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.
CONDUCT OF ATHLETICS PERSONNEL ENDORSEMENT OF COMMERCIAL PRODUCTS |
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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. |
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A. Bylaws: Amend 11.1.4, page 51, as follows: |
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[Division III] |
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B. Bylaws: Amend 11.3.2.5, page 53, as follows: |
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[Division III] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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CONDUCT OF ATHLETICS PERSONNEL INCOME FROM SALE OF STOCK |
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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. |
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Bylaws: Amend 11.3.3.2.3, page 54, as follows: |
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[Division III] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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AMATEURISM FUNDS FROM PROFESSIONAL SPORTS ORGANIZATION |
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Intent: To delete the list of conditions that preclude a member institution from accepting funds from a professional sports organization. |
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A. Bylaws: Amend 12.6.1.5, page 68, as follows: |
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[Division III] |
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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; |
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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 |
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The money is placed in the institutions general fund and credited to the athletics department for an unspecified purpose." |
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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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RECRUITING NONPERMISSIBLE LISTS |
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Intent: To delete nonpermissible lists that relate to Bylaws 13.02.5.2, 13.4.4.1 and 13.6.1.1. |
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A. Bylaws: Amend 13.02.5.2, page 72, as follows: |
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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." |
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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 prospects official visit to the campus." |
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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." |
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B. Bylaws: Amend 13.4.4.1, page 77, as follows: |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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NONPERMISSIBLE RECRUITING EXPENSES |
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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. |
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Bylaws: Amend 13.1.2.8, page 75, as follows: |
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[Division III] |
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Source: Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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. |
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TRANSPORTATION ON AN OFFICIAL VISIT |
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Intent: To delete legislation relating to transportation on an official visit. |
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Bylaws: Amend 13.6.2.1, page 78, as follows: |
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[Division III] |
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"13.6.2.1 General
Restrictions. A member institution may pay the prospects actual round-trip
transportation costs for his or her official visit to its campus, provided a direct route
between the prospects home and the institutions campus is used |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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ENTERTAINMENT, REIMBURSEMENT AND EMPLOYMENT OF HIGH-SCHOOL/COLLEGE PREPARATORY SCHOOL/TWO-YEAR COLLEGE COACHES. |
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Intent: To amend legislation relating to entertainment of a high-school college preparatory school or two-year college coach by an institutional staff member. |
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Bylaws: Amend 13.9.1, page 84, as follows: |
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[Division III] |
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"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 institutions campus and
shall be limited to providing a maximum of two complimentary admissions |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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Rationale: Bylaw 13.9.1 states that a member institutions coach may only entertain a high-school/college-preparatory school/two-year college coach on a member institutions 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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PUBLICITY COMMENTS ON PROSPECTS |
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Intent: To amend legislation relating to an institution commenting on a prospects ability. |
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Bylaws: Amend 13.11.2, page 86, as follows: |
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[Division III] |
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"13.11.2 Comments Prior
to Signing. |
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Source: Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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PUBLICITY INTENT TO ENROLL |
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Intent: To delete legislation that prohibits an institution from publicizing a prospects intention to enroll. |
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Bylaws: Amend 13.11.6, page 86, as follows: |
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[Division III] |
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Source: Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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ANNOUNCEMENT OF ACCEPTANCE |
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Intent: To amend legislation relating to the announcement of a prospects acceptance of the institutions written offer of admission. |
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A. Bylaws: Amend 13.11.8, page 86, as follows: |
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[Division III] |
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"13.11.8 Announcement of |
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[13.11.8.3 unchanged.] |
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Source: Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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Rationale: The committee agreed that this legislation is not appropriate to Division III. This proposal would permit institutions to announce a prospects 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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USE OF RECRUITING FUNDS |
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Intent: To delete legislation relating to the use of recruiting funds. |
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A. Bylaws: Amend 13.15.4.1, page 92, as follows: |
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[Division III] |
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B. Bylaws: Amend 13.15.4.2, page 92, as follows: |
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[Division III] |
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Source: Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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SUMMER FINANCIAL AID |
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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. |
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A. Bylaws: Amend 15.2.7, page 120, as follows: |
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[Division III] |
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"15.2.7 Summer Financial
Aid. |
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The student has been in residence a minimum of one term during the regular academic year; |
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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; |
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The student is a two-year or a four-year college transfer student and is receiving aid to attend the awarding institutions summer orientation program |
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The recipient shall be admitted to the awarding member institution in accordance with regular, published entrance requirements; |
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The recipient, if recruited, is subject to NCAA transfer provisions pursuant to 14.5.2-(h); |
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During the summer term or orientation period, the recipient shall not engage in any organized athletics practice activities (see 17.02.1.1); |
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The awarding institution certifies in writing that the students 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; |
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[15.2.7.3 unchanged] |
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[15.2.7.5 unchanged] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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AWARDS/BENEFITS NONPERMISSIBLE LISTS |
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Intent: To delete nonpermissible lists relating to awards and benefits that an institution may provide to student-athletes. |
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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; |
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Course supplies (e.g., calculators, art supplies); and |
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Use of a copy machine only for student-athletes. " |
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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; |
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Surgical expenses to treat a student-athletes 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; |
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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 institutions overall insurance program; and |
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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. " |
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"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. |
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A loan of money; |
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A guarantee of bond; |
