III NOTICE NCAA Convention Division III Official Notice Annual Convention

III NOTICE 2009 NCAA Convention Division III Official Notice 103rd Annual Convention January 14-17, 2009 Washington, D.C. III NOTICE 2009 NCAA Convention Division III Official Notice 103rd Annual Convention January 14-17, 2009 Washington, D.C. Official Notice 103rd Annual Convention On behalf of the NCAA Executive Committee, the Division III Presidents Council and the Division III Management Council, we extend a cordial invitation to each NCAA member to be represented at the Association’s 103rd annual Convention scheduled January 14-17, 2009, in Washington, D.C. It is our pleasure to issue this Official Notice of the 2009 Convention. This publication is sent to the president or chancellor, faculty athletics representative, director of athletics and senior woman administrator at each active NCAA Division III member institution, as well as to the officers of member conferences and provisional member institutions. This Official Notice contains a schedule of meetings and sessions that are a part of the 2009 Convention. [Please note: The schedule is subject to change. Please refer to your Convention Program for the most up-to-date meeting sites and times.] This Official Notice also contains legislation for consideration at the Division III business session of the 2009 Convention, including amendments-toamendments. It also contains the necessary information concerning the accreditation of delegates, voting procedures and other Convention policies. We encourage each member to review the information related to the activities in which you will be involved before attending the Convention. It is particularly important that each Division III delegate bring a copy of the Official Notice to the Convention. The Official Notice will be the only publication containing all Division III Convention legislation. In addition to the consideration of legislation, Divisions III delegates also may participate in educational and discussion sessions about topics of concern within the division. We hope you will arrive in time to join delegates from all divisions at the opening general session Thursday afternoon. The NCAA Honors and Delegates Celebration will be held Thursday evening immediately following the opening business session. We hope that each member of the Association will be in attendance at the 2009 Convention. We look forward to seeing you in Washington, D.C. Michael F. Adams Legislation Prepared By: Jay Jones, Director of Membership Services; Jeff Myers, Associate Director of Membership Services. Distributed to directors of athletics, faculty athletics representatives, senior woman administrators, compliance coordinators, president or chancellors and conference commissioners. NCAA, NCAA logo and NA TIONAL COLLEGIA ATHLETIC ASSOCIA TE TION are registered marks of the Association and use in any manner is prohibited unless prior approval is obtained from the Association. President, University of Georgia Chair, NCAA Executive Committee THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION P.O. Box 6222 Indianapolis, Indiana 46206-6222 317/917-6222 www.ncaa.org November 2008 James Barker President, Clemson University Chair, Division I Board of Directors Stephen M. Jordan John Fry President, Metropolitan State College of Denver President, Franklin & Marshall College Chair, Division II Presidents Council Chair, Division III Presidents Council November 15, 2008 iii Table of Contents Proposal No. Title Page Proposal No. *No.8 (No.2-12) Title Page Division III Legislative Proposals PRESIDENTS COUNCIL GROUPING *No. 1 (No. 2-11) Playing and Practice Seasons — Foreign Tours — Sanctioned Outside-Team Tours ..........................................1 Playing and Practice Seasons — Athletically Related Activities — Specific Workout Programs ................................3 Playing and Practice Seasons — Preseason Practice — Traditional Segment — Cross Country, Field Hockey, Golf, Rugby, Soccer, Tennis and Women’s Volleyball ..............4 Playing and Practice Seasons — Ice Hockey — Preseason Practice — October 15 ..................6 Playing and Practice Seasons — General Playing Season Regulations — Required Days Off — All Sports — Conference and Postseason Tournaments ....................................7 Eligibility — Criteria for Determining Season of Eligibility — Minimum Amount of Participation — Competition During the Nontraditional Segment — Baseball, Field Hockey, Lacrosse, Soccer, Softball and Women’s Volleyball ..............................................8 Division Membership — Definitions and Applications — Emerging Sports for Women — Removal of Archery, Badminton, Synchronized Swimming, Team Handball From List of Emerging Sports for Women and Addition of Equestrian to List of Emerging Sports for Women ..............................9 *No.9 (No.2-1) *No.10 (No.2-3) Executive Regulations — Selection of Teams and Individuals for Championships Participation — Selection Criteria — Availability of Data Throughout Season ........13 Personnel — Conduct of Athletics Personnel — Sports-Safety Training..................................15 Recruiting — Tryout Exceptions — Facility Usage by Outside Organization ..........16 *No. 2 (No.2-6) GENERAL GROUPING No. 11 (No.2-2) Recruiting –Tryout Exceptions — Use of Facilities for Activities Related to a Nonsponsored Sport ..........................................18 Playing and Practice Seasons — End of Regular Season — All Sports with a Fall Nontraditional Segment ....................................19 *No. 3 (No.2-9) No. 12 (No.2-8) *No.4 (No.2-10) *No.5 (No.2-7) * Designated by NCAA Division III Presidents Council for roll-call vote. *No.6 (No.2-5) *No.7 (No.2-4) iv v A B C D E F G H I J K L APPENDIXES Voting in Division III Business Session ................................................25 Interpretations to be Included in the 2009-10 NCAA Division III Manual..............................................................................27 Noncontroversial Legislation Adopted by the NCAA Division III Management Council ..........................................................................31 Division III Modifications of Wording Pursuant to NCAA Constitution 5.4.1.1.1 ..........................................................................55 Index to Legislative Proposals................................................................61 Legislative Proposal Number Changes ..................................................63 Legislative Proposal Number Changes ..................................................65 Convention Voting Procedures ..............................................................67 2009 NCAA Convention Meeting Schedule (Division III Delegates) ..71 Convention Lanyards, Badges and Voting Procedures ........................75 NCAA Governance Structure ................................................................76 Request for Interpretation ......................................................................79 Accrediting of Delegates Association policy provides that the appointment of accredited and visiting delegates is the responsibility of the president or chancellor of each member institution or organization. The official form for the appointment of delegates was made available to the president or chancellor of all member institutions and organizations October 13, 2008, on the NCAA Web site. It is important that the voting delegate be properly accredited, and this is to urge appointing officers to submit the completed forms to the NCAA national office at their earliest convenience. Please note also that the governance legislation of each division urges member institutions to include women in their NCAA Convention delegations. An institution’s or organization’s president or chancellor shall appoint the voting and alternate delegates by completing the delegate appointment form. The transfer of voting rights among the delegates is a matter of institutional discretion. If an institution’s or organization’s president or chancellor fails to submit the delegate appointment form, that institution’s representatives will be registered as visitors until the president or chancellor certifies in writing the voting and alternate delegates. No other institutional representatives are permitted to complete a delegate appointment form. Once the delegate appointment form has been signed by the president or chancellor, no one may be added as a voting or alternate delegate without written instructions from that president or chancellor. Thus, no individual appointed as a visitor may become a voter or alternate without written authorization from the president or chancellor. Visiting delegates, except in certain situations, do not have speaking privileges at the Convention. At the Convention, each individual representing a member school or conference who registers receives a Convention badge designating the individual as a delegate. Voting delegates receive red lanyards and alternate delegates receive blue lanyards. Delegates with speaking rights receive green lanyards, delegates without speaking rights and other observers receive white lanyards. Speakers and presenters for menu sessions will receive badges with an orange color designation. NCAA staff will receive badges with a blue color designation. Presidents and chancellors of member institutions will also have a red color designation on their name badge signifying their professional title. [See Appendix J]. The Convention registration fee was $250 for all delegates who registered on or before Monday, October 13, and $375 for all delegates who register by Friday, December 5. Member registration fees after December 5 are $500. The registration fee includes access for one person to the following events if space is available: the Honors and Delegates Celebration, vii vi one delegates breakfast, one delegates luncheon, the trade show reception and access to the complimentary soft-drink bar, in addition to all Convention materials. Additional Honors and Delegates Celebration tickets are available to guests for $40 each. Additional trade show reception tickets are also available to guests for $40 each. Meetings and Reservations A listing of Convention meetings of the NCAA and its affiliated organizations was distributed to the membership in late September. Included was a reservation form and covering memorandum describing the procedure for making hotel reservations. If there is anything further the NCAA can do to facilitate your attendance at the Association’s 2009 Convention, please call upon us. A revised listing of Convention meetings will be found in Appendix I. Please note that the Convention officially begins when the opening business session convenes at 4 p.m. Thursday, January 15. Adjournment of the Convention has been scheduled for Saturday, January 17. als. All proposals were provided to the membership September 23 in the Second Publication of Proposed Legislation. The Division III Presidents Council, any 20 active Division III member institutions eligible to vote on a given issue or two member conferences had until November 1 to submit amendments to the original proposals, provided the amendment to the amendment did not increase the modification proposed by the original amendment. As a result of that deadline, all amendments-to-amendments are included in this Official Notice with the proposals they are intended to amend. Resolutions also were handled in accordance with those same deadlines and are included in this publication. No additional amendments-to-amendments or resolutions are permitted for the 2009 Convention unless they are sponsored by the Presidents Council and distributed before or during the business session. Withdrawal of Proposal Sponsors who intend to withdraw a proposal are urged to notify the membership services staff as soon as possible before the business session of the Convention at which the proposal is scheduled to be considered. Proposed Amendments The proposed amendments to be considered at the 103rd annual Convention begin on Page 1. All amendments, if adopted, become effective as indicated in each proposal. It is important that each Division III delegate bring a copy of the Official Notice to the Convention, inasmuch as the Official Notice will be the only publication containing all Convention legislation for the 2009 Convention. In accordance with the provisions of Constitution 5.3, an amendment to the Association’s legislation may be proposed by the Division III Presidents Council, by 20 active Division III member institutions eligible to vote on the matter or by two member conferences. The source is indicated in each proposal. When the Presidents Council proposes an amendment originally recommended by a committee, the committee is indicated as well. All proposals in the Presidents Council Grouping designated by the Division III Presidents Council for roll-call votes are indicated with an asterisk preceding the proposals in this publication, as well as in the voting designation accompanying each such proposal. Please note that the Presidents Council is authorized to distribute during division or general business sessions information detailing positions on key legislative proposals. Review of Interpretations The Interpretations and Legislation Committee issues interpretations as to the scope, meaning or effect of the constitution and bylaws applicable to Division III. These rulings are subject to review by the membership upon the request of any member in accordance with NCAA Constitution 5.4.1.4. Any member to which an interpretation applies may request a review of the interpretation by making such a request in writing to the membership services staff or the Association’s Convention office before 1 p.m. on the day preceding the division business sessions of the Convention (Friday, January 16). Interpretations to be Included in the NCAA Manuals The Interpretations and Legislation Committee is authorized to recommend interpretations to be incorporated in the next printing of the NCAA Division III Manual. Such incorporations are approved by the Division III Management Council and are printed in Appendix B. Noncontroversial Amendments Adopted by the Presidents and Management Councils The Management Council is authorized to adopt, in the interim between annual Conventions, noncontroversial legislative amendments that are necessary to promote the normal and orderly administration of the Association’s legislation, per Constitution 4.8.3-(d) and 5.3.1.1.1. That authorization requires a three-fourths majority vote of the Management Council. The Management Council then submits to the next annual Division III business session the amendments that have been adopted under its authorization. The noncontroversial amendments adopted by the Manix Amendments-to-Amendments In Division III, all amendments submitted by the membership in accordance with the July 15 deadline were printed in the Initial Publication of Proposed Legislation, which was provided to the membership August 15. Sponsors of those proposals were permitted to revise them in any manner until September 15. In the interim, the Division III Presidents Council had until September 1 to submit legislative proposviii agement Council in 2008 appear in Appendix C. Approval of the Official Convention Notice during the Division III business session constitutes ratification of these amendments. Modifications of Wording Adopted by the Presidents and Management Councils The Management Council is authorized to adopt, in the interim between annual Conventions, proposals that are consistent with the intent of the membership in adopting the original legislation if sufficient documentation and testimony exist to establish clearly that the original wording of the legislation was inconsistent with that intent, per Constitution 5.4.1.1.1. That authorization requires a two-thirds majority vote of the Management Council. The Management Council submits to the next annual Division III business session the amendments that have been adopted under its authorization. The modifications adopted in 2008 appear in Appendix D. Approval of the Official Convention Notice during the Division III business session constitutes ratification of these actions. Order of Business The opening business session of the 103rd annual Convention will begin at 4 p.m. Thursday, January 15. The “State of the Association” address by the NCAA president will be presented orally during that general session. The various proposals will be taken up in their numerical order, unless that order is changed by the Convention. Those proposals that are designated for a roll-call vote and whether they will be considered during a division business session are noted in Appendix A. The schedule for consideration of the remaining proposals also is identified in Appendix A. Amendments for the annual Convention will be presented as indicated on page xii. For convenience of reference, an index (Appendix E) lists the proposals in the order in which they would appear in the constitution and bylaws in the NCAA Division III Manual. In each grouping of related items (either amendments or amendments-to-amendments), the Association’s established procedure will be followed. The membership will consider first the proposal that contemplates the greatest modification of the present circumstance, followed by other proposals in the order of decreasing modification. In some instances, when a proposal in such a grouping is adopted, those that follow in that grouping become moot. The Association uses an electronic voting system for roll-call and general votes. Upon registering for the Convention, each voting delegate moves to the general registration area to receive the voting unit that has been coded for that member institution or conference. The voting delegate must turn in the voting unit identification card contained in the registration envelope in order to obtain the electronic unit. Amendments to federated provisions are voted on by divisions, with a majority vote required for approval. In such instances (federated provisions), each division is committed to the result of its counted vote. Any member that voted on the prevailing side can request reconsideration of the recorded vote on an issue at any time before the conclusion of voting during that session. Each proposal includes a designation of the division(s) that votes on that item and the type of vote involved (federated or common). Delegates are urged to register and receive their voting materials before the opening business session begins at 4 p.m. Thursday, January 15. In addition, all voting in the division business sessions shall be by show of paddles or by electronic roll-call votes, rather than by voice or hand. Memorial Resolutions At the time of the annual Convention, members of the Association honor by memorial resolution those persons closely associated with intercollegiate athletics who passed away during the year. It is requested that the names of persons to be honored in this manner be submitted to the NCAA, P.O. Box 6222, Indianapolis, Indiana 46206-6222. Administrative Structure Rosters of the NCAA Executive Committee, and Division III Presidents Council and Management Council, are listed in Appendix K. Requests for Interpretations Division III member institutions and conferences are encouraged to request interpretations of the proposed legislation in this Official Notice in advance of the Convention. Information about requesting an incorporation appears in Appendix L. All such requests must be received in the national office no later than December 5, 2008. Requests will be considered by the Interpretations and Legislation Committee, and the decisions will be reviewed by the Division III Management Council in its pre-Convention meeting January 14. The resulting interpretations will be duplicated and distributed to the conferences for their pre-Convention meetings before the beginning of the division business session January 17. Voting Procedures Methods of voting shall be in accordance with Constitution 5.1.4.4. Each voting delegate, when registering, receives a “voting paddle” for use in indicating the institution’s vote when the chair calls for a “paddle” vote. Voting delegates receive paddles of different colors to indicate their division status. Voting paddles for those with special voting circumstances are marked as set forth in Appendix J. x xi TOPICAL GROUPINGS OF PROPOSED AMENDMENTS 103rd ANNUAL CONVENTION Proposal Numbers 1 through 12 1 through 10 11 through 12 General Topic Division III Legislative Proposals Presidents Council Grouping General Grouping xii 103rd Annual Convention LEGISLATIVE PROPOSALS SUBMITTED BY THE MEMBERSHIP [Note: In the following proposals: • Those letters and words that appear in italics are to be deleted; • Those letters and words that appear in bold are to be added; and • Those letters and words that appear in normal text are unchanged from the current Division III legislation.] DIVISION III LEGISLATIVE PROPOSALS The NCAA Division III Presidents Council has determined that it will deal primarily with those national issues in Division III athletics that prompt widespread concern among Division III presidents or chancellors. Legislative proposals developed by the Division III Management Council or by Division III committees reporting to it must be submitted to the Division III Presidents Council for review. They cannot be placed on the agenda for consideration at the Convention unless the Presidents Council agrees to sponsor them. This procedure was established to affirm presidential control of intercollegiate athletics in Division III. The Division III Presidents Council has identified those proposals that it believes are of particular interest to Division III presidents or chancellors and has included them in the Presidents Council grouping. It should be noted, however, that inclusion of proposals in the Presidents Council grouping does not necessarily constitute a position by the Division III Presidents Council for or against a proposal. Those proposals with an asterisk before the proposal number have been identified by the Presidents Council as roll-call votes. Delegates should refer to each proposal’s source line for information regarding the sponsor of each proposal. PRESIDENTS COUNCIL GROUPING *NO. 2009-1 (NO. 2-11) PLAYING AND PRACTICE SEASONS — FOREIGN TOURS — SANCTIONED OUTSIDE-TEAM TOURS Intent: To establish limits on the number of student-athletes from the same member institution who may participate on an outside team tour without requiring the tour to be certified as an institutional tour, as specified. 