REPORT OF THE

NCAA DIVISION III INTERPRETATIONS AND LEGISLATION COMMITTEE

 

 

1.      ACTION ITEMS.

 

a.      Student-Athlete Well-Being Initiatives – 2006 NCAA Convention Legislation – NCAA Bylaw 16.12.1.5 – Awards and Benefits – Occasional Meals.

 

(1)     Recommendation.  Sponsor legislation for the 2006 NCAA Convention to amend NCAA Bylaw 16.12.1.5 (occasional meals) to permit institutional athletics representatives to provide an occasional meal to an institution's athletics team in a restaurant.

 

(2)     Rationale. This proposal provides the opportunity for student-athletes to receive an occasional meal from a representative of athletics interests in a restaurant, thereby providing additional opportunities for such meals to occur, and institutional discretion as to the location of the meals.

 

(3)     Budget Impact.  None.

 

b.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation.

 

(1)     Recommendation.  Adopt the following as noncontroversial legislation (see Attachment A for the complete recommendation, rationale and budget impact of each item):

 

(a)     Adopt noncontroversial legislation to remove Bylaw 12.02.5-(a) (student-athlete) so that individuals who never participate in athletics do not trigger student-athlete status at a particular institution.

 

(b)     Adopt noncontroversial legislation to permit a one-time draft exception for all sports.

 

(c)     Adopt noncontroversial legislation to permit an unlimited number of post-enrollment tryouts for student-athletes and to allow those student-athletes to receive actual and necessary expenses as long as the tryouts occur outside the student-athletes' playing and practice season and do not exceed 48 hours.

 

(d)     Adopt noncontroversial legislation to remove Bylaw 12.5.1.4.4 (commercial movies) as Bylaw 12.5.2 (media activities) would address usage of footage of a student-athlete's competition or individual performance.

 

(e)     Adopt noncontroversial legislation to amend Bylaw 12.5.1.6 (educational products related to sport skill instruction) to allow student-athletes to receive actual and necessary expenses for participating in activities involving educational products related to sport skill instruction, provided the student-athlete does not miss any class time.

 

(f)      Adopt noncontroversial legislation to amend Bylaws 13.02.9 (unofficial visit) and 13.6.3 (unofficial visit transportation) to allow prospective student-athletes to use transportation to institutional home athletics contests available to prospective student generally.

 

(g)     Adopt noncontroversial legislation to amend Bylaw 13.11.7 (announcement of acceptance) to permit institutions to release publicity via communication technologies (e.g., e-mail, list-serve, text-messaging) at the institution's discretion.

 

(h)     Adopt noncontroversial legislation to amend Bylaw 13.12.1.3 (competition in conjunction with a high-school, preparatory school or two-year college) to remove the 50-mile radius restriction.

 

(i)      Adopt noncontroversial legislation to amend Bylaw 13.12.2.3 (local sports clubs) to permit a local sports club team that employs an institution's coach to include prospective student-athletes who reside beyond a 50-miles radius of the institution's campus, if the club is the closest club team opportunity for the prospective student-athlete.

 

(j)      Adopt noncontroversial legislation to eliminate Bylaws 13.12.3.1 (developmental clinics) and 13.13.1.1.2 (football and basketball) so that developmental clinics operate under the same regulations as other camps and clinics, and so that, like all other sports, football and basketball camps and clinics may be conducted as any time.

 

(k)     Adopt noncontroversial legislation to amend Bylaw14.1.8.2.1.4 (graduate program) to require a graduate student-athlete's full-time enrollment status to be defined by the institution's definition of full-time enrollment for all graduate students.

 

(l)      Adopt noncontroversial legislation to amend Bylaw14.5.2-(a) (conditions affecting transfer status) to include a student-athlete's attendance of class


to trigger transfer status and to remove Bylaw 14.5.2-(h) so that a student shall not be considered a transfer for receipt of institutional financial aid while attending a summer term, summer school or summer orientation program.

 

(m)    Adopt noncontroversial legislation to remove Bylaw 14.6 (high-school all-star games, effects on eligibility) to allow prospective student-athletes in all sports to participate in all-star games prior to full-time enrollment at their discretion.

 

(n)     Adopt noncontroversial legislation to remove Bylaws 15.3.1.2 (institutional financial aid to professional athlete), 15.3.1.2.1 (exception for former professional athlete) and 15.3.1.2.1.1 (later professional involvement) to eliminate restrictions related to receipt of institutional financial aid if a student is professional in one sport and amateur in another sport.

