Division III Deregulation Package

The NCAA Division III Committee on Interpretations and Legislation has identified the following proposals to facilitate the deregulation of the Association's legislation. The NCAA Division III Presidents Council has approved the submission of these proposals to the membership as a "deregulation package." While these proposals are being submitted as a package, they each will be voted on separately in the appropriate business session.

Note: in the following proposals, those letters and words that appear in italics are to be deleted and those letters and words that appear in bold face are to be added.  All page numbers listed refer to the corresponding pages in the 199-00 NCAA Divison III Manual.

Please Note: While the materials presented on the pages were posted as accurately as possible they are not official publications of the NCAA.  The NCAA publications are the only official publications of legislative proposals and should be consulted for all questions related to legislation.

 

Table of Contents
1    CONDUCT OF ATHLETICS PERSONNEL - ENDORSEMENT OF COMMERCIAL PRODUCTS 12   SUMMER FINANCIAL AID
2   CONDUCT OF ATHLETICS PERSONNEL - INCOME FROM SALE OF STOCK 13    AWARDS/BENEFITS - NONPERMISSIBLE LISTS
3   AMATURISM - FUNDS FROM PROFESSIONAL SPORTS ORGANIZATIONS 14    COMPLIMENTARY ADMISSIONS AND TICKET BENEFITS - PERMISSIBLE PROCEDURES
4    RECRUITING - NONPERMISSIBLE LISTS 15   BENEFITS FOR STUDENT-ATHLETES
5    NONPERMISSIBLE RECRUITING EXPENSES 16   MEDICAL EXPENSES
6    TRANSPORTATION ON AN OFFICIAL VISIT 17   AWARDS AND BENEFITS
7    ENTERTAINMENT, REIMBURSEMENT AND EMPLOYMENT OF HIGH-SCHOOL/COLLEGE PREPARATORY SCHOOL/TWO YEAR COLLEGE COACHES 18  EXPENSES FOR COMPETITION
8   PUBLICITY - COMMENTS ON PROSPECTS 19 EXPENSES FOR PRACTICE AND COMPETITION - DURING VACATION PERIOD
9  PUBLICITY - INTENT TO ENROLL  20  MISSED CLASS TIME FOR PRACTICE -- GOLF
10   ANNOUNCEMENT OF ACCEPTANCE 21   OUT OF SEASON, NONCOLLEGIATE, AMATEUR COMPETTITION
11    USE OF RECRUITING FUNDS  

NO. 1

CONDUCT OF ATHLETICS PERSONNEL – ENDORSEMENT OF COMMERCIAL PRODUCTS

Intent: To eliminate the prohibition of athletics department's staff members using the institution's name or logo in the endorsement of commercial products or services for personal gain without prior approval by the institution's chief executive officer.

A. Bylaws: Amend 11.1.4, page 51, as follows:

[Division III]

"11.1.4 Use of Institutional Name or Logo. Athletics department staff members shall not use, directly or by implication, the institution's name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution."

B. Bylaws: Amend 11.3.2.5, page 53, as follows:

[Division III]

"11.3.2.5 Endorsement of Commercial Products. Athletics department staff members shall not use, directly or by implication, the institution’s name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution’s chief executive officer in Divisions I and II and without prior approval from the institution in Division III."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: In the spirit of deregulation, the committee believes that it is not necessary to legislate the prohibition of athletics department's staff members utilizing, directly or by implication, the institution's name or logo in the endorsement of commercial products or services for personal gain without prior written approval from the institution's Chief Executive Officer. The committee believes that the institution and copyright laws governing the use of institutional names and logos adequately address this issue.

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NO. 2

CONDUCT OF ATHLETICS PERSONNEL – INCOME FROM SALE OF STOCK

Intent: To delete legislation that directly governs an institution's staff member from realizing income from the sale of stock in a professional sports organization.

Bylaws: Amend 11.3.3.2.3, page 54, as follows:

[Division III]

"11.3.3.2.3 Income From the Sale of Stock. A staff member may purchase and realize income from the sale of stock in a professional sports organization only if such a purchase does not place the staff member in a position of administrative or supervisory control of that organization."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: In the spirit of deregulation, the committee recommends the deletion of this legislation relating to institutional staff members purchasing and realizing income from the sale of stock in a professional sports organization. The committee noted that more stringent legislation in Bylaw 11.3.3.1 would preclude a staff member from being in a position of administrative or supervisory control of a professional sports organization.

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NO. 3

AMATEURISM – FUNDS FROM PROFESSIONAL SPORTS ORGANIZATION

Intent: To delete the list of conditions that preclude a member institution from accepting funds from a professional sports organization.

A. Bylaws: Amend 12.6.1.5, page 68, as follows:

[Division III]

"12.6.1.5 To Institution, Nonpermissible. A member institution shall not accept funds from a professional sports organization if:

"(a)

The funds are for the purpose of recognizing the development of a former student-athlete in a particular sport. The receipt of such funds by an institution would make additional moneys available that could benefit student-athletes and thus result in student-athletes indirectly receiving funds from a professional sports organization;

"(b)

The money, even though not earmarked by the donor, is received and credited to institutional funds for the financial assistance of student-athletes generally; or

"(c)

The money is placed in the institution’s general fund and credited to the athletics department for an unspecified purpose."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee believes that Bylaw 12.6.1.4 adequately states the conditions that must be satisfied before a member institution may accept funds from a professional sports organization. In the spirit of deregulation, the committee recommends the deletion of this bylaw.

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NO. 4

RECRUITING – NONPERMISSIBLE LISTS

Intent: To delete nonpermissible lists that relate to Bylaws 13.02.5.2, 13.4.4.1 and 13.6.1.1.