1 Bylaws: Amend 17.32.2, as follows: [Roll Call] 17.32.2 Sanctioned Outside-Team Tours. An outside team that includes student-athletes from more than one member institution may participate in international competition in any sport on a foreign tour provided the outside team is not comprised solely of student-athletes from the same institution. However, any such outside team that includes more than the following number of student-athletes from the same member institution must be certified by the institution in accordance with procedures set forth in Bylaw 30.7. Baseball 4 Gymnastics 2 Swimming and Diving 5 Basketball 2 Ice Hockey 4 Tennis 2 Cross Country 2 Lacrosse 5 Track and Field 7 Fencing 4 Rifle 2 Volleyball 2 Field Hockey 5 Skiing 4 Water Polo 4 Football 5 Soccer 5 Wrestling 5 Golf 2 Softball 4 17.32.2.1 Institutional Foreign-Tour Limitations. A member institution shall be charged with its foreign-tour opportunity in a sport and its once-in-three-years limitation if the is comprised solely of student-athletes from the same institution is represented by more than the number of student-athletes specified under Bylaw 17.32.2 on an outside team participating in a foreign tour in that sport. Source: NCAA Division III Presidents Council [Management Council (Interpretations and Legislation Committee)]. Effective Date: Immediate; contracts signed before April 15, 2008, for future outside team tours may be honored in accordance with the previous rule. Rationale: Prior to the adoption of 2006 NCAA Convention Division III Proposal No. NC-69, a member institution was charged with its foreign-tour opportunity in a sport and had to apply the once-in-three-years limitation if that institution was represented by more than a limited number of student-athletes on an outside team participating in a foreign tour. The current legislation does not count an outside-team tour against the once-in-three-years institutional foreign-tour limitation unless every member of the outside team participating in the tour is a student-athlete from the same institution. This proposal reinstates the previous limitations on the number of student-athletes from one institution that may participate on an outsideteam tour. This change is necessary based on reported concerns that Division III coaches have been coaching outside-team tours comprised of a majority of student-athletes from their own team and only a few athletes from other teams. Under this proposal, if a coach chooses to participate in a foreign tour with more stu2 dent-athletes from their institution than allowed by the proposed limits, he or she could still use the institutional foreigntour legislation (with the once-in-three-years limitation) in order to do so. Under the proposal, it is also true that if an institution has more student-athletes than allowed by the limit participating on an outside team foreign tour, it would count as the institution’s foreign tour against the once-in-three-year limitation. Estimated Financial Impact: None. *NO. 2009-2 (NO. 2-6) PLAYING AND PRACTICE SEASONS — ATHLETICALLY RELATED ACTIVITIES — SPECIFIC WORKOUT PROGRAMS Intent: To specify that an institutional staff member may design a voluntary individual-specific workout program for a studentathlete, but may not conduct the individual’s workout outside the declared playing season. Bylaws: Amend 17.02.1.1, as follows: [Roll Call] 17.02.1.1 Athletically Related Activities. The following are considered athletically related activities: [17.02.1.1-(a) through 17.02.1.1-(e) unchanged.] (f) Individual workouts required or supervised by a member of the coaching staff. An coach institutional staff member may design a voluntary (see Bylaw 17.02.13) general individual-workout program for a student-athlete, (as opposed to a specific workout program for specific days) but cannot conduct the individual’s workout outside the declared playing season; [17.02.1.1-(g) through 17.02.1.1-(k) unchanged.] Source: NCAA Division III Presidents Council [Management Council (Playing and Practice Seasons Subcommittee)]. Effective Date: Immediate. Rationale: Current legislation allows coaches to design a voluntary general individual-workout program for student-athletes as opposed to a specific workout program for specific days. This proposal would help to ensure the health and safety of student-athletes by allowing the out of season workout program to be tailored to their specific needs and limitations. By allowing specific workout programs to be designed, the institutional staff member would be able to provide a program that gives more accurate guidance for the individual student-athlete and would therefore be focused on that individual’s well-being. The health and safety of student-athletes would benefit from having a workout program tailored to the individual’s specific needs. 3 This would not change the prohibition against conducting out of season workouts nor would it change the voluntary requirement of all out of season workouts. If adopted, the immediate effective date would allow institutions to take advantage of this change in the spring and summer of 2009. Estimated Financial Impact: None. *NO. 2009-3 (NO. 2-9) PLAYING AND PRACTICE SEASONS — PRESEASON PRACTICE — TRADITIONAL SEGMENT — CROSS COUNTRY, FIELD HOCKEY, GOLF, RUGBY, SOCCER, TENNIS AND WOMEN’S VOLLEYBALL Intent: In cross country, field hockey, golf, rugby, soccer, tennis and women’s volleyball, to establish the date of August 15 as the first permissible date for preseason practice. A. Bylaws: Amend 17.7.2, as follows: [Roll Call] 17.7.2 Preseason Practice. A member institution shall not commence practice sessions in cross country before the following dates: (a) Traditional Segment. The date that permits a maximum of 16 practice opportunities (see Bylaw 17.02.11) before the first scheduled intercollegiate game. August 15. [17.7.2-(b) unchanged.] B. Bylaws: Amend 17.10.2, as follows: [Roll Call] 17.10.2 Preseason Practice. A member institution shall not commence practice sessions in field hockey before the following dates: (a) Traditional Segment. The date that permits a maximum of 16 practice opportunities (see Bylaw 17.02.11) before the first scheduled intercollegiate game. August 15. [17.10.2-(b) unchanged.] C. Bylaws: Amend 17.12.2, as follows: [Roll Call] 17.12.2 Preseason Practice. A member institution shall not commence practice sessions in golf before the following dates: (a) Traditional Segment. September 7 or the institution’s first day of classes for the fall term, whichever is earlier. (1) Exception. An institution that conducts its traditional segment during the fall may commence practice on the date that permits a maximum of 16 practice opportunities (see Bylaw 17.02.11) before the first scheduled intercollegiate contest August 15. [17.12.2-(b) unchanged.] 4 D. Bylaws: Amend 17.18.2, as follows: [Roll Call] 17.18.2 Preseason Practice. A member institution shall not commence practice in rugby before the following dates: (a) Traditional Segment. The date that permits a maximum of 16 practice opportunities (see Bylaw 17.02.11) before the first scheduled intercollegiate game. August 15. [17.18.2-(b) unchanged.] E. Bylaws: Amend 17.20.2, as follows: [Roll Call] 17.20.2 Preseason Practice. A member institution shall not commence practice in soccer before the following dates: (a) Traditional Segment. The date that permits a maximum of 16 practice opportunities (see Bylaw 17.02.11) before the first scheduled intercollegiate game. August 15. [17.20.2-(b) unchanged.] F. Bylaws: Amend 17.26.2, as follows: [Roll Call] 17.26.2 Preseason Practice. A member institution shall not commence practice sessions in tennis before the following dates: (a) Traditional Segment. September 7 or the institution’s first day of classes for the fall term, whichever is earlier. (1) Exception. An institution that conducts its traditional segment during the fall may commence practice on the date that permits a maximum of 16 practice opportunities before the first scheduled intercollegiate contest August 15. [17.26.2-(b) unchanged.] G. Bylaws: Amend 17.28.2, as follows: [Roll Call] 17.28.2 Preseason Practice — Women. A member institution shall not commence practice sessions in women’s volleyball before the following dates: (a) Traditional Segment. The date that permits a maximum of 16 practice opportunities (see Bylaw 17.02.11) before the first scheduled intercollegiate game. August 15. [17.28.2-(b) unchanged.] Source: New Jersey Athletic Conference and City University of New York Athletic Conference Effective Date: August 1, 2009 Rationale: The practice opportunities formula is currently used to determine the first permissible practice date for the traditional segments in cross country, field hockey, golf (if the traditional segment is conducted in the fall), rugby, soccer, tennis (if the 5 traditional segment is conducted in the fall), and women’s volleyball. The current counting formula, which counts back from an institution’s first contest or date of competition, is confusing to calculate and often results in misapplication of the rule. This proposal would establish a uniform start date of August 15 which would allow for clear annual planning of the first practice date by institutional athletic departments, student-athletes, coaches and all other campus constituents. Committee Position (Presidents Council, Management Council and Playing and Practice Seasons Subcommittee): The Presidents Council, Management Council and Playing and Practice Seasons Subcommittee oppose this proposal and note that the current process for determining the first permissible practice date provides a formula that is equitable to all institutions regardless of differing academic calendars. Standardizing the date at August 15th could have an unfavorable financial impact on institutions by lengthening the preseason and could have a negative impact upon the student-athletes and part-time coaches by decreasing the amount of time allowed for their summer employment opportunities. Estimated Financial Impact: None. *NO. 2009-4 (NO. 2-10) PLAYING AND PRACTICE SEASONS — ICE HOCKEY — PRESEASON PRACTICE — OCTOBER 15 Intent: In ice hockey, to specify that an institution shall not commence practice sessions before October 15. Bylaws: Amend 17.14.2, as follows: [Roll Call] 17.14.2 Preseason Practice. A member institution shall not commence practice sessions in ice hockey before September 7 or the institution’s first day of classes for the fall term, whichever is earlier October 15. Source: NCAA Division III Presidents Council [Management Council (Championships Committee)]. Effective Date: August 1, 2009 Rationale: Implementation of a common practice start date creates an equal playing field for institutions and eliminates a potential competitive advantage for institutions able to start practice sessions earlier due to varying institutional calendars. Additionally, it provides student-athletes appropriate time to adjust and prepare for fall academic responsibilities. Estimated Financial Impact: None. *NO. 2009-5 (NO. 2-7) PLAYING AND PRACTICE SEASONS — GENERAL PLAYING SEASON REGULATIONS — REQUIRED DAYS OFF — ALL SPORTS — CONFERENCE AND POSTSEASON TOURNAMENTS Intent: To specify that an institution is not required to provide student-athletes one day off per week during conference championships or postseason tournaments. Bylaws: Amend 17.1.6, as follows: [Roll Call] 17.1.6 Required Days Off. 17.1.6.1 All Sports. During the playing season (see Bylaw 17.1.1), all athletically related activities shall be prohibited during one calendar day per week, except during participation in conference championships, postseason tournaments or NCAA championships. [17.1.6.2 through 17.1.6.3 unchanged.] Source: Wisconsin Intercollegiate Athletic Conference and Capital Athletic Conference Inc. Effective Date: August 1, 2009 Rationale: Current legislation specifies that all countable athletically related activities are prohibited during one calendar day per week during the playing season with the exception of NCAA championships. The reason for the exception is to accommodate the travel and practice requirements inherent with NCAA championship competition as well as the unpredictability of advancing in those championships that are comprised of multiple rounds or levels. Conference championships and postseason tournaments share the same travel and practice requirements as well as the unpredictability of whether a team qualifies for the competition itself and/or advances to additional rounds thereby making it extremely difficult and even impractical to insert a day off. Adopting this exception will address these concerns. Committee Position (Presidents Council, Management Council and Playing and Practice Seasons Subcommittee): The Presidents Council, Management Council and Playing and Practice Seasons Subcommittee oppose this proposal and note that it is not in the student-athlete’s best interest to extend the potential weeks in which there would not be a required a day off. Additionally, the Councils and Subcommittee feel that conference tournaments are not as unpredictable as NCAA championships and therefore the same rationale that allows the exception for NCAA championships does not apply to conference tournaments. Estimated Financial Impact: None. 7 6 *NO. 2009-6 (NO. 2-5) ELIGIBILITY — CRITERIA FOR DETERMINING SEASON OF ELIGIBILITY — MINIMUM AMOUNT OF PARTICIPATION — COMPETITION DURING THE NONTRADITIONAL SEGMENT — BASEBALL, FIELD HOCKEY, LACROSSE, SOCCER, SOFTBALL AND WOMEN’S VOLLEYBALL Intent: In the sports of baseball, field hockey, lacrosse, soccer, softball and women’s volleyball, to specify that a season of participation shall not be counted when a student-athlete participates in the one date of competition during the nontraditional segment. Bylaws: Amend 14.2.4.1, as follows: [Roll Call] 14.2.4.1 Minimum Amount of Participation. A season of intercollegiate participation shall be counted when a student-athlete participates (practices or competes) during or after the first contest in the traditional segment following the student-athlete’s initial participation of that academic year at that institution or when the student-athlete engages in intercollegiate competition during the nontraditional segment. This provision is applicable to intercollegiate athletics participation (practice or competition) conducted by a Division III collegiate institution at the varsity, junior varsity or freshman team level. 14.2.4.1.1 Exceptions. A season of participation shall not be counted: (a) dDuring the traditional segment when a student-athlete participates in a preseason scrimmage or preseason exhibition conducted prior to the first contest following the student-athlete’s initial participation of that academic year at that institution; and (b) In baseball, field hockey, lacrosse, soccer, softball and women’s volleyball, when a student-athlete participates in the one date of competition during the nontraditional segment. Source: Massachusetts State College Athletic Conference and Allegheny Mountain Athletic Conference Effective Date: August 1, 2009 Rationale: The proposed legislation would allow a student-athlete to compete in the one date of competition during the nontraditional segment in baseball, field hockey, lacrosse, soccer, softball and women’s volleyball without using a season of participation. These are the only sports that allow only one date of competition in the nontraditional segment. The current legislation al8 lows a student-athlete to participate in practice before and after the date of participation in the nontraditional segment, but participating in the one date of competition triggers the use of a season of participation. In contrast, during the traditional segment, a student-athlete may practice and compete in permissible scrimmages up until the first date of competition and not use a season of participation. In some sports, such participation may include many weeks of practice and multiple scrimmages. There is no competitive advantage gained by allowing competition in the nontraditional segment date of competition, as this contest does not figure into win/loss records or count toward championship selection, nor do the statistics count toward team or individual totals. Changing this rule would bring greater consistency to the application of the bylaw to both the traditional and nontraditional segments. Committee Position (Presidents Council, Management Council and Playing and Practice Seasons Subcommittee): The Presidents Council, Management Council and Playing and Practice Seasons Subcommittee support this proposal and note that the nontraditional segment is primarily a time for teaching and providing tryouts for students interested in athletics participation. The one date of competition is an integral part of this process. The nontraditional segment also provides an opportunity for students to determine if they ultimately want to participate with the team and they should be permitted to explore this opportunity without being charged an entire year of participation for just one game in the nontraditional segment. Finally, the Councils and Subcommittee believe that the one date of competition should be treated the same as a preseason scrimmage in the traditional segment. Estimated Financial Impact: None. *NO. 2009-7 (NO. 2-4) DIVISION MEMBERSHIP — DEFINITIONS AND APPLICATIONS — EMERGING SPORTS FOR WOMEN — REMOVAL OF ARCHERY, BADMINTON, SYNCHRONIZED SWIMMING, TEAM HANDBALL FROM LIST OF EMERGING SPORTS FOR WOMEN AND ADDITION OF EQUESTRIAN TO LIST OF EMERGING SPORTS FOR WOMEN Intent: In Parts A, B, D, E, F, G, H and J of the proposal, to remove archery, badminton, synchronized swimming and team handball as emerging sports for women and to eliminate other specified legislation associated with these sports, as specified; further, in Parts C and I of the proposal, to add equestrian as an emerging sport for women. 