 

(o)     Adopt noncontroversial legislation to amend all references to spouse and children and immediate family members in Bylaw 16 and reference these individuals as family members.  Each institution shall have discretion to define who is a student-athlete's family member when evaluating permissible benefits.

 

(p)     Adopt noncontroversial legislation to amend Bylaw 16.1.6.3 (recognition by president, governor or state legislative body) to include recognition of any individual student-athlete and allow a local government body and the foreign government equivalent to be included in permissible entities who may recognize a team or student-athlete(s).

 

(q)     Adopt noncontroversial legislation to permit a student-athlete to receive four complimentary admissions to their institution's contest or game in a different sport in which the student-athlete participates when the student-athlete is being recognized or honored at the institution's game or contest.

 

(r)     Adopt noncontroversial legislation to permit institutions to secure or reserve lodging for the family member of a student-athlete related to the student-athlete's postseason competition per Bylaw 16.6 (expenses for student-athlete's friends and relatives.)

 

(s)     Adopt noncontroversial legislation to amend Bylaw 16.12.1 (benefits, gifts services) to incorporate Division I Bylaws 16.12.1.11-(a) to permit use of a return ticket at any time after conclusion of a foreign tour as long as the student-athlete does not miss any class time; 16.12.1.11-(c) to permit participation in receptions and festivities associated with championships, conference tournaments or all-star events hosted by and conducted on the institution's campus; 16.12.1.11-(d) to permit occasional meals to team members provided by the parent of a student-athlete at any location; 16.12.1.11-(e) permit telephone calls in emergency situations as approved by the director of athletics; and 16.12.1.11-(f) permit reasonable tokens of support and transportation in the event of serious injury, serious illness or death of a family member and transportation to attend the funeral of any family member.

 

(t)      Adopt noncontroversial legislation to remove Bylaw 17.30.1 (practice and playing season) which would eliminate the ability for institutions in Alaska, Hawaii and Puerto Rico to not observe starting dates for playing and practice seasons.

 

(u)     Adopt noncontroversial legislation to amend Bylaw 17.32.2 (sanctioned outside - team tours) to permit student-athletes from the same institution to participate on an outside team foreign tour as long as the outside team is not solely comprised of that institution's student-athletes.  Further, to remove the institutional certification requirement for outside foreign-team tours.

 

(2)     Rationale.  The recommendations above each enhance the NCAA's student-athlete well-being initiative.

 

(3)     Budget Impact.  Varied.

 

c.      Bylaw 13 Task Force – 2006 Convention Legislation – Bylaw 13.7.5.7.3 –Recruiting – Meal Location.

 

(1)     Recommendation.  Sponsor legislation for the 2006 Convention to amend Bylaw 13.7.5.7.3 (meal location) to indicate that meals provided to the prospective student-athlete and the prospective student-athlete's parents, legal guardians and spouse on an official visit must occur on campus, but not necessarily in on-campus dining facilities (e.g., meals may be purchased from off-campus restaurants) and must be on a scale comparable to normal student life.

 

(2)     Rationale.  Institutions have experienced instances where paying the institutional dining facility rate is more expensive than ordering food from a restaurant.  With this proposal, these meals still must occur on campus, but the institution shall have the discretion to purchase the meal from an off-campus source as long as the meal is consumed on campus and the meal is on a scale comparable to normal student life.

 

(3)     Budget Impact.  None.

 

d.      Bylaw 13 Task Force – 2006 Convention Legislation – Bylaw 13.12.1.2 – Recruiting – Competition Against Prospective Student-Athletes.

 

(1)     Recommendation.  Sponsor legislation for the 2006 Convention to amend Bylaw 13.12.1.2 (competition against prospective student-athletes) to specify that subvarsity teams may not compete against high-school or preparatory-school teams.

 

(2)     Rationale.  Based on the philosophical premise of Division III tryout regulations, subvarsity and varsity teams should be bound by the same prohibition against competition against high-school or preparatory-school teams.  Scheduling challenges for a subvarsity team should not be a reason to allow competition against prospects. 

 

(3)     Budget Impact.  None.

 

f.       Bylaw 13 Task Force – Noncontroversial Legislation and Modification Based on Intent Legislation.

