2022 NCAA CONVENTION DIVISION II SECOND PUBLICATION OF PROPOSED LEGISLATION - 116th Annual Convention January 19-22, 2022 Indianapolis, Indiana ...
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2022 NCAA
LEGISLATION
CONVENTION
DIVISION II SECOND
PUBLICATION OF
PROPOSED
LEGISLATION
116th Annual Convention
January 19-22, 2022
Indianapolis, IndianaTHE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
P.O. Box 6222
Indianapolis, Indiana 46206-6222
317-917-6222
www.ncaa.org
September 2021
Legislation Prepared By: Stephanie Quigg, Director of Academic and Membership Affairs for Division II; Chelsea
Hooks, Associate Director of Academic and Membership Affairs for Division II; and Jordan Lysiak, Assistant Director of
Academic and Membership Affairs.
NCAA, NCAA logo and NATIONAL COLLEGIATE ATHLETIC ASSOCIATION are registered marks of the Association and
use in any manner is prohibited unless prior approval is obtained from the Association.
Date Printed: 01/10/2022 iiSecond Publication of Proposed Legislation
116th Annual Convention
This publication presents all proposed amendments to NCAA Division II legislation that were properly submitted in
accordance with the September 1 deadline in the NCAA legislative calendar. The proposals herein appear in the order
in which they would appear, if adopted, in the NCAA Division II Manual. No attempt has been made to place them in
topical groupings or in the order in which they eventually might appear in the NCAA Convention agenda. Each
proposal is accompanied not only by the traditional statement of intent and proposed effective date, but also by a
statement of rationale.
The order of the membership-sponsored proposal(s) in the Initial Publication of Proposed Legislation has
changed in the Second Publication of Proposed Legislation. The order of the nine proposals in the second
publication will change in the Official Notice. The numeral 2 has been placed in front of the proposal number to help
identify its position in the second publication. In addition, for each proposal that appeared in the initial publication, a
parenthetical follows the proposal number, which identifies the proposal's number as it appeared in the Initial
Publication of Proposed Legislation.
No new proposals may be submitted for the 2022 Convention inasmuch as the July 15 and September 1 deadlines
have passed. Member institutions and conferences, as well as the Division II Presidents Council, have until 5 p.m.
Eastern time November 1 to submit amendments to these proposals. Such amendments-to-amendments may not
increase the modification set forth in the printed proposal. Amendments-to-amendments submitted by the
membership must have eight sponsors from active member institutions in Division II. In addition, amendments-to-
amendments may be sponsored by at least one member conference (on behalf of eight or more of their active
member institutions) in Division II. It should be noted that an amendment-to-amendment of a dominant provision of
Constitution 1 and 2 and elsewhere may only be sponsored by the Board of Governors. It should also be noted that
proposals that are withdrawn after the September 15 sponsor-modification deadline appear in the Second Publication
of Proposed Legislation; however, information will be included in the Official Notice to indicate the sponsor's intent to
withdraw the proposal at the Convention.
Member institutions and conferences are encouraged to request interpretations of the proposed legislation in this
Second Publication of Proposed Legislation. Refer to Appendix B for information about how to request an
interpretation.
This publication represents the second of three publications dealing with Convention legislation, as dictated by the
provisions of Constitution 5. The third publication will be as follows:
November 15 - Official Notice of the 2022 Convention. This publication will contain all Division II legislation for
the Convention, including all amendments-to-amendments and resolutions submitted by the November 1
deadline.
Date Printed: 01/10/2022 iii2021-22 Legislative Calendar The legislative calendar, as set forth in Constitution 5, is summarized here for convenience of reference. July 15: Deadline for submission of amendments by the Division II membership. Each amendment must include a statement of intent and a separate statement of rationale (200 words or less), as well as identification of the designated primary contact person. July 15: Legislation Committee Review. The committee reviews proposals by the membership and works with the primary contact person for each amendment to ensure that the proposal meets the intent of the sponsor, to ensure that the placement of the amendment is consistent with the organizational integrity of the Manual, and to edit the intent and rationale statements of the sponsors for clarity and brevity. August 4: Presidents Council Consideration. The NCAA Division II Presidents Council considers legislative proposals that it may wish to sponsor. August 13: Posting of Initial Publication of Proposed Legislation. August 15-September 15: Sponsor-Modification Period. Sponsors are permitted to refine and change their proposals in any manner germane to the original proposal. Member institutions and conferences are invited to offer any suggested revisions of a proposal to the primary contact person listed with the proposal. Additionally, members that believe an amendment should not be modified should so inform the primary contact person. August 25: NCAA Division II Administrative Committee Videoconference. On behalf of the Presidents Council, the Administrative Committee reviews the amendments submitted by the membership in accordance with the July 15 deadline. See "July 15" above. The Administrative Committee will review these amendments to determine co- sponsorship and to determine committee review assignments. The Administrative Committee also reviews all amendments to be included on the 2022 NCAA Convention agenda for placement in the 2022 NCAA Convention Division II Official Notice. September 1: Deadline for submission of amendments sponsored by the Presidents Council. September 15: Deadline for submission by all sponsors (with submission by the primary contact person) of any modification to their original amendments. These modifications may represent either greater or lesser changes; they need only be germane to the original proposal. September 23: Posting of Second Publication of Proposed Legislation. This publication includes all Division II membership-sponsored proposals (as modified) and includes all proposals sponsored by the Presidents Council. September 23-November 1: Amendment-to-Amendment Period. The Presidents Council as well as the membership (see Constitution 5.3.4.2) may submit amendments to the Division II proposals in the SPOPL. These amendments-to-amendments may not increase the modification of the provisions to be amended; they must fall between the provisions of the circularized amendment and the current provisions. October 7: Deadline for Committee review. Any Association-wide and/or Division II committee charged by the Administrative Committee to evaluate a membership-sponsored amendment must complete its evaluation not later than October 7. The committee must then report the results of its review to the Management Council. The Management Council will review each committee's evaluation at its October videoconference. If the committee issued a position statement, the position must be publicized in the Official Notice. November 1: Deadline for all resolutions and amendments-to-amendments to be received in the national office. No amendments-to-amendments sponsored by the membership may be submitted after this date. The Presidents Council and Board of Governors are authorized to submit further amendments-to-amendments and resolutions at the Convention if it deems such action necessary. November 15: Posting of the Official Notice of the Convention. This publication includes all Division II proposed legislation, resolutions and properly submitted amendments-to-amendments. January 19-22, 2022: NCAA Convention. All delegates have the opportunity to download the NCAA Events app prior to the Convention. The NCAA Events app contains the most up-to-date schedule and other helpful Convention information. Date Printed: 01/10/2022 iv
Division II Legislation Committee
Chair - Carlin Chesick, Pennsylvania State Athletic Conference
Brenda Cates, University of Mount Olive
John Michael Etheridge, Kentucky State University
Audra Kedy, Great American Conference
Diana Kling, Peach Belt Conference
Kara Lindaman, Winona State University
Christine Lowthert, Assumption College
Pennie Parker, Rollins College
Jason Stock, California State University, San Marcos
Melinda Terry, St. Edward's University
Date Printed: 01/10/2022 v116th Annual Convention
Legislative Proposals Submitted by the NCAA Division II Presidents Council and by the Division II Membership
[Note: Pursuant to Constitution 5.3.12, all amendments shall become effective not earlier than the first day of
August following adoption by the Convention; however, if a voting delegate wishes to propose an immediate
effective date, or to propose any other effective date prior to the first day of August, a two-thirds majority of all
delegates present and eligible to vote on the amendment is required to approve the immediate or alternative
effective date. Further, all amendments with an effective date other than the first day of August following the
Convention will contain in the rationale statement reasons for such an effective date. Those proposals that receive
the required vote to carry an immediate effective date and that are adopted, become effective upon adjournment of
the Convention.]