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The use of an automobile; or |
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Signing or cosigning a note with an outside agency to arrange a loan. |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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COMPLIMENTARY ADMISSIONS AND TICKET |
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Intent: To amend legislation that permits institutions to provide complimentary tickets only to persons designated by the student-athlete. |
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Bylaws: Amend 16.2.1.1, page 131, as follows: |
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[Division III] |
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"16.2.1.1 Institutional Contests in the Student-Athletes 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. |
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[16.2.1.1.2 and 16.2.1.1.3 unchanged.] |
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[16.2.1.5 renumbered as 16.2.1.4.] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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BENEFITS FOR STUDENT-ATHLETES |
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Intent: To permit Division III institutions to provide benefits to student-athletes only if such benefits are available to students in general. |
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"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. |
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Tutoring expenses; |
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Drug-rehabilitation program expenses; |
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Counseling expenses related to the treatment of eating disorders; |
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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; |
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Future professional athletics career counseling from a panel of at least three persons appointed by the institutions 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); |
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Actual and necessary expenses to attend proceedings conducted by the institution, its athletics conference or the NCAA that relate to the student-athletes eligibility to participate in intercollegiate athletics or legal proceedings that result from the student-athletes 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); |
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Use of computers and typewriters; and |
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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 institutions catalog . |
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"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. |
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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 |
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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-athletes 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 " |
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[16.5.1-(e), relettered as 16.5.1-(b) unchanged.] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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MEDICAL EXPENSES |
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Intent: To amend legislation that permits institutions to provide medical expense benefits incidental to a student-athlete's participation in intercollegiate athletics. |
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Bylaws: Amend 16.4, page 132, as follows: |
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"16.4 MEDICAL EXPENSES. An institution may finance medical expense benefits incidental to a student-athlete's participation in intercollegiate athletics. |
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Athletics medical insurance; |
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Death and dismemberment insurance for travel connected with intercollegiate athletics competition and practice; |
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Drug-rehabilitation expenses; |
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Counseling expenses related to the treatment of eating disorders; |
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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 institutions 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; |
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Glasses, contact lenses or protective eyewear (e.g., goggles) for student-athletes who require visual correction in order to participate in intercollegiate athletics; |
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Medical examinations at any time for enrolled student-athletes; |
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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; |
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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; |
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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; |
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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-athletes injury or illness; and |
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Preseason dental examinations conducted in conjunction with a regular preseason physical examination . |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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-athletes participation in intercollegiate athletics may be financed by the institution. |
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AWARDS AND BENEFITS |
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Intent: To delete specific legislation relating to awards and benefits. |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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EXPENSES FOR COMPETITION |
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Intent: To amend permissible actual and necessary expenses and departure/return regulations by reformatting the legislation. |
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A. Bylaws: Amend 16.7.1, page 135, as follows: |
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[Division III] |
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"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. |
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[16.7.1.1 unchanged.] |
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Travel prior to and following contests in Hawaii or Alaska; |
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Travel prior to and following contests in the 48 contiguous states for member institutions located in Hawaii and Alaska; |
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Travel prior to and following regular-season competition that takes place during the institutions official vacation period during the academic year; |
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Travel prior to contests in NCAA championship events, NGB championship vents in an emerging sport or certified postseason football games; or |
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Travel prior to the National Football Foundation Hall of Fame benefit game or the American Football Coaches Retirement Trust benefit game." |
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[16.7.3 and 16.7.4, renumbered as 16.7.2 and 16.7.3, unchanged.] |
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B. Bylaws: Amend 16.8.1.2, page 136, as follows: |
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[Division III] |
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"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 |
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Regularly scheduled intercollegiate athletics events; |
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NCAA championship events and NGB championship events in an emerging sport; |
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A certified postseason football game (see 18.7 and 30.9 for conditions required for certification); |
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Noncollegiate open, amateur competition; and |
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Other institutional competition permissible under NCAA legislation, including postseason events. |
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[16.8.1.2.1.1 renumbered as 16.8.1.2.1 unchanged.] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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EXPENSES FOR PRACTICE AND COMPETITION DURING VACATION PERIOD |
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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. |
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Bylaws: Amend 16.8.1.5, page 137, as follows: |
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[Division III] |
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"16.8.1.5 Travel to NCAA
Championships, NGB Championships in Emerging Sports and |
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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: |
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Campus to the student-athletes home and back to campus; or |
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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. |
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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 institutions 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 . |
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Effective Date: August 1, 2000. |
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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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MISSED CLASS TIME FOR PRACTICE GOLF |
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Intent: To delete legislation that permits student-athletes in the sport of golf to miss class time for practice activities. |
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Bylaws: Amend 17.1.8, page 149, as follows: |
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[Division III] |
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"17.1.8 Missed Class Time
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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OUT OF SEASON, NONCOLLEGIATE, AMATEUR COMPETITION FOOTBALL |
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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. |
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Bylaws: Amend 17.10.8.1.1, page 179, as follows: |
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[Division III] |
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Source: NCAA Division III Interpretations and Legislation Committee. |
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Effective Date: August 1, 2000. |
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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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