NCAA Division III Management Council Administrative Review Subcommittee
Review of Bylaw 14.1.9 (Graduate Student/Postbaccalaureate Participation) Waiver Requests and Analysis for the 2006-07 Academic Year and Beyond

Background.

As the NCAA Division III Management Council Administrative Review Subcommittee is aware, in July 2005, the NCAA Division III Management Council sponsored legislation on receiving a report from the subcommittee regarding a request from this subcommittee in regard to the review of Administrative Review Subcommittee waiver requests for NCAA Division III Bylaw 14.1.9.

Management Council Recommendation:

1. Sponsor legislation for 2006 to amend Bylaw 14.1.9 (graduate student/postbaccalaureate participation) to permit a student-athlete who has earned a baccalaureate degree at any institution to transfer into an NCAA Division III institution and be eligible immediately for participation, so long as the student-athlete satisfies the general transfer exception per Bylaw 14.5.1.1 and possesses more than two semesters/three quarters left on his or her 10-semester/15-quarter clock.

· NCAA Division III Presidents Council Action: Approved sponsorship of legislation.

2. Remove the October 2000 subcommittee directive for the NCAA staff to deny all requests involving the graduate-transfer legislation and direct the subcommittee to consider waivers of Bylaw 14.1.9 and further to review recent compelling cases.

· Presidents Council Action: Approved sponsorship of legislation.

However, in October 2005, the Presidents Council determined that the legislative proposal should be withdrawn:

· Presidents Council Action: CON-5 – Eligibility - Graduate Student/Post-baccalaureate Participation - Exception: Voted to withdraw proposal and to grant Administrative Review Subcommittee authority to review and grant waivers on a case-by-case basis.

Finally, at the 2006 Convention, the Management Council and Presidents Council provided the following information:

· Management Council Action: Accepted the information that the subcommittee will continue to monitor these waiver requests and update the Management Council on a regular basis noting that at its October 2005 meeting, the President’s Council withdrew 2006 Convention Proposal No. 5 – Eligibility – Graduate Student/Postbaccalaureate Participation – Exception and reemphasized the authority of the subcommittee to review the eligibility of graduate students and grant waivers on a case-by-case basis.

The Council requested that the Presidents Council discuss the philosophical principle regarding an appropriate Division III athletics experience and provide additional clarification and guidance to the subcommittee.

· Presidents Council Action: The Council 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.

Current Analysis.

In order to apply a consistent review of all student-athletes seeking to transfer during the 2005-06 academic year in order to be eligible for the 2005-06 academic year, the staff will continue to apply the guidelines previously established in the legislative proposal of July 2005. The staff has included Administrative Review Subcommittee waiver requests received for the 2005-06 academic year to date reviewed under the July 2005 guidelines. (Attachment A)

Discussion.

The staff has met with members of the NCAA Division III governance staff to discuss whether there is additional direction beyond the Presidents Council action from January 2006 for waiver requests for the 2006-07 academic year and beyond. The subcommittee may want to consider the following additional elements or aspects in reviewing these types of waiver requests:

1. Has the student-athlete continued/maintained his or her education as a full-time time student rather than having “breaks” (e.g., part time) in enrollment for no reason/ circumstances beyond his or her control?

2. Did the student-athlete graduate ahead of schedule?

3. Does the student-athlete have a compelling academic record?

4. Others?

The staff is seeking specific feedback in regard to what sort of “guidelines” can be provided for waivers of Bylaw 14.1.9, so that the information cannot be shared only with the Presidents and Management Councils but also with the membership.