REPORT OF THE
NCAA
DIVISION III INTERPRETATIONS AND
LEGISLATION
COMMITTEE
ACTION ITEMS.
·
Legislative Action Items.
a. Modification
of Wording Based on Intent-Bylaw 12.5.1.4.3 (Use of a student-athlete’s
name without knowledge or permission).
(1) Recommendation.
To issue a modification of
wording to NCAA Division III Bylaw 12.5.1.4.3 to specify that student-athletes
are not required to take appropriate steps to retract permission for the use of
his or her name or picture and cease remuneration in order to retain his or her
eligibility when the student-athlete's photograph
is sold by an individual or agency (e.g., private photographer, news agency)
for private use.
(2) Effective
Date. Immediate.
(3) Rationale. The committee noted that a photograph of a
student-athlete, taken without his or her knowledge or permission, does not
affect eligibility for intercollegiate athletics when an individual or agency
sells a photograph for private use. However, this provision only appeared in
one of the two bylaws that addressed the use of a student-athlete's name or
picture without permission. This
modification of wording adds the appropriate language to the second bylaw
addressing photographs sold for private use.
(4) Estimated
Financial Impact. None.
(5) Student-Athlete Impact.
The student-athlete is protected
from potential eligibility pitfalls beyond his or her control when their name
or picture is used by an individual or agency for private use.
b. Official
Interpretation of Administration of Hardship Waiver for Injury or Illness
Occurring at Non-NCAA Institution.
(1) Recommendation.
To adopt the following official
interpretation as specified:
Administration
of Hardship Waiver for Injury or Illness Occurring at Non-NCAA Institution
(III). The committee determined that when a
student-athlete suffers an incapacitating injury or illness during a season of
intercollegiate competition at a non-NCAA institution (e.g., two-year college,
the National Association of Intercollegiate Athletics four-year college) and is
granted a hardship waiver based on criteria established by the non-NCAA
institution's athletics association (e.g., National Junior College Athletic
Association),
it is not necessary for the NCAA institution to also apply for a hardship
waiver through its conference office or, in the case of an independent member
institution, the NCAA Divisions II and III Committee on Student-Athlete Reinstatement. The Interpretations and Legislation Committee
noted that the association of the institution where the student-athlete
suffered the injury should dictate what standards should have been relevant in applying
the criteria for the hardship waiver. [References: Division III Bylaws 14.2.5 (hardship
waiver) and 14.2.5.1 (administration of hardship waiver) and a staff
interpretation (reference: 9/27/06,
item 2), which has been archived.]
(2) Effective
Date. Effective on posting to
LSDBi. See database for date.
(3) Rationale. This interpretation reduces the
administrative bureaucracy tied to an incoming transfer student-athlete’s
hardship waiver that was granted under the criteria of a non-NCAA
institution’s athletics association.
(4) Estimated Financial
Impact. Institutions would not
need to file a medical-hardship waiver for incoming transfer student-athletes
who were granted a hardship waiver from a previous institution's association.
(5) Student-Athlete
Impact. Incoming transfer
student-athletes benefit from a standard application of a previous institution's
association's medical-hardship standard without having to file a second medical-hardship
waiver per Division III standards for the same injury.
c. Interpretation
of Generic Recruiting Presentation at Camps/Clinics.
(1) Recommendation.
To adopt the following Division III
official interpretation:
Generic Recruiting
Presentation at Camps/Clinics (III). The
committee determined that an institutional staff member at a private or
institutional sports camp or clinic may make a general presentation regarding
the recruiting process, provided the staff member does not make any reference
to his or her institution and does not make a presentation designed to recruit
prospective student-athletes in attendance. The committee noted that it would not be
permissible to show institutional game films in this situation. [References: Division III Bylaw 13.12 (sports camps
and clinics) and a staff interpretation (reference: 7/17/92, item b), which has been
archived.]
(2) Effective
Date. Effective on posting to
LSDBi. See database for date.
(3) Rationale. Institutional staff members should be
able to provide general recruiting information at camps, clinics and college
nights during multi-day camps to enhance prospective student-athletes'
understanding of the recruiting process without extending the presentation into
an institution-specific recruiting pitch.
(4) Estimated
Financial Impact. None.