A. Bylaws: Amend 13.02.5.2, page 72, as follows:

[Division III]

"13.02.5.2 Impermissible Recruitment Activities for Enrolled Student-Athletes:

"(a)

Recruitment expenses. An institution may not provide an enrolled student-athlete with transportation or expenses to recruit a prospect except those expenses specified as permissible when a student-athlete serves as a student host."

"(c)

Transportation. A student-athlete acting as a student host shall not be provided an automobile by the institution or representatives of its athletics interests for use by the host or the prospect during a prospect’s official visit to the campus."

"(d)

Student host. A student-athlete serving as a student host must be enrolled in the member institution being visited by the prospect. In Divisions I and II, a nonqualifier (see 14.02.9) may not serve as a student host during his or her first academic year of residence."

B. Bylaws: Amend 13.4.4.1, page 77, as follows:

[Division III]

"13.4.4.1 Nonpermissible Items. The gift from a Division III institution of any tangible recruiting aid other than those permitted in 13.4.4 shall be considered an improper recruiting inducement."

  1. Bylaws: Amend 13.6.1.1, page 78, as follows:

[Division III]

"13.6.1.1 Nonpermissible Transportation. If nonpermissible transportation is provided, the institution may not avoid a violation of this rule by receiving reimbursement for mileage from the prospect."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: In the spirit of deregulation, the committee recommends the deletion of these lists of nonpermissible activities. The committee believes that the permissible list is exhaustive. If an activity is not listed on the permissible list, it is not permissible.

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NO. 5

NONPERMISSIBLE RECRUITING EXPENSES

Intent: To delete legislation that precludes an institution from providing a student-athlete with transportation or expenses to recruit a prospect except when a student-athlete serves as a student host.

Bylaws: Amend 13.1.2.8, page 75, as follows:

[Division III]

"13.1.2.8 Student-Athlete. An institution may not provide an enrolled student-athlete with transportation or expenses to recruit a prospect except those expenses specified in 13.7.5.5 when the student-athlete serves as a student host."

Source: Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: In accordance with Bylaw 13.7.5.5, an institution may only provide $20.00 a day, a complimentary meal and complimentary admission to a campus athletic event to a student-athlete that is hosting a prospect on an official visit and may not provide a student-athlete any other expenses to recruit a prospect. Thus, in the spirit of deregulation, the committee recommends the deletion of this bylaw.

 

NO. 6

TRANSPORTATION ON AN OFFICIAL VISIT

Intent: To delete legislation relating to transportation on an official visit.

Bylaws: Amend 13.6.2.1, page 78, as follows:

[Division III]

"13.6.2.1 General Restrictions. A member institution may pay the prospect’s actual round-trip transportation costs for his or her official visit to its campus, provided a direct route between the prospect’s home and the institution’s campus is used Use of a limousine or helicopter for such transportation is prohibited."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: Bylaw 13.5.1 only permits an institution to entertain prospects on a scale comparable to that of normal student life. The committee agreed that the use of a limousine or helicopter while entertaining a prospect is clearly not on a scale comparable to that of normal student life. Thus, in the spirit of deregulation, the committee recommends the deletion of this legislation.

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NO. 7

ENTERTAINMENT, REIMBURSEMENT AND EMPLOYMENT OF HIGH-SCHOOL/COLLEGE PREPARATORY SCHOOL/TWO-YEAR COLLEGE COACHES.

Intent: To amend legislation relating to entertainment of a high-school college preparatory school or two-year college coach by an institutional staff member.

Bylaws: Amend 13.9.1, page 84, as follows:

[Division III]

"13.9.1 Entertainment Restrictions. Entertainment of a high-school, college preparatory school or two-year college coach or any other individual responsible for teaching or directing an activity in which a prospect is involved shall be confined to a member institution’s campus and shall be limited to providing a maximum of two complimentary admissions (in Division I, issued only through a pass list) to home athletics contests which must be issued on an individual-game basis in Divisions I and II but may be extended to include full-season passes or tickets in Division III not to exceed full-season passes or tickets. Such entertainment shall not include food and refreshments, room expenses, or the cost of transportation to and from the campus. An institutional coaching staff member is expressly prohibited from spending funds to entertain the prospect’s coach on or off the member institution’s campus."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: Bylaw 13.9.1 states that a member institution’s coach may only entertain a high-school/college-preparatory school/two-year college coach on a member institution’s campus and may only include two complimentary admissions. Thus, in the spirit of deregulation, the committee recommends the deletion of this legislation.

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NO. 8

PUBLICITY – COMMENTS ON PROSPECTS

Intent: To amend legislation relating to an institution commenting on a prospect’s ability.

Bylaws: Amend 13.11.2, page 86, as follows:

[Division III]

"13.11.2 Comments Prior to Signing. Prior to the signing of a prospect to a National Letter of Intent or an institution's written offer of admission and/or financial aid, a An member institution may comment publicly only to the extent of confirming its recruitment of the prospect. The institution may not comment generally about the prospect's ability or the contribution that the prospect might make to the institution's team; further, the institution is precluded from commenting in any manner as to the likelihood of the prospect's signing with that institution. Violations of this bylaw do not affect a prospect's eligibility; however, the violation shall be considered an institutional violation per 2.8.1."

Source: Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: This bylaw sets forth instances in which an institution may not comment on a prospect, similar to a list of nonpermissibles. Thus, in the spirit of deregulation, the committee recommends the deletion of this bylaw.

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NO. 9

PUBLICITY – INTENT TO ENROLL

Intent: To delete legislation that prohibits an institution from publicizing a prospect’s intention to enroll.

Bylaws: Amend 13.11.6, page 86, as follows:

[Division III]

"13.11.6 Intent to Enroll. A member institution shall not publicize (or arrange for publicity of) a prospect's intention to accept its offer of financial assistance. Violations of this bylaw do not affect a prospect's eligibility; however, the violation shall be considered an institutional violation per 2.8.1. "

Source: Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee believes that Bylaw 13.11.2, which only permits an institution to comment publicly only to the extent of confirming its recruitment of a prospect, is more restrictive than 13.11.6. Thus, in the spirit of deregulation, the committee recommends the deletion of this bylaw.

