REPORT OF THE
NCAA DIVISION III
INTERPRETATIONS AND
LEGISLATION
COMMITTEE
1. ACTION
ITEMS.
a. Interpretation
of Noncoaching Athletics Department
Staff Member with Sport-Specific Responsibilities Participating in Voluntary Athletics
Activities with Student-Athletes.
(1) Recommendation. Approve the following interpretation:
Noncoaching
Athletics Department Staff Member with Sport-Specific Responsibilities
Participating in Voluntary Athletics Activities with Student-Athletes
(III). The committee determined
that a noncoaching staff member (e.g., administrative assistant, director of
operations) with sport-specific responsibilities may not participate with or
observe student-athletes in the staff member’s sport who are engaged in
nonorganized voluntary athletically related activities (e.g., pick-up
games). [References: NCAA Bylaws
17.02.1 (countable athletically related activities) and 17.02.13 (voluntary
athletically related activities)]
(2) Rationale. Based on the Division III playing and
practice season philosophy that protects the out-of-season time of
student-athletes from athletics interferences, noncoaching staff members should
be held to the same playing and practice season limitations as coaching staff
members.
(3) Budget Impact. None.
b. Interpretation
of Transportation to Enroll.
(1) Recommendation. Approve the following interpretation:
Transportation
to Enroll (III). The committee
determined that an institution may provide transportation from the nearest bus
or train station or major airport to the campus on the occasion of a
prospective student-athlete’s initial arrival at the institution to
attend classes, including the prospective student-athlete’s initial
arrival to attend classes in a summer term or the prospective
student-athlete’s initial arrival at the institution to participate in
preseason practice activities when the prospective student-athlete will be
remaining in the locale of the institution to begin classes. [Reference: Bylaw 13.5.4 (transportation to enroll)
and official interpretation (reference:
(2) Rationale. The committee noted that because the
institution is permitted to pay for this transportation only one time, there is
no advantage gained or additional cost incurred when transportation is provided
to attend summer classes, as specified.
(3) Budget
Impact. Institutionally
based.
c. Interpretation
of Coach and Student-Athlete
Involvement in Private Lesson Instruction.
(1) Recommendation. Approve the following interpretation:
Coach and Student-Athlete Involvement in Private Lesson Instruction. The committee determined that a student-athlete providing private lesson instruction jointly with an institutional athletics staff member is an athletically related activity; therefore, a student-athlete and athletics staff member may not jointly conduct private lessons regardless of how the lesson(s) are coordinated and scheduled unless the private lesson occurs during the declared playing season. [Reference: Bylaws 13.11.3.7 (private lessons), 17.02.1 (athletically related activities), 17.1.1.1 (playing season – athletically related activities) and 2006 NCAA Convention Proposal No. 2]
(2) Rationale. Private lesson instruction between an
institutional coach and prospective student-athlete should not be used to join
enrolled student-athletes and institutional coaches for out-of-season
athletically related activities. As
such, joint private lesson instruction (where an institutional coach and
enrolled student-athlete teach the lesson together) should be treated as an
athletically related activity and would not be permissible outside the declared
playing season.
(3) Budget Impact. None.
d. Interpretation
of Staff Member Involvement with Local Sports Club.
(1) Recommendation. Approve the following interpretation:
Staff Member Involvement with Local Sports Club. The committee determined that a member institution’s coaching staff member may be involved with a local sports club located in the institution’s home community that includes prospects participating in a sport other than the coach’s sport, provided those prospects live within a 50-mile radius of the member institution’s campus. For example, an institution’s men’s soccer coach is permitted to coach a local sports club
team in
men’s golf or women’s soccer, provided all prospects participating
on the team reside within 50 miles of the institution. [Reference: Bylaw 13.12.2.3 (local sports clubs)]
(2) Rationale. Based on the tryout rule prohibiting the conduct by a member institution of any physical activity at which one or more prospective student-athletes reveal, demonstrate or display their athletics ability in any sport, the 50-mile radius restriction for local sports clubs should also be applied to sports other than the coach’s sport.
(3) Budget
Impact. None.
e. Interpretation
of Athletics Eligibility and
Suspension by Athletics Department.
