2004
NCAA Convention Division III Legislative Proposal
Question
and Answer Guide
Proposal No. 55
FINANCIAL AID — ATHLETICS ENDOWMENTS
Source: Presidents Council [Management Council (Joint Subcommittee on the Future of Division III)]
Does this proposal stipulate that an institution may no longer use any endowment funds to support athletics?
No,
this proposal specifies that endowment funds cannot be used to fund financial
aid for student-athletes. The
endowment income may be used to support general athletics expenditures.
If the endowment is strictly
limited to providing funds to the financial aid budget for student-athletes,
what will happen to revenue from the fund if this proposal is adopted? Will the fund income revert back to the
donor's heirs?
The answer depends on the terms of the gift.
Endowment funds should have a clause that describes what will happen to the
funds if the donor's purpose becomes impossible to fulfill. In the absence of such a clause,
generally the attorney general of the state has authority to interpret the
intent of the donor and go into court to have it direct the funds towards a
similar charitable purpose.
Does the effective date for this proposal apply as a simple deadline for institutions to stop using endowment funds towards financial aid packages for all student-athletes, or is there a period of time before 2008 when newly enrolled student-athletes could not receive need based financial aid from an endowment fund?
The 2008 effective date establishes a simple
deadline for institutions to cease the use of endowment funds for the financial
aid packages of student-athletes.
There is not a period of time where the funds can only be used for
student-athletes who already received such funds under the endowment. The delayed effective date was
established to give institutions enough time to establish a different use of
the fund.
Proposal No. 56
FINANCIAL AID — ANNUAL ELECTRONIC REPORTING PROCESS
Source: Presidents Council [Management Council
(Joint Subcommittee on the Future of Division III) (Financial Aid Reporting
Task Force)]
How is this report submitted to the NCAA national office?
The report will be submitted to the national office electronically. The results of the fall 2003 pilot study will help determine how the report is ultimately produced through the institution's pre-existing software.
Who completes the report on
campus?
The director of financial aid
(or that person's designee) shall complete the report. The reporting of the information must be
kept separate from the athletics department or any athletics personnel.
What students are included
in the report?
The pilot report will include
a comparison of all incoming freshmen and transfer student-athletes with all
incoming freshmen and transfer students.
The results of the pilot will help to determine the scope of subsequent
reports.
What will be done with the
data that is collected?
Based on the results of the
pilot study, the data will be analyzed by the NCAA research staff. An acceptable variance between student-athletes
and nonstudent-athletes will be established based on the results of the 2003
pilot and the division-wide trial in 2004.
If an institution appears to be outside the established deviation for
the comparison of the two groups (student-athletes to nonstudent-athletes) it
will receive an opportunity to review this information with the NCAA Division
III Financial Aid and Awards Committee and justify the variance. If the institution cannot justify the
deviation, that information will be forwarded to the enforcement staff for
review like any other potential rules violation.
Will there be a sample of
the report to review before the Convention?
Yes. Materials are currently being developed
and will be ready for distribution prior to the Convention.
Proposal No. 57
ELIGIBILITY — DETERMINING SEASON OF ELIGIBILITY — MINIMUM AMOUNT OF PARTICIPATION
Source: Presidents Council [Management Council
(Joint Subcommittee on the Future of Division III) (Centennial Conference)
(College Conference of
How do student-athletes qualify to apply for a hardship or season-of-participation waiver?
The
current standards for a hardship waiver remain unchanged. Thus, a student-athlete may apply for a
hardship waiver after suffering an injury in the first half of the season (even
if that student-athlete practices in the second half of the season) as long as
the student-athlete has not competed in more than three contests or one-third
of the institution's completed contests.
The
standards for a season-of-participation waiver would be amended to
participation in regards to the timing of the participation. The requirements for the maximum amount
of competition remain the same as in current regulations. Thus, a student-athlete could be granted
an additional season if the participation occurred under the following
conditions:
·
The
participation occurred while the student-athlete was representing an NCAA
institution;
·
The
participation occurred within the first half of the traditional segment; and
·
The
student-athlete did not compete in more than three contests or dates of
competition (whichever is applicable to that sport) or one-third (whichever
number is greater) of the institution's completed contests or dates of
competition in his or her sport.