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NO. 10

ANNOUNCEMENT OF ACCEPTANCE

Intent: To amend legislation relating to the announcement of a prospect’s acceptance of the institution’s written offer of admission.

A. Bylaws: Amend 13.11.8, page 86, as follows:

[Division III]

"13.11.8 Announcement of Signing Acceptance Publicity released by an institution concerning a prospect's commitment to attend the institution shall occur only after the prospect has signed a National Letter of Intent or subsequent to the prospect's signed paid acceptance of the institution's written offer of admission and/or financial aid. Such communications shall be limited to those media forms normally used by the institution and by the educational institutions currently and formerly attended by the prospect. Violations of this bylaw do not affect a prospect's eligibility; however, the violation shall be considered an institutional violation per 2.8.1.

"13.11.8.1 Media Outlets. Such communications shall be released only to those media outlets normally used by the institution and by the educational institutions currently and formerly attended by the prospect."

"13.11.8.2 Press Conferences. Institutional press conferences, receptions, dinners and similar meetings held for the purpose of making such an announcement are expressly prohibited.

"13.11.8.2.1 One-Time Exception—Announcement of All Signings. An institution may make an announcement on the institution’s campus for the sole purpose of presenting at one time to the media the names of all prospects who have accepted offers of admission and/or athletically related aid in a particular sport from that institution, with the understanding that no prospects (or their friends or relatives) may be in attendance.

[13.11.8.3 unchanged.]

"13.11.8.4 Signings On Campus. An institution is responsible for signings on its campus (whether involving an individual or a group of prospects). Any contact by the media with prospects on campus during the time the prospect signs a National Letter of Intent or tender of financial aid shall be considered to be prima facie evidence of institutional involvement in arranging media involvement and shall be prohibited.

"13.11.8.5 Press-Release Content. The contents of a properly issued press release may be determined by the institution and may include comments by its coaching staff members about the abilities of the prospect."

  1. Bylaws: Amend 13.15.4.2, page 92, as follows:

[Division III]

"13.15.4.2 Company Funds. The use of a company’s funds to pay the expenses incurred in transporting a prospect to the campus constitutes the use of pooled resources."

Source: Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee agreed that this legislation is not appropriate to Division III. This proposal would permit institutions to announce a prospect’s paid (i.e., room deposit) through media forms normally used by the institution. Further, this proposal would prohibit the one-time announcement of signings unless the institution conducts such an event on a regular basis.

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NO. 11

USE OF RECRUITING FUNDS

Intent: To delete legislation relating to the use of recruiting funds.

A. Bylaws: Amend 13.15.4.1, page 92, as follows:

[Division III]

"13.15.4.1 Pooled Resources. The pooling of resources for recruiting purposes by two or more persons shall constitute such a slush fund. However, this provision shall not apply to persons upon whom a prospect may be naturally or legally dependent."

B. Bylaws: Amend 13.15.4.2, page 92, as follows:

[Division III]

"13.15.4.2 Company Funds. The use of a company’s funds to pay the expenses incurred in transporting a prospect to the campus constitutes the use of pooled resources."

Source: Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee believes that Bylaw 13.15.4 sufficiently states that an institution may not permit an outside organization, agency or group of individuals to utilize, administer or expend funds for recruiting purposes on behalf of the institution. Thus, in the spirit of deregulation, the committee recommends the deletion of these bylaws.

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NO. 12

SUMMER FINANCIAL AID

Intent: To permit Division III institutions to provide summer financial aid to student-athletes in accordance with institutional policy applicable to the general student body.

A. Bylaws: Amend 15.2.7, page 120, as follows:

[Division III]

"15.2.7 Summer Financial Aid. Summer financial aid may be awarded only to attend the awarding institution’s summer term, summer school or summer orientation program, provided the following conditions are met: Summer financial aid may be awarded to student-athletes in accordance with institutional policies applicable to the general student body.

"(a)

The student has been in residence a minimum of one term during the regular academic year;

"(b)

The student is attending a summer term, summer school or summer orientation program and financial aid is administered pursuant to 15.2.7.1.1 for enrolled student-athletes or 15.2.7.1.2 for incoming student-athletes during the summer prior to their initial full-time collegiate enrollment;

"(c)

The student is a two-year or a four-year college transfer student and is receiving aid to attend the awarding institution’s summer orientation program

"15.2.7.1 General Stipulations. A student-athlete who is eligible for institutional financial aid during the summer is not required to be enrolled in a minimum full-time program of studies. However, the student-athlete may not receive financial aid that exceeds the cost of a full grant-in-aid for attendance in that summer term.

"15.2.7.1.2 Summer Financial Aid—Prior to Initial, Full-Time Collegiate Enrollment. The following conditions apply to the awarding of financial aid to a student-athlete to attend an institution in the summer prior to the student’s initial, full-time collegiate enrollment:

"(a)

The recipient shall be admitted to the awarding member institution in accordance with regular, published entrance requirements;

"(b)

The recipient, if recruited, is subject to NCAA transfer provisions pursuant to 14.5.2-(h);

"(c)

During the summer term or orientation period, the recipient shall not engage in any organized athletics practice activities (see 17.02.1.1);

"(d)

The awarding institution certifies in writing that the student’s financial aid was granted without regard in any degree to athletics ability. The written certification shall be on file in the office of the director of athletics and shall be signed by the faculty athletics representative and the director of financial aid;

"15.2.7.2 Separate Award Required. It is necessary to make an additional award for a summer term, inasmuch as a member institution is limited to the award of financial aid for a period not in excess of one academic year.