9 A. Bylaws: Amend 14.1.8.1.6, as follows: [Roll Call] 14.1.8.1.6 Waiver — United States Olympic Committee/National Governing Body. A student with eligibility remaining who is not enrolled or who is enrolled in less than a minimum full-time program of studies or a former student-athlete may participate on a regular basis in organized practice sessions, provided the following conditions are met: [14.1.8.1.6-(a) unchanged.] (b) For former student-athletes, the practice sessions involve an individual sport, or rowing or synchronized swimming (for student-athletes with eligibility remaining the practice session may include any sport); [14.1.8.1.6-(c) through 14.1.8.1.6-(d) unchanged.] B. Bylaws: Amend 17.02.12, as follows: [Roll Call] 17.02.12 Varsity Intercollegiate Sport. A varsity intercollegiate sport is a sport that has been accorded that status by the institution’s president or chancellor or committee responsible for intercollegiate athletics policy and that satisfies the following conditions: [17.02.12-(a) through 17.02.12-(c) unchanged.] 17.02.12.1 Team Sports. The following are classified as team sports for purposes of this bylaw: Baseball Rugby, Women’s Basketball Soccer Field Hockey Softball Football Synchronized Swimming, Women’s Ice Hockey, Men’s and Women’s Team Handball, Women’s Lacrosse Volleyball Rowing, Women’s Water Polo, Men’s and Women’s 17.02.12.2 Individual Sports. The following are classified as individual sports for purposes of this bylaw: Archery, Women’s Rifle Badminton, Women’s Skiing Bowling, Women’s Squash, Women’s Cross Country Swimming and Diving Fencing Tennis Golf Track and Field, Indoor and Outdoor Gymnastics Wrestling C. Bylaws: Amend 17.02.12, as follows: [Roll Call] 17.02.12 Varsity Intercollegiate Sport. A varsity intercollegiate 10 sport is a sport that has been accorded that status by the institution’s president or chancellor or committee responsible for intercollegiate athletics policy and that satisfies the following conditions: [17.02.12-(a) through 17.02.12-(c) unchanged.] [17.02.12.1 unchanged.] 17.02.12.2 Individual Sports. The following are classified as individual sports for purposes of this bylaw: Archery, Women’s Rifle Badminton, Women’s Skiing Bowling, Women’s Squash, Women’s Cross Country Swimming and Diving Equestrian, Women’s Tennis Fencing Track and Field, Indoor and Outdoor Golf Wrestling Gymnastics (Note: Parts D through G are the sport-specific Bylaw 17 Playing and Practice Seasons sections for the sports of archery, badminton, synchronized swimming and team handball. If the proposal passes, these Bylaw 17 sections, which are shown in parts D, E, F and G, would be deleted from the Division III Manual. Because of the length of these sections, parts D through G are not included in the Official Notice.) H. Bylaws: Amend 20.02.6, as follows: [Roll Call] 20.02.6 Emerging Sports for Women. The following shall be considered emerging sports for women: (a) Team Sports: team handball, rugby and synchronized swimming; and (b) Individual Sports: archery, badminton and squash. [Remainder of 20.02.6 unchanged.] I. Bylaws: Amend 20.02.6, as follows: [Roll Call] 20.02.6 Emerging Sports for Women. The following shall be considered emerging sports for women: (a) Team Sports: team handball, rugby and synchronized swimming; and (b) Individual Sports: archery, badminton, equestrian and squash. [Remainder of 20.02.6 unchanged.] Bylaws: Amend 20.11.3.5, as follows: [Roll Call] 20.11.3.5 Minimum Contests and Participants Requirements for Sports Sponsorship.. In each sport, the institution’s team shall en11 J. gage in at least a minimum number of intercollegiate contests (against the varsity programs of four-year, degree-granting collegiate institutions) each year. In the individual sports, the institution’s team shall include a minimum number of participants in each contest that is counted toward meeting the minimum-contests requirement. The following minimums are applicable: Team Minimum Individual Minimum Minimum Sports Contests Sports Contests Partic pants Baseball 25 Archery 5 5 Basketball 18 Badminton 8 6 Field Hockey 12 Bowling 8 5 Football 7 Cross Country 5 5 Ice Hockey 18 Fencing 8 5 Lacrosse 10 Golf 6 5 Women’s Rowing 8 Men’s Gymnastics 6 6 Women’s Rugby 8 Women’s Gymnastics 6 5 Soccer 13 Rifle 6 4 Women’s Synchronized Swimming 8 Skiing 5 5 Team Handball 10 Squash 8 9 Softball 24 Swimming and Diving 8 8 Volleyball 17 Tennis 10 6 Water Polo 13 Track and Field, Indoor 5 10 Track and Field, Outdoor 6 12 Wrestling 7 6 (Note: The minimum-contest requirements set forth in Bylaws 20.11.3.5.1 through 20.11.3.5.8 apply only to the provisions of this section and do not apply to minimum-contest requirements in Bylaw 14 and Bylaw 17.) Source: NCAA Division III Presidents Council [Management Council (Committee on Women’s Athletics)]. Effective Date: August 1, 2009 Rationale: In 1999, equestrian was added in Divisions I and II as an emerging sport for women. Over the past eight years, an average of 42 institutions reported sponsoring varsity equestrian with an average of 23 in Division III. The other divisions have been successful integrating equestrian and complying with NCAA regulations. The regulations for equestrian implemented in Divisions I and II will serve as a model for Division III while still giving consideration to the Division III philosophy in certain areas. If adopted, this will provide additional participation opportunities across all divisions and enhance the studentathlete experience. NCAA regulations require that emerging sports gain championship status within 10 years or show steady 12 progress toward that goal. Four sports on the original list, (archery, badminton, synchronized swimming and team handball) have seen minimal sponsorship growth over the past 14 years. In July 2007, the institutions, conferences and national governing bodies supporting these four sports were notified that they needed to provide a minimum of 10 commitment letters from institutions by July 2008 and that failure to meet that request would result in a recommendation for their removal from the list. None of the four sports were able to meet this requirement. Estimated Financial Impact: Dependent on institutional decisions whether to sponsor an identified emerging sport for women. *NO. 2009-8 (NO. 2-12) EXECUTIVE REGULATIONS — SELECTION OF TEAMS AND INDIVIDUALS FOR CHAMPIONSHIPS PARTICIPATION — SELECTION CRITERIA — AVAILABILITY OF DATA THROUGHOUT SEASON Intent: To specify that the data included in the NCAA computer statistical database used for championships selection criteria be made available to each institution throughout the season. Administrative: Amend 31.3.5.2, as follows: [Roll Call] 31.3.5.2 Selection Criteria. The governing sports committee responsible for the selection of the balance of the championships field shall select teams in Pools B and C based on the criteria below. The criteria of two or more teams shall be compared to determine the higher-ranked team. An attempt shall be made to determine the ranking of two or more teams after consideration of the primary criteria (see Bylaw 31.3.5.2.1). If the evaluation of the primary criteria does not result in a decision, the secondary criteria will be used (see Bylaw 31.3.5.2.2). All the criteria listed will be evaluated (not listed in preferential order). The data included in the NCAA computer statistical database, referenced in Bylaws 31.3.5.2.1 and 31.3.5.2.2, shall be made available to each institution throughout each season. Source: Capital Athletic Conference Inc. and Colonial States Athletic Conference (The Colonial States Athletic Conference has withdrawn its support for the proposal.) Effective Date: August 1, 2009 Rationale: Computer ranking information is used as a tool, and not the ultimate decision-making piece, when selecting Pool B and Pool C teams or seeding for teams for NCAA championships. 13 The proposed legislation would: (1) allow coaches to assist the regional/national committees to ensure that there were no errors in the reporting system (scores reported incorrectly or regional games not properly designated); (2) allow coaches to better understand how their team matched up against other teams in the region throughout the season; (3) help coaches, in particular new and part-time coaches, better understand the NCAA championship selection process; (4) assist coaches who want to improve or strengthen their future schedules; and (5) minimize or eliminate confusion caused by independent Web sites, which attempt to mirror the NCAA data (but often fail). Currently, coaches and administrators play a guessing game in these areas. They should have a better understanding of the system and process, which could enable their opportunities to excel in their chosen fields. Committee Position (Presidents Council, Management Council and Championships Committee): The Presidents Council, Management Council and Championships Committee oppose this proposal and note that they believe allowing the membership access to this raw data without the privilege of hearing all of the discussions that the respective sports committees engage in during their ranking sessions and selections would be misleading. The membership is not equipped with all of the necessary information that the committees have, which impact the decisions made by the committees and the data itself without the other information could cause confusion. They also note concerns with how the information would be used and with whom all it would be shared. Finally, the Councils and Committee note concerns with the cost factor of instituting this proposal. Estimated Financial Impact: $107,100.00 initial cost and $16,600.00 annual cost. The initial cost represents upgrades necessary to account for the scope of usage contemplated by the proposal. The initial costs are as follows: (1) $10,000 for new hardware; (2) $35,000 for database software licenses; (3) $52,500 (525 hours at $100/hour) for programming changes; and (4) $9,600 (8 hours per month at 100/hour) for maintenance of the software. The annual recurring costs are: (1) $7,000 for database support and update of the licenses; and (2) $9,600 (8 hours per month at 100 per hour) for maintenance of the software. The above figures represent the technology costs associated with the proposal and do not reflect the personnel costs of providing this service to the membership. Specifically, these amounts do not account for costs associated with educating the membership on the use of the database or responding to questions regarding the information contained within the database. *NO. 2009-9 (NO. 2-1) PERSONNEL — CONDUCT OF ATHLETICS PERSONNEL — SPORTSSAFETY TRAINING Intent: To specify that each head coach shall be certified in first aid, cardiopulmonary resuscitation (CPR) and automatic external defibrillator (AED). Bylaws: Amend 11.1, as follows: [Roll Call] 11.1 CONDUCT OF ATHLETICS PERSONNEL. [11.1.1 through 11.1.5 unchanged.] 11.1.6 Sports-Safety Training. Each head coach shall maintain current certification in first aid, cardiopulmonary resuscitation (CPR) and automatic external defibrillator (AED) use. Source: NCAA Division III Presidents Council [Management Council (Student-Athlete Advisory Committee)], New England Women’s & Men’s Athletic Conference and New England Collegiate Conference Effective Date: August 1, 2009 Rationale: Legislation requiring first aid, CPR and AED certification supports the Division III philosophy statement, specifically student-athlete safety and well-being. A survey of the NCAA death claims since 1992 reports 60 percent of all nonvehicle-related deaths have been due to heart-related conditions and 83 percent of all deaths occurred during practice or conditioning. Similar legislation was proposed both in 2007 and 2008 without approval. This proposal does not require the certified individual to be present during athletically related activities, nor does it specify the certifying organization. Safety and well-being of student-athletes are of the utmost concern; this proposal helps to strengthen these areas at a very minimum by requiring any individual designated as a head coach (full time, part time or volunteer) to be certified in first aid, CPR and AED use. Division III grant and initiative funding may be used to assist in funding the necessary certification courses. The proposal does not require that an institution purchase an AED (only that each head coach be certified in AED use). It is also important to note that Division III grant and initiative funding may be used to purchase an AED if an institution so desired. Estimated Financial Impact: Minimal for certification ($0 to $30 per coach) since institutions can outsource the training or train their own staffs as instructors. Moreover, this is not an annual cost since first-aid certification is valid for three years and CPR certification is valid for one to two years (depending on the certifying organization). Division III grant and initiative funding may be used to offset these costs. 15 14 *NO. 2009-10 (NO. 2-3) RECRUITING — TRYOUT EXCEPTIONS — FACILITY USAGE BY OUTSIDE ORGANIZATION Intent: To establish a tryout exception that allows an institution’s athletics department staff members or representatives of its athletics interests to be involved in the conduct and administration of the use of a member institution’s facilities for physical activities by a group that includes prospective student-athletes under specified conditions. Bylaws: Amend 13.11, as follows: [Roll Call] 13.11 TRYOUTS 13.11.1 Tryout Prohibition. A member institution, on its campus or elsewhere, shall not conduct (or have conducted on its behalf) any physical activity (e.g., practice session and/or test/tryout) at which one or more prospective student-athletes (as defined in Bylaw 13.11.1.1) reveal, demonstrate or display their athletics ability in any sport. [13.11.1.1 unchanged.] 13.11.2 Additional Prohibited Tryout Activities. The following activities are also considered prohibited tryout activities. [13.11.2.1 through 13.11.2.5 unchanged.] 13.11.3 Tryout Exceptions. Each of the following activities are permissible activities and exceptions to the tryout prohibition. [13.11.3.1 through 13.11.3.11 unchanged.] 13.11.3.12 Activities Not Involving Institution’s Coaching Staff. The use of a member institution’s facilities for physical activities by a group that includes prospective student-athletes shall not be considered a tryout, provided the institution’s athletics department staff members or representatives of its athletics interests are not involved in the conduct, promotion or administration of the activity (other than activities incidental to supervising the use of the facilities) and are subject to all applicable NCAA recruiting legislation. 13.11.3.12 Other Permissible Facility Usage. The use of institutional facilities for physical activities by a group that includes prospective studentathletes, not otherwise permitted in these bylaws, may still be permissible and not considered a tryout provided that: (a) Institution’s athletics department staff or representatives of the institution’s athletics interests are not involved in the promotion of the activity; 16 (b) Institution’s athletics department staff or representatives of the institution’s athletics interests are not involved in solicitation of any individual prospective student-athlete’s participation in the activity; (c) Institution’s athletics department staff or representatives of the institution’s athletics interests are not involved in solicitation for any particular group’s participation in the activity, unless the group is affiliated with an outside organization and the solicitation is consistent with institutional policies of hosting outside organizations; (d) The activity may not be a tryout event, as defined in Bylaw 13.11.2.4; (e) Involvement by the institution’s athletics department staff and representatives of its athletics interests shall be consistent with institutional policies for hosting outside organizations; and (f) Athletics department staff members and representatives of its athletics interests remain subject to all applicable NCAA recruiting legislation during the event. Source: New England Women’s & Men’s Athletic Conference, Northern Athletics Conference, Commonwealth Coast Conference and Massachusetts State College Athletic Conference Effective Date: Immediate. Rationale: Currently, athletics department staff members may not sell concessions or work at a scorer’s table for events ranging from Age Group Swimming Invitationals to Soccer Club Tournaments involving a group that includes prospective student-athletes. Division III institutions depend on such activities to generate critical revenue for their departments, and for these activities to happen, it is often necessary for a member of the athletics department’s staff to administer aspects related to the activity. The current legislation allows institutions to hire an outside consultant to conduct and administer these activities, thus disproportionately disadvantaging institutions lacking resources for such expenses. There are many areas of the country, both urban and rural, where higher education institution’s athletics facilities are the only facilities that offer feasible opportunities for individuals to participate on a specific turf field or on a safe track or swimming pool. The existing legislation hinders access to these facilities and thus hinders community relationships between higher educational institutions and our neighbors. The current legislation is counter to activities that our staffs are allowed to do through existing camps and clinics legislation. To be reasonable and consistent, there should be an ex17 ception to the tryout legislation with an immediate effective date. Committee Position (Presidents Council and Management Council): The Presidents Council and Management Council support this proposal and note that this change would make it easier for institutions to conduct events that are largely being done as fundraisers. The councils also noted that they do not see any advantage gained by institutions having these types of events because the proposal excludes the institution from promoting the event or soliciting individual prospects to participate in the event. Estimated Financial Impact: This change to the legislation will provide institutions more opportunities to generate revenue (e.g. rental fees of facilities, concession stands), thus providing opportunities to positively impact departmentís net income. NO. 2009-11 (NO. 2-2) RECRUITING — TRYOUT EXCEPTIONS — USE OF FACILITIES FOR ACTIVITIES RELATED TO A NONSPONSORED SPORT Intent: To specify that the use of an institution’s facilities for physical activities by a group that includes prospective student-athletes shall not be considered a tryout, provided the physical activities are related to a sport that is not sponsored by the institution on the varsity intercollegiate level. Bylaws: Amend 13.11, as follows: 13.11 TRYOUTS 13.11.1 Tryout Prohibition. A member institution, on its campus or elsewhere, shall not conduct (or have conducted on its behalf) any physical activity (e.g., practice session and/or test/tryout) at which one or more prospective student-athletes (as defined in Bylaw 13.11.1.1) reveal, demonstrate or display their athletics ability in any sport. [13.11.1.1 unchanged.] 13.11.2 Additional Prohibited Tryout Activities. The following activities are also considered prohibited tryout activities. [13.11.2.1 through 13.11.2.5 unchanged.] 13.11.3 Tryout Exceptions. Each of the following activities are permissible activities and exceptions to the tryout prohibition. [13.11.3.1 through 13.11.3.6 unchanged.] 13.11.3.7 Use of Facilities for Activities Related to a Nonsponsored Sport. The use of member institution’s facilities for physical activities by a group that includes prospective student-athletes shall not be considered a tryout, provided the physical activities are related to a sport that is not sponsored by the institution at the varsity intercollegiate level. 