INUTES OF THE
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
DIVISION III PRESIDENTS COUNCIL
Participants:
Joseph Bascuas,
David L. Beckley,
Richard Flynn,
John Fry,
James Moseley,
Ivory Nelson,
Miriam R. Pride,
Deborah Stanley, State
Paul Trible,
Richard Torgenson,
Richard Wells,
Peggy R. Williams,
Matt Banker, NCAA
Bridget Belgiovine, NCAA, recording secretary
Jack Copeland, NCAA
Daniel T. Dutcher, NCAA
Jennifer Kearns, NCAA
Debbie Kresge, NCAA
Leah Nilsson, NCAA
Susan Peal, NCAA
Valerie Cushman, Division III Management Council vice-chair and Michael Miranda, Division III Management Council chair, also were in attendance. Myles Brand, NCAA president; Elsa Cole, NCAA general counsel; and Bernard Franklin, senior vice president for governance and membership, attended portions of the meeting. Pamela Gann, president of Claremont McKenna-Harvey Mudd-Scripps Colleges was unable to attend the meeting.
[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 a.m. by the chair, President Nelson. The Council started with an Executive Session, followed by the meeting. All members were present as noted above.
1. Announcements. Nelson welcomed the Council members and staff.
2. Mascot
Appeal to Executive Committee.
The Council convened an executive session to review a Native American
Mascot appeal to the Executive committee from
3. Review Roster, Future Meeting Schedule, and the Division III Newsletter. The Council reviewed the documents, noting no action.
4. Previous Minutes. The Council reviewed the minutes of the April 27 Presidents Council meeting.
It was VOTED
“That the
minutes of the April 27 Presidents Council meeting be approved as
distributed.”
5. April 27 NCAA Executive Committee Meeting. The Council reviewed the minutes of the April 27 Executive Committee meeting.
6. Report of the July 17-18 Division III Management Council Meeting.
a. Association-Wide Committees.
(1) Competitive Safeguards and Medical Aspects of Sports. The Council approved the following recommendations regarding a Division III year-round drug education and testing pilot:
(a) Allocate $325,000 for 2006-07 for enhanced alcohol, tobacco and other drug education programming for Division III institutions through the promotion of an annual “Model Alcohol and Drug Education Program” and two existing NCAA grant programs (CHOICES Grants and Health and Safety Speakers Grant).
· Provide five additional institutions (total of eight for 06-07) a CHOICES Grant ($150,000).
· Provide $1,000 grants to 100 additional institutions ($100,000) per NCAA Health and Safety Speakers Grant.
· Provide $500 matching speaker’s grants to 150 institutions with approved Association-wide funding ($75,000).
(b) Implement for 2007-09 a voluntary two-year (academic year September-May) comprehensive drug education and testing pilot program without penalties for approximately 100 Division III institutions. Annual overall cost = $500,000 with up to $250,000 of testing costs through matching Association funds committed by President Brand.
· Education: $1,000 x 100 schools = $100,000.
· Testing: $250/test x 16 student-athletes per school x 100 schools = $400,000 (20 student-athletes = $500,000).
· Total cost: $500,000 ($600,000) with up to $250,000 through Association matching funds.
The Council noted the strong support of the Student-Athlete Advisory Committee (SAAC) for these recommendations based on concerns for student-athlete well being, as well as competitive equity. The Council requested the Committee on Competitive Safeguards and Medical Aspects of Sports present a detailed implementation plan at its October meeting and to report regularly on the program’s effectiveness, noting its intent to carefully review results of the initiative before making any decision to extend testing beyond the pilot.
(2) Committee on Sportsmanship and Ethical Conduct. The Council approved sponsorship of legislation for the 2007 Convention to amend Bylaw 10.3 as amended to specify and more clearly articulate gambling activities prohibited under NCAA legislation, as well as to identify specific nonathletics department staff members (i.e., president, faculty athletics representative, individual to whom athletics reports) covered by the legislation. The Council noted:
· Institutional application for specific individuals may be complicated.
· Compliance and enforcement burden for athletics.
b. Division III Joint Presidents Council/Management Council Subcommittees.
