NCAA
DIVISIONS I, II AND III MANAGEMENT COUNCIL
ADMINISTRATIVE REVIEW SUBCOMMITTEES
POLICIES AND PROCEDURES
The NCAA Divisions I, II and III Management Council Administrative
Review Subcommittees were created in 1993 as a response to the membership’s
desire for more rules flexibility. This group consists of a subcommittee of the
NCAA Management Council in each division that reviews the application of NCAA
legislation in cases where the circumstances are extraordinary in nature (NCAA Divisions
II and III Bylaw 5.4.1.7, NCAA Division I Bylaw 5.4.1.4). In April 1998, each subcommittee
changed its name so they would be uniform. Each subcommittee is referred to as
the Division (I, II or III) Administrative Review Subcommittee (specific to
that division).
1.
A member institution, conference or NCAA committee that
seeks the Administrative Review Subcommittee (ARS) to waive the normal
application of NCAA legislation to a particular situation, where no other NCAA
committee, subcommittee or conference has authority, shall submit a written
request to the NCAA national office.
2.
Appeals shall be submitted to the NCAA national office
on the application form produced by the NCAA.
3.
An
application is currently available on the NCAA Web site (www.ncaa.org) and will be mandatory when the
electronic database is operational. Waiver requests for individual student-athletes
or prospective student-athletes are required to include a signed Buckley Statement
when an institution requests reinstatement. Any exception to this policy must
be granted by the lead administrator. The form submitted by the
institution shall be signed by any two of the following individuals: president or chancellor; faculty
athletics representative or director of athletics. [Note: If the director of athletics and the
faculty athletics representative is the same person, then the president or
chancellor also must sign the request.] A form submitted by a conference office
shall be signed by both the commissioner (or executive director) and at least
one conference officer (e.g., associate commissioner). A form submitted by an
NCAA committee shall be signed by the chair or a member of that committee.
4.
The request shall set forth the background of the involved
situation and the reason(s) the institution, conference or NCAA committee
believes relief from the application of the legislation is warranted. In
addition to the information included on the form, the institution, conference
or NCAA committee may submit additional information that it believes is
relevant to the case.
5. It is the applicant institution’s, conference’s or NCAA committee’s responsibility to include all relevant documentation and ARS case precedent for each waiver request to the subcommittee. All relevant documentation must be included with the original appeal (e.g.,
medical documentation, educational transcripts, game schedules), since a decision will be made by the staff and subcommittee based solely on the submitted documentation. The subcommittee and staff will review only written documentation. For cases involving circumstances cited in the application checklist [e.g., departure/return restrictions (Bylaw 16.8.1.2.1)], the applicant institution must demonstrate whether the circumstances stated in the checklist are present, where appropriate. Further, the applicant should include the specific documentation cited within the circumstances in the checklist.
For cases involving subject matter where the subcommittees have authority
and an NCAA subcommittee or committee has expertise but does not have the
authority to provide the requested relief, the staff may request a written
response or background information from that committee or subcommittee in order
to assist the staff and subcommittee in making a well-informed decision. The
staff will share all written materials provided by the NCAA subcommittee or
committee to the applicant prior to a decision being rendered.
Waiver
requests will be prioritized based on the date of the next contest or event,
the order in which the case was received and the timing of when the waiver was
determined to be necessary. Once all relevant information is submitted, the
staff generally requires a minimum of 48 hours to complete a thorough review of
the information presented. Thus, if a case file is not complete until less than
48 hours prior to competition or the event, the staff may not be able to render
a decision prior to the contest or the event. All requests should be submitted
to the staff in a timely manner once the waiver is determined necessary in
order to ensure a complete review can be conducted prior to the next contest or
event.
6.
For cases involving misinformation, if the applicant
institution benefits (request is granted) as a result of misinformation from an
administrator at the applicant institution, then the president or chancellor of
the applicant institution will be notified by letter from the staff detailing
the chronology of the individual’s actions who provided the
misinformation.
7. Reconsideration requests may be submitted to the subcommittee if the request contains new information that was not available to either the student-athlete or the applicant. The reconsideration request shall be submitted by the appropriate individuals as designated in the application. An explanation must be included to clarify the reason(s) the new information was not originally available. Any additional or repetitive information that was originally available to the student-athlete, institution, conference or NCAA committee may not be included for reconsideration. The director or the associate director who oversees ARS shall determine if the new information standard is met for all reconsideration requests. If the reconsideration standard is met, the NCAA staff will reopen the case and make a decision based on the new set of facts. If the director or associate director determines that the new information standard is not met, then the reconsideration request shall be denied.
