Convention to discuss the future of the division.
• Feb.-March. Division?wide survey on the future of the division sent to CEOs, with related communication to ADs, SWAs, FARs, SAAC liaisons and conference commissioners. Survey return rate of approximately 80 percent.
• April. Four focus groups (three in-person and one via phone) conducted by outside, professional firm to explore survey results.
• May-June. Five subgroups reviewed survey results and focus group feedback, and identified recommendations for oversight group.
• July 7. Full meeting of joint subcommittee to review recommendations of each subgroup and forward recommendations to oversight group. Oversight group then met to finalize recommendations to MC and PC.
• July 21-22. Management Council reviewed and approved recommendations to forward to PC for sponsorship at 2004 Convention.
• August 7. Presidents Council reviewed MC recommendations and identified legislative reform package for sponsorship at 2004 Convention.

Remainder of 2003 and 2004:

l Early September ? Targeted CEO communication followed by personal calls to conference CEO leaders and independent institution CEOs.

l September 1 ? Governance structure deadline for submission of proposed legislation.

l September 30 ? ECAC Convention presentation.

l September/October/November ? Potential conference meetings of CEOs, faculty athletics representatives, athletics administrators and student-athletes facilitated by members of the Management Council.

l October 21-22 ? Management Council meeting.

l October 30 ? Presidents Council meeting.

l November 1 ? Amendment-to-amendment deadline. Any eight schools (with CEO signatures) can submit an amendment to a current proposal to make it more like existing legislation.

l November 20-22 ? FARA Fall Forum presentation.

l Late November ? 2004 Convention Notice mailed to Division III CEOs.

l January 11, 2004 ? Division III legislative issues forum; CEO luncheon; conference meetings.

l January 12, 2004 ? NCAA Convention ? conference meetings; voting on legislative reform agenda.

Specific Proposals (9): Ultimately, the PC agreed to sponsor nine specific reform proposals.

	FINANCIAL AID
1.	Annual Financial Aid Reporting Process.
	Presidents Council Action:
	Sponsor legislation for the 2004 Convention to establish an annual electronic reporting process, effective August 1, 2005, to require an institution to compare financial aid packaging for freshmen and transfer student-athletes with the aid packages awarded to other freshmen and transfer students on an annual basis. The Council noted: l The principle of no athletics aid is a fundamental tenet of the Division III philosophy. l This legislation is responsive to the membership survey (64 percent support), and the membership ranked financial aid as its top issue of concern. l The reporting process is critical to ensure membership compliance with Bylaw 15 regulations. l A pre-pilot will be conducted in fall 2003 with institutions on the task force and selected others. The goals of the pre-pilot are to determine what demographic information to collect; the size of the nonstudent-athlete pool; the success of the electronic data transfer; and the institutional cost and the administrative burden to complete an annual report. l The 2004 division-wide pilot will determine the appropriateness of the August 1, 2005, effective date. l The process will affirm the consistency of financial aid awarded to the athletics and nonathletics population at each member institution. l Communication (both electronic and hard copy) and involvement with the financial aid community (NASFAA) remains critical. l The Division III Financial Aid and Awards Committee supports the proposal.
2.	Exempted Athletics Endowments.
	Presidents Council Action:
	Sponsor legislation for the 2004 Convention to amend Bylaw 15.01.5 to eliminate the financial aid exemption for athletics funds or endowments established prior to January 1, 1979, and prohibit an institution from using in its financial aid budget, income from endowment funds specifically for student-athletes, with a delayed effective date of August 1, 2008. The Council noted: l The delayed effective date provides reasonable notice for all institutions to address issues related to endowed funds and does not negatively impact any student-athletes currently receiving the benefits of such funds. l Elimination of such funds, which were set up for athletics scholarships is consistent with the Division III philosophy to ?award no athletically related financial aid to any student.? l The Division III Financial Aid and Awards Committee supports the proposal. l Endowed funds may be used to support institutional programs; however, they may not be used as financial aid for student-athletes.

	ELIGIBILITY AND RECRUITING
3.	Seasons of Participation (Redshirting).
	Presidents Council Action:
	Sponsor legislation for the 2004 Convention to limit a student-athlete to four seasons of participation by specifying that a student-athlete will be charged with a season of participation if he or she practices or competes during or after the first contest following the student-athlete?s initial athletics participation at the institution. Existing waiver options (e.g., hardship waiver) will be maintained. Effective August 1, 2004 (for participation on or after that date). The Council noted: l The legislation is consistent with the Division III philosophy that the highest priority is placed on the overall quality of the educational experience and successful completion of all students? academic programs. l The legislation will permit student-athletes to take part in limited tryouts without exhausting a season of participation. l The retention of existing waiver options (e.g., medical hardship) supports opportunities to address unique situations. l The legislation encourages degree completion and may eliminate pressure for some student-athletes who do not wish to redshirt. l The legislation eliminates potential elongation of academic programs and introduces a new term, ?participation.? l Similar proposal sponsored by the Centennial Conference, the College Conference of Illinois and Wisconsin, and the Iowa Intercollegiate Athletic Conference.
4.	Athletics Recruiting Policies ? Division III Philosophy Statement.
	Presidents Council Action:
	Sponsor legislation for the 2004 Convention to revise the philosophy statement (Bylaw 20.11), effective August 1, 2004, to establish a principle to assure that athletics recruitment complies with established institutional policies and procedures applicable to the admissions process. The Council noted: l The principle applies to identification, evaluation and admission of prospective student-athletes. l The Division III Institutional Self-Study Guide would be amended to reflect the principle. l The language assumes that campus dialogue between athletics and admissions staffs should occur to assess admissions practices, consistent with the principle. l The proposed legislation is responsive to results of the membership survey (84 percent support).

5.	Transfer Contact Rule ? Self-Release.
	Presidents Council Action:
	Sponsor legislation, effective August 1, 2004, to revise the transfer contact rule to: a. Deregulate contact rule to grant student-athletes the authority to issue, on their own behalf, written permission (self-release) that permits other institutions to contact the student-athlete about a potential transfer. A student-athlete written ?self-release? would be forwarded to the director of athletics at the schools of interest to the student-athlete. Notify student-athletes of the ability to self-release via the student-athlete statement. b. Forward to Committee on Infractions a policy directive to strengthen the enforcement of the current transfer contact regulations related to inappropriate contact with student-athletes initiated by an athletics staff member or representative from another member school. The Council noted: l The amendment provides student-athletes with flexibility and freedom to pursue options related to transfer and subsequent enrollment. l Notification of the ability to self-release should be incorporated into the student-athlete statement. l Student-athletes already can transfer to a second school without permission, provided they do not have prior contact with athletics personnel at that school. l Strengthened enforcement by the staff and the Committee on Infractions is critical to address institutional issues related to inappropriate transfers and contact with student-athletes. l The proposed legislation is responsive to results of the membership survey (63 percent support).

	PLAYING AND PRACTICE SEASONS
6.	Length of Overall Playing and Practice Seasons.
	Presidents Council Action:
	Sponsor one proposal for the 2004 Convention, effective August 1, 2006, as follows: a. Length of Overall Playing and Practice Season. Limit the length of an institution?s playing season segment to 18 weeks in fall sports, and 19 weeks in winter and spring sports. Traditional segment calculations are done counting back from the NCAA championships selection date in the applicable sport; and b. Contest limits ? traditional and nontraditional segments. Decrease combined current traditional and nontraditional segment contest limits by 10 percent and establish combined maximums for traditional and nontraditional segments, while retaining the current caps on the maximum number of permissible contests/dates of competition in the t