REPORT OF THE
DIVISION III
INTERPRETATIONS AND LEGISLATION COMMITTEE
1. ACTION ITEMS.
a. Modification
Based on Intent – 2004 Convention Proposal No. 57 (as amended by Proposal
No. 57-1) – Determining Season of Eligibility – Exception.
(1) Recommendation. Sponsor a modification of wording of 2004
Convention Proposal No. 57 (as amended by Proposal No. 57-1) to exclude
‘academic ineligibility’ as an exception to the seasons of
participation legislation.
(2) Rationale. The committee reviewed questions related
to 2004 NCAA Convention Proposal No. 57 (as amended by Proposal No. 57-1) and
the exception that allows a student-athlete to practice in the nontraditional
segment without using a season of participation if he or she misses the
traditional segment for legitimate academic reasons. The committee agreed that the proposal
should be modified to reflect the intent that the exception cannot be used when
a student-athlete is academically ineligible. Such a modification is consistent with
the rationale of the proposal, in that the reason to use the exception should
be for academic opportunities, rather than academic underperformance.
(3) Budget Impact. None.
b. Modification
Based on Intent – 2004 Convention Proposal No. 63 – Nontraditional
Segment – Practice and Contest Limitations.
(1) Recommendation. Sponsor a modification of wording of
2004 Convention Proposal No. 63 to clarify that the affected sports are limited
to 16 practice days, including one date of competition, in the nontraditional
segment and that any athletically related activity (per Bylaw 17.02.1.1) by any
member of an applicable team will trigger the application of a practice day.
(2) Rationale. The committee reviewed questions related
to the application of 2004 Convention Proposal No. 63. The committee agreed that consistent
with the intent statement of the proposal, practice and competition in the affected
sports shall be limited to 16 days, including one date of competition. An institution may conduct practice on
16 different days, including one date of competition, during the nontraditional
segment, with no more than four practice days occurring in any one week. In addition, the committee agreed that
an institution must count a practice day for any day in which any
student-athlete of the applicable sport participates in any athletically related
activity per Bylaw 17.02.1.1
(3)
Budget Impact.
None.
c. Modification
Based on Intent – 2004 Convention Proposal No. 69 – Annual Exemptions
– Independents Championship.
(1)
Recommendation. Sponsor a modification of wording of 2004
Convention Proposal No. 69 to clarify that institutions that are not members of
a conference for a particular sport may use the “Independents Championship”
exemption in that sport.
(2) Rationale. The committee reviewed questions related to Proposal No. 69. The committee agreed that the intent of the proposal was to give an opportunity for independent institutions (in all sports or in a particular sport) to engage in competition similar to a conference tournament. Therefore, if an institution belongs to a multi-sport conference that does not sponsor a particular sport (and is not a member of any other conference for that sport), that institution’s team for that sport may use the independent exemption.
(3) Budget Impact. None.
d. Noncontroversial
Legislation - NCAA Bylaw 14.1.8.2.2.1.2 – Olympic, Pan American, World Championships,
World Cup or
(1) Recommendation. Adopt noncontroversial legislation to
add ‘World Youth Championships’ to the list of events in Bylaw
14.1.8.2.2.1.2 for which a student-athlete may receive a waiver of the
full-time enrollment requirement who, because of such participation, may lose
eligibility for practice and competition in any sport.
(2) Rationale. The committee reviewed an official Division I interpretation, which added “World Youth Championships” to the list of events for which a student-athlete may receive a waiver of the full-time enrollment requirement. The committee agreed that Division III student-athletes who participate in such championships should also be afforded the opportunity to receive a waiver of the full-time enrollment requirement.
(3) Budget Impact. None.
e. Noncontroversial
Legislation - NCAA Bylaw 17._.8.1 – Noncollegiate Amateur Competition.
(1) Recommendation. Adopt noncontroversial legislation to
delete the outside competition language from each sport section of Bylaw 17,
but include a cross reference to Bylaw 14.7.1.
(2) Rationale. The committee reviewed the outside competition legislation as contained in Bylaw 14.7.1 and each sport section of Bylaw 17. It was noted that due to piecemeal changes to the legislation, the language in some sport sections is inconsistent with Bylaw 14.7.1, which is meant to apply to all sports.
(3) Budget Impact. None.
f. Bylaw
16.12.1 – Permissible Benefits – Fund Raisers for Student-Athletes.
(1) Recommendation. Sponsor legislation for the 2005 NCAA
Convention to adopt the principles in Division I Bylaw 16.12.1.11-(g), which
allows an institution to be
involved in fund raisers for student-athletes (or their immediate family members)
under the following extreme circumstances:
(a)
Extreme circumstances should be extraordinary in the result of events beyond
the student-athlete's control (e.g., life-threatening illness, natural
disaster);
(b)
The procedures must be designated for a specific purpose (e.g., payment of medical
bills, purchase of medical equipment, replacement of items lost in a fire,
etc.)
