2008 NCAA Convention Procedural Issues and Clarifications Regarding NCAA Division II Proposals 1. Corrections. The following corrections should be made in the 2008 NCAA Convention Division II Official Notice. [Note: These corrections also appear in the NCAA Convention Program.] a. 2008 NCAA Convention Division II Proposal No. 2, Part A, NCAA Constitution 3.3.1.3, Page Nos. 4 through 11. The proposal should read: (a) Submit an application to the Membership Committee, to be received in the national office not later than December 1. The following information must be submitted at the time of application: (1) A conference strategic plan; (2) A conference constitution and bylaws; (3) Documentation affirming the conference satisfies the sports sponsorship requirement; (4) A business plan for conference office operations; and (5) A student-athlete advisory committee development plan. Once the application is approved by the Membership Committee and the conference has at least six active member institutions, a conference with fewer than six active member institutions shall be eligible for privileges of active member conferences, except for automatic qualification (see Bylaws 31.3.4.3 and 31.3.4.5). (b) The conference must complete an educational assessment program within the first calendar year immediately following submission of the application, as outlined below: (1) Attendance by the conference commissioner at the NCAA Convention; (2) Visit to an active member conference office or meeting; (3) Attendance by the conference commissioner at an NCAA national office visit; (4) Attendance by the conference commissioner at the NCAA Regional Rules Seminar; (5) Visit by Membership Committee representatives to the conference office; and (6) Annually sSubmit a conference progress report. In the event that more than one year is needed to increase the conference membership to at least six active member institutions or to complete the educational assessment program, the conference must repeat all of the conditions of the educational assessment program, except for the visit to an active member conference office or meeting and a visit by the Membership Committee representatives to the conference office.
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b. 2008 Proposal No. 4, Page Nos. 12 through 14. The proposal should read: 13.4.5 Electronic Transmissions. Electronically transmitted correspondence that may be sent to a prospective student-athlete is limited to electronic mail and facsimiles. All other forms of electronically transmitted correspondence (e.g., instant messaging, text messaging, message boards) are prohibited. Color attachments may be included with electronic mail correspondence sent to a prospective student-athlete, provided the attachment does not include any animation, audio or video clips and there is no cost (e.g., subscription fee) associated with sending the item attached to the electronic mail correspondence. 13.4.5.1 Electronic Transmissions Following National Letter of Intent Signing or Other Written Commitment. After the calendar day on which a prospective student-athlete signs a National Letter of Intent, the institution with which the prospective student-athlete has signed shall be permitted to send other forms of electronically transmitted correspondence (e.g., instant messaging, text messaging, message boards) in addition to electronic mail and facsimiles to the prospective student-athlete. For an institution not using the National Letter of Intent in a particular sport, or for a prospective student-athlete who is not eligible to sign a National Letter of Intent (e.g., four-year college transfer), the institution shall be permitted to send other forms of electronically transmitted correspondence in addition to electronic mail and facsimiles after the calendar day on which the prospective student-athlete signs the institution’s written offer of admission and/or financial aid.
c. 2008 Proposal No. 5-1, Page No. 16. The effective date should read: Effective Date: Immediate. August 1, 2008
2.
Amendment-to-Amendment. Following the main proposal being moved and seconded, an amendment-to-amendment will then be considered for the following proposal: • Proposal No. 5-1, Page No.16, sponsored by NCAA Division II Presidents Council.
3.
Reordering of Proposals. There are no reordering issues at this time.
4.
Immediate Effective Date. The following proposals have an immediate effective date. The immediate effective date must be considered first, followed by the vote on the merits of the proposal. If the immediate effective date is defeated and the proposal is adopted, the
Procedural Issues and Clarifications DII Mgmt Council 01/08 Page No. 3 _________ effective date will be August 1, 2008. A separate vote on the effective date is not necessary if the proposal is in the consent package. The following proposals have an immediate effective date: a. b. c. d. e. f. 2008 Proposal No. EC-1 – Association-wide vote. 2008 Proposal No. 1 – Consent Package. 2008 Proposal No. 2 – Consent Package. 2008 Proposal No. 3. 2008 Proposal No. 6. 2008 Proposal No. 13.
