MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

DIVISION III PRESIDENTS COUNCIL

NCAA National Office April 29, 2004

Indianapolis, Indiana

Participants:

David Carter, Eastern Connecticut State University

John Fry, Franklin & Marshall College

Dale Knobel, Denison University

John M. McCardell Jr., Middlebury College, chair

Ivory Nelson, Lincoln University (Pennsylvania)

Jane Margaret O'Brien, St. Mary's College of Maryland

Deborah Stanley, State University of New York at Oswego

Phillip Stone, Bridgewater College (Virginia)

Jeanie Watson, Nebraska Wesleyan University

Richard Wells, University of Wisconsin, Oshkosh

Peggy Williams, Ithaca College

Bridget Belgiovine, NCAA, recording secretary

Jack Copeland, NCAA

Daniel T. Dutcher, NCAA

Leah Nilsson, NCAA

Susan Peal, NCAA

Leeland Zeller, NCAA

Suzanne Coffey, Division III Management Council chair, and Michael Miranda, Division III Management Council vice-chair, were in attendance. Myles Brand, NCAA president, and Bernard Franklin, NCAA senior vice-president for governance and membership, also attended portions of the meeting. David Beckley, Rust College; Richard Berman, Manhattanville College; Miriam Pride, Blackburn College; and John Roush, Centre College, were unable to attend.

[Note: These minutes contain only actions taken (formal votes or stated "sense of the meeting") in accordance with NCAA policy regarding minutes of all Association entities. While certain items on the Council's agenda were acted on at various times throughout the meeting, all final actions within a given topic are combined in these minutes for convenience of reference.]

The meeting was called to order at 8:10 a.m. by the chair, President McCardell. All members were present as noted above.

1. Announcements. McCardell welcomed Peggy Williams, president, Ithaca College, to the Presidents Council.

2. Previous Minutes. The Council reviewed the minutes of the January 10, 2004, Presidents Council meeting; the January 9 and 12, 2004, Management Council meetings; and the December 17, 2003; January 28, 2004; February 4, 13, 18 and 19, 2004; and March 4, 2004, Administrative Committee actions.

It was VOTED

“That the minutes of the January 10, 2004, Presidents Council meeting, and the December 17, 2003; January 28, 2004; February 4, 13, 18 and 19, 2004; and March 4, 2004, Administrative Committee actions be approved as distributed.”

3. January 12, 2004, NCAA Executive Committee Meeting. The Council reviewed the minutes of the January 12, 2004, Executive Committee meeting.

4. Report of the April 19-20 Division III Management Council Meeting.

a. Committee Reports.

(1) Association-Wide Committees.

l Committee on Sportsmanship and Ethical Conduct (CSMAS). The Council:

¡ Drug Test Sanctions. Approved sponsorship of legislation for the 2005 Convention to amend NCAA Bylaw 18.4.1.5.1 (duration of ineligibility) to allow the Drug-Education and Drug-Testing Subcommittee of the CSMAS to reduce a drug-testing penalty during a drug-test appeal from one year to the next 50 percent of a season of competition in all sports, effective August 1, 2005.

¡ Acceptance of National or International Drug-Testing Suspensions. Approved sponsorship of legislation for the 2005 Convention to amend Bylaw 31.2.3.1.2 (positive drug test – non-NCAA athletics organization) to state that a student-athlete under a drug-testing suspension from a national or international sports governing body that has adopted the World Anti-Doping Agency code shall not participate in NCAA intercollegiate competitions, effective August 1, 2005.

(2) Division III Joint Presidents Council/Management Council subcommittees.

(a) Convention-Planning Subcommittee. The Council:

l Draft 2005 NCAA Convention Schedule. Approved the 2005 Convention schedule.

l Possible Educational Topics – 2005 Convention. Approved the Management Council prioritized recommendations.

(b) Strategic-Planning Subcommittee. The Council approved the Division III strategic plan, noting:

l Incorporation of accountability measures and outcomes once the Executive Committee approves the plan.

l Elimination of the Values, Goals, Priorities overview document in deference to promotion of the full plan.

(c) Future of Division III – Phase II. The Council:

l Future of Division III – Phase II Oversight Group. Approved the amended goal, charge and two-year delineation of responsibilities as follows:

Goal. The governance structure embraces the diversity of the Division III membership; affirms its commitment to the tenets of the Division III philosophy and to work together to ensure that athletics is celebrated as an integral part of each institution’s mission and culture; and encourages its respect for the philosophical tenet of institutional and conference autonomy.

Charge. To implement 2004 Convention Proposal No. 66 Resolution – Division III Strategic Planning and Membership Growth, as well as other issues impacting the future of the division and identified in the strategic plan. Implementation will include research; focus groups; chief executive officer (CEO)-focused institutional surveys; and discussions at various conference and Association meetings, as well as direct contact with CEOs, directors of athletics (ADs), faculty athletics representatives (FARs), senior woman administrators (SWAs), commissioners and student-athletes by members of the Division III Presidents and Management Councils.

Proposed Focus Year 1 (2004-05). Based on membership input (via focus groups and survey) and committee feedback the following issues contained in Proposal No. 66 and related issues will be prioritized and addressed by the governance structure and membership:

¡ Membership Growth. The value and appeal of membership in Division III requires attention to issues of growth, both philosophical and practical.

¡ Membership Diversity. A recognition that the nearly 430 members of Division III represent a broad spectrum of institutions with a diverse and enriching variety of missions, while maintaining a commitment to the Division III philosophy.