[Note: In the following proposals:
• Those letters and words that appear in italics and strikethrough are to be deleted;
• Those letters and words that appear in bold and underlined are to be added; and
• Those letters and words that appear in normal text are unchanged from the current Division II legislation.]
Date Printed: 01/10/2022 viPresidents Council Grouping
[Note: The proposals below will be voted on at the Division II business session January 22, 2022, beginning at 8:00
a.m., Eastern time in the Indianapolis Marriott Downtown, Marriott Ballroom.]
No. 2-1 LEGISLATIVE AUTHORITY AND PROCESS -- EMERGENCY LEGISLATION, SPECIAL CONVENTION AND
RESOLUTIONS
Intent: To amend the legislative authority and process to: (1) specify that the Presidents Council shall have authority
to adopt emergency legislation when significant values or harm are at stake and the use of the regular legislative
cycle is likely to cause undue hardship to the Association or the Division II membership because of the delay in its
effective date; (2) reduce the special Convention sponsorship deadlines for division dominant and federated
provision amendments sponsored by the Presidents Council from 90 days to 30 days; (3) specify that the
Presidents Council shall have authority to sponsor and adopt resolutions at any time; and (4) specify that
resolutions adopted by the Presidents Council shall be ratified by the Division II membership at the next regularly
scheduled NCAA Convention.
A. Constitution: Amend 5.3.1.1.2, as follows:
[Division II, Roll Call]
5.3.1.1.2 Emergency Legislation. The Presidents Council may adopt "emergency" legislation that shall be effective
immediately in situations when the NCAA must respond to, or comply with, a court, alternative dispute resolution (ADR)
or government order or, when the Presidents Council deems it appropriate to limit or avoid NCAA liability as a result of
litigation, ADR or governmental proceedings significant values or harm are at stake and the use of the regular
legislative cycle is likely to cause undue hardship to the Association or the Division II membership because of the
delay in its effective date (e.g., immediate health and safety concerns or issues, situations when NCAA must
respond to, or comply with, a court, alternative dispute resolution (ADR) or government order, to limit or avoid NCAA
liability as a result of litigation, ADR or governmental proceedings). Such "emergency" legislation shall be adopted by
at least a three-fourths majority of the members of the Presidents Council present and voting. Further, "emergency
legislation" adopted by the Presidents Council must be ratified by the Division II membership at the next regularly
scheduled NCAA Convention.
B. Constitution: Amend 5.3.5.2, as follows:
[Division II, Roll Call]
5.3.5.2 Division Dominant Provisions.
5.3.5.2.1 Amendments. Amendments to division dominant provisions shall be sponsored by the appropriate
divisional presidential administrative group in accordance with the following deadlines:
[5.3.5.2.1-(a) unchanged.]
(b) Special Convention -- NinetyThirty days before a special Convention.
[5.3.5.2.1.1 unchanged.]
5.3.5.2.2 Amendments-to-Amendments. The appropriate divisional presidential administrative group must submit
amendments to its original amendments in writing and such amendments must be submitted not later than 5
p.m. Eastern time September 15, unless the amendment-to-amendment does not increase the modification
specified in the original. Any amendment-to-amendment submitted after September 15 shall not increase the
modification of the original and must be submitted in writing not later than 5 p.m. Eastern time November 1
before an annual Convention or 6020 days before a special Convention. A divisional presidential administrative
group may propose amendments-to-amendments at the time of the Convention without meeting these procedural
requirements, provided the amendment-to-amendment has been approved by two-thirds of the divisional
presidential administrative group and copies are distributed before or during the appropriate business session.
C. Constitution: Amend 5.3.5.3, as follows:
[Division II, Roll Call]
5.3.5.3 Legislation.
5.3.5.3.1 Amendment. Deadline dates for receipt at the national office of proposed amendments are as follows:
Date Printed: 01/10/2022 1[5.3.5.3.1.1 unchanged.]
5.3.5.3.1.2 Amendments Sponsored by Presidents Council.
[5.3.5.3.1.2-(a) unchanged.]
(b) Special Convention -- NinetyThirty days before a special Convention.
[5.3.5.3.1.2.1 unchanged.]