[15.2.7.3 unchanged]

"15.2.7.4 Branch School. An institution may not provide a student-athlete with financial aid to attend a summer session at a branch campus of the institution."

[15.2.7.5 unchanged]

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The Division III philosophy states that student-athletes should not be treated differently than other members of the student body. Accordingly, summer financial aid provided to student-athletes should conform to institutional policies that are applicable to the general student body.

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NO. 13

AWARDS/BENEFITS – NONPERMISSIBLE LISTS

Intent: To delete nonpermissible lists relating to awards and benefits that an institution may provide to student-athletes.

  1. Bylaws: Amend 16.1.7.1, page 130-131, as follows:

[Division III]

"16.1.7.1 Home-Town Awards. A member institution, its booster club or any other organization may not pay the expenses of any student-athlete returning home to receive an award for athletics accomplishments or for other personal purposes. The student-athlete may return home at his or her own expense to attend a recognition event and receive an award from any home-town group (e.g., alumni club) that is not the institution’s local athletics booster group."

  • Bylaws: Amend 16.3.3, page 132, as follows:

[Division III]

"16.3.3 Nonpermissible. Services that may not be financed by the institution include, but are not limited to, the following:

"(a)

Typing costs, even if typed reports and other papers are a requirement of a course in which a student-athlete is enrolled. Typing costs are not considered an institutional fee under NCAA legislation, and payment would be considered an extra benefit not available to the general student body;

"(b)

Course supplies (e.g., calculators, art supplies); and

"(c)

Use of a copy machine only for student-athletes."

  • Bylaws: Amend 16.4.2, page 133, as follows:

[Division III]

"16.4.2 Nonpermissible. Student-athlete medical expense benefits that may not be financed by the institution are:

"(a)

Student health insurance, if the insurance is provided or offered to the general student body only on an optional basis, except that if such insurance is required for a particular group of students (e.g., foreign students), such expenses may be paid for student-athletes who are members of such a group. Only such required fees may be paid as a part of an institutional grant-in-aid for student-athletes;

"(b)

Surgical expenses to treat a student-athlete’s illness or injury that was not a result of practice for or participation in intercollegiate athletics at the institution and did not occur during voluntary physical activities that will prepare the student-athlete for competition;

"(c)

Medical or hospital expenses incurred as the result of an injury while going to or from class, or while participating in classroom requirements (e.g., physical education), unless similar services are provided by the institution to all students or by the terms and conditions of the institution’s overall insurance program; and

"(d)

Teeth cleaning, provisional filling of teeth or other dental work, unless the dental work is directly related to injury to the teeth that occurred during practice or competition."

  • Bylaws: Amend 16.5.2, page 134, as follows:

[Division III]

"16.5.2 Nonpermissible

"16.5.2.1 Housing Benefits. The institution may not provide an on-campus or off-campus housing benefit (e.g., individual television sets or stereo equipment, a recreation room or a centralized television room, room furnishings or appointments of extra quality or quantity) for student-athletes that is not available on the same basis to the general student body. The material benefits in question are permissible only if provided in approximately the same ratio to at least one-half of all other students utilizing on-campus housing facilities. Otherwise, dormitories with exclusive material housing benefits may not be utilized by student-athletes."

  • Bylaws: Amend 16.6.2, page 134, as follows:

[Division III]

"16.6.2 Nonpermissible. An institution may not provide any other expenses (except as permitted in 16.6.1 and 16.13) to a student-athlete's friends or relatives.

"16.6.2.1 Expenses for Visits by Friends and Relatives. An institution or any of its athletics representatives may not provide payment of any expenses (e.g., room, board, transportation) for friends or relatives to visit a student-athlete at the institution where he or she is enrolled.

"16.6.2.2 Expenses for Friends and Relatives to Attend Recognition Events. An institution or any of its athletics representatives may not provide the friends or relatives of student-athletes free admissions or meals in conjunction with the institution’s or booster club’s recognition banquet.

"16.6.2.3 Expenses for Spouse to Attend All-Star Game. An institution or any of its athletics representatives may not provide payment of expenses for the student-athlete’s spouse to accompany him or her to a postseason all-star football or basketball game. Provision of such expenses is considered an extra benefit to the relative of a student-athlete that is not available to the relatives of the general student body.

"16.6.2.4 Other Expenses. An institution may not provide any other expenses (except as permitted in 16.6.1 and 16.13) to a student-athlete’s friends or relatives."

  • Bylaws: Amend 16.8.2, page 139, as follows:

[Division III]

"16.8.2 Nonpermissible

"16.8.2.1 Travel Apparel. An institution may not provide to student-athletes team travel outfits, blazers or other items of clothing that are not sports-related practice or competition apparel.

"16.8.2.2 Transportation to/from Student-Athlete’s Residence. An institution may not provide transportation (e.g., shuttle, van) to on-campus practice sites for student-athletes traveling to and from their on- or off-campus residences, except in unusual situations involving danger, inclement weather or other similar extenuating circumstances.

"16.8.2.3 Reimbursement for Travel to Practice. An institution may not reimburse a student-athlete if the individual provides his or her own transportation to attend practice at an on- or off-campus site.

"16.8.2.4 Reimbursement for Travel to Competition. An institution may not reimburse a student-athlete for expenses incurred while driving to an institution’s off-campus competition site if the parents (or other relatives or friends) accompany the student-athlete to the competition site.

"16.8.2.5 Pregame Housing—Division III. An institution may not provide on- or off-campus housing that is separate from the student-athlete’s regular housing prior to a regular-season home contest in any sport on those days when institutional dormitories are open."

  • Bylaws: Amend 16.10.2, page 139, as follows:

[Division III]

"16.10.2 Nonpermissible

"16.10.2.1 Automobile. An institution may not provide the student-athlete with an automobile, under any circumstances.

"16.10.2.2 Returning Home to Receive Award. An institution may not pay the expenses of any student-athlete returning home to receive an award for athletics accomplishments or for other personal purposes.

