REPORT OF THE
NCAA
DIVISION III MANAGEMENT COUNCIL
ADMINISTRATIVE
REVIEW SUBCOMMITTEE
1. ACTION ITEM.
·
Bylaw
14.1.9 Graduate Student/Post Baccalaureate Participation.
(1)
Recommendation.
The subcommittee seeks the Management Council’s guidance as to whether
a legislative proposal would be appropriate allowing student-athletes the
opportunity to be able to transfer and be eligible as graduate students. The subcommittee has continued to
monitor these waiver requests, and as a result of discussions during its May 5
conference call and the charge to place the well-being of student-athletes at
the forefront of its analysis.
(2) History. At the October 2000 Division III
Administrative Review Subcommittee meetings, the subcommittee noted it
consistently denied requests to waive the graduate-student/post baccalaureate
participation rule from October 26, 1995, to September 27, 2000, with the
exception of one case involving a foreign exchange student-athlete who earned a
vordiplomme. At this same meeting,
the subcommittee noted that in general, the subcommittee denied cases involving
Bylaw 14.1.9, because granting them would create an unfair competitive
advantage since not many NCAA Division III institutions offered graduate
programs. In addition, the Division
III membership determined not to adopt legislation similar to Bylaw 14.1.9.1
(one-time transfer exception – graduate students) in NCAA Divisions I and
II in 1996 and also again when the NCAA Division III Student-Athlete Advisory
Committee forwarded the recommendation to the Division III Management Council
in April 1998. As a result of this
information, the subcommittee issued an October 2000 directive for the NCAA
staff to deny all requests involving the graduate transfer legislation. Since
Prior to the 1996 NCAA Convention, graduate student-athletes
were only permitted to compete at the institution from which they earned their
undergraduate degree. In order to
gain an understanding of the intent of Divisions I and II Bylaw 14.1.9.1
(one-time transfer exception - graduate students), the subcommittee reviewed the
minutes of the 1996 Convention proceedings. In general, the Divisions I and II
membership wanted to reward
student-athletes who excelled academically and permit them
to compete as graduate student-athletes at an institution other than the one
from which they received their undergraduate degree. With this in mind, the Divisions I and
II membership adopted a limited exception to permit graduate student-athletes
to transfer, provided they satisfy the provisions of the one-time transfer
exception.
(3) Rationale. Due to the amount of time that has
elapsed since the Division III membership has reviewed this issue, the
subcommittee requests that the Management Council discuss the potential of a
legislative change to allow those student-athletes who have obtained their
baccalaureate degree and wish to pursue a graduate degree at a second
institution be permitted to be eligible to use his or her remaining
eligibility. The subcommittee noted
that the legislative change would seem to be in the best interests of the
student-athlete as this issue addresses only those student-athletes who have
completed their baccalaureate degree.
The subcommittee also noted that the current transfer legislation
permits student-athletes who have not obtained their undergraduate degree to
transfer more freely than those student-athletes who have obtained their degree
and desire to continue their education.
It would seem to be fair to reward student-athletes who excelled
academically by permitting them to compete as graduate student-athletes at an
institution other than the one from which they received their undergraduate
degree. The subcommittee also noted
that the January 2004 legislative amendment which removed the option of
“red-shirting” [Bylaw 14.2.4.1 (minimum amount of participation)]
will limit the number of student-athletes who have obtained their undergraduate
degree and have remaining eligibility.
The subcommittee also requested that the staff determine whether there
was any available information regarding the limited availability of graduate
schools in the Division III membership.
While the NCAA research staff did not have this information, the staff
conducted a rough internet review of the 421 Division III active member institutions
which offer at least one graduate program and was able to ascertain that
approximately more than 50 percent of the Division III institutions do offer a
graduate program. Based on all of
the information presented, the subcommittee seeks guidance from the Management
Council as to how to proceed with a legislative proposal amending the current
Division III graduate student/post baccalaureate participation to permit
student-athletes who have obtained their undergraduate degrees and have
remaining eligibility, to be able to transfer to a second institution to attend
a graduate school and be immediately eligibility.
(4)
Budget Impact.
None.
2. INFORMATIONAL ITEMS.
a.
Summary of cases. During
its May 5 teleconference call, the subcommittee reviewed cases decided at the
NCAA membership services staff level as well as those cases appealed to the
subcommittee from
·
A total of 29 cases were reviewed.
·
The staff granted 14 cases.
·
The staff denied 14 cases. Of the 14 cases the staff denied, all
were based on case precedent, intent of the legislation, a lack of
documentation in support of the assertions and/or a directive. Six cases were appealed to the
subcommittee. The subcommittee
affirmed staff denials in four of the six cases and overturned two staff
denials.
b.
Future Administrative Review Subcommittee Waiver Submission. NCAA strategic plan objective
4.4 calls for increased use of technology to improve the efficiencies and
effectiveness of Association processes. In meeting this objective, the
NCAA staff is working to significantly enhance LSDBi to accommodate the various
compliance needs of member institutions. This effort will
conclude in about 24 months, and will include submission of an Administrative Review
Subcommittee waiver request as well as many other waiver requests (e.g., initial
eligibility). The goal of the initiative will be electronic submission
of all waiver cases via a secure Web site. This Web site will
allow for an institution to not only submit waivers electronically, but also
to track all of its waiver submissions or student-athlete reinstatement
requests within in an electronic folder designated for each institution.
Details and instructions regarding the use of this Web site by the membership
will be provided to each institution and the appropriate NCAA waiver staff
members will be available to assist with questions or concerns. The
staff anticipates some modules of this enhancement will be available for
membership use later this summer, including the Administrative Review
Subcommittee waiver application.
c.
October Meeting. The subcommittee will meet prior to the
Management Council’s October 2005 meeting and will report at the January
2006 Management Council meeting.