LSDBi
Convention Year: 2023
Date Submitted: April 19, 2022
Status: Adopted Final
Effective Date: August 1, 2022
Official Notice Number: NC-2023-7
Source: NCAA Division II Management Council (Implementation Committee).
Proposal Category: Noncontroversial
Topical Area: NCAA Membership
Intent: To merge all Division II legislation regarding NCAA membership and institutional control to a restructured Division II membership bylaw; further, to eliminate duplicative provisions.
Bylaws: Amend 7, as follows:
7.01 General Principles.
7.01.1 Membership in the Association. Eligibility for membership in the Association; conditions, obligations, and classes of Association membership; and procedures governing the termination, suspension and reinstatement of such membership are governed by Article 2-(C) and -(D) and this bylaw.
7.01.2 Classes of Membership. Division II offers three classes of membership: active, conference and provisional. Eligibility for and method of election to membership, obligations and conditions for continuing membership, voting rights, and other membership privileges for each class are defined in this bylaw.
7.01.3 Designation of Division II Membership Classification. Each active and provisional member institution and each member conference is designated as a member for certain legislative and competitive purposes.
7.01.3.1 Men's and Women's Programs in Different Divisions. An institution shall not classify its women's athletics program in a division other than the institution's membership division, unless its women's program was so classified before January 11, 1991; further, for those institutions so classified, the Board of Governors, by a two-thirds majority of its members present and voting, may permit the institution's women's athletics program to be classified in a division other than its membership division, provided it determines every three years that unusual circumstances warrant such action.
7.01.3.2 Multidivision Classification. A member institution may request classification and eligibility in more than one division in accordance with provisions permitting multidivision classification, eligibility and voting (see Bylaw 7.6).
7.01.3.3 Designation of Division by Member Conference. Each member conference shall determine the membership division it desires for legislative and/or competitive purposes. When designating the division, at least 50 percent or a minimum of 25 of the conference's institutions must hold membership in that division.
7.01.4 Assignment to Geographical Areas. Active institution and conference members are assigned to geographical areas for the purpose of representation on the Presidents Council and various committees, and to facilitate the work of the Association. Geographical districts and regions are defined in Bylaw 8.1.1.4.
7.01.5 Applicable Legislation. A member institution shall observe the applicable legislation and requirements of its membership division. However, if the institution is eligible to participate in a sport in another division (see Bylaw 7.6 for multidivision-classification privileges), it shall apply the rules of the other division that govern the sport in question.
7.01.6 Compliance With NCAA Legislation. To be an active member, an institution shall be in compliance with all applicable provisions of the constitution and bylaws of the Association. An institution that fails to do so shall be subject to the enforcement procedures and penalties issued by the Division II Membership Committee (e.g., loss of enhancement funds; change to membership classification).
7.01.7 Obligation to Meet Division Criteria. Division membership criteria constitute enforceable legislation. Each member institution shall comply with all applicable criteria of the division and an institution that fails to do so shall be subject to the enforcement procedures, and to possible reclassification.
7.01.8 Institutional Control. The control and responsibility for the conduct of intercollegiate athletics shall be exercised by the institution itself and by the conference(s), if any, of which it is a member. Administrative control or faculty control, or a combination of the two, shall constitute institutional control [see Article 1-(E)].
7.01.9 Division II Membership Process. Institutions seeking to become active members of Division II in all sports must successfully complete the requirements of the Division II membership process. The membership process requires a minimum of three provisional years and is monitored by the Membership Committee.
7.01.10 Termination or Suspension of Membership. All rights and privileges of a member shall cease immediately on termination or suspension of its membership.
7.02 Definitions and Applications.
7.02.1 Division II Membership Categories.
7.02.1.1 Active Member Institution. An active member is a four-year college or university, or a two-year upper-level collegiate institution accredited by the appropriate regional accrediting agency (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution) and duly elected to active membership under the provisions of this article. Active members have the right to compete in NCAA championships, to vote on legislation and other issues before the Association and division, and to enjoy other privileges of membership designated in the constitution and bylaws of the Association. (See Bylaw 7.3.1.3.1.1 regarding restrictions on the privileges of for-profit institutions.)
7.02.1.1.1 Athletics Consortium. An athletics consortium consists of one member institution and neighboring member or nonmember institutions (but not more than one nonmember institution), recognized and approved by a two-thirds vote of the Management Council. The student-athletes of the combined institutions are permitted to compete on the NCAA member institution's athletics teams, provided they meet the eligibility requirements of the NCAA and the member institution (see Bylaw 7.1.1.3).
7.02.1.2 Provisional Member Institution. A provisional member is a four-year college or university, or a two-year upper-level collegiate institution accredited by the appropriate regional accrediting agency (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution) and that has applied for active membership in the Association. Provisional membership is a prerequisite for active membership in the Association. The institution shall be elected to provisional membership under the provisions of this article (see Bylaw 7.4). Provisional membership is a prerequisite for active membership and shall last for a minimum of three years. During year one of the membership process, an institution shall administer its athletics programs in accordance with NCAA legislation regarding full-time enrollment, good academic standing, sports sponsorship and health and safety. During years two and three of the provisional period, an institution shall administer its athletics programs in accordance with the constitution, bylaws and other legislation of the Association. Provisional members shall receive all publications and mailings received by active members in addition to other privileges designated in the constitution and bylaws of the Association. For specific requirements, see Bylaw 7.4.
7.02.1.3 Active Member Conference. A member conference is a group of colleges and/or universities that conducts competition among its members and determines a conference champion in one or more sports (in which the NCAA conducts championships or for which it is responsible for providing playing rules for intercollegiate competition), duly elected to conference membership under the provisions of this article (see Bylaw 7.4.2). A member conference is entitled to all of the privileges of active members except the right to compete in NCAA championships (see Bylaw 7.4.2). Only those conferences that meet specific criteria as competitive and legislative bodies (see Bylaws 7.02.1.3.1 and 7.02.1.3.2) and minimum standards related to size and division status are permitted to vote on legislation or other issues before the Association.
7.02.1.3.1 Competitive Body. A competitive body is an athletics conference that conducts competition among its member institutions and determines a conference champion in one or more sports.
7.02.1.3.2 Legislative Body. A legislative body is an athletics conference that develops and maintains rules and regulations governing the athletics programs and activities of its member institutions.
7.02.1.4 Provisional Member Conference. A provisional conference consists of a group of at least 10 four-year colleges or universities or two-year upper-level collegiate institutions, accredited by the appropriate regional accrediting agency (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution), and that has applied for provisional conference membership in the Association. Provisional conference membership is a prerequisite for active conference membership in the Association. The conference shall be elected to provisional conference membership under the provisions of this article (see Bylaw 7.4.2) and shall follow the guiding principles of a model Division II conference, set forth in the "Division II Long-Range Financial Plan." Provisional conferences shall receive all publications and mailings received by voting member conferences in addition to other privileges designated in the constitution and bylaws of the Association.
7.02.2 Emerging Sports for Women. The following shall be considered emerging sports for women:
(a) Team Sports: acrobatics and tumbling and rugby; and
(b) Individual Sports: equestrian, triathlon, and women's wrestling.
7.02.2.1 Removal of Emerging Sports. A sport shall no longer be considered an emerging sport once the sport has been established as a championship sport. Further, an emerging sport is limited to a 10-year time period to become a championship sport unless it can be demonstrated that steady growth has occurred during that time.
7.02.3 Mixed Team. A mixed team is a varsity intercollegiate sports team on which at least one individual of each gender competes.
7.02.4 Multidivision Classification. Multidivision classification is the procedure in which a member institution may petition to have a certain sport or sports classified in a division other than the division in which it holds membership (see Bylaw 7.6).
7.02.5 Probation. Probation is a membership classification status assigned to an institution, which indicates that an institution's membership is not in good standing. The status of probation serves as warning that certain conditions and obligations of membership have not been satisfied and failure to correct such deficiencies shall result in the institution's reclassification to the category of restricted membership. An institution does not lose membership benefits as a result of being placed on probation.
7.02.6 Restricted Membership. Restricted membership is a membership classification status assigned to an institution that fails to comply with the minimum requirements of its division (e.g., sports sponsorship, minimum financial aid requirements). An institution placed in such status indicates the loss of any or all of the following benefits of membership: championships eligibility; voting privileges; enhancement funds (equal distribution part); and committee service. Further, an institution placed in restricted membership status will not count for the premium portion of the conference grant program. Failure to comply shall forfeit immediately the institution's membership in the Association.
[7.01.9 through 7.01.10 renumbered as 7.03.9 through 7.03.10, unchanged.]
7.1 Eligibility for Division II Membership.
7.1.1 General. Membership is available to colleges, universities, and athletics conferences; that have acceptable academic standards (as defined in Bylaw 7.1.5.1.2, and for international institutions see Bylaw 7.1.5.1.2.1); and that are located in Canada, Mexico and the United States, its territories or possessions. Such institutions or organizations must accept and observe the principles set forth in the constitution and bylaws of the Association.
7.1.2 Membership Requirements – Philosophy Statement. In addition to the constitution of the National Collegiate Athletic Association, members of Division II believe that a well-conducted intercollegiate athletics program, based on sound educational principles and practices, is a proper part of the educational mission of a university or college and that the educational well-being and academic success of the participating student-athlete is of primary concern.
Higher education has lasting importance on an individual's future success. As such, Division II supports the educational mission of college athletics by fostering a balanced approach in which student-athletes learn and develop through their desired academic pursuits, in civic engagement with their communities and in athletics competition. Division II athletics programs also are committed to establishing an inclusive culture in which persons of all backgrounds are respected and given the opportunity to provide input and to participate.
Division II members abide by the following principles that help define and distinguish the division:
(a) Division II colleges and universities are expected to operate their athletics programs with integrity and in a welcoming manner that complies with conference and NCAA rules and regulations. Institutional control is a fundamental principle that supports the institution's educational mission and assumes presidential involvement and oversight;
(b) Division II members fund their athletics programs in a manner that aligns with the institution's budget and educational mission. This method of funding features a "partial scholarship" model that allows Division II schools to recognize student-athletes for their skills through athletics-based grants, but student-athletes can accept merit-based aid and academic scholarships as well;
(c) Division II believes in a balanced approach that integrates athletics into the college experience and allows students to focus on their academic pursuits and participate in other campus and community activities. This "Life in the Balance" emphasis facilitates learning through:
(1) Academics. Division II offers exceptional teacher-student ratios that provide student-athletes with a quality education in the academic curriculum of their choice. The division structures its eligibility requirements to facilitate student-athletes earning their degrees, which is measured in part by an institution's student-athletes graduating at least at the same rate as the institution's student body;
(2) Athletics. Division II supports athletics achievement through highly competitive programs that strive to participate in the division's 25 national championships, which offer the best access ratio among the NCAA's three divisions. Division II also supports a regionalization model in scheduling that reduces time away from campus and keeps athletics participation in perspective within the educational mission;
(3) Community Engagement. Division II athletics programs actively engage with their communities to enhance relationships between student-athletes and community members and develop a shared civic experience. Division II promotes engagement at the local, conference and national levels, including at all Division II national championships; and
(4) Post-graduation Success. Division II supports a higher education model that shapes student-athletes who graduate with the skills and knowledge to be productive citizens. The balanced approach allows student-athletes to focus on their academic pursuits, their internships, and whatever else it takes to prepare them for life after graduation;
(d) Division II members support the utmost in sportsmanship by committing to a "game environment" initiative that establishes an atmosphere at athletics contests that is both energetic and respectful; and
(e) Division II promotes student-athlete involvement in decision-making through campus, conference and national Student-Athlete Advisory Committees that provide leadership opportunities and offer a representative voice in the division's governance structure.
7.1.3 Athletics Consortiums. The Management Council, by a two-thirds majority of its members present and voting, may approve an athletics consortium involving a member institution and neighboring member or nonmember institutions, but not more than one nonmember institution, to permit the student-athletes of the combined institutions to compete on the member institution's intercollegiate athletics teams, provided the student-athletes satisfy the eligibility requirements of the member institution and the NCAA. The Management Council shall develop and publish appropriate criteria to be applied to such consortiums.
7.1.3.1 General Policy. In general, a consortium shall be approved on the basis of existing academic considerations with the understanding that there shall be no change in the basic recruitment, enrollment or financial aid policies of the involved institutions as a result of such approval.
