NCAA LSDBi

Division III Proposal - ER-2021-2

VARIOUS BYLAWS -- INCORPORATE GENDER-INCLUSIVE LANGUAGE

Convention Year: 2022

Date Submitted: March 9, 2021

Status: Adopted Final

Effective Date: Immediate

Official Notice Number: ER-2021-2

Source: NCAA Staff.

Proposal Category: Editorial Revision

Topical Area:

A.    Constitution: Amend 3, as follows:

3.2.4 Conditions and Obligations of Membership.

[3.2.4.1 through 3.2.4.15 unchanged.]

3.2.4.16 Convention and Regional Rules Seminar Attendance. Each year, an active member institution must be represented by an institutional staff member who is certified as a voting delegate (see Constitution 5.1.3.4) and who votes for his or hertheir institution at the NCAA Convention Division III business session. At least once every three years, an active member institution must be represented by at least one institutional staff member at the NCAA Regional Rules Seminar.

[3.2.4.16.1 through 3.2.4.16.3 unchanged.]

[3.2.4.17 through 3.2.4.26 unchanged.]

B.    Constitution: Amend 4, as follows:

4.4 Presidents Council.

[4.4.1 unchanged.]

4.4.2 Duties and Responsibilities. The Presidents Council shall:

[4.4.2-(a) through 4.4.2-(k) unchanged.]

(l) Advise the Board of Governors concerning the employment of the NCAA president and concerning the oversight of his or hertheir employment.

[4.4.3 unchanged.]

C.    Bylaws: Amend 10, as follows:

10.1 Unethical Conduct. Unethical conduct by a prospective or enrolled student-athlete or a current or former institutional staff member, which includes any individual who performs work for the institution or the athletics department even if he or she doesthey do not receive compensation for such work, may include, but is not limited to, the following:

[10.1-(a) through 10.1-(g) unchanged.]

D.    Bylaws: Amend 11, as follows:

11.1.4 Representing Individuals in Marketing Athletics Ability/Reputation. Staff members of the athletics department of a member institution shall not represent, directly or indirectly, any individual in the marketing of athletics ability or reputation to an agent, a professional sports team or a professional sports organization, including receiving compensation for arranging commercial endorsements or personal appearances for former student-athletes, except as specified in Bylaw 11.1.4.1, and shall not receive compensation or gratuities of any kind, directly or indirectly, for such services.

11.1.4.1 Exception -- Head Coach. An institution's head coach in a sport may contact agents, professional sports teams or professional sports organizations on behalf of a student-athlete, provided no compensation is received for such services. The head coach shall consult with and report his or hertheir activities to the president or chancellor [or an individual or group (e.g., athletics advisory board) designated by the president or chancellor]. The head coach may:

[11.1.4.1-(a) through 11.1.4.1-(b) unchanged.]

(c) Visit with player agents or representatives of professional athletics teams to assist the student-athlete in determining his or her their market value (e.g., potential salary, draft status).

11.4 Employment of High School, Preparatory School or Two-Year College Coaches.

[11.4.1 unchanged.]

11.4.2 High School, Preparatory or Two-Year College Coach. An institution may employ a high school, preparatory school or two-year college coach (or a high school, preparatory school or two-year college may employ an institution's coach) provided that in his or hertheir coaching role at the institution the individual:

[11.4.2-(a) through 11.4.2-(c) unchanged.]

[11.4.3 unchanged.]

E.    Bylaws: Amend 13, as follows:

13.01 General Principles.

[13.01.1 through 13.01.5 unchanged.]

13.01.6 Eligibility Effects of Recruiting Violation. The recruitment of a prospective student-athlete by a member institution or any representative of its athletics interests in violation of the Association's legislation, as acknowledged by the institution or established through the Association's enforcement procedures, shall result in the student-athlete's becoming ineligible to represent that institution in intercollegiate athletics. The Committee on Student-Athlete Reinstatement may restore the eligibility of a student involved in such a violation only when circumstances clearly warrant restoration. A student is responsible for his or hertheir involvement in a violation of NCAA regulations during the student's recruitment and involvement in a major violation (see Bylaw 19.02.2.2) may cause the student to become permanently ineligible for intercollegiate athletics competition at that institution.

13.02 Definitions and Applications.

13.02.3 Contact. A contact is any face-to-face encounter between a prospective student-athlete or the prospective student-athlete's relatives, guardian(s) or individual of a comparable relationship and an institutional athletics department staff member or athletics representative during which any dialogue occurs in excess of an exchange of a greeting. Any such face-to-face encounter that is prearranged (e.g., positions himself/herself themselves in a location where contact is possible) or that takes place on the grounds of the prospective student-athlete's educational institution or at the site of organized competition or practice involving the prospective student-athlete or the prospective student-athlete's high school, preparatory school, two-year college or all-star team shall be considered a contact, regardless of the conversation that occurs. Any communication (e.g., face-to-face, telephone call or electronic transmission) with a prospective student-athlete at the site of organized competition involving the prospective student-athlete by athletics personnel who are attending the competition or who are aware of the competition also shall be considered a contact.

13.02.5 Student-Athlete. An individual becomes a student-athlete when he or she participatesthey participate in an intercollegiate squad practice or contest that is under the jurisdiction of the athletics department.

13.02.5.1 Permissible Recruitment Activities for Enrolled Student-Athletes. Permissible recruitment activities for enrolled student-athletes are limited to the following: [D]

[13.02.5.1-(a) unchanged.]

(b) Electronic transmissions. It is permissible for an enrolled student-athlete to send electronic correspondence (e.g., electronic mail, Instant Messenger, private communication through social networking site, text messages or facsimiles) to a prospective student-athlete for the purpose of recruitment, provided the correspondence is sent directly to the prospective student-athlete (or his or her their parents or legal guardians) and is private between only the sender and recipient (e.g., no use of public chat rooms, message boards, public communication through a social networking site).

[13.02.5.1-(c) through 13.02.5.1-(d) unchanged.]

13.02.11 Electronic Transmissions. Any electronically transmitted correspondence (e.g., electronic mail, Instant Messenger, private communication through social media platforms, text messages or facsimiles) may be sent to a prospective student-athlete (or his or hertheir parents or legal guardians) provided the communication is private between only the sender and recipient (e.g., no use of public chat rooms, message boards, public communication through social media platforms). An enrolled student-athlete may send private electronic correspondence (e.g., electronic mail, Instant Messenger, private communication through social media platforms, text messages or facsimiles) to a prospective student-athlete for recruitment purposes. [D]

13.1 Contacts and Evaluations. Recruiting contacts with a prospective student-athlete (or the prospective student-athlete's relatives or guardians) by institutional staff members and/or representatives of the institution's athletics interests are subject to the provisions set forth in this bylaw. [D]

13.1.1.1 High School Prospective Student-Athletes. In-person, off-campus recruiting contacts shall not be made with a prospective student-athlete or the prospective student-athlete's relatives or guardian(s) until the prospective student-athlete has completed his or hertheir sophomore year in high school. U.S. service academy exceptions to this provision are set forth in Bylaw 13.15.1. [D]

13.1.1.1.1 Contact by Coach Employed in Admissions Office. It is permissible for a coach who is employed in the admissions office of the institution to be involved in off-campus admissions programs directed at prospective students in general, provided contact made with a prospective student-athlete before the completion of his or hertheir sophomore year in high school is not for the purpose of athletics recruitment (e.g., athletics recruiting presentation). [D]

13.1.1.2.1 Self-Release. Using a form made available by the NCAA national office, a student-athlete who attends a Division III institution may issue, on his or hertheir own behalf, permission for another Division III institution to contact the student-athlete about a potential transfer. The student-athlete shall forward this form to the director of athletics at the institution of interest. Contact between the student-athlete and institution may occur during the 30-day period beginning with the date the permission to contact form is signed by the student-athlete. An additional form must be issued for contact to occur or continue beyond the initial 30-day period. [D]

13.1.1.2.2 Hearing Opportunity. If the institution decides to deny a student-athlete's request to permit any other institution to contact the student-athlete about transferring, the institution shall inform the student-athlete in writing that he or shethey, on request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and nonathletics faculty/staff members). The student-athlete shall be informed of this hearing opportunity within seven business days of the request for permission to contact. Within 15 business days (see Bylaw 13.02.1) of receipt of the student-athlete's written request for a hearing, the institution shall conduct and provide written results of the hearing to the student-athlete. The student-athlete shall be provided the opportunity to actively participate (e.g., in-person, via telephone) in the hearing. If the institution fails to conduct the hearing or provide the written results to the student-athlete within 15 business days, permission to contact the student-athlete shall be granted by default and the institution shall provide written permission to the student-athlete. [D]

