RELATED TO
MANAGEMENT COUNCIL
SUPPLEMENT NO. 13

NCAA DIVISION III MANAGEMENT COUNCIL

ADMINISTRATIVE REVIEW SUBCOMMITTEE

Summary of Recommendations

ACTION ITEM ? MANAGEMENT COUNCIL ONLY

ISSUE:	Policies and Procedures.
Subcommittee Recommendation:
Approve its amended policies and procedures (Attachment). The subcommittee has clarified the following issues: permitting the subcommittee to consult with other committees or subcommittees that have expertise but lack authority to make a decision prior to reaching a decision and clarifying that cases may be re-opened if information did not exist when the case was originally submitted.
Management Council Action:
Approved the recommendation.
Presidents Council Action:
Endorsed the Management Council?s action.

ITEMS OF INFORMATION

1. ISSUE:	Staff Decisions.
Subcommittee Action:
Staff decided four cases from May 31 to September 1, 2002. Three of the four cases were denied and one case was granted. The decisions that were made at the staff level were based on clear, on-point case precedent and a subcommittee directive.
Management Council Action:
Accepted the information.

2. ISSUE:	Reconsideration Requests.
Subcommittee Action:
Only one reconsideration request was received from April 1 to August 1, 2002. The request did not meet the new-information standard as is detailed in the policies and procedures; therefore, the staff and chair denied the reconsideration request to make a decision prior to reaching a decision and clarifying that cases may be re-opened if information did not exist when the case was originally submitted.
Management Council Action:
Accepted the information.
3. ISSUE:	Potential Waiver of NCAA Bylaw 14.2.4.3.
Subcommittee Action:
The subcommittee reviewed NCAA Bylaw 14.2.4.3 (participation in organized competition prior to initial collegiate enrollment) and noted that there have been no requests to waive this bylaw received as of October 22, 2002. The subcommittee noted that the intent of the organized-competition legislation was to focus on the period between high-school graduation and initial collegiate enrollment, and recognize that participation in a high level of competition during this time may result in a competitive advantage. Thus, the loss of season(s) of competition as a consequence for choosing to engage in such activity would lessen the competitive advantage and foster a level playing field among member institutions. The subcommittee noted that this bylaw is the cornerstone of the recent amateurism deregulation, and it was intended by the membership to result in a student-athlete being charged with a season of competition. Therefore, the subcommittee noted that granting requests to waive this legislation would compromise its intent and purpose.
Management Council Action:
Accepted the information.

4. ISSUE:	Archiving Cases.
Subcommittee Action:
The subcommittee reviewed the policies and procedures for archiving case precedent. Cases may be archived based on a change in subcommittee philosophy or based on the decision date of a case. Archived cases serve as a historical resource to the membership and staff and will remain available to the membership via the database. The subcommittee approved that cases dating back beyond four years and subcommittee-designated cases where a shift in precedent has occurred will be archived. The subcommittee also approved that NCAA Bylaw 14.2.5 (hardship waiver) cases decided prior to the October 1999 directive when the Management Council approved that ARS would no longer provide an appeal avenue and NCAA Bylaw 14.2.4.1 (Minimum Amount of Competition) cases decided prior to the July 2001 directive establishing waiver criteria would be archived.
Management Council Action:
Accepted the information.