7.1.3.2 Combining Entire Athletics Programs. The institutions shall combine their entire athletics programs, and the consortium shall not be formed on a sport-by-sport basis.
7.1.3.3 Conference Approval. An institution that belongs to an NCAA member conference first shall receive approval of its conference before instituting a consortium for its intercollegiate athletics program. If more than one institution holds such conference membership, all such conferences shall approve the consortium.
7.1.3.4 Eligibility Requirements for Student-Athletes. Participating student-athletes shall meet all eligibility requirements of the member institution(s), the athletics conference(s) involved and the NCAA. The member institution(s) shall certify the eligibility of all student-athletes under those rules.
7.1.3.5 Financial Assistance to Student-Athletes. Within a consortium:
(a) Each institution shall be responsible for the financial assistance awarded to its student-athletes. The financial arrangement between or among the institutions for the exchange of funds to cover the academic costs of student-athletes who take part in the exchange program shall apply to student-athletes in the same manner as it applies to those students not participating in the intercollegiate athletics program;
(b) One institution may not provide a scholarship or any other form of financial aid to a student-athlete enrolled in another institution or transmit a scholarship or grant-in-aid to another institution to be used by one or more of its student-athletes; and
(c) Financial aid limitations as set forth in Bylaw 15 shall be applicable to the consortium as one entity and shall include all countable student-athletes, regardless of the institution in which they are enrolled.
7.1.3.6 Length of Approval. NCAA approval shall be for a four-academic-year period, at the end of which the institutions shall submit a report on the program setting forth its effect upon their academic and athletics operations.
7.1.3.7 NCAA Division Membership. The institutions may be members of different NCAA divisions but shall select one division for legislative and competitive purposes.
7.1.3.8 NCAA Member Involvement. At least one of the institutions shall be a member of the NCAA, and not more than one nonmember institution shall be included.
7.1.3.9 NCAA Membership Application. The institutions shall apply for NCAA membership as a consortium and shall be considered as one member of the Association, with their combined names included on official NCAA membership records.
7.1.3.10 Prior Academic Consortium Relationship. The institutions shall have had a prior academic consortium relationship.
7.1.3.11 Recruitment. It is permissible for one institution to recruit prospective student-athletes with a view to their possible enrollment at another institution in the consortium, provided the individuals qualify for admission to that institution and the athletics interests of the member institution are not involved, directly or indirectly, in influencing the admission or award of financial assistance.
7.1.4 Active Members.
7.1.4.1 Eligibility Requirements – Institutions.
7.1.4.1.1 Types of Institutions. Active membership is available to four-year colleges and universities and two-year upper-level collegiate institutions, accredited by the appropriate regional accrediting agency and pursuant to Board of Governors policy and duly elected to active membership under the provisions of Bylaw 7.1.3.
7.1.4.1.2 Accreditation. An institution shall meet the Division’s requirement of acceptable academic standards by accreditation through one of the six regional accrediting agencies* (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution).
*Middle States Association of Colleges and Secondary Schools, New England Association of Schools and Colleges, The Higher Learning Commission, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools Commission on Colleges, and Western Association of Schools and Colleges.
7.1.4.1.2.1 Accreditation Standard for International Institutions. An institution located in Canada or Mexico must satisfy the Division’s requirement of acceptable academic standards set forth in Bylaw 7.1.4.1.2 or is a candidate for accreditation with one of the six U.S. regional accrediting agencies* and is in good standing with its country's national, regional, or provincial accreditation agency to be elected to and maintain active membership in the Association.
7.1.4.1.3 Compliance With Association Rules. The institution shall administer its athletics programs in accordance with the constitution, bylaws and other legislation of the Association.
7.1.4.1.4 Standards. The institution's athletics programs shall reflect the establishment and maintenance of high standards of personal honor, eligibility and fair play.
7.1.4.1.5 Compliance Requirement. The institution shall be in compliance with Bylaws 7.1.4.1.3, 7.1.4.1.4 and 7.4 at the time it makes application for active membership.
7.1.4.2 Eligibility Requirement – Conferences – Conference Competition Requirement. Conference membership is available to duly elected athletics conferences of colleges and universities that conduct conference competition and determine a champion in one or more sports in which the Association conducts championships or for which it is responsible for providing playing rules for intercollegiate competition. Voting rights and other membership privileges (e.g., Management Council representation) are available only to those multi-sport conferences that satisfy the requirements set forth in Bylaw 7.3.6.
7.1.4.3 Dues of Members.
7.1.4.3.1 Determination of Annual Dues. The annual dues of the various classes of membership are governed by Article 3-(C).
7.1.4.3.2 Payment Deadline. Dues are payable September 1 of each year. A member shall not be permitted to vote at a Convention of the Association if its dues are not paid for that year. To be eligible to compete in NCAA championships, dues shall be paid in accordance with Bylaw 31.2.1.2. Membership is terminated if a member fails to pay dues for one year (see Bylaws 7.3.5.3 and 7.3.6.9.5).
7.2 Establishment of and Compliance with Division Criteria.
7.2.1 Adoption of Criteria. The members of each division, by majority vote, may establish division criteria for membership and competition by sport.
7.2.2 Effective Date and Compliance Period. In establishing criteria, the members of the division shall specify the effective date and compliance period, if any. Each institution (either as a member of that division or as an institution that competes in a sport in that division under the provisions of multidivision classification per Bylaw 7.6) shall conform to the requirements of the criteria by that effective date or by the end of the compliance period, whichever is later. Amendments to membership criteria shall be effective the September 1 after adoption or a future September 1.
7.2.3 Deadline for Meeting Performance Criterion. An institution must comply with any specific performance criterion adopted by the membership of its division (e.g., that the institution sponsor a minimum number of sports, schedule and play a specific percentage or number of contests against opponents of a certain division, or demonstrate a specific level of paid attendance) by the end of the academic year before the effective date of the legislation.
7.2.4 Continuation of Compliance. To retain division membership or approved multidivision classification (per Bylaw 7.6), each active member institution shall continue to meet division criteria when any grace period expires. If an institution fails to remain in compliance with its division's criteria, the institution's membership (or its sport per Bylaw 7.6) shall be reassigned to a division for which it qualifies. If the member (or its sport per Bylaw 7.6) does not qualify for any division, the institution shall be reclassified in accordance with Bylaw 7.2.7 and also shall be subject to the Association's enforcement procedures.
7.2.5 Failure to Conform by Effective Date. If an active member institution has not conformed to the adopted criteria of its division by the effective date or the end of the prescribed compliance period, the institution's membership (or its sport per Bylaw 7.6) shall be reassigned to a division for which it qualifies. If the member (or its sport per Bylaw 7.6) does not qualify for any division, the institution (or its sport per Bylaw 7.6) shall be reclassified in accordance with Bylaw 7.2.7.
7.2.6 Noncompliance With Membership Requirements and the Enforcement Process -- Authority of the Membership Committee. The Membership Committee shall review issues regarding membership requirements (e.g., sports sponsorship, financial aid) that are discovered during the enforcement process and shall impose, when necessary, penalties for noncompliance.
7.2.7 Noncompliance and Waivers of Division Criteria.
7.2.7.1 Restricted Membership.
7.2.7.1.1 Minimum One-Year Compliance Period. If an institution (or its sport per Bylaw 7.6) does not meet its division's criteria for membership, the institution (or its sport per Bylaw 7.6) may be placed in a restricted membership category for a minimum of one year (see Bylaw 7.02.6). If the member institution does not meet its division's criteria for membership at the end of the restricted membership period, the member shall forfeit immediately its membership in the Association.
7.2.7.1.2 Voting Privileges and Eligibility for Championships. During the period of restricted membership, an institution shall be (see Bylaw 7.02.6):
(a) In compliance to the greatest extent possible with that division's scheduling criteria;
(b) Bound by all other applicable rules of the Association;
(c) Permitted to vote only on dominant issues; and
(d) Ineligible for NCAA championships and postseason football contests.
7.2.7.1.3 No Voluntary Selection of "Restricted Membership" Category. "Restricted membership" status is imposed only when an institution has failed to comply with division membership criteria. (See Bylaw 7.02.6.) An institution is not permitted to select voluntarily or to request that it be placed in the "restricted membership" category.
7.2.7.2 Waivers of Division Membership Criteria. The following institutions may request a waiver from the appropriate divisional committee that has oversight of membership criteria:
(a) An institution applying for multidivision classification;
(b) An institution applying for a change of division membership;
(c) An institution placed in the restricted membership category (see Bylaw 7.02.6);
(d) An active member institution that does not meet the applicable membership criteria of its division; or
(e) An active member institution that does not meet (or does not expect to meet within the applicable compliance period, if any) new criteria adopted by the membership of its division. The institution's request for a waiver shall be signed by the institution's chancellor or president. The Membership Committee shall determine the deadline for submission and the effective date of such waiver requests.
7.2.7.2.1 Voting Requirement. The Membership Committee, by a majority of its members present and voting, shall hear and act on an institution's waiver of the division's criteria. The Management Council, or a subcommittee designated by the Management Council, shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's waiver of the division's criteria.
7.3 Active Membership.
7.3.1 Institutions.
7.3.1.1 Institutional Governance.
7.3.1.1.1 Chancellor or President. A member institution's chancellor or president has ultimate responsibility and final authority for the conduct of the intercollegiate athletics program and the actions of any board in control of that program. The term "chancellor or president" refers to the individual with primary executive authority for an institution and does not include an individual who has executive responsibility over a system of institutions.
7.3.1.1.2 Athletics Board. A board in control of athletics or an athletics advisory board, which has responsibility for advising or establishing athletics policies and making policy decisions, is not required. However, if such a board exists, it must conform to the following provisions.
7.3.1.1.2.1 Composition. Administration and/or faculty staff members shall constitute at least a majority of the board in control of athletics or an athletics advisory board, irrespective of the chancellor or president's responsibility and authority or whether the athletics department is financed in whole or in part by student fees. If the board has a parliamentary requirement necessitating more than a simple majority in order to transact some or all of its business, then the administrative and faculty members shall be of sufficient number to constitute at least that majority.
7.3.1.1.2.1.1 Administrator Defined. An administrator (for purposes of this legislation) is an individual employed by the institution as a full-time administrative staff member who holds an academic appointment, is directly responsible to the institution's chancellor or president or serves as a chief administrative official (e.g., admissions director, finance officer, department head, or athletics department head). Other nonacademic staff members and individuals who are members of an institution's board of trustees or similar governing body would not be considered to be administrators for purposes of this regulation.
7.3.1.1.2.1.2 Board Subcommittee. If a board subcommittee is appointed, it is not necessary for the subcommittee to have majority control by administration and/or faculty members (see Bylaw 7.1.3.1.1.2.1), provided all actions of the subcommittee are approved by the entire board before becoming effective. However, if the subcommittee's actions are effective permanently or become effective immediately and remain in effect until reviewed by the entire board at a later date, the subcommittee's membership must satisfy the majority control requirement.
7.3.1.1.2.1.3 Attendance. A parliamentary majority of administrators and faculty members of a board in control of athletics is not required to be present at any single meeting in order to conduct business.
7.3.1.1.2.2 Chair or Voting Delegate. Only an administrator or faculty member (as opposed to a student, alumnus or governing board member) may serve as chair of a member institution's board in control of intercollegiate athletics or represent the board as the institution's voting delegate at Conventions. Institutional representatives in these positions have responsibility for advising or establishing athletics policies and making policy decisions that require administrative and/or faculty control.
7.3.1.1.3 Compliance Administrator. A member institution shall employ at least one individual who serves as a full-time compliance administrator with no coaching responsibilities (see Bylaw 7.3.1.5.23).
7.3.1.1.4 Faculty Athletics Representative. A member institution shall designate an individual to serve as faculty athletics representative. An individual so designated after January 12, 1989, shall be a member of the institution's faculty or an administrator who holds faculty rank and shall not hold an administrative or coaching position in the athletics department. Duties of the faculty athletics representative shall be determined by the member institution.
7.3.1.1.5 Student-Athlete Advisory Committee. Each institution shall establish a student-athlete advisory committee for its student-athletes. The composition and duties of the committee shall be determined by the institution.