"16.10.2.3 Summer Job. An institution may not pay a student-athlete’s transportation expenses to or from his or her summer job, unless such expenses are paid for all employees in that situation. (See 13.13.2.1.1 for additional restrictions governing the employment of student-athletes by camps or clinics.)

"16.10.2.4 Outside Event. An institution may not pay transportation or other expenses for a student-athlete to attend any athletics event when he or she is not representing the institution, except for established national championships (including junior national championships); Olympic, Pan American, World Championships, World Cup and World University Games qualifying competition.

"16.10.2.5 Fellowship of Christian Athletes. An institution may not pay transportation or other expenses for a student-athlete to attend Fellowship of Christian Athletes encampments (see 16.11.1.3).

"16.10.2.6 Single-Game Promotional Media Events. An institution may not pay transportation or other expenses for a student-athlete to attend special or single-game promotional media events that are not regularly established local media functions.

"16.10.2.7 Reimbursement for Transportation. An institution or its staff member may not provide transportation (e.g., a ride home with a coach) to an enrolled student-athlete even if the student-athlete reimburses the institution or its staff member for the appropriate amount of the gas expense."

  • Bylaws: Amend 16.11.2, page 141, as follows:

[Division III]

"16.11.2 Nonpermissible

"16.11.2.1 Unitemized Expenses. A student-athlete may not accept money for unspecified or unitemized expenses from any organization or individual.

"16.11.2.2 Prohibited Expenses. A student-athlete may not accept money for expenses that are prohibited by the rules governing an amateur noncollegiate event in which the individual participates.

"16.11.2.4 Sponsors. An individual (e.g., tennis player or golfer) who is not representing an educational institution during participation in athletics competition may not accept any expenses, or any other form of compensation, to participate in the competition from any sponsor other than an individual upon whom the athlete is naturally or legally dependent or the organization (other than a professional sports organization) that is sponsoring the competition.

"16.11.2.5 Expenses Based on Place Finish. Receipt of expenses is prohibited when the amount received is based on the individual’s place finish achieved in the competition (e.g., tennis, golf, track and field).

"16.11.2.6 FCA Encampments. A student-athlete may not accept expenses from any athletically related organization to attend Fellowship of Christian Athletes encampments. Nationally recognized service organizations and church groups (including the Fellowship of Christian Athletes) may underwrite the actual and necessary expenses for such attendance.

"16.11.2.7 Expenses From Media. A student-athlete may not accept transportation expenses from a magazine or other media enterprise to travel to a particular location (outside a 30-mile radius of the community in which the student-athlete’s institution is located) for purposes of taking a photograph of or writing a story about the student-athlete, unless the photograph or story is in conjunction with the receipt of an established award at that same location."

  • Bylaws: Amend 16.12.2, page 142, as follows:

[Division III]

"16.12.2 Nonpermissible

"16.12.2.1 General Rule. The student-athlete shall not receive any extra benefit. The term "extra benefit" refers to any special arrangement by an institutional employee or representative of the institution’s athletics interests to provide the student-athlete or his or her relatives or friends with a benefit not expressly authorized by NCAA legislation.

"16.12.2.2 Discounts and Credits. A student-athlete may not receive a special discount, payment arrangement or credit on a purchase (e.g., airline ticket, clothing) or a service (e.g., laundry, dry cleaning) from an institutional employee or a representative of its athletics interests.

"16.12.2.2.1 Free or Reduced-Cost Services. An athletics representative may not provide a student-athlete with professional services (for which a fee normally would be charged) without charge or at a reduced cost except as permitted elsewhere in this bylaw. Professional services provided at less than the normal rate or at no expense to a student-athlete are considered an extra benefit unless they are available on the same basis to the general student body.

"16.12.2.2.2 Telephones and Credit Cards. It is not permissible to allow a student-athlete to use a telephone or credit card for personal reasons without charge or at a reduced cost.

"16.12.2.2.3 Entertainment Services. A student-athlete may not receive services (e.g., movie tickets, dinners, use of car) from commercial agencies (e.g., movie theaters, restaurants, car dealers) without charge or at reduced rates, or free or reduced-cost admission to professional athletics contests from professional sports organizations, unless such services also are available to the student body in general.

"16.12.2.3 Other Prohibited Benefits. An institutional employee or representative of the institution’s athletics interests may not provide a student-athlete with extra benefits or services, including, but not limited to:

"(a)

A loan of money;

"(b)

A guarantee of bond;

"(c)

The use of an automobile; or

"(d)

Signing or cosigning a note with an outside agency to arrange a loan.

"16.12.2.4 Preferential Treatment. A student-athlete may not receive preferential treatment, benefits or services for his or her athletics reputation or skill or pay-back potential as a future professional athlete (see 16.12.1.4 for disabling-injury insurance exception).

"16.12.2.5 Camp Concession. It is not permissible for a member institution or a member of its athletics department staff conducting a sports camp to permit a student-athlete (enrolled in the institution) to operate, at the student-athlete’s own expense, a concession selling items related to or associated with the camp to campers or others in attendance (see also 13.13.1.5.4.2).

"16.12.2.6 Athletics Equipment. A student-athlete may not accept athletics equipment, supplies or clothing (e.g., tennis racquets, golf clubs, hockey sticks, balls, shirts) from a manufacturer or commercial enterprise. Such items may be provided to the student-athlete’s institution, to be utilized by the institution’s team in accordance with accepted practices for issuance and retrieval of athletics equipment.

"16.12.2.7 Sponsor Families. A member institution shall not permit individuals outside the institution to serve as "sponsors" or "families" for student-athletes who are enrolled in the institution unless such a sponsorship program exists to provide the same benefits and support services to all students at the institution.