 

(1)     Recommendation.  Adopt the following as noncontroversial legislation or as modifications based on intent (see Attachment B for the complete recommendation, rationale and budget impact of each item):

 

(a)     Adopt noncontroversial legislation to amend Bylaw 13.02.3.1 (permissible recruitment activities for enrolled student-athletes) to remove the requirement that an enrolled student-athlete may receive a telephone call made at the expense of a prospective student-athlete only after July 1 after the completion of the prospective student-athlete's junior year in high school.

 

(b)     Adopt noncontroversial legislation to amend Bylaw 13.1.1.2.3 (student-athlete withdrawn from four-year college) so that an institution may contact a student-athlete who has officially withdrawn from a four-year college without obtaining permission from the first institution even if one academic year has not yet elapsed since the withdrawal.

 

(c)     Adopt a modification of wording to amend Bylaw 13.1.3 (telephone calls to prospective student-athletes) to clarify that there are no restrictions on the timing of phone calls made to prospects by institutional staff members, student-athletes or representatives of athletics interests.

 

(d)     Adopt noncontroversial legislation to remove Bylaw 13.2.5 (loans to prospects) so that it shall not be permissible for an institution to arrange an educational loan for a prospective student-athlete if that institution does not perform that service for prospective student-athletes generally.

 

(e)     Adopt a modification of wording to amend Bylaw 13.4.2.1 (recruiting advertisements) to indicate that restrictions on printed recruiting materials include such items as CD-ROMs, list-serves and videos.

 

(f)      Adopt noncontroversial legislation to amend Bylaw 13.4.2.1.2 (summer camp advertisements) to remove the restrictions related to the size, format and number of listings of summer camp advertisements that appear in recruiting publications.

 

(g)     Adopt noncontroversial legislation to remove Bylaw 13.5.5 (alumni and friends), which would eliminate the restriction that institutional staff or representatives of athletics interests may entertain alumni or other friends in the hometown of the prospective student-athlete only if the individuals being entertained are not friends of any prospective student-athletes being recruited by the institution.

 

(h)     Adopt noncontroversial legislation to remove Bylaws 13.6.2.3.1 (ticket discounts), 13.6.2.3.2 (institution's airplane) and 13.6.2.3.3 (noncommercial airplane), as air transportation for official visits in Division III shall be limited to coach or comparable class, and the provision of ticket discounts shall only be permissible to the extent that these benefits are provided to prospective students generally.

 

(i)      Adopt noncontroversial legislation to amend Bylaw 13.7.1.1 (one-visit limitation) to eliminate the opportunity for a representative of athletics interests to transport or pay the transportation costs of a prospective student-athlete to visit the campus one time.


(j)      Adopt noncontroversial legislation to remove Bylaw 13.7.1.4 (visit while competing in open event), which allows a host institution to pay the expenses of a recruited prospective student-athlete to participate in an open event.

 

(k)     Adopt noncontroversial legislation to remove Bylaw 13.7.5.6 (student support group assisting in recruiting) which would eliminate the prohibition on an institution's provision of a free meal or entertainment to a member of an institutional student support group that assists in the recruitment of a prospective student-athlete.

 

(l)      Adopt noncontroversial legislation to amend Bylaw 13.7.5.7 (meals on official visit) to remove the requirement that the permissible dessert or after-dinner snack must occur at the coach's residence.

 

(m)    Adopt a modification of wording to amend Bylaw 13.8.2.1.4 (reserving game tickets) to indicate that tickets may be purchased by a prospective student-athlete only in the same manner as available to prospective students generally.

 

(n)     Adopt noncontroversial legislation to amend Bylaw 13.9.1 (entertainment restrictions) to specify that entertainment of the high-school, college-preparatory school or two-year college coach could occur at the off-campus site of a home athletics event within a 30-mile radius of the institution.  Further, to amend Bylaw 13.9.1.1 (transportation reimbursement) to indicate that an institution shall not reimburse a high-school, preparatory-school or two-year college coach for transportation expenses of any kind and to amend Bylaw 13.9.1.3 (purchase of game tickets) to indicate that tickets may be reserved or purchased only in the same manner as any other member of the general public.

 

(o)     Adopt noncontroversial legislation to remove Bylaw 13.11.3-(b) to eliminate the prohibition on an institution permitting prospects or a high-school, college-preparatory school or two-year college coach to appear or be interviewed or otherwise be involved on a program in which the institution's coach is participating.

 

(2)     Rationale.  The recommendations above each simplify existing legislation or better reflect current Division III recruiting practices.