(5) Student-Athlete
Impact. None.
d. Interpretation
of Member Institutions Competing Against Other Institutions and Club Teams from
the
(1) Recommendation.
To adopt the following official
interpretation:
Member Institutions
Competing Against Other Institutions and Club Teams from the
(2)
Effective Date. Effective on posting to LSDBi. See database for date.
(3)
Rationale. Foreign tours were premised
on providing student-athletes with unique cultural and competitive
opportunities against foreign competition and not intended to extend the
playing season against other opponents from the
(4)
Estimated Financial Impact.
None.
(5)
Student-athlete
Impact. None.
e. Official
Interpretation of National Team – Tryout Events on an Institution’s
Campus.
(1) Recommendation.
To adopt the following official
interpretation:
National
Team – Tryout Events on an Institution’s Campus. The
committee confirmed that it is permissible for an institution to host national
team-tryout events conducted by
the applicable national governing body.
[References: Bylaw 13.11.1.5
(tryout events) and 2007 NCAA
Convention Division III Proposal No. 5.]
(2) Effective
Date. Effective on posting to
LSDBi. See database for date.
(3) Rationale. National team tryouts are unique
elite-level events, which traditionally have received exceptions to the tryout regulations
in Bylaw 13. Division III
institutions should be able to host these unique tryout events without
legislative restriction.
(4) Estimated
Financial Impact. National
team tryouts could provide an additional revenue source for Division III institutions
hosting these events.
(5) Student-Athlete Impact.
None.
INFORMATIONAL ITEMS.
1. Education
Column. The committee requested that the
membership services staff issue an educational column in spring 2007 on the
topic of recruiting presentations at camps, clinics and college athletics
nights.
2. Expenses Incidental to Athletics Participation. The committee reviewed current
legislation that addressed how institutions may permissibly provide expenses
for equipment incidental to athletics participation. The committee reviewed two official
interpretations (references: 10/21/93,
Item No. 1 and 6/27/05, Item No. 3c) and a staff interpretation (reference: 7/28/94, item 7). The committee concurred that the Division
III Bylaw 16.11.1.7 (retention of athletics apparel and equipment), in
combination with the interpretations, adequately addresses the issue of
providing expenses for athletics equipment and apparel incidental to athletics
participation.
3. Official and Unofficial Visit Legislation. The committee reviewed the concept of
combining the official visit and unofficial visit legislation into one bylaw
within the NCAA Division III Manual. Specifically, the committee looked at
refining the language within the legislation to define what constitutes the
difference between an official and an unofficial visit and to possibly
eliminate some of the duplication of language within the legislation. The committee supported the concept of
moving the transportation legislation from two separate
areas
into one grouping within the Manual and to work on creating a legislative chart
that distinguishes the differences between official and unofficial visits.
4. Declaration
of Degree Program and Transfer Eligibility. The committee reviewed whether a student-athlete
departing from a Division III institution should be required to formally
declare a degree program for purposes of certifying transfer eligibility prior
to transferring out if the student-athlete has triggered the institution's
requirement for all student-athletes in which a student-athlete must declare a
degree program by a certain point (e.g., third year of enrollment). The committee concurred that the decision
of what constitutes "good academic standing" must be handled by the
institution from which the student-athlete was transferring, including
procedural formalities like declaring a degree program.
5. Student-Athlete
Travel Expenses during Vacation Period.
The
committee discussed whether Division III institutions should be permitted to
pay for student-athletes' expenses for travel to regular-season contests during
the vacation period if a student-athlete travels to a site other than the event
site during the vacation period as a benefit incidental to participation, even
if the student-athlete does not travel with the team and chooses to take a
different route to or from the competition. The committee recommended that the
membership services staff draft a legislative proposal that could be reviewed
at a later time for possible recommendation as noncontroversial legislation.
6. Division
III 2007 NCAA Convention Legislation Question and Answer Guide. The committee reviewed the Division III 2007
Convention Legislation Question and Answer Guide and provided NCAA staff with interpretative
and editorial revisions and feedback. The guide was initially posted on the
NCAA Web site November 15 in conjunction with the publication of the NCAA Division
III Official Notice for the 2007 NCAA Convention. The committee and NCAA staff will
continually update the guide leading up to and at the 2007 Convention.