If a student-athlete takes a year off and does not practice nor compete, does it count as one of the four seasons of participation?
No. In this case, the student-athlete did
not engage in any practice or competition, consequently, no season of
participation has been used.
Does this proposal establish a running clock (similar to the Division I five-year clock)?
No. The 10-semester or 15-quarter clock is
unchanged. Student-athletes in
Division III would still have 10 full-time semesters or 15 full-time quarters
in which to complete four seasons of participation.
A softball student-athlete
competes in a fall nontraditional segment contest but does not practice after
the contest. Has the
student-athlete used a season of competition?
Yes, consistent with the
current NCAA standard, competition in the nontraditional segment constitutes
the use of a season (unless the contest was a scrimmage or exhibition) of
participation.
A soccer student-athlete
competed in the first two traditional segment contests but suffered a season
ending injury in the second game.
The student-athlete attempted to continue practicing the week following
the injury but did not compete in any further contests. Has this student-athlete used a season
of participation?
Yes, but the student-athlete
qualifies for a hardship waiver according to the conditions of Bylaw
14.2.5. A student-athlete may
receive a hardship waiver for an injury occurring under the conditions
specified in Bylaw 14.2.5, even if the student-athlete practices in the second
half of the playing season.
A student-athlete transfers
from Institution A to B at mid-year not having participated at Institution
A. The student-athlete participates
in four women's basketball practices after the transfer but discontinues
practice before her first opportunity to play in a contest and, therefore, does
not participate in any contests.
Has the student-athlete used a season of participation?
No. The student-athlete did
not use a season of participation because she did not practice beyond her first
opportunity to compete.
A sophomore men's
basketball student-athlete transfers from a Division I institution to a
Division III institution. He redshirted his first year at the Division I institution at
the coach's suggestion. The
student-athlete wishes to play basketball for four years at the DIII
institution. Can he participate for
four years?
Yes. The redshirt provision is applied only
to enrollment at a Division III institution. Therefore, the student-athlete is not
charged with a season of participation for the redshirt year at the Division I
institution.
Proposal
No. 57-1
ELIGIBILITY — DETERMINING SEASON OF ELIGIBILITY — MINIMUM AMOUNT OF PARTICIPATION
Source: Presidents Council (Management Council)
What does the amendment to this proposal do?
The
amendment to this proposal specifies that a student-athlete shall not be
charged with a season of participation for practicing in the nontraditional
segment if, due to academic reasons certified by the institution, the
student-athlete did not participate in the traditional segment. Thus, if a student-athlete's only
athletics participation during an academic year was to practice in the
nontraditional season after (or before) missing the traditional season for
academic reasons, the student-athlete would not use a season of participation.
A fall sport
student-athlete takes a semester abroad and does not compete nor practice prior
to returning to school for the spring term. The student-athlete then practices
during the nontraditional segment, but the team does not play any contests in
the nontraditional segment. Has the
student-athlete used a season of participation?
No. The institution did not have any contests
during the time the student-athlete participated with the team, so the
student-athlete did not use a season of participation.
A
baseball student-athlete practices prior to and after a contest in the fall
nontraditional segment. The student-athlete did not compete in
the fall contest and missed the spring semester for an academic reason (as
certified by the institution). Has
the student-athlete used a season of competition?
No. The amended proposal permits practice
during the nontraditional segment without using a season of participation. Under the original proposal, the
student-athlete would have used a season of participation because he practiced
after the first opportunity to participate in a contest.
Proposal No. 58
PHILOSOPHY STATEMENT —RECRUITING
Source: Presidents Council [Management Council (Joint Subcommittee on the Future of Division III)]
Can prospects still receive the benefits described in Bylaw 13 (e.g., a meal on an unofficial visit) if the admissions department does not generally provide the benefit for all prospective students of the institution?
Yes. This proposal provides a philosophical
basis to evaluate athletics recruiting opportunities that are not covered in
Bylaw 13; it does not preclude an institution from providing permissible
benefits.