 


(3)     Budget Impact.  Varied.

 

g.      Interpretation of Institution's Coaching Staff Videotaping Prospective Student-Athletes

 

(1)         Recommendation.  Approve the following interpretation:

 

Institution's Coaching Staff Videotaping Prospective Student-Athletes (III).  An institution's coaching staff member may videotape a prospective student-athlete's regular practice sessions and regular game competition (e.g., high-school or club-team competition), provided the coaching staff member does not arrange or direct the prospective student-athlete's activities.  It is not permissible to videotape summer camp competition because it is not considered regular game competition.  [References:  Bylaws 13.1.1.1 (high-school student-athlete prospects), 13.12.1 (prohibited activities) and 13.15.3.1 (video services); and a December 8, 2004, staff interpretation, Item No. 1c, which has been archived]

 

(2)     Rationale.  The committee reviewed all staff interpretations issued since its last in-person meeting and determined this issue is of national significance and should be an official interpretation.

 

(3)     Budget Impact.  None.

 

h.      Interpretation of Participation of an Incoming Student-Athlete in Practice Sessions Prior to an Institution's Foreign Tour.

 

(1)     Recommendation.  Approve the following interpretation and its incorporation into the NCAA Division III Manual:

 

Participation of an Incoming Student-Athlete in Practice Sessions Prior to an Institution's Foreign Tour (III).  An incoming student-athlete (freshman or transfer) may participate in practice sessions conducted in preparation for a foreign tour only if such practice sessions occur either: (1) on or after the first permissible practice date in the involved sport (pursuant to playing and practice season regulations); or (2) on or after the first day of classes of the student-athlete's first regular term at the institution.  [References:  Bylaws 12.02.5 (student-athlete), 13.02.5 (prospective student-athlete), 30.7.2 (eligibility of student-athletes), 30.7.2.1 (incoming-student participation) and 30.7.6 (practice limitation); and a July 28, 2004, staff interpretation, Item No. 1b, which has been archived]

 


(2)     Rationale.  The committee reviewed all staff interpretations issued since its last in-person meeting and determined this issue is of national significance and should be an official interpretation and incorporated into the Division III Manual.

 

(3)     Budget Impact.  None.

 

i.       Interpretation of Coaching Staff Member's Involvement with a Local Sports Club that Includes Prospects Who Reside Outside a 50-mile Radius of the Institution.

 

(1)     Recommendation.  Approve the following interpretation and its incorporation into the Division III Manual:

 

Coaching Staff Member's Involvement with a Local Sports Club that Includes Prospects Who Reside Outside a 50-mile Radius of the Institution (III).  An institution's coaching staff member may not be involved in any capacity (e.g., coach, participant, administrator) with a sports club in which the coach will be involved with prospective student-athletes participating in any sport who live outside of a 50-mile radius of the institution's campus.  For example, a coaching staff member may not serve as an executive director of a club if it includes prospective student-athletes on any of its teams who reside outside of a 50-mile radius of the institution's campus.  If a coaching staff member serves as an administrator of a single team in a club that involves multiple teams or sports, the 50-mile radius is applicable only to the team with which the institution's coach is involved.  [References: Bylaws 13.12.1 (prohibited activities) and 13.12.2.3 (local sports clubs); and a July 7, 2004, staff interpretation, Item No. 1a, which has been archived]

 

(2)     Rationale.  The committee reviewed all staff interpretations issued since its last in-person meeting and determined this issue is of national significance and should be an official interpretation and incorporated into the Division III Manual.

 

(3)     Budget Impact.  None.

 


j.       Interpretation of Use of Institutionally Reserved Facilities Outside the Playing and Practice Season.

 

(1)     Recommendation.  Approve the following interpretation:

 

Use of Institutionally Reserved Facilities Outside the Playing and Practice Season (III).  The committee determined that it is not permissible for an institution to reserve a facility for the exclusive use by student-athletes outside of the institution's declared playing and practice season.  An institution may reserve a facility (on or off campus) for use by students generally.  [References:  Bylaws 17.02.1 (athletically related activities) and 17.1.1.1 (playing season - athletically related activities); an 8/25/94 official interpretation, Item No. 3; and a 10/13/93 staff interpretation, item a, which has been archived]

 

(2)     Rationale.  The committee reviewed a previous staff interpretation that permitted an institution to reserve facilities outside the playing and practice season for the exclusive use of student-athletes.  The committee determined that the previous staff interpretation was contrary to the Division III philosophy of treating student-athletes in a similar manner to the general student body, and recommended this official interpretation.