8.
The applicant may appeal the director’s or associate
director’s decision to deny the reconsideration request to the chair of
the subcommittee. If the chair determines that the case should be reconsidered
by the subcommittee, then the staff will forward the case to all members. If
the chair affirms the director’s or associate director’s decision
to deny the request for a reconsideration, the chair’s decision is final.
In the event that the chair recuses himself or herself, the senior member of
the subcommittee will review the appeal decision.
REVIEW PROCEDURES
1.
The institution, conference or NCAA committee normally
will receive a decision to its waiver application within three weeks of receipt
of the appropriate materials at the national office. Facsimiles are encouraged
in cases that require immediate responses. In such cases, it is important for
the submitting institution, conference or NCAA committee to specify clearly the
reason(s) the issue may be time sensitive.
2.
Once the national office receives a waiver application,
the staff will review the application to ensure it has been submitted properly.
If an applicant institution or
conference includes statements or assertions regarding another member
institution’s or conference’s conduct or actions as a basis for
relief, the applicant institution will be required to submit all application
materials and supporting documentation to the member institution(s) or
conference cited as part of the allegations. The applicant must give the member
institution(s) 10-business days for the president or chancellor, director of athletics,
faculty athletics representative, senior woman administrator or in the case of
a conference, the commissioner, to respond in writing to the subcommittee and
provide a copy of the response to the applicant. The response will be included
in the application materials for review. If the application materials involve a
specific student-athlete(s), the staff is unable to provide applicant’s
application materials or supporting documentation to another member institution
without a written release from the student-athlete(s) according to federal
law (i.e., Federal Educational Rights and Privacy Act).
3. The staff will make a decision on behalf of the subcommittee. Once an institution, conference or NCAA committee has received written or verbal notice of the staff’s decision, it may appeal the staff decision to the subcommittee. An applicant’s appeal shall be submitted to the associate director within 30-calendar days from the date on the initial staff decision letter. An appeal letter submitted after the 30-day appeal period will not be processed. Exceptions to this policy may be granted by the subcommittee chair when an institution is able to demonstrate in writing that exceptional circumstances caused the institution’s appeal to be submitted beyond the 30-day appeal period.
The subcommittee consists of
five members who are from Division I institutions and conference offices. The
subcommittee will serve as an appellate body for all staff decisions that the
membership wishes to appeal. The subcommittee’s consideration of an
appeal is the subcommittee’s first review of the institution’s
request, and its decision is final, binding and shall not be subject to review
by the Division I Management Council or any other authority.
4.
If a staff decision is appealed, the case will be submitted
to the five subcommittee members. Subcommittee members cast a vote by sending an
e-mail vote to the national office. A simple majority is necessary for a
decision. However, in situations where there is a tie vote, the initial
decision of the staff shall be considered to be upheld; and in situations where
the staff did not issue a decision, the director or associate director will
cast the tie-breaking vote.
5.
The subcommittee members may discuss the case on a
telephone conference call, if necessary, to reach a decision. A telephone
conference will occur only at the request of the subcommittee members. If a
subcommittee member requests a conference call, the staff should contact the
member who is requesting the conference call to determine his or her rationale
for the request and forward this information to the subcommittee chair. The
subcommittee may request that the applicant participate on such a telephone
conference. If the applicant participates on a telephone conference, it shall
be represented by its president or chancellor, faculty athletics representative
or director of athletics. Other applicant representatives, including an
involved student-athlete, may participate on the call. The applicant and
involved individuals may have legal counsel participate on the call. Also, a
representative of an involved NCAA committee, if applicable, will be invited to
participate on the call.
6.
Members of the Division I subcommittee shall not
discuss a pending request with the NCAA staff, institutional representatives,
the prospective or enrolled student-athlete, or his or her legal counsel
without all parties having the opportunity to participate. The staff may
contact the subcommittee chair to arrange a telephone conference or to discuss
procedural matters relevant to processing an applicant's request. Further, the
subcommittee members may contact the staff to request that additional
information about the case be obtained.