5.3.5.3.2 Amendment-to-Amendment. Sponsors of proposed amendments must submit amendments to their
original amendments in writing and such amendments-to-amendments must be received at the Association's
national office not later than 5 p.m. Eastern time September 15, unless the amendment-to-amendment does not
increase the modification specified in the original. Any amendment-to-amendment submitted after September 15
shall not increase the modification of the original and must be submitted in writing and received at the
Association's national office not later than 5 p.m. Eastern time November 1 before an annual Convention or 6020
days before a special Convention.
[5.3.5.3.2.1 unchanged.]
[5.3.5.3.3 unchanged.]
D. Constitution: Amend 5.3.6, as follows:
[Division II, Roll Call]
5.3.6 Notification to Membership.
[5.3.6.1 unchanged.]
5.3.6.2 Amendments to Division Dominant Provisions.
5.3.6.2.1 Initial Publication. Amendments to division dominant provisions sponsored by a divisional
presidential administrative group shall be published for the information of the membership as follows:
[5.3.6.2.1-(a) unchanged.]
(b) Not later than 7525 days before a special Convention.
5.3.6.2.2 Official Notice. A copy of the proposed amendments shall be mailed to members of the appropriate
division not later than November 15 before an annual Convention or 4515 days before a special Convention.
[5.3.6.2.3 through 5.3.6.2.4 unchanged.]
5.3.6.3 Amendments to Legislation.
5.3.6.3.1 Initial Publication. Proposed amendments shall be published for the information of the appropriate
division as follows:
[5.3.6.3.1-(a) through 5.3.6.3.1-(b) unchanged.]
(c) Not later than 7525 days before a special Convention -- All proposed amendments.
5.3.6.3.2 Official Notice. A copy of the proposed amendments shall be mailed to members of the appropriate
division not later than November 15 before an annual Convention or 4515 days before a special Convention.
[5.3.6.3.3 through 5.3.6.3.4 unchanged.]
E. Constitution: Amend 5.4.2, as follows:
[Division II, Roll Call]
5.4.2 Resolutions.
[5.4.2.1 through 5.4.2.3 unchanged.]
5.4.2.4 Division Dominant Provisions.
5.4.2.4.1 Sponsorship. A resolution related to a division dominant provision may be sponsored by the
appropriate divisional presidential administrative group.
Date Printed: 01/10/2022 25.4.2.4.2 Submission Deadline and Voting Requirement. A proposed resolution related to a division dominant
provision must be submitted before November 1. A divisional presidential administrative group may sponsor
resolutions at the time of the Convention without meeting this deadline, may be sponsored and adopted at any
time provided the proposed resolution has been approved by a two-thirds majority vote of that presidential
administrative group and copies are distributed during the appropriate division business sessions.
5.4.2.4.3 Voting RequirementsRatification - Annual/Special Convention. Ratification of a resolution of a
division dominant provision shall require a majority vote of the delegates of the applicable division present
and voting at the next annual or special Convention.
[5.4.2.4.3.1 through 5.4.2.4.3.2 unchanged.]
5.4.2.5 Federated Provisions.
5.4.2.5.1 Sponsorship. A resolution related to a federated provision may be sponsored by:
[5.4.2.5.1-(a) through 5.4.2.5.1-(c) unchanged.]
5.4.2.5.2 Submission Deadline. A proposed resolution related to a federated provision must be submitted in
writing to the national office before November 1.
5.4.2.5.2.1 Exception and Voting Requirement. The applicable Presidents Council may sponsor and
adopt resolutions at the time of the Convention without meeting this deadline, provided the proposed
resolution has been approved by a two-thirds vote of the Presidents Council and copies are distributed
before or during the business sessionsany time provided the proposed resolution has been approved by
a two-thirds majority vote of that presidential administrative group.
[5.4.2.5.3 unchanged.]
5.4.2.5.4 Ratification and Voting Requirements.
5.4.2.5.4.1 Ratification - Annual/Special Convention. Ratification of a resolution of a federated
provision shall require a majority vote of the delegates of the applicable division present and voting at
the next annual or special Convention.
5.4.2.5.4.12 Adoption of Membership Resolutions -- Annual/Special Convention. Adoption of a resolution
sponsored by fifteen or more active institutions with voting privileges or at least two member
conferences on behalf of 15 or more active member institutions with voting privileges shall require a
majority vote of the delegates of the applicable division present and voting at an annual or special
Convention.
5.4.2.5.4.2 Mail Ballot. If a majority of the delegates of the applicable division present and voting so direct,
a resolution shall be referred to the members of the applicable division for a mail vote conducted by the
officers under conditions approved by the Presidents Council. A two-thirds majority of members of the
applicable division voting in any such mail vote shall be required for the enactment of the legislation
proposed in the resolution.
Source: NCAA Division II Presidents Council (Management Council).
Effective Date: Immediate
Rationale: Current legislation grants the Presidents Council (or, in the interim between meetings of the Presidents
Council and Management Council, the Administrative Committee) the authority to adopt emergency legislation
and resolutions that are temporary in nature. The Presidents Council is also authorized to call a special
Convention of Division II to vote on amendments to division dominant and federated provisions. If an issue does
not meet the current legislated definition of emergency legislation, or the requirements for a resolution, the only
legislative option available to the Presidents Council for immediate adoption is noncontroversial legislation. The
division's response to COVID-19 illustrated examples where the division needed to act immediately but the action
did not fit under the scope of the emergency authority, or the requirements for a resolution. This recommendation
would enhance the current scope of emergency legislation so that the division can act accordingly. In addition, the
change would permit adoption of a resolution at any time, while still requiring final ratification at the Convention.
Finally, with advances in technology and possible situations that require a more expedient resolution, it is possible
to arrange for a special Convention in a much shorter period, if needed.
Frequently Asked Questions:
Question No. 1: What is the current legislation?