13.1.2 Permissible Recruiters.

13.1.2.1.1 Employment Prohibition. An institution may not employ an individual for the primary purpose of recruiting or evaluating prospective student-athletes and designate the individual as a coach if he or she doesthey do not reside in the institution's general locale. Such an individual would be considered an athletics talent scout rather than a regular institutional staff member. [D]

13.5.2 Transportation on Official Paid Visit.

13.5.2.1 General Regulations. A member institution may pay the prospective student-athlete's actual round-trip transportation costs for his or hertheir official visit to its campus, provided a direct route between the prospective student-athlete's home and the institution's campus is used. [R]

13.5.2.2.2 Coach Accompanying Prospective Student-Athlete. Coaching staff members (except as permitted in Bylaw 13.5.2.4) shall not accompany a prospective student-athlete in the coach's sport to or from an official visit unless the prospective student-athlete travels only by automobile. All transportation must occur within the state in which the institution is located, or if outside the state, within 100 miles of the institution's main campus. On completion of the 48-hour period, the coach shall terminate contact with the prospective student-athlete and his or hertheir parent(s), guardians, spouse or individual of a comparable relationship immediately (see Bylaw 13.6.2.1). [R]

13.5.2.5 To/From Site of Competition. A prospective student-athlete may be transported to campus for an official visit from the site of his or hertheir athletics competition or the reverse arrangement, provided only actual transportation expenses are paid and the cost of the transportation does not exceed the cost of transportation between the prospective student-athlete's home or educational institution and the institution's campus. [R]

13.5.2.6 From Educational Institution. An institution may pay actual transportation costs for the prospective student-athlete to return to his or hertheir home after an official visit that originated at the prospective student-athlete's educational institution, provided the cost of the transportation to the legal residence does not exceed the cost of transportation to the educational institution. [R]

13.7 Unofficial Visit.

13.7.1 Number Permitted. A prospective student-athlete may visit a member institution's campus at his or hertheir own expense an unlimited number of times. A prospective student-athlete may make unofficial visits before January of his or hertheir junior year in high school.

13.11.4 Employment at Competition Events, Sports Camps and Clinics and Other Events.

13.11.4.2 Student-Athlete Employment. Student-athletes may be employed by athletics events (institutional or non-institutional) involving prospective student-athletes, provided:

[13.11.4.2-(a) unchanged.]

(b) A student-athlete who only lectures or demonstrates may not receive compensation for his/hertheir appearance; and

(c) A student-athlete with remaining eligibility is not permitted to conduct his or hertheir own event.

13.13 Use of Recruiting Funds.

13.13.2 Visiting a Prospective Student-Athlete. A member institution's athletics department staff member or a representative of its athletics interests may visit a prospective student-athlete or the prospective student-athlete's relatives or guardian(s) at any location for recruiting purposes. However, on any such visit, the staff member or athletics representative may not expend any funds other than the amount necessary for his or hertheir own personal expenses.

13.14 Precollege Expenses.

13.14.1 Prohibited Expenses. An institution or a representative of its athletics interests shall not offer, provide or arrange financial assistance, directly or indirectly, to pay (in whole or in part) the costs of the prospective student-athlete's educational or other expenses for any period before his or hertheir enrollment or so the prospective student-athlete may obtain a postgraduate education. [R]

F.    Bylaws: Amend 14, as follows:

14.01.3.5 Recruitment. Solicitation of a student-athlete's enrollment by the certifying institution or any representative of its athletics interests in violation of the Association's legislation shall render the student-athlete ineligible to represent that institution in intercollegiate athletics. A student-athlete is responsible during his or hertheir recruitment for involvement in a violation of NCAA regulations, and the Committee on Student-Athlete Reinstatement may restore the eligibility of a student involved in such violation only when circumstances clearly warrant restoration. The eligibility of a student-athlete involved in a major violation shall not be restored other than through an exception authorized by the Committee on Student-Athlete Reinstatement in a unique case on the basis of specifically stated reasons (see Bylaw 13).

14.1.8.1.4 Cooperative Educational Exchange Program. A student-athlete may represent the certifying institution in intercollegiate athletics even though at the time of competition the student is enrolled in another institution in a cooperative educational exchange program, provided:

[14.1.8.1.4-(a) unchanged.]

(b) All work is placed on the student's transcript and accepted toward his or hertheir undergraduate degree at the certifying institution.

14.1.8.1.6.4 Cooperative Educational Work Experience Program -- Practice or Competition. A student may represent the certifying institution in intercollegiate athletics while he or she isthey are enrolled in a cooperative educational program (e.g., co-op, internship, practicum, student-teaching) offered by the institution that is a part of the student's academic program, provided the student is considered to be enrolled in a full-time program of studies, regardless of the credit value of the program.

14.1.8.1.6.7 Eligibility After Completion of Degree Requirements. A student-athlete who was eligible during the term in which degree work was completed may continue to practice and compete (through the conclusion of the season) after the final day of that term, only if:

[14.1.8.1.6.7-(a) unchanged.]

(b) The student-athlete completed his or hertheir degree requirements in fewer than four consecutive years from his or hertheir initial collegiate enrollment and has been charged with a season of participation for that year prior to the completion of degree requirements; or

[14.1.8.1.6.7-(c) unchanged.]

14.1.8.1.7.4 U.S. Olympic and Paralympic Committee or National Governing Body -- Practice Only. A student with eligibility remaining who is not enrolled or who is enrolled in less than a minimum full-time program of studies, or a former student-athlete, may participate on a regular basis in organized practice sessions, provided the following conditions are met:

(a) The practice sessions take place at the institution(s) the individual previously attended as an undergraduate, or currently attends or previously attended as a graduate student, except that a former student-athlete who has graduated and has no eligibility remaining may participate in practice sessions at an institution other than the one he or shethey previously attended;

[14.1.8.1.7.4-(b) through 14.1.8.1.7.4-(d) unchanged.]

14.1.9 Graduate Student/Postbaccalaureate Participation. A student who has graduated from an NCAA Division III institution may participate as a graduate or postbaccalaureate student at the Division III institution he or shethey most recently attended as an undergraduate or another Division III institution, provided:

[14.1.9-(a) through 14.1.9-(c) unchanged.]

[14.1.9.1 unchanged.]

14.1.10 Change in Eligibility Status. If a student-athlete's academic eligibility changes at the end of a quarter or semester, the student-athlete shall become eligible or ineligible to compete on the date his or hertheir eligibility officially is certified by the appropriate institutional authority. In a case in which the student becomes eligible at the end of the term, the earliest date on which the student can become eligible to compete is the day after the date of the last scheduled examination listed in the institution's official calendar for the term that is ending. In a case in which the student becomes ineligible, the ineligibility shall become effective not later than the first day of classes of the following semester or quarter. In any case, if the student-athlete is academically eligible to compete at the time of the student-athlete's or the institution's first participation in an NCAA championship, he or shethey shall remain eligible for the remainder of the championship.

14.1.11 Male Practice Player Eligibility. A male student who practices with a women's team is considered to be a student-athlete in that women's sport. The male student-athlete must be certified as eligible under all applicable NCAA eligibility requirements to participate (e.g., the individual must be enrolled in a minimum full-time program of studies, sign a student-athlete statement and drug-testing consent form and have eligibility remaining under the 10-semester rule). The male student-athlete is subject to all other NCAA legislated restrictions. See Bylaw 14.2.4.8 for use of a season of participation and Bylaw 16.8.1.4 for benefits that a male practice player may receive.

14.1.11.1 Limitations on the Involvement of Male Practice Players -- Team Sports. The use of male practice players in a women's team sport is subject to the following limitations:

[14.1.11.1-(a) through 14.1.11.1-(c) unchanged.]

14.2.2 Ten-Semester/15-Quarter Rule. A student-athlete shall complete his or hertheir seasons of participation during the first 10 semesters or 15 quarters in which the student is enrolled in a collegiate institution in at least a minimum full-time program of studies, as determined by the regulations of that institution. For an institution that conducts registration other than on a traditional semester or quarter basis, the Management Council shall determine an equivalent enrollment period.