18 [13.11.3.7 through 13.11.3.12 renumbered as 13.11.3.8 through 13.11.3.13, unchanged.] Source: Wisconsin Intercollegiate Athletic Conference and Capital Athletic Conference Inc. Effective Date: Immediate. Rationale: Establishing an exception to the tryout restrictions in those instances in which the physical activities are related to a sport that is not sponsored by the institution on the intercollegiate level would not diminish either the intent or impact of the tryout restrictions, but rather would allow athletics department staff members an additional level of involvement in the conduct of these events, most of which are being hosted for fundraising purposes. The immediate effective date would allow institutions to take advantage of this exception without any detriment. Because this is permissive legislation, there is not a need to delay its effective date until August. Committee Position (Presidents Council, Management Council and Interpretations and Legislation Committee): The Presidents Council, Management Council and Interpretations and Legislation Committee support this proposal and note that the proposal provides a logical exception to the tryout rule and could be a benefit to Division III institutions that are wishing to host various types of fundraising events. Estimated Financial Impact: None. NO. 2009-12 (NO. 2-8) PLAYING AND PRACTICE SEASONS — END OF REGULAR SEASON — ALL SPORTS WITH A FALL NONTRADITIONAL SEGMENT Intent: To specify that all sports with a nontraditional segment in the fall must complete all practice and competition by the first date of final examinations for the fall term at the institution. A. Bylaws: Amend 17.1.10.2, as follows: 17.1.10.2 Dividing Traditional and Nontraditional Segments. A member institution that divides its practice and playing season into two distinct segments per Bylaw 17.1.2 and conducts its nontraditional segment in the fall must complete all practice and competition by October 30 of the academic year involved the first date of final examinations for the fall term at the institution; conversely, a member institution that conducts its traditional segment in the fall may not begin practice or competition during its nontraditional segment until February 1 of the academic year involved. B. Bylaws: Amend 17.2, as follows: 17.2 ARCHERY, WOMEN’S. Regulations for computing the archery playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.2.1 through 17.2.3 unchanged.] 19 17.2.4 End of Regular Season. A member institution shall conclude all practice and competition (meets and practice meets) in each segment in archery by the following dates: [17.2.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.2 unchanged.] C. Bylaws: Amend 17.3, as follows: 17.3 BADMINTON, WOMEN’S. Regulations for computing the badminton playing season are set forth in Bylaw 17.1, General PlayingSeason Regulations. (See Figure 17-1.) [17.3.1 through 17.3.3 unchanged.] 17.3.4 End of Regular Season. A member institution shall conclude all practice and competition (meets and practice meets) in each segment in badminton by the following dates: [17.3.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.3 unchanged.] D. Bylaws: Amend 17.4, as follows: 17.4 BASEBALL. Regulations for computing the baseball-playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.4.1 through 17.4.3 unchanged.] 17.4.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (contests and scrimmages) in baseball by the following dates: [17.4.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.4 unchanged.] 20 E. Bylaws: Amend 17.6, as follows: 17.6 BOWLING, WOMEN’S. Regulations for computing the bowling playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.6.1 through 17.6.3 unchanged.] 17.6.4 End of Regular Season. A member institution shall conclude all practice and competition (meets and practice meets) in each segment in bowling by the following dates: [17.6.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.6 unchanged.] F. Bylaws: Amend 17.7, as follows: 17.7 CROSS COUNTRY. Regulations for computing the cross country playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.7.1 through 17.7.3 unchanged.] 17.7.4 End of Regular Playing Season. A member institution shall conclude all practice and competition in cross country by the following dates: [17.7.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.7 unchanged.] G. Bylaws: Amend 17.10, as follows: 17.10 FIELD HOCKEY. Regulations for computing the field hockey playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.10.1 through 17.10.3 unchanged.] 17.10.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (contests and scrimmages) in field hockey by the following dates: [17.10.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the in21 stitution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.10 unchanged.] H. Bylaws: Amend 17.12, as follows: 17.12 GOLF. Regulations for computing the golf playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.12.1 through 17.12.3 unchanged.] 17.12.4 End of Regular Playing Season. A member institution shall conclude all practice and competition in golf by the following dates: [17.12.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.9.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.12 unchanged.] I. Bylaws: Amend 17.15, as follows: 17.15 LACROSSE. Regulations for computing the lacrosse playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.15.1 through 17.5.3 unchanged.] 17.15.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (games and scrimmages) in lacrosse by the following dates: [17.15.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.15 unchanged.] Bylaws: Amend 17.17, as follows: 17.17 ROWING, WOMEN’S. Regulations for computing the rowing playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.17.1 through 17.17.3 unchanged.] 17.17.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (games and scrim22 J. mages) in rowing by the following dates: [17.17.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.9.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.17 unchanged.] K. Bylaws: Amend 17.20, as follows: 17.20 SOCCER. Regulations for computing the soccer playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.20.1 through 17.20.3 unchanged.] 17.20.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (games and scrimmages) in soccer by the following dates: [17.20.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.20 unchanged.] L. Bylaws: Amend 17.21, as follows: 17.21 SOFTBALL. Regulations for computing the softball playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.21.1 through 17.21.3 unchanged.] 17.21.4 End of Regular Playing Season. A member institution shall conclude all practice and competition (games and scrimmages) in softball by the following dates: [17.21.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.21 unchanged.] M. Bylaws: Amend 17.26, as follows: 17.26 TENNIS. Regulations for computing the tennis playing season 23 are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.26.1 through 17.26.3 unchanged.] 17.26.4 End of Regular Playing Season. A member institution shall conclude all practice and competition in tennis by the following dates: [17.26.4-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.26 unchanged.] N. Bylaws: Amend 17.28, as follows: 17.28 VOLLEYBALL. Regulations for computing the volleyball playing season are set forth in Bylaw 17.1, General Playing-Season Regulations. (See Figure 17-1.) [17.28.1 through 17.28.6 unchanged.] 17.28.7 End of Regular Playing Season — Women. A member institution shall conclude all practice and competition (games and scrimmages) in volleyball by the following dates: [17.28.7-(a) unchanged.] (b) Nontraditional Segment. For an institution that conducts its nontraditional segment in the fall, October 30 the first date of final examinations for the fall term at the institution (see Bylaw 17.1.10.2). For an institution that conducts its nontraditional segment in the spring, the first date of final examinations for the regular academic year at the institution. [Remainder of 17.28 unchanged.] Source: NCAA Division III Presidents Council [Management Council (Playing and Practice Seasons Subcommittee)]. Effective Date: August 1, 2009 Rationale: Redefining the conclusion of the fall nontraditional segment by linking it to the academic calendar is consistent with the current legislation for the spring nontraditional segment. Additionally, by changing the end of the fall nontraditional segment from October 30 to a date that coincides with the institution’s academic calendar allows institutions on quarter academic calendars the same scheduling flexibility as those on a semester academic calendar. There is no change to the overall week limitation for the playing season. Estimated Financial Impact: Potential cost savings for some institutions on the quarter system that currently bring their student-athletes on campus early to conduct their nontraditional segment. 24 Appendix A Voting in Division Business Session The provisions of NCAA Constitution 5.1.4.3.2 specify that dominant legislation per Constitutions 1 and 2 and elsewhere, and federated legislation determined by the Executive Committee to be contrary to the Association's basic purpose, fundamental policies and general principles shall be acted upon by the divisions meeting in joint session. The provisions of Constitution 5.1.4.3.3 specify that federated legislation pertaining to a single division or more than a single division of the Association may be acted upon by the appropriate divisions during the separate divisional business sessions. Proposal No. Title PRESIDENTS COUNCIL GROUPING Page *No. 1 (No. 2-11) Playing and Practice Seasons — Foreign Tours — Sanctioned Outside-Team Tours ......................................1 Playing and Practice Seasons — Athletically Related Activities — Specific Workout Programs ........................................................3 Playing and Practice Seasons — Preseason Practice — Traditional Segment — Cross Country, Field Hockey, Golf, Rugby, Soccer, Tennis and Women's Volleyball ....................4 Playing and Practice Seasons — Ice Hockey — Preseason Practice — October 15 ............6 Playing and Practice Seasons — General Playing Season Regulations — Required Days Off — All Sports — Conference and Postseason Tournaments ........................7 Eligibility — Criteria for Determining Season of Eligibility — Minimum Amount of Participation — Competition During the Nontraditional Segment — Baseball, Field Hockey, Lacrosse, Soccer, Softball and Women's Volleyball ..................................8 *No. 2 (No.2-6) *No. 3 (No.2-9) *No.4 (No.2-10) *No.5 (No.2-7) *No.6 (No.2-5) 25 Proposal No. *No.7 (No.2-4) Title Page Appendix B Division Membership — Definitions and Applications — Emerging Sports for Women — Removal of Archery, Badminton, Synchronized Swimming, Team Handball From List of Emerging Sports for Women and Addition of Equestrian to List of Emerging Sports for Women ..........................9 Executive Regulations — Selection of Teams and Individuals for Championships Participation — Selection Criteria — Availability of Data Throughout Season ....13 Personnel — Conduct of Athletics Personnel — Sports-Safety Training ............................15 Recruiting — Tryout Exceptions — Facility Usage by Outside Organization ..................16 Interpretations to be Included in the 2008-09 NCAA Division III Manual In accordance with its authority to recommend incorporation of interpretations in the next printing of the NCAA Manual, the NCAA Division III Interpretations and Legislation Committee has recommended and the NCAA Division III Management Council has approved inclusion of the following in the 2009-10 Division III Manual. This will be referenced in the report of this Official Convention Notice during the 2009 Division III business session. Approval of this Official Notice will constitute the incorporation of these interpretations. If a delegate objects to incorporation of a particular interpretation, that objection should be raised at the time of the report of the Official Notice. (It is preferred that any delegate intending to raise an objection also inform a member of the membership services staff of that intent before the Division III business session.) The Division III membership then will decide by majority vote of the eligible voters whether to incorporate the interpretation. It should be noted that these interpretations already have been accepted by the membership, and the only issue concerning these interpretations that is before the Division III membership is whether they should be set forth in the 2009-10 Division III Manual and subsequent Division III Manuals. If the membership votes not to incorporate a particular interpretation into the Manual, the interpretation will still be binding on the membership; it simply will not be included in the 2009-10 Division III Manual. For each of these interpretations approved by the Management Council, the provisions of Constitution 5.4.1.4 also would apply (i.e., any Division III member to which the interpretation applies may request a review of that interpretation at the 2009 Division III business session by making such a request in writing to the Membership Services staff or the Association’s Convention office before 1 p.m. on the day preceding the Division III business session of the Convention). If an interpretation is not challenged per Constitution 5.4.1.4 and the incorporation of the interpretation into the 2009-10 Manual also is not challenged, it will appear in the 2009-10 Division III Manual as noted. NO. I-2009-1 RECRUITING — CONTACTS AND EVALUATIONS — CONTACT BY COACH EMPLOYED IN ADMISSIONS OFFICE *No.8 (No.2-12) *No.9 (No.2-1) *No.10 (No.2-3) GENERAL GROUPING No. 11 (No.2-2) Recruiting –Tryout Exceptions — Use of Facilities for Activities Related to a Nonsponsored Sport......................................18 Playing and Practice Seasons — End of Regular Season — All Sports with a Fall Nontraditional Segment ..............................19 No. 12 (No.2-8) *Designated by NCAA Division III Presidents Council for roll-call vote. Bylaws: Amend 13.1.1, as follows: 13.1.1 Contactable Prospective Student-Athletes. 13.1.1.1 High School Prospective Student-Athletes. In-person, off-campus recruiting contacts shall not be made with a prospective student-athlete or the prospective student-athlete’s relatives or guardian(s) until the prospective student27 26 athlete has completed the junior year in high school. U.S. service academy exceptions to this provision are set forth in Bylaw 13.16.1. 13.1.1.1.1 Contact by Coach Employed in Admissions Office. It is permissible for a coach who is employed in the admissions office of the institution to be involved in off-campus admissions programs directed at prospective students in general, provided contact made with a prospective student-athlete prior to the completion of his or her junior year in high school is not for the purpose of athletics recruitment (e.g., athletics recruiting presentation). Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: This incorporation of part of the 9/19/05 official interpretation into the Division III Manual clarifies the dual role of an athletics department staff member’s involvement with the admissions office warrants inclusion in the Manual. This incorporation helps to clarify and codify the application of the NCAA recruiting rules relative to institutional admissions departments. NO. I-2009-2 RECRUITING — CONTACTS AND EVALUATIONS — CONTACT RESTRICTIONS AT PRACTICE OR COMPETITION SITE — CONTACT WITH PROSPECTIVE STUDENT-ATHLETE DURING A TOURNAMENT OR ON AN EXTENDED ROAD TRIP during an extended road trip, recruiting contact may be made with a prospective student-athlete at the conclusion of a competition and prior to the team traveling to the next competition, provided he or she has been released by the appropriate institutional authority and has departed the dressing and m e e t ing facility. Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: This incorporation of the 6/10/08 official interpretation into the Division III Manaul clarifies the application of the recruiting contact legislation with respect to multiple day tournaments not conducted on consecutive days and extended road trips. Because of the frequent nature of such events, the interpretation warrants inclusion in the Manual. Estimated Financial Impact: None. Bylaws: Amend 13.1.4.2, as follows: 13.1.4.2 Practice or Competition Site. Recruiting contact may not be made with a prospective student-athlete before any athletics competition in which the prospective student-athlete is a participant during the day or days of competition, even if the prospective student-athlete is on an official or unofficial visit. Such contact shall be governed by the following: [13.1.4.2-(a) through 13.1.4.2-(d) unchanged.] 13.1.4.2.1 Contact with Prospective Student-Athlete during Tournament or Extended Road Trip. Recruiting contact may be made with a prospective studentathlete during a tournament that is not conducted on consecutive days, provided the prospective studentathlete has been released by the appropriate institutional authority and the contact occurs on a day in which there is no further competition. Additionally, 28 29 30 Appendix C Noncontroversial Legislation Adopted by the NCAA Division III Management Council Pursuant to NCAA Constitution 4.8.3-(d) and 5.3.1.1.1, the NCAA Division III Management Council has adopted the following noncontroversial legislative amendments during the past year. The Management Council is permitted to adopt such legislation if it is noncontroversial and necessary in the normal and orderly administration of the Association’s legislation. These actions will be referenced in the report of this Official Convention Notice during the 2009 Division III business session. Approval of the Official Notice will constitute ratification of these actions and incorporation in the 2009-10 NCAA Division III Manual. If a delegate objects to ratification of a particular amendment, that objection should be raised at the time of the report of the Official Notice. (It is preferred that any delegate intending to raise an objection also inform a member of the membership services staff of that intent before the Division III business session.) The Division III membership then will decide by majority vote of the eligible voters whether to ratify that amendment. NO. NC-2009-1 ELIGIBILITY — FULL-TIME ENROLLMENT REQUIREMENT — EXCEPTION — ELIGIBILITY FOR COMPETITION BEYOND 60 DAYS OF GRADUATION — GRADUATION IN LESS THAN FOUR YEARS Intent: To specify that a student-athlete who graduates in less than four years from initial full- or part-time collegiate enrollment shall remain eligible for an NCAA championship that is conducted at the conclusion of the traditional season, but begins more than 60 days following the end of the term in which the student-athlete completes all degree requirements. A. Bylaws: Amend 14.1.8.2, as follows: 14.1.8.2 Requirement for Competition. To be eligible for competition, a student-athlete shall be enrolled in a least a minimum full-time program of studies leading to a baccalaureate or equivalent degree as defined by the institution, which shall not be less than 12-semester or quarter hours. 14.1.8.2.1 Exceptions. The following exceptions to the minimum 12-semester- or 12-quarter hour enrollment are permitted: [14.1.8.2.1.1 through 14.1.8.2.1.2 unchanged.] 