"16.12.2.8 Civic-Group Gifts. A member institution shall not permit a civic group to provide a student-athlete a trip to a postseason football game or to pay summer-camp expenses for a student-athlete.

"16.12.2.9 Assistance in Payment of Bills. A member institution is not permitted to administer a fund for a student-athlete (even if funds are provided by the student-athlete) in order to assist the student-athlete in making payments for various personal expenses (e.g., utility bills, rent, fees and entertainment expenses) unless the institution provides such a service to all students and formal accounting procedures are utilized."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee believes that the lists of permissible activities is exhaustive. If an activity is not listed on the permissible list, it is not permissible. In the spirit of deregulation, the committee recommends the deletion of these lists of nonpermissible activities.

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.

NO. 14

COMPLIMENTARY ADMISSIONS AND TICKET
BENEFITS – PERMISSIBLE PROCEDURES

Intent: To amend legislation that permits institutions to provide complimentary tickets only to persons designated by the student-athlete.

Bylaws: Amend 16.2.1.1, page 131, as follows:

[Division III]

"16.2.1.1 Institutional Contests in the Student-Athlete’s Sport. An institution may provide four complimentary admissions per home or away contest to a student-athlete in the sport in which the individual participates (either practices or competes), regardless of whether the student-athlete competes in the contest. Complimentary tickets shall be distributed only to persons designated by the student-athlete.

[16.2.1.1.2 and 16.2.1.1.3 unchanged.]

"16.2.1.4 Division III Regulations. Complimentary tickets shall be distributed only to persons designated by the student-athlete. The institution shall be responsible for this administrative procedure, and the student-athlete’s eligibility shall be affected by involvement in action contrary to the provisions of 16.2.1.1 and 16.2.2.1."

[16.2.1.5 renumbered as 16.2.1.4.]

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: In the spirit of deregulation and in an attempt to make the Division III manual more user-friendly, the committee recommends this change to NCAA Bylaw 16.2.1.1. The committee believes that such a change will further clarify permissible procedures with regards to complimentary tickets.

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NO. 15

BENEFITS FOR STUDENT-ATHLETES

Intent: To permit Division III institutions to provide benefits to student-athletes only if such benefits are available to students in general.

  1. Bylaws: Amend 16.3, page 132, as follows:

[Division III]

"16.3 ACADEMIC AND OTHER SUPPORT SERVICES. An institution may finance academic and other support services for student-athletes provided such services are provided or are available to students in general.

"16.3.2 Permissible. Academic and other support services that may be financed by an institution are:

"(a)

Tutoring expenses;

"(b)

Drug-rehabilitation program expenses;

"(c)

Counseling expenses related to the treatment of eating disorders;

"(d)

On-campus student development and career counseling (including the provision of related materials of little or no commercial value to student-athletes) utilizing outside resources;

"(e)

Future professional athletics career counseling from a panel of at least three persons appointed by the institution’s chief executive officer (or his or her designated representative from outside the athletics department). Not more than one such panel member may be an athletics department staff member, and all other panel members must be selected by the institution from among its full-time employees who are employed outside the athletics department. All panel members shall be identified to the national office (see 12.3.4);

"(f)

Actual and necessary expenses to attend proceedings conducted by the institution, its athletics conference or the NCAA that relate to the student-athlete’s eligibility to participate in intercollegiate athletics or legal proceedings that result from the student-athlete’s involvement in athletics practice or competitive events. The cost of legal representation in such proceedings also may be provided by the institution (or a representative of its athletics interests);

"(g)

Use of computers and typewriters; and

"(h)

Cost of a field trip, provided the field trip is required of all students in the course and the fee for such trips is specified in the institution’s catalog."

  • Bylaws: Amend 16.5, page 133, as follows:

[Division III]

"16.5 HOUSING AND MEALS. An institution may finance housing and meal benefits incidental to a student's participation in intercollegiate athletics provided such housing and benefits are available to students in general.

"16.5.1 Permissible. Exceptions. Identified housing and meal benefits incidental to a student’s participation in intercollegiate athletics that may be financed by the institution are:

"(a)

Summer Dormitory Rentals. An institution may rent, at the regular institutional rate, dormitory space to a prospective or enrolled student-athlete during the summer months if it is the institution’s policy to make dormitory space available on the same basis to all prospective or enrolled students (see 15.2.2.4 for permissible housing benefits for student-athletes eligible to receive financial aid while attending summer school);

"(ba)

Preseason Practice Expenses. The institution may provide the cost of room and board to student-athletes who report for preseason practice prior to the start of the academic year, it being understood that the student-athlete has been accepted for admission to the institution at the time such benefits are received; and

"(d)

Meals Incidental to Participation. Student-athletes who are not receiving athletically related financial aid (e.g., walk-ons) may receive the benefit of a training-table meal during the permissible playing and practice season in those instances in which the student-athlete’s schedule is affected by involvement in practice activities, provided the student-athlete previously has paid for the same meal (e.g., dinner) at an institutional dining facility; further, all student-athletes are permitted to receive a pre or postgame meal or snack as a benefit incidental to participation; and"

[16.5.1-(e), relettered as 16.5.1-(b) unchanged.]

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The Division III philosophy states that student-athletes should not be treated differently than students in general. Consistent with this philosophy, the committee believes that these changes will clarify legislation that permits institutions to provide academic support services and housing and meal benefits to student-athletes as provided to students in general.

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NO. 16

MEDICAL EXPENSES

Intent: To amend legislation that permits institutions to provide medical expense benefits incidental to a student-athlete's participation in intercollegiate athletics.

Bylaws: Amend 16.4, page 132, as follows:

[Division III only]

"16.4 MEDICAL EXPENSES. An institution may finance medical expense benefits incidental to a student-athlete's participation in intercollegiate athletics.