14.2.2.1 Use of Semester or Quarter. A student-athlete is considered to have used a semester or quarter under this rule when the student attends any class while officially registered in a collegiate institution (domestic or foreign) in a regular term of an academic year for a minimum full-time program of studies, as determined by the institution, even if the student-athlete drops to part-time status at any time during the term, including his or hertheir first day of attendance (see Bylaw 14.2.3).

14.2.2.2 Fraction of 10 Semesters/15 Quarters Remaining. A student-athlete whose combination of semesters and quarters of previous enrollment leaves him or herthem with any fraction of the 10th semester or 15th quarter of eligibility at the beginning of his or hertheir final semester or quarter may remain eligible for the entire semester or quarter.

14.2.2.3 Pregnancy Exception. A member institution may approve a two-semester or three-quarter extension of this 10-semester/15-quarter period of eligibility for a female student-athlete for reasons of pregnancy.

14.2.2.4.1 Waiver Criteria. A waiver of the 10-semester/15-quarter period of eligibility is designed to provide a student-athlete with the opportunity to engage in four seasons of intercollegiate participation within a 10-semester/15-quarter period. This waiver may be granted, based upon objective evidence, for reasons that are beyond the control of the student-athlete and the institution, which deprive the student-athlete of the opportunity to participate for more than one season in his/hertheir sport within the 10-semester/15-quarter period. The Committee on Student-Athlete Reinstatement reserves the right to review requests that do not meet the more-than-one-season criteria detailed in this bylaw for extraordinary circumstances or extreme hardship.

14.2.2.4.1.2 Circumstances Within Control. Circumstances that are considered to be within the control of the student-athlete or the institution and cause a participation opportunity to be used include, but are not limited to, the following:

(a) A student-athlete's decision to attend an institution that does not sponsor his/hertheir sport, or decides not to participate at an institution that does sponsor his/hertheir sport;

[14.2.2.4.1.2-(b) through 14.2.2.4.1.2-(e) unchanged.]

(f) A student-athlete's lack of understanding regarding the specific starting date of his/hertheir 10-semester/15-quarter period of eligibility.

14.2.2.4.2 Practice While Waiver is Pending. A student-athlete, who has exhausted his/hertheir 10-semester/15-quarter period of eligibility, may practice, but not compete, provided the institution has filed a 10-semester/15-quarter extension waiver request with the NCAA national office.

14.2.4.4 Participation in Organized Competition Before Initial Collegiate Enrollment. An individual who does not enroll in a collegiate institution as a full-time student in the regular academic year term that begins immediately after a one-year period (the next opportunity to enroll after the one calendar year period has elapsed) following his hertheir high school graduation date (or the international equivalent as specified in the NCAA Guide to International Academic Standards for Athletics Eligibility) shall use a season of intercollegiate participation for each consecutive 12-month period after the one-year time period and before the initial collegiate enrollment in which the individual participates in activities that meet the criteria set forth in Bylaw 14.2.4.4.2.

14.2.4.4.2 Activities Constituting Use of Season. An individual shall use a season of participation per Bylaw 14.2.4.4 if the individual engages in activities that meet any of the following criteria:

[14.2.4.4.2-(a) unchanged.]

(b) Any individual competition or training in which the individual accepts pay in any form based on his or her their place finish or any competition or training in which the individual accepts pay in any form above actual and necessary expenses;

[14.2.4.4.2-(c) through 14.2.4.4.2-(d) unchanged.]

14.2.4.5 Intercollegiate Participation. A student-athlete is considered to have engaged in a season of intercollegiate participation when he or she competes they compete in an athletics event involving any one of the conditions characterizing intercollegiate participation (per Bylaw 14.02.6 and 14.2.4.1).

14.2.6 Season-of-Participation Waiver -- Participation While Ineligible. In conjunction with a request for restoration of eligibility and any conditions imposed thereon per Bylaw 14.12, a student-athlete may be granted an additional season of participation by the Committee on Student-Athlete Reinstatement when he or shethey engaged in a limited amount of participation as a result of a good-faith, erroneous formal declaration of eligibility by the institution's appropriate certifying authority or a student-athlete's good-faith, erroneous reliance on a coaching staff member's decision to put the student-athlete into participation before the coaching staff member receiving a formal declaration of the student-athlete's eligibility from the institution's appropriate certifying authority. The participation must have occurred under all of the following conditions:

[14.2.6-(a) through 14.2.6-(b) unchanged.]

(c) The student-athlete did not participate in more than two events or 10 percent (whichever number is greater) of the institution's completed or scheduled (not exceeding the maximum limitations in each sport as set forth in Bylaw 17 as set before the first scheduled contest or date of competition) events in his or hertheir sport. All competition (including a scrimmage) against outside participants shall be countable under this limitation in calculating both the number of events in which the student-athlete participated and the number of completed or scheduled events during that season (traditional and nontraditional) in the sport;

[14.2.6-(d) unchanged.]

(e) In the case of a coaching staff member's erroneous decision, the student-athlete had reason to believe he or shethey would be eligible to participate, and the student-athlete did not contribute to the coaching staff member's erroneous decision to allow the student-athlete to participate.

14.5.4.1 Exceptions. A student who transfers to the certifying institution shall be immediately eligible if:

[14.5.4.1-(a) unchanged.]

(b) The student transfers from a two-year college or from a branch school that conducts an intercollegiate athletics program without having been enrolled full time at a four-year collegiate institution and would have been academically and athletically eligible had he or shethey remained at that institution. A student-athlete who has exhausted his or hertheir athletics eligibility at the two-year college may use this transfer exception if the student-athlete was otherwise academically or athletically eligible for competition at the two-year college; or

[14.5.4.1-(c) unchanged.]

(1) The student would have been athletically and academically eligible, at the time of transfer from the previous four-year institution (see Bylaw 14.5.2), had he or shethey remained at the previous four-year institution; or

[14.5.4.1-(c)-(2) unchanged.]

14.5.5.1 General Rule. A transfer student from a four-year institution shall not be eligible for intercollegiate competition until the student has fulfilled an academic year of residence (see Bylaw 14.02.10) at the certifying institution unless the student qualifies for one of the transfer exceptions set forth in Bylaws 14.5.5.1.1, 14.5.5.1.2 or 14.5.5.1.3. A transfer student (other than one under disciplinary suspension per Bylaw 14.5.1.2) may qualify for an exception to the academic year of residence requirement provided he or she doesthey do not have an unfulfilled residence requirement at the institution from which he or she isthey are transferring. (See Bylaw 14.1.12, for student-athletes participating in a recognized foreign exchange/study abroad program).

14.5.5.1.1 Exception. A student who transfers to the certifying institution shall be immediately eligible if:

[14.5.5.1.1-(a) unchanged.]

(b) The student transfers from a four-year collegiate institution and would have been academically and athletically eligible, at the time of transfer to the certifying institution (see Bylaw 14.5.2), had he or shethey remained at the previous institution; or

[14.5.5.1.1-(c) unchanged.]

14.7.1 Outside Competition. A student-athlete becomes ineligible for intercollegiate competition in that sport until eligibility is restored by the Committee on Student-Athlete Reinstatement if, after enrollment in college and during any year in which the student-athlete is a member of an intercollegiate squad or team, he or she competes or has they compete or have competed as a member of any outside team in any noncollegiate, amateur competition (e.g., tournament play, exhibition games or other activity) during the institution's intercollegiate season in the sport (see Bylaw 14.7.3 for exceptions and waivers) unless restored to eligibility before that time by the Committee on Student-Athlete Reinstatement. (See Bylaw 14.1.12, for student-athletes participating in a recognized foreign exchange/study abroad program).

14.7.2.3 Competition between Segments. If an institution conducts separate fall and spring practice or playing segments in a sport, it is permissible for a student-athlete to participate in that sport on an outside team during the period between the two segments without affecting his or hertheir eligibility.

14.7.2.5 Competition as Individual/Not Representing Institution. It is permissible for a student-athlete to participate in outside competition as an individual during the academic year in the student-athlete's sport, as long as the student-athlete represents only himself or herselfthemself in the competition and does not engage in such competition as a member of or receive expenses from an outside team.

14.7.3 Exceptions -- All Sports.

[14.7.3-(a) through 14.7.3-(f) unchanged.]