Date Printed: 01/10/2022 3Answer: Current legislation grants the Presidents Council (or, in the interim between meetings of the Presidents Council and Management Council, the Administrative Committee) the authority to take the following actions, outside of sponsoring legislation for the NCAA Convention: (1) Adopt noncontroversial legislation clearly necessary to promote the normal and orderly administration of the division's legislation [Constitution 4.3.2-(e)]; (2) Grant relief (or waivers) from the application of legislation in circumstances in which significant values are at stake or the use of the regular legislative process is likely to cause significant harm or hardship to the Association or the Division II membership because of the delay in its effective date [Constitution 4.3.2-(f)]; and (3) Adopt emergency legislation in situations where the NCAA must respond to, or comply with, a court, alternate dispute resolution (ADR) or government order or when the Council deems it appropriate to limit or avoid NCAA liability (Constitution 5.3.1.1.2). [Note: If a legislative action does not meet the legislated definition of emergency legislation, the only legislative option available to the Presidents Council for immediate adoption is noncontroversial legislation.] Question No. 2: How will this proposal change the current legislation? Answer: If adopted, this proposal will amend the legislative authority and process to: (1) Specify that the Presidents Council shall have the authority to adopt emergency legislation when significant values or harm are at stake and the use of the regular legislative cycle is likely to cause undue hardship to the Association or the Division II membership because of the delay in its effective date; (2) Reduce the special Convention sponsorship deadlines for division dominant and federated provision amendments sponsored by the Presidents Council from 90 days to 30 days; and (3) Specify that the Presidents Council shall have authority to sponsor and adopt resolutions at any time with those resolutions being ratified by the Division II membership at the next regularly scheduled NCAA Convention. Date Printed: 01/10/2022 4
Recruiting, Eligibility and Financial Aid
No. 2-2 RECRUITING, ELIGIBILITY AND FINANCIAL AID -- TRANSFER REGULATIONS -- FOUR-YEAR COLLEGE
TRANSFERS -- EXCEPTIONS FOR TRANSFERS FROM FOUR-YEAR COLLEGES -- NOTIFICATION OF
TRANSFER, ONE-TIME TRANSFER EXCEPTION AND FINANCIAL AID LEGISLATION
Intent: To amend the notification of transfer, one-time transfer exception and financial aid legislation, as follows: (1)
require an undergraduate transfer student-athlete to complete an educational module related to transferring
before the institution may enter the student-athlete's information into the NCAA Transfer Portal; (2) eliminate the
previous institution's ability to object to use of the one-time transfer exception; (3) require the head coach of the
certifying institution and the student-athlete to certify in writing that no athletics staff member or other
representative of the institution's athletics interest communicated or made contact with the student-athlete, or
any individual associated with the student (e.g., family member, scholastic or nonscholastic coach, advisor),
directly or indirectly, without first obtaining authorization through the notification of transfer process; (4) establish
June 15 as the date by which a student-athlete must provide written notification of transfer to the institution in
order to utilize the one-time transfer exception (not applicable to midyear transfers); and (5) permit institutions to
reduce or cancel an athletics aid agreement previously signed for the next academic year.
A. Bylaws: Amend 13.1, as follows:
[Division II, Roll Call]
13.1 Contacts and Evaluations. Recruiting contacts (per Bylaw 13.02.3) and telephone calls with a prospective
student-athlete (or the prospective student-athlete's relatives or legal guardians) by institutional staff members,
enrolled student-athletes and/or representatives of the institution's athletics interests are subject to the provisions set
forth in this bylaw. [D]
13.1.1 Contactable Prospective Student-Athletes.
[13.1.1.1 unchanged.]
13.1.1.2 Four-Year College Prospective Student-Athletes. An athletics staff member or other representative of the
institution's athletics interests shall not communicate or make contact with the student-athlete of an NCAA
Division II institution, or any individual associated with the student-athlete (e.g., family member scholastic or
nonscholastic coach, advisor), directly or indirectly, without first obtaining authorization through the notification
of transfer process. Before making contact, directly or indirectly, with a student-athlete of an NCAA Division I or
Division III institution, an athletics staff member or other representative of the institution's interest shall comply
with the rule of the applicable division for making contact with a student-athlete. Before making contact, directly
or indirectly, with a student-athlete at an NAIA institution, the Division II institution's director of athletics (or an
individual designated by the director of athletics) must send notification of recruitment to the NAIA institution. [D]
13.1.1.2.1 Notification of Transfer. A student-athlete may initiate the notification of transfer process by
providing their institution with a written notification of transfer at any time. The student-athlete
must complete an educational module related to transferring before the institution may enter the student-
athlete's information into the national transfer database. The student-athlete's institution shall enter their
information into the NCAA Transfer Portal within seven-consecutive calendar days of receipt of a written
notification of transfer from the student-athlete or receipt of confirmation of the student-athlete's
completion of the educational module, whichever occurs later. [D]
[13.1.1.2.2 through 13.1.1.2.5 unchanged.]
[13.1.2 through 13.1.8 unchanged.]
B. Bylaws: Amend 14.5.5, as follows:
[Division II, Roll Call]
14.5.5 Four-Year College Transfers. See Bylaw 13.1.1.2 for prohibition against contacting student-athletes of another
four-year collegiate institution without first obtaining authorization through the notification of transfer process. (See
Bylaw 14.4 for progress-toward-degree requirements for transfer student-athletes.)
14.5.5.1 General Rule. A transfer student from a four-year institution shall not be eligible for intercollegiate
competition at a member institution until the student has fulfilled a residence requirement of one full academic
year (two full semesters or three full quarters) at the certifying institution (see Bylaw 14.02.14).
Date Printed: 01/10/2022 5[14.5.5.1.1 through 14.5.5.1.2 unchanged.]
[14.5.5.2 unchanged.]
14.5.5.3 Exceptions for Transfers From Four-Year Colleges. A transfer student (other than one under disciplinary
suspension per Bylaw 14.5.1.1) from a four-year collegiate institution is not subject to the residence requirement
for intercollegiate competition, provided the student does not have an unfulfilled residence requirement at the
institution from which they are transferring (except for the return to the original institution without participation
exception) and any of the following exceptions are satisfied. However, during the student-athlete’s first academic
year of full-time collegiate enrollment, such conditions may serve as a basis for an exception to the residence
requirement for transfer students to a Division II institution who, at the time of initial collegiate enrollment, met
the requirements for "qualifiers" (set forth in Bylaw 14.3.1.1) in Division II. See Bylaw 14.5.5.1.2.1 for additional
information regarding the eligibility of a 2-4-4 transfer who attended the initial four-year institution for less than
one academic year.