 

(3)     Budget Impact.  Could save facility reservation fees.

 

k.      Modification Based on Intent – Foreign Tours.

 

(1)     Recommendation.  Modify Bylaw 30.7.6 to specify that it is permissible for the 10 permissible days of practice to be conducted within the 20 calendar days immediately preceding a foreign tour only when extenuating circumstances exist that affect the institution's ability to conduct 10 days of practice (e.g., final exams, convocation, summer class schedules, summer employment, etc.).  Further, to specify that only those student-athletes who will accompany the  team on the foreign tour are permitted to participate in the 10 practice days in preparation for the foreign tour.

 

(2)     Rationale.  On recommendation from the Management Council, the committee reviewed the impact of the previous interpretation on foreign tours that occur in the middle of the summer.  To protect against abuses, the institution shall only use the 20 day practice window when extenuating circumstances prevent the institution from conducting those practices in the 10 days immediately prior to departure for the foreign tour.  Further, as the foreign tour is a playing and practice season exception designed to provide a unique cultural experience for student-athletes and is not simply a mechanism to extend the playing and practice season, only those students who will be attending the foreign tour shall participate in the practice days.

 

(3)     Budget Impact.  Minimal.

 

l.       Normal Interpretations and Legislation Committee Review.

 

(1)     Recommendation.  Adopt the following as noncontroversial legislation or as modifications based on intent (see Attachment C for the complete recommendation, rationale and budget impact of each item):

 

(a)     Adopt noncontroversial legislation to permit prospective student-athletes to attend the NCAA First-Team Mentoring Program and receive actual and necessary expenses to attend the First-Team Mentoring Program's annual educational conference and training seminar.

 

(b)     Adopt noncontroversial legislation to permit an institution to provide a donation to a charity on behalf of the prospective student-athlete or provide other reasonable tokens of support (e.g., flowers) when a prospective student-athlete's family member dies or suffers a life-threatening injury or illness, provided the prospective student-athlete has signed a written offer of admission and/or written financial aid agreement.

 

(c)     Adopt noncontroversial legislation to remove the 30-mile radius restriction affecting the viewing of off-campus practice and competition sites during unofficial visits. 

 

(d)     Adopt noncontroversial legislation to amend Bylaws 14.2.4.6 (foreign-tour competition) and 14.2.5.2.6 (foreign-tour competition) so that a student-athlete who participates in a foreign tour is not charged a season of participation when he or she only participates in a foreign tour in the corresponding academic year.

 

(e)     Adopt a modification of wording of 2005 Convention Proposal No. 9 (as amended by 2004 Convention Proposal No. 57-1) to amend the specified exceptions to the transfer residence requirement in Bylaws 14.5.1.1 (exceptions), 14.5.4.1 (to Division III institutions) and 14.5.5.1.1 (exception) to exclude any student-athlete who received a medical hardship or season-of-competition waiver from using this transfer exception.


(f)      Adopt noncontroversial legislation to permit any institution to initiate a request for a waiver of the residence requirement related to a student-athlete's health and specify that the request must be supported by contemporaneous medical documentation. 

 

(g)     Adopt noncontroversial legislation to specify the membership composition of sports committees with only Division III championships administration responsibilities in the format of a chart.

 

(2)     Rationale.  The recommendations above were made as a result of the committee's normal review of recently adopted Divisions I and II legislation and other issues raised by Division III institutions and committees.

 

(3)     Budget Impact.  Varied.

 

 

2.      INFORMATIONAL ITEMS.

 

a.      Incorporation of Division III Official Interpretations.  The committee incorporated the following official interpretations into the Division III Manual:

 

(1)     03/25/92, official interpretation, Item No. 2: Beginning of Five-Year/10-Semester Period of Eligibility;

 

(2)     09/15/04, official interpretation, Item No. 2: Application of the Independents Championship Exemption;

 

(3)     10/20/04, official interpretation, Item No. 1: 2005 Convention Proposal No. 5 - Permissible Skill Instruction Activities;

 

(4)     10/20/04, official interpretation, Item No. 3; Olympic and National Team Developmental Program Exception; and

 

(5)     11/17/04, official interpretation, Item No. 3; 2005 Convention Proposal No. 7 - Determining the Number of Scheduled Contests for Hardship and Season of Competition Waivers.

