REPORT OF THE
NCAA
DIVISION III MANAGEMENT COUNCIL
ADMINISTRATIVE
REVIEW SUBCOMMITTEE
1. ACTION ITEMS
a.
Review of NCAA Division III Bylaw 14.1.8 (full-time
enrollment) waivers.
(1) Recommendation. Adopt noncontroversial legislation for the
2007 NCAA Convention to establish that the NCAA Division III Management
Council Academic Issues Subcommittee review requests to waive the full-time
enrollment requirement for competition and practice, excluding those waivers
specifically designated to another entity.
(2) Rationale. Currently, the Management Council Administrative Review Subcommittee processes requests to waive the full-time enrollment requirement for competition and/or practice that are not otherwise designated to groups such as the Management Council or the Academic Issues Subcommittee. However, these requests are predominantly academic in nature. One of the charges of the Academic Issues Subcommittee is to monitor and, when warranted, waive academic legislation. As such, the Academic Issues Subcommittee may be a more appropriate governance entity to review requests to waive the full-time enrollment requirement.
The
recommendation for adoption of noncontroversial legislation is because the
modification is merely a procedural change and would not impact competitive or
recruiting equity. Further, because
such waiver requests are small in number (i.e., 31 waivers since 1996, which is
approximately three waivers a year) and the necessary supporting information
will not change, the proposal does not financially impact the Association or
the membership. The continued
availability of this waiver will positively impact those student-athletes
deserving of relief and it does not impact the Division III academic standards.
(3) Budget
Impact. None.
b. Policies
and Procedures.
(1) Recommendation. Approve the amended policies and procedures [Attachment A]. The subcommittee clarified the following issues: (a) the availability of the application on the Web site and the requirement that a written release be completed by the involved student-athlete for the NCAA staff to be able to appropriately address issues with the media and other appropriate persons; (b) the timing of archiving case precedent; and (c) the prioritization of review of waiver requests that are time-sensitive and/or “urgent.”
(2) Rationale. The staff and subcommittee have reviewed
various cases over the past year that resulted in necessary clarifications of
the policies and procedures in order to assist the membership, the subcommittee
and the staff in the administrative review process. The subcommittee notes
that the staff and subcommittee will continue to make efforts to review
requests in a timely manner; however this recommended prioritization policy will
be of assistance in the processing of ever-increasing
“time-sensitive” requests that may have been submitted at an
earlier date versus those circumstances that are truly urgent.
(3) Budget
Impact. None.
c. Waiver
Requests of Bylaw 14.1.9 (Graduate Student/Postbaccalaureate Participation).
(1) Recommendation. Approve the
following guidelines for subcommittee review of waivers of Bylaw 14.1.9:
For waivers of Bylaw
14.1.9 for those student-athletes transferring for the 2006-07 academic year or
thereafter, member institutions will need to demonstrate, at a minimum, a
student-athlete’s compelling and exemplary academic success by:
(a) Providing supporting
documentation that the student-athlete graduated ahead of schedule and
continued/
maintained his or her education as a
full-time student rather than having “breaks” (e.g., part time) in
enrollment for no reason/circumstances beyond his or her control; and
(b) The
student-athlete’s excellent collegiate academic record.
The staff and subcommittee will review
these waiver requests on a case-by-case basis and also will consider
extenuating or extraordinary circumstances (e.g., circumstances outside of the
student-athlete’s control such as injury or illness). Based on the NCAA Division III President
Council’s direction, the subcommittee has determined that waiver requests
solely based on the unavailability of the student-athlete’s
graduate-degree program at the previous institution will not result in waiver
relief. Further, the subcommittee
has determined that waiver requests solely based on the student’s
nonparticipation in athletics prior to transferring to an NCAA Division III
graduate school will not result in waiver relief.
(2) Rationale. During its March 7 conference call, the
subcommittee reviewed a brief history of the withdrawn 2006 legislative
proposal regarding Bylaw 14.1.9 [Attachment B]. The subcommittee also reviewed the
January Convention actions of the Division III Presidents Council which,
“directed the Administrative Review Subcommittee to review waiver cases
closely and approve them very selectively, based on compelling and exemplary
academic success beyond simply early graduation. The Council intends to monitor closely
the results of these cases on a regular basis, including appropriate review
standards used by the subcommittee.”
Based on the President Council’s direction and the
subcommittee’s subsequent discussions, the proposed guidelines are being
shared with the Management Council for direction and feedback. If approved, the proposed guidelines
will be shared with the Presidents Council for its review. The subcommittee will provide annual
reports regarding theses waivers to the Management and Presidents Councils.
(3) Budget
Impact. None.
2. INFORMATIONAL ITEMS.
a. Summary
of Cases. During
its March 7 teleconference the subcommittee reviewed cases decided at the NCAA
membership services staff level as well as those cases appealed to the
subcommittee from
(1) A total of 31 cases were reviewed.
(2) Staff granted 22 cases. Of the 22 cases staff granted, 18 cases were granted based on the totality of the circumstances and/or student-athlete well-being and four were granted based on case precedent and/or the Management Council’s directive. The subcommittee approved all of the staff’s decisions.
(3) Staff denied nine cases. Of the nine cases staff denied, all were based on case precedent, intent of the legislation, competitive advantage gained by the institution, circumstances within the control of the student-athlete or institution, and/or circumstances did not warrant a waiver of the legislation. Five of the nine cases were not appealed to the subcommittee.
(4) Four of the nine staff denials were appealed to the subcommittee. The subcommittee affirmed all of the staff denials.
b. October
Meeting. The
subcommittee will meet prior to the Management Council’s October meeting
to review numerous issues and report its actions at the January 2007 Council
meeting.
Susan
Ratliff, Membership Services
Laura
Wurtz, Membership Services