Division I Proposal - 2001-16


Status: Defeated Final

Intent: To permit an institution to provide legal counsel for student-athlete at any time the institution believes it is appropriate when the institution, conference, or NCAA has begun an investigation that may affect the student-athlete's eligibility.

Bylaws: Amend 16.3.2, as follows:

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

[16.3.2-(a) through 16.3.2-(f) unchanged.]

"(g) The cost of legal representation during any investigation conducted by the institution, its athletics conference or the NCAA that may affect the student-athlete's eligibility;"

[16.3.2-(g) through 16.3.2-(i) renumbered as 16.3.2-(h) through 16.3.2-(j), unchanged.]

Source: Big East Conference.

Effective Date:Immediate

Proposal Category: Amendment

Topical Area: Awards, Benefits and Expenses

Rationale: Although it would be unduly burdensome to require that legal counsel be provided to all involved student-athletes whenever an institution, conference or the NCAA has begun investigating a matter, it should be an institution's prerogative to provide legal counsel to a student-athlete related to an investigation any time the institution believes it is appropriate. Currently, legal counsel can be provided to a student-athlete at institutional expense only when the student is involved in "proceedings" that may affect the student-athlete's eligibility. If the institution, conference or NCAA is evaluating any matter that may relate to the eligibility of a student-athlete, regardless of how early it is in the evaluation, it should be permissible for the institution to provide legal counsel at its expense. This proposal would help to further protect student-athletes' due process rights. It is unlikely that this regulation would be abused by an institution or provide the institution with a competitive advantage.

Estimated Budget Impact: The cost of providing legal counsel.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.


Jan 1, 2001: Submit; Submitted for consideration.
Apr 10, 2001: Mgmt Council 1st Review, Defeated
Apr 10, 2001: Defeated; Defeated - Final

Legislative References

Division Number Title
I 16.3 Academic and Other Support Services.