(1) Convention-Planning Subcommittee. The Council:
(a) 2007 NCAA Convention Schedule. Approved the 2007 Convention schedule as noted below:
· Friday, January 5 – Management Council meeting will be 8 a.m. to 5 p.m.
· Saturday, January 6 – Division III commissioners will meet from 7:30 a.m. to 1 p.m.
· Saturday, January 6 – Joint MC/PC/SAAC brunch from 8:30 to 10 a.m., followed immediately by the Presidents Council meeting from 10:30 a.m. to 1 p.m.
· Saturday, January 6 – FARA – Association-wide programming from 10:30 a.m. to 2 p.m.
· Saturday, January 6 – NADIIIAA session will be from 10:30 a.m. to Noon and 1:30 to 3 p.m.; Senior Administrator with Athletics Oversight meeting from 2 to 3:30 p.m.; NCAA Opening Business Session from 4 to 5:30 p.m.; followed by a Division III Presidents Council Hosted Reception from 5:30 to 6:30 p.m.
· Sunday, January 7 – President Brand will host a breakfast for chancellor/presidents from all three divisions from 8 to 9:30 a.m. [Note: Subsequently changed to 7:30 to 8:30 a.m.] The delegate’s reception will be held from 5 to 6:30 p.m., followed by the NCAA Honors Celebration from 6:45 to 8:45 p.m.
· Sunday, January 7 – Division III Forum from 9 to 11:30 a.m., [Note: Subsequently changed to 8:30 to 11:30 a.m.] followed by the Chancellors/Presidents Issues Forum and lunch.
· Monday, January 8 – Division III Business Session from 8 a.m. to 3 p.m.
(b) Division III Sunday Issues Forum Topics. Approved the Sunday Issues Forum topics noting a goal of greater membership dialogue:
· NCAA and Campus Partnership – Integration in Division III: What does It Mean; How Do We Achieve It; Are We Creating an Overall Positive Environment?
· Ethical Athletic Administration.
· NCAA Executive Committee Working Group to Study Membership Issues – Update (Legislative concepts and long-term options).
· 2007 Legislative Proposals – Case Scenarios and Pros and Cons.
(c) Chancellor/Presidents Luncheon and Issues Forum Topics. Approved the topics for the Chancellor/Presidents Luncheon and Issues Forum noting the opportunity for additional dialogue with members of the newly established Chancellor/Presidents Advisory Group:
· NCAA SCORE (Study of College Outcomes and Recent Experiences) Study Update. A survey of 1994 high school graduates that addresses academic attainment, career trajectories health and well being, tolerance and overall satisfaction with their collegiate experience.
· Division III Strategic Initiative Grant Program – Engagement of all constituents – “Role of Chancellors/Presidents.”
· Legislative Review.
(d) Division III Business Session Topics. Approved the following recommendations for the Division III Business Session:
· Financial Aid Reporting Process – Results and Possible Changes; Commitment to Core Tenet.
· Division III student-athlete well being – ways to address substance abuse through academic year-round drug education and testing program.
· Creating an Effective Athletics Leadership Team – legislative and legal issues of SWA.
· Nominating Committee update.
· Voting.
(2) Strategic-Planning Subcommittee. The Council:
(a) Division III Strategic Plan – 2006 Update. [Attachment] Approved the 2006-updated plan consistent with feedback and amendments provided by the Chancellor/Presidents Advisory Group.
(b) Division III Strategic Initiatives Conference Grant Program. Approved the general themes timeline, and missed deadline expectations to be communicated to each Division III conference and Association of Independents specific to the Year-One Strategic Initiatives Conference Grant review process. The Council also noted the positive feedback from the Chancellor/Presidents Advisory Group and support for consideration of additional funds to enhance the Grant program.
· General Themes – Requisition Forms.
° Educational programming as opposed to expendable “giveaway items” should be the focus for Tier II resources. Tier III provides greater flexibility.
° Greater detail of educational programming plans and allocation of resources in Tier II will be expected for future Requisition Forms.
° Greater detail of allocation of resources will be expected in Tier III for future Requisition Forms, particularly related to campus distribution.
° Completed signature page by the deadline will be an expectation for the 2007 process.