7.3.1.2 Budgetary Control.
7.3.1.2.1 Normal Budgeting Procedures. The institution's annual budget for its intercollegiate athletics programs shall be controlled by the institution and subject to its normal budgeting procedures.
7.3.1.2.2 Chancellor or President Approval. The institution's chancellor or president or an institutional administrator designated by the chancellor or president from outside the athletics department shall approve the annual budget in the event that the institution's normal budgeting procedures do not require such action.
7.3.1.3 Privileges.
7.3.1.3.1 Active Members. Active members shall be entitled to all of the privileges of membership under the constitution and bylaws of the Association and all privileges incidental thereto.
7.3.1.3.1.1 Exception -- For-Profit Institutions. For-profit institutions shall be restricted, as follows:
(a) A for-profit institution shall not have voting privileges at the annual NCAA Convention or any special Convention. The institution shall be entitled to three accredited delegates without voting privileges. Any of the accredited delegates shall be entitled to privileges of the floor and the right to active participation in the business proceedings;
(b) Representatives of a for-profit institution shall not be permitted to serve as a voting institution representative on an NCAA committee; and
(c) A for-profit institution shall not receive NCAA grants or financial distributions directly from the NCAA.
7.3.1.3.2 Use of Association's Registered Marks. Active members may use the registered marks of the Association (the Association's name, logo or other insignia) only in accordance with guidelines established by the Board of Governors.
7.3.1.5 Conditions and Obligations of Active Membership.
7.3.1.5.1 General. An active member shall administer its athletics programs in accordance with the constitution, bylaws and other legislation of the Association.
7.3.1.5.2 Obligation to Meet Division Criteria. Division membership criteria constitute enforceable legislation. Each member institution shall comply with all applicable criteria of its division, and an institution that fails to do so shall be subject to the enforcement procedures, and to possible reclassification.
7.3.1.5.3 Certification of Eligibility/Declaration of Ineligibility. An active member institution is responsible for certifying the eligibility of student-athletes under the terms of the constitution, bylaws or other legislation of the Association before permitting a student-athlete to represent the institution in intercollegiate competition. Procedures for eligibility certification shall be approved by the chancellor or president, who may designate an individual on the institution's staff to administer proper certification of eligibility. The institution shall be obligated immediately to apply all applicable rules and withhold ineligible student-athletes from all intercollegiate competition (see Bylaw 14.12). See Bylaw 14.13 for procedures regarding restoration of eligibility.
7.3.1.5.4 Application of Rules to All Recognized Varsity Sports. The constitution, bylaws and other legislation of this Association, unless otherwise specified therein, shall apply to all teams in sports recognized by the member institution as varsity intercollegiate sports and that involve all male teams, mixed teams of males and females, and all-female teams. To be recognized as a varsity sport, the following conditions must be met:
(a) The sport shall be one in which the Association conducts championships, except as provided in Bylaw 7.3.1.7 or an emerging sport for women per Bylaw 7.02.2;
(b) The sport officially shall have been accorded varsity status by the institution's chancellor or president or committee responsible for intercollegiate athletics;
(c) The sport is administered by the department of intercollegiate athletics; and
(d) Qualified participants in the sport shall receive the institution's official varsity awards.
7.3.1.5.4.1 Intent to Sponsor a Varsity Sport. Once an institution evidences an intent or commitment to sponsor a sport on a varsity level (e.g., official announcement that competition will be conducted on a varsity basis, employment of individuals to coach the varsity team), the institution must begin applying NCAA recruiting regulations to the applicable sport.
7.3.1.5.4.2 Regular-Season Eligibility. A member shall conduct its regular-season competition under eligibility rules at least as stringent as those provisions of Bylaw 14 applicable to members (see Bylaw 14.1.1).
7.3.1.5.5 Publication of Progress-Toward-Degree Requirements. Active member institutions are obligated to publish their progress-toward-degree requirements for student-athletes (see Bylaw 14.4.1).
7.3.1.5.6 Missed Class-Time Policies. Active member institutions are obligated to establish policies in all sports concerning student-athletes' missed class time due to participation in intercollegiate athletics and athletics competition scheduled during final examination periods (see Bylaw 17.1.6.8).
7.3.1.5.7 Compliance-Related Certification. An active member institution shall not be eligible to enter a team or individual competitors in an NCAA championship and shall be subject to removal from and/or ineligibility of individuals to serve on an NCAA board, council or committee unless it certifies [see Bylaw 18.4.2.1-(e)] that the conditions of Bylaw 18.4.2.1.1 have been satisfied.
7.3.1.5.8 Student-Athlete Statement. An active member institution shall administer annually, on a form prescribed by the Management Council, or a designated committee, a signed statement for each student-athlete that provides information set forth in Bylaws 14.1.3 and 14.1.3.2.
7.3.1.5.8.1 Administrative Requirement. The statement shall be administered individually to each student-athlete by the athletics director or the athletics director's designee prior to the student's participation in intercollegiate competition each academic year.
7.3.1.5.8.2 Signature Requirement. The athletics director and head coach in the sport in which the student-athlete participates shall sign the eligibility list form.
7.3.1.5.8.3 Retention Requirement. The statement shall be kept on file and such file shall be available for examination upon request by an authorized representative of the NCAA.
7.3.1.5.9 Drug-Testing Program and Consent Form. An active member institution and an institution in the candidacy or provisional period of the membership process shall administer annually, on a form prescribed by the Management Council, a signed drug-testing consent form for each student-athlete (per Bylaw 12.02.7) in accordance with Bylaw 14.1.4 and shall ensure compliance with the following elements of the NCAA Drug-Testing Program: [D]
(a) Respond to the initial drug-testing notification from Drug Free Sport International by the date specified by the organization;
(b) Complete and forward to Drug Free Sport International a current and accurate institutional eligibility list (see Bylaw 14.11.2) by the date specified by the organization;
(c) Provide adequate and secure drug-testing facilities as specified by Drug Free Sport International;
(d) Notify student-athletes who have been selected for drug testing according to the timeline specified by Drug Free Sport International; and
(e) Respond to additional requests for assistance in administering the NCAA year-round drug testing program as specified by Drug Free Sport International.
7.3.1.5.9.1 Administrative Requirement -- Year-Round Drug Testing. In sports in which the Association conducts year-round drug testing, the consent form shall be administered individually to student-athletes each academic year at the time the intercollegiate squad first reports for practice or before the Monday of the institution's fourth week of classes, whichever date occurs first.
7.3.1.5.9.2 Penalty for Failure to Complete and Sign Consent Form. Failure to sign the consent form by the deadline shall result in the student-athlete's ineligibility for practice or competition until the student-athlete has signed the form. Failure to complete and sign the form before practice or competition may result in the student-athlete's ineligibility for participation in all intercollegiate athletics.
7.3.1.5.9.3 Retention Requirements. The consent form shall be kept on file and such file shall be made available for examination on request by an authorized representative of the NCAA [see Bylaw 14.1.4.2-(c)].
7.3.1.5.10 Student-Athlete Health Insurance Portability and Accountability Act (HIPAA) Authorization/Buckley Amendment Consent Form -- Disclosure of Protected Health Information. An active member institution shall administer annually, on a form prescribed by the Management Council, a statement for each student-athlete to voluntarily sign that provides information prescribed in Bylaws 14.1.5 and 14.1.5.2.
7.3.1.5.10.1 Administrative Requirement. The statement shall be administered individually to each student-athlete by the athletics director or the athletics director's designee before the student-athlete's participation in intercollegiate athletics each academic year.
7.3.1.5.10.2 Failure to Provide Consent. The authorization/consent by the student-athlete is voluntary and is not required for the student-athlete to be eligible to participate.
7.3.1.5.10.3 Retention Requirement. Any signed statement(s) shall be kept on file and shall be available for examination on request by an authorized representative of the NCAA. [See Bylaw 14.1.5.2-(c).]
7.3.1.5.11 Discipline of Members. In accordance with directions of the Management Council or the annual Convention, active members shall refrain from athletics competition with designated institutions as required under the provisions of the Association's enforcement procedures (see Bylaw 19).
7.3.1.5.12 Certification of Insurance Coverage. An active member institution must certify insurance coverage for medical expenses resulting from athletically related injuries sustained by the following individuals while participating in a covered event (see Bylaw 7.3.1.5.12.3): [D]
(a) A student-athlete participating in the covered event in an intercollegiate sport as recognized by the participating institution; and
(b) A prospective student-athlete participating in the covered event who has graduated from high school and signed an irrevocable commitment to participate in an intercollegiate sport at a participating institution.
7.3.1.5.12.1 Amount of Coverage Insurance. Such insurance coverage must be of equal or greater value than the deductible of the NCAA catastrophic injury insurance program and may be provided through the following sources: [D]
(a) Parents' or guardians' insurance coverage;
(b) Participant's personal insurance coverage; or
(c) Institution's insurance program.
7.3.1.5.12.2 Athletically Related Injuries. For purposes of this bylaw, athletically related injuries are injuries that are a direct result of participation in a covered event (see Bylaw 7.3.1.5.12.3). [D]
7.3.1.5.12.3 Covered Event. A covered event includes the following: [D]
(a) Any intercollegiate sports activity, including team travel, competition, practices and conditioning sessions during the playing season (as defined in Bylaw 17.1.1);
(b) An NCAA-sanctioned competition in which the insured person (i.e., student-athlete or prospective student-athlete) is an official competitor; or
(c) Practice and conditioning sessions that are authorized, organized or directly supervised by athletics department personnel at the member institution other than during the playing season. Such sessions must occur on campus or at approved off-campus facilities as part of an intercollegiate athletics activity. For insured student-athletes or prospective student-athletes who compete in individual sports, off-campus intercollegiate athletics activities must be authorized by athletics department personnel at the participating school and take place at approved locations.
7.3.1.5.13 Academic Success Rate. Active members shall annually submit data, by the applicable deadline, for the Academic Success Rate in a form prescribed by the Management Council.
7.3.1.5.13.1 Failure to Submit Data. An active member institution that fails to submit data for the Academic Success Rate by the applicable deadline shall forfeit receipt of Division II enhancement funds in the following academic year. Further, an active member institution that fails to submit data for the Academic Success Rate in any two years during a five-year period shall forfeit Division II enhancement funds for the following three consecutive academic years.
7.3.1.5.13.1.1 Waiver. The Academic Requirements Committee may grant waivers of Bylaw 7.3.1.5.13.1 if it deems that unusual circumstances warrant such action. The Management Council Subcommittee [see Bylaw 8.2.2.3] shall hear and act on an institution's appeal of a decision made by the Academic Requirements Committee.
7.3.1.5.14 Academic Performance Census -- Failure to Submit. If an institution fails to submit its Academic Performance Census by the applicable deadline, in a format approved and administered by the Presidents Council (or a committee designated by the Presidents Council), that institution shall forfeit Division II institutional enhancement funds for the following academic year.
7.3.1.5.14.1 Waiver. The Academic Requirements Committee may grant waivers of Bylaw 7.3.1.5.14 if it deems that unusual circumstances warrant such action. The Management Council Subcommittee [see Bylaw 8.2.2.3] shall hear and act on an institution's appeal of a decision made by the Academic Requirements Committee.
7.3.1.5.15 Concussion Management Plan. An active member institution shall have a concussion management plan for its student-athletes. The plan shall adhere to the process and format (e.g., the concussion protocol checklist) prescribed by the Board of Governors or designee and include, but is not limited to, the following: [D]
(a) An annual process that ensures student-athletes are educated about the signs and symptoms of concussions. Student-athletes must acknowledge that they have received information about the signs and symptoms of concussions and that they have a responsibility to report concussion-related injuries and illnesses to a medical staff member;
(b) A process that ensures a student-athlete who exhibits signs, symptoms or behaviors consistent with a concussion shall be removed from athletics activities (e.g., competition, practice, conditioning sessions) and evaluated by a medical staff member (e.g., sports medicine staff, team physician) with experience in the evaluation and management of concussions;
(c) A policy that precludes a student-athlete diagnosed with a concussion from returning to athletics activity (e.g., competition, practice, conditioning sessions) for at least the remainder of that calendar day; and
(d) A policy that requires medical clearance for a student-athlete diagnosed with a concussion to return to athletics activity (e.g., competition, practice, conditioning sessions) as determined by a physician (e.g., team physician) or the physician's designee.