(1) Recommendation. Approve the following interpretation:
Athletics Eligibility and Suspension by Athletics Department (III). The committee determined that if a student-athlete is declared athletically ineligible by the athletics department (e.g., coach or athletics director suspension) that the student-athlete is considered athletically ineligible in any sport at the institution for transfer and eligibility purposes (e.g., qualifying for transfer exception) only if the athletics department decision on the student-athlete’s athletics eligibility is considered an institutional decision as rendered by the authority that oversees athletics. [References: Bylaws 14.5.1 (residence requirement - general principle), 14.5.1.1 (exception) and 14.5.1.4 (disciplinary suspension)]
(2) Rationale. To ensure consistency in treatment of
student-athletes on different sports teams and to verify legitimacy of the
suspension as it may impact eligibility regulations, the committee noted that a
coach’s suspension should only impact a student-athlete’s athletics
eligibility per Bylaw 14 if it’s considered an institutional
suspension.
(3) Budget Impact. None.
f. Interpretation
of Coach Involved in Privately Owned
Camp/Clinic.
(1) Recommendation. Approve the following interpretation and
incorporate into the NCAA Division III Manual:
Coach Involved in Privately Owned Camp/Clinic (III). The committee determined that athletics department personnel may not serve in any capacity (e.g., guest lecturer, consultant) in a privately owned camp, clinic or coaching
school that is
not open to the general public (e.g., invitation only) or that gives free or
reduced admission privileges to a high school, preparatory school or two-year
college athletics award winner.
[Reference: Bylaw 13.12.4
(privately owned camp) and staff interpretation (reference:
(2) Rationale. The committee reviewed a previous staff
interpretation that prohibited athletics department personnel from serving in
any capacity in a privately owned camp or clinic not open to the general
public. Based on the Division III
tryout prohibition and the national significance of this issue, this interpretation
should be made official and incorporated into the Division III Manual.
(3) Budget
Impact. None.
g. Interpretation
of Participation in Junior Levels of Pan American, World Championship and World
Cup Tryouts and Competition as an Exception to Outside Competition.
(1) Recommendation. Approve the following interpretation and
incorporate into the Division III Manual:
Participation
in Junior Levels of Pan American, World Championship and World Cup Tryouts and
Competition as an Exception to Outside Competition (III). The committee determined that a
student-athlete’s participation in junior levels of Pan American, World
Championship and World Cup tryouts and competition qualifies as an exception to
the outside competition rule in all sports. [References: Bylaws 14.7 (outside competition,
effects on eligibility), 14.7.1 (outside competition) and 14.7.3 (exceptions to
outside-competition regulations)]
(2) Rationale. Outside competition regulations already
provide exceptions for elite level international completion but do not
specifically create an exception for the junior levels of the elite
international events. These are
significant events in which Division III student-athletes should be permitted
to participate as exceptions to the outside competition regulations.
(3) Budget Impact. None.
h. Interpretation
of Eligibility for a Waiver of the
Full-Time Enrollment Requirement for Participants in Junior Levels of the Pan
American Games, World Championships and World Cup Competition.
(1) Recommendation. Approve the following interpretation and
incorporate it into the Division III Manual:
Eligibility
for a Waiver of the Full-Time Enrollment Requirement for Participants in Junior
Levels of the Pan American Games, World Championships and World Cup Competition
(III). The committee determined
that a student-athlete’s participation in junior levels of the Pan
American games, World Championships and World Cup competition would permit an
institution to seek a waiver of the minimum full-time enrollment requirement for
practice and competition.
[References: Bylaws
14.1.8.2.2.1 (waivers) and 14.1.8.2.2.1.2 (Olympic, Pan American, World
Championships, World Cup, World University Games or World Youth Championships)]
(2) Rationale. Full-time enrollment regulations already
provide exceptions for elite level international competition but do not
specifically create an exception for the junior levels of the elite
international events. These are
significant events in which Division III student-athletes should be permitted
to participate as exceptions to the outside competition regulations.