° SAAC representative signature must be a current student-athlete, not a professional that serves in an advisory capacity.
· General Themes – Impact Forms.
° Specificity of detail will be required related to each of the three Tiers (e.g., Tier I, individuals traveling, institution, event, allocation; SAAC programming allocation; Tier II, specific programs by conference or each institution, impact, speakers/consultants, allocation of funds).
° Conference accountability is expected for those that divide resources among members, particularly for Tiers II and III consistent with DIII strategic plan and grant expectations (e.g., detailed specific institutional programs, use of resources, impact, etc).
° A complete Impact Form will be expected including detail for each tier and signatures by the July 1, 2007, deadline.
· Timeline for 2006-07. Approved the updated submission dates, consistent with conference fiscal and planning processes:
° June 1, 2007 – Requisition Forms.
° July 1, 2007 – Impact Forms.
° August 15-25, 2007 – Conference Notification.
° September 15, 2007 – Check Distribution.
· Missed Deadline – Impact on Review Process. Missed deadlines create an impact on the timeline for the subcommittee review process. Consider the following implications for the grant process related to a missed Requisition or Impact Form deadline, beyond a reasonable one reminder and five day work week requested extension:
° Possible loss of grant opportunity.
° Possible 10 percent penalty of grant allocation.
c. Management Council Subcommittees. The Council endorsed the Management Council recommendation:
· Playing and Practice Seasons Subcommittee. Approved sponsorship of legislation for the 2007 Convention to amend Bylaw 17.1.9.4 to specify that a maximum of eight hours of athletically related activity may occur on the one day of competition in the nontraditional segment for all participants. Further, to specify the following competition activity limitations by sport for the one day of competition in the nontraditional segment; effective immediately following close of convention:
° Baseball – equivalent of two regulation baseball games (i.e., 18 innings).
° Field Hockey – the time equivalent of two regulation field hockey contests (i.e., 140 minutes of competition).
° Men’s and Women’s Lacrosse – the time equivalent of two regulation lacrosse contests (i.e., 120 minutes of competition).
° Men’s and Women’s Soccer – the time equivalent of two regulation soccer contests (i.e., 180 minutes of competition).
° Softball – equivalent of three regulation softball games (i.e., 21 innings).
° Volleyball – 15 regulation volleyball games.
The Council also noted the importance of sport-specific clarification in development of the legislative question and answer document.
d. Division III Committees. The Council:
(1) Student-Athlete Advisory Committee (SAAC).
(a) 2007 Convention Legislation – Bylaw 14.2.4.1, Seasons of Participation. Declined co-sponsorship for the 2007 Convention of a proposal that would allow a student-athlete to practice throughout the nontraditional segment without using a season of competition, noting that the membership will have the opportunity to vote on the proposal as submitted by three member conferences. The Council expressed concern that the proposal could be viewed as a form of redshirting.
(b) 2007 Convention Legislation – Recruiting Telephone Call Limits. Declined sponsorship of legislation to limit to one per week the number of telephone calls (including e-mail; instant messages; text message) an athletics department representative and enrolled student-athletes can make to a prospective student-athlete. The Council agreed to engage in a review of the impact of recruiting activities including; additional or alternative solutions to address balance of time demands for coaches and student-athletes; intrusion on prospects; and diverse institutional recruiting needs. The Council recommended solicitation of feedback from the Virtual Focus Groups.
(c) Male Practice Players. Approved sponsorship of legislation for the 2007 Convention to establish the following criteria for the use of male practice players in Division III women’s sports.
· Male practice players should only be allowed in the traditional segment;
· The use of male practice players should be restricted to one practice a week;
· The number of male practice players allowable for each team sport should not exceed half of the number required to field a starting unit in that sport;
· Male practice players must be NCAA certified to participate (See Management Council Supplement No. 11 – Playing and Practice Seasons);
· Male practice players should be afforded appropriate medical coverage (NCAA Bylaw 16.4 and Constitution 3.2.4.8); and
· Male practice players shall use a season of eligibility in the appropriate sport should they continue to practice after the first contest of the traditional season (NCAA Bylaw 14.2.4.7).
(2) Budget Committee. The Council endorsed the actions of the Management Council.