7.3.1.5.15.1 Annual Review and Retention Requirement. The concussion management plan shall be annually reviewed by and be kept on file in the office of the institution's athletics health care administrator.
7.3.1.5.16 Concussion Reporting. An active member institution shall report all instances of diagnosed sport-related concussions in student-athletes and their resolutions to the NCAA on an annual basis pursuant to policies and procedures maintained by the Committee on Competitive Safeguards and Medical Aspects of Sports. [D]
7.3.1.5.17 Independent Medical Care. An active member institution shall establish an administrative structure that provides independent medical care and affirms the unchallengeable autonomous authority of primary athletics health care providers (team physicians and athletic trainers) to determine medical management and return-to-play decisions related to student-athletes. An active institution shall designate an athletics health care administrator to oversee the institution's athletic health care administration and delivery.
7.3.1.5.18 Designation of Team Physician. An active member institution shall designate a physician to serve as team physician for all or each of its intercollegiate teams. The team physician shall be a doctor of medicine (MD) or doctor of osteopathic medicine (DO) with a current license in good standing to practice medicine in the state or province in which the institution is located. The team physician shall be authorized to oversee the medical services for injuries and illnesses incidental to a student-athlete's participation in intercollegiate athletics.
7.3.1.5.19 Catastrophic Sport Injury Report. An active member institution shall submit data detailing student-athlete catastrophic fatalities, near fatalities and catastrophic injuries (e.g., injuries and illnesses related to head, neck, spine, cardiac, pulmonary, heat, sickle cell trait, eyes) to the NCAA on an annual basis pursuant to policies and procedures that govern such data as determined by the Committee on Competitive Safeguards and Medical Aspects of Sport.
7.3.1.5.20 Student-Athlete Health and Safety Survey. An active member institution shall complete a student-athlete health and safety survey on an annual basis pursuant to policies and procedures as determined by the Committee on Competitive Safeguards and Medical Aspects of Sport.
7.3.1.5.21 Athletics Diversity and Inclusion Designee. The chancellor or president of an active member institution shall designate an athletics diversity and inclusion designee to be the primary contact and conduit for diversity and inclusion-related information.
7.3.1.5.22 Responsibility of Compliance Administrator. A member institution shall certify annually that it employs at least one individual who serves as a full-time compliance administrator with no coaching responsibilities.
7.3.1.5.22.1 Failure to Meet Responsibility of Compliance Administrator.
7.3.1.5.22.1.1 One-Year Probationary Period. An institution that fails to meet the requirement regarding the responsibility of the compliance administrator shall be placed on probation for one year for its entire athletics program (both men's and women's sports) in the next academic year after noncompliance is discovered. A member institution shall be afforded the one-year probationary period for failure to meet the requirement only once in a five-year period. The five-year period shall begin September 1 after completion of the academic year in which the membership criterion is not met (see Bylaw 7.02.5).
7.3.1.5.22.1.2 Application of Restricted Membership Status. If an institution fails to meet the requirement regarding the responsibility of the compliance administrator at the end of the probationary year or is ineligible for the once-in-five-year probationary period, it shall be placed in restricted membership (see Bylaw 7.02.6). If the institution still cannot certify compliance with the division criteria at the end of that year, it shall forfeit immediately its membership in the Association.
7.3.1.5.22.2 Waiver. The Membership Committee, by a majority of its members present and voting, shall hear and act on an institution's waiver of division criteria. The Management Council, or a subcommittee designated by the Management Council, shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution’s waiver of the division's criteria.
7.3.1.5.23 Financial Report.
7.3.1.5.23.1 Requirement. At least once every three years, all expenses and revenues for or on behalf of a Division II member institution's intercollegiate athletics programs, including those by any affiliated or outside organization, agency or group of individuals (two or more), shall be subject to agreed-on procedures approved by the Division II membership (in addition to any regular financial reporting policies and procedures of the institution) conducted for the institution by a qualified independent accountant who is not a staff member of the institution and who is selected either by the institution's chancellor or president or by an institutional administrator from outside the athletics department designated by the chancellor or president. If, within the last three years, the institution has conducted an overall institutional audit that includes a financial audit of all athletics department funds using the agreed upon procedures, then the institution is not required to perform a separate financial audit of all athletics department expenditures. An institution is not required to use the agreed upon procedures in years outside the once in every three-year cycle.
7.3.1.5.23.1.1 Schedule. The report created pursuant to the approved procedures shall be completed and presented to the chancellor or president on or before January 15 after the end of the institution's fiscal year.
7.3.1.5.24 Self-Study and Evaluation.
7.3.1.5.24.1 Self-Study Report. Institutions shall conduct a comprehensive self-study and evaluation of their intercollegiate athletics programs at least once every five years, using the Institutional Self-Study Guide (ISSG). The report of the self-study and supporting documentation shall be available for review and examination on request by an authorized representative of the Association and the Membership Committee. Subjects covered by the self-study shall include:
(a) Compliance-related topics:
(1) Institutional oversight;
(2) Budgetary control;
(3) Ethical conduct;
(4) Recruiting;
(5) Eligibility;
(6) Financial aid;
(7) Rules compliance;
(8) Health and safety; and
(b) Strategic-initiative related topics:
(1) Philosophy statement;
(2) Institutional control and responsibility;
(3) Athletics operations;
(4) Student-athlete well-being;
(5) Health and safety;
(6) Life in the balance/overall educational experience; and
(7) Cultural diversity and gender equity.
7.3.1.5.24.1.1 Deadline. The Institutional Self-Study Guide must be postmarked by 5 p.m. Eastern time June 1 of the year it is due to the national office, based on the published schedule for Division II member institutions.
7.3.1.5.24.1.1.1 Extension. The Membership Committee may approve additional time for an institution to complete the required self-study and evaluation of its intercollegiate athletics program if extraordinary circumstances warrant such action (e.g., change in administration). Such requests must be received in the NCAA national office by March 1 of the year the self-study is due to the national office.
7.3.1.5.24.1.2 Failure to Complete Self-Study Report. Institutions failing to complete the self-study report within the five-year time period shall be placed on probation for one year pursuant to Bylaw 7.02.5 and shall not be eligible to receive Division II Enhancement Funds proceeds. An institution that fails to complete the self-study report during the probationary year shall be fined $1,000, placed on restricted membership status pursuant to Bylaw 7.02.6, shall not be eligible to receive Division II Enhancement Funds proceeds and shall not be eligible for NCAA championships competition in all sports. In order for an institution to be removed from probation or restricted membership status, the institution must supply the Membership Committee with a complete self-study report including the institution's action plan. The Membership Committee may remove an institution from probation or restricted membership status by a two-thirds vote of the Membership Committee members present and voting. A notice of any action taken by the Membership Committee shall be given in writing to the chancellor or president of an institution.
7.3.1.6 Financial Aid Requirements.
7.3.1.6.1 Minimum Awards. A member of Division II shall annually provide financial assistance that equals one of the following:
(a) 50 percent of the maximum allowable equivalencies in four separate sports, at least two of which must be women's sports;
(b) 20 total full equivalency grants with at least 10 total full equivalency grants in women's sports; or
(c) A total expenditure of $250,000 in athletically related financial aid with at least $125,000 in women's sports.
7.3.1.6.1.1 Counting Financial Aid Awards to Satisfy Minimum Requirement. In counting financial aid awarded to student-athletes to determine if the requirements set forth in Bylaw 7.3.1.6.1-(a) and -(b) have been satisfied, the institution must satisfy the following:
(a) Only countable financial aid, as set forth on the NCAA financial aid form, may be used to meet the appropriate minimum;
(b) Countable financial aid awarded to a student-athlete who has exhausted eligibility or awarded to a medically exempt student-athlete may be used to meet the appropriate minimum;
(c) To be included in reaching the appropriate minimum, the financial aid actually must be awarded; and
(d) Countable aid awarded in emerging sports for women and non-NCAA sports may not be used to meet the appropriate minimum.
7.3.1.6.1.2 Counting Sports Classified as Division I. For purposes of counting financial aid awarded to student-athletes, an institution may use a sport classified as a Division I sport in order to satisfy the minimum financial aid requirements for Division II membership set forth in Bylaw 7.1.3.1.6.1.
7.3.1.6.1.3 Single-Gender Programs. Institutions that sponsor and conduct athletics programs for only one gender must award at least one half of the minimum requirements set forth in Bylaw 7.3.1.6.1-(a)-(c).
7.3.1.6.1.4 Failure to Meet Minimum Financial Aid Requirement.
7.3.1.6.1.4.1 One-Year Probationary Period. An institution that fails to meet the minimum financial aid requirement shall be placed on probation for one year for its entire program (both men's and women's sports) in the next academic year after noncompliance is discovered. An institution shall be afforded the one-year probationary period for failure to comply with minimum financial aid criteria only once in every five-year period. The five-year period shall begin September 1 after completion of the academic year in which the membership criterion is not met (see Bylaw 7.02.5).
7.3.1.6.1.4.1.2 Application of Restricted Membership Status. If an institution fails to meet the minimum financial aid requirement at the end of the probationary year or is ineligible for the once-in-five-year probationary period, it shall be placed in restricted membership (see Bylaw 7.02.6). If the institution still cannot certify compliance with the division criteria at the end of that year, it shall forfeit immediately its membership in the Association.
7.3.1.6.1.5 Waiver of Minimum Financial Aid Requirement. The Membership Committee, by a two-thirds majority of its members present and voting, may waive the minimum financial aid requirement for Division II membership based on objective evidence that demonstrates circumstances that warrant the waiver of the normal application of the legislation. The Management Council shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's waiver of the minimum financial aid awards.
7.3.1.7 Sports Sponsorship. A member of Division II shall sponsor in Division II a minimum of:
(a) Five Men's and Five Women's Varsity Sports. Five varsity intercollegiate sports, including at least two team sports, based on the minimum requirements of Bylaw 7.3.1.7.1.3 and involving all-male teams or mixed teams of males and females; and five varsity intercollegiate sports, including at least two team sports, based on the minimum requirements of Bylaw 7.3.1.7.1.3 and involving all-female teams;
(b) Four Men's and Six Women's Varsity Sports. Four varsity intercollegiate sports, including at least two team sports, based on the minimum requirement of Bylaw 7.3.1.7.1.3 and involving all-male teams or mixed teams of males and females; and six varsity intercollegiate sports, including at least two team sports, based on the minimum requirements of Bylaw 7.3.1.7.1.3 and involving all-female teams; or
(c) Single-Gender Programs. Institutions that sponsor and conduct athletics programs for only one gender must sponsor a minimum of five varsity intercollegiate sports, including at least two team sports, based on the minimum requirements of Bylaw 7.3.1.7.1.3, for that gender.
7.3.1.7.1 Acceptable Sports. The sports designated to meet the sports sponsorship criteria shall:
(a) Be among those in which the Association sponsors a championship, except as provided in Bylaw 7.3.1.7.1.1 or an emerging sport for women per Bylaw 7.02.2;
(b) Be recognized by the institution as varsity intercollegiate sports (see Bylaw 7.3.1.5.4);
(c) Involve all-male teams, mixed teams of males and females or all-female teams;
(d) One men's and one women's sport required in Bylaw 7.3.1.7-(a) or one men's and one women's sport required in Bylaw 7.3.1.7-(b) may be sponsored in Division I; and
(e) Be among those in which the institution opts to participate only in the NCAA championship (i.e., an institution may not participate in a national championship sponsored by a non-NCAA organization).
7.3.1.7.1.1 Waiver. The Management Council, by a two-thirds majority of its members present and voting, may approve a request to designate one sport involving all-male teams or mixed teams of males and females and one sport involving all-female teams other than those set forth in Bylaw 7.3.1.7-(a).
7.3.1.7.1.2 Waiver of Minimum Women's Sports Sponsorship Criteria. The Membership Committee, by a two-thirds majority of its members present and voting, may grant waivers of the Division II minimum women's sports sponsorship requirement in accordance with the procedure listed below:
(a) The institution shall submit its request for a waiver, signed by the institution's chancellor or president, to the Membership Committee. The request shall include pertinent information supporting the institution's request, and it shall be received in the national office not later than October 1;
(b) The institution shall provide data demonstrating that the ratio of male to female enrollment prohibits the offering of the required number of sports for women; or
(c) The institution shall provide data demonstrating insufficient student interest in establishing or maintaining the requisite number of teams.