(g) Triathlons. A student-athlete, other than a triathlon student-athlete, may compete, as an individual or part of a team, in triathlons at any time during the calendar year subject to Bylaw 12 limitations. If a student-athlete competes on a triathlon team, he or shethey must compete in all three legs of the triathlon to satisfy this exception.

14.9.1 Institutional Staff Member - Defined For purposes of Bylaw 14.10, an institutional staff member is any individual, excluding a student employee, who performs work for the institution or the athletics department, regardless of whether he or she receivesthey receive compensation for such work.

14.9.1.1 Student Employee. For purposes of Bylaw 14.10, a student employee is an institutional staff member if:

(a) He or sheThe student has institutional responsibilities to provide academic services to student-athletes; or

(b) He or sheThe student engages in academic misconduct or provides impermissible academic assistance at the direction of a nonstudent employee, an institutional staff member per Bylaw 14.9.1.1-(a) or a representative of the institution's athletics interests.

14.9.4.1 Exception. An institution may establish a policy that permits an expedited investigation and adjudication of academic misconduct by a student-athlete, provided other applicable policies and procedures are observed and the policy for expedited review is approved through the institution's normal process for approving such policies and is approved by the institution's president or chancellor (or his or hertheir designee). Further, the policy that permits an expedited review must be kept on file or must be accessible on the institution's website.

14.10.2.1 Payment of Legal Fees during Appeal. A member institution may provide actual and necessary expenses for a prospective student-athlete to attend proceedings conducted by the institution, its athletics conference or the NCAA that relate to the prospective student-athlete's eligibility to participate in intercollegiate athletics, provided the prospective student-athlete has been accepted for enrollment by the institution and has provided written confirmation of his or hertheir intent to enroll at the institution. The cost of legal representation in such proceedings also may be provided by the institution (or a representative of its athletics interests).

14.10.4.1 Loss of Eligibility. A student-athlete shall be denied eligibility for intercollegiate competition in a sport if he or she participatesthey participate in intercollegiate competition in that sport while ineligible under this bylaw or other applicable NCAA legislation. The certifying institution may appeal to the Committee on Student-Athlete Reinstatement for restoration of the student-athlete's eligibility if it concludes that the circumstances warrant restoration (see Bylaw 14.12).

14.12.3 Student Responsibility, Relationship to Restoration of Eligibility. A student-athlete is responsible for his or hertheir involvement in a secondary or major violation of NCAA regulations (as defined in Bylaws 19.02.2.1 and 19.02.2.2), and the Committee on Student-Athlete Reinstatement may restore the eligibility of a student involved in any violation only when circumstances clearly warrant restoration. The eligibility of a student-athlete involved in a major violation shall not be restored other than through an exception authorized by the Committee on Student-Athlete Reinstatement in a unique case on the basis of specifically stated reasons.

G.    Bylaws: Amend 15, as follows:

15 Financial Aid.

[15.01 through 15.02 unchanged.]

15.1 Maximum Limit on Financial Aid -- Individual. A student-athlete shall not be eligible to participate in intercollegiate athletics if he or she receivesthey receive financial aid that exceeds the value of cost of attendance as defined in Bylaw 15.02.3 (see Bylaw 15.01.7).

[15.1.1 through 15.1.2 unchanged.]

[15.2 through 15.4 unchanged.]

H.    Bylaws: Amend 16, as follows:

16 Awards, Benefits and Expenses for Enrolled Student-Athletes.

[16.01 unchanged.]

16.01.1 Exception for Benefits Available to Other Students. The receipt of a benefit by a student-athlete or his or hertheir relatives or friends that is not authorized by NCAA legislation is not a violation if it is demonstrated that the same benefit generally is available to the institution's students, their relatives or friends or to a particular segment of the student body determined on a basis unrelated to athletics ability.

[16.01.2 unchanged.]

16.01.3 Eligibility Ramifications -- Restitution for Receipt of Improper Benefits. Unless otherwise noted, for violations of all Bylaw 16 provisions in which the value of the benefit is $200 or less, the eligibility of the student-athlete shall not be affected conditioned on the student-athlete repaying the value of the benefit to a charity of his or hertheir choice. The student-athlete, however, shall remain ineligible from the time the institution has knowledge of the receipt of the impermissible benefit until the individual repays the benefit. Violations of these bylaws remain institutional violations per Constitution 2.8.1, and documentation of the individual'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.

[16.01.4 unchanged.]

[16.02 through 16.1 unchanged.]

16.1.1.1 Awards Received for Participation While Representing the Institution. The awards limitations of Bylaw 16.1 apply to awards received by a student-athlete for participation in competition while representing his or hertheir institution. [R]

[16.1.1.2 unchanged.]

16.1.1.2.1 Exception -- Individual Sports -- Prize Money Outside the Playing Season During the Institution's Official Summer Vacation Period. In individual sports, a student-athlete may accept prize money that does not exceed his or hertheir actual and necessary expenses, pursuant to Bylaw 12.1.5.1-(b).

[16.1.1.2.2 unchanged.]

[16.1.1.3 unchanged.]

[16.1.2 through 16.1.4 unchanged.]

16.1.4.3.1 Conference Postgraduate Scholarship Award. A student-athlete may receive a conference postgraduate scholarship award, provided the following conditions are met:

[16.1.4.3.1-(a) through 16.1.4.3.1-(b) unchanged.]

(c) The student-athlete shall have exhausted eligibility in his or hertheir sport and forfeits eligibility in all other sports upon acceptance of the award;

(d) The conference may provide the award to one individual in a male sport and one individual in a female sport recipient per year;

[16.1.4.3.1-(e) through 16.1.4.3.1-(h) unchanged.]

[16.1.4.4 unchanged.]

[16.1.5 through 16.1.7 unchanged.]

[16.2 unchanged.]

16.2.2.1 Sale of Complimentary Admissions. A student-athlete may not receive payment from any source for his or hertheir complimentary admissions and may not exchange or assign them for any item of value.

[16.2.2.2 through 16.2.2.5 unchanged.]

16.3 Academic and Other Support Services.

16.3.1 Academic-Based Programming and Services. An institution may finance and provide academic-based programming and services for student-athletes, provided similar services are provided or are generally available to the institution's students or to any particular segment of the student body determined on a basis unrelated to athletics ability. [R]

[16.3.2 through 16.3.4 unchanged.]

[16.4 through 16.6 unchanged.]

16.6.1.2 Relative or Individual of a Comparable Relationship to Established Regional, National or International Awards Banquet. An institution or an outside organization (other than a professional sports organization) may provide actual and necessary expenses for the student-athlete and the student-athlete's relatives or individuals of a comparable relationship to attend a banquet where the student-athlete receives an established regional, national or international award (permitted by NCAA legislation) for his or hertheir accomplishments as a student-athlete (see Bylaw 16.1.7). [R]

[16.6.1.3 through 16.6.1.6 unchanged.]

[16.6.2 unchanged.]

[16.7 through 16.11 unchanged.]

16.11.1.1 Deferred Pay-Back Loan. A student-athlete may receive a loan on a deferred pay-back basis without jeopardizing his or hertheir eligibility, provided: [R]

[16.11.1.1-(a) through 16.11.1.1-(b) unchanged.]

16.11.1.2 Loan from Established Family Friend. A student-athlete may receive a loan from an established family friend without such arrangement constituting an extra benefit, provided: [R]

(a) The loan is not offered to the student-athlete based in any degree on his or hertheir athletics ability or reputation;

[16.11.1.2-(b) through 16.11.1.2-(c) unchanged.]

16.11.1.3 Disabling-Injury Insurance. A student-athlete may borrow against his or hertheir future earnings potential from an established, accredited commercial lending institution, exclusively for the purpose of purchasing insurance (with no cash surrender value) against a disabling injury that would prevent the individual from pursuing his or hertheir chosen career, provided a third party (including a member institution's athletics department staff members or representatives of its athletics interests) is not involved in arrangements for securing the loan. The student-athlete shall report any such transactions to the member institution and shall file copies of any loan documents associated with disability insurance and insurance policy with the member institution, regardless of the source of the collateral for the loan. The student-athlete also shall file copies of the insurance policy with the member institution, regardless of whether a loan is secured to purchase the insurance policy. [R]

[16.11.1.4 through 16.11.1.6 unchanged.]

