REPORT OF THE
NCAA
DIVISION III INTERPRETATIONS AND LEGISLATION COMMITTEE
1. ACTION
ITEMS.
a. Interpretation
– NCAA Bylaw 13.1.1.2 – Contactable Prospects --
(1) Recommendation. Approve the following interpretation.
Transfer
without Permission to Contact - Timing of Contact with Athletics Staff.
(III) If a student-athlete
transfers to a NCAA Division III institution and permission to contact the
student-athlete is not granted [either by the previous institution or by self-release
(Division III student-athletes only)], contact with athletics staff members may
only occur when the student-athlete enrolls as a full-time student and attends
classes in any term of the institution's regular academic year, or when he or
she reports for regular squad practice. [References: NCAA Bylaws 13.02.5 (prospective
student-athlete), 13.02.3 (student-athlete) and 13.1.1.2 (four-year college
prospects)]
(2) Rationale. The committee reviewed questions related
to the timing of contact with a student-athlete by members of an
institution’s athletics department when permission has not been granted
by the student-athlete’s previous institution for other institutions to
have contact. The committee
believes that this interpretation will clarify the application of the
legislation related to such contact.
(3) Budget
Impact. None.
b. Interpretation
– NCAA Bylaw 17.__.8.1.2 – Olympic and National Team Developmental
Program Exception.
(1)
Recommendation. Approve
the following interpretation.
Olympic
and National Team Developmental Program Exception. (III) In order for student-athletes and
coaches from the same institution to participate in an Olympic or national team
developmental program outside of the institution's playing and practice season,
the program must be conducted and administered by the national governing body
for the applicable sport. The
national governing body shall be responsible for selecting the coaches who will
be involved in coaching activities for the program. Further, the national governing body or
the selected coaches shall select the participants of the program. [References: NCAA Bylaw 17.__.8.1.2 (Olympic and
national team development program)
(2)
Rationale.
The committee reviewed information that indicates many institutions may
not understand the application of the Olympic and national team developmental
program exception. This exception
was intended to apply only to those programs that are initiated and
administered by the national governing body of the particular sport. However, information received by the
committee indicates that institutions may believe that membership by any club
team in the national governing body organization equates to such a club being
part of an Olympic or national team developmental program. This interpretation is necessary to
clarify that the exception applies only to very specific programs designed to
develop elite athletes for the Olympic and national teams.
(3)
Budget Impact.
None.
c. Interpretation
– 2005 NCAA Convention Proposal No. 5 - Playing and Practice Seasons --
Out-of-Season Athletically Related Activities -- Football.
(1) Recommendation. Approve the following interpretation.
2005 Convention Proposal
No. 5 - Permissible Skill Instruction Activities. (III) The committee reviewed 2005 NCAA
Convention Proposal No. 5 and determined that permissible skill instruction
activities may include offensive and defensive alignments related to passing,
catching and kicking related drills; however, no contact may occur in the
conduct of the skill instruction activities. [References: 2005 NCAA Convention Proposal No. 5
(playing and practice seasons -- out-of-season athletically
related activities --
football) and Bylaw 17.11.6 (out-of-season athletically related activities)]
(2) Rationale. The committee reviewed questions related
to Proposal No. 5 and the types of activities that would be permissible if it
were adopted. This interpretation
should clarify the application.
(3) Budget
Impact. None.
d. Interpretation
– 2005 NCAA Convention Proposal No. 7 -- Eligibility -- Hardship Waiver
and Season of Competition Waivers -- Completed or Scheduled Contests.
(1) Recommendation. Approve the following interpretation.
2005 Convention Proposal
No. 7 - Determining the Number of Scheduled Contests for Hardship and Season of
Competition Waivers.
(III) The committee reviewed
2005 Convention Proposal No. 7 and determined that the number of scheduled
contests used in determining eligibility for the hardship and season of
competition waivers must be based on the institution's schedule as set prior to
the first scheduled contest or date of competition of the traditional segment
of the playing season and cannot exceed the maximum limitations in the sport as
set forth in Bylaw 17.