7.3.1.7.1.2.1 New Division or Restricted Membership Status. If the Membership Committee votes to reject the institution's waiver request, the institution shall be placed in a division for which it qualifies or in restricted membership in accordance with the provisions of Bylaw 7.02.6.
7.3.1.7.1.2.1.1 Authority of Management Council. The Management Council shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's waiver of the minimum women's sports sponsorship requirement.
7.3.1.7.1.3 Minimum Contests and Participants Requirements for Sports Sponsorship. In each sport, the institution's team shall engage in at least a minimum number of intercollegiate contests (against four-year, degree-granting collegiate institutions) each year. In the individual sports and acrobatics and tumbling, the institution's team shall include a minimum number of participants in each contest that is counted toward meeting the minimum-contest requirement. The following minimums are applicable:
Team Sports Minimum Contests Minimum Participants Individual Sports Minimum Contests Minimum Participants:
| Team Sports | Minimum Contests | Minimum Participants | Individual Sports | Minimum Contests | Minimum Participants |
| Acrobatics and Tumbling | 6 | 18 | Women's Bowling | 8 | 5 |
| Baseball | 24 | Cross Country | 4 | ||
| Basketball | 22 | Equestrian | 6 | 12 | |
| Beach Volleyball | 8 | Men's Fencing | 6 | 5 | |
| Field Hockey | 10 | Women's Fencing | 6 | 5 | |
| Football | 8 | Golf | 6 | 5 | |
| Men's Ice Hockey | 20 | Men's Gymnastics | 6 | 6 | |
| Women's Ice Hockey | 20 | Women's Gymnastics | 6 | 5 | |
| Men's Lacrosse | 8 | Rifle | 8 | 4 | |
| Women's Lacrosse | 10 | Skiing | 5 | 5 | |
| Women's Rowing | 6 | Swimming and Diving | 8 | 11 | |
| Women's Rugby | 9 | Tennis | 10 | 5 | |
| Soccer | 10 | Track and Field, Indoor | 4 | 10 | |
| Softball | 24 | Track and Field, Outdoor | 4 | 14 | |
| Men's Volleyball | 9 | Men's Wrestling | 9 | 6 | |
| Women's Volleyball | 15 | Women's Wrestling | 9 | 6 | |
| Men's Water Polo | 15 | Women's Triathlon | 4 | 3 | |
| Women's Water Polo | 10 |
(Note: The minimum-contest requirements set forth in Bylaws 7.3.1.7.1.3.1 through 7.1.3.1.7.1.3.10 apply only to the provisions of this section and do not apply to minimum-contest requirements in Bylaws 14 and 17.)
7.3.1.7.1.3.1 Completion of Contest. To count as a contest, the institution's team actually shall participate in and complete the contest. Scheduled contests that are canceled or not completed (in accordance with the playing rules of the sport) may not be counted.
7.3.1.7.1.3.2 Counting Multicontest Events in Team Sports. In team sports, each game in a double-header, triple-header or tournament shall be counted as one contest.
7.3.1.7.1.3.3 Meets With No Team Scoring. In individual sports, a meet at which no team scoring is kept counts as a contest for the purpose of meeting the minimum-contest requirement, provided that at least the minimum number of participants per Bylaw 7.3.1.7.1.3 participate on the institution's team.
7.3.1.7.1.3.4 Individual Sports -- One or More Sites. In individual sports, if the minimum number of student-athletes participating on one or more teams, at one or more sites, on behalf of the institution on the same day equals or exceeds the minimum number of participants per Bylaw 7.3.1.7.1.3, an institution may use the competition as a contest in meeting the minimum-contest requirements.
7.3.1.7.1.3.4.1 Exception -- Multiday Events -- Track and Field. In track and field, if the number of student-athletes participating in a multiday meet on behalf of the institution over the course of the entire meet equals or exceeds the minimum number of participants per Bylaw 7.3.1.7.1.3 and the meet is conducted on consecutive days, an institution may use the competition as a contest in meeting the minimum-contests requirements.
7.3.1.7.1.3.5 Contests in Two Seasons. If an institution sponsors the same sport in two different seasons of the same academic year, it may count contests in both seasons, provided regular varsity competition is sponsored in both seasons and is so listed on the institution's official schedule in that sport.
7.3.1.7.1.3.6 Contests Versus Club Teams. A contest against a collegiate institution's club team may not be counted toward meeting minimum-contest requirements. However, a member is not precluded from scheduling club teams.
7.3.1.7.1.3.6.1 Exception -- Women's Rugby. In women's rugby, an institution may count up to two contests per year against collegiate club teams toward meeting minimum-contests requirements.
7.3.1.7.1.3.7 Indoor and Outdoor Track and Field. Institutions may receive credit for sponsoring both indoor and outdoor track and field provided each team participates in the minimum number of contests with at least the minimum number of participants set forth in Bylaw 7.3.1.7.1.3. An institution also may receive credit for sponsoring both indoor and outdoor track and field, provided its team participates in a total of eight indoor and outdoor meets during the year, including at least three indoor and three outdoor meets.
7.3.1.7.1.3.8 Beach Volleyball. A member institution shall meet minimum sports sponsorship in beach volleyball by applying the following:
(a) Not less than three of the eight contests shall be dual, one-day competitions where all five two-person teams compete (e.g., institution versus institution on a single day). Only one contest per day shall count toward meeting this requirement;
(b) The remaining number of contests shall be achieved by satisfying Bylaw 7.3.1.7.1.3.8-(a) or multi-opponent competitions. For a tournament to qualify for sports sponsorship purposes, all five two-person teams must be in competition with all other participating institutions and one institution shall be crowned champion of the tournament based on the performance of its five, two-person teams;
(c) All other competition formats will constitute the use of a date of competition but not count towards the minimum sports sponsorship requirement; and
(d) Contests against a collegiate institution's club team may not be counted toward meeting the minimum-contest requirements, except for the following:
(1) During each intercollegiate season, one contest against a collegiate institution's club team may be used in meeting the minimum-contest requirements provided the contest is a dual, one-day competition in which all five two-person teams compete.
7.3.1.7.1.3.9 Women's Rugby. In women's rugby, 15-a-side and seven-a-side competition may count toward the required minimum number of contests.
7.3.1.7.1.3.10 Acrobatics and Tumbling. In acrobatics and tumbling, dual meets and tri-meets may count toward the minimum number of contests. Tri-meets are counted as two contests for each competing team. No more than two tri-meets may be counted toward the minimum number of contests by a member institution.
7.3.1.7.1.3.11 Failure to Meet Minimum Sports Sponsorship Criteria.
7.3.1.7.1.3.11.1 One-Year Probationary Period. An institution that fails to meet either the minimum men's or women's sports sponsorship criterion for its division shall be placed on probation for one year for its entire program (both men's and women's sports) in the next academic year after noncompliance with sports sponsorship requirements is discovered. An institution shall be afforded the one-year probationary period for failure to comply with sports sponsorship criteria only once in every five-year period. The five-year period shall begin the September 1 after completion of the academic year in which the membership criterion is not met.
7.3.1.7.1.3.11.2 Application of Restricted Membership Status. If an institution fails to meet the sports sponsorship criteria at the end of the probationary year or is ineligible for the once-in-five-year probationary period, it shall be placed in restricted membership and shall not be eligible for NCAA championship competition in all sports (both men's and women's) in the first academic year after the probationary year (or the first academic year after failure to meet the requirements if the institution is ineligible for the once-in-five-year probationary period). (See Bylaw 7.02.5.) If the institution still cannot certify compliance with the division criteria at the end of that year, it shall forfeit immediately its membership to the Association.
7.3.1.7.1.3.11.3 Waivers.
7.3.1.7.1.3.11.3.1 Minimum Contests or Participants. The Membership Committee, by a two-thirds majority of its members present and voting, may approve waivers of the minimum number of intercollegiate contests or the minimum number of participants in a contest in situations beyond the control of the institution (e.g., weather conditions or disaster preventing completion of a scheduled competition, or verified injury or illness at the site of competition preventing the participation of the required minimum number of individuals). The Management Council shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's waiver of the minimum number of intercollegiate contests or the minimum number of participants in a contest.
7.3.1.8 Three-Season Requirement.
7.3.1.8.1 Five-Sport/Three-Season Requirement. A member institution shall conduct or sponsor at least one sport involving an all-male team or a mixed team of males and females and at least one sport involving an all-female team in every sport season. An institution may use a sport to meet the three-season requirement only if the institution has met the minimum contest and participants requirements for sports sponsorship in that sport as set forth in Bylaw 7.3.1.7.1.3.
7.3.1.8.1.1 Five-Sport/Three-Season Requirement.
7.3.1.8.1.2 Waiver. The Membership Committee, by a two-thirds majority of its members present and voting, may waive the requirements of Bylaw 7.3.1.8.1 due to circumstances beyond an institution's control. The Management Council shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's waiver of the five-sport/three-season requirement.
7.3.1.8.2 Counting Multiseason Sports. If an institution sponsors the same sport in two different seasons, it may count the sport only in the season in which its team participates in the most contests. To be counted as a fall sport, the majority of an institution's contests or dates of competition would have to occur from September through December; to be counted as a winter sport, December through March; to be counted as spring sport, February through May.
7.3.1.8.3 Male-Female Enrollment Ratio Waiver. The Membership Committee, by a two-thirds majority of its members present and voting, may grant waivers of the sports sponsorship requirement for men or women in accordance with the procedure listed below:
(a) The institution shall submit its request for a waiver, signed by the institution's chancellor or president, to the Membership Committee. The request shall include pertinent information supporting the institution's request, and shall be received in the national office not later than October 1; and
(b) The institution shall provide data demonstrating that the male-female enrollment ratio prohibits the offering of the required number of sports for one or the other gender.
7.3.1.8.3.1 New Division or Restricted Membership Status. If the Membership Committee votes to reject the institution's waiver request, the institution shall be placed in a division for which it qualifies or in restricted membership in accordance with the provisions of Bylaw 7.02.6.
7.3.1.8.3.1.1 Authority of Management Council. The Management Council shall hear and act on an institution's waiver appeal of a decision made by the Membership Committee in regard to an institution's waiver of the male-female enrollment ratio.
7.3.1.8.4 Three-Season Sport Waiver. The Management Council, by a two-thirds majority of its members present and voting, may waive the requirement that an active member shall conduct at least one sport in every sport season if the institution is precluded by its academic calendar and climatic conditions from conducting a sport in a particular season.
7.3.1.9 Audit of Membership Requirements.
7.3.1.9.1 Minimum Financial Aid and Sports-Sponsorship Reports. The Membership Committee shall have the authority to conduct an audit of the information contained in a member institution's minimum financial aid report and minimum sports-sponsorship report (see Bylaw 21.8.5.7.2).
7.3.1.9.2 Failure to Fulfill Membership Requirements -- Institution on Probation. If a member institution is placed on probation for failure to fulfill more than one membership requirement during a five-year period, the Membership Committee shall have the authority to conduct an audit of the institution's fulfillment of membership requirements (see Bylaw 21.8.5.7.2). The committee shall only audit the institution's fulfillment of membership requirements for which the institution has been placed on probation. The committee may impose conditions or penalties that an institution must satisfy during the probationary period.
7.3.2 Eligibility for National Collegiate and Division Championships.
7.3.2.1 Eligibility for National Collegiate Championships. [#] An active member institution in good standing, regardless of division, is eligible for the National Collegiate Championships, if a division championship in the respective sport is not offered in its division. Such an institution is required to meet only the institutional and individual eligibility requirements of its division that govern the sport in question. Separate championships in each division are not sponsored in the following sports:
| Women's beach volleyball | Women's ice hockey |
| Women's bowling | Men's and women's rifle |
| Men's and women's fencing | Men's and women's skiing |
| Men's gymnastics | Men's volleyball |
| Women's gymnastics | Men's and women's water polo |
7.3.2.1.1 Maximum Awards Exception. An institution may exceed the maximum awards limitation of its division in a sport in which only a National Collegiate Championship is conducted and remain eligible for that NCAA event (see Bylaw 15.4.2 for financial aid equivalency limits).