 


b.      Editorial Revision – 2004 Convention Proposal No. 61 – Length of Playing Season.  Refer to the NCAA Division III Management Council Playing and Practice Season Subcommittee eliminating the celebrity sports activity from the annual exemptions.  [Reference:  Bylaw 17.5.5.3 (annual exemptions)]

 

 

Committee Chair:  Sandra L. Slabik, Neumann College

Staff Liaisons:  Matt Banker, Membership Services

                        Leah Nilsson, Membership Services

 


Student-Athlete Well-Being Initiatives Noncontroversial Proposals

 

 

a.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 12.02.5 – Amateurism – Definition of Student-Athlete.

 

(1)     Recommendation.  Adopt noncontroversial legislation to remove Bylaw 12.02.5-(a) (student-athlete) so that individuals who never participate in athletics do not trigger student-athlete status at a particular institution.

 

(2)     Rationale.  An individual should not be considered a student-athlete of the institution if the individual has never participated in an intercollegiate squad practice or contest under the jurisdiction of the intercollegiate athletics department.  This change will eliminate the situation where an individual is deemed to be a student-athlete just because the individual's enrollment was enlisted by a member of the athletics staff or other representative of athletics interests with a view towards the student-athlete's ultimate participation in athletics and the student-athlete attends a class while enrolled full time.

 

(3)     Budget Impact.  None.

 

b.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 12.2.4.2 – Amateurism – One-Time Draft Exception for all Sports.

 

(1)     Recommendation.  Adopt noncontroversial legislation to permit a one-time draft exception for all sports.

 

(2)     Rationale.  This opportunity is currently available in football and basketball, and should be expanded to all sports as professional opportunities continue to grow. This proposal is consistent with the Division III philosophy to treat all sports in an equitable manner.

 

(3)     Budget Impact.  None.

 

c.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 12.2.1.1 – Amateurism – Tryouts After Enrollment.

 

(1)     Recommendation.  Adopt noncontroversial legislation to permit an unlimited number of post-enrollment tryouts for student-athletes and to allow those student-athletes to receive actual and necessary expenses as long as the tryouts occur outside the student-athletes' playing and practice season and do not exceed 48 hours.

 

(2)     Rationale.  This proposal expands the professional tryout opportunities available to student-athletes so that a student-athlete may have the benefit of the tryout during a larger portion of the academic year and may receive actual and necessary expenses for the tryouts.  This proposal brings greater consistency to permissible tryout expenses regardless of whether the tryout occurs before or after the individual's initial full-time collegiate enrollment.

 

(3)     Budget Impact.  None.

 

d.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 12.5.1.4.4 – Amateurism – Commercial Movies.

 

(1)     Recommendation.  Adopt noncontroversial legislation to remove Bylaw 12.5.1.4.4 (commercial movies) as Bylaw 12.5.2 (media activities) would address usage of footage of a student-athlete's competition or individual performance.

 

(2)     Rationale.  Current legislation relating to media activities permits student-athlete participation in activities such as radio and television programs, writing projects and commercial films.  Further, in that media legislation, specific criteria must be complied with for a student-athlete to participate.  These criteria include a prohibition on compensation and commercial endorsements.  Footage of an institution's intercollegiate game or event or the individual performance of a student-athlete in a commercial film is not intrusive on a student-athlete since the game footage has already been filmed.  Finally, removing this legislation will increase consistency of regulations and will eliminate the need for unnecessary reinstatement requests when footage of a student-athlete in a commercial film is used without the knowledge of the institution or student-athlete.

 

(3)     Budget Impact.  None.

 

e.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 12.5.1.6 – Amateurism – Educational Products Related to Sports Skill Instruction.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaw 12.5.1.6 (educational products related to sport skill instruction) to allow student-athletes to receive actual and necessary expenses for participating in activities involving educational products related to sport skill instruction, provided the student-athlete does not miss any class time.

 

(2)     Rationale.  Student-athletes are allowed to appear in educational products related to sports skill instruction but may not receive expenses for this participation.  Because the student-athlete's appearance is already permissible, receipt of expenses for that appearance makes it easier for the student-athlete to be included in such activities where they can demonstrate their athletics expertise for the benefit of others. This experience is enjoyable and meaningful for the student-athlete.

 

(3)     Budget Impact.  None.

