Transcript The Division I Interpretations Process

DIVISION II LEGISLATIVE
AND INTERPRETIVE
PROCESSES
Amanda Conklin
Jennifer Fraser
Overview

Legislative process.

Governance-sponsored proposal.

Membership-sponsored proposal.

Interpretive process.

Appellate opportunities.

Effect on waivers, reinstatement and enforcement.

Using Legislative Services Database for the
Internet (LSDBi) to your advantage.
Session Outcomes



Understanding of the legislative processes.
Confidence to seek interpretation and effectively
make an interpretive argument.
Using the various functions of LSDBi to your
advantage.
Legislative Processes
How A Concept Becomes A Proposal
Governance-Sponsored Proposal
(NCAA Convention Legislation)
Committee
• Division II committee discusses concept.
• Makes legislative recommendation to NCAA Division II
Management Council.
• Approvals are forwarded to NCAA Division II Presidents Council.
• Defeated recommendations can be sent back to the committee for
Management
further discussion and development.
Council
Presidents
Council
• Presidents Council approval is the final step.
• Also has the authority to defeat the recommendation.
Governance-Sponsored Proposal
(Convention Legislation), continued
Staff
Management
Council
Presidents
Council
• NCAA academic and membership affairs (AMA)
staff drafts the concept as a legislative proposal.
• Approve in legislative format.
• Has authority to not approve the legislative format.
• Approve in legislative format is the final step in a
properly sponsored proposal for Convention.
Other Types of Legislative
Proposals

Noncontroversial proposal.
 Change
is not controversial and is necessary for the
normal and orderly business of the division.
 Approval by Management Council in legislative form
equates to adoption.
 Carries an immediate effective date, unless otherwise
noted.
 Requires ratification at Convention.
NCAA Constitution 5.3.1.1.1
Other Types of Legislative
Proposals

Modification of Wording.
 Recommended
when sufficient documentation is
available to establish that the language of the
legislation is inconsistent with the intent.
 Approval by Management Council in legislative form
equates to adoption.
 Carries an immediate effective date, unless otherwise
noted.
 Requires ratification at Convention.
Constitution 5.4.1.1.1
Other Types of Legislative
Proposals

Incorporation.
 Official
interpretation incorporated into the legislation.
 Approval by Management Council in legislative form
equates to adoption.
 Carries an immediate effective date, unless otherwise
noted.
 Requires ratification at Convention.
Other Types of Legislative
Proposals

Administrative Regulations.
 Implementation
of policy established by the legislation
governing the general activities of the division.
 Approval by Presidents Council in legislative form
equates to adoption.
 Carries an immediate effective date, unless otherwise
noted.
Constitution 5.2.3.1
Other Types of Legislative
Proposals

Policy and Procedure.
 NCAA Division
II Committee on Infractions and
NCAA Division II Infractions Appeals Committee
have the authority to adopt or revise policies and
procedures for the conduct of the enforcement
program.
 Approval by Management Council.
 Carries an immediate effective date, unless otherwise
noted.
Constitution 5.2.3.3
Membership-Sponsored
Proposal



Two conferences on behalf of 16 member
institutions.
Sixteen member institutions.
Important dates:
15 – sponsorship.
 September 1 – amendment-to-amendment.
 July

Development of the proposal.
 Intent

and rationale.
Committee positions (Constitution 5.3.7).
The Interpretive Process
Primary Participants

The interpretations process is a shared responsibility.

Membership.

Institutions.

Conferences.

NCAA Interpretations Subcommittee of the
Division II Legislation Committee.

NCAA Division II Management Council.

NCAA national office.

AMA staff.
Member Institutions

Apply and enforce NCAA legislation and
interpretations.

Administer athletics programs in accordance with
the constitution, bylaws and other legislation of the
Association.

Request interpretations from AMA staff.
Member Conferences

Assist member institutions in applying NCAA
legislation.

Promote competitive equity by ensuring consistent
application of the rules.

Assist AMA staff by reducing volume of
interpretations requests.

Participate in AMA’s conference contact program.
Academic and Membership Affairs

Assists institutions and conferences in applying
legislation.

Authority to issue binding staff interpretations.