(3) Championships Committee. The Council:
· Field Hockey Date Formula. Referred back to the Championships Committee the recommendation to change the field hockey championship date formula from the Friday and Saturday prior to Thanksgiving weekend to the Saturday and Sunday prior to Thanksgiving weekend, effective 2006-07.
(4) Financial Aid Committee. The Council endorsed the actions of the Management Council.
(5) Interpretations and Legislation Committee. The Council:
(a) 2007 NCAA Convention Legislation – NCAA Constitution 5.3.4.1 (Amendment) and 5.3.4.2 (Amendment-to-Amendment). Approved sponsorship of legislation for the 2007 Convention with an immediate effective date, to increase the threshold for membership-sponsored proposals to 20 active member institutions or two voting conferences.
(b) 2007 Convention Legislation – NCAA Bylaw 13.11.1.5 (Tryout Camps). Approved sponsorship of legislation for the 2007 Convention, with an effective date of August 1, 2007, to amend Bylaw 13.11.1.5 (tryout camp, combines) to prohibit an institution from hosting or sponsoring at any location a tryout camp, clinic, group workout or combine event devoted to agility, flexibility, speed and strength test of prospective student-athletes.
(c) Legislative Cycle Project Team. Agreed to recommend to the Executive Committee that the current legislative calendar and Council meeting schedule be retained.
(6) Membership Committee. The Council
(a) 2007 NCAA Convention Legislation – Provisional and Reclassifying Membership. Agreed to sponsor the following legislative package for the 2007 Convention and to adopt noncontroversial legislation to extend the current membership moratorium through January 2008.
· Establish a maximum provisional and reclassifying total class size of four and establish a waiver process for classes larger than four. Waivers shall be based on recommendation of the Membership Committee as approved by the Management Council.
· Increase the provisional and reclassifying member fee to $20,000.
· Accept or reject provision and reclassifying member applications based on meeting all of the following standards at the time of application:
° Compliance with the five- (six)-sport/three-season and minimum contest and participant requirements;
° Satisfactory completion of a viability statement describing the institution’s commitment to the Division III philosophy statement;
° Sponsorship by an active Division III member, including the establishment of a good-faith mentoring relationship and a letter or recommendation signed by the sponsoring institution’s president, athletics director, senior woman administrator and faculty athletics representative; and
° Demonstration of the existence of a compliance system.
· Establish the following as priorities that the committee should consider in its placement of institutions in a provisional/reclassifying class (not in rank order):
° Geographic location in an area that needs or can support new members;
° Reclassifying versus provisional status;
° Existing or potential membership in an active Division III conference; and
° Profile of sports sponsorship in accordance with broad-based program philosophy.
· Require institutions to be in full compliance with all Division III regulations in each year of provisional membership, consistent with the current requirement for reclassifying members and maintain the existing legislative standard (Constitution 3.6.1.2.1.2) regarding the awarding of athletically related financial aid in years one and two of the provisional membership process.
(b) 2007 Convention Legislation – Active Membership. Approved sponsorship of the following legislative package for the 2007 Convention, pending outcome of discussion regarding membership growth issues (e.g., possible Division IV). The Council noted significant feedback from Chancellor/Presidents Advisory Group related to dues and current status of Division III budget reserve.
