2004 NONCONTROVERSIAL LEGISLATIVE PROPOSALS

Summary of Recommendations

ACTION ITEMS – MANAGEMENT COUNCIL ONLY

1. ISSUE:		Proposal No. NC-2 – Eligibility – Hardship Waiver – Administration (Bylaw 14.2.5.1).
Committee Recommendation:
	Amend Bylaw 14.2.5.1 to permit institutions to appeal a conference denial of a hardship waiver to the NCAA Division III Student-Athlete Reinstatement Committee.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.
2. ISSUE:		Proposal No. NC-3 – Eligibility – Penalty for Ineligible Participation in NCAA Championships (Bylaw 14.11.4.2).
Committee Recommendation:
	Eliminate Bylaw 14.11.4.2 related to penalties for ineligible participation in NCAA championships.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.
3. ISSUE:		Proposal No. NC-4 – Financial Aid – Membership Reclassification (Bylaw 15.4.10).
Committee Recommendation:
	Amend 15.4.10 to permit a Division III member institution that is reclassifying its athletics program to Division III to provide athletics aid to any eligible student-athlete or prospective student-athlete when the institution has been accepted by the NCAA Division II Membership Committee to begin the reclassification process and as long as the institution notifies all of its opponents that it is providing athletics aid.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.

4. ISSUE:		Proposal No. NC-5 – Playing and Practice Seasons – Football – Preseason Conditioning (Bylaw 17.02.11).
Committee Recommendation:
	Amend Bylaw 17.02.11, in football, to modify the preseason practice legislation as specified.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.
5. ISSUE:		Proposal No. NC-7 – Division Membership – Change of Division Membership – Requesting Reclassification – Compliance with Criteria (Bylaw 20.6.2.2).
Committee Recommendation:
	Amend Bylaw 20.6.2.2 to lengthen the membership reclassification process from three years to four years and to require completion of a four-year educational program for those institutions wishing to reclassify from Division II to Division III. Additionally, to require reclassifying institutions to pay a fee of $12,000 to cover costs related to the educational program.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.
6. ISSUE:		Proposal No. NC-8 – Enforcement – Committee on Infractions and Enforcement Procedures (Bylaw 19.02).
Committee Recommendation:
	Amend Bylaw 19.02 to modify the Committee on Infractions Enforcement Procedures, as specified.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.

7. ISSUE:		Proposal No. NC-9 – Committees – Committee on Women’s Athletics – Woman of the Year Selection Committee (Bylaw 21.1.10.2).
Committee Recommendation:
	Amend Bylaw 21.1.10.2 to expand the duties of the Committee on Woman’s Athletics to include the appointment of the Woman of the Year Selection Committee and the oversight of the selection process.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.
8. ISSUE:		Proposal No. NC-10 – Common Committees – Men’s and Women’s Skiing Committee (Bylaw 21.3.5).
Committee Recommendation:
	Amend Bylaw 21.3.5 to specify that two members of the seven-person committee shall represent men’s skiing interests and two members shall represent women’s skiing interests and to specify that two members shall be coaches who represent downhill alpine skiing and two members shall be coaches who represent Nordic skiing; further, to exempt the men’s and women’s skiing committee from the administrator/coach requirements.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.
9. ISSUE:		Proposal No. NC-TBD – Forms – Student-Athlete Health Insurance Portability and Accountability Act (HIPAA) Authorization/Buckley Amendment Consent Form – Disclosure of Protected Health Information (Constitution 3.2.4.7).
Committee Recommendation:
	Amend Constitution 3.2.4.7 to change the effective date of the Student-Athlete HIPAA Authorization/Buckley Amendment Consent Form – Disclosure of Protected Health Information from immediate to August 1, 2004.
Management Council Action:
	Approved the draft noncontroversial legislative proposal.

ITEM OF INFORMATION

1. ISSUE:		Proposal No. NC-1 – Forms – Student-Athlete Health Insurance Portability and Accountability Act (HIPAA) Authorization/Buckley Amendment Consent Form – Disclosure of Protected Health Information (Constitution 3.2.4).
Committee Recommendation:
	Amend Constitution 3.2.4.7 to add the Student-Athlete HIPAA Authorization/Buckley Amendment Consent Form – Disclosure of Protected Health Information to the list of forms or statements to be administered to student-athletes annually by an institution.
Management Council Action:
	Previously approved the noncontroversial legislative proposal.
2. ISSUE:		Proposal No. NC-6 – Eligibility for Championships – Student-Athlete Eligibility – Ineligibility for Use of Banned Drugs (NCAA Bylaw 18.4.1.5).
Committee Recommendation:
	Amend Bylaw 18.4.1.5 to specify that testing positive twice for anything other than street drugs will result in the loss of lifetime eligibility, while a combination of two positive tests involving street drugs (e.g., heroin, marijuana), in whatever order, will result in the loss of an additional year of eligibility.
Management Council Action:
	Previously approved the noncontroversial legislative proposal.
3. ISSUE:		Proposal No. NC-10 – Association-Wide Playing-Rules Oversight Panel (Bylaw 21.2.1).
Committee Recommendation:
	Amend Bylaw 21.2.1 to establish an Association-wide playing-rules oversight panel appointed by the NCAA Executive Committee to resolve proposals involving player safety, financial impact or image of the game that do not have unanimous Division I, II or III support and to provide counsel to the NCAA staff about playing-rules issues, including implementation of rules and regulations. Further, to establish the composition of the panel as eight members, including the chair of the Division I Championships/ Competition Cabinet, and two representatives each from Divisions II and III, including the NCAA Division II Championships Committee and NCAA Division III Championships Committee chairs.

Management Council Action:
	Previously approved the noncontroversial legislative proposal.