No authority to adopt or approve legislation.
Interpretations Subcommittee

Review staff determinations prior to publication on
LSDBi.

Authority to elevate to official interpretation.

Authority to recommend an official interpretation
be incorporated.

Appellate body for staff interpretations.
Interpretations Subcommittee
(continued)

Provide official interpretations in response to
requests from:
 Institutions and conferences.
 AMA staff.
 Governance structure.

Legislation Committee Policies and Procedures.
Management Council

Reviews official interpretations issued by
Legislation Committee.

Authority to issue official interpretations.
 Legislation Committee cannot revise a
Council-approved interpretation.

Appellate body for Legislation Committee
decisions.

Decisions are final.
Requesting Staff Interpretations
The Division II Interpretations Process
Contacting Academic and
Membership Affairs
 Initiates

the interpretations process.
Primary methods.

Telephone.
AMA operates the interpretations line from 9 a.m. to 5 p.m.
(Eastern time), Monday through Friday.
 Call needs to be placed by chancellor or president, director of
athletics, senior woman administrator, faculty athletics
representative or senior compliance officer.


Conference contact.
Every conference has an AMA contact.
 Conference office establishes expectations for use of contact.

Is the Issue Interpretive?

An issue is not interpretive if:
 The plain meaning of the legislation is clear on
its face;
 The legislative history clearly addresses the
situation;
 Legislative history includes intent and
rationale;
OR
 Published official interpretation clearly addresses
the situation.
The Issue is Not Interpretive

If the issue is not interpretive:

Staff answers the question.
 Staff is not “interpreting” the legislation.
Students-First Philosophy

Considers impact on all student-athletes.

Keeps student-athlete at center of decision-making
process.

Requires obtaining as much information as possible.

Case-by-case review of fact-sensitive situations.
Process


Will intent behind rule be compromised?

Intended to address these facts?

Intended to apply to these individuals?
Does the legislation clearly address the situation?

Includes legislative history and interpretations.
Process


AMA staff has authority to issue binding staff
interpretations.
Interpretations staff meets weekly.
Response Types
The Division II Interpretations Process
Staff Confirmations

Not an “interpretation.”

The legislation or an official interpretation is
responsive to the inquiry.

Published to reiterate application of legislation for
future reference.

Binding on all members.

Actions contrary to staff confirmations are
considered rules violations.
Staff Determinations

Is an “interpretation.”

Issued when:
 An issue or fact situation is not addressed clearly
by the legislation or an official interpretation; and
 The issue is one of national significance.

Immediately binding on institution asking the
question.

Binding on membership once approved by the
Interpretations Subcommittee and published on
LSDBi.
Staff Determinations (continued)

Prior actions by the institution asking the question
that are contrary to the staff determination are not
rules violations.

Actions by other institutions prior to publication of
an Interpretations Subcommittee-approved staff
determination are not rules violations.
Institutional Discretion

Institutional discretion:
 AMA offers guidance.

Allows institution to make the call.

Provided when an issue:

Is not clearly addressed by the legislation or
an official interpretation; and

Is not one of national significance.
Appellate Opportunities
The Division II Interpretations Process
What If I Disagree?

If you disagree with an interpretive response from a
staff member (e.g., on phones), ask for the issue to
be presented at a staff meeting.

Staff may ask institution to provide additional
information.


Explain basis for disagreeing with staff
member.
Staff meets weekly.
Appealing Staff Interpretations

Staff interpretations can be appealed to Interpretations
Subcommittee.
 Institution must present an interpretive basis for the
appeal.
 Appeal must be filed by chancellor or president,
director of athletics, senior woman administrator,
faculty athletics representative or senior compliance
officer.
Constitution 5.4.1.2.1.1.

Policies and procedures are available on the
committee’s page of www.ncaa.org.
Interpretations Subcommittee
Decisions

Can agree or disagree with staff position.

May answer question without publishing an
interpretation.

May publish an official interpretation.

May direct staff to publish a staff interpretation.

May forward recommendation to another
committee.
Interpretations Subcommittee
Decisions (continued)

Official interpretation.

Binding on all institutions, regardless of
knowledge.

Confirmation.


Binding regardless of when the activity
occurred.
Determination.