(c)
The proceeds may not be given directly to the beneficiaries, but must be disbursed
through or paid directly to another entity, with receipt kept on file by the
institution; and
(d)
The excess proceeds must be given to a not-for-profit organization with the
receipt kept on file by the institution.
(2) Rationale. The committee reviewed a suggestion that Division III sponsor legislation similar to Division I Bylaw 16.12.1.11-(g). The committee agreed that the legislation would be appropriate for Division III. In particular, the committee noted that athletics departments should be able to support student-athletes in such circumstances and that student-athletes should be able to be involved in the fund-raising activities for their peers.
(3) Budget Impact. None.
g. Interpretation of Application of 2004 Convention Proposal No. 57 to Indoor and Outdoor Track and Field.
(1) Recommendation. Approve the following interpretation:
Application of 2004 Convention Proposal No. 57 to Indoor and Outdoor Track and Field. (III) In order for a student-athlete to avoid the use of an indoor track and field season and participate in the outdoor track and field season during the same academic year, he or she cannot begin practice for the outdoor season until after the institution’s last indoor contest. For this purpose, an institution’s last indoor contest shall be the last competition (excluding NCAA championships competition) that includes the minimum number of participants to count as a contest for sports sponsorship purposes per NCAA Bylaw 20.11.3.3. [References: 2004 Convention Proposal No. 57 (eligibility – determining season of eligibility – minimum amount of participation) and Bylaws 14.2.4 (criteria for determining season of eligibility) and 20.11.3.3 (minimum contests and participants requirements for sports sponsorship).]
(2) Rationale. The committee reviewed membership questions related to 2004 Convention Proposal No. 57 and determined because indoor and outdoor track and field are considered to be separate sports, a student-athlete cannot practice with an institution’s team for the outdoor season during the indoor season and avoid the use of an indoor season.
(3) Budget Impact. None.
h. Interpretation
of NCAA Bylaw 12.5.1.1 and the Use of a Student-Athlete’s Name or Picture
on a Promotional Item.
(1) Recommendation. Approve the following interpretation:
Use of a
Student-Athlete’s Name or Picture on a Promotional Item. (III) The provisions of NCAA Bylaw 12.5.1.1
are applicable to institutional, educational, charitable and nonprofit
promotional presentations (e.g., compact-disk presentations) that include the
name or picture of student-athletes with remaining eligibility in the presentation. Such items are considered printed
materials and, thus, may include a sponsoring company's logo or trademark pursuant
to Bylaw 12.5.1.1-(c).
[References: Bylaw 12.5.1.1
(institutional, charitable, educational or nonprofit promotions) and
(2) Rationale. The committee reviewed a Division I official interpretation on this issue and agreed that the use of a student-athlete’s name or picture in media such as compact-disk presentations should be governed by the provisions of Bylaw 12.5.1.1.
(3) Budget Impact. None.
i. Interpretation
related to Counting Additional Competition on the Same Day as a Multi-Day
Event.
(1) Recommendation. Approve the following interpretation:
Counting Additional Competition on the Same Day as a Multi-Day Event. (III) When an institution participates in a multi-day event that may be counted as a single date of competition in the applicable sport, the institution may select either day (but not both days) as one institutional date of competition, regardless of the number of competitions in which the institution's student-athletes participate on that day. Further, if the institution participates in a separate event on the selected date, such participation will not result in an additional date of competition. However, participation in a separate event at a separate site on the date not selected will result in a second date of competition if the institution has the minimum number of student-athletes participating on that day. Below are several examples to illustrate the application of this interpretation:
Scenario No. 1
|
Saturday |
Sunday |
|
10 skiing student-athletes participate in Meet A |
10 skiing student-athletes participate in Meet A |
|
10 skiing student-athletes participate in Meet B |
|
The institution may count the first day of the two-day meet as one date of competition pursuant to Bylaw 17.18.5.1.1, regardless of the number of meets in which student-athletes participate. Therefore, the institution would use one date of competition for Scenario No. 1.
Scenario No. 2
|
Saturday |
Sunday |
|
10 skiing student-athletes participate in Meet A |
10 skiing student-athletes participate in Meet A |
|
|
10 skiing student-athletes participate in Meet B |
The institution may count the second day of the two-day meet (Meet A) as one date of competition pursuant to Bylaw 17.18.5.1.1, regardless of the number of meets in which student-athletes participate. Therefore, the institution would use one date of competition for Scenario No. 2.
Scenario No. 3
|
Saturday |
Sunday |
|
Three tennis student-athletes participate in Meet A |
Three tennis student-athletes participate in Meet A |
|
Three tennis student-athletes participate in Meet B |
Three tennis student-athletes participate in Meet B |
The institution may count the first or second day of the individual singles/doubles tournament as one date of competition pursuant to Bylaw 17.25.5.1.2, regardless of the number of tournaments in which student-athletes participate. Inasmuch as each tournament meets the exception in Bylaw 17.25.5.1.2, the institution would use one date of competition.