[14.5.5.3.1 through 14.5.5.3.8 unchanged.]
14.5.5.3.9 One-Time Transfer Exception. The student transfers to the certifying institution from another four-
year collegiate institution, and all of the following conditions are met (for graduate students, see Bylaw
14.1.8.1):
[14.5.5.3.9-(a) through 14.5.5.3.9-(b) unchanged.]
(c) If the student is transferring from an NCAA or NAIA member institution, the student's previous institution
shall certify in writing that it has no objection to the student being granted an exception to the transfer
residence requirement. If an institution receives a written request for a release from a student-athlete, the
institution shall grant or deny the request within 14 consecutive calendar days of receipt of the request. If
the institution fails to respond to the student-athlete's written request within 14 consecutive calendar days,
the release shall be granted by default and the institution shall provide a written release to the student-
athleteThe head coach of the certifying institution and the student shall certify that no athletics staff
member or other representative of the institution’s athletics interest communicated or made contact
with the student-athlete, or any individual associated with the student (e.g., family member, scholastic
or nonscholastic coach, advisor), directly or indirectly, without first obtaining authorization through the
notification of transfer process (see Bylaw 13.1.1.2).
(d) The student must provide written notification of transfer to the institution by June 15.
[14.5.5.3.9-(d) relettered as 14.5.5.3.9-(e), unchanged.]
14.5.5.3.9.1 Hearing Opportunity. If the student's previous institution denies their written request for the
release, the athletics director (or their designee) shall inform the student-athlete in writing, within 14
consecutive calendar days from receipt of a student-athlete's written request, that they, on request, shall be
provided a hearing conducted by an institutional entity or committee outside of the athletics department
(e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty
athletics representative, student-athletes and nonathletics faculty/staff members). The notification of the
hearing opportunity shall include a copy of the institution's policies and procedures for conducting the
required hearing, including the deadline by which a student-athlete must request such a hearing. The
institution shall conduct the hearing and provide written results of the hearing within 30 consecutive
calendar days of receiving a student-athlete's written request for the hearing. The student-athlete shall be
provided the opportunity to actively participate (e.g., in person, via telephone) in the hearing. If the
institution fails to conduct the hearing and provide written results of the hearing within 30 consecutive
calendar days, the release shall be granted by default and the institution shall provide a written release to
the student-athlete.
14.5.5.3.9.1.1 Failure to Provide Appeal Policies and Procedures. If the institution fails to provide the
policies and procedures for conducting the required hearing within 14-consecutive calendar days from
receipt of a student-athlete's written request, the release shall be granted by default and the institution
shall provide a written release to the student-athlete.
14.5.5.3.9.1 Application of Notification Dates to Midyear Transfers. A midyear transfer student-athlete
is not required to have provided notification of transfer to the institution by the notification deadline in
the previous academic year.
[14.5.5.3.9.2 unchanged.]
[14.5.5.4 unchanged.]
Date Printed: 01/10/2022 6C. Bylaws: Amend 15.5, as follows:
[Division II, Roll Call]
15.5 Terms and Conditions of Awarding Athletics Aid.
[15.5.1 through 15.5.3 unchanged.]
15.5.4 Reduction and Cancellation during Period of Award.
15.5.4.1 Reduction or Cancellation Permitted. Athletics aid may be reduced or canceled during the period of the
award, if the recipient:
[15.5.4.1-(a) through 15.5.4.1-(d) unchanged.]
(e) Provides written notification of transfer (see Bylaw 13.1.1.2.1) to the institution; however, the student-
athlete’s athletics aid may not be reduced or canceled until the end of the academic year in which written
notification of transfer is received. An institution may reduce or cancel an athletics aid agreement signed
for the next academic year if a student-athlete provides written notification of transfer.
[15.5.4.1.1 through 15.5.4.1.3 unchanged.]
[15.5.4.2 unchanged.]
15.5.4.3 Reduction or Cancellation Not Permitted. Athletics aid may not be decreased or canceled during the
period of its award:
[15.5.4.3-(a) through 15.5.4.3-(b) unchanged.]
(c) If a student-athlete provides written notification of transfer (see Bylaw 13.1.1.2.1); however, an institution
may reduce or cancel an athletics aid agreement signed for the next academic year if a student-
athlete provides written notification of transfer (see Bylaw 15.5.4.1).
[15.5.4.3-(c) relettered as 15.5.4.3-(d), unchanged.]
[15.5.4.3.1 through 15.5.4.3.3 unchanged.]
[15.5.5 through 15.5.7 unchanged.]
Source: NCAA Division II Presidents Council [Management Council (Legislation Committee)].
Effective Date: Immediate, for student-athletes transferring for the 2022-23 academic year, and thereafter.
Rationale: This proposal addresses the evolving transfer landscape by balancing student-athlete well-being and
institutional enrollment management concerns. To encourage informed transfer decisions, a transferring
undergraduate student-athlete will be required to complete a mandatory educational module before a notification
of transfer may be entered into the Transfer Portal. To further deter the impermissible influence on a student-
athlete's desire to transfer, an institution's head coach and the student-athlete will be required to certify that no
contact occurred prior to the student-athlete's entry into the Transfer Portal. To provide stability and finality to
those impacted by transfer decisions, the proposal includes a uniform notification of transfer date (June 15) by
which a student-athlete must indicate intent to transfer in order to qualify for the one-time transfer exception to
ensure institutions can make necessary decisions for the upcoming academic year before the July 1 financial aid
renewal deadline. Additionally, this proposal permits an institution to cancel an athletics aid agreement signed for
the next academic year if a student-athlete requests to be entered in the Transfer Portal, while remaining
impermissible to reduce or cancel a student-athlete's athletics aid during the academic year in which the student-
athlete provides notification.
Frequently Asked Questions:
Notification of Transfer
Question No. 1: How does this proposal change the current legislation?