(3) Budget
Impact. None.
i. Interpretation
of Institutional Camp or Clinic Comprised Solely of Competition Activities.
(1) Recommendation. Archive the following interpretation and
adopt a modification of wording to Bylaw 13.12.1.1.1 (purposes of camps or
clinics) to reflect a requirement that a camp or clinic must include
instruction or practice programming and may also include, but not be solely
comprised of, competition:
Institutional Camp or Clinic Comprised Solely
of Competition Activities.
The committee determined that it is permissible for an
institution’s camp or clinic to be solely comprised of competition
activities and that instructional or practice activities may also occur within
a camp or clinic but are not required.
[References: Bylaw
13.13.1.1.1 (purposes of camps or clinics) and official interpretation (reference:
(2) Rationale. Camps or clinics should not be solely comprised of competition activities because camps or clinics were originally intended for educational and outreach opportunities and not simply a mechanism to operate a competition-only camp.
(3) Budget
Impact. None.
j. Noncontroversial
Legislation – Bylaw 11.1 – Conduct of Athletics Personnel.
(1) Recommendation. Adopt
noncontroversial legislation to amend Bylaw 11.1 (conduct of athletics
personnel) to specify the responsibility of a head coach as it relates to
promoting an atmosphere of NCAA rules compliance and monitoring activities of
assistant coaches and other administrators.
(2) Rationale. The head coach has an obligation
to promote a culture of compliance among the entire team, including assistant
coaches, other staff and student-athletes.
The head coach must monitor the activities of assistant coaches and
staff to determine if they are acting in compliance with NCAA rules. Too often, when assistant coaches or
other administrators involved with the program are involved in serious
violations, head coaches profess ignorance regarding such violations while
indicating such responsibilities were entrusted to their assistants. A head coach should be presumed to have
knowledge and therefore, responsibility for the actions of those individuals
associated with his or her team whom the coach directly or indirectly
supervises. However, a violation of
the proposed bylaw will occur only in major infractions cases, similar to institutional
control allegations or in very serious secondary cases. This proposal does not imply that every
violation by a staff member or student-athlete involved in the head
coach’s program will be considered a lack of control on the part of the
head coach. There is a rebutted
presumption that exists when situations indicate that the head coach has set a
proper tone of compliance. Under
such circumstances, the head coach would not be charged with a lack of control
for activities that may result in NCAA rules violations.
(3) Budget
Impact. None.
k. Noncontroversial
Legislation – Bylaw 12.5.1.1.6 – Use of a Student-Athlete’s
Name or Picture without Knowledge or Permission.
(1) Recommendation. Adopt
noncontroversial legislation to amend Bylaw 12.5.1.1.6 (use of a
student-athlete’s name or picture without knowledge or permission) to
remove photographs from the examples of commercial items and indicate that an
institution need not take steps to stop activity whereby a
student-athlete’s photograph is sold by an individual or agency for
private use.
(2) Rationale. This proposal will allow commercial
photographers to sell pictures of student-athletes for private use. These pictures are often requested by
the families of student-athletes.
(3) Budget
Impact. None.
l. Noncontroversial
Legislation – Bylaw 13.4.2.1 – Recruiting Advertisements.
(1) Recommendation. Adopt
noncontroversial legislation to amend Bylaw 13.4.2.1 (recruiting
advertisements) to permit institutions to publish nonathletics advertisements
in nonathletics high school publications.
(2) Rationale. Recent budget reductions have
forced most college marketing directors to seek creative solutions to the
problem of contacting potential students and their parents in both an efficient
and effective manner. Pursuant to
the current legislation, institutions are prohibited from advertising in
nonathletics high school publications and other nonathletically related
publications. This proposal would
permit institutions to solicit potential students through nonathletics messages
in nonathletics high school publications such as yearbooks, newspapers, prom
programs and other nonathletics publications reviewed by a large number of
prospective student-athletes and their parents.
(3) Budget
Impact. This proposal may allow
institutions to reduce overall expenditures on marketing efforts.
m. Noncontroversial
Legislation – Bylaws 13.6.5.2 and 13.8.1.2 – Recruiting –
Complimentary Admissions and General Regulations.