7. A staff or subcommittee member shall recuse himself or herself from participation in the review of an applicant’s request in which he or she is connected personally with an institution or conference. A staff or subcommittee member with a personal relationship or institutional affiliations that reasonably would result in the appearance of bias or prejudice should refrain from participating in any manner in the processing of an institution’s or a conference's request. It is the responsibility of the staff or subcommittee member to remove himself or herself if a conflict exists. Institutional objections to a subcommittee member
participating
in the review of a request should be raised with the subcommittee chair as soon
as recognized but will not be considered unless the concern is raised prior to
the subcommittee’s review of the matter. All ex parte communication
between applicant representatives and subcommittee members about a pending case
is prohibited.
8.
In reaching a decision, the staff and subcommittee
shall consider the purpose and intent of any involved NCAA legislation, the well-being
of involved student-athletes, possible competitive or recruiting advantages,
case precedent and other factors it considers relevant. The staff and
subcommittee shall strive for consistency in treating issues involving similar
circumstances.
9.
The subcommittee may archive cases based on a change in
subcommittee philosophy (with appropriate notice given to the membership) or
based on the decision date of a case (i.e., cases decided prior to a given date
are designated as archived). Cases
shall be archived by the staff every five years. The archived cases
serve only as a historical resource to the membership and staff.
10.
The subcommittee shall not consider appeals of
decisions of an NCAA committee with the legislative authority to act.
11.
Once the staff or subcommittee has made its decision to
grant or deny the request, the decision shall be communicated to the involved
institution, conference or NCAA committee by the NCAA staff. A summary of the
decisions of the staff and subcommittee shall be provided to the Division I
Management Council on a regular basis. All actions of the Division I
subcommittee are final and are not subject to appeal to the Division I
Management Council or any other NCAA body.
12.
All inquiries from the media should be forwarded to the
NCAA national office for response.
1.
The institution, conference or NCAA committee normally
will receive a decision to its waiver application within three weeks of receipt
of the appropriate materials at the national office. Facsimiles are encouraged
in cases that require immediate response. In such cases, it is important for
the submitting institution, conference or NCAA committee to clearly specify the
reason(s) the issue may be time sensitive.
2.
Once the national office receives a
waiver application, the staff will review the application to ensure it has been
submitted properly. If an applicant
institution or conference includes
statements or assertions regarding another member
institution’s or conference’s conduct or actions as a basis for
relief, the applicant institution will be required to submit all application
materials and supporting documentation to the member institution(s) or
conference cited as part of the allegations. The applicant must give the member
institution(s) 10-business days for the president or chancellor, director of athletics,
faculty athletics representative, senior woman administrator or in the case of a
conference, the commissioner, to respond in writing to the subcommittee and
provide a copy of the response to the applicant. The response will be included
in the application materials for review. If the application materials involve a
specific student-athlete(s), the staff is unable to provide applicant’s
application materials or supporting documentation to another member institution
without a written release from the student-athlete(s) according to federal
law (i.e., Federal Educational Rights and Privacy Act).
3.
The staff will make a decision on behalf of the
subcommittee. Once an institution, conference or NCAA committee has received
written or verbal notice of the staff’s decision, it may appeal this
decision to the subcommittee. An applicant’s appeal shall be submitted to
the associate director within 90-calendar days from the date on the initial
staff decision letter. An appeal letter submitted after the 90-day appeal
period will not be processed. Exceptions to this policy may be granted by the
chair when an institution is able to demonstrate in writing that exceptional
circumstances caused the institution’s appeal to be submitted beyond the
90-day appeal period. The subcommittee’s consideration of an appeal is
the subcommittee’s first review of the institution’s request, and
its decision is final, binding and shall not be subject to review by the Division
II Management Council or any other authority.
4.
The subcommittee consists of seven members who are from
Division II institutions and conference offices. The subcommittee shall serve
as an appellate body for all staff decisions that the membership wishes to
appeal. If a staff decision is appealed, the case will be submitted to the
subcommittee members. Subcommittee members cast a vote by sending an e-mail
vote to the national office. A quorum of four is necessary for a decision. In
situations where there is a tie vote, the initial decision of the staff shall
be considered to be upheld. Significant and/or controversial appealed cases
with little or no precedent can be referred by the subcommittee to the full Division
II Management Council for consideration. To the extent possible,
reconsideration requests should involve the original subcommittee members who
voted on the case.