Answer: If adopted, this proposal will establish June 15 as the date by which a student-athlete must provide written
notification of transfer to the institution to utilize the one-time transfer exception (not applicable to midyear transfers).
Additionally, it will require an undergraduate transfer student-athlete to complete an educational module related to
transferring before the institution may enter the student-athlete’s information in the NCAA Transfer Portal.
Date Printed: 01/10/2022 7Question No. 2: Will all student-athletes have the same notification of transfer date? Answer: Yes. All Division II student-athletes, regardless of sport season, must provide written notification of transfer by June 15 to utilize the one-time transfer exception. Question No. 3: If a student-athlete provides their institution with written notification of transfer after June 15, will a student-athlete have access to the one-time transfer exception? Answer: No. The certifying institution may file a legislative relief waiver on behalf of the student-athlete. One-Time Transfer Exception Question No. 4: If adopted, is a student-athlete’s previous institution, regardless of Division or athletic association (e.g., NAIA), permitted to object to a student-athlete’s use of the one-time transfer exception? Answer: No. Financial Aid Question No. 5: If a student-athlete receives athletics aid during the 2022-23 academic year, has signed their renewal for the 2023-24 academic year and requests to be placed in the NCAA Transfer Portal, is it permissible for an institution to cancel the 2022-23 athletics aid agreement? Answer: No. If adopted, it would be impermissible for the institution to cancel the 2022-23 athletics aid agreement as the student-athlete is currently in the period of the award, unless any condition of Bylaw 15.5.4.1 (reduction or cancellation permitted) is satisfied. However, it would be permissible for the institution to cancel the athletics aid agreement signed for the 2023-24 academic year. Question No. 6: Is the June 15 deadline applicable to an institution’s ability to permissibly cancel a student-athlete’s athletic aid agreement for the next academic year? Answer: No. If a student-athlete requests to be placed in the NCAA Transfer Portal, it would be permissible for an institution to reduce or cancel an athletics aid agreement signed for the next academic year regardless of the June 15 date. The June 15 deadline is specific to a student-athlete’s ability to use the one-time transfer exception. Therefore, if a student-athlete provides written notification of transfer to their institution after June 15 (e.g., June 16), the student- athlete would not be eligible to use the one-time transfer exception; however, it would be permissible for the institution to reduce or cancel the student-athlete’s athletics aid agreement signed for the next academic year. Date Printed: 01/10/2022 8
Various Bylaws
No. 2-3 VARIOUS BYLAWS -- SICKLE CELL SOLUBILITY TEST -- ELIMINATION OF WRITTEN RELEASE
Intent: To eliminate the option for an individual (e.g., prospective student-athlete, student-athlete) to sign a written
release or waiver declining the sickle cell solubility test, as specified.
A. Bylaws: Amend 13.11, as follows:
[Division II, Roll Call]
13.11 Tryouts.
[13.11.1 unchanged.]
13.11.2 Permissible Activities.
13.11.2.1 Tryouts. A member institution may conduct a tryout of a prospective student-athlete only on its campus
or at a site at which it normally conducts practice or competition beginning June 15 immediately preceding the
prospective student-athlete's junior year in high school and only under the following conditions (see Bylaw
17.02.15 for tryouts of currently enrolled students):
[13.11.2.1-(a) through 13.11.2.1-(b) unchanged.]
(c) Prior to participation in a tryout, a prospective student-athlete is required to undergo a medical examination or
evaluation administered or supervised by a physician (e.g., family physician, team physician). A nurse
practitioner whose state medical licensure allows for health care practice independent of physician
supervision may complete the medical examination without supervision by a physician. The examination or
evaluation shall include a sickle cell solubility test (SST), unless documented results of a prior test are
provided to the institution or the prospective student-athlete declines the test and signs a written release. The
examination or evaluation must be administered within six months prior to participation in the tryout. The
medical examination or evaluation may be conducted by an institution's regular team physician or other
designated physician as a part of the tryout;
[13.11.2.1-(c)-(1) unchanged.]
[13.11.2.1-(d) through 13.11.2.1-(g) unchanged.]
[13.11.2.2 through 13.11.2.6 unchanged.]
[13.11.3 unchanged.]
B. Bylaws: Amend 17.02.15, as follows:
[Division II, Roll Call]
17.02.15 Tryouts -- Enrolled Student. A member institution may conduct a tryout of a full-time student currently
enrolled at the institution only on its campus or at a site at which the institution normally conducts practice or
competition during the regular academic year. (See Bylaw 13.11.2.1 for tryout regulations of a prospective student-
athlete.) The following conditions shall apply to a tryout of an enrolled student:
[17.02.15-(a) unchanged.]
(b) Health and Safety Requirements -- Medical Examination and Sickle Cell Solubility Test (SST). Prior to participation
in a tryout, a student is required to undergo a medical examination or evaluation administered or supervised by a
physician (e.g., family physician, team physician). The examination or evaluation shall include a sickle cell
solubility test (SST), unless documented results of a prior test are provided to the institution or the student
declines the test and signs a written release. The examination or evaluation must be administered within six
months prior to participation in the tryout. The medical examination or evaluation may be conducted by an
institution's regular team physician or other designated physician as a part of the tryout;
[17.02.15-(c) through 17.02.15-(f) unchanged.]
C. Bylaws: Amend 17.1.5, as follows:
[Division II, Roll Call]
Date Printed: 01/10/2022 917.1.5 Mandatory Medical Examination. Prior to participation in any practice, competition or out-of-season
conditioning activities (or, in Division I, permissible voluntary summer conditioning or individual workouts, or
permissible required summer athletic activities in basketball and football), student-athletes who are beginning their
initial season of eligibility and students who are trying out for a team shall be required to undergo a medical
examination or evaluation administered or supervised by a physician (e.g., family physician, team physician). A nurse
practitioner whose state medical licensure allows for health care practice independent of physician supervision may
complete the medical examination without supervision by a physician. The examination or evaluation must be
administered within six months prior to participation in any practice, competition or out-of-season conditioning
activities. In following years, an updated history of the student-athlete's medical condition shall be administered by an
institutional medical staff member (e.g., sports medicine staff, team physician) to determine if additional
examinations (e.g., physical, cardiovascular, neurological) are required. The updated history must be administered
within six months prior to the student-athlete's participation in any practice, competition or out-of-season conditioning
activities for the applicable academic year.