7.3.2.1.1.1 Declaration of Intent to Be Exempt. A member institution that desires to exceed the maximum awards limitation in a given sport (or sports) shall file a declaration of its intent to be exempt from that limitation with the appropriate divisional Membership Committee. The declaration shall be received at the national office not later than the June 1 before the academic year for which it seeks the exemption. The institution then shall be governed by the appropriate Division I legislation governing maximum awards for that year.
7.3.2.1.2 Options When No Division II Championship Is Conducted. An active member institution that holds membership in Division II is eligible to compete in the Division I championship in those sports for which no Division II championship is conducted. The institution shall declare its intention with the Championships Committee to compete by June 1. This declaration of intent shall be effective for a minimum of three years.
7.3.2.1.2.1 Participation in Division I Championship. To be eligible for the Division I championship in such a sport, the member institution is required to meet all Division I institutional and individual eligibility requirements and may use Division I financial aid limitations in that sport as permitted under Bylaw 7.3.1.10.1.1.
7.3.2.1.2.2 Exception for Maximum Number of Contests or Dates of Competition A member institution that is eligible for a championship in Division I because there is no championship in that sport in Division II shall apply the maximum number of contests or dates of competition in the sport involved that applies in Division I.
7.3.3 Responsibility for Actions of Outside Entities.
7.3.3.1 Independent Agencies or Organizations. An institution's "responsibility" for the conduct of its intercollegiate athletics program shall include responsibility for the acts of an independent agency or organization, including corporate entities (e.g., apparel and equipment companies), when a member of the institution's executive or athletics administration, or an athletics department staff member, has knowledge that such agency or organization is promoting the institution's intercollegiate athletics program.
7.3.3.2 Representatives of Athletics Interests. An institution's "responsibility" for the conduct of its intercollegiate athletics program shall include responsibility for the acts of individuals when a member of the institution's executive or athletics administration has knowledge or should have knowledge that such an individual:
(a) Has participated in or is a member of an agency or organization, including corporate entities (e.g., apparel and equipment companies), as described in Bylaw 7.3.3.1;
(b) Has made financial contributions to the athletics department or to an athletics booster organization of that institution;
(c) Has been requested by the athletics department staff to assist in the recruitment of prospective student-athletes or is assisting in the recruitment of prospective student-athletes;
(d) Has assisted or is assisting in providing benefits to enrolled student-athletes; or
(e) Is otherwise involved in promoting the institution's athletics program.
7.3.3.2.1 Agreement to Provide Benefit or Privilege. Any agreement between an institution (or any organization that promotes, assists or augments in any way the athletics interests of the member institution, including those identified per Bylaw 7.3.3.1) and an individual who, for any consideration, is or may be entitled under the terms of the agreement to any benefit or privilege relating to the institution's athletics program, shall contain a specific clause providing that any such benefit or privilege may be withheld if the individual has engaged in conduct that is determined to be a violation of NCAA legislation. The clause shall provide for the withholding of the benefit or privilege from a party to the agreement and any other person who may be entitled to a benefit or privilege under the terms of the agreement.
7.3.3.2.2 Retention of Identity as "Representative." Any individual participating in the activities set forth in Bylaw 7.3.3.2 shall be considered a "representative of the institution's athletics interests," and once so identified as a representative, it is presumed the person retains that identity.
7.3.4 Discipline of Active Institutions. Disciplinary or corrective actions other than suspension or termination of membership may be effected during the period between annual Conventions for violation of NCAA rules. (See Bylaws 19 and 32 for enforcement regulations, policies and procedures.)
7.3.4.1 Restoration of Good Standing. Disciplined members shall resume good standing in accordance with the terms of the disciplinary action taken, or may be restored to good standing at any time by a majority vote of the members of the Committee on Infractions present and voting. If fewer than eight members are present, any committee action requires a favorable vote of at least four committee members. Disciplined members also may be restored to good standing at the annual Convention by vote of a majority of the members present and voting.
7.3.5 Loss of Active Membership.
7.3.5.1 Termination or Suspension. The membership of any active member failing to maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership may be suspended, terminated or otherwise disciplined by a vote of two-thirds of the Presidents Council. Membership shall not be suspended or terminated unless:
(a) A notice of intention to suspend or terminate membership, stating the grounds on which such a motion will be based, is given in writing to the chair of the Presidents Council and to the president or chancellor of the member institution; and
(b) The Presidents Council approves the notification of intention to move for suspension or termination.
7.3.5.1.1 Cessation of Rights and Privileges. All rights and privileges of the member shall cease on any termination or suspension of active membership.
7.3.5.2 Removal of Accreditation. If an active member's accreditation is removed by its regional accrediting agency, it shall forfeit immediately its membership in the Association.
7.3.5.3 Failure to Pay Dues. If an active member fails to pay its annual dues for one year, its membership shall be automatically terminated.
7.3.6 Conferences.
7.3.6.1 Privileges.
7.3.6.1.1 Privileges of Active Member Conferences. Active member conferences shall be entitled to all of the privileges of active members except the right to compete as such in NCAA championships.
7.3.6.1.2 Use of Association's Registered Marks. Active member conferences may use the registered marks of the Association (i.e., the Association's name, logo or other insignia) only in accordance with guidelines established by the Board of Governors.
7.3.6.1.3 Voting Rights and Other Conference Active Membership Privileges. Only those multisport member conferences that meet the criteria listed below shall be entitled to receipt of active conference membership privileges, under the following timetable:
(a) Immediate upon active membership:
(1) Conference grant distribution;
(2) A vote at the NCAA Convention; and
(3) Representation on the Management Council and Student-Athlete Advisory Committee.
(b) One year after active conference membership: Enhancement fund distribution; and
(c) Five years after active conference membership: Automatic qualification for championships. (see Bylaw 31.3.4).
7.3.6.1.3.1 Competitive and Legislative Body. An active member conference shall be both a competitive and a legislative body on the conference level (see Bylaws 7.02.1.3.1 and 7.02.1.3.2).
7.3.6.1.3.2 Minimum Size and Division Status.
7.3.6.1.3.2.1 Full Voting Privileges. An active member conference shall be composed of at least eight active member institutions in a single division in order to be eligible for full voting privileges, including voting on federated bylaws (those bylaws that may be amended by one or more divisions acting separately).
7.3.6.1.3.2.2 Partial Voting Privileges. Those member conferences with at least eight active member institutions but without a minimum of eight members in a single division shall be permitted to vote on all common provisions (those provisions that apply to all three divisions of the Association). On these common provisions, the conference shall vote in the division in which the majority of its membership is classified. In the event that its membership is divided evenly between two divisions, the Board of Governors shall determine its voting division. Such conferences shall not vote on federated provisions (those provisions that may be amended by one or more divisions acting separately).
7.3.6.1.3.3 Sports Sponsorship Requirement. A voting member conference shall conduct conference competition in at least five sports for men and five sports for women, or four sports for men and six sports for women. For a sport to count toward the minimum sports sponsorship requirement, the following criteria must be satisfied:
(a) The conference must conduct a conference championship (e.g., round robin or tournament play) and name a conference champion in the sport;
(b) In team sports only, the conference must conduct regular-season competition among the conference members sponsoring the sport; and
(c) At least six active conference member institutions must sponsor and compete in the sport.
7.3.6.1.3.3.1 Three-Season Requirement. A voting member conference shall conduct competition in at least one sport for men in each season and at least one sport for women in each season.
7.3.6.1.3.3.2 Minimum Contests/Minimum Participant Requirements. An institution must satisfy the minimum contest and minimum participant requirements set forth in Bylaw 7.3.1.7.1.3 in a given sport in order for that sport to be considered when determining whether the conference has six member institutions that sponsor and compete in that sport.
7.3.6.1.3.3.3 Conference Member in Selected Sports. An active member institution that is a member of a voting conference in only selected sports (e.g., an affiliated conference member only in football) may not be considered when determining whether the conference has six member institutions that sponsor and compete in the sport.
7.3.6.1.3.3.4 Waiver. The Membership Committee, by two-thirds majority of its members present and voting, may waive the requirements of Bylaw 7.3.6.1.3 if it deems that unusual circumstances warrant such action. The Management Council shall hear and act on a conference's appeal of a decision made by the Membership Committee in regard to a conference's waiver of the sports sponsorship requirement.
7.3.6.1.3.4 Football Issues. In addition to meeting the requirements of Bylaw 7.3.2.1.3.3 for men's and/or women's sports, conference championship competition shall be conducted in football in order for the conference to vote on issues pertaining only to football.
7.3.6.1.3.5 Grace Period. An active member conference may continue to qualify for conference membership privileges for three years following the date of withdrawal of the institution(s) that causes the conference's membership to fall below the minimum number of institutions required for active membership, provided the conference remains within one member institution of that minimum number.
7.3.6.1.3.6 Waiver. The Membership Committee, by a two-thirds majority of its members present and voting, may grant a waiver for an active member conference that falls below the required minimum number of active institutions, if it deems that unusual circumstances warrant such action. The Management Council shall hear and act on a conference's appeal of a decision made by the Membership Committee.
7.3.6.2 Conditions and Obligations of Active Membership.
7.3.6.2.1 General. The member conferences of this division agree to administer their athletics programs in accordance with the constitution, bylaws, and other legislation of the Association.
7.3.6.2.2 Conference Competition. Member conferences shall conduct conference competition and determine a champion in one or more sports in which the Association conducts championships or for which it is responsible for providing playing rules for intercollegiate competition.
7.3.6.2.3 Composition of Conference. All of the members of the conference shall be active member institutions of this Association.
7.3.6.2.3.1 Exception for Composition of Conference. A conference with eight or more active NCAA member institutions may accept an institution in the provisional period of the Division II membership process (see Bylaw 7.01.9) into active conference membership.
7.3.6.2.4 Conference Student-Athlete Advisory Committee. Each active member conference shall establish a conference student-athlete advisory committee for its member institutions' student-athletes. The composition and duties of the committee shall be determined by the conference.
7.3.6.2.4.1 Annual Meeting. The member conference shall conduct at least one in-person meeting annually of its conference student-athlete advisory committee.
7.3.6.2.4.1.1 Failure to Conduct a Conference Student-Athlete Advisory Committee Annual Meeting. If an active member conference fails to meet the conditions set forth in Bylaw 7.3.6.2.4.1 during a given year, the conference shall immediately be placed on probationary status during the following academic year and would not be eligible for all or any portion of the conference grant funds as determined by the Planning and Finance Committee. If the conference fails to meet the conditions set forth in Bylaw 7.3.6.2.4.1 during the probationary year, the conference may forfeit immediately its membership in the Association.
7.3.6.2.4.1.2 Waiver. The Membership Committee, by a two-thirds majority of its members present and voting, may grant waivers of Bylaw 7.3.6.2.4.1 if it deems that unusual circumstances warrant such action.
7.3.6.2.5 Sports Sponsorship Audit Requirement. A voting member conference shall provide documentation, on request, to the Membership Committee to show evidence of compliance with sports sponsorship requirements set forth in Bylaw 7.3.6.1.3.3 for a given year.
7.3.6.2.6 Athletics Diversity and Inclusion Designee. An active member conference shall designate an athletics diversity and inclusion designee to be the primary contact and conduit for diversity and inclusion-related information.
7.3.6.3 Composition of Active Conferences. All of the members of the conference shall be active members of this Association. A conference with eight or more active NCAA members may accept an institution in the provisional period of the Division II membership process (see Bylaw 7.01.9) into active conference membership.
7.3.6.3.1 Waiver. The Membership Committee, by a two-thirds majority of its members present and voting, may waive the requirements of Bylaw 7.3.6.3, if it deems that unusual circumstances warrant such action. The Management Council shall hear and act on a conference's appeal of a decision made by the Membership Committee.