16.11.1.7 Nonathletics Apparel Provided by the Institution. An institution may provide a student-athlete with one shirt (e.g., polo or oxford style) bearing the institution's logo each academic year, to be used for team travel or other events at which the student-athlete is representing the institution. The shirt may bear the manufacturer's or distributor's normal trademark or logo not to exceed 2 1/4 square inches in area, including any additional material surrounding the normal trademark or logo. Further, an institution may issue other nonathletics apparel to student-athletes for team travel or other events in which he or she is representingthey represent the institution on an issuance and retrieval basis. [R]

[16.11.1.8 through 16.11.1.15 unchanged.]

[16.12 unchanged.]

Figure 16-3 Special Achievement Awards

I.    Bylaws: Amend 17, as follows:

17 Playing and Practice Seasons.

[17.01 through 17.02 unchanged.]

17.02.1.1.1.2 Fundraising activities as follows:

(a) Voluntary fundraising and community service activities not involving the use of athletics ability by student-athletes to obtain funds provided the activities receive approval from the institution's chancellor or president (or his or hertheir designee) before the activity (see Bylaw 12.5.1.1 for restrictions on promotional activities).

(b) Voluntary out-of-season fundraising events involving the use of athletics ability by student-athletes (either to obtain funds or to participate in the activity), provided participation in the event is open to any and all entrants and student-athletes receive prior approval from the institution's chancellor or president (or his or hertheir designee) before participating in the activity (see Bylaw 12.5.1.1 for restrictions on promotional activities).

[17.02.1.1.1.3 through 17.02.1.1.1.4 unchanged.]

17.02.1.1.1.4.1 Strength and Conditioning Facilities.

[17.02.1.1.1.4.1-(a) through 17.02.1.1.1.4.1-(b) unchanged.]

(c) A certified strength and conditioning coach may only reserve an athletic facility for voluntary workouts that he or shethey will conduct.

[17.02.1.1.1.5 unchanged.]

[17.02.2 through 17.02.13 unchanged.]

17.02.14 Voluntary Athletically Related Activities. In order for any athletically related activity to be considered "voluntary," all of the following conditions must be met:

(a) The student-athlete must not be required to report back to any of his or hertheir sport-specific coaches any information related to the activity. In addition, no athletics department staff member who observes, monitors or conducts the activity (e.g., strength coach, trainer, manager) may report back to the student-athlete's coach any information related to the activity;

[17.02.14-(b) through 17.02.14-(c) unchanged.]

(d) The student-athlete may not be subjected to penalty if he or she electsthey elect not to participate in the activity. In addition, neither the institution nor any athletics department staff member may provide recognition or incentives (e.g., awards) to a student-athlete based on his or hertheir attendance or performance in the activity.

[17.1 through 17.31 unchanged.]

17.31.1.5 Eligibility of Student-Athletes. The eligibility of student-athletes on the tour shall be governed by the following (see Bylaw 14.2.4.7):

(a) If the tour takes place during the summer, the student-athletes shall have been eligible for intercollegiate competition during the previous academic year or shall have been enrolled at the institution as a full-time student during the previous academic year and have established by the beginning of the tour that he or she isthey are eligible for competition the academic year immediately after the tour; or

[17.31.1.5-(b) unchanged.]

17.31.1.5.1 Incoming-Student Participation. It is permissible for an eligible incoming student-athlete to represent the institution only on a foreign tour that begins after the permissible starting practice date in the sport involved or after the first day of classes of his or hertheir first regular term at the institution.

17.31.1.5.1.1 Practice Session Participation. It is permissible for an eligible incoming student-athlete to participate in practice sessions conducted in preparation for a foreign tour only if the foreign-tour practice sessions begin after the permissible starting practice date in the involved sport or after the first day of classes of his or hertheir first regular term at the institution.

[17.31.1.6 through 17.31.1.9 unchanged.]

[17.31.2 unchanged.]

[17.32 unchanged.]

J.    Bylaws: Amend 18, as follows:

18.4.1.4 Amateur-Status Certification. If requested by the Championships Committee, the student-athlete shall certify his or hertheir amateur standing under the provisions of Bylaw 12 by signing an affidavit that is administered by the chair of the games committee and taken on a form prescribed by the Championships Committee.

18.4.1.5.1 Penalty -- Banned Drug Classes Other Than Cannabinoids and Narcotics. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in a banned drug class other than cannabinoids and narcotics (in accordance with the testing methods authorized by the Board of Governors), shall be charged with the loss of one season of participation in all sports, in addition to the use of a season of participation, pursuant to Bylaw 14.2.4.1, during the same academic year. The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the collection of the student-athlete's positive drug-test specimen and until he or she teststhey test negative (in accordance with the testing methods authorized by the Board of Governors).

18.4.1.5.1.1 Second Positive Test. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids and narcotics tests positive a second time for the use of a substance in a banned drug class other than cannabinoids and narcotics, he or shethey shall lose all remaining regular-season and postseason eligibility in all sports. If a student-athlete who previously tested positive for the use of a substance in a banned drug class other than cannabinoids and narcotics tests positive for the use of a substance in the banned drug classes cannabinoids or narcotics, he or shethey shall be ineligible for competition for 50 percent of a season in all sports (i.e., 50 percent of the Bylaw 17 maximum regular-season contests or dates of competition). The student-athlete shall remain ineligible from the time the institution is notified of the test result until the prescribed penalty is fulfilled and he or she teststhey test negative (in accordance with the testing methods authorized by the Board of Governors).

18.4.1.5.2 Penalty -- Cannabinoids or Narcotics. A student-athlete who, as a result of a drug test administered by the NCAA, tests positive for use of a substance in the banned drug classes cannabinoids or narcotics (in accordance with the testing methods authorized by the Board of Governors) shall be ineligible for competition during 50 percent of a season in all sports (i.e., 50 percent of the Bylaw 17 maximum regular-season contests or dates of competition). The student-athlete shall remain ineligible from the time the institution is notified of the test result until the prescribed penalty is fulfilled and he or she teststhey test negative (in accordance with the testing methods authorized by the Board of Governors).

18.4.1.5.2.1 Second Positive Test. If a student-athlete who previously tested positive for the use of a substance in the banned drug classes cannabinoids or narcotics tests positive a second time for the use of a substance in the banned drug classes cannabinoids or narcotics, he or shethey shall be charged with the loss of one additional season of participation in all sports, in addition to the use of a season of participation, pursuant to Bylaw 14.2.4.1, during the same academic year. The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the collection of his or hertheir second positive drug-test specimen or until the period of ineligibility for any prior positive drug tests has expired, whichever occurs later. If a student-athlete who previously tested positive for the use of a substance in the banned drug classes cannabinoids or narcotics tests positive for use of a substance in a banned drug class other than cannabinoids and narcotics, he or shethey shall be ineligible for one season of participation in all sports, in addition to the use of a season of participation, pursuant to Bylaw 14.2.4.1, during the same academic year. The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the collection of the student-athlete's positive drug test specimen and until he or she teststhey test negative (in accordance with the testing methods authorized by the Board of Governors).

18.4.1.5.3.1 Tampering With a Drug-Test Sample. A student-athlete who is involved in a case of clearly observed tampering with an NCAA drug test sample (e.g., urine substitution and related methods), as documented per NCAA drug-testing protocol by a drug-testing crew member, shall be charged with the loss of two seasons of participation in all sports if the season of competition has not yet begun for that student-athlete or the equivalent of two full seasons of participation in all sports if the student-athlete is involved in tampering with a drug-test sample during his or hertheir season of participation (the remainder of contests in the current season and contests in the following two seasons up to the period of time in the initial season in which the student-athlete was declared ineligible). The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending two calendar years (i.e., 730 days) after the student-athlete was involved in the tampering with a drug test sample and until he or she teststhey test negative (in accordance with the testing methods authorized by the Board of Governors.

18.4.1.5.5 Appeals. An institution may appeal a drug-test penalty to the Committee on Competitive Safeguards and Medical Aspects of Sports (or a designated subcommittee). The committee may reduce the legislated penalty to withholding the student-athlete from the next 50 percent of the season of competition or provide complete relief from the legislated penalty. If the committee requires the student-athlete to fulfill the legislated penalty, or be withheld from the next 50 percent of the season of competition in all sports, the student-athlete shall remain ineligible until the prescribed penalty is fulfilled and he or she teststhey test negative (in accordance with the testing methods authorized by the Board of Governors).