14.1.8.2.1.3 Final Semester/Quarter. A student-athlete may compete while enrolled in less than a minimum full-time 31 program of studies, provided the student is enrolled in the final semester or quarter of the baccalaureate or graduate program and the institution certifies that the student is carrying (for credit) the courses necessary to complete degree requirements. The student granted eligibility under this provision shall be eligible for any NCAA championship that begins within 60 days following said semester or quarter, provided the student has not exhausted the 10 semesters/15 quarters for completion of the individual’s four seasons of eligibility (see Bylaw 14.2). Thereafter, the student shall forfeit eligibility in all sports, unless the student completes all degree requirements during that semester or quarter and is eligible to receive the baccalaureate or graduate diploma on the institution’s next degree-granting date. The Management Council, or a committee designated by the Management Council to act for it, may waive the 60-day requirement when an championship is conducted at the conclusion of the traditional playing season but begins more than 60 days after the end of said term. 14.1.8.2.1.3.1 Graduation in Less than Four Years. A student-athlete who graduates in less than four consecutive years from his or her initial collegiate enrollment (full time or part time) shall remain eligible for an NCAA championship that is conducted at the conclusion of the traditional season, but begins more than 60 days following the end of the term in which the student-athlete completes all degree requirements. B. Bylaws: Amend 14.1.9.2, as follows: 14.1.9.2 NCAA Championship after Last Term of Eligibility. A student-athlete who is eligible during the term in which degree work is completed (or is eligible as a graduate, per Bylaw 14.1.9) remains eligible for any NCAA championship that begins within 60 days after the end of the term in which the student completes the requirements for the degree (or graduate eligibility). The Management Council, or a committee designated by the Management Council to act for it, may waive the 60-day requirement when an NCAA championship is conducted at the conclusion of the traditional playing season but begins more than 60 days after the end of said term. 14.1.9.2.1 NCAA Championship After Graduation in Less than Four Years. A student-athlete who graduates in less than four consecutive years from his or her initial collegiate enrollment (full time or part time) shall remain eligible for an NCAA championship that is conducted at the conclusion of the traditional season, but begins more than 60 days following the end of the term in which the student-athlete completes all degree requirements. 32 Source: NCAA Division III Management Council (Academic Issues Subcommittee). Effective Date: Immediate. Additional Info: Current legislation allows a student-athlete to be eligible for any NCAA championship that begins within 60 days following the student’s final semester or quarter and allows an opportunity for a waiver when the championship is conducted at the conclusion of the traditional playing season but begins more than 60 days after the end of the term. The NCAA Division III Academic Issues Subcommittee is currently granting waivers to student-athletes who graduate in less than four consecutive academic years from initial full- or part-time enrollment, have at least three semesters/four quarters remaining under the 10semester/15-quarter rule, and whose NCAA championship is conducted beyond the 60-day window. The subcommittee has approved the waiver requests based on the rationale that student-athletes who have graduated in less than four consecutive academic years should be provided the same NCAA championship opportunities as student-athletes who graduate in four academic years or more. Further, codifying this exception will provide notice and allow all NCAA Division III student-athletes to access this exception. The waiver process will still be available for student-athletes who do not meet the newly established criteria, but who may have circumstances that warrant review. Estimated Financial Impact: None. NO. NC-2009-2 RECRUITING — DEFINITIONS AND APPLICATIONS — ELECTRONIC TRANSMISSIONS — EXCEPTION — ELECTRONIC TRANSMISSIONS BY INDIVIDUALS DIAGNOSED AS DEAF OR HARD OF HEARING Intent: To specify that electronically transmitted correspondence in forms other than electronic mail and facsimiles may be sent to a prospective student-athlete if either the athletics department staff member sending the correspondence or the prospective student-athlete receiving the correspondence has been diagnosed as deaf or hard of hearing. Bylaws: Amend 13.02, as follows: [13.02 through 13.02.7 unchanged] 13.02.8 Telephone Calls. All electronically transmitted human voice exchange (including videoconferencing and videophones) shall be considered telephone calls. All electronically transmitted correspondence (e.g., electronic mail, facsimiles, instant messaging, text messaging and social networking Web sites) shall not be considered telephone calls. 33 13.02.9 Electronic Transmissions. Electronically transmitted correspondence that may be sent to a prospective student-athlete by, or on behalf of, a member of the institution’s athletics department staff is limited to electronic mail and facsimiles. All other forms of electronically transmitted correspondence (e.g., instant messaging, text messaging and social networking Web sites) are prohibited. 13.02.9.1 Exception — Electronic Transmissions by or to Individuals Diagnosed as Deaf or Hard of Hearing. Electronically transmitted correspondence in forms other than electronic mail and facsimiles may be sent to a prospective student-athlete if either the athletics department staff member sending the correspondence or the prospective student-athlete receiving the correspondence has been diagnosed as deaf or hard of hearing. [13.02.10 unchanged.] Source: NCAA Division III Management Council. Effective Date: August 1, 2008 Additional Info: For those individuals in the deaf or hard of hearing community, certain forms of electronically transmitted correspondence such as text messaging and instant messaging are used in the same manner that nonhearing impaired individuals use the telephone. Since there are not restrictions on telephone calls in the recruiting process, this exception will allow those individuals who are diagnosed as deaf or hard of hearing to have access to equivalent means of communication with the same lack of limitations placed on telephone calls for non-hearing impaired individuals. This proposal is noncontroversial because the Division III membership was made aware that this change would occur upon its adoption of 2008 Convention Proposal No. 4 through notice in the 2008 Convention Question and Answer document. Estimated Financial Impact: None. NO. NC-2009-3 ELIGIBILITY — SATISFACTORYPROGRESS REQUIREMENTS — CORRESPONDENCE, EXTENSION, CREDIT-BY-EXAMINATION AND ONLINE COURSES [14.4.1 through 14.4.1.3 unchanged.] 14.4.1.4 Correspondence and Extension Courses from Another Institution. Correspondence, extension and credit-by-examination courses taken from an institution other than the one in which a student-athlete is enrolled as a full-time student shall not be used in determining a student’s academic standing or satisfactory progress. 14.4.1.4.1 Waivers. Waivers of this restriction may be granted by the Management Council in response to written requests from member institutions. 14.4.1.4.2 Centralized Correspondence-Course Exception. In a state that centralizes the offering of correspondence courses through one state institution, a student enrolled in another of the state’s institutions may use a correspondence course from the institution authorized to offer such courses in determining the student’s academic standing or satisfactory progress. 14.4.1.54 Correspondence, Extension, Credit-by-Examination and Online Courses. Use of correspondence, extension, credit-by-examination, and online courses for purposes of academic standing or satisfactory progress shall be determined by the regulations of the certifying institution, regardless of whether the online courses are taken through the certifying institution or through another institution. [14.4.1.6 renumbered as 14.4.1.5 unchanged.] Source: NCAA Division III Management Council (Academic Issues Subcommittee). Effective Date: August 1, 2008 Additional Info: The adoption of 2008 NCAA Division III Convention Proposal No. 12 allows the use of online courses as determined by individual institutions, but continues to prohibit the use of correspondence, extension and credit-by-examination courses for purposes of academic standing or satisfactory progress. In practice, correspondence, extension and credit-byexamination courses are now generally completed partially or completely online. Allowing an institution to determine if correspondence, extension and credit-by-examination courses should be used in determining a student-athlete’s academic standing or satisfactory progress reflects the Division III philosophy by deferring to institutional autonomy. This reinforces the general requirement that satisfactory progress is to be interpreted at each member institution by the academic authorities who determine the usage of these academic courses for all students. This proposal is noncontroversial because the Division III membership was made aware that this change would occur upon its adoption of 2008 Convention Proposal No. 12 through notice in the 2008 Convention Question and Answer document. Estimated Financial Impact: None. 35 Intent: To specify that the use of correspondence, extension and credit-by-examination courses for purposes of academic standing or satisfactory progress shall be determined by the regulations of the certifying institution, regardless of whether the courses are taken through the certifying institution or through another institution. Bylaws: Amend 14.4.1, as follows: 34 NO. NC-2009-4 COMMON COMMITTEES — COMMITTEES WITH PLAYING RULES AND CHAMPIONSHIPS ADMINISTRATION RESPONSIBILITIES — WRESTLING COMMITTEE NO. NC-2009-6 (Note: NC-2009-4 was a common proposal that required adoption by all three divisions. Because it was not adopted by each division, it is rendered moot in Division III.) NO. NC-2009-5 COMMITTEES — ASSOCIATION-WIDE COMMITTEES — GENERAL COMMITTEES — HONORS COMMITTEE — TERM OF OFFICE COMMITTEES — ASSOCIATION-WIDE COMMITTEES — RULES COMMITTEES WITHOUT CHAMPIONSHIPS ADMINISTRATION RESPONSIBILITIES — WOMEN’S LACROSSE RULES COMMITTEE Intent: To establish an NCAA Women’s Lacrosse Rule Committee composed of nine members, including the secretary-rules editor. Bylaws: Amend 21.3, as follows: [Common provision, all divisions, divided vote] 21.3 ASSOCIATION-WIDE COMMITTEES — RULES COMMITTEES WITHOUT CHAMPIONSHIPS ADMINISTRATION RESPONSIBILITIES [21.3.1 through 21.3.7 unchanged.] 21.3.8 Lacrosse Rules Committee, Women’s. The Women’s Lacrosse Rules Committee shall consist of nine members and shall be constituted as follows: (a) Four members shall be from Division I, one member shall be from Division II and three members shall be from Division III. One additional member shall serve as a nonvoting secretary-rules editor; and (b) One member shall be elected chair. [21.3.8 through 21.3.10 renumbered as 21.3.9 through 21.3.11, unchanged.] Source: NCAA Division III Management Council (Championships Committee). Effective Date: August 1, 2005 Additional Info: This proposal was originally adopted by Division III at the April 19, 2004, Division III Management Council meeting as 2005 NCAA Convention Division III Proposal No. NC-6. This proposal should have appeared in blue pages of the Official Notice for the 2005 Convention for ratification by the Division III membership. Due to administrative error, the proposal was not included in the 2005 Official Notice. This is a common provision and was therefore not effective until all three divisional council’s adopted it. It was adopted by all three divisions on June 23, 2005, with an August 1, 2005, effective date. The committee has been in operation since that time. The proposal will be placed before the Division III membership at the 2009 Convention for ratification. Intent: To specify that the term of office for a member of the NCAA Honors Committee shall begin on the day following adjournment of the NCAA Convention following the member’s appointment. Bylaws: Amend 21.2.3, as follows: [Common provision, all divisions, divided vote] 21.2.3 Honors Committee 21.2.3.1 Composition. The Honors Committee shall consist of nine members, including one current or former chancellor or president from a member institution, one member from each division and subdivision of Division I and three nationally distinguished citizens, one of which must be a former NCAA honors recipient. Division II and Division III will be represented each by a member of the Management Council. Two positions shall be allocated for men, two allocated for women and five unallocated. 21.2.3.2 Term of Office. A member’s term of service shall commence on the day following adjournment of the NCAA Convention following the member’s appointment. [21.2.3.2 renumbered as 21.2.3.3 unchanged.] Source: NCAA Division III Management Council (Honors Committee). Effective Date: Immediate. Additional Info: Changing the term start date for the Honors Committee from September 1 to the close of the NCAA Convention would provide better continuity for the committee. The work of the Honors Committee culminates at the Convention, and the committee believes it is logical for a committee member to remain through the Convention to participate in the full year of the selection process. Estimated Financial Impact: None. 36 37 NO. NC-2009-7 NCAA MEMBERSHIP — PROVISIONAL MEMBERSHIP — ELECTION PROCEDURES — APPLICATION — DEADLINES NO. NC-2009-8 AMATEURISM — USE OF AGENTS — SCHOLARSHIP AGENT Intent: To eliminate the legislation related to scholarship agents. Bylaws: Amend 12.3, as follows: 12.3 USE OF AGENTS. [12.3.1 through 12.3.2 unchanged.] 12.3.3 Scholarship Agent. Any individual, agency or organization that represents a prospective student-athlete for compensation in placing the prospective student-athlete in a collegiate institution as a recipient of institutional financial aid shall be considered an agent or organization marketing the individual’s athletics ability or reputation. 12.3.3.1 Talent Evaluation Services and Agents. A prospective student-athlete may allow a scouting service or agent to distribute personal information (e.g., high school academic and athletics records, physical statistics) to member institutions without jeopardizing his or her eligibility, provided the fee paid to such an agent is not based on placing the prospective student-athlete in a collegiate institution as a recipient of institutional financial aid. [12.3.4 renumbered as 12.3.3, unchanged.] Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: For purposes of deregulation and because a Division III student-athlete may not permissibly receive financial aid based on his or her athletics involvement, it is not necessary to specify that a prospective student-athlete may jeopardize his or her eligibility based on using a scholarship agent that charges a fee contingent on the receipt of institutional financial aid. Estimated Financial Impact: None. NO. NC-2009-9 ELIGIBILITY — HARDSHIP WAIVER — CRITERIA FOR ADMINISTRATION OF HARDSHIP WAIVER — NCAA REGIONAL CROSS COUNTRY MEET Intent: To create a consistent deadline for the provisional and reclassifying application submission of May 15. A. Constitution: Amend 3.6.3.1, as follows: 3.6.3.1 Application. An institution desiring to become a provisional member of this Association must complete a one year “exploratory period” prior to application and attend a required information meeting. The applicant institution must register with the national office by June 1 May 15 in order to start this period. Following the exploratory period, the applicant shall apply on a form available from the national office. Provisional applications shall be approved based on the standards in Bylaw 20.3.1. [3.6.3.1.1 unchanged.] B. Bylaws: Amend 20.4.2.1, as follows: 20.4.2.1 Deadline for Submission of Approved Form. When petitioning for multidivision classification, a member shall submit its request to the Membership Committee on a form approved by the Membership Committee. The form must be received in the national office (by mail or wired transmission) not later than June 1 May 15. Any form received after that date shall be postmarked not later than May 25 May 8. C. Bylaws: Amend 20.6.2.1, as follows: 20.6.2.1 Application. When petitioning for change of division membership, a member shall submit a form approved by the Membership Committee available from the national office. The form shall be received in the national office not later than June 1 May 15. Any form received after that date shall be postmarked not later than May 25 May 8. Source: NCAA Division III Management Council (Membership Committee). Effective Date: Immediate. Additional Info: There are conflicting provisional, multidivision and reclassifying application deadlines in the legislation and the application forms. One deadline (May 15) was noted on the application forms and was the intent of the NCAA Division III Membership Committee based on their administrative timeline for handling these requests. This proposal resolves the conflict and provides a consistent reference to the correct date of May 15. Estimated Financial Impact: None. 38 Intent: To specify that for purposes of applying the hardship waiver legislation, the NCAA regional cross country meet may be counted as one date of competition in determining the institution’s scheduled or completed dates of competition, provided no qualifying standards exist for participation in the meet. Bylaws: Amend 14.2.5.2.5, as follows: 39 14.2.5.2.5 Percent Calculation. The following requirements are to be met in determining the percent calculation under this waiver provision: (Note: The percent calculation requirements set forth in Bylaws 14.2.5 and 14.2.5.2.3 apply only to the waiver provisions of this section and do not apply to the maximumand minimum-contests requirements in Bylaw 20.) [14.2.5.2.5.1 through 14.2.5.2.5.3 unchanged.] 14.2.5.2.5.4 NCAA Regional Cross Country Meet. The NCAA regional cross country meet may be counted as one date of competition in determining the institution’s scheduled or completed dates of competition, provided no qualifying standards exist for participation in the meet. Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: Currently, institutions are permitted to use the regional cross country meet to fulfill minimum contest requirements for sports sponsorship per Bylaw 20.11.3.5.2 (regional cross country qualifying meets); however, the meet cannot be used in determining hardship calculations, such as the percent calculation. This creates a student-athlete well-being issue, as the student-athlete is placed at a disadvantage while the institution benefits from the use of the meet to fulfill sports sponsorship requirements. The meet does not have any qualification standards and is typically considered a regular season competition within the cross country community. As such, the meet should be treated as any other regular season competition when determining eligibility for a hardship waiver. Estimated Financial Impact: None. NO. NC-2009-10 ELIGIBILITY — TRANSFER REGULATIONS — EXCHANGE STUDENT EXCEPTION Intent: To specify that a foreign exchange student or other exchange student may qualify for an exception to the one-year transfer residence requirement, provided he or she is enrolled in the certifying institution for a specified period of time as an exchange student participating in a formal and established educational exchange program recognized by the institution’s academic authorities. A. Bylaws: Amend 14.5.1.5, as follows: 14.5.1.5 Foreign Institution Transfers. A transfer student from a foreign collegiate institution (college, university or two-year college), except one entering as a bona fide exchange student, shall comply with the one-year residence requirement set forth in Bylaw 14.5.5.1. 40 14.5.1.5.1 Bona Fide Foreign Exchange Student Exception. A bona fide foreign exchange student is an individual who is sponsored by his or her nation’s government, or is sponsored by the U.S. Department of State, Rotary International, the Ford Foundation, the Institute of International Education or a similar organization. For a student to be considered a bona fide exchange student, the sponsoring organization shall identify the student before the student’s departure from his or her home country and make the necessary arrangements to finance the student’s education under the foreign exchange program. If these arrangements have not been completed before the student’s enrollment at the member institution, the student is considered to be a transfer student and may not represent the certifying institution in competition until the individual has met the required residence requirement. A student who transfers to the certifying institution shall be immediately eligible if the student is enrolled in the certifying institution for a specified period of time as a foreign exchange student participating in a formal and established educational exchange program (e.g., sponsored by the U.S. Department of State, Rotary International, the Ford Foundation, the Institute of International Education) recognized by the institution’s academic authorities. B. Bylaws: Amend 14.5.5.1.2, as follows: 14.5.5.1.2 Exchange Student Exception. The A student who transfers to the certifying institution shall be immediately eligible if the student is enrolled in the certifying institution for a specified period of time as a bona fide exchange student participating in a formal and established educational exchange program that is an established requirement of the student-athlete’s curriculum recognized by the institution’s academic authorities. Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: This proposal clarifies the autonomy afforded to the institution’s academic authorities in determining whether a transfer student-athlete attending their institution is participating in an established exchange program. In addition, this will clarify that the previously noted list of organizations offering exchange programs are only to serve as examples and should not be treated as an all-inclusive list. This proposal is the result of a charge from the NCAA Division III Presidents Council to the NCAA Division III Interpretations and Legislation Committee to review Bylaw 14 (eligibility) for any academic-based programming legislation that is not currently being given proper institutional autonomy. Estimated Financial Impact: None. 41 NO. NC-2009-11 AWARDS, BENEFITS AND EXPENSES — EXPENSES PROVIDED BY THE INSTITUTION FOR PRACTICE AND COMPETITION — OTHER COMPETITION Intent: To permit an institution to provide actual and necessary expenses related to a student-athlete’s participation in one national team tryout competition event per academic year (or in the following summer) from which participants are selected for the team that will participate in the Olympic Games, Pan American Games, World Championships, World Cup, World Youth Championships or World University Games. Bylaws: Amend 16.8.1.3, as follows: 16.8.1.3 Other Competition. During an academic year in which a student-athlete is eligible to represent an institution in athletics competition (or in the next summer), an institution may provide actual and necessary expenses related to participation in the following activities: (a) Established national championship events (including junior national championships); (b) One qualifying competition per academic year Specific competition (e.g., Olympic Trials) from which participants may directly qualify for the Olympic, Pan American, World Championships, World Cup, World Youth Championships and World University Games.; and (c) One national team tryout competition event from which participants are selected for the national team that will participate in the Olympic Games, Pan American Games, World Cup, World Youth Championships or World University Games. Although national team participants may be selected from multiple tryout events for a particular listed competitive event, an institution may provide expenses for only one such tryout event for each of the listed competitive events. Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: This proposal will allow an institution the discretion to provide actual and necessary expenses for a student-athlete to attend one national team tryout event for each of the listed elite events per academic year. Actual and necessary expenses could be provided for one event even if there are multiple qualifying competition events for the elite competition (e.g., multiple national team tryout events). Finally, per current legislation, the institution will continue to be able to provide ex42 penses for student-athletes to participate in the specific events by which the national teams qualify for the listed elite international competitions. Estimated Financial Impact: None. NO. NC-2009-12 AWARDS, BENEFITS AND EXPENSES — SPECIAL ACHIEVEMENT AWARDS — CONFERENCE STUDENT-ATHLETE OF THE YEAR AND CONFERENCE ACADEMIC SCHOLAR-ATHLETE OF THE YEAR AWARDS Intent: To establish a value for a conference student-athlete of the year award and a conference scholar-athlete of the year award to one male and one female student-athlete each year, respectively, as specified; further, to include a conference as a permissible awarding agency that may provide an award to a studentathlete for special attainments or contribution to a conference team’s season. Bylaws: Amend Figure 16-3, as follows: Special Achievement Awards Type of Maximum Number Permissible Award Value of of Times Awarding Award Award May Agencies Be Received Special attainments $175 or contribution to team’s season (e.g., scholar-athlete, most improved player, most minutes played, most valuable player) Conference student- $350 athlete of the year award Once per category • Institution of award per year • Conference Maximum Number of Permissible Awarding Agencies 12 Once per year for Conference one male studentathlete and one female studentathlete 1 Conference scholar- $350 athlete of the year award Once per year for Conference one male studentathlete and one female studentathlete [Remainder of Figure 16-3 unchanged.] 1 Source: NCAA Division III Management Council (Interpretations and Legislation Committee). 43 Effective Date: Immediate. Additional Info: Current legislation indicates that a conference may provide athlete of the year awards and conference academic awards and may provide actual and necessary expenses for a student-athlete’s travel to receive these conference awards, but it does not specify a value for the actual awards (e.g., trophy, plaque, ring). This proposed change will permit a conference to provide specific student-athlete of the year and scholar-athlete of the year awards to one male and one female each year, with the value of such awards not to exceed $350 each. Conference student-athlete of the year and scholar-athlete of the year awards are unique because they recognize the best student-athletes among all sports within a conference. Accordingly, the maximum value of the award should be set at $350. In addition, a conference should be permitted to provide student-athletes with special attainment or contribution awards. Current legislation only permits institutions to be the permissible awarding agencies for these awards. These recommended changes will allow conferences to award the student-athlete for his or her achievements at the conference level. Estimated Financial Impact: There will be an expense for any conference choosing to provide these awards. NO. NC-2009-13 PLAYING AND PRACTICE SEASONS — GENERAL REGULATIONS FOR COMPUTING PLAYING SEASONS — REDEFINING A WEEK DURING A SEGMENT OR BETWEEN SEGMENTS OF THE PLAYING SEASON Intent: To permit an institution to redefine its week during a segment of the playing season following any period of seven consecutive days that includes a vacation, final-examination period or holiday period during which no athletically related activities occur and between segments of the playing season, provided the institution divides its practice and playing season into two distinct segments. Bylaws: Amend 17.1.9, as follows: 17.1.9 General Regulations for Computing Playing Seasons. In determining the length of an institution’s playing season, the following regulations shall apply: (a) Week. Practice or competition during any part of a week shall be counted as a full week (e.g., practice or competition during nine weeks and one day shall be counted as 10 weeks). A week shall be defined by the institution as any consecutive seven-day period, regardless of the day on which the seven-day period begins (e.g., nine full weeks and one day shall be counted as 10 weeks). During a segment of the playing season, an institution may only redefine its week following a period of at least seven consecutive 44 days that includes a vacation, final-examination period or holiday period during which no athletically related activities occur. An institution may redefine its week between segments of the playing season, provided the institution divides its practice and playing season into two distinct segments per Bylaw 17.1.2; (b) Consecutive Weeks. In all sports, the playing season, or its segments, shall consist of consecutive seven-day periods and the institution’s week cannot be redefined during any segment of the playing season (except as specified above); (c) Total Combined Length. The total number of weeks for both segments of a playing season combined shall not exceed the maximum permitted in a particular sport, for the purpose of computing the playing season, and, except as otherwise noted, shall apply during the entire calendar year; and (d) Holiday, Vacation, Exam Periods. In traditional and nontraditional segments, any practice or competition during published vacation, holiday and final-examination periods during the academic year shall be counted as part of the playing season. If practice or competition is not scheduled during any full week (seven consecutive days) that includes a vacation, final-examination period or holiday period, it neither shall be counted as part of the playing season nor shall constitute a break in a segment. Source: NCAA Division III Management Council (Playing and Practice Seasons Subcommittee). Effective Date: Immediate. Additional Info: Under current legislation, an institution must define its week for the purposes of calculating the playing season and cannot change that defined week during the course of any segment of the playing segment. As such, during a vacation period under current legislation, it is not sufficient to take any seven-consecutive days off if those days do not coincide with the institution’s defined week, because practice during any part of the defined week constitutes usage of the entire week. Because of the current legislative requirements, an institution may choose not to schedule practice or competition for a period of time in excess of the seven days; however, only the seven days that coincide with the defined week will not be counted as part of the playing season. This proposal would permit an institution to redefine its week following the vacation period, therefore making it possible to use the true number of weeks afforded to the institution by the legislation and allowing coaches to give student-athletes more days off during the holiday period without losing practice time. The proposal provides a more practical application for the use of the holiday break period. Estimated Financial Impact: None. 45 NO. NC-2009-14 ELIGIBILITY — SEASONS OF PARTICIPATION — CRITERIA FOR DETERMINING SEASON OF ELIGIBILITY — MINIMUM AMOUNT OF PARTICIPATION — PRACTICE WHILE SUBCOMMITTEE FOR LEGISLATIVE RELIEF WAIVER IS PENDING Intent: To permit a student-athlete, for whom a Subcommittee for Legislative Relief waiver request is pending, to practice, but not compete, after the first contest or date of competition in the traditional segment in the student-athlete’s sport without using a season of participation. Bylaws: Amend 14.2.4.1, as follows: 14.2.4.1 Minimum Amount of Participation. A season of intercollegiate participation shall be counted when a student-athlete participates (practices or competes) during or after the first contest in the traditional segment following the student-athlete’s initial participation of that academic year at that institution or when the student-athlete engages in intercollegiate competition during the nontraditional segment. This provision is applicable to intercollegiate athletics participation (practice or competition) conducted by a Division III collegiate institution at the varsity, junior varsity or freshman team level. [14.2.4.1.1 unchanged.] 14.2.4.1.2 Pending Subcommittee for Legislative Relief Waiver. A student-athlete for whom a Subcommittee for Legislative Relief waiver request is pending may practice, but not compete, after the first contest or date of competition in the traditional segment in the student-athlete’s sport without using a season of participation provided the institution has received official notification that the national office has received the institution’s completed waiver application and all relevant supporting documentation. If the waiver request is denied, the student-athlete must cease practicing immediately on notification to the institution of the decision or the student-athlete shall be charged with the use of a season of participation. If the institution chooses to appeal a waiver denial, the student-athlete shall not resume practice until the institution receives official notification that any information required for appeal has been received. If the subcommittee denies the appeal, the student-athlete must cease practicing immediately upon notification to the institution of the decision or the student-athlete shall be charged with the use of a season of participation. 46 Source: NCAA Division III Management Council (Subcommittee for Legislative Relief). Effective Date: Immediate. Additional Info: Currently, a student-athlete may not continue practicing with his or her team after the first contest of the traditional segment or the student-athlete would trigger the use of a season of participation. The standard processing time for a Subcommittee for Legislative Relief waiver request is approximately three weeks; therefore, when a waiver is submitted, a student-athlete must decide to refrain from practicing with the team beyond the first contest date (in the event the waiver request is denied); or take a chance of using the season of participation without ever being able to compete and continue practicing in anticipation that the waiver will be granted. In cases of student-athletes who refrain from practicing with the team and are subsequently granted a waiver, both safety and competitive issues arise when the student-athlete returns to the team since the student-athlete may not be in his or her best physical condition after not practicing. Permitting student-athletes to practice while a waiver is pending promotes student-athlete well-being by allowing a student-athlete to maintain the best physical condition while not competing and reducing the likelihood of sustaining an injury when resuming competition. Estimated Financial Impact: None. NO. NC-2009-15 COMMITTEES — COMMITTEE ON WOMEN’S ATHLETICS — COMPOSITION — DIVISION I MANAGEMENT COUNCIL REPRESENTATION Intent: To eliminate the requirement that one of the six Division I members of the Committee on Women’s Athletics must also be a member of the Division I management Council. Bylaws: Amend 21.2.10, as follows: [Common provision, all divisions, divided vote] 21.2.10 Women’s Athletics, Committee on. 21.2.10.1 Composition. The Committee on Women’s Athletics shall consist of 15 members, including six members from Division I, one of whom is a member of the Division I Management Council, three members from Division II and three members from Division III. Four positions shall be allocated for men, four allocated for women and four unallocated. One student-athlete from each division (who shall have one combined vote) shall serve as a member of the committee. The Division I student-athlete may serve on the committee up to one year after completion of his or her intercollegiate athletics eligibility. The Division II and Division III student-athletes may serve on the committee up to two years 47 after completion of his or her athletics eligibility. [21.2.10.2 unchanged.] Source: NCAA Division III Management Council. Effective Date: Immediate. Additional Info: Under the new Division I governance structure, the Committee on Women’s Athletics (CWA) will report to the Leadership Council. To assist in ensuring a high level of communication between the Council and the Committee on Women’s Athletics’s, the Governance Subcommittee recommends that the Leadership Council name a formal liaison to the committee. The Leadership Council liaison to the committee would assist in maintaining a high level of dialogue between the two bodies. Additionally, this proposal would ensure more opportunities would be available for the Division I membership to serve on Committee on Women’s Athletics. Committee Position (Management Council): Estimated Financial Impact: None. NO. NC-2009-16 LEGISLATIVE PROCESS — OTHER LEGISLATIVE AND AMENDMENT PROCEDURES — INTERPRETATION PROCESS — STAFF INTERPRETATION Intent: To specify that a staff interpretation that has been reviewed and approved by the Interpretations and Legislation Committee shall be binding on all institutions on publication to the membership. Constitution: Amend 5.4.1.2, as follows: 5.4.1.2 Interpretation Process. 5.4.1.2.1 Response to Request Staff Interpretation (Determination). The membership services staff shall respond to a request from a member institution for an interpretation of NCAA rules. Such an interpretation is binding on the institution unless it is modified by the Interpretations and Legislation Committee. 5.4.1.2.21.1 Review Appeal of Staff Interpretation. A member institution may request a review by appeal a staff interpretation to the Interpretations and Legislation Committee of any interpretation provided by the membership services staff. Such a request must be submitted in writing by the institution’s conference or by one of the five individuals who are authorized to request such interpretations on behalf of the institution [i.e., president or chancellor, faculty athletics representative, athletics director, senior woman administrator, compliance coordinator, or designated substitute(s) for the president or chancellor and/or athletics director, as specified in writing to the national office]. 48 5.4.1.2.1.2 Review of Staff Interpretations. The Interpretations and Legislation Committee shall review all staff interpretations. 5.4.1.2.1.3 Publication and Notification. A staff interpretation shall be binding on the requesting institution on notification of the response to its interpretation request, unless the interpretation is modified or reversed on appeal or review by the Interpretations and Legislation Committee. A staff interpretation that has been reviewed and approved by the Interpretations and Legislation Committee shall be binding on all institutions on publication to the membership (e.g., announced on the NCAA Web site or Legislative Services Database for the Internet). [5.4.1.2.3 through 5.4.1.2.5 renumbered as 5.4.1.2.2 through 5.4.1.2.4, unchanged.] Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate, policy applies for interpretations issued following the October Management Council meeting. Additional Info: Currently, when the NCAA membership services staff issues an interpretation (staff determination), it is only binding on the institution that requested the interpretation and other institutions that become aware of it. Staff confirmations are not considered interpretations under the legislation because they simply confirm the application of the legislation in question. There has been concern expressed that the current procedure punishes the conscientious institutions that request interpretations and permits all other institutions to continue to act contrary to an interpretation of which they are not aware. This change in policy was previously endorsed as policy by the Interpretations and Legislation Committee during its January 2008 meeting. This noncontroversial amendment codifies that policy change. The committee reviews all Division III related staff interpretations as a matter of course and will continue to do so in the future. If the committee disagrees with a staff determination, it can amend or reverse the interpretation. In addition, an institution may request that the committee review a staff determination if it disagrees with the staff. Estimated Financial Impact: None. NO. NC-2009-17 ELIGIBILITY — DEFINITIONS AND APPLICATIONS — EDUCATIONIMPACTING DISABILITY Intent: To establish a definition of “education-impacting disability” as a current impairment that has a substantial educational im49 pact on a student’s academic performance; further, to replace all legislative references of “learning disability” to “education-impacting disability.” A. Bylaws: Amend 14.02, as follows: 14.02 DEFINITIONS AND APPLICATIONS [14.02.1 through 14.02.2 unchanged.] 14.02.3 Education-Impacting Disability. An education-impacting disability is a current impairment that has a substantial educational impact on a student’s academic performance. [14.02.3 through 14.02.11 renumbered as 14.02.4 through 14.02.12, unchanged.] B. Bylaws: Amend 14.1.8.2.2.1, as follows: 14.1.8.2.2.1 Waivers. Waivers may be granted to the minimum 12-semester- or 12-quarter-hour enrollment as follows: [14.1.8.2.2.1.1 through 14.1.8.2.2.1.2 unchanged.] 