REPORT OF THE
NCAA DIVISION III
MANAGEMENT COUNCIL
ADMINISTRATIVE REVIEW
SUBCOMMITTEE
1. ACTION ITEM.
·
Nonlegislative.
(1) Recommendation. The NCAA student-athlete reinstatement
staff and the NCAA Division III Management Council Administrative Review Subcommittee
(ARS) received an ARS request which was ultimately granted by the subcommittee
in late June 2004. Due to the
unusual circumstances presented within the request and the necessity of a
waiver on an indefinite basis, the subcommittee seeks the Management
Council’s guidance as to whether it is appropriate to continue providing
relief to the U.S. Merchant Marine Academy (Attachment A).
(2) Rationale. The staff and subcommittee reviewed ARS
Case No. 6897 from Merchant Marine, which requested a waiver of the normal
application of the definition of a collegiate institution (NCAA Bylaw 14.02.3)
to allow identified prospective student-athletes to attend the preparatory
school in New Mexico and participate in the academic preparation work for
Merchant Marine as if the preparatory school in New Mexico was a normal
preparatory school and not a two-year institution. The waiver is granted for the 2004-05
academic year and applies only to student-athletes who enroll at applicant institution. The staff initially granted the case for
a one-year period based on the unique factors and the change in preparatory
school. The staff noted that the
student-athletes are attending the preparatory school for academic reasons and
their attendance is determined outside of athletics with no consideration of
athletics. The staff granted with
the condition that the student-athletes not compete in athletics at the
preparatory school, since the student-athletes would be competing at the
junior-college level. The staff
noted that to allow competition and not count it for NCAA purposes would
provide a competitive advantage. On
appeal to the subcommittee, the request was granted without conditions for the
2004-05 academic year. The
subcommittee noted the unique factors surrounding this request. The subcommittee indicated it could not
see a difference competitively between competing at the first preparatory
school or the new preparatory school in New Mexico. The subcommittee noted that it would
refer this issue to the Management Council to determine how cases should be
handled beyond the 2004-05 academic year.
(1) Budget
Impact. None.
2. INFORMATIONAL ITEMS.
a.
October
Meeting. The
subcommittee will meet immediately following the conclusion of the Management
Council’s October 2004 meeting to review numerous issues which will be
reported on at the January 2005 Management Council meeting.
b.
Summary
of Cases. From May 1,
2004, to August 31, 2004, the subcommittee and staff reviewed 13 cases. The subcommittee granted four and the
staff granted three. The staff
denied seven cases and on appeal to the subcommittee, one case was granted with
conditions (Attachment B).
|
Bylaw Cited in Waiver Request |
Number
of Requests |
Overall Decisions |
|
14.02.3
(collegiate institution) |
1 |
Granted |
|
14.2.4.1 (minimum amount of
competition) |
4 |
2 Denied 2 Granted |
|
14.5 (general
rule) |
4 |
3 Denied 1 Granted |
|
16.8.1.3 (other competition) |
2 |
*
Blanket waivers granted for Division III |
|
17 (playing and practice seasons) |
2 |
1 Denied 1 Granted |