18.4.1.5.7 Non-NCAA Athletics Organization's Positive Drug Test. The Board of Governors shall authorize methods for drug testing any student-athlete who has disclosed in the student-athlete statement (see Bylaw 14.1.3.1) that he or she hasthey have a positive drug test administered by a non-NCAA athletics organization that has adopted the World Anti-Doping Agency (WADA) code. A student-athlete under drug-testing suspension from a national or international sports governing body that has adopted the WADA code shall not participate in NCAA intercollegiate competition for the duration of the suspension.

K.    Bylaws: Amend 19, as follows:

19 Infractions Program.

[19.01 through 19.02 unchanged.]

19.1 Committee on Infractions. The Management Council shall appoint a Committee on Infractions, which shall be responsible for administration of the NCAA infractions program.

[19.1.1 through 19.1.2 unchanged.]

19.1.2.1 Authority of Vice President of Enforcement. On review of information developed by the enforcement staff or self-reported by the member institution, the vice president of enforcement, or his/hertheir designee, shall identify the case as involving alleged major or secondary violations, or multiple secondary violations that should be viewed as a major violation. Disciplinary or corrective actions in the case of secondary violations may be effected by the vice president of enforcement or his/hertheir designee. Said actions shall be taken in accordance with the provisions of the enforcement policies and procedures and shall be subject to review by the Committee on Infractions.

[19.1.2.2 through 19.1.2.3 unchanged.]

[19.1.3 unchanged.]

[19.2 through 19.4 unchanged.]

19.4.2 For Secondary Violations. A member under investigation for secondary violations shall be given the following:

[19.4.2-(a) unchanged.]

(b) An opportunity to provide a written response to the vice president of enforcement or his/hertheir designee (or to appear before the Committee on Infractions on appeal) to answer such allegations by the production of factual information (see Bylaw 19.6).

[19.4.3 unchanged.]

[19.5 unchanged.]

19.5.1 Penalties for Secondary Violations. The vice president of enforcement or his/hertheir designee, on approval by the chair or another member of the Committee on Infractions designated by the chair, or the committee may determine that no penalty is warranted in a secondary case, that an institutional- or conference-determined penalty is satisfactory or, if appropriate, prescribe a penalty. The disciplinary measures may include but are not limited to:

[19.5.1-(a) through 19.5.1-(f) unchanged.]

(g) Public reprimand (to be invoked only in situations in which the Committee on Infractions or the vice president of enforcement or his/hertheir designee, on approval by the committee, determines that a penalty, in addition to any institutional- or conference-determined penalty, is warranted);

[19.5.1-(h) through 19.5.1-(i) unchanged.]

19.5.2 Penalties, Disciplinary Measures and Corrective Actions for Major Violations. The Committee on Infractions has the authority to determine the penalties, disciplinary measures and corrective actions that are prescribed for an institution for major violations. The Infractions Appeals Committee shall hear and act on an institution's appeal per Bylaw 19.2. The committee(s) may consider institutional- or conference-imposed penalties and, where appropriate, include those in the penalties. Institutional- or conference-imposed penalties shall not displace or substitute for the committee's judgment regarding penalties. Penalties, disciplinary measures and corrective actions for major violations shall include those penalties, disciplinary measures and corrective actions prescribed for secondary violations and may include any and all of the following:

[19.5.2-(a) through 19.5.2-(d) unchanged.]

(e) Pursuant to Bylaw 14.13.1.2-(c), a recommendation to the Management Council that it waive the one-year residence requirement and permit full athletics participation in a sport for a student-athlete who transfers to another member institution when the Committee on Infractions renders the student-athlete's previous institution's team in that sport ineligible for postseason competition during all of the remaining seasons of the student-athlete's eligibility. No student-athlete will be allowed such a waiver unless the student-athlete would have been eligible for participation had he or shethey remained at the previous institution.

[19.5.2-(f) through 19.5.2-(s) unchanged.]

[19.5.2.1 through 19.5.2.8 unchanged.]

[19.6 unchanged.]

19.6.1 Appeal of Secondary Violations. A member institution or involved individual subject to a show-cause shall have the right to appeal to the Committee on Infractions penalties prescribed by the vice president of enforcement or his or hertheir designee in reference to secondary violations. To appeal, the member institution must submit a notice of appeal through the online reporting system for secondary violations within 15 days after receipt of the enforcement staff’s decision. An institution that self-reports a violation may appeal a penalty prescribed by the enforcement staff, but not the violation. An involved individual subject to a show cause order must submit a written notice of appeal to the vice president of enforcement or his or hertheir designee with 15 days after receipt of the enforcement staff's decision. An institution or involved individual subject to a show-cause order may request the opportunity to appear in person or by video or telephone conference. If no such request is made, or if the request is denied, the Committee on Infractions will review the institution’s appeal on the basis of the written record. The committee shall not deny an involved individual's request to appear in person if a show-cause order was prescribed.

[19.6.1.1 unchanged.]

[19.6.2 through 19.6.4 unchanged.]

[19.7 unchanged.]

L.    Bylaws: Amend 21, as follows:

21 Committees.

[21.02 through 21.2 unchanged.]

21.2.2.1 Composition. The Committee on Competitive Safeguards and Medical Aspects of Sports shall consist of 23 members, including six positions allocated for men, six allocated for women and 10 unallocated. The membership of the committee shall be constituted as follows:

[21.2.2.1-(a) through 21.2.2.1-(k) unchanged.]

(l) One student-athlete from each division (who shall have one combined vote) shall serve as a member of the committee. Each student-athlete may serve on the committee up to one year after completion of his or hertheir intercollegiate athletics eligibility;

[21.2.2.1-(m) through 21.2.2.1-(q) unchanged.]

[21.2.2.2 unchanged.]

21.2.2.3 Term of Office, Chair. The chair may remain on the committee for up to one additional year if the individual becomes the committee chair with only one year or less remaining on his or hertheir four-year term.

[21.2.3 through 21.2.4 unchanged.]

21.2.4.1 Composition. The Minority Opportunities and Interests Committee shall consist of 18 members, including one current chancellor or president from each division. There shall be six members from Division I, six members from Division II and six members from Division III. One student-athlete from each division (who shall have one vote each) shall serve as a member of the committee. Each student-athlete may serve on the committee up to one year after completion of his or hertheir intercollegiate athletics eligibility. Committee membership shall include a minimum of eight ethnic minorities, including at least four males and four females.

[21.2.4.2 unchanged.]

[21.2.5 unchanged.]

21.2.5.1 Composition. The Olympic Sports Liaison Committee shall consist of 14 members, including at least one from each division. One student-athlete from each division (who shall have one vote each) shall serve as a member of the committee. Each student-athlete may serve on the committee up to one year after completion of his or hertheir intercollegiate athletics eligibility.

[21.2.5.2 unchanged.]

[21.2.6 through 21.2.8 unchanged.]

21.2.8.1 Composition. The Committee on Sportsmanship and Ethical Conduct shall consist of 11 members. One student-athlete from each division (who shall have one vote each) shall serve as a member of the committee. Each student-athlete may serve on the committee up to one year after completion of his or hertheir intercollegiate athletics eligibility.

[21.2.8.2 unchanged.]

[21.2.9 through 21.2.10 unchanged.]

21.2.10.1 Composition. The Committee on Women's Athletics shall consist of 18 members, including one current chancellor or president from each division. There shall be six members from Division I, six members from Division II and six members from Division III. Six positions shall be allocated for men, six allocated for women and six unallocated. One student-athlete from each division (who shall have one vote each) shall serve as a member of the committee. Each student-athlete may serve on the committee up to one year after completion of his or hertheir intercollegiate athletics eligibility.

[21.2.10.2 unchanged.]

[21.3 through 21.9 unchanged.]

21.9.2.5 Management Council Representation. All general committees (per Bylaw 21.9.5) shall include at least one Management Council member. In addition, at least one of the Division III representatives on general committees functioning in an Association-wide capacity shall be a member of the Management Council. Management Council members will serve as a liaison for each committee to the Management Council. Unless otherwise specified, Management Council members will serve as voting members of such committees. Management Council members serving on Division III general committees shall be excluded from the total composition requirements of the respective committee. A Management Council member's term of service shall commence in January after adjournment of the annual Convention and shall be concurrent with his or hertheir remaining term of service on the Management Council. A Management Council member must terminate service on such a committee at the expiration of the member's term on the Management Council.

[21.9.3 through 21.9.5 unchanged.]