Proposal No. 59
RECRUITING — PERMISSION TO CONTACT — SELF-RELEASE
Source: (Presidents Council [Management Council (Joint Subcommittee on the Future of Division III)])
Can a Division I or II student-athlete release him or herself to transfer to Division III?
No. The legislation states that only student-athletes attending a Division III institution may use the self-release.
Can a Division III
student-athlete release him or herself to transfer to
Division I?
No. If a student-athlete wants to transfer to a Division I or II institution, that student-athlete must abide by the transfer regulations for Division I or II, neither of which permit a self-release.
Where will student-athletes
get this transfer form?
A standard transfer release form will be posted on the student-athlete section of the NCAA Web site, and student-athletes will be informed of the opportunity to self-release via the NCAA Student-Athlete Statement.
Who does the student-athlete give the form to at the institution where they want to transfer?
A student-athlete's "self-release" form would be forwarded to the director of athletics at the institution of interest to the student-athlete.
Does the student-athlete
have to notify his or her current institution when they self-release?
No. The notification does not have to occur at the time the student-athlete distributes the self-release. The current institution will become aware of the release when the new institution requests the necessary student-athlete academic and athletic eligibility information about the student-athlete or when the student-athlete decides to notify the current institution.
Proposal No. 60
PLAYING AND PRACTICE SEASONS — LENGTH OF SEASONS AND CONTEST LIMITS
Source: Presidents Council [Management Council (Playing and Practice Seasons Subcommittee)]
Can an institution still combine the weeks of the traditional and nontraditional segment to have, for example, a 19-week continuous segment in baseball?
Bylaw
17.1.9.1 remains unchanged under this proposal. Thus, for sports that have different
contest limitations in the traditional and nontraditional segments, an
institution could combine the weeks from the traditional and nontraditional
segments for one continuous segment. However, the contest limit for that
continuous period will be limited to the maximum for the traditional segment.
For spring sports, the proposal states that the traditional segment may
begin 14 weeks prior to the selection date for the championship in the
particular sport. May an
institution have, for example, a 16-week traditional segment and reduce the
nontraditional segment to three weeks?
No. However, for those sports that have
different contest limitations for the traditional and nontraditional segments, if
an institution wishes to exceed 14 weeks in the traditional segment, it must do
so at the expense of having a separate nontraditional segment. Thus, if an
institution plays a 16-week traditional segment, it cannot conduct a separate
nontraditional segment, and cannot exceed the maximum number of contests
permitted in the traditional segment.
When can the nontraditional
segment be conducted?
This proposal does not change the time the nontraditional season may be conducted. The fall nontraditional season may still occur during any five-week period between September 7 and October 30. The spring nontraditional segment still cannot start before February 1.
Will counting back 14 weeks
from the NCAA championships selection date for a particular sport result in a
consistent start date for all institutions?
No. Official vacation periods and final exam periods do not have to be included in the weeks (as long as no practice or competition occurs). Therefore, institutions will have different start dates, depending on each unique academic calendar.
How does the allocation of
contests between the traditional and nontraditional segment work?
An institution has the discretion to allocate its contests between the traditional and nontraditional segments, limited by a maximum value for the particular season and an overall maximum for the academic year. The overall contest maximum represents a 10 percent reduction over the current contest maximums, and the limit for each segment is consistent with current segment limitations. As the chart below illustrates, a baseball team may play 39 games in the traditional segment and two games in the nontraditional segment, or 38 games in the traditional and three games in the nontraditional, or any other combination shown in the chart.
|
Maximum
Allowable contest ranges |
|||
|
Sport |
Traditional season contest limit |
Nontraditional |
Total |
|
Baseball |
36 |
5 |
41 |
|
37 |
4 |
||
|
38 |
3 |
||
|
39 |
2 |
||
|
40 |
1 |
||
|
Field
Hockey |
18 |
4 |
22 |
|
19 |
3 |
||
|
20 |
2 |
||
|
Lacrosse |
11 |
4 |
15 |
|
12 |
3 |
||
|
13 |
2 |
||
|
14 |
1 |
||
|
15 |
0 |
||
|
Soccer |
18 |
4 |
22 |
|
19 |
3 |
||
|
20 |
2 |
||
|
Softball |
36 |
5 |
41 |
|
37 |
4 |
||
|
38 |
3 |
||
|
39 |
2 |
||
|
40 |
1 |
||
|
Volleyball,
men |
25 |
4 |
29 |
|
26 |
3 |
||
|
27 |
2 |
||
|
28 |
1 |
||
|
Volleyball,
women |
19 |
4 |
23 |
|
20 |
3 |
||
|
21 |
2 |
||
|
22 |
1 |
||
Proposal No. 61
PLAYING AND PRACTICE SEASONS — LENGTH OF PLAYING SEASON
Source: College Conference of
Does this proposal reduce
contests?