5. The subcommittee members may discuss the case on a telephone conference, if necessary, to reach a decision. A telephone conference will occur only at the request of the subcommittee members. If a subcommittee member requests a conference call, the staff should contact the subcommittee member who is requesting the conference call to determine his or her rationale for the request and forward this information to the
subcommittee chair. The
subcommittee may request that the applicant institution participate on such a
telephone conference. If the institution participates on a telephone
conference, it shall be represented by its president or chancellor, faculty
athletics representative or director of athletics. Other institutional
representatives, including an involved student-athlete, may participate on the
call. The institution and involved individuals may have legal counsel
participate on the call. Also, a representative of an involved committee, if
applicable, will be invited to participate on the call.
6.
Members of the Division II subcommittee shall not
discuss a pending request with the NCAA staff, institutional representatives,
the prospective or enrolled student-athlete, or his or her legal counsel
without all parties having the opportunity to participate. The staff may
contact the subcommittee chair to arrange a telephone conference call or to
discuss procedural matters relevant to processing the institution's request.
Further, the subcommittee members may contact the staff to request that
additional information about the case be obtained.
7.
A staff or subcommittee member shall recuse himself or
herself from participation in the review of an institution’s request in
which he or she is connected personally with an institution or conference. A
staff or subcommittee member with a personal relationship, an institutional
affiliation or a conference affiliation that reasonably would result in the
appearance of bias or prejudice should refrain from participating in any manner
in the processing of an institution’s or a conference’s request. It
is the responsibility of the staff or subcommittee member to remove himself or
herself if a conflict exists. Institutional objections to a subcommittee member
participating in the review of a request should be raised with the subcommittee
chair as soon as recognized but will not be considered unless the concern is
raised prior to the subcommittee’s review of the matter.
8.
In reaching a decision, the staff and subcommittee
shall consider the purpose and intent of any involved NCAA legislation, the well-being
of involved student-athletes, possible competitive or recruiting advantages,
case precedent and other factors it considers relevant. The staff and
subcommittee shall strive for consistency in treating issues involving similar
circumstances.
9.
The subcommittee may archive cases based on a change in
subcommittee philosophy (with appropriate notice given to the membership) or
based on the decision date of a case (i.e., cases decided prior to a given date
are designated as archived). Cases
shall be archived by the staff every five years. The archived cases
serve only as a historical resource to the membership and staff.
10.
The staff and subcommittee shall not consider appeals
of decisions of an NCAA committee with the legislative authority to act.
11.
Once the staff or subcommittee has made its decision to
grant or deny the request, the decision shall be communicated to the involved
institution, conference or NCAA committee by the NCAA staff. A summary of the
decisions of the subcommittee and staff shall be provided to the Division II
Management Council on a regular basis. All actions of the Division II
subcommittee are final and are not subject to appeal to the Division II
Management Council or any other NCAA body.
12.
All inquiries from the media should be forwarded to the
NCAA national office for response.
Division
III: Division III Administrative
Review Subcommittee
1.
Per NCAA Constitution 4.7.3-(h), the Division III
Management Council has authorized the subcommittee to consider requests for
relief from the application of NCAA legislation in instances where no Division
III committee, subcommittee or NCAA staff member has the authority to act.
2.
The institution, conference or NCAA committee normally
will receive a decision about its waiver application within three weeks of receipt
of the appropriate materials at the national office. Facsimiles are encouraged
in cases that require immediate response. In such cases, it is important for
the submitting institution, conference or NCAA committee to clearly specify the
reason(s) the issue may be time sensitive.
3.
Academic transcripts must be included with the waiver
request. Once the national office receives a waiver application, the staff will
review the application to ensure it has been submitted properly. If an applicant institution or conference include
statements or assertions regarding another member institution’s or
conference’s conduct or actions as a basis for relief, the applicant institution
will be required to submit all application materials and supporting
documentation to the member institution(s) or conference cited as part of the
allegations. The applicant institution must give the member institution(s) 10-business
days for the president or chancellor, director of athletics, faculty athletics
representative, senior woman administrator or in the case of a conference, the
commissioner, to respond in writing to the subcommittee and provide a copy of
the response to the applicant institution. The response will be included in the
application materials for review. If the application materials involve a
specific student-athlete(s), the staff is unable to provide applicant’s
application materials or supporting documentation to another member institution
without a written release from the student-athlete(s) according to federal
law (i.e., Federal Educational Rights and Privacy Act).
4.