¡ Institutional and Conference Autonomy. An emphasis on and support for institutions and conferences to explore the establishment of more restrictive legislative standards and policies, either individually or in concert with like-minded institutions, while operating within the common framework of NCAA regulations.

l Timetable. Approved the timetable.

l Communications Plan and Virtual Focus Groups and Conference Meetings. Approved the recommended communications plan to increase input and feedback among the Management and Presidents Councils and the membership, noting the importance of membership communication and feedback.

l 2004 Convention Voting Analysis. Reviewed the Division III voting analysis.

l College Sports Project Update. Received an update.

(3) Management Council subcommittees. The Council:

(a) 2004 NCAA Convention Proposal No. 59 Subcommittee. Endorsed the actions of the Management Council.

(b) Academic Issues Subcommittee. Endorsed the actions of the Management Council.

(c) Administrative Review Subcommittee. Endorsed the actions of the Management Council.

(d) Playing and Practice Seasons Subcommittee. Endorsed the actions of the Management Council.

(4) Division III committees.

(a) Budget Committee. The Council:

l 2003-04 Year-To-Date Actual Expenses. Received the second quarter 2003-04 year-to-date budget.

l 2004-05 Proposed Budget. Approved the 2004-05 proposed budget.

l 2005-06 Proposed Budget. Approved the 2005-06 proposed budget.

l Division III Reserve. Approved the revised operating reserve policy, including an annual review to determine the appropriate reserve level.

l Division III Financial Disaster Recovery Plan. Approved the plan in principle, pending specific championships recommendations.

(b) Championships Committee. The Council:

l Men’s Golf Automatic Qualification (AQ) Principles. Approved sponsorship of legislation for the 2005 Convention.

l Women’s Golf AQ Principles. Approved sponsorship of legislation for the 2005 Convention.

l Men’s Tennis AQ Principles. Approved sponsorship of legislation for the 2005 Convention.

l Women’s Tennis AQ Principles. Approved sponsorship of legislation for the 2005 Convention.

l Men’s and Women’s Cross Country AQ Principles. Endorsed the Management Council's action to defeat the recommendation for the establishment of AQ principles for the sport of cross country and to refer the issue of enhanced access back to the committee.

(c) Financial Aid and Awards Committee. The Council:

l Financial Aid Reporting Process Financial Support – NCAA Resources. Approved the recommendation to provide each institution participating in the 2004 division-wide pilot with a $1,000 honorium on request, provided the school's financial aid data are submitted by the November 1 deadline. The Council noted: (1) upon receipt of the completed report, the CEO will be notified directly regarding the availability of the honorarium and decide whether to accept it; and (2) a formal thank you will be sent to the person completing the report.

(d) Interpretations and Legislation Committee. The Council:

l Bylaw 16.12.1 – Permissible Benefits – Fund Raisers for Student-Athletes. Approved sponsorship of legislation for 2005.

(e) Membership Committee. The Council endorsed the Management Council's actions.

(f) Nominating Committee. The Council:

l Committee Appointments. Rescinded the appointment of Joy Solomen, Rowan University, to the Division III Football Committee. It also withdrew the appointment of Timothy Bryan, Endicott College, to the NCAA Men's Volleyball Committee to ensure that the appointment process includes all three divisions prior to ratification.

(f) Student-Athlete Reinstatement Committee. The Council:

l Outside Competition – Effects on Eligibility (Bylaw 14.7.1). Approved sponsorship of legislation for 2005 to amend Bylaw 14.2.7.1.3 to remove the penalty of withholding a student-athlete, who meets all of the conditions and administrative criteria of the waiver.

l Scheduled or Completed Contests/Dates of Competition (Bylaws 14.2.6 and 14.2.7). Approved sponsorship of legislation for 2005 to amend the language in the season-of-competition waivers (Bylaws 14.2.6 and 14.2.7) and the hardship legislation (Bylaw 14.2.5) to permit “scheduled or completed” contests or dates of competition (whichever is most beneficial to the student-athlete) to be used in the calculations of the three waivers.

5. 2005 Proposed Legislation. The Council:

a. Noncontroversial Legislative Proposals. Endorsed the actions of the Management Council.

b. Intent-Based Revisions. Endorsed the actions of the Management Council.

c. Incorporations. Endorsed the actions of the Management Council.

d. Administrative Regulations. Endorsed the actions of the Management Council.

6. Presidents Council Nominations Subcommittee. The Council:

a. Elected Ivory Nelson as vice-chair, effective July 1.

b. Solicited interest for a representative to serve on the Division III Budget Committee.

c. Approved the appointment of Richard Torgerson, Luther College, to fill an immediate vacancy. He would be eligible for reappointment in January 2005.

d. Approved a slate of candidates (Richard Flynn, Springfield College, and James Moseley, Franklin for the January 2005 vacancies to be forwarded to the Division III CEOs.)

7. General Issues. The Council:

a. Approved and forwarded to the Executive Committee the requests for a waiver to allow three in-person meetings for 2004-05 and 2005-06 for the Association-wide committees. Also approved the waiver requests for three in-person meetings for the Division III committees.

b. Approved sponsorship of legislation for the 2005 Convention to require NCAA active members, member conferences and provisional or affiliate members, as a condition of membership, to be subject to mandatory binding arbitration of claims arising under federal law against the NCAA, its officers, employees and agents. The Council noted the legislation's:

(1) Immediate effective date.

(2) Implications for state institutions.

(3) Implications for campus governing boards.

(4) Need to include examples in rationale statement.

c. Approved the Association-wide strategic plan and forwarded it to the Executive Committee.

d. Received a presentation on the implementation of the “student first” philosophy.

e. Encouraged President Brand to consider altering the meeting times for the Executive Committee Subcommittee on Gender and Diversity Issues to earlier in the day.

8. Litigation update. Elsa Cole, NCAA general counsel, provided an update on current litigation.

9. Adjournment. The meeting adjourned at 1:45 p.m.

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