No. This proposal only reduces the length of the playing season.
Proposal No. 62
PLAYING AND PRACTICE SEASONS — NONTRADITIONAL SEGMENT — ELIMINATION OF CONTESTS
Source: College Conference of
Can teams still practice in
the nontraditional segment?
Yes. This proposal eliminates competition in the nontraditional segment for all sports except golf and tennis; the opportunity to practice in the nontraditional segment remains intact for all sports.
Proposal No. 62-1
PLAYING AND PRACTICE SEASONS — NONTRADITIONAL SEGMENT — ELIMINATION OF CONTESTS
Source: College Conference of
What does the amendment to
this proposal do?
The amendment added rowing to
the list of sports receiving an exception to this contest elimination. Thus, under the amendment, golf, rowing
and tennis could still conduct contests in the nontraditional segment.
Proposal No. 63
PLAYING AND PRACTICE SEASONS — NONTRADITIONAL SEGMENT — PRACTICE AND CONTEST LIMITATIONS
Source: (Centennial Conference)
Must the 16-practices in the nontraditional segment occur on consecutive weekdays?
No. The 16 practices
do not have to occur on consecutive weekdays. The legislation actually
specifies that no more that four practices may be conducted in any one week.
Proposal No. 64
PLAYING AND PRACTICE SEASONS — ELIMINATION OF OUT-OF-SEASON EXCEPTION
Source: Presidents Council [Management Council (Playing and Practice Seasons Subcommittee)]
Can coaches still monitor institutional athletics facilities while student-athletes are using them outside of the playing and practice season?
Coaches
may continue to monitor facilities if that is a duty that the coach normally
performs on campus and the facility is available to all students. The coach cannot provide instruction
while monitoring the facility, but can instruct student-athletes to stop
performing an activity that the coach deems as dangerous.
Proposal No. 65
MEMBERSHIP — MULTIDIVISION CLASSIFICATION — AWARDING OF ATHLETICS AID
Source: Presidents Council [Management Council (Joint Subcommittee on the Future of Division III)]
Under current legislation, can a student-athlete receiving athletically related financial aid for participation in a Division I sport play a Division III sport in another season?
No. An NCAA official interpretation that was recently incorporated into the NCAA Division III Manual states that a student-athlete who receives athletically related financial aid for participation in a Division I sport may not participate in any Division III sports.
With an effective date of 2008, is there a period of time when no new
awards may be offered to incoming student-athletes?
No. Athletically related
financial aid could be awarded to student-athletes through the 2007-08 academic
year.
Beginning with the 2008-09 academic year, no athletically related
financial aid may be awarded to any student-athletes.
What is the history of multi-division classification?
The history of multidivision
classification includes the following highlights: A complete history is posted at www.ncaa.org "athletics administrator's
homepage".
·
1973: Three divisions created; Division III
permitted to classify one sport in Division I (other than football or
basketball) and required to abide by the Division I
bylaws in that sport.
·
1981:
Permissible to
sponsor one men's and one women's sport in Division I.
·
1983:
Divisions I and III adopt requirement to apply the rules of
both divisions to the sport, or more stringent rule if both have a rule on same
topic; Waiver exception adopted to application of the Division III regulations
with approval by Steering Committee, for member with Division I sport during
1982-83 academic year. [Current Bylaw 20.7.1.1.1 waiver that permits eight
Division III institutions to offer athletically related financial aid in a
Division I sport].
·
1985: Steering Committee authority
to approve exceptions to Division III financial aid regulations for a sport
classified in Division I for one sex if already had exception for a sport in
opposite sex. [Current Bylaw 20.7.1.1.1].