21.9.5.10.2 Term of Office. A student-athlete member shall not serve more than three years on the committee and may not be reappointed for another term. Student-athletes may serve on the committee and/or on an Association-wide committee up to one year after completion of their intercollegiate athletics eligibility. A member shall commence service on the first day following the member's election. When a student-athlete member leaves the committee, the student-athlete shall be replaced by a student-athlete from his or hertheir partner conference, who may serve up to three years on the committee.

[21.9.5.10.2.1 unchanged.]

[21.9.5.10.3 through 21.9.5.10.4 unchanged.]

[21.9.6 unchanged.]

M.    Administrative: Amend 31, as follows:

31 Executive Regulations.

[31.01 through 31.1 unchanged.]

31.1.8.2 Misconduct Incidental to Competition. If the act of misconduct occurs during the competition, under normal circumstances, the individual shall be allowed to complete the competition in which he or she isthey are participating at the time of the incident. An administrative hearing shall be held at the conclusion of the day's competition, during a break in the continuity of the championship (e.g., between rounds of a basketball tournament) when no competition is being conducted or at the conclusion of the championship. However, if the act of misconduct is so flagrant that it obviously violates the principles of fair play and sportsmanship, the games committee may immediately withdraw the student-athlete or institutional representative from the competition and conduct the hearing after this action. Other acts of misconduct should be dealt with in a timely manner by the governing sports committee.

[31.1.8.3 through 31.1.8.5 unchanged.]

[31.1.9 through 31.1.12 unchanged.]

[31.2 unchanged.]

31.2.3.1.1 Drugs and Procedures Subject to Restrictions. The use of the following drugs and/or procedures is subject to certain restrictions and may or may not be permissible, depending on limitations expressed in these guidelines and/or quantities of these substances used:

[31.2.3.1.1-(a) through 31.2.3.1.1-(c) unchanged.]

[31.2.3.1.1-(c)-(1) through 31.2.3.1.1-(c)-(2) unchanged.]

(3) That use is medically justified only when permitting the student-athlete to continue the competition without potential risk to his or hertheir health.

[31.2.3.1.1-(d) through 31.2.3.1.1-(f) unchanged.]

[31.2.3.1.2 unchanged.]

[31.2.3.2 through 31.2.3.4 unchanged.]

31.2.3.5 Individual Eligibility -- Team Sanctions. Executive regulations pertaining to team-eligibility sanctions for positive tests resulting from the NCAA drug-testing program shall apply only in the following situation: If a student-athlete is declared ineligible before an NCAA team championship or a postseason football game and the institution knowingly allows him or herthem to participate, all team-ineligibility sanctions shall apply (i.e., the team shall be required to forfeit its awards and any revenue distribution it may have earned, and the team's and student-athlete's performances shall be deleted from NCAA records). In the case of postseason football contests, the team's and student-athlete's performances shall be deleted from NCAA records.

[31.3 through 31.9 unchanged.]

N.    Administrative: Amend 32, as follows:

32 Enforcement Policies and Procedures.

[32.1 unchanged.]

32.1.2 Conflict of Interest. A member of the Committee on Infractions or the Infractions Appeals Committee shall neither appear at the hearing or oral argument, nor participate on the committee, when the member is directly connected with an institution under investigation or has a personal, professional or institutional affiliation that reasonably would result in the appearance of prejudice. It is the responsibility of the committee member or members of the Infractions Appeals Committee to remove himself or herselfthemselves if a conflict exists. Objections to the participation of a committee member or an Infractions Appeals Committee member, should be raised as soon as recognized, but will not be considered unless raised at least one week in advance of the affected hearing or oral argument.

[32.1.3 through 32.1.4 unchanged.]

[32.2 through 32.3 unchanged.]

32.3.4.1 Presence of Institutional Representative During Interview. If an interview with an enrolled student-athlete or athletics department staff member is conducted on the campus of a member institution, an institutional representative(s) (as designated by the institution) will be permitted to be present during the interview, provided the subject matter to be discussed in the interview relates directly to the individual's institution or could affect the individual's eligibility or employment at the institution. If the investigator wishes to discuss information with a student-athlete or staff member that is related solely to institutions other than the one in which the student-athlete is enrolled or staff member is employed and would not reasonably affect the student's eligibility or the staff member's employment, the institutional representative shall not be present during that portion of the interview. In such a situation (after the institutional representative has departed), any information inadvertently reported by the student-athlete or the staff member that is related to his or hertheir own institution shall not be used against the student-athlete, staff member or that institution.

[32.3.4.2 unchanged.]

[32.3.5 through 32.3.9 unchanged.]

32.3.9.2 Non-Recorded Interviews. When an interview is not recorded or if the recording device malfunctions, the enforcement staff shall prepare a written summary of the information and attempt to obtain a signed affirmation of its accuracy from the interviewee. The interviewee shall be permitted to make additions or corrections to the memorandum before affirming its accuracy. In order to obtain the interviewee's signature, the enforcement staff may provide a copy of the unsigned summary to the interviewee and his or hertheir counsel. After the summary is signed, the interviewee and his or hertheir counsel may receive a signed copy. Testimony as to the substance of an unrecorded interview for which a signed affirmation was not obtained may nevertheless be considered by the Committee on Infractions to the extent the committee determines the testimony to be reliable.

[32.3.9.2.1 unchanged.]

[32.3.9.3 unchanged.]

[32.3.10 through 32.3.12 unchanged.]

[32.4 unchanged.]

32.4.3 Appeal of Secondary Violations. A member institution or involved individual may appeal to the Committee on Infractions penalties prescribed by the enforcement staff for a secondary violation by submitting a notice of appeal through the online reporting system for secondary violations within 15 days after receipt of the enforcement staff’s decision. An institution that self-reports a violation may appeal a penalty prescribed by the enforcement staff, but not the violation. An involved individual subject to a show cause order must submit a written notice of appeal to the vice president of enforcement or his or hertheir designee within 15 days after receipt of the enforcement staff's decision. An institution or an involved individual subject to a show-cause order may request the opportunity to appear in person or by video or telephone conference. If no such request is made, or if the request is denied, the committee will review the institution’s appeal on the basis of the written record. The committee shall not deny an involved individual’s request to appear in person if a show-cause order was prescribed.

[32.4.3.1 unchanged.]

[32.5 unchanged.]

32.5.1 Notice to Institution. Before the enforcement staff conducts an inquiry on an institution's campus, the enforcement staff shall notify the institution's president or chancellor (or his or hertheir designee) of the inquiry, either orally or in writing. This notice shall toll the statute of limitations pursuant to Bylaw 32.6.3. The institution shall be informed of its obligation to cooperate pursuant to Bylaw 32.1.3 and of the confidential nature of the inquiry pursuant to Bylaw 32.1.1. The institution shall be notified that if the inquiry develops significant information of a possible major violation, a notice of allegations will be produced in accordance with the provisions of Bylaw 32.6, or, in the alternative, the institution will be notified that the matter has been concluded.

[32.5.1.1 unchanged.]

[32.5.2 unchanged.]

[32.6 unchanged.]

32.6.9 Prehearing Procedural Issues. The chair of the Committee on Infractions (or his or hertheir designee) has the authority to resolve procedural matters that arise before a hearing.

[32.7 unchanged.]

32.7.1 Summary Disposition Election. In major infractions cases, institutions, involved individuals, and the enforcement staff may elect to process the case through the summary disposition procedures specified below. The enforcement staff, involved individuals, if participating, and the institution must agree to use the summary disposition process. The institution, involved individuals or the enforcement staff may require, as a condition of agreement, that the parties jointly submit the proposed findings to the chair of the Committee of Infractions or his or hertheir designee for a preliminary assessment of the appropriateness of the use of the summary disposition process.

[32.7.1.1 through 32.7.1.4 unchanged.]

[32.8 through 32.10 unchanged.]

32.10.1.2 Appeal by Involved Individual. An involved individual may appeal the Committee on Infractions' findings of fact, conclusions and/or a show-cause order prescribed for violations in which he or she isthey are named. An involved individual may not request an in-person oral argument before the Infractions Appeals Committee unless the involved individual has made an in-person appearance before the Committee on Infractions. The notice of the appeal must state whether the individual is employed at an NCAA institution (regardless of division). Further, if the individual's employment changes during the course of the appellate process (from the time of the submission of the notice of appeal through the release of the final Infractions Appeals Committee report), the individual must notify the Infractions Appeals Committee of the change, including the identity of the new employer.