· Audit the results and action plans of selected institutional self-studies, as authorized by Constitution 6.3.1 per the Institutional Self-Study Guide (ISSG) with a focus on legislative issues and results of action plan in areas of deficiencies. (Policy)
· Conduct an annual review of satisfactory sports sponsorship for all Division III institutions by reviewing the institutionally reported figures for completed contests and participants. Further, to annually audit the reported information for five percent of the membership based on random selection or committee concern. Any application of membership penalties (probation or restricted membership status) based on this audit shall be based on information reported for the 2006-07 year and beyond. (Policy)
· Require annual registration and attendance by a voting delegate at the NCAA Convention. (Legislation)
· Require attendance by at least one institutional representative at the NCAA Regional Rules Seminar at least once every three years. (Legislation)
· Require that the NCAA Division III rules test be administered to all head coaches and athletics administrators with compliance responsibilities on an annual basis. (Legislation) The institutional sports sponsorship form shall be updated to ask the institution to verify administration of the rules test. (Policy)
· Require each institution placed on probation or restricted status to complete the athletics program assessment (a tool to assess the strength of the institution’s compliance program), and to provide these institutions with the “models for success for a Division III athletics program” as an informational document. (Policy)
It was recommended that the Strategic-Planning Subcommittee consider an increase of funds in Strategic Initiatives Grant Tier I to support constituent travel to the NCAA Convention and Regional Rules Seminars. (Policy)
(c) Provisional
Member Annual Reports – Active Membership. Approved the recommendation to grant the
following institutions, effective September 1, 2006, active membership:
(d) Provisional
Member Annual Reports – Fourth Year of Provisional Membership. Approved the recommendation to move the
following institutions, effective September 1, 2006, into the fourth year of
provisional membership:
(e) Reclassification
Request – Fourth Year of Reclassification. Approved the recommendation to move
(f) Provisional
Member Annual Reports – Third Year of Provisional Membership. Approved the recommendation to move the
following institutions, effective September 1, 2006, into the third year of
provisional membership:
(g) Provisional Member Annual Reports – Repeat of Third Year of Provisional Membership. Approved the recommendation that Mount Mary College, effective September 1, 2006, repeat the third year of provisional membership for failure to meet the sports sponsorship requirements as set forth in Constitution 3.6.1.4 (five-sport/three-season requirement) and Bylaw 20.11.3.3 (minimum contests and participants requirements for sports sponsorship).
(h) Reclassification
Request – Third Year of Reclassification. Approved the recommendation to move the
(i) Provisional
Member Annual Reports – Second Year of Provisional Membership. Approved the recommendation to move the
following institutions, effective September 1, 2006, into the second year of
provisional membership:
(j) 2006-08 Provisional Member Applications. Approved the recommendation to accept the following 06-07 applications for Division III provisional membership, with specifically noted first year of provisional status (each institution completed its exploratory year in 2005-06): University of Cincinnati Clermont College (2008-09); Doane College (2008-09); Geneva College (2007-08); Lancaster Bible College (2007-08); Penn State Harrisburg (2007-08); Spalding University (2007-08); and State University of New York at Cobleskill (2008-09).
(k) 2006-07
Reclassifying Member Applications.
Approved the recommendation to accept the following applications,
effective beginning 2007-08, for Division III reclassifying membership (both
institutions requested one-year delay in start): Birmingham Southern College (2007-08);
and
(l)
(m) D’Youville College – Restricted Membership Status. Approved the recommendation to place D’Youville College, effective 2006-07, on probation based on notification of a failure to meet sports sponsorship requirements in 2004-05 and 2005-06. D’Youville did not meet the minimum contests and participant’s requirements for the sport of golf during the 2004-05 and 2005-06 academic years.
(n)
(7) Nominating Committee. The Council endorsed the actions of the Management Council.
7. 2007
Proposed Legislation. The Council:
a. Membership-Sponsored. Endorsed the actions of the Management Council.
b. Governance-Structure Sponsored.
(1) Ethical Conduct – Gambling Activities – Sanctions – Timing of Reinstatement Request (PC-2). Approved the legislative proposal for the 2007 Convention to eliminate the requirement that a request for reinstatement of a student-athlete’s eligibility may be submitted only on fulfillment of the minimum one-year period of ineligibility for instances in which a student-athlete solicits or accepts a bet or participates in any gambling activity that involves intercollegiate athletics or professional athletics, through a bookmaker, a parlay card or any other method employed by organized gambling.
(2) Personnel
– Conduct of Athletics Personnel – Sports Safety Training
(PC-3). Approved the legislative proposal for
the 2007 Convention to specify that at least one individual be certified in
first aid, cardiopulmonary resuscitation (CPR) and automatic external
defibrillator (AED) use and familiar with emergency plan activation policies
shall be present at each practice, competition and strength and conditioning
session involving student-athletes.
The Council noted possible legal implications related to availability of
AED equipment with trained individuals.
c. Noncontroversial. Endorsed the actions of the Management Council.
d. Modification of Wording. Endorsed the actions of the Management Council.