·
1987: Vote to eliminate multidivision classification
for all sports defeated by all three
divisions – Vote to prohibit Division I and Division II institutions
classifying football or other sports in Division III also defeated.
·
1991: Vote to prohibit a Division II or III
member institution from being classified in Division I in one sport for men
and/or one sport for women defeated.
[Proposal was a common provision,
required adoption by all - approved by Divisions I and III, defeated by
Division II].
·
1994: Divisions I and III vote to permit a Division
III school that sponsors a sport in Division I to apply the Division I playing
and practice seasons regulations.
·
1994: Staff interpretation "a
student-athlete receiving athletically related financial aid in a Division I
sport may not participate in a Division III sport in the same academic year."
·
2003: Official interpretation issued
on the 1994 staff interpretation - incorporated into Division III Manual.
Proposal No. 65-1
MEMBERSHIP — MULTIDIVISION CLASSIFICATION — AWARDING OF ATHLETICS AID — WAIVER
Source:
What does this amendment
accomplish?
This amendment would allow the eight institutions currently offering athletically related financial aid in a Division I sport to continue that practice, but would preclude any other Division III institution that qualifies for the 1983 waiver from doing so.
Proposal No. 67
EXECUTIVE REGULATIONS — SELECTION OF TEAMS AND INDIVIDUALS FOR CHAMPIONSHIPS PARTICIPATION — AUTOMATIC
QUALIFICATION
Source: Empire 8
Has this proposal been withdrawn?
Yes, the sponsors have indicated their intent to withdraw this
proposal.
When will the preliminary results of the financial feasibility study to add tennis, golf and cross country to the team sports groupings for automatic qualification be available?
This
preliminary financial information will be available by February 1, 2004.
Proposal No. 68
MEMBERSHIP — CONDITIONS AND OBLIGATIONS OF ACTIVE MEMBERSHIP — CERTIFICATION OF INSURANCE COVERAGE
Source: Presidents Council (Management Council)
Can the insurance coverage
have a deductible? How much can
that deductible be?
The insurance coverage can have a deductible. Typical deductibles for a personal policy are in the range of $500-$1,000.
Can an institution fund the
insurance coverage for student-athletes?
Is the institution required to fund the insurance?
Yes, Bylaw 16.4 permits an institution to fund medical insurance for student-athletes; the insurance is incidental to the student-athlete's participation in athletics. Bylaw 16.4 is permissive legislation, therefore the institution is permitted, but not required to pay for the insurance.
Proposal No. 68-1
MEMBERSHIP — CONDITIONS AND OBLIGATIONS OF ACTIVE MEMBERSHIP — CERTIFICATION OF INSURANCE COVERAGE
Source: Presidents Council (Management Council)
Why was this
proposal amended?
The amendment
to this proposal simply delays the effective date of the original proposal by
one year. This was done to provide
more time for institutions to implement an appropriate insurance certification
procedure on campus and to give NCAA staff more time to educate the membership about this certification.
Proposal No. 69
PLAYING AND PRACTICE SEASONS — ANNUAL EXEMPTIONS
Source: California State University, Hayward; California State University at Santa Clara; Colorado College; Thomas More College; Mills College; Philadelphia Biblical University; University of Dallas; Eastern Oregon University; Bard College; and Menlo College
Why are fencing and
football not included in this proposal?
Fencing was not included because current legislation permits this competition to be exempted. Football was not included because the sponsors did not want the exemption to apply to football.
Proposal No. 70
PLAYING AND PRACTICE SEASONS — COACHING ACTIVITIES OUTSIDE THE PLAYING SEASON
Source: Presidents Council [Management Council (Playing and Practice Seasons Subcommittee)]
What activities are permissible under this new legislation?
A coach could accompany and
engage in coaching activities with a student-athlete who is attending
established national championship events (including junior national
championships) or Olympic, Pan American, World Championships, Word Cup and
If the event occurs out of
season, can the coach train the student-athlete prior to the actual competition?
No. Coaches can only provide the coaching
instruction during travel to and from the event and at the event itself.