14.1.8.2.2.1.3 Learning-Disabled and Handicapped Student-Athletes with Education-Impacting Disabilities. The Management Council, or a committee designated by the Management Council to act for it, may waive the 12-hour requirement for a learning-disabled or handicapped student-athlete when objective evidence demonstrates that an institution defines full-time enrollment for that studentathlete to be less than 12 hours to accommodate for the student’s learning disability or handicap education-impacting disability. [14.1.8.2.2.1.4 unchanged.] Source: NCAA Division III Management Council (Academic Issues Subcommittee). Effective Date: Immediate. Additional Info: The nomenclature in the current legislation that references student-athletes whose documented disabilities require reasonable accommodations fails to take into account that circumstances often extend beyond the narrow characterization of “learning disabilities.” Other handicapping conditions and disorders (e.g., sight or hearing limitations, bipolar or psychological disorders, epilepsy or other conditions that require medication and can alter receptiveness to learning) can affect the educational performance of students. It is appropriate to broaden the focus of accommodation and waivers by including these handicapping conditions and disorders to correctly reflect the class of student-athletes who can use this exception in the waiver process. Because this change is one of nomenclature as opposed to substance, a noncontroversial legislative change is appropriate. Estimated Financial Impact: None. 50 NO. NC-2009-18 ELIGIBILITY — SEASONS OF PARTICIPATION: 10-SEMESTER/15QUARTER RULE — 10-SEMESTER/15QUARTER EXTENSION REQUEST — PRACTICE WHILE WAIVER IS PENDING (Note: NC-2009-18 was not adopted by the Management Council, but was referred back to committee.) NO. NC-2009-19 ELIGIBILITY — HARDSHIP WAIVER — CRITERIA FOR ADMINISTRATION OF HARDSHIP WAIVER — MEDICAL DOCUMENTATION — CHIROPRACTOR RECORDS Intent: To specify that chiropractic records do not constitute medical documentation for purposes of administering a hardshipwaiver request. Bylaws: Amend 14.2.5.2.2, as follows: 14.2.5.2.2 Medical Documentation. Contemporaneous or other appropriate medical documentation from a physician (i.e., a medical doctor) that establishes the student-athlete’s inability to compete for the remainder of the traditional playing season as a result of that injury or illness shall be submitted with any hardship-waiver request. Chiropractic records do not constitute medical documentation for purposes of administering a hardship-waiver request. In cases involving a psychological or mental illness, such documentation may be provided by an individual who is qualified and licensed to diagnose and treat the particular illness (e.g., psychiatrist, psychologist). Source: NCAA Division III Management Council (Committee on Student-Athlete Reinstatement). Effective Date: Immediate. Additional Info: The requirement for medical documentation from a physician cannot be satisfied solely by treatment records from a chiropractor given the legislative requirement for documentation from a medical doctor. This proposal will provide proper clarification of this issue within the legislation. The recommended clarification provides notification to student-athletes of documentation standards for medical hardship waivers. Estimated Financial Impact: None. 51 NO. NC-2009-20 PLAYING AND PRACTICE SEASONS — GENERAL PLAYING-SEASON REGULATIONS — REQUIRED DAYS OFF — MULTISPORT STUDENT-ATHLETE Intent: To specify that all athletically related activities shall be prohibited during one calendar day per week for every student-athlete, regardless of the number of sports in which a student-athlete participates. Bylaws: Amend 17.1.6, as follows: 17.1.6 Required Days Off. 17.1.6.1 All Sports. During the playing season (see Bylaw 17.1.1), all athletically related activities shall be prohibited during one calendar day per week, except during participation in NCAA championships. 17.1.6.1.1 Multisport Student-Athlete. All athletically related activities shall be prohibited during one calendar day per week for every student-athlete, regardless of the number of sports in which a student-athlete participates. Source: NCAA Division III Management Council (Playing and Practice Seasons Subcommittee). Effective Date: August 1, 2009 Additional Info: The legislation requiring a day off for all studentathletes is sport specific. However, at the time the legislation was adopted, the effect on a multisport student-athlete was not considered or discussed on the Convention floor. To ensure the health and well-being of the student-athlete, multisport student-athletes should receive the same benefit of a day off from all athletically related activities as single sport student-athletes receive. Under this proposal, it would not be permissible for a student-athlete to practice six days for one sport and during the day off, practice for another sport. Institutions may use their discretion to determine which sport takes precedence in determining the required day off. Estimated Financial Impact: None. NO. NC-2009-21 CHAMPIONSHIPS — CRITERIA FOR ESTABLISHMENT OR CONTINUATION OF CHAMPIONSHIPS — MINIMUM SPONSORSHIP FOR CHAMPIONSHIPS — WOMEN’S SPORTS Intent: To specify that a National Collegiate Championship or a division championship may be established in a women’s sport if at least 40 institutions sponsor the sport. 52 Bylaws: Amend 18.2.4, as follows: 18.2.4 Minimum Sponsorship for Championships Established during 1994-95 or Later. 18.2.4.1 Men’s Sports. A National Collegiate Championship or a division championship may be established during the 1994-95 academic year or thereafter in a men’s sport if at least 50 institutions sponsor the sport. 18.2.4.12 Exception for Women’s Sports during the 1994-95 through 2008-09 Academic Years. A National Collegiate Championship or a division championship may be established during the 1994-95 through 2008-09 academic years in a women’s sport in which the Association does not already conduct a championship if at least 40 institutions sponsor the sport. [18.2.4.1.1 renumbered as 18.2.4.2.1, unchanged.] [18.2.4.2 renumbered as 18.2.4.3, unchanged.] Source: NCAA Division III Management Council (Committee on Women’s Athletics). Effective Date: Immediate. Additional Info: The current legislation was developed to promote gender equity by providing a slightly lower threshold of institutions sponsoring the sport for the establishment of new women’s championships. The initial legislation outlined 1994-95 through 1998-99 as a specified time period that the threshold of 40 institutions was necessary in order for the Association to establish a new women’s championship. The legislation was later extended to 2003-04 and then to 2008-09. As the emerging sports program has evolved beyond its initial 10-year-period with additional sports being added and the ongoing development of existing championships, including bracket expansion, there continues to be a need to permit the establishment of new championships if at least 40 institutions sponsor a sport. Removal of the specified time periods will eliminate the need for additional legislative action to extend this provision. The expansion of men’s championship opportunities makes it prudent to retain the overall principle that 40 institutions are necessary in order for a women’s championship be established to ensure gender equity in NCAA championship and other postseason opportunities for men and women. Also, institutions that are in the process of adding women’s sports have more viable options as the number of women’s championship sports increase. Estimated Financial Impact: None. 53 54 Appendix D Division III Modifications of Wording Pursuant to NCAA Constitution 5.4.1.1.1 Pursuant to NCAA Constitution 5.4.1.1.1, the NCAA Division III Management Council, by a two-thirds majority of its members present and voting, has determined that the following proposals are consistent with the intent of the membership in adopting the original legislation and that sufficient documentation and testimony exists to establish clearly that the original wording of the legislation was inconsistent with that intent. These actions will be referenced in the report of this Official Convention Notice during the 2009 Division III business session. Approval of this Official Notice will constitute ratification of these actions and incorporation in the 2009-10 NCAA Division III Manual. If a delegate objects to ratification of a particular amendment, that objection should be raised at the time of the report. (It is preferred that any delegate intending to raise an objection also inform a member of the membership services staff of that intent before the Division III business session.) The Division III membership then will decide by majority vote of the eligible voters whether to ratify that amendment. NO. M-2009-1 PLAYING AND PRACTICE SEASONS — FOOTBALL — OUT-OF-SEASON ATHLETICALLY RELATED ACTIVITIES — EXCEPTION — COMPLETION OF SPRING PRACTICE PERIOD Intent: In football, to specify that the spring practice period must be completed by the first date of final examinations for the regular academic year. Bylaws: Amend 17.11.6, as follows: 17.11.6 Out-of-Season Athletically Related Activities. Studentathletes and members of the coaching staff shall not engage in athletically related activities outside the playing season per Bylaw 17.02.1.1. 17.11.6.1 Exception. An institution is permitted to conduct conditioning and strength training sessions and limited skill instruction during a consecutive five-week period outside the playing season. During this five-week period, the institution may conduct athletically related activity on a maximum of 16 days with no more than four days of athletically related activity in any one week. Any athletically related activity (per Bylaw 17.02.1.1) shall constitute the use of a day. Skill instruction during this period shall be limited to passing, catching and kicking related drills. Such instruction may include offensive and defensive alignments, but may not involve contact. Except for footballs, the use of helmets, pads, blocking sleds or any other form of sport-re55 lated equipment is prohibited. No missed class time is permitted for these sessions and the institution shall conclude all athletically related activities by the first date of final examinations for the regular academic year. Source: NCAA Division III Management Council (Playing and Practice Seasons Subcommittee). Effective Date: Immediate. Additional Info: The intent of this modification of wording is to prevent the spring practice period in football from extending beyond the conclusion of the spring examination period during the regular academic year. Current legislation for all other fall sports indicates that the spring segment must be completed by the first date of the final examinations for the regular academic year; however, current legislation for the football spring practice period inadvertantly remains silent regarding the end date. Since this legislation intends to provide a similar opportunity for football outside the traditional playing season, the practice period in football should also conclude by the first date of final examinations for the regular academic year. Estimated Financial Impact: None. NO. M-2009-2 FINANCIAL AID — CONSISTENT FINANCIAL AID PACKAGE — FINANCIAL AID REPORTING PROCESS — POLICIES AND PROCEDURES Additional Info: NCAA Bylaw 15.4.1.1 is being modified to more accurately reflect the original intent of the legislation that the Financial Aid Committee is responsible for establishing the policies and procedures of the financial aid reporting process, which includes but is not limited to the format and due date of the report. Estimated Financial Impact: None. NO. M-2009-3 AWARDS AND BENEFITS — ACADEMIC, HEALTH, AND OTHER PROGRAMMING AND SUPPORT SERVICES Intent: To modify current NCAA Bylaw 16.3 (academic and other support services) as specified. Bylaws: Amend 16.9.1, as follows: 16.9.1 Permissible. [16.9.1.1 through 16.9.1.5 unchanged.] 16.9.1.6 Student-Athlete Advisory Committee Meetings. An institution or conference may pay actual and necessary expenses for a student-athlete to attend conference, regional or national student-athlete advisory committee meetings. [16.9.1.7 through 16.9.1.8 renumbered as 16.9.1.6 through 16.9.1.7, unchanged.] Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: This modification clarifies and groups the types of permissible academic and other support services that may be provided to student-athletes based on the adoption of 2008 NCAA Convention Division III Proposal No. 5. This modification is a result of confusion expressed during the 2008 NCAA Convention Division III business session regarding the current permissibility of various types of support services within Division III. This modification does not change the application of current Division III legislation in any way. Estimated Financial Impact: None. NO. M-2009-4 COMMITTEES — DIVISION III COMMITTEES — GENERAL COMMITTEES — FINANCIAL AID COMMITTEE — DUTIES Intent: To clarify that the policies and procedures of the financial aid reporting process shall be established by the Financial Aid Committee and approved by the Management Council. Bylaws: Amend 15.4, as follows: 15.4 FINANCIAL AID. [15.4.1 unchanged.] 15.4.1.1 Financial Aid Reporting Process. An institution shall submit an annual report that includes data regarding the financial aid packages awarded by the institution to freshman and incoming transfer studentathletes and to other incoming students. The format and due date policies and procedures of the financial aid reporting process shall be established by the Financial Aid Committee and approved subject to approval by the Management Council. Source: NCAA Division III Management Council (Financial Aid Committee). Effective Date: Immediate. 56 Intent: To specify that the Financial Aid Committee is responsible for the administration of the financial aid reporting process. 57 Bylaws: Amend 21.9.6.6, as follows: 21.9.6.6 Financial Aid Committee. [21.9.6.6.1 unchanged.] 21.9.6.6.2 Duties. The committee shall be responsible for the review and consideration of the Division III bylaws that govern financial aid and report to the Management Council on a regular basis regarding that topic. The committee shall be responsible for the administration of the financial aid reporting process, including the implementation of operating policies and procedures. Source: NCAA Division III Management Council (Financial Aid Committee). Effective Date: Immediate. Additional Info: The Financial Aid Committee has administered oversight of the financial aid reporting process since the inception of the process; however, this responsibility was not specifically set forth in NCAA Bylaw 21. This proposed change would more accurately reflect the scope of the Financial Aid Committee’s duties and responsibilities. Estimated Financial Impact: None. NO. M-2009-5 PERSONNEL — DIVISION III RULES TEST — ANNUAL REQUIREMENT — EFFECT OF FAILURE TO ADMINISTER ON ANNUAL BASIS membership requirement despite the unique penalty. There is a need to revise NCAA Bylaw 11.8 to clarify that such a violation would be a standard institutional violation. Estimated Financial Impact: None. NO. M-2009-6 ELIGIBILITY — GENERAL ELIGIBILITY REQUIREMENTS — GRADUATE STUDENT/POSTBACCALAUREATE PARTICIPATION — ENROLLMENT AT INSTITUTION MOST RECENTLY ATTENDED Intent: To clarify that a student-athlete may participate in intercollegiate athletics as a graduate/postbaccalaureate student only at the institution he or she most recently attended as an undergraduate student. Bylaws: Amend 14.1.9, as follows: 14.1.9 Graduate Student/Postbaccalaureate Participation. A student-athlete who is enrolled in a graduate or professional school of the institution he or she previously most recently attended as an undergraduate (regardless of whether the individual has received a United States baccalaureate degree or its equivalent), a student-athlete who is enrolled and seeking a second baccalaureate or equivalent degree at the same institution, or a student-athlete who has graduated and is continuing as a full-time student at the same institution while taking course work that would lead to the equivalent of another major or degree as defined and documented by the institution, may participate in intercollegiate athletics, provided the student has eligibility remaining and such participation occurs within the applicable 10-semester/15-quarter period set forth in Bylaw 14.2. Source: NCAA Division III Management Council (Interpretations and Legislation Committee). Effective Date: Immediate. Additional Info: The language of the current legislation gives the incorrect impression that it is permissible for a graduate/postbaccalaureate student to participate in intercollegiate athletics if the student-athlete ever attended the school where he or she is now attending graduate/postbaccalaureate classes. The language of the current legislation was derived from Case No. 123 during the early 1980’s and a situation involving a student-athlete that was in a five-year academic program that awarded a bachelors and masters degree on completion. The current legislative language was attempting to address the specific situation within that case and was not meant to allow for participation in the case of a student wishing to participate as a graduate/postbaccalaureate student at a school that he or she 59 Intent: To specify that violations of the Division III Rules Test annual requirement shall be treated as an institutional violation. Bylaws: Amend 11.8, as follows: 11.8 DIVISION III RULES TEST — ANNUAL REQUIREMENT. Institutions shall administer the NCAA Division III Rules Test to all head coaches and athletics administrators with compliance responsibilities on an annual basis. Failure to administer the NCAA Division III Rules Test on an annual basis shall be considered an institutional violation per Constitution 2.8.1. Source: NCAA Division III Management Council (Membership Committee). Effective Date: Immediate. Additional Info: 2008 NCAA Convention Division III Proposal No. NC-10 was defeated at the 2008 Convention. As a result of Convention floor discussion and the ensuing vote, failure to administer the Division III Rules Test to all head coaches and administrators with compliance responsibilities is considered a standard institutional violation instead of resulting in the typical penalties for failure to satisfy a condition and obligation of membership. Administration of the Division III Rules Test should still be considered a 58 previously attended, but later transferred from. Further, the current language’s reference to “the institution” and not “an institution” makes it clear that the application of the legislation was meant to be for a student-athlete who is enrolled in a graduate/postbaccalaureate program at the institution he or she most recently attended as an undergraduate student. Estimated Financial Impact: None. Appendix E Index to Legislative Proposals Legislative Reference 11.1 11.1.6 13.11 13.11.1 13.11.2 13.11.3 13.11.3.7 13.11.3.12 14.1.8.1.6 14.2.4.1 14.2.4.1.1 17.02.1.1 17.02.12 17.02.12.1 17.02.12.2 17.1.6 17.1.6.1 17.1.6.2 17.1.10.2 17.2 17.2.4 17.3 17.3.4 17.4 17.4.4 17.6 17.6.4 17.7 17.7.2 17.7.4 17.10 17.10.2 17.10.4 17.12 17.12.2 17.12.4 17.14.2 17.15 17.15.4 17.17 17.17.4 17.18.2 Proposal Numbers 9 9 10, 11 10, 11 10, 11 10, 11 11 10 7 6, 7 6, 7 2 7 7 7 5 5 5 12 12 12 12 12 12 12 12 12 12 3 12 12 3 12 12 3 12 4 12 12 12 12 3 Page Numbers 15 15 16, 18 16, 18 16, 18 16, 18 18 16 10 8, 9 8, 9 3 10 11 11 7 7 7 19 19 20 20 20 20 20 21 21 21 4 21 21 4 21 22 4 22 6 22 22 22 22 5 60 61 Legislative Reference 17.20 17.20.2 17.20.4 17.21 17.21.4 17.26 17.26.2 17.26.4 17.28 17.28.2 17.28.7 17.32.2 17.32.2.1 20.02.6 20.11.3.5 31.3.5.2 Proposal Numbers 12 3 12 12 12 12 3 12 12 3 12 1 1 7 7 8 Page Numbers 23 5 23 23 23 23 5 24 24 5 24 2 2 11 11 13 Appendix F Legislative Proposal Number Changes This appendix lists proposals that appear in the Official Notice and gives its corresponding number in the Second Publication of Proposed Legislation (SPOPL). Official Notice ..........SPOPL 1 ....................................11 2 ....................................6 3 ....................................9 4 ....................................10 5 ....................................7 6 ....................................5 7 ....................................4 8 ....................................12 9 ....................................1 10 ..................................3 11 ..................................2 12 ..................................8 62 63 Appendix G Legislative Proposal Number Changes This appendix lists proposals that were included in the Second Publication of Proposed Legislation (SPOPL) and gives its corresponding number in the Official Notice. SPOPL ..........................Official Notice 1 ....................................9 2 ....................................11 3 ....................................10 4 ....................................7 5 ....................................6 6 ....................................2 7 ....................................5 8 ....................................12 9 ....................................3 10 ..................................4 11 ..................................1 12 ..................................8 64 65 Appendix H Convention Voting Procedures The following terms and procedures involved in voting at NCAA Conventions have been reviewed by the Association's parliamentarian. Significant Terms 1. Vote Announcement—After a paddle, roll-call or secret-ballot vote, the chair announces the vote and states whether the motion passed or failed. 