[References: 2005 NCAA Convention
Proposal No. 7 (eligibility -- hardship waiver and season of competition
waivers -- completed or scheduled contests); NCAA Bylaws 14.2.5 (hardship
waiver), 14.2.6 (season-of-participation waiver -- participation while
ineligible) and 14.2.7 (season-of-participation waiver -- participation while
eligible); and an
(2) Rationale. This interpretation clarifies that it
would not be permissible for an institution to change the number of scheduled
contests once the season begins or to schedule contests beyond the maximum
limitations in order to manipulate the result of a hardship or season of
competition waiver.
(3) Budget
Impact. None.
e. Modification Based on Intent – 2005
NCAA Convention Proposal No. 2 -- Playing and Practice Seasons –
Postseason Championships Participation – National Collegiate Gymnastics
Association National Championship.
(1) Recommendation. Sponsor a modification of wording based
on intent of 2005 NCAA Convention Proposal No. 2 -- Playing and Practice
Seasons – Postseason Championships Participation – National
Collegiate Gymnastics Association National Championship to specify that in
women's gymnastics, practice for and competition in the NCGA Championship are
exempt from the institution's declared playing season.
(2) Rationale. The committee reviewed Proposal No. 2
and noted that, as drafted, it does not reflect its full intent. The original intent of the proposal was
to provide an analogous event to the NCAA Gymnastics Championship for Division
III women's gymnastics student-athletes.
Just as practice for NCAA championships are excluded from the declared
playing season, so should practice for the NCGA National Championship be excluded
from the declared playing season.
Further, the intent statement and legislative text of this proposal
should clarify that the NCGA event is open only to women, as this point is not
expressly made in the proposal.
(3) Budget
Impact. None.
f. Modification
Based on Intent – 2005 NCAA Convention Proposal No. 9 -- Eligibility --
Transfer Regulations -- Limited Preseason Participation.
(1) Recommendation. Sponsor a modification of wording based
on intent of 2005 NCAA Convention Proposal No. 9 -- Eligibility -- Transfer
Regulations -- Limited Preseason Participation to specify that if a
student-athlete has not used a season of participation pursuant to Bylaw
14.2.4.1, he or she qualifies for an exception to the transfer residence
requirement..
(2) Rationale. The committee reviewed Proposal No. 9
and noted that, as drafted, it does not reflect its full intent. As is noted in the rationale of Proposal
No. 9 and more clearly in the committee’s original recommendation, the
committee believes that if a student-athlete does not use a season of participation
under the application of Bylaw 14.2.4.1, he or she should qualify for an
exception to the transfer residency requirement.
This
modification and adoption of the proposal will result in a consistent standard
for the evaluation of eligibility under the seasons of participation and
transfer regulations. In cases in
which a Division III student-athlete transfers without having previously used a
season of participation, it will be easy for institutions to verify his or her
eligibility based on one piece of information provided by the previous
institution. If the student-athlete
did not use a season of participation, it will not be necessary for the
previous institution to determine whether he or she would have been eligible
had he or she remained at that institution.
(3) Budget
Impact. None.
g. Noncontroversial
Legislation – NCAA Bylaw 30.14 – Summer Baseball.
(1) Recommendation. That the Management Council sponsor
non-controversial legislation to eliminate the legislation related to summer
baseball certification program as contained in NCAA Bylaw 30.14.
(2)
Rationale.
The committee reviewed a recommendation from the staff to sponsor
noncontroversial legislation to eliminate the bylaws related to the summer
baseball certification program. The
committee noted that the program is no longer necessary based on the adoption
of 2003 Convention Proposal No. 44 -- Amateurism -- Professional Team --
Definition, which changed the definition of a professional team. Previously, any team that was directly
supported or sponsored by a professional team or professional sports
organization was considered to be a professional team. Under that definition, the baseball
certification program allowed certain leagues to receive funding from the NCAA
through Major League Baseball without the teams in those leagues being
considered professional teams. The
current definition allows Major League Baseball to provide funding to amateur
leagues and teams directly without making those leagues or teams be considered
professional.
(3) Budget
Impact. None