5.
Withdraw Issues. None at this time.
6.
Mootnicity Issues. • 2008 Proposal No. 14 (recruiting - recruiting materials – video/audio materials computer recruiting presentations) shall be moot if Proposal No. 13 (recruiting recruiting materials - video/audio materials) is adopted. Thus, 2008 Proposal No. 14 will only be considered on the Convention floor if 2008 Proposal No. 13 is defeated.
7.
Interpretations. The following interpretations related to proposals to be considered at Monday’s 2008 NCAA Convention Division II business session have been approved by the NCAA Division II Management Council.
a. 2008 NCAA Convention Division II Proposal No. 5 (Eligibility – Full-Time
Enrollment – Requirement for Practice or Competition – Eligibility for Male Students or Male Student-Athletes to Practice with Women’s Teams – Certification Requirements) The NCAA Division II Legislation Committee confirmed that per 2008 NCAA Convention Proposal No. 5, the daily and weekly hour limitations for a male studentathlete participating as a male practice player with an institution's women's team are determined by the institution's declared playing and practice seasons calendar in the male student-athlete's sport where only males are eligible to compete. [References: Bylaw 14.1.8.1.7 (eligibility for male students to practice with women’s teams) and 2008 NCAA Convention Division II Proposal No. 5]
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b. 2008 NCAA Convention Division II Proposal No. 8 (Playing and Practice Seasons
– Weekly Hour Limitations – Outside of Playing Season – Skill Instruction – Sports Other than Football – Venue and Size of Groups) The Legislation Committee confirmed that per 2008 NCAA Convention Division II Proposal No. 8, co-mingling occurs in individual skill instruction when two or more groups of student-athletes or their coaches interact in any way with each other at any time during the activity. [References: Bylaw 17.1.6.2 (weekly hour limitations – outside of playing season) and 2008 NCAA Convention Division II Proposal No. 8]
c. 2008 NCAA Convention Division II Proposal No. 8 (Playing and Practice Seasons
– Weekly Hour Limitations – Outside of Playing Season – Skill Instruction – Sports Other than Football – Venue and Size of Groups) The Legislation Committee confirmed that per 2008 NCAA Convention Division II Proposal No. 8, in volleyball, the libero position does not count towards the starting squad size in determining the number of student-athletes who are permitted to participate in a group for individual skill instruction. Therefore, the starting squad size in volleyball is six student-athletes. [References: Bylaw 17.1.6.2 (weekly hour limitations – outside of playing season) and 2008 NCAA Convention Division II Proposal No. 8]
d. 2008 NCAA Convention Division II Proposal No. 8 (Playing and Practice Seasons
– Weekly Hour Limitations – Outside of Playing Season – Skill Instruction – Sports Other than Football – Venue and Size of Groups) The Legislation Committee confirmed that per 2008 NCAA Convention Proposal No. 8, when more than one group of student-athletes and their coaches participate in individual skill instruction at the same time, in the same or different facilities, it is not permissible to switch or move student-athletes or coaches between the groups. [References: Bylaw 17.1.6.2 (weekly hour limitations – outside of playing season) and 2008 NCAA Convention Division II Proposal No. 8] 8. Modification of Wording. The Management Council and Presidents Council have adopted the following modification of wording. • Modification of Wording to Proposal No. 13, Page Nos. 28-29. The Management Council and Presidents Council have adopted the following modification of wording to Proposal No. 13, which has an immediate effective date. This modification of wording amends the title of the bylaw from Video/Audio Materials to Electronic Media Materials. If adopted, the bylaw will read as follows:
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13.4.2 Electronic Media Materials. An institution may not provide athletically related electronic media materials to a prospective student-athlete until September 1 at the beginning of the prospective student-athlete’s junior year in high school. Violations of this bylaw shall be considered institutional violations per Constitution 2.8.1; however, they shall not affect the prospective student-athlete’s eligibility. 13.4.2.1 Exception – Community Engagement Activities. An institution may produce, show, send and provide a prospective student-athlete with electronic media materials of its community engagement activities at any time.
The National Collegiate Athletic Association December 17, 2007 SLQ:tw