The staff will make a decision on behalf of the
subcommittee. Once an institution, conference or committee has received written
or verbal notice of the staff’s decision, it may appeal the staff decision
to the subcommittee. An applicant’s appeal shall be submitted to the
associate director within 30-calendar days from the date on the initial staff
decision letter. An appeal letter submitted after the 30-day appeal period will
not be processed. Exceptions to this policy may be granted by the chair when an
institution is able to demonstrate in writing that exceptional circumstances
caused the institution’s appeal to be submitted beyond the 30-day appeal
period. Appeals will be submitted to the five subcommittee members for review
on a weekly basis. The subcommittee shall consist of five members of the
Division III Management Council who are Division III institutional and
conference personnel. Whenever possible, membership on the subcommittee shall
not overlap with membership of the NCAA Division III Management Council Academic
Issues Subcommittee.
5.
The subcommittee will serve as an appellate body for
all staff decisions that the membership wishes to appeal. The subcommittee’s
consideration of an appeal is the subcommittee’s first review of the
institution’s request. Subsequent to receiving the appeal materials,
there will be a conference call each week with the five subcommittee members to
discuss the cases. A simple majority is necessary for a decision. However, in
situations where there is a tie vote, the chair of the Division III Management
Council will be forwarded the materials and cast the tie-breaking vote.
6.
Members of the Division III subcommittee shall not
discuss a pending request with the NCAA staff, institutional representatives,
the prospective or enrolled student-athlete, or his or her legal counsel
without all parties having the opportunity to participate. Further, the
subcommittee members may contact the staff to request that additional information
about the case be obtained prior to a final decision.
7.
Recusal Procedures:
a. A subcommittee member shall recuse himself or herself from participation in the review of an institution’s request in which he or she is connected to that institution by employment, personal or conference affiliation.
b. A subcommittee member with a personal relationship or institutional affiliations that reasonably would result in the appearance of bias or prejudice should refrain from participating in any manner in the processing of an institution’s or a conference’s request. It is the responsibility of the subcommittee member to remove himself or herself if a conflict exists. Institutional objections to a subcommittee member participating in the review of a request should be raised with the subcommittee chair
as soon as recognized but will not be considered unless the concern is raised prior to the subcommittee’s review of the matter.
8. In
reaching a decision, the staff and subcommittee shall consider the purpose and intent
of any involved NCAA legislation, the well-being of involved student-athletes,
possible competitive or recruiting advantages, prior case precedent and other
factors it considers relevant. The staff and subcommittee shall strive for
consistency in treating issues involving similar circumstances.
9. The subcommittee may archive cases
based on a change in subcommittee philosophy (with appropriate notice given to
the membership) or based on the decision date of a case (i.e., cases decided
prior to a given date are designated as archived). Cases shall be archived by the staff every five years. The
archived cases serve only as a historical resource to the membership and staff.
10. The subcommittee shall not consider appeals of
decisions of an NCAA committee with legislative authority to act.
11. Once
the subcommittee has made its decision to grant or deny the request, the
decision shall be communicated to the involved institution by the NCAA staff. A
summary of the decisions of the staff and subcommittee shall be provided to the
Division III Management Council and NCAA Division III Presidents Council on a
regular basis.
12. All inquiries from the media should be forwarded
to the NCAA national office for response.
13. If new information becomes available after the subcommittee has denied a waiver request, an institution may submit a reconsideration request to the subcommittee. The initial request and all supplemental information for reconsideration shall be submitted to the NCAA staff by an NCAA institution, conference or NCAA committee. If the director or associate director determines that the submitted information meets the new information standard, the staff will then forward the request for reconsideration to the subcommittee. If the director or associate director determines that the new information standard is not met, then the reconsideration request shall be denied. The applicant institution may appeal the director’s or associate director’s decision to deny the reconsideration request to the chair of the subcommittee. If the chair determines that the case should be reconsidered by the subcommittee, then the staff will forward the case to all subcommittee members. If the chair affirms the director’s or associate director’s decision to deny the request for reconsideration, the chair’s decision is final. In the event that the chair recuses himself or herself, the senior member of the subcommittee will review the appeal decision. The subcommittee shall not rehear the merits of cases decided by the former Association-
Wide NCAA Administrative Review Panel
(prior to
14. Once
an institution has exhausted its reconsideration opportunity with the
subcommittee, an institution may appeal the subcommittee’s decision to
the Division III Management Council. The Division III Management Council and
Presidents Council have adopted the following procedures to apply for appeal of
any committee or Division III Management Council subcommittee action other than
those by the NCAA Division III Committee on Infractions and NCAA Division III Student-Athlete
Reinstatement Committee:
a. In order to appeal a decision of a Division III committee or subcommittee, the involved institution must submit a written notice of appeal to be received in the national office not later than 30 days after it has received notification of the committee’s or subcommittee’s decision. The appeal shall be submitted by the institution’s president or chancellor, faculty athletics representative, director of athletics or senior woman administrator and shall specify the reasons the institution believes the committee’s or subcommittee’s decision is erroneous.