(1) Recommendation. Adopt noncontroversial
legislation to amend Bylaws 13.6.5.2 (complimentary admissions) and 13.8.2.1
(general regulations to specify that it is not permissible to provide special
seating at home athletics events to a prospective student-athlete or the
prospective student-athlete’s relatives or friends during an official or
unofficial visit.
(2) Rationale. It is not appropriate to seat
prospective student-athletes in special seating areas (e.g., press box, special
seating box or bench) while the prospective student-athlete is visiting the
institution. The visit is intended
to show the prospective student-athlete what it is like to attend the
institution and not to provide the individual with excessive entertainment. This recommendation is to amend the
regulation for both official and unofficial visits because it appears that the
current prohibition on special seating for official visits appears to have been
added to the Division III Manual without a legislative action specific to this
division (it may have been added based on the Division I regulation).
(3) Budget
Impact. None.
n. Noncontroversial
Legislation – Bylaw 13.12.2.1.2 – Employment in Own Institution’s
Camp or Clinic.
(1) Recommendation. Adopt noncontroversial
legislation to amend Bylaw 13.12.2.1.2 (employment in own institution’s
camp or clinic) to remove the requirement that an institution’s athletics
director provide prior approval for the student-athlete to be employed in the institution’s
own camp or clinic.
(2) Rationale. Obtaining prior approval for a
student-athlete’s employment in the institution’s own camp or
clinic is not an effective monitoring requirement as there are no eligibility
requirements for student-athletes to be employed in an institution’s camp
or clinic. Specifically, all student-athletes are eligible to be employed in
camps or clinics and; therefore, the need to screen a potential camp employee
(i.e., give prior approval) is not necessary. Further, there are more effective
monitoring requirements in other legislative bylaws that apply to a
student-athlete’s employment in an institutional camp or clinic. For these reasons, student-athlete
employment in institutional camps or clinic is adequately monitored and the
prior approval requirement is unnecessary and cumbersome.
(3) Budget
Impact. None.
o. Noncontroversial
Legislation – Bylaw 16.1.7.2 – Recognition by President, Governor or
State Legislative Body.
(1) Recommendation. Adopt
noncontroversial legislation to amend Bylaw 16.1.7.2 (recognition by president,
governor or state legislative body) to indicate that an institution may provide
actual and necessary expenses when a team or student-athlete is accorded
special recognition by any federal, state or local government official or body.
(2) Rationale. This proposal allows for equal
treatment of foreign and domestic student-athletes. Also, expansion of the permissible
awarding agency to include any state or local
government official or body will make this bylaw easier to apply and provide
greater opportunities for student-athletes to be recognized by government
leaders.
(3) Budget
Impact. An institution could
see increased travel expenditures for such events.
p. Noncontroversial
Legislation – Bylaw 13.8.2 – Material Benefits.
(1) Recommendation. Adopt
noncontroversial legislation to amend Bylaw 13.8.2 (material benefits) to
permit an institution to provide a high school, preparatory school or two-year
college coach who is an alumnus of that institution with a material benefit
(e.g., meal, plaque, certificate, etc.) of comparable value to the award given
to recipients of nonathletics awards for recognition of a special achievement.
(2) Rationale. High school, preparatory school or
two-year college coaches should be treated like any other alumni of the
institution and should be permitted to receive awards from their alma
mater. There is no recruiting
advantage gained as these individuals already have a relationship with the
institution.
(3) Budget
Impact. An institution may
spend more on alumni awards or material benefits as it would now be permissible
to provide them to high school, preparatory school or two-year college coaches
who are alumni of that institution.
q. Noncontroversial
Legislation – NCAA Constitution 5.3.5.3.3 – Cost Considerations.
(1) Recommendation. Adopt
noncontroversial legislation to amend Constitution 5.3.5.3.3 (cost
considerations) to specify that all proposed legislation include a financial
impact statement that gauges the potential cost savings or increased costs
linked to any proposed legislation that may impact the NCAA, conferences,
institutions, student-athletes or prospective student-athletes.
