NCAA DIVISION III STUDENT-ATHLETE REINSTATEMENT COMMITTEE

Summary of Recommendations

PRESIDENTS COUNCIL ACTION ITEMS

1.	ISSUE:	Expansion of the Season-of-Competition Waiver (Bylaw 14.2.6).
Committee Recommendation:
	Sponsor legislation for 2003 Convention to amend Bylaw 14.2.6 to increase the participation permitted for eligible student-athletes, while still qualifying for a waiver, to a maximum of three contests or dates of competition (whichever is applicable to that sport) or one-third (whichever number is greater) of the institution’s completed contests or dates of competition in his or her sport.
Management Council Recommendation:
	Sponsor legislation for the 2003 NCAA Convention.
2.	ISSUE:	Restitution Legislative Proposals.
Committee Recommendation:
	Sponsor legislation for 2003 Convention to amend Bylaws 13.5 (Entertainment), 13.7.6 (Lodging for Additional Persons) and 13.13.2.1 (Employment at Camp or Clinic/Student-Athlete) to be restitution. Therefore, violations of these bylaws would no longer affect the prospective student-athlete’s eligibility if the value of the benefit is $50 or less, conditioned upon the prospective student-athlete repaying the value of the benefit to a charity of his or her choice. Violations of these bylaws would remain institutional violations per Constitution 2.8.1.
Management Council Recommendation:
	Sponsor legislation for the 2003 Convention.
3.	ISSUE:	De minimus Legislative Proposals.
Committee Recommendation:
	Sponsor legislation for 2003 Convention to amend Bylaws 13.7.4 (Accommodations on Official Visits), 13.7.5.5.2 (Multiple Hosts), 13.11.6 (Photograph of Prospect), 13.14.1 (Coach Involvement) to be de minimus. Therefore, violations of these bylaws would no longer affect the prospective student-athlete’s eligibility. Violations of these bylaws would remain institutional violations per Constitution 2.8.1.
Management Council Recommendation:
	Sponsor legislation for the 2003 Convention.

4.	ISSUE:	Restitution Proposal Bylaw 15.2.3 (Books).
Committee Recommendation:
	Sponsor legislation for 2003 Convention to amend Bylaw 15.2.3 (Books) to be restitution. Thus, violations of this bylaw would no longer affect the student-athlete’s eligibility if the violation is $50 or less, and the student-athlete repays the value of the benefit to a charity of his or her choice. Violations of this bylaw would remain institutional per Constitution 2.8.1.
Management Council Recommendation:
	Sponsor legislation for the 2003 Convention.
5.	ISSUE:	U.S. Service Academies, Special Eligibility Provisions; Five-Year/ 10-Semester Rule (Bylaw 14.9.1).
Committee Recommendation:
	Sponsor legislation for 2003 Convention to amend Bylaw 14.9.1 (U.S. Service Academies, Special Eligibility Provision; Five-Year/10-Semester Rule) to reflect the following language so as to provide guidance to the membership as to which body of authority should review and make determinations of this bylaw. "The Student-Athlete Reinstatement Committee may approve waivers to the 10-semester rule (see Bylaw 14.2) for student-athletes of the national service academies who have exhausted eligibility in one sport but wish to compete in another sport or sports in which they have eligibility remaining."
Management Council Recommendation:
	Sponsor legislation for the 2003 Convention.

ACTION ITEMS – MANAGEMENT COUNCIL ONLY

1.	ISSUE:	Policies and Procedures.
Committee Recommendation:
	Approve the proposed changes to the student-athlete reinstatement policies and procedures.
Management Council Action:
	Approved the recommendation.

2.	ISSUE:	Editorial Revision Within Bylaws 30.6.1 and 30.6.1.1 (10-Semester/15-Quarter Rule Waiver Criteria).
Committee Recommendation:
	Editorially revise the following administrative clarifications to Bylaws 30.6.1 and 30.6.1.1 (10-semester/15-quarter rule waiver criteria): Bylaw 30.6.1. “A waiver of the five-year/10 semester period of eligibility is designed to provide a student-athlete with the opportunity to participate in four seasons of intercollegiate competition within a five-year 10-semester/15-quarter period. This waiver may be granted, based upon objective evidence, for reasons that are beyond the control of the student-athlete or and the institution, which deprive the student-athlete the opportunity to participate for more than one season in his or her sport within 10 semesters/15 quarters.” Bylaw 30.6.1.1. Circumstances considered to be beyond the control of the student-athlete or and the institution and do not cause a participation opportunity to be used shall include, but are not limited to, the following…”
Management Council Action:
	Approved the editorial revision as amended.

ITEMS OF INFORMATION

1.	ISSUE:	Business and Technology Education Council (BTEC) National Diploma Program.
Committee Action:
	The Business and Technology Education Council (BTEC) national Diploma Program is a major educational program in the United Kingdom. Prior to the 2002-03 academic year, it was determined that students who enrolled in the BTEC National Diploma Program had triggered the start of their 10-semester/15-quarter time period of eligibility and therefore, were considered transfer student-athletes upon enrolling at an NCAA institution. However, in September 2001, the NCAA Foreign Student Records Committee determined that as of the 2002-03 academic year, the BTEC National Diploma

	Program would be considered a secondary educational program, rather than a postsecondary program. This decision reversed a 1997 decision made by the former NCAA Consultants on Foreign Student Records. Student-athletes already enrolled in NCAA institutions who completed the BTEC National Diploma Program have been held to the standard that BTEC is postsecondary; therefore, those student-athletes triggered the start of their 10-semester/15-quarter time period of eligibility due to enrolling in the BETC National Diploma Program prior to the 2002-03 academic year. For student-athletes who have transferred to an NCAA institution and triggered their period of eligibility due to enrolling in the BTEC National Diploma Program prior to the 2002-03 academic year, the committee directed the staff to restart the 10-semester period of eligibility. Specifically, an extension would be granted to reflect the student-athlete’s period of eligibility beginning with initial full-time enrollment at an institution other than the BTEC National Diploma Program.
Management Council Action:
	Accepted the information.
2.	ISSUE:	General Amateurism and Eligibility Form for International Student-Athletes.
Committee Action:
	The committee endorsed the changes to the International Student-Athlete Form and noted that the changes will provide clarity and ensure that the membership obtains the information necessary to certify a foreign student-athlete’s eligibility.
Management Council Action:
	Accepted the information.
3.	ISSUE:	Football (Soccer) Scholarship Programme.
Committee Action:
	The committee reviewed a report regarding the Football Scholarship Programme, formerly known as the as the Youth Training Scheme (YTS), established by the United Kingdom’s government. The program provides educational and vocational training with professional soccer teams within the United Kingdom. The government and the professional soccer teams fund the program. The staff sought guidance from the committee regarding how to treat individuals who sign a scholarship agreement,

	which contains incentive or bonus agreement with a professional soccer team and then accept the money. The committee directed the staff not to reinstate individuals who accept an incentive or bonus since the funds are tantamount to a salary. The new amateurism legislation does not permit an individual to receive a salary; therefore, the committee directed the staff to impose a harsh reinstatement condition. The committee noted that where applicable, an institution may appeal the staff’s decision, and the committee will determine if relief is warranted based on the specific facts of the case. The institution will have the burden of demonstrating that the individual is not a professional athlete.
Management Council Action:
	Accepted the information.