[32.10.2 through 32.10.6 unchanged.]

[32.11 unchanged.]

Alternate Co-sponsorship Minimums:
  No

Co-sponsorship - Conference:
  None

Co-sponsorship - Institution:
  None

Additional Information:

Consistent with the NCAA’s commitment to diversity and inclusion, this editorial revision incorporates gender-inclusive language throughout the NCAA manual. This change was supported by the NCAA Minority Interests and Opportunities Committee.

Convention Vote:
  No Convention Record

Legislative References

Division Number Title
III 3.2.4 Conditions and Obligations of Membership.
III 3.2.4.16 Convention and Regional Rules Seminar Attendance.
III 4.4 Presidents Council.
III 4.4.2 Duties and Responsibilities.
III 10.1 Unethical Conduct.
III 11.1.4 Representing Individuals in Marketing Athletics Ability/Reputation.
III 11.1.4.1 Exception -- Head Coach.
III 11.4 Employment of High School, Preparatory School or Two-Year College Coaches.
III 11.4.2 High School, Preparatory or Two-Year College Coach.
III 13.01 General Principles.
III 13.01.6 Eligibility Effects of Recruiting Violation.
III 13.02 Definitions and Applications.
III 13.02.3 Contact.
III 13.02.5 Student-Athlete.
III 13.02.5.1 Permissible Recruitment Activities for Enrolled Student-Athletes.
III 13.02.11 Electronic Transmissions.
III 13.1 Contacts and Evaluations.
III 13.1.1.1 High School Prospective Student-Athletes.
III 13.1.1.1.1 Contact by Coach Employed in Admissions Office.
III 13.1.1.2.1 Self-Release.
III 13.1.1.2.2 Hearing Opportunity.
III 13.1.2 Permissible Recruiters.
III 13.1.2.1.1 Employment Prohibition.
III 13.5.2 Transportation on Official Paid Visit.
III 13.5.2.1 General Regulations.
III 13.5.2.2.2 Coach Accompanying Prospective Student-Athlete.
III 13.5.2.5 To/From Site of Competition.
III 13.5.2.6 From Educational Institution.
III 13.7 Unofficial Visit.
III 13.7.1 Number Permitted.
III 13.11.4 Employment at Competition Events, Sports Camps and Clinics and Other Events.
III 13.11.4.2 Student-Athlete Employment.
III 13.13 Use of Recruiting Funds.
III 13.13.2 Visiting a Prospective Student-Athlete.
III 13.14 Precollege Expenses.
III 13.14.1 Prohibited Expenses.
III 14.01.3.5 Recruitment.
III 14.1.8.1.4 Cooperative Educational Exchange Program.
III 14.1.8.1.6.4 Cooperative Educational Work Experience Program -- Practice or Competition.
III 14.1.8.1.6.7 Eligibility After Completion of Degree Requirements.
III 14.1.8.1.7.4 U.S. Olympic and Paralympic Committee or National Governing Body -- Practice Only.
III 14.1.9 Graduate Student/Postbaccalaureate Participation.
III 14.1.10 Change in Eligibility Status.
III 14.1.11 Male Practice Player Eligibility.
III 14.1.11.1 Limitations on the Involvement of Male Practice Players -- Team Sports.
III 14.2.2 Ten-Semester/15-Quarter Rule.
III 14.2.2.1 Use of Semester or Quarter.
III 14.2.2.2 Fraction of 10 Semesters/15 Quarters Remaining.
III 14.2.2.3 Pregnancy Exception.
III 14.2.2.4.1 Waiver Criteria.
III 14.2.2.4.1.2 Circumstances Within Control.
III 14.2.2.4.2 Practice While Waiver is Pending.
III 14.2.4.4 Participation in Organized Competition Before Initial Collegiate Enrollment.
III 14.2.4.4.2 Activities Constituting Use of Season.
III 14.2.4.5 Intercollegiate Participation.
III 14.2.6 Season-of-Participation Waiver -- Participation While Ineligible.
III 14.5.4.1 Exceptions.
III 14.5.5.1 General Rule.
III 14.5.5.1.1 Exception.
III 14.7.1 Outside Competition.
III 14.7.2.3 Competition between Segments.
III 14.7.2.5 Competition as Individual/Not Representing Institution.
III 14.7.3 Exceptions -- All Sports.
III 14.9.1 Institutional Staff Member - Defined
III 14.9.1.1 Student Employee.
III 14.9.4.1 Exception.
III 14.10.2.1 Payment of Legal Fees during Appeal.
III 14.10.4.1 Loss of Eligibility.
III 14.12.3 Student Responsibility, Relationship to Restoration of Eligibility.
III 15 Financial Aid.
III 15.1 Maximum Limit on Financial Aid -- Individual.
III 16 Awards, Benefits and Expenses for Enrolled Student-Athletes.
III 16.01.1 Exception for Benefits Available to Other Students.
III 16.01.3 Eligibility Ramifications -- Restitution for Receipt of Improper Benefits.
III 16.1.1.1 Awards Received for Participation While Representing the Institution.
III 16.1.1.2.1 Exception -- Individual Sports -- Prize Money Outside the Playing Season During the Institution's Official Summer Vacation Period.
III 16.1.4.3.1 Conference Postgraduate Scholarship Award.
III 16.2.2.1 Sale of Complimentary Admissions.
III 16.3 Academic and Other Support Services.
III 16.3.1 Academic-Based Programming and Services.
III 16.6.1.2 Relative or Individual of a Comparable Relationship to Established Regional, National or International Awards Banquet.
III 16.11.1.1 Deferred Pay-Back Loan.
III 16.11.1.2 Loan from Established Family Friend.
III 16.11.1.3 Disabling-Injury Insurance.
III 16.11.1.7 Nonathletics Apparel Provided by the Institution.
III Figure 16-3 Special Achievement Awards
III 17 Playing and Practice Seasons.
III 17.02.1.1.1.2 Fundraising activities as follows:
III 17.02.1.1.1.4.1 Strength and Conditioning Facilities.
III 17.02.14 Voluntary Athletically Related Activities.
III 17.31.1.5 Eligibility of Student-Athletes.
III 17.31.1.5.1 Incoming-Student Participation.
III 17.31.1.5.1.1 Practice Session Participation.
III 18.4.1.4 Amateur-Status Certification.
III 18.4.1.5.1 Penalty -- Banned Drug Classes Other Than Cannabinoids and Narcotics.
III 18.4.1.5.1.1 Second Positive Test.
III 18.4.1.5.2 Penalty -- Cannabinoids or Narcotics.
III 18.4.1.5.2.1 Second Positive Test.
III 18.4.1.5.3.1 Tampering With a Drug-Test Sample.
III 18.4.1.5.5 Appeals.
III 18.4.1.5.7 Non-NCAA Athletics Organization's Positive Drug Test.
III 19 Infractions Program.
III 19.1 Committee on Infractions.
III 19.1.2.1 Authority of Vice President of Enforcement.
III 19.4.2 For Secondary Violations.
III 19.5.1 Penalties for Secondary Violations.
III 19.5.2 Penalties, Disciplinary Measures and Corrective Actions for Major Violations.
III 19.6.1 Appeal of Secondary Violations.
III 21 Committees
III 21.2.2.1 Composition.
III 21.2.2.3 Term of Office, Chair.
III 21.2.4.1 Composition.
III 21.2.5.1 Composition.
III 21.2.8.1 Composition.
III 21.2.10.1 Composition.
III 21.9.2.5 Management Council Representation.
III 21.9.5.10.2 Term of Office.
III 31 Executive Regulations.
III 31.1.8.2 Misconduct Incidental to Competition.
III 31.2.3.1.1 Drugs and Procedures Subject to Restrictions.
III 31.2.3.5 Individual Eligibility -- Team Sanctions.
III 32 Enforcement Policies and Procedures.
III 32.1.2 Conflict of Interest.
III 32.3.4.1 Presence of Institutional Representative During Interview.
III 32.3.9.2 Non-Recorded Interviews.
III 32.4.3 Appeal of Secondary Violations.
III 32.5.1 Notice to Institution.
III 32.6.9 Prehearing Procedural Issues.
III 32.7.1 Summary Disposition Election.
III 32.10.1.2 Appeal by Involved Individual.
References