7.3.6.4 Conference Membership Requirements. A conference of at least 10 active member institutions desiring to attain voting conference status and gain access to voting conference membership privileges must meet the following conditions:
(a) At the time of application, be composed of at least 10 active member institutions and/or institutions in the provisional period of the Division II membership process (see Bylaw 7.4.1.5.3). All institutions shall be located in the same geographic area as specified in Bylaw 8.1.1.4;
(b) Submit an application to the Membership Committee, to be received in the national office not later than December 1. A fee, as determined by the Membership Committee, shall accompany the application. The following information must be submitted at the time of application:
(1) A conference strategic plan;
(2) A conference constitution and bylaws;
(3) Documentation affirming the institutions in the conference satisfy the sports sponsorship requirement the year prior to the conference becoming an active conference and that conference will satisfy the sports sponsorship requirement in year it would become active conference;
(4) A business plan for conference office operations; and
(5) A student-athlete advisory committee development plan; and
(c) The conference commissioner must attend the NCAA Convention in the year immediately following the submission of the application.
7.3.6.5 Minimum Size for Active Conferences. A conference shall be composed of at least 10 active member institutions prior to its approval as an active member conference. All institutions shall be located in the same geographic area as specified in Bylaw 8.1.1.4. Once the conference is approved by the Membership Committee, it shall be eligible for privileges of active member conferences, except for enhancement fund distribution [see Bylaw 7.3.6.1.3-(b)] and automatic qualification [see Bylaws 7.3.6.1.3-(c), 31.3.4.1, 31.3.4.2 and 31.3.4.4].
7.3.6.6 Waiver. The Membership Committee, by a two-thirds majority of its members present and voting, may waive the requirements of Bylaws 7.3.6.4-(a) and 7.3.6.5, if it deems that unusual circumstances warrant such action. The Management Council shall hear and act on a conference's appeal of a decision made by the Membership Committee.
7.3.6.7 Grace Period -- Application Fee. An active member conference whose membership falls below the minimum number of institutions required for active membership shall not be required to submit a fee per Bylaw 7.3.6.4-(b) for four years following the date of withdrawal of the institution(s) that causes the conference's membership to fall below the minimum number of institutions required for active membership.
7.3.6.8 Discipline of Member Conferences. Disciplinary or corrective actions other than suspension or termination of membership may be imposed during the period between annual Conventions for a violation(s) of NCAA rules. (See Bylaws 19 and 32 for enforcement regulations, policies and procedures.)
7.3.6.8.1 Restoration of Good Standing. Disciplined members shall resume good standing in accordance with the terms of disciplinary action taken, or may be restored to good standing at any time by a majority vote of the Committee on Infractions present and voting, or at the annual Convention by vote of a majority of the members present and voting.
7.3.6.9 Loss of Active Member-Conference Status.
7.3.6.9.1 Failure to Comply with Sports Sponsorship Criteria. A voting member conference that fails to satisfy minimum sports-sponsorship criteria in a given year shall be placed on probation for one year in the next academic year after noncompliance occurs. During the probationary year, the conference shall not be eligible to receive the share of the Enhancement Fund that is based on conference sports sponsorship. A conference shall be afforded the one-year probationary period only once in every five-year period. The five-year period shall begin September 1 after the completion of the academic year in which the sports sponsorship criteria is not met. If a conference fails to meet the minimum sports sponsorship criteria at the end of the probationary year, or is ineligible for the once-in-five-year probationary period, it shall forfeit its voting conference membership and all associated privileges immediately. A conference forfeiting voting conference membership in accordance with this legislation shall be ineligible to reapply for voting conference membership for at least one calendar year.
7.3.6.9.2 Erroneous Information During Membership Application. A member conference that provides erroneous information during the membership application process that is material, intentional and fallacious, and would have impacted the Membership Committee's decision to elect the conference as an active member conference, may be terminated or suspended (see Bylaw 7.3.2.9.3).
7.3.6.9.2.1 Appeal. The Division II Management Council shall review appeals of the Membership Committee's decision to suspend or terminate a member conference for providing erroneous information during the membership application process.
7.3.6.9.3 Termination or Suspension. The membership of any member conference failing to maintain the academic or athletics standards required for membership or failing to meet the conditions and obligations of membership may be suspended or terminated or the member conference otherwise disciplined by a vote of two-thirds of the Presidents Council. Membership shall not be suspended or terminated unless:
(a) Notice of intention to suspend or terminate membership, stating the grounds on which such motion will be based, is given in writing to the chair of the Presidents Council and to the president or chancellor of the member conference; and
(b) The Presidents Council approves the notification of intention to move for suspension or termination.
7.3.6.9.3.1 Cessation of Rights and Privileges. All rights and privileges of the member shall cease on any termination or suspension of conference membership.
7.3.6.9.4 Ineligible Conference Member Institution. If any member of an athletics conference is found to be ineligible for active membership in this Association, such conference shall be ineligible for conference membership and its membership terminated, unless the conference has satisfied Bylaw 7.3.6.3.2.
7.3.6.9.5 Failure to Pay Dues. If a member conference fails to pay its annual dues for one year, its membership shall be automatically terminated.
7.4 Provisional Membership.
7.4.1 Institutions – Change of Division Membership (All Sports).
7.4.1.1 Reclassification Process. An institution that is currently an active member of Division I and seeks to reclassify its divisional membership in all sports to Division II must successfully complete all requirements of the membership process as determined by the Membership Committee to obtain active member status in Division II. An institution that is currently an active member of Division III and seeks to reclassify its divisional membership in all sports to Division II must successfully complete the membership process specified in Bylaw 7.4.1.5 to obtain active member status in Division II.
7.4.1.2 Eligibility.
7.4.1.2.1 Types of Institutions. Membership in the provisional period is available to four-year colleges and universities and two-year upper-level collegiate institutions, accredited by the appropriate regional accrediting agency (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution) and duly elected to the membership process under the provisions of Bylaws 7.4.1.4 and 7.4.1.2.
7.4.1.2.2 Accreditation. An institution shall meet the Association's requirement of acceptable academic standards by accreditation through one of the six regional accrediting agencies* (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution). The application shall be considered with regard to requested membership division and sport classification in accordance with Bylaw 7. The application shall be reviewed by the Membership Committee.
* Middle States Association of Colleges and Secondary Schools, New England Association of Schools and Colleges, The Higher Learning Commission, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools Commission on Colleges, and Western Association of Schools and Colleges.
7.4.1.2.3 Drug-Testing Program and Consent Form. An institution in the provisional period of the membership process shall administer annually, on a form prescribed by Management Council, a signed drug-testing consent form for each student-athlete (per Bylaw 12.02.7) in accordance with Bylaw 14.1.4 and shall ensure compliance with the requirements of the NCAA Drug-Testing Program outlined in Bylaw 7.3.1.5.10.
7.4.1.2.4 Conditions and Obligations of Membership in the Provisional Period of the Membership Process. During year one of the membership process, an institution shall administer its athletics programs in accordance with NCAA legislation regarding full-time enrollment, good academic standing, sports sponsorship and health and safety. An institution in the second and third years of the provisional period of the membership process shall administer its athletics program in accordance with the constitution, bylaws and other legislation of the Association.
7.4.1.3 Administrative Requirements for Application. An institution applying for Division II membership shall complete the following requirements (see Bylaw 7.4.1.9.2):
(a) An application signed by the institution's president or chancellor, and received in the national office not later than February 1;
(b) Sponsorship by an active member institution or conference; and
(c) An application fee shall accompany the application form. The amount of the fee will be determined annually by the Membership Committee based on a continual analysis of expenses associated with the membership process. In addition, a check in the appropriate amount for annual dues [see Article 3-(C)] shall also accompany the application. Should the applicant institution fail to be accepted into the membership process, the dues paid shall be refunded and the application fee will be refunded on a prorated basis, as determined by the Membership Committee.
7.4.1.3.1 Class Size Limitation. The Management Council, on recommendation of the Membership Committee, may establish an annual limit on the number of eligible institutions that will be selected to begin the membership process.
7.4.1.3.2 Membership Committee Authority. The Management Council, on recommendation of the Membership Committee, may establish an annual limit on the number of eligible institutions that will be selected to begin the membership process.
7.4.1.4 Procedures for Election to the Provisional Period of the Membership Process – Voting Requirement. Procedures for election to provisional membership under this subsection are federated provisions (see Bylaw 9.02.1.3).
7.4.1.5 Division II Membership Process. Institutions seeking to become active members of Division II in all sports must successfully complete all requirements of the Division II membership process, as specified in Bylaw 7.4.
7.4.1.5.1 Administrative Requirements for Application.
7.4.1.5.1.1 Deadline for Submission of Application. An institution applying for Division II membership shall complete an application, signed by the president or chancellor, and received in the national office not later than February 1.
7.4.1.5.1.2 Application Fee. An application fee shall accompany the application form. The amount of the fee will be determined annually by the Membership Committee based on a continual analysis of expenses associated with the membership process. An applicant institution that is not selected to enter the membership process shall receive a refund of the application fee on a prorated basis as determined by the Membership Committee.
7.4.1.5.1.3 Class Size Limitation. The Management Council, on recommendation of the Membership Committee, may establish an annual limit on the number of institutions that will be selected to begin the membership process.
7.4.1.5.1.4 Membership Committee Authority. The Membership Committee has the authority to accept or not accept an institution's application to enter the Division II membership process.
7.4.1.5.2 Administrative Requirement for Active Membership – Conference Membership. An institution must receive a bona fide invitation for membership from an active Division II conference before applying for Division II membership and shall maintain conference affiliation during the Division II membership process.
7.4.1.5.3 Provisional Period. Once an institution receives notice that it has been accepted to begin the Division II membership process, the institution shall enter the provisional period of the membership process on September 1, the beginning of practice in any sport for the fall term or the first day of classes for that fall term, whichever occurs first, following the acceptance of the application. The provisional period shall be a minimum of three years. At the completion of the three-year period, the institution shall receive a determination of its readiness to proceed to active membership.
7.4.1.5.3.1 Assessment Program. Institutions are required to satisfy the following requirements during the provisional period:
(a) Year One:
(1) Demonstrated administration of its athletics program in accordance with NCAA legislation regarding full-time enrollment, good academic standing, sports sponsorship and health and safety;
(2) A comprehensive self-study and evaluation of its intercollegiate athletics program using the Division II Institutional Self-Study Guide (ISSG);
(3) Demonstrated involvement and commitment of the president or chancellor at the institution, as determined by the Membership Committee;
(4) An on-campus assessment conducted by an outside group selected by the Membership Committee. NCAA staff and a representative of the Membership Committee will also participate to review the readiness of the institution to become an active member, as measured against a Division II active member's athletics program;
(5) An annual report submitted by June 1, which shall include an updated athletics department strategic plan. See the Membership Committee's policies and procedures manual for more clarification regarding the content of an annual report;
(6) A visit paid by the institution to an active member institution's campus, as selected by the Membership Committee;
(7) Attendance at an orientation session conducted by the national office staff related to basic Division II operating rules and membership requirements. Institutional representatives required to attend are the chancellor or president, the director of athletics, the senior woman administrator, the faculty athletics representative, a compliance administrator and any additional individual to whom athletics reports;
(8) Attendance at the NCAA Division II Convention Business and Membership Committee Sessions. Institutional representatives required to attend are the chancellor or president, the director of athletics, the senior woman administrator, the faculty athletics representative and a compliance administrator; and
(9) Attendance at the Regional Rules Seminar conducted by the NCAA. Institutional representatives required to attend are the director of athletics, the senior woman administrator, the faculty athletics representative, a compliance administrator and a liaison from financial aid and the registrar's office.
(b) Year Two:
(1) Demonstrated administration of its athletics program in accordance with the constitution, bylaws and other legislation of the Association;
(2) Demonstrated involvement and commitment of the president or chancellor at the institution in the membership process, as determined by the Membership Committee;
(3) An on-campus assessment conducted by an outside group selected by the Membership Committee. The assessment shall include completion of the NCAA Compliance Blueprint Review;
(4) An annual report submitted by June 1, which shall include an updated athletics department strategic plan. See the Membership Committee's policies and procedures manual for more clarification regarding the content of an annual report;
(5) Attendance at the NCAA Division II Convention Business and Membership Committee Sessions. Institutional representatives required to attend are the chancellor or president, the director of athletics, the senior woman administrator, the faculty athletics representative and a compliance administrator; and
(6) Attendance at the Regional Rules Seminar conducted by the NCAA. Institutional representatives required to attend are the director of athletics, the senior woman administrator, the faculty athletics representative, a compliance administrator and a liaison from financial aid and the registrar's office.