b. In
each appealed case, the involved Division III institution, committee or
subcommittee shall provide the Division III Management Council with a written
report setting forth the basis for its decision. The report shall identify the
involved NCAA rules and interpretations, and shall specify the information and
precedent relied on by the committee in reaching its decision. The report of
the involved committee or subcommittee shall be submitted to the Division III Management
Council (and the appealing institution) at least seven days prior to the Division
III Management Council’s review of the matter unless the appealing
institution and the Division III Management Council officers approve a shorter
period of time.
c. Each
request for an appeal shall be reviewed by the Division III Management Council
and shall be placed on the appropriate agenda. The Division III Management
Council officers shall determine whether the appeal is to be handled on the
basis of the written record or whether a personal appearance is necessary. If a
personal appearance is thought necessary, both the institution and the
appropriate committee or subcommittee shall be represented.
d. Review
of appeals shall take place only in conjunction with regularly scheduled meetings
of the Division III Management Council.
e. When an institution is invited to appeal, it shall be represented by its president or chancellor, faculty athletics representative, director of athletics or senior woman
administrator and it may be represented by other involved institutional staff members, student-athletes and/or legal counsel, as approved by the Division III Management Council officers. A representative of the appropriate committee or subcommittee, as well as an appropriate member of the national office staff (usually the liaison to the committee or subcommittee) also will participate in the hearing.
f. Division
III Management Council members shall recuse themselves from participating in
the appeals process if the appeal involves their institution, conference or
another member of their conference.
g. Division
III Management Council members shall recuse themselves from voting on an appeal
of a decision by a committee or subcommittee on which they serve. However,
these Division III Management Council members may participate in discussions
related to the appeal.
h. Once
all parties participating in an in-person appeal have been introduced, the
chair shall call on the representative of the involved committee or
subcommittee, and/or the national office staff to describe the current status
of the matter, including the committee’s or subcommittee’s decision
and the appeal. Institutional representatives shall be provided an opportunity
to describe the situation and explain the reasons they believe the committee’s
or subcommittee’s decision is erroneous. Presentations by the committee,
subcommittee or institution may not exceed 15 minutes in length, unless the Division
III Management Council officers approve in advance a longer time period. All
participants in the hearing will be permitted to ask questions of any other
participants. Once an in-person hearing has concluded, representatives of the
member institution involved, representatives of the involved committee and the
national office staff member involved in the case shall leave the hearing.
i. At the conclusion of an
in-person hearing or a review of the written record, the Division III Management
Council shall reach a decision and notify the national office staff of that decision.
The national office staff shall notify the involved institution and shall
provide a written confirmation of the decision. The notification should occur
as soon as practical after the decision is reached and after adjournment of the
meeting. No notification, formal or informal, should occur before adjournment.
The appellant also should be notified of any additional procedures available to
it. No public announcement shall be made until the meeting has adjourned.
j. If, in reviewing the appeal, the Division III Management Council concludes that new information that was not made available to the involved committee or subcommittee at the time of its initial decision has been reported and that the information is of such importance, in the judgment of the Division III Management Council, to make a
different result reasonably probable, the case shall be redirected to the committee or subcommittee that initially considered it for further review.
The
Division III Management Council shall not alter the decision of the committee
or subcommittee that initially decided the matter unless it concludes that the
committee or subcommittee erred in its decision in a manner that, in the
judgment of the Division III Management Council, affected the decision of that
committee or subcommittee. The finding of such an error shall be based on a
determination that the committee or subcommittee improperly applied NCAA
legislation or official interpretation, that the committee or subcommittee
deviated from its approved procedures, or that the decision of the committee or
subcommittee is clearly erroneous.
k.
All actions by the Division III Management Council
taken on appeal of Division III committee or subcommittee actions shall be
reported to the Presidents Council and to the NCAA membership through The NCAA
News. [Note: In accordance with Constitution 5.4.1.7, Division III Management
Council action on an interpretation, including an action that results from an
appeal of an NCAA Division III Interpretations and Legislation Committee
action, may be reviewed at the next annual NCAA Convention, at the request of a
member of Division III.]