RELATED TO
MANAGEMENT COUNCIL
SUPPLEMENT NO. 11

NCAA DIVISION III MANAGEMENT COUNCIL

ADMINISTRATIVE REVIEW SUBCOMMITTEE

Summary of Recommendations

ACTION ITEM ? MANAGEMENT COUNCIL ONLY

ISSUE:		Policies and Procedures.
Subcommittee Recommendation:
	Approve the subcommittee's amended policies and procedures to clarify the following issues: (a) permitting the chair to determine that the subcommittee may reconsider a request even if the new information standard is not met; and (b) in cases where assertions are made regarding another member institution or conference as a basis for relief, that party shall be provided all materials and an opportunity to respond in writing within ten business days.
Management Council Action:
	Approved the recommendation.

ITEMS OF INFORMATION

1. ISSUE:		Review of Staff Decisions, Subcommittee Decisions and Reconsideration Requests.
Subcommittee Action:
	The subcommittee reviewed the cases that were staff denied and appealed to the subcommittee and reconsideration requests decided by either the staff or the subcommittee from September 2, 2002, through August 31, 2003. The subcommittee noted that 24 cases denied by the staff were appealed to the subcommittee. The subcommittee also noted that there was one staff-granted case, four subcommittee-granted cases and 19 subcommittee-denied cases (four of which were denied on appeal). There were no cases for reconsideration during this time period, and none of these cases were appealed. The subcommittee approved the staff to decide cases even in the absence of case precedent. The subcommittee noted that staff may forward cases when it cannot reach a consensus on an issue; however, it is expected that the number of forwarded cases will decrease. The subcommittee indicated that cases with national significance should be forwarded to the subcommittee. Lastly, the subcommittee determined that it will review staff decisions on a periodic basis and may archive staff decisions it does not support.

Management Council Action:
	Accepted the information.
2. ISSUE:		Information Standards for Transfer Requests Involving Assertions of Misinformation.
Subcommittee Action:
	The subcommittee reviewed the case precedent and affirmed the continued application of the October 1999 information standards in cases involving assertions of misinformation. The subcommittee also affirmed that the staff should continue to include consideration of other factors especially the student-athlete?s academic record. The subcommittee reviewed whether relief is appropriate for circumstances when the sources of academic misinformation are coaching staff members from a two-year institution, an NCAA institution or an NAIA institution.
Management Council Action:
	Accepted the information.
3. ISSUE:		Standards for Transfer Requests Involving Assertions of Academic and Athletics Reasons.
Subcommittee Action:
	The subcommittee reviewed case precedent and affirmed the continued application of the October 2000 academic and athletics directives regarding transfer-waiver requests. However, the subcommittee directed the staff to continue to review requests on a case-by-case basis for extenuating circumstances, which may warrant relief from the transfer legislation.
Management Council Action:
	Accepted the information.
4. ISSUE:		Information Standards for Transfer Requests Involving Financial Hardship and Injury or Illness.
Subcommittee Action:
	The subcommittee reviewed case precedent and affirmed the October 2000 information standards for assertions of financial hardship and the directive to deny requests involving a transfer for financial reasons in which the documentation is not provided to meet the information standards. The subcommittee noted that when a student-athlete?s transfer is a result of specific event causing a financial hardship and supporting objective documentation is provided, relief from the transfer year in residence may be considered.
Management Council Action:
	Accepted the information.
5. ISSUE:		Minimum-Amount-of-Competition/Seasons-of-Competition Waiver ? Competition While Eligible.
Subcommittee Action:
	The subcommittee noted that from January 1, 2002, through July 31, 2003, the subcommittee processed 15 cases. [Note: For competition occurring after August 1 the requests will be processed under the season-of-competition waiver and thus administered by the NCAA Division III Student-Athlete Reinstatement Committee.] Of the 15 cases processed, six were granted with conditions, and nine were denied. All six cases granted did not meet the established criteria of the waiver but were granted based on the extraordinary circumstances.
Management Council Action:
	Accepted the information.