(c) Year Three:
(1) Demonstrated administration of its athletics program in accordance with the constitution, bylaws and other legislation of the Association;
(2) Demonstrated involvement and commitment of the president or chancellor at the institution, as determined by the Membership Committee;
(3) An on-campus assessment conducted by an outside group selected by the Membership Committee to review the readiness of the institution to become an active member;
(4) An annual report submitted by June 1, which shall include an updated athletics department strategic plan. See the Membership Committee's policies and procedures manual for more clarification regarding the content of an annual report;
(5) Attendance at the NCAA Division II Convention business and Membership Committee sessions. Institutional representatives required to attend are the chancellor or president, the director of athletics, the senior woman administrator, the faculty athletics representative and a compliance administrator; and
(6) Attendance at the Regional Rules Seminar conducted by the NCAA. Institutional representatives required to attend are the director of athletics, the senior woman administrator, the faculty athletics representative, a compliance administrator and a liaison from financial aid and the registrar's office.
(d) Additional Requirements for Active Membership. An institution must satisfy the following requirements at least once during the three-year membership process:
(1) Attendance at the NCAA Inclusion Forum. Institutional representatives required to attend are the senior woman administrator and a senior level administrator outside of athletics;
(2) Attendance by the faculty athletics representative at the Faculty Athletics Representative Association National Convention; and
(3) Attendance by the senior woman administrator at a professional development event (e.g., Women Leaders in College Sports Convention, Administrative Enhancement Institute, NACDA Convention).
7.4.1.5.3.2 Provisional Period – Year Three Fee. A nonrefundable fee will be assessed if an institution is invited to year three of provisional membership. The amount of the fee will be determined annually by the Membership Committee, based on a continual analysis of expenses associated with the new member process. Additionally, a check in the appropriate amount for annual dues [see the annual dues requirement for active members per Article 3-(C)] also shall accompany the notice.
7.4.1.5.4 Determination of Standing in the Membership Process.
7.4.1.5.4.1 Failure to Meet Membership Requirements. An institution in the membership process failing to meet and maintain the conditions set forth in Bylaw 7.4 and its subsections may be required to complete an additional year of the provisional period or may be removed from the membership process, by a two-thirds vote of the Membership Committee members present and voting. A notice of intention to remove an institution from the membership process, stating the grounds on which such an action will be based, shall be given in writing to the president or chancellor of the institution in the membership process.
7.4.1.5.4.2 Waiver of Membership Process Requirements. The Membership Committee has the authority to waive the requirements of the membership process due to circumstances outside the control of the institution.
7.4.1.5.4.2.1 Authority of Management Council. The Management Council shall hear and act on an institution's or conference's appeal of a decision made by the Membership Committee in regard to an institution's or conference's standing as a provisional member.
7.4.1.5.4.3 Termination and Cessation of Rights and Privileges. All rights and privileges of an institution in the membership process shall cease on any termination of membership in the provisional period. Any institution in the membership process whose membership in the provisional period is terminated may reapply to enter the membership process after a period of one year.
7.4.1.6 Restricted Membership Status – Institution Providing Erroneous Information During Membership Process. An institution that provides erroneous information during the membership process that is material, intentional and fallacious, and would have impacted the Membership Committee's decision to move the institution forward in the membership process, shall be subject to restricted-membership status for one academic year for the entire athletics program (both men's and women's sports) following the time of discovery.
7.4.1.6.1 Appeal – Restricted-Membership Status. Appeals of the Membership Committee decision to place an institution in restricted membership status for providing erroneous information during the membership process shall be reviewed by the Division II Management Council.
7.4.1.7 Privileges and Voting Rights.
7.4.1.7.1 Publications and Convention Representation. Member institutions in the provisional period shall receive all publications and mailings received by active members of the Association, shall be entitled to be represented by one nonvoting delegate at any Convention of the Association and shall have such other privileges as may be accorded by the bylaws of the Association.
7.4.1.7.2 Use of Association’s Registered Marks. A provisional member in year three of the membership process set forth in Bylaw 7.4 may use the registered marks of the Association (i.e., the Association's name, logo or other insignia) only in accordance with guidelines established by the Board of Governors. Prior to the provisional year three designation, an institution in the membership process is limited to using Division II specific logos and a specially designed NCAA logo for provisional institutions.
7.4.1.8 Election to Active Membership.
7.4.1.8.1 Accreditation. An institution shall meet the Association's requirement of acceptable academic standards by accreditation through one of the six regional accrediting agencies* (see Bylaw 7.1.4.1.2.1 for the accreditation standard for an international institution). The application shall be considered with regard to requested membership division and sport classification in accordance with Bylaw 7. The application shall be reviewed by the Membership Committee.
*Middle States Association of Colleges and Secondary Schools, New England Association of Schools and Colleges, The Higher Learning Commission, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools Commission on Colleges, and Western Association of Schools and Colleges.
7.4.1.8.2 Administrative Requirements for Application. An institution applying for Division II membership shall complete the following requirements:
(a) An application signed by the institution's president or chancellor, and received in the national office not later than February 1;
(b) Sponsorship by an active member institution or conference; and
(c) An application fee shall accompany the application form. The amount of the fee will be determined annually by the Membership Committee based on a continual analysis of expenses associated with the membership process. An applicant institution that is not selected to enter the membership process shall receive a refund of the application fee on a prorated basis as determined by the Membership Committee.
7.4.1.8.2.1 Class Size Limitation. The Management Council, on recommendation of the Membership Committee, may establish an annual limit on the number of eligible institutions that will be selected to begin the membership process.
7.4.1.8.2.2 Membership Committee Authority. The Membership Committee has the authority to accept or not accept an institution's application to enter the membership process.
7.4.1.8.3 Election. A favorable vote by two-thirds of the Membership Committee members present and voting shall elect the applicant institution to membership effective the following September 1, the beginning of practice in any sport for that fall term or the first day of classes for that fall term, whichever occurs first. When the vote of the Membership Committee has been completed, the applicant institution shall be notified.
7.4.1.8.4 Resignation and Re-Election to Membership. If an institution resigns its membership following application to re-establish its membership, the institution first shall complete a membership process (see Bylaw 7.4) before such institution becomes eligible for re-election as an active member.
7.4.1.8.5 Championships Eligibility – Reclassification to Division II. To be eligible for NCAA championships in Division II on September 1 following successful completion of the membership process, the institution shall comply with all championships eligibility requirements, as prescribed by Bylaw 31, and otherwise shall be eligible for participation in those championships. In addition, a member of Division II shall comply with the provisions of Bylaw 18.4.
7.4.1.8.5.1 Waivers – New Division or Subdivision. When the institution's reclassification was the direct result of the creation of a new division or subdivision, the Board of Governors, by a two-thirds majority of its members present and voting, may grant waivers of the two-year requirement of Bylaw 7.6.2.2 if it deems that unusual circumstances warrant such action.
7.4.2 Conferences.
7.4.2.1 Application. An athletics conference desiring to become an active member conference shall make application on a form available from the national office. An application fee and the amount for annual dues [see Constitution 3-(C)] shall accompany the application. The fee and dues paid shall be refunded to the applicant conference should the Membership Committee not accept its application.
7.4.2.2 Election. Athletics conferences may be elected as active member conferences by a majority vote of the delegates present and voting at an annual Convention or by a two-thirds majority vote of the Membership Committee members present and voting.
7.4.2.3 Annual Limit on Conference Membership. The Management Council, on recommendation of the Planning and Finance Committee and the Membership Committee, may establish an annual limit on the number of applicant athletics conferences that will be invited to active conference membership.
7.5 Active Division II Membership Following Reclassification.
7.5.1 Championships Eligibility – Reclassification to Division II. To be eligible for NCAA championships in Division II on September 1 following successful completion of the membership process, the institution shall comply with all championships eligibility requirements, as prescribed by Bylaw 31, and otherwise shall be eligible for participation in those championships. In addition, a member of Division II shall comply with the provisions of Bylaw 18.4.
7.6 Multidivision Classification.
7.6.1 Multidivision-Classification Options. A member institution may have a sport classified in a division other than the one in which it is a member only in the following circumstances:
7.6.1.1 Classification of a Sport in Division I. A member may have a sport classified in Division I, provided the sport was classified during the 2010-11 academic year.
7.6.1.1.1 Reclassification of a Sport of the Opposite Gender. A member that had one sport classified in Division I during the 2010-11 academic year may petition to have one sport of the opposite gender, other than football or basketball, classified in Division I, provided the original sport remains classified in Division I. Once a sport begins the first academic year of classification in Division I, the sport shall no longer be eligible to participate in Division II championships. The sport remains ineligible for Division II championships for the duration of the multidivision classification.
7.6.1.2 Women’s Multidivision-Classification Limitation. A member institution that has its women's program classified in a division other than its membership division (per Bylaw 7) shall not be eligible to petition for the multidivision-classification opportunities available to a women's program that is classified in the same division as the institution's men's program.
7.6.2 Requesting Reclassification of a Single Sport from Division I to Division II. A member institution that has a single sport classified as Division I per Bylaw 7.6.1 may petition to reclassify that single sport back to Division II.
7.6.2.1 Notification Requirement. When petitioning for reclassification of a single sport from Division I to Division II, the institution shall submit a written request to the Division II Membership Committee. The request must be received in the national office not later than June 1 preceding the year in which the institution will begin complying with the applicable division criteria.
7.6.2.2 Reclassification Period. A member reclassifying a single sport from Division I to Division II shall complete a two-year reclassification period. At the end of the two-year period (unless an institution is required to repeat a year), a member reclassifying a single sport from Division I to Division II shall be eligible for participation in Division II in the sport effective the September 1 immediately following the successful completion of the two-year reclassification period.
7.6.2.2.1 Rules Compliance Requirements. A member institution reclassifying a single sport from Division I to Division II shall administer its athletics program in that sport in accordance with the Division II constitution, bylaws and other legislation of the Association for the entire two-year reclassification period.
7.6.2.2.2 Annual Review. A member institution reclassifying a single sport from Division I to Division II shall provide, on an annual basis, a written report to be reviewed by the Membership Committee describing the institution's progress in meeting the application of the Division II constitution, bylaws and other legislation of the Association to its reclassifying single sport.
7.6.2.3 Waiver. The Membership Committee may waive any of the requirements in Bylaw 7.6.2. An institution reclassifying a single sport from Division I to Division II that requests a waiver of the two-year reclassification period (see Bylaw 7.6.2.2) must provide written documentation to the Membership Committee demonstrating that the institution will satisfy Division II legislation in the sport during the two-year period (e.g., eligibility lists, schedules, financial aid equivalency information, verification of student-athlete eligibility from the NCAA Eligibility Center).
7.6.2.3.1 Authority of Management Council. The Management Council shall hear and act on an institution's appeal of a decision made by the Membership Committee in regard to an institution's standing as a reclassified single sport.
7.6.3 Applicable Legislation. A member institution shall observe the applicable legislation and requirements of its membership division. However, if the institution is eligible to participate in a sport in another division (see Bylaw 7.6 for multidivision-classification privileges), it shall apply the rules of the other division that govern the sport in question.
7.7 Reclassification from Division II to Division I or Division III. A member of Division II that is reclassifying to Division I or Division III shall no longer be eligible for the following benefits once it officially begins the reclassification process:
(a) Participation in any Division II NCAA championships;
(b) Receipt of Division II Enhancement Fund proceeds; and
(c) Voting at the annual NCAA Convention.
An institution reclassifying to Division III remains eligible for Division II championships and/or committee service during the Division III exploratory period, provided the institution continues to comply with all Division II regulations. However, such eligibility shall terminate once the exploratory period ends and the reclassification period to Division III has officially begun.
Co-sponsorship - Conference:
None
Co-sponsorship - Institution:
None
Position Statement(s):
None
Review History:
Additional Information:
Following the adoption of a new Association-wide constitution at the 2022 NCAA Convention, the Division II Management Council adopted noncontroversial legislation to move all Division II legislative provisions out of the NCAA constitution to new bylaws. This proposal is a continuation of a review of legislation to determine the alignment with the new constitution and structure of the Division II manual. This change merges Constitution Articles 3 and 6 with Bylaw 20 into new Bylaw 7 for one membership bylaw. The proposal also eliminates duplicative language in the legislation. This change will reorganize and streamline the membership legislation for ease of reference.
Convention Vote:
No Convention Record
Legislative References