August 2004 Division III Presidents Council minutes

MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

DIVISION III PRESIDENTS COUNCIL

NCAA National Office August 5, 2004

Indianapolis, Indiana

Participants:

David Beckley, Rust College

David Carter, Eastern Connecticut State University

John Fry, Franklin & Marshall College

Dale Knobel, Denison University

Ivory Nelson, Lincoln University (Pennsylvania)

Phillip Stone, Bridgewater College (Virginia), chair

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

Huber, Kati, 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. Bernard Franklin, NCAA senior vice-president for governance and membership, attended a portion of the meeting. Katie Willett, an intern from Bates College, also attended the meeting.

Richard Berman, Manhattanville College; Jane Margaret O’Brien, St. Mary's College of Maryland; Miriam Pride, Blackburn College; John Roush, Centre College; Deborah Stanley, State University of New York at Oswego; and Richard Torgerson, Luther 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 8:05 a.m. by the chair, President Stone. All members were present as noted above.

1. Announcements. Stone welcomed members and staff to the meeting. He introduced Kati Huber, NCAA governance intern, and Katie Willett, and intern from Bates College.

2. Previous Minutes. The Council reviewed the minutes of the April 29, 2004, Presidents Council meeting; April 19-20, 2004, Management Council meeting; and the July 1, 2004, Administrative Committee action.

It was VOTED

“That the minutes of the April 29, 2004, Presidents Council meeting, and the July 1, 2004, Administrative Committee action be approved as distributed.”

3. April 29, 2004, NCAA Executive Committee Meeting. The Council reviewed the minutes of the April 29, 2004, Executive Committee meeting.

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

a. Committee Reports.

(1) Association-Wide Committees.

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

o NCAA Bylaw 18.4.1.5.1 Duration of Ineligibility for Breach of Protocol. Approved sponsorship Sponsor legislation to amend NCAA Bylaw 18.4.1.5.1 (ineligibility for use of banned drugs – durations of ineligibility) to include language that defines a student-athlete breach of drug-testing protocol (e.g., no-show, tampering with a sample) as the same as a positive test for a non-street drug, effective August 2005.

o Football Preseason Acclimatization Model – Research and Educational Materials. Endorsed the preseason acclimatization model for football, noting the importance of additional research and data.

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

(a) Convention-Planning Subcommittee. The Council:

· Approved the schedule, noting concern with the overlap between the Division III Forum and President Brand's chief executive officer (CEO) breakfast.

· Additional Monday programming for consideration:

o Gambling study update and Division III implications.

o Active member education opportunities/tools.

o Division-wide financial aid data management system (FADMS) pilot.

o Division III strategic planning, including testimonial of initiatives.

· Possible topics for CEO luncheon:

o Future of Division III – Phase II.

o Role of association of governing boards.

o Funding of Division III athletics programs.

o President Brand – review key Association-wide
issues and issues in other divisions.

(b) Strategic-Planning Subcommittee. The Council approved the
Division III strategic plan, noting a clarification regarding the resource allocation information.

(c) Future of Division III – Phase II. The Council reviewed and approved the draft membership survey and Management Council recommendations, noting the importance of campus dialogue prior to CEO submission by the September 30 deadline.

(3) Management Council subcommittees. The Council:

· Playing and Practice Seasons Subcommittee. The Council:

o Approved sponsorship of legislation to amend Bylaw 17.1.7-(g) to exempt the National Collegiate Gymnastics national championship from the playing and practice season for the sport of women's gymnastics.

o Approved sponsorship of legislation to permit separate 19-week segments and separate contest limitations in alpine and Nordic skiing.

o Endorsed plans to conduct a baseline survey in the 2004 preseason to gather information on the time and intensity of athletics activities (e.g., hours spent, time of day, intensity of activity) in the preseason for fall sports other than football.

(4) Division III committees. The Council:

(a) Budget Committee. Endorsed the actions of the Management Council.

(b) Championships Committee. The Council:

· Approved a financial aid contingency plan for use in guiding discussions that would be necessary in the event of an Association-wide catastrophic financial situation. The Council also noted the cancellation of all championships as an additional option for consideration.

(d) Infractions Committee. Endorsed the actions of the Management Council.

(e) Interpretations and Legislation Committee. The Council approved sponsorship of legislation to amend Bylaw 14.5 so that a transfer student will not be considered to have "participated in intercollegiate athletics" when his or her only participation was during a preseason practice period (i.e., prior to the first regular-season contest or date of competition).

(f) Membership Committee. The Council endorsed the Management Council's recommendation to grant active member status to Huntingdon College conditioned on the school's successful completion of an educational program during the 2004-05 academic year. The Council noted its desire for specific legislative and policy recommendations.

(g) Nominating Committee. Endorsed the actions of the Management Council.

(h) Student-Athlete Advisory Committee. Endorsed the actions of the Management Council.

(i) Student-Athlete Reinstatement Committee. Endorsed the actions of the Management Council.

5. 2005 Proposed Legislation. The Council:

a. Membership-Sponsored. Endorsed the actions of the Management Council.

b. Governance-Structure Sponsored. Approved sponsorship of legislation for the 2005 Convention to:

(1) Amend Constitution 3.2.4 to require active members, member conferences, provisional members and 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; further, to require all member conferences and affiliated members also to be subject to mandatory binding arbitration of claims arising under state law.

(2) Amend Bylaw 14.2.5 to specify that completed to scheduled contests/dates of competition may be used in determining whether a student-athlete may be granted an additional year of participation through the hardship waiver and season-of-participation waiver legislation.

(3) Amend Bylaw 14.2.7.1.3 to eliminate the withholding penalty from season-of-participation – competition while eligible waiver.

(4) Amend Bylaw 18.4.1.5.1 to permit an institution to appeal the one-year drug testing penalty to the Committee on Competitive Safeguards and Medical Aspects of Sports; further, to permit the penalty to be reduced to the next 50 percent of the contests (or dates of competition) in a season or eliminated.

(5) Amend Bylaw 31.2.3.1.2 to specify 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 be eligible for intercollegiate competition for the duration of the suspension.

(6) Amend Bylaw 31.3.4.4, in golf and tennis, to establish automatic qualification principles.

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

d. Intent-Based. Endorsed the actions of the Management Council.

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

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

7. General Issues. The Council:

a. Endorsed the new CEO orientation program, noting the possible addition of Division III CEO mentors.

b. Agreed to develop a policies and procedures document and to the appointment of a subcommittee: David Carter, Phil Stone and Rick Wells.