2. Retake a Vote—A retake occurs when a paddle vote is taken again or when a paddle vote is counted. A retake may occur before the statement of the next question. After the statement of the next question, a motion to reconsider must be used to retake a vote. During a retake, voters may change their votes and new eligible voters may participate. A retake motion would be considered dilatory and, therefore, denied after a roll-call vote and out of order after a secretballot vote unless it is clear that the question was misunderstood or that fraud had occurred. 3. Change a Vote—In a paddle vote, a vote may be changed if a retake occurs or by rising for that purpose before the result is announced by the chair. After the announcement of the vote, but before the next question is stated, a change may be made only by permission of the assembly by a majority vote after a nondebatable motion. In a roll-call vote, a change may occur before closing the polls or the polls may be reopened to change a vote before the statement of the next question. In a secret-ballot vote, no change may be made once the ballot is cast. After the statement of the next question following a roll-call vote and after a vote is cast in a secret ballot, a vote change can occur only through a successful motion to reconsider. 4. Recount a Vote—This applies only to a secret-ballot vote. The ballots simply are counted again as cast and can be ordered only by a majority vote of the assembly. 5. Closing the Polls—For roll-call and secret-ballot votes, the polls are opened when the chair calls for the vote. When the chair has ascertained that all who so desire have voted or have changed their votes, the chair will state that the polls are closed. If there is disagreement on closing the polls, they may be closed by a twothirds vote on a nondebatable motion to do so. Once the polls are closed, the polls may be reopened before the statement of the next question by majority vote on a nondebatable motion to do so. Once the polls are closed, however, the chair will move to the next item on the agenda. 6. Statement of Next Question—When a new motion is made and seconded, the chair will announce that “the motion before you 66 67 is.... Is there any discussion?” This is the statement of the next question and ends the opportunity to retake a vote or reopen the polls in regard to the preceding question. 7. Reconsideration—After the statement of the next question, only one motion to reconsider any foregoing question may be made before adjournment of the Convention by any member that voted on the prevailing side in the original consideration. Reconsideration of a vote taken in a division or subdivision business session must occur in that division’s or subdivision’s business session. Voting Procedures 1. Paddle Voting a. The chair calls for a vote by paddles, and determines the result by sight from the dais. b. The chair may retake the vote if there is doubt. c. The chair must have the vote counted if requested by a voting delegate. The chair also may choose to retake a paddle vote and have it counted by hand or by the wireless voting system. d. During a retake, new voters may participate or votes may be changed. Vote changes also may occur before the result is announced by the chair. e. A retake will not be permitted after the next question has been stated. A request to retake a counted vote will be regarded as dilatory by the chair and will not be allowed. 2. Roll-Call Voting (by Wireless Voting System) a. A roll-call vote may be designated by the Presidents Council or ordered by a majority of the voters, following a nondebatable motion to vote in that manner. If both a secret-ballot and a roll-call vote are moved, the assembly votes first on whether or not to vote by roll call. A motion to conduct a secret ballot on an issue designated for roll call by the Presidents Councils will be considered out of order. b. Once ordered, the chair shall call for a roll-call vote by use of wireless voting system. c. The chair shall determine if everyone who wishes to has voted, or if anyone wishes to change a vote. When it appears that all ballots have been cast, the chair shall state that polls are closed. d. The chair will move to the next available item on the agenda while votes are being tallied. No new voters, changes or corrections to the prior question are permitted unless the polls are reopened, and such a motion will be out of order after the next question is stated by the chair. Once the new question is stated by the chair, the only way to return to any foregoing question is by reconsideration, and only one motion for reconsideration at a given item is permitted. e. Abstentions will not be counted in the determination of a majority. 68 3. Ordinary Voting (by Wireless Voting System) a. An electronic vote may be designated by the Presidents Council or ordered by a majority of the voters, following a nondebatable motion to vote in that manner. b. Once ordered, the chair shall call for an electronic vote by use of the wireless voting system. c. The chair shall determine if everyone who wishes to has voted, or if anyone wishes to change a vote. When it appears that all ballots have been cast, the chair shall state that polls are closed. d. The chair will move to the next available item on the agenda while votes are being tallied. No new voters, changes or corrections to the prior question are permitted unless the polls are reopened, and such a motion will be out of order after the next question is stated by the chair. Once the new question is stated by the chair, the only way to return to any foregoing question is by reconsideration, and only one motion for reconsideration of a given item is permitted. e. Abstentions will not be counted in the determination of a majority. 4. Ballot Voting (Secret Ballot) a. A secret ballot may be ordered by the assembly before, during or after any ordinary vote (but before the next question is stated) by a majority vote on a nondebatable motion to do so. b. Once ordered, the chair shall ask for the vote by wireless voting system. Votes will be tallied electronically, but only a summary printout of results will be reported. c. After the chair determines that all who wish to vote have voted, the polls shall be closed. A vote change shall not be permitted once the vote is cast. d. The chair will move to the next available item on the agenda while votes are being tallied. Once the next question is stated by the chair, the polls may not be reopened for a new vote on the prior issue. e. Abstentions will not be counted in the total for determination of a majority. 69 70 Monday, January 12 Tuesday, January 13 Wednesday, January 14 NCAA Scholarly Colloquium on College Sports 10:15 to 11:45 a.m. 8:30 to 11:30 a.m. Association-Wide Programming Keynote Luncheon Noon to 1:30 p.m. Trade Show 11 a.m. to 5 p.m. 1:30 p.m. NCAA Scholarly Association-Wide Appendix I 6:30 a.m. 7 a.m. 7:30 a.m. 8 a.m. 8:30 a.m. 8:45 a.m. 9 a.m. 9:30 a.m. 10 a.m. 10:30 a.m. 10:45 a.m. 11 a.m. 11:30 a.m. 11:45 a.m. Noon 12:15 p.m. 12:30 p.m. 12:45 p.m. 1 p.m. 1:15 p.m. 2009 NCAA Convention Division III Delegates Schedule and Association-Wide Events 71 2 p.m. 2:30 p.m. 2:45 p.m. Colloquium on College Sports 1 to 6 p.m. Programming 1:45 to 2:45 p.m. NCAA Scholarly Association-Wide Programming 3:15 to 4::15 p.m. Colloquium on College Sports 1:45 to 5:30 p.m. Trade Show Reception 5 to 6:30 p.m. Colloquium Advisory Board Working dinner 6 to 9:30 p.m. Colloquium Reception 6:30 to 7:30 p.m. Scholarly Colloquium Advsiory Board Mtg. & Dinner 6 to 7:30 p.m. 3 p.m. 3:15 p.m. 3:30 p.m. 4 p.m. 4:15 p.m. 4:30 p.m. 4:45 p.m. 5 p.m. 5:30 p.m. 5:45 p.m. 6 p.m. 6:15 p.m. 6:30 p.m. 6:45 p.m. 7 p.m. 7:30 p.m. 8 p.m. 8:30 p.m. 8:45 p.m. 9 p.m. 9:30 p.m. 10 p.m. Thursday, January 15 Conference Assn-Wide Programming Academics and Athletics 9:30 to 11 a.m. 8:30 a.m. to 3:30 p.m. Trade Show 10:30 a.m. to 3:30 p.m. Assn-Wide Programming 11:15 a.m. to 12:15 p.m. Meetings 6:30 a.m. 7 a.m. 7:30 a.m. 8 a.m. 8:30 a.m. 8:45 a.m. 9 a.m. 9:30 a.m. 10 a.m. 10:30 a.m. 10:45 a.m. 11 a.m. 11:30 a.m. 11:45 a.m. Noon 12:15 p.m. 12:30 p.m. 12:45 p.m. 1 p.m. 1:15 p.m. 1:30 p.m. 2 p.m. Assn-Wide Programming NADIIAA 1:30 to 3 p.m. 72 2:30 p.m. 2:45 p.m. Opening Business Session 4 to 5:30 p.m. (doors open at 3:30) Delegates Reception and Honors Celebration 6 to 10 p.m. (offsite with continuous shuttle service) 3 p.m. 3:15 p.m. 3:30 p.m. 4 p.m. 4:15 p.m. 4:30 p.m. 4:45 p.m. 5 p.m. 5:30 p.m. 5:45 p.m. 6 p.m. 6:15 p.m. 6:30 p.m. 6:45 p.m. 7 p.m. 7:30 p.m. 8 p.m. 8:30 p.m. 8:45 p.m. 9 p.m. 9:30 p.m. 10 p.m. Friday, January 16 Division III Issues Forum 9 to 11:30 a.m. Trade Show 8 a.m. to Noon Div. III Chancellors/Presidents Forum and Luncheon 11:30 a.m. to 1:30 p.m. Div. III Senior Administrators with Athletics Oversight Forum and Luncheon 11:30 a.m. to 1:30 p.m. 1:30 p.m. 2 p.m. 6:30 a.m. 7 a.m. 7:30 a.m. 8 a.m. 8:30 a.m. 8:45 a.m. 9 a.m. 9:30 a.m. 10 a.m. 10:30 a.m. 10:45 a.m. 11 a.m. 11:30 a.m. 11:45 a.m. Noon 12:15 p.m. 12:30 p.m. 12:45 p.m. 1 p.m. 1:15 p.m. Division III Conference 73 2:30 p.m. 2:45 p.m. Meetings 1:30 to 5 p.m. New Presidents Orientation DIII Provisional/ Reclassifying Education Session 4 to 5:30 p.m. 3 to 5 p.m. 3 p.m. 3:15 p.m. 3:30 p.m. 4 p.m. 4:15 p.m. 4:30 p.m. 4:45 p.m. 5 p.m. 5:30 p.m. 5:45 p.m. 6 p.m. 6:15 p.m. 6:30 p.m. 6:45 p.m. 7 p.m. 7:30 p.m. 8 p.m. 8:30 p.m. 8:45 p.m. 9 p.m. 9:30 p.m. 10 p.m. Saturday, January 17 Delegates Breakfast 7 to 8:30 a.m. Div. III Business Session 8 a.m. to 1 p.m. 6:30 a.m. 7 a.m. 7:30 a.m. 8 a.m. 8:30 a.m. 8:45 a.m. 9 a.m. 9:30 a.m. 10 a.m. 10:30 a.m. 10:45 a.m. 11 a.m. 11:30 a.m. 11:45 a.m. Noon 12:15 p.m. 12:30 p.m. 12:45 p.m. 1 p.m. 1:15 p.m. Delegates Luncheon 11:30 a.m. to 1:30 p.m. 1:30 p.m. 2 p.m. 2:30 p.m. 2:45 p.m. 74 3 p.m. 3:15 p.m. 3:30 p.m. 4 p.m. 4:15 p.m. 4:30 p.m. 4:45 p.m. 5 p.m. 5:30 p.m. 5:45 p.m. 6 p.m. 6:15 p.m. 6:30 p.m. 6:45 p.m. 7 p.m. 7:30 p.m. 8 p.m. 8:30 p.m. 8:45 p.m. 9 p.m. 9:30 p.m. 10 p.m. Executive Committee 5:30 to 8 p.m. Appendix J Convention Lanyards, Badges and Voting Paddles The Convention lanyards are of various colors to designate the individual’s delegate status. The designations are as follows: Voting delegate ....................................................................Red lanyard Alternate delegate..............................................................Blue lanyard Visiting delegate with speaking rights ..........................Green lanyard Visiting delegate without speaking rights .....................White lanyard Only those persons with red, blue or green lanyards are permitted to speak in a business session. In addition, the Convention badges are of different colors to designate the individual’s status. The designation is as follows: Speaker..........................................Orange designation on name badge Media ...............................................Green designation on name badge Presidents or Chancellors ..................Red designation on name badge NCAA Staff ........................................Blue designation on name badge Following is a listing of the different types of voting paddle colors in use at the 2009 NCAA Convention: Orange ....................................................................................Division II Yellow ....................................................................................Division III 75 Appendix K Division III Presidents Council Chair—John Fry Name, Institution Term Expires Livingston Alexander, University of Pittsburgh, Bradford ........................................January 2012 Walter Bortz, Hampden-Sydney College ..................................................................January 2012 F. Gregory Campbell, Carthage College ....................................................................January 2010 Richard B. Flynn, Springfield College........................................................................January 2009 John Fry, Franklin & Marshall College ......................................................................January 2009 Pamela Brook Gann, Claremont McKenna-Harvey Mudd-Scripps Colleges ............January 2010 James T. Harris, Widener University ........................................................................January 2011 Catharine B. Hill, Vassar College ..............................................................................January 2012 David Joyce, Ripon College ......................................................................................January 2011 Marcia Keizs, York College (New York) ....................................................................January 2012 James G. Moseley, Franklin College..........................................................................January 2009 Kathleen Owens, Gwynedd-Mercy College ..............................................................January 2011 Morton Schapiro, Williams College ..........................................................................January 2011 Paul S. Trible Jr., Christopher Newport University....................................................January 2010 Richard Torgerson, Luther College ..........................................................................January 2009 NCAA Governance Structure Executive Committee Chair—Michael F. Adams Div. FBS FBS FBS FBS FBS FBS FBS FBS FCS FBS DI DI DI II II II III III III Name, Institution Michael F. Adams, University of Georgia James Barker, Clemson University Damon Evans, University of Georgia Robert Kustra, Boise State University Harvey Perlman, University of Nebraska, Lincoln John Peters, Northern Illinois University Edward Ray, Oregon State University Nancy Zimpher, University of Cincinnati Bruce Grube, Georgia Southern University Shirley Raines, University of Memphis Charles Bantz, Indiana University-Purdue University at Indianapolis Anthony DiGiorgio, Winthrop University Thomas Powell, Mount St. Mary’s University Debbie Chin, University of New Haven Stephen Jordan, Metropolitan State College of Denver Beverley J. Pitts, University of Indianapolis John Fry, Franklin & Marshall College Del Malloy, Paul Trible, Christopher Newport University Conference Southeastern Atlantic Coast Southeastern Western Athletic Big 12 Mid-American Pacific-10 Big East Southern Conference USA The Summit League Big South Northeast Northeast-10 Rocky Mountain Athletic Great Lakes Valley Centennial New England Collegiate USA South Athletic Term Exp. April 2009 April 2010 April 2010 April 2011 April 2009* April 2009* April 2011 April 2011 April 2009 April 2010 April 2011 April 2009 April 2011 January 2009 January 2009 January 2011 January 2009 January 2009 January 2010 NCAA Staff Liaisons: Daniel T. Dutcher, Vice President for Division III Leah Nilsson, Director for Division III Jay Jones, Director of Membership Services/Division III Governance Liaison Azure Davey, Associate Director of Membership Services/Division III Governance Liaison Jeff Myers, Associate Director of Membership Services/Division III Governance Liaison Eric Hartung, Associate Director of Research for Division III Debbie Kresge, Executive Assistant for Division III NCAA Staff Liaisons: Bernard W. Franklin, Executive Vice President for Governance, Membership, Education and Research Services Delise S. O'Meally, Director of Governance, Membership, Education and Research Services *Eligible for re-appointment. 76 77 Appendix L Division III Management Council Chair—Del Malloy Name, Institution Term Expires Susan E. Chapman, Worcester State College ......................................................January 2011 Patricia W. Epps, Franklin & Marshall College ....................................................January 2009 Daniel Fulks, Transylvania University ..................................................................January 2011 Timothy W. Gleason, Ohio Athletic Conference....................................................January 2009 Stuart Gulley, La Grange College..........................................................................January 2011 Kristen E. Hall, Bard College ................................................................................January 2010 Rudy Keeling, Eastern College Athletic Conference ............................................January 2009 Del Malloy, New England Collegiate Conference..................................................January 2009 Lee McKinney, Fontbonne University ..................................................................January 2012 Lynn Oberbillig, Smith College ............................................................................January 2011 Jack R. Ohle, Gustavus Adolphus College ..........................................................January 2010 Garnett Purnell, Wittenberg University ................................................................January 2010 Rosalie M. Resch, University of Chicago ............................................................January 2009 Joan Sitterly, State University College at Cortland ..............................................January 2012 #Ashley Snell, Rivier College................................................................................September 2009 Kay Whitley, Sul Ross State University ................................................................January 2009 Rita Wiggs, USA South Athletic Conference ........................................................January 2012 Charlie Wilson, Olivet College ..............................................................................January 2009 #Christopher Wolf, Nebraska Wesleyan University..............................................September 2009 Request for Interpretation Member institutions and conferences are encouraged to request interpretations of the proposed legislation in this Official Notice in advance of the Convention. Interpretations related to the proposed legislation in this Official Notice may be requested via electronic mail to the primary contact persons at jmyers@ncaa.org or jjones@ncaa.org When submitting such a request, please include the proposal number in question, your institution’s name and your title. All resulting interpretations will be distributed to the delegates in time for the conference meetings held in conjunction with the Convention. NCAA Staff Liaisons: Daniel T. Dutcher, Vice President for Division III Leah Nilsson, Director for Division III Jay Jones, Director of Membership Services/Division III Governance Liaison Azure Davey, Associate Director of Membership Services/Division III Governance Liaison Jeff Myers, Associate Director of Membership Services/Division III Governance Liaison Eric Hartung, Associate Director of Research for Division III Debbie Kresge, Executive Assistant for Division III #Student-Athlete Advisory Committee Representative 78 79 80 The NCAA salutes the more than 400,000 participating in student-athletes 23 sports at more than 1,000 member institutions NCAA 68304-11/08