Scenario No. 4
|
Saturday |
Sunday |
|
Seven wrestling student-athletes participate in Meet A |
Seven wrestling student-athletes participate in Meet A |
|
Seven wrestling student-athletes participate in Meet B |
Seven wrestling student-athletes participate in Meet C |
The institution may count the first day of the two-day meet (Meet A) as one date of competition pursuant to Bylaw 17.29.5.1, regardless of the number of meets in which student-athletes participate. However, the institution also has seven student-athletes participating in a separate one-day meet Sunday. Therefore, the institution would use two dates of competition for Scenario No. 4.
[References: 2004 Convention Proposal No. 72; Bylaws 17.02.6 (Date of Competition, Countable, Institutional), 17.02.6.1 (required minimum number of student-athletes), 17.18.5.1 (maximum limitations-institutional) 17.18.5.1.1 (skiing meet), 17.25.5.1 (maximum limitations-institutional), 17.25.5.1.2 (individual singles or doubles tournament limitations-institutional) and 17.29.5.1 (maximum limitations-institutional)]
(2) Rationale. The committee reviewed a Division I
official interpretation on this issue and agreed with that application of
counting additional competition on the same day as a multi-day event.
(3) Budget Impact. None.
2. INFORMATIONAL
ITEMS.
a. Application of
2004 Convention Proposal No. 65 (as amended by Proposal No. 65-1). The committee
reviewed questions related to the application of Proposal No. 65 (as amended by
Proposal No. 65-1). The committee
noted that the effective date for the proposal is
b. Editorial
Revision – 2004 Convention Proposal No. 61 – Length of Playing Season. The committee
agreed to editorially revise 2004 Convention Proposal No. 61 by deleting Part
B. The committee reviewed Proposal
No. 61 and noted that Part B is unnecessary as it relates to current
legislation. The section would
create an exception to allow the named sports to have nontraditional segments
that exceed five weeks in length.
However, there is no legislation that limits those sports to five weeks
and, therefore, no need for an exception.
c. Editorial
Revision – 2004 Convention Proposal No. 70 – Coaching Activities
Outside the Playing Season. The committee agreed to add a cross
reference to new Bylaw 16.8.1.3.1 to each ‘Out-of-Season Athletically
Related Activities’ section in Bylaw 17 (e.g., Bylaw 17.14.6) as an
editorial revision. The committee
reviewed Proposal No. 70 and a staff suggestion for an editorial revision. The staff recommended that a cross
reference to new Bylaw 16.8.1.3.1 be added to each out-of-season athletically
related activities section in Bylaw 17 (e.g., Bylaw 17.14.6) to help clarify
that coaches and student-athletes can be involved in such limited athletically
related activities outside the institution’s declared playing season.
d. Editorial Revision – 2004 Convention Proposal No. 71 – Exception to First Contest Date - Basketball. The committee agreed to editorially revise Proposal No. 71 to clarify that the exhibition contest may be played on or after November 1 and prior to the first permissible contest date. The committee addressed a question related to Proposal No. 71 and whether or not the exhibition contest could be played November 1. The committee agreed that the exhibition contest could be played on or after November 1 and prior to the first permissible contest date.
e. Editorial Revision – Bylaws 14.1.1.1,
18.4.1.5 and 31.2.3 – Ineligibility for Use of Banned
Drugs. The staff recommended that Bylaws
14.1.1.1, 18.4.1.5 and 31.2.3 be editorially revised to clarify that the
ineligibility for use of banned drugs refers only to drug tests administered by
the NCAA. It was noted that the membership
services staff receives many questions related to this issue. The committee
agreed to editorially revise Bylaws 14.1.1.1, 18.4.1.5 and 31.2.3 to clarify
that the ineligibility for use of banned drugs refers only to drug tests
administered by the NCAA
f. Separate
Legislative Publications. The committee agreed with a staff plan
to produce separate Divisions II and III Initial Publication of Proposed
Legislation, Second Publication of Proposed Legislation and Official
Notices. It was noted that overall
production and mailing costs would not increase because of separate
publications and the overall process would be simplified in some ways.
g. Review of 2004-05
NCAA Division III Manual Production Timeline. The committee reviewed the
Division III Manual production timeline as presented by staff. The committee agreed to delegate its
review of the manual proof to the staff based on the timeline and the inclusion
of Management and Presidents Councils’ actions in the manual.
h. Staff Authority
to Make Editorial Revisions. The committee reviewed a suggestion to
authorize the NCAA staff liaisons to make editorial revisions to the manual as
needed and to report such revisions to the committee on a regular basis. It was noted that an editorial revision
is designed to clarify the legislation, is nonsubstantive in nature and does
not affect the application of the legislation. The committee agreed to grant authority to
the NCAA staff liaisons to make editorial revisions to the manual and report
such revisions to the Division III Interpretations and Legislation Committee on
a regular basis.
i. Review of
Recent Staff Interpretations. The committee reviewed and approved nine
staff interpretations applicable to Division III that were issued in 2003.