 

f.       Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 13.02.9 and 13.6.3 – Recruiting – Unofficial Visit – Transportation to Home Athletics Contest.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaws 13.02.9 (unofficial visit) and 13.6.3 (unofficial visit transportation) to allow prospective student-athletes to use transportation to institutional home athletics contests available to prospective student generally.

 

(2)     Rationale.  This proposal would allow the prospective student-athlete to benefit from use of the same transportation system available to other prospective students visiting the campus. Such transportation is not normally elaborate and would add to the unofficial visit experience.

 

(3)     Budget Impact.  None.

 

g.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 13.11.7 – Recruiting – Announcement of Acceptance.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaw 13.11.7 (announcement of acceptance) to permit institutions to release publicity via communication technologies (e.g., e-mail, list-serve, text-messaging) at the institution's discretion.

 

(2)     Rationale.  This proposal would eliminate unnecessary legislation, permit institutions to increase use of technology to release information and minimize unnecessary administrative scrutiny.

 

(3)     Budget Impact.  None.

 

h.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 13.12.1.3 – Recruiting – Competition in Conjunction with a High-School, Preparatory School or Two-Year College.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaw 13.12.1.3 (competition in conjunction with a high-school, preparatory school or two-year coach) to remove the 50-mile radius restriction.

 

(2)     Rationale.  The 50-mile radius is not a necessary restriction.  Conducting these high-school, preparatory-school or two-year college events in conjunction with college events helps draw spectators for all teams involved.

 

(3)     Budget Impact.  None.

 

i.       Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 13.12.2.3 – Recruiting – Local Sports Clubs.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaw 13.12.2.3 (local sports clubs) to permit a local sports club team that employs an institution's coach to include prospective student-athletes who reside beyond a 50-miles radius of the institution's campus, if the club is the closest club team opportunity for the prospective student-athlete.

 

(2)     Rationale.  Prospective student-athletes in rural areas may not have access to a local sports clubs within a 50-mile radius of their homes.  These individuals should have access to the closest sports club opportunity, even if that is beyond a 50-mile radius from their home. 

 

(3)     Budget Impact.  None.

 

j.       Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaws 13.12.3.1 and 13.13.1.1.2 – Recruiting – Developmental Clinics and Football and Basketball Restrictions.

 

(1)     Recommendation.  Adopt noncontroversial legislation to eliminate Bylaws 13.12.3.1 (developmental clinic) and 13.13.1.1.2 (football and basketball) so that developmental clinics operate under the same regulations as other camps and clinics, and so that, like all other sports, football and basketball camps and clinics may be conducted at any time.

 

(2)     Rationale.  Regulations relating to developmental and other camps and clinics can be simplified by using a single set of bylaws.  Since Division III has no recruiting calendars, the timing restrictions related to football and basketball camps and clinics (originally related to recruiting calendars) should be eliminated.  As such, the other differences between developmental and other camps and clinics are too insignificant to warrant two different sets of regulations.

 

(3)     Budget Impact.  None.

 

k.      Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 14.1.8.2.1.4 – Eligibility – Graduate Program – Eight-Hour Requirement.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaw 14.1.8.2.1.4 (graduate program) to require a graduate student-athlete's full-time enrollment status to be defined by the institution's definition of full-time enrollment for all graduate students.

 

(2)     Rationale.  A student-athlete who is pursuing a graduate degree and who is still eligible for competition should only have to be enrolled in a number of hours that is considered full time for any graduate student at the institution.  Graduate programs tend to be more rigorous than undergraduate programs and the balance of coursework hours and athletics commitments should be determined by institutional policy.

 

(3)     Budget Impact.  None.

 

l.       Student-Athlete Well-Being Initiatives – Noncontroversial Legislation – Bylaw 14.5.2 – Eligibility – Conditions Affecting Transfer Status.

 

(1)     Recommendation.  Adopt noncontroversial legislation to amend Bylaw14.5.2-(a) (conditions affecting transfer status) to include a student-athlete's attendance of class to trigger transfer status and to remove Bylaw 14.5.2-(h) so that a student shall not be considered a transfer for receipt of institutional financial aid while attending a summer term, summer school or summer orientation program.

 

(2)     Rationale.  A student-athlete's transfer status should be tied to attendance during the regular academic year as a full-time student and not tied to receipt of institutional aid during the summer.  A student-athlete's physical presence on campus should not trigger transfer status if the student-athlete does not actually attend a class.  The conditions triggering transfer status should be consistent with the conditions that start the five-year/10-semester clock.

 

(3)     Budget Impact.  None.