(2) Rationale. This proposal updates the constitution
consistent with a recommendation from the NCAA Division III Presidents
Council that all proposed legislation include a financial impact statement that
gauges the potential cost savings or increase in costs to the NCAA,
conferences, institutions, student-athletes and prospective student-athletes if
a proposal is adopted. This
information will help members make informed decisions to support or not support
Division III legislative proposals.
(3) Budget
Impact. None.
r. Modification
of Wording – Constitution 3.2.4.5.1 and Bylaw 30.13 –
Administrative Requirements and Student-Athlete Statement.
(1) Recommendation. Adopt a
modification of wording to amend Constitution 3.2.4.5.1 (administrative
requirements) and Bylaw 30.13 (student-athlete statement) to indicate that
athletics directors must sign the affirmation of eligibility form (Division III
compliance form 2006-4c) and to no longer require an athletics director’s
signature on each student-athlete statement (Division III compliance form
2006-3c).
(2) Rationale. This modification reflects
current practice for the administration of the student-athlete statement. In support of the NCAA’s less
bureaucratic initiative, the athletics director and head coach should not be
required to sign each individual statement as long as a team summary statement
is signed by these individuals.
(3)
Budget Impact. None.
s. Modification
of Wording – Bylaws 13.02.6, 13.1, 13.1.1.1, 13.6.5.6, 13.6.5.6.3.3 and
13.14.2 – Recruiting, Contacts and Evaluations, High School Prospective
Student-Athlete, Pre- or Post-Game Meals or Snacks, Visiting a Prospective
Student-Athlete.
(1) Recommendation. Adopt a
modification of wording to amend Bylaws 13.02.6 (recruiting), 13.1 (contacts
and evaluations), 13.1.1.1 (high school prospective student-athletes), 13.6.5.6
(meals on official visits), 13.6.5.6.3.3 (pre- or post-game meals or snacks)
and 13.14.2 (visiting a prospective student-athlete) to remove references to
“legal” when referring to guardians as specified individuals
involved with a prospective student-athlete’s recruitment.
(2) Rationale. Removal of “legal” as a
descriptor of guardian provides flexibility to accommodate individuals who may
be serving as the default mentor or guardian, albeit not a legal guardian, for
a prospective student-athlete. The
term “legal guardian” along with other specific relationship titles
were collectively replaced by “relatives and friends” in Bylaw 16
because awards and benefits legislation should extend more broadly to
individuals connected to a student-athlete or prospective student-athlete and
not by specific title. This
modification ensures consistency across Bylaws 13 (recruiting) and 16 (awards
and benefits).
(3) Budget
Impact. The institution may
spend more on official visits as a larger segment of individuals will qualify
for these expenses.
2. INFORMATIONAL
ITEMS.
a. Incorporation
of Division III Official Interpretations.
The committee incorporated the following official
interpretations into the Division III Manual:
(1) Non-NCAA Postseason
Championships Qualifying Competition official interpretation (reference:
(2) Male Practice Players Using
Seasons of Participation official interpretation (reference:
(3) Prospects Participating
in Institutional Fundraisers or Promotional Activities Prior to Initial
Full-Time Collegiate Enrollment official interpretation (reference: 06/27/05, Item No. 3b).
b. 2006
Convention Proposal Application Guide.
The committee reviewed several questions related to 2006
proposals and issued a Convention proposal application guide, as well as a Automatic Qualification Question and Answer
document to assist with issues related specifically to 2006 Convention Proposal
Nos. 13 and 15. [Attachments]
c. 2006
Convention Proposal No. 5 – Eligibility – Graduate Student/
Postbaccalaureate Participation – Exception. The committee reviewed 2006 Convention
Proposal No. 5 and noted that graduate/postbaccalaureate waivers should be
directed through the NCAA Division III Management Council Administrative
Review Subcommittee
process and that each case be reviewed on its own merits. The Interpretations and Legislation
Committee further noted that these Administrative Review Subcommittee cases
should be reviewed for mitigating circumstances that include high academic
achievement, overall enrollment of no more than three and one-half academic
years including part-time semesters and no break in full-time enrollment.