17.1.5.1 Sickle Cell Solubility Test. The examination or evaluation of student-athletes who are beginning their
initial season of eligibility and students who are trying out for a team shall include a sickle cell solubility test
(SST), unless documented results of a prior test are provided to the institution or the student-athlete declines the
test and signs a written release.
[17.1.5.2 unchanged.]
Source: NCAA Division II Presidents Council [Management Council (Committee on Competitive Safeguards and
Medical Aspects of Sports)].
Effective Date: August 1, 2022
Rationale: Relevant considerations related to the administration of sickle cell solubility tests, privacy burdens and
institutional management of the care of trait positive individuals have evolved since the adoption of the original
legislation, which permits an individual to sign a written release or waiver to "opt out" of test participation. The
legislation was intended to provide institutions with the flexibility to evaluate individual program risks and
practices and determine test participation requirements at the campus level. The NCAA Committee on
Competitive Safeguards and Medical Aspects of Sports noted that, since there is now an opportunity for schools
to efficiently and effectively manage the administrative and privacy burdens historically tied to testing, the
benefits related to the appropriate monitoring of sickle cell trait positive student-athletes support the idea of
consistent mandatory testing across institutions. It should be noted that the committee did not, as part of its
recommendation, intend that a positive sickle cell solubility test become the basis for any automatic grounds for
disqualification from athletics participation. Instead it recommended that test information be used by institutional
and other applicable medical staff to provide more individualized medical monitoring and care.
Frequently Asked Questions:
Question No. 1: What is the current legislation?
Answer: The following individuals must undergo a medical examination or evaluation, which includes a sickle cell
solubility test, unless documented results of a prior test are provided or the individual declines the test and signs a
written release:
(1) Prospective student-athletes and currently enrolled students prior to participation in a tryout; and
(2) Student-athletes prior to their initial season of eligibility.
See Bylaws 13.11.2.1-(c) (tryouts), 17.02.15-(a) (tryouts – enrolled students) and 17.1.5.1 (sickle cell solubility test)
Question No. 2: How does this proposal change the current legislation?
Answer: If adopted, prospective student-athletes, student-athletes in their initial season of eligibility and currently
enrolled students would no longer have the option to sign a written release declining a test or confirmation of sickle
cell trait status.
Question No. 3: If adopted, how would the effective date apply?
Answer: The proposal’s effective date is August 1, 2022, and it is not retroactive. Specifically, an individual who
previously signed a waiver declining confirmation of sickle cell trait status before August 1, 2022, would not be
required to provide documented sickle cell solubility test results prior to participation.
Date Printed: 01/10/2022 10Question No. 4: If adopted, would an individual be able to provide documented results of a prior test or must every individual undergo sickle cell solubility testing prior to participation? Answer: An individual may still provide documented results of a prior test. If they do so, a sickle cell solubility test is not required. Date Printed: 01/10/2022 11
Eligibility
No. 2-4 (1-1) ELIGIBILITY AND PLAYING AND PRACTICE SEASONS -- SEASONS OF COMPETITION: 10-SEMESTER/
15-QUARTER RULE AND FOOTBALL -- CRITERIA FOR DETERMINING SEASON OF ELIGIBILITY AND
OUT-OF-SEASON ATHLETICALLY RELATED ACTIVITIES -- EXCEPTION -- COMPETITION IN THE
NONCHAMPIONSHIP SEGMENT AND SPRING PRACTICE -- SCRIMMAGE AGAINST A FOUR-YEAR
COLLEGIATE INSTITUTION
Intent: In football, to permit a scrimmage against a four-year collegiate institution during spring practice as one of
the three permissible 11-on-11 scrimmages; further, to specify that participation in a scrimmage against a four-
year collegiate institution does not trigger use of a season of competition, provided the student-athlete was
academically eligible during the segment in the same academic year that concludes with the NCAA
championship.
A. Bylaws: Amend 14.2, as follows:
[Division II, Football Only, Roll Call]
14.2 Seasons of Competition: 10-Semester/15-Quarter Rule. A student-athlete shall not engage in more than four
seasons of intercollegiate competition in any one sport (see Bylaws 14.02.10 and 14.2.2). An institution shall not
permit a student-athlete to represent it in intercollegiate competition unless the individual completes all of their
seasons of participation in all sports within the time periods specified below:
[14.2.1 through 14.2.3 unchanged.]
14.2.4 Criteria for Determining Season of Eligibility.
14.2.4.1 Minimum Amount of Competition. Any competition (including a scrimmage with outside competition),
regardless of time, during a season in an intercollegiate sport shall be counted as a season of competition in that
sport. This provision is applicable to intercollegiate athletics competition conducted by a two-year or four-year
collegiate institution at the varsity or subvarsity level.
[14.2.4.1.1 through 14.2.4.1.2 unchanged.]
14.2.4.1.3 Exception -- Competition in the Nonchampionship Segment and Spring Practice. In field hockey,
football, men's and women's soccer, men's and women's volleyball and men's and women's water polo, a
student-athlete may engage in outside competition during the segment of the playing season that does not
conclude with the NCAA championship without using a season of competition, provided the student-athlete
was academically eligible during the segment in the same academic year that concludes with the NCAA
championship. In baseball, women's beach volleyball, softball and men's and women's lacrosse, a student-
athlete may engage in outside competition during the segment of the playing season that does not conclude
with the NCAA championship without using a season of competition. Prior to participating against outside
competition during the nonchampionship segment and spring practcice, student-athletes shall be certified as
eligible (e.g., amateurism, enrolled full time).
[14.2.4.1.4 through 14.2.4.1.6 unchanged.]
[14.2.4.2 through 14.2.4.8 unchanged.]
[14.2.5 through 14.2.7 unchanged.]
B. Bylaws: Amend 17.11, as follows:
[Division II, Football Only, Roll Call]
17.11 Football.
[17.11.1 through 17.11.8 unchanged.]