"16.4.1 Permissible. Identified medical expense benefits incidental to a student’s participation in intercollegiate athletics that may be financed by the institution are:

"(a)

Athletics medical insurance;

"(b)

Death and dismemberment insurance for travel connected with intercollegiate athletics competition and practice;

"(c)

Drug-rehabilitation expenses;

"(d)

Counseling expenses related to the treatment of eating disorders;

"(e)

Special individual expenses resulting from a permanent disability that precludes further athletics participation. The illness or injury producing the disability must involve a former student-athlete or have occurred while the student-athlete was enrolled at the institution, or while the prospective student-athlete was on an official paid visit to the institution’s campus. An institution or outside agency, or both, may raise money through donations, benefits or like activities to assist the student-athlete or a prospective student-athlete. All funds secured shall be controlled by the institution, and the money shall be used exclusively to meet these expenses;

"(f)

Glasses, contact lenses or protective eyewear (e.g., goggles) for student-athletes who require visual correction in order to participate in intercollegiate athletics;

"(g)

Medical examinations at any time for enrolled student-athletes;

"(h)

Expenses for medical treatment (including transportation and other related costs) incurred by a student-athlete as a result of an athletically related injury. Such expenses may include the cost of traveling to the location of medical treatment or the provision of actual and necessary living expenses for the student-athlete to be treated at a site on or off the campus during the summer months while the student-athlete is not actually attending classes. Medical documentation shall be available to support the necessity of the treatment at the location in question;

"(i)

Surgical expenses to a student-athlete (including a partial qualifier or a nonqualifier) who is injured during the academic year while participating in voluntary physical activities that will prepare the student-athlete for competition;

"(j)

Medication and physical therapy utilized by a student-athlete during the academic year to enable the individual to participate in intercollegiate athletics, regardless of whether the injury or illness is the result of intercollegiate competition or practice;

"(k)

Medication and physical therapy utilized by a student-athlete (even if the student-athlete is not a full-time student) during the academic year to enable the individual to participate in intercollegiate athletics, only if the student-athlete resides on campus (or in the local community of the institution) and appropriate medical documentation is available to establish that the student-athlete is unable to attend the institution as a full-time student as a result of the student-athlete’s injury or illness; and

"(l)

Preseason dental examinations conducted in conjunction with a regular preseason physical examination."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee recommends this revision to NCAA Bylaw 16.4 to indicate that Division III institutions may provide medical expense benefits incidental to a student-athlete's participation in intercollegiate athletics. In the spirit of deregulation, the committee also recommends the deletion of the list of permissible expenses in 16.4-(a) through 16.4-(l) inasmuch as any medical expense incidental to a student-athlete’s participation in intercollegiate athletics may be financed by the institution.

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NO. 17

AWARDS AND BENEFITS

Intent: To delete specific legislation relating to awards and benefits.

  1. Bylaws: Amend 16.6.1.1, page 134, as follows:

[Division III only]

"16.6.1.1 Expenses for Spouse/Children to Postseason Football Game. The institution may provide the cost of actual and necessary expenses (e.g., transportation, lodging, meals and expenses associated with team entertainment functions) for the spouse and children of an eligible student-athlete to accompany the student-athlete to a certified postseason football game or an NCAA championship in the sport of football."

  • Bylaws: Amend 16.10.1.1, page 138, as follows:

[Division III]

"16.10.1.1 Awards or Recognition Meetings. An institution or representatives of its athletics interests (through the institution) may provide actual and necessary expenses to transport a team to awards or recognition meetings specified in 16.1.6, 16.1.7.3 and 16.1.7.4.

"16.10.1.2 Good-Will Tours. The institution may pay the actual and necessary expenses for a student-athlete to participate in a preseason good-will tour to promote its intercollegiate athletics program, provided the tour does not involve more than two student-athletes in the same sport who have eligibility remaining and is confined to the state in which the institution is located, or within 100 miles of the institution’s main campus, if out of state. "

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: In a spirit of deregulation, the committee recommends the deletion of these bylaws. The committee believes that current legislation is not appropriate due to the inherent budgetary restrictions of Division III athletic departments.

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NO. 18

EXPENSES FOR COMPETITION

Intent: To amend permissible actual and necessary expenses and departure/return regulations by reformatting the legislation.

A. Bylaws: Amend 16.7.1, page 135, as follows:

[Division III]

"16.7.1 Away-From-Home Contests. The institution may pay the actual costs (but may not provide cash) for reasonable entertainment that takes place within a 100-mile radius of where a team plays or practices in connection with an away-from-home contest or en route to or from such a contest. It is not permissible for a team to depart more than 48 hours prior to or to remain more than 36 hours after an event or to transport the team to another area for entertainment purposes.

[16.7.1.1 unchanged.]

"16.7.2 Departure/Return Restrictions. It is not permissible for a team to depart more than 48 hours prior to or to remain more than 36 hours after an event or to transport the team to another area for entertainment purposes.

"16.7.2.1 Exceptions. The time limitations related to the provisions of travel expenses do not apply in the following circumstances:

"(a)

Travel prior to and following contests in Hawaii or Alaska;

"(b)

Travel prior to and following contests in the 48 contiguous states for member institutions located in Hawaii and Alaska;

"(c)

Travel prior to and following regular-season competition that takes place during the institution’s official vacation period during the academic year;

"(d)

Travel prior to contests in NCAA championship events, NGB championship vents in an emerging sport or certified postseason football games; or

"(e)

Travel prior to the National Football Foundation Hall of Fame benefit game or the American Football Coaches Retirement Trust benefit game."

[16.7.3 and 16.7.4, renumbered as 16.7.2 and 16.7.3, unchanged.]