d. 2006
Convention Proposal No. 24 – Recruiting – Tryouts –
Competition Against Prospective Student-Athletes. The committee reviewed
results from a survey to the Division III membership that asked about the
frequency of competition against preparatory schools by subvarsity teams at
Division III institutions. The
committee noted that the potential recruiting advantages from subvarsity teams
competing against preparatory schools is tempered by other currently legislated
tryout exceptions including Bylaw 13.11.1.3 (competition in conjunction with a
high school, preparatory school or two-year college) which allows institutions
to bring in high school, preparatory school or two-year colleges to compete
against each other on the institution’s campus. The committee also noted the additional
participation opportunities available through subvarsity competition, including
competition against preparatory schools that support the Division III philosophy
of broad-based participation opportunities. The committee noted that only 10 percent
of the 159 survey respondents confirmed they sponsor subvarsity competition
against preparatory schools; therefore, the committee has not forwarded the
Convention Proposal No. 24 concept for sponsorship at the 2007 NCAA Convention.
e. Review Sunday
Issues Forum Format and Content. The committee discussed the 2006 Sunday issues forum format
and content and noted the forum provides an opportunity for the Division III
delegates to evaluate proposed legislation prior to conference meetings
conducted at the NCAA Convention.
The committee noted the NCAA staff’s thorough preparation leading
to the NCAA Convention often resolves questions linked to proposals up for vote,
including the production of the question and answer guide. The committee requested a format more
conducive to engaging all attendees at the forum including more opportunities
to interact with the dais and raise questions or points about proposed legislation. The committee recommended the use of
case studies that further contextualize the proposed legislation instead of a
restatement of the proposal and intent statement. The committee noted that if Management
Council or Presidents Council positions are proffered, then any position
statements from the floor are fair and appropriate.
f. Consider
Threshold for Legislative Proposal Sponsorship. The committee noted that the Division III membership is the
largest division in number, yet requires the least number of sponsors to
propose legislation. Increasing the
threshold for sponsoring legislation would spur on broader-based discussion
amongst Division III
members before legislation is put forth and build in a
higher level of consensus within the division prior to proposing
legislation. The committee also
noted the frequency of single-conference sponsored legislation that often
addresses a special or narrow interest impacting only the sponsoring conference
that does not benefit the division as a whole. The committee took no action as it
recognized the entire division should engage in discussion of the threshold
issue before any entity recommends legislative changes to the constitutional
sponsorship requirements.
g. Review
of Voting Methods at Convention. The
committee reviewed the use of paddle and electronic voting methods at
Convention as required in Constitution 5.1.4.4 (voting methods). The committee noted that modern
technology has enabled the electronic voting system to provide the most accurate
and timely method for voting. The
committee recommended using the electronic voting method for all legislative
proposals designated for separate vote (i.e., Presidents Council grouping,
general grouping). The committee
recommended maintaining the use of paddle voting for noncontroversial
procedural issues (e.g., acceptance of program) and proposed legislation found
in the Convention’s Official Notice blue pages, noting the historical
significance of paddle voting at NCAA Conventions.
h. Effective
Dates. The
committee reviewed Constitutions 5.3.12.3 (federated provisions) and 5.3.12.3.1
(alternative to August 1 effective date).
The committee noted four 2006 proposals in which effective dates were
changed from August 1 to immediate.
The committee noted that the current August 1 standard is the
appropriate default standard and that proposals that necessitate an immediate
effective date can be addressed on a proposal-by-proposal basis.
i. Division
III Strategic Plan. The
committee noted strategic plan objectives 1.1 (increase support of reform
efforts that emerge from the government structure) and 2.1 (increase the
applications of fairer and more flexible regulations that favor
student-athletes) as critical guideposts for its work. The committee also noted the need for an
educational push in Division III to use a broad spectrum of Division III
communication vehicles (e.g., list serves, newsletters, etc.). Further, an emphasis on educating
Division III administrators on the use of LSDBi and including a button link to
“education columns/hot topics” in the front LSDBi menu would be
beneficial.
Committee Chair: Sandra L.
Slabik,
Staff Liaisons: Matt Banker,
Membership Services
Leah Nilsson, Membership
Services