LSDBi
Division II Proposal - NC-2018-8
AWARDS AND BENEFITS -- GENERAL PRINCIPLES -- ELIGIBILITY EFFECT OF VIOLATION -- RESTITUTION FOR RECEIPT OF IMPERMISSIBLE BENEFITS -- INCREASE FROM $100 TO $200
Convention Year: 2018
Date Submitted: March 30, 2017
Status: Adopted Final
Effective Date: Immediate
Official Notice Number: NC-2018-8
Source: NCAA Division II Management Council (Committee on Student-Athlete Reinstatement).
Proposal Category: Noncontroversial
Topical Area: Awards and Benefits
Intent: To increase from $100 to $200 the value of improper benefits for which restitution is required.
A. Bylaws: Amend 13.12.1.5, as follows:
13.12.1.5 Prospective Student-Athletes/No Free or Reduced Admission Privileges.
[13.12.1.5.1 through 13.12.1.5.3 unchanged.]
13.12.1.5.4 Restitution. For violations of Bylaw 13.12.1.5 and its subsections in which the value of the benefit is $100 $200 or less, the eligibility of the prospective student-athlete shall not be affected conditioned on the prospective student-athlete repaying the value of the benefit to a charity of his or her choice. However, the prospective student-athlete shall remain ineligible from the time the institution has knowledge of receipt of the impermissible benefit until the prospective student-athlete repays the benefit. Violations of this bylaw remain institutional violations per Constitution 2.8.1, and documentation of the prospective student-athlete's repayment shall be forwarded to the enforcement staff.
B. Bylaws: Amend 16.01, as follows:
16.01 General Principles.
[16.01.1 unchanged.]
16.01.1.1 Restitution for Receipt of Impermissible Benefits. Unless otherwise noted, for violations of Bylaw 16 in which the value of the benefit is $100 $200 or less, the eligibility of the student-athlete shall not be affected conditioned upon the student-athlete's repayment of the benefit to a charity of his or her choice. The student-athlete, however, shall remain ineligible from the time the institution has knowledge of receipt of the impermissible benefit until the student-athlete repays the benefit. Violations of the bylaw remain institutional violations per Constitution 2.8.1, and documentation of the student-athlete's repayment shall be forwarded to the enforcement staff. For violations of Bylaw 16 in which there is no monetary value to the benefit, violations shall be considered institutional violations per Constitution 2.8.1; however, such violations shall not affect the student-athlete's eligibility.
Co-sponsorship - Conference:
None
Co-sponsorship - Institution:
None
Position Statement(s):
None
Review History:
Additional Information:
The restitution value has not been reviewed by the membership for approximately 10 years. Review of case data indicates an increase to $200 will decrease bureaucracy and increase efficiencies for the benefit of the NCAA Division II membership. This change will not eliminate the need to report an institutional violation to the NCAA enforcement staff or request reinstatement if relief from repayment or an alternative reinstatement condition to repayment is requested (e.g., service learning).
Convention Vote:
No Convention Record
Legislative References
| Division | Number | Title |
|---|---|---|
| II | 13.12.1.5 | Prospective Student-Athletes/No Free or Reduced Admission Privileges. |
| II | 13.12.1.5.4 | Restitution. |
| II | 16.01 | General Principles. |
| II | 16.01.1.1 | Restitution for Receipt of Impermissible Benefits. |