B. Bylaws: Amend 16.8.1.2, page 136, as follows:

[Division III]

"16.8.1.2 Competition While Representing Institution. An institution may provide actual and necessary travel expenses (e.g., transportation, lodging and meals) to a student-athlete for participation in athletics competition, provided the student-athlete competes in the uniform of the institution and, who is eligible for collegiate the competition, provided the student-athlete departs for the competition no earlier than 48 hours prior to the start of the actual competition and remains no more than 36 hours following the conclusion of the actual competition even if the student-athlete does not return with the team. Violations of this bylaw shall be considered institutional violations per 2.8.1, however, they shall not affect the student-athlete’s eligibility. Such competition includes:

"(a)

Regularly scheduled intercollegiate athletics events;

"(b)

NCAA championship events and NGB championship events in an emerging sport;

"(c)

A certified postseason football game (see 18.7 and 30.9 for conditions required for certification);

"(d)

Noncollegiate open, amateur competition; and

"(e)

Other institutional competition permissible under NCAA legislation, including postseason events.

"16.8.1.2.1 Departure/Return Expense Restrictions. An eligible student-athlete may receive actual and necessary travel expenses to represent the institution in athletics competition, provided the student-athlete departs for the competition no earlier than 48 hours prior to the start of the actual competition and remains no more than 36 hours following the conclusion of the actual competition even if the student-athlete does not return with the team."

[16.8.1.2.1.1 renumbered as 16.8.1.2.1 unchanged.]

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee believes that current legislation is not appropriate due to the inherent budgetary restrictions of Division III athletic departments. In a spirit of deregulation, the committee recommends the deletion of these bylaws.

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NO. 19

EXPENSES FOR PRACTICE AND COMPETITION – DURING VACATION PERIOD

Intent: To amend legislation relating to permissible team transportation that may be provided by an institution to a student-athlete that occurs during a vacation period.

Bylaws: Amend 16.8.1.5, page 137, as follows:

[Division III]

"16.8.1.5 Travel to NCAA Championships, NGB Championships in Emerging Sports and Postseason Bowl Games During Vacation Period. The institution may provide team transportation for a student-athlete to travel from campus to the site of an NCAA championship or NGB championship in an emerging sport.

"16.8.1.5.1 General Rule. The institution may provide team transportation for a student-athlete to travel from campus to the site of an NCAA championship, NGB championship in an emerging sport or a postseason bowl game and back to campus.

"16.8.1.5.1.1 Exceptions

"(a)

Student-Athlete Does Not Use Team Transportation. If the student-athlete goes home during the vacation period, the institution may provide (in lieu of team transportation) the greater of the transportation costs for the student-athlete to travel from:

"(1)

Campus to the event site and back to campus;

"(2)

Campus to the student-athlete’s home and back to campus; or

"(3)

The student-athlete’s home to the event site and back home

"(b)

Student-Athlete Uses "Leg" of Team Transportation. An institution that provides one "leg" of actual team transportation (i.e., campus to the event site or from the event site back to campus) must deduct the value of the actual transportation cost of that "leg" from the allowance provided the student-athlete in (a) above.

"(c)

Second Trip Home. If a student-athlete either uses teamtransportation to travel from campus to the event site and back to campus, or participates in an event that takes place in the institution’s home community, and also has personally paid for a round-trip ticket home during that same vacation period, that student-athlete may be provided actual transportation expenses to travel between campus and home on a second occasion during that same period."

Effective Date: August 1, 2000.

Rationale: In the spirit of deregulation, the committee recommends these changes to NCAA Bylaw 16.8.1.5 to clarify permissible team transportation that an institution may provide for student-athletes in traveling to an NCAA championship or NBG championship in an emerging sport during the vacation period. In addition, the committee feels that the exceptions set forth in 16.8.5.1.1 are not appropriate Division III.

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NO. 20

MISSED CLASS TIME FOR PRACTICE – GOLF

Intent: To delete legislation that permits student-athletes in the sport of golf to miss class time for practice activities.

Bylaws: Amend 17.1.8, page 149, as follows:

[Division III]

"17.1.8 Missed Class Time Division III For Practice. No class time shall be missed for practice activities except when a team is traveling to an away-from-home contest and the practice is in conjunction with the contest.

"17.1.8.1 Missed Class Time for Practice Activities—Football and Basketball and Both Segments in All Other Sports Except Golf. In the sports of football and basketball and during the traditional and nontraditional segments in all other sports except golf, no class time shall be missed for practice activities except when a team is traveling to an away-from-home contest and the practice is in conjunction with the contest."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: Current legislation permits student-athletes in the sport of golf to miss class time for practice activities. The committee believes that all sports should be treated consistently and, in accordance with the Division III philosophy, intercollegiate athletics should only support the institution's educational mission. Accordingly, in the spirit of deregulation, the committee recommends the deletion of this exception for student-athletes to miss class time for practice in the sport of golf.

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NO. 21

OUT OF SEASON, NONCOLLEGIATE, AMATEUR COMPETITION – FOOTBALL

Intent: To delete legislation that permits one student-athlete from a member institution's football team to practice or compete as a member of an outside amateur football team outside of the playing season.

Bylaws: Amend 17.10.8.1.1, page 179, as follows:

[Division III]

"17.10.8.1.1 Out-of-Season, Noncollegiate, Amateur Competition. It is permissible for only one student-athlete from a member institution’s football team to practice or compete as a member of an outside amateur football team outside the playing season (except as provided in 17.10.8.1.2), provided no member of the athletics department from the institution in which such a student-athlete is enrolled is involved with the team in any way (e.g., coach, official, player)."

Source: NCAA Division III Interpretations and Legislation Committee.

Effective Date: August 1, 2000.

Rationale: The committee believes that Bylaw 17.10.8.1, which states that a student-athlete is ineligible for intercollegiate competition in football if the following enrollment in college and during any year in which the student-athlete is a member of an intercollegiate football squad or team, the student-athlete competes or has competed as a member of any outside football team in any noncollegiate amateur competition, prohibits this exception. Thus, in the spirit of deregulation, the committee recommends the deletion of this bylaw.

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