REPORT OF THE

DIVISION III COMMITTEE ON INFRACTIONS

ACTION ITEM.

? NCAA Bylaws 19 and 32.

(1) Recommendation. Sponsor legislation to amend Bylaws 19 and 32. [Attachment]

(2) Rationale. The majority of the modifications reflected in this proposal are editorial in nature and stem from the renaming of the preliminary inquiry to "the notice of inquiry," and the official inquiry to the "notice of allegations." Inasmuch as the "notice of allegations" is referenced in both bylaws, the changes should be adopted simultaneously. The revisions also include some clarifications or simplification of the applicable legislation. The proposal also seeks approval for two substantive changes; one is to abolish the hearing officer as an alternative method to resolve factual disputes in a major infractions case (current Bylaw 19.2). The committee also seeks the discretion to grant limited immunity (current Bylaw 32.3.7; revised Bylaw 32.3.8) even when information has already been developed that could "jeopardize" an individual's employment or eligibility; it being understood that the individual has information not available or not likely to be obtained from other source(s).

Committee chair: Christopher Bledsoe, New York University

Staff Liaisons: Shep Cooper, Committee on Infraction

Chris Strobel, Enforcement Services