Binding from the publication date forward.
Appealing Subcommittee
Interpretations

Interpretations Subcommittee interpretations can be
appealed to the Management Council.


Policies and procedures are available on the
Council’s page of www.ncaa.org.
Decision is final.

Constitution 5.4.1.2.1.2.
Example
Institution seeks clarification from
conference office on application of
Bylaw 16.1.4.4.
Conference sends the interpretive
request to NCAA-AMA conference
contact.
AMA conference contact confirms
that a student-athlete may not
contribute to the purchase of awards.
Example (continued)
Institution asks that the issue be
taken to the full AMA interpretive
staff.
Full staff confirms the previous
answer and application of the
legislation.
Institution appeals the interpretation
to the Interpretations Subcommittee
of the Legislation Committee.
Example (continued)
Institution’s director of athletics submits
the appellate letter which includes the
interpretive argument.
Subcommittee reviews the institution’s
position and staff position and upholds
the staff interpretation.
Institution exercises the final appellate
opportunity and submits the request to
the Division II Management Council.
Example (continued)
Management Council may only overturn
committee’s decision under specific
conditions.
Management Council upholds staff
interpretation. Provides relief based on
widespread misapplication. Must adhere to
the legislation going forward.
Referral to Legislation Committee for
possible amendment to the legislation.
Effect on Waivers, Reinstatement
and Enforcement
The Division II Interpretations Process
Consider Your Options

Before requesting reinstatement, submitting a self-report or
requesting a waiver of NCAA legislation, what must the institution
acknowledge?


That the legislation or interpretations apply to and prohibit the
activity.
Once an institution requests reinstatement, submits a self-report or
requests a waiver of NCAA legislation they are:

Precluded from requesting an interpretation of NCAA
legislation at issue.

Exception for new information that could not reasonably
have been ascertained prior to the request or submission.
Consider Your Options
• Facts.
• Research.
• Discussion.
Issue
Interpretations
• Staff.
• Appeals?
• Permissible.
• Waiver.
• Student-athlete
reinstatement.
• Self-report.
Outcome
Example

Institution calls the NCAA interpretive hotline to get
an interpretation on whether or not one of its
student-athletes has received an extra benefit.

The NCAA staff member indicates that, based on
the facts provided, the student-athlete has received
an extra benefit in violation of NCAA legislation.

The institution decides to confirm this answer with
its NCAA conference contact.
Example (continued)

The NCAA conference contact provides the same
interpretation (violation).

Institution proceeds with student-athlete reinstatement
and receives the staff decision regarding reinstatement
conditions.

Once the reinstatement decision is provided, the
institution determines it disagrees with the staff
interpretation of the rules and that a violation has not
occurred.
Consider Your Options
• Facts.
• Research.
• Discussion.
Issue
Interpretations
• Staff.
• Appeals?
• Permissible.
• Waiver.
• Student-athlete
reinstatement.
• Self-report.
Outcome
LSDBi
Using The System To Your Advantage
LSDBi Overview


Proposals.
Legislation.
 Conducting

Interpretations.
 Tips


a legislative history.
and tricks.
Educational Columns.
Dedicate the time and you will have success.
Proposals


LSDBi contains proposals back to the 1995
legislative cycle.
Use dates in italics at the end of each bylaw to
search for history.
 What
does it mean when no dates appear?
 How can you use the dates to determine what type of
proposal amended the legislation?

Use the intent and rationale to assist in interpretive
analysis.
Legislation


Each bylaw is connected to associated proposals,
interpretations and educational columns.
Proposals that amended each bylaw can be used to
develop the history.
 Intent
and rationale statements are key components to
history.

Notice an error?
 Please
submit a change request!
Educational Columns and Hot
Topics
Educational Columns
Hot Topics
Based on
Legislation and official and staff interpretations
applicable at the time of publication.
Intent
Assist membership with correct application of legislation and
interpretations by providing clarifications, reminders and examples.
Effect
Binding on membership to the extent that the legislation and
interpretations on which they are based remain applicable.
May require self-reporting of violations.
Frequency
Posted on a regular basis
to address a variety of issues.
Posted as necessary to address
timely issues.
QUESTIONS?