17.11.8.3 Annual Exemptions. The maximum number of contests in football shall exclude the following:
[17.11.8.3-(a) through 17.11.8.3-(h) unchanged.]
(i) Spring Practice Scrimmage. One scrimmage against a four-year collegiate
institution during spring practice.
Date Printed: 01/10/2022 12[17.11.8.3-(i) through 17.11.8.3-(k) relettered as 17.11.8.3-(j) through 17.11.8.3-(l), unchanged.]
17.11.8.4 Once-in-Four-Years Exemption -- Foreign Tours. An institution may exempt the contests played on a
foreign tour, provided the tour occurs only once in a four-year period and is conducted in accordance with the
procedures set forth in Bylaw 17.31.
17.11.9 Out-of-Season Athletically Related Activities. Student-athletes and members of the coaching staff shall not
engage in countable athletically related activities outside the playing season, except for the following:
[17.11.9-(a) through 17.11.9-(b) unchanged.]
[17.11.9-(b)-(1) through 17.11.9-(b)-(7) unchanged.]
(8) An institution may participate in a scrimmage against a four-year collegiate
institution and the scrimmage shall count as one of the three sessions that
may be devoted primarily to 11-on-11 scrimmages. [See Bylaw 14.2.4.1.3
for participation during the nonchampionship segment].
[17.11.9-(b)-(8) through 17.11.9-(b)-(9) renumbered as 17.11.9-(b)-(9) through 17.11.9-(b)-(10), unchanged.]
[17.11.9.1 unchanged.]
[17.11.10 unchanged.]
Source: Missouri Western State University, Bowie State University, Delta State University, Fort Hays State University,
Fort Lewis College, Henderson State University, Lincoln University (Missouri), Missouri Southern State University,
Northeastern State University, Northern State University, Northwest Missouri State University, Pittsburg State
University, University of Central Missouri, University of Central Oklahoma, University of Charleston (West Virginia),
University of Nebraska at Kearney, University of West Florida, University of West Georgia, Valdosta State
University, and West Texas A&M University.
Effective Date: Immediate
Rationale: Currently, outside of the playing season in the sport of football, an institution may participate in no more
than three sessions that may be devoted primarily to 11-on-11 scrimmages. However, it is currently impermissible
for an institution to participate in a scrimmage against an outside team four-year collegiate institution) while
outside of the playing season. Allowing a Division II institution, in the sport of football, to participate in a
scrimmage against another four-year collegiate institution outside of the playing season will improve the
development and retention of football student-athletes by providing them with a competitive opportunity against
another team. Further, allowing such participation to not count as a season of competition will align football with
other fall sports that are permitted to participate during the nonchampionship segment and not use a season of
competition. Finally, the immediate effective date will permit Division II institutions to take advantage of the
legislative change for the 2022 spring term.
Frequently Asked Questions:
Question No. 1: What is the current legislation?
Answer: Currently, in the sport of football and outside of the playing season, an institution may participate in no more
than three sessions that may be devoted primarily to 11-on-11 scrimmages. However, it is currently impermissible for
an institution to participate in a scrimmage against an outside team (four-year collegiate institution) while outside of
the playing season.
Question No. 2: If adopted, how will this proposal change the current legislation?
Answer: If adopted, an institution may participate in one scrimmage against a four-year collegiate institution outside
of the playing season as one of the three sessions that may be devoted primarily to 11-on-11 scrimmages.
Additionally, participation in the scrimmage would not count as a season of competition, provided the student-athlete
was academically eligible during the segment that concludes with the NCAA Championship.
Question No. 3: When is it permissible for a football team to schedule the scrimmage against another four-year
collegiate institution?
Answer: If adopted, the scrimmage may take place as early as the third practice session, which is the first permissible
contact practice of the spring practice period.
Date Printed: 01/10/2022 13Question No. 4: How would this proposal impact a football student-athlete who does not participate in the segment of
the playing season that concludes with the NCAA championship during the fall term due to being academically
ineligible and is subsequently certified as academically eligible to participate in the scrimmage against a four-year
collegiate institution during the spring practice period?
Answer: Under this proposal, a football student-athlete in the scenario above may participate in the scrimmage
against a four-year collegiate institution during the spring practice period, but the student-athlete would be charged
with a season of competition.
Position Statement(s): Legislation Committee: The Legislation Committee agreed to take no position on this
proposal.
Presidents Council, Committee on Competitive Safeguards and Medical Aspects of Sports, Management Council:
The Presidents Council, Management Council and Committee on Competitive Safeguards and Medical Aspects of
Sports agreed to oppose this proposal. The councils and committee noted that this proposal does not address
the timing of the scrimmage or appropriate physiological preparation for competition against another four-year
collegiate institution (e.g., the scrimmage could occur as early as the third practice session, which is the first
permissible contact practice of the spring season).
No. 2-5 (1-2) ELIGIBILITY -- PROGRESS-TOWARD-DEGREE REQUIREMENTS -- ELIGIBILITY FOR COMPETITION --
REGULATIONS FOR ADMINISTRATION OF PROGRESS-TOWARD-DEGREE -- CREDIT HOURS EARNED
OR ACCEPTED TOWARD A MINOR -- ELIMINATION OF RESTRICTION ON CREDIT HOURS EARNED
DURING A SUMMER TERM
Intent: To permit a maximum of six credit hours earned during the summer term in a voluntary or optional minor (a
minor that is not a required element of the original baccalaureate degree program for all students) to fulfill the
credit-hour requirements for meeting progress toward degree.
Bylaws: Amend 14.4.3.7.9, as follows:
[Division II, Roll Call]
14.4.3.7.9 Credit Hours Earned or Accepted Toward a Minor. A student-athlete who has designated a specific degree
program may use credits earned in a minor to fulfill the credit-hour requirements for meeting progress toward degree
if the minor is a required element for all students to obtain the original baccalaureate degree. A student-athlete who
has designated a voluntary or optional minor (i.e., a minor that is not a required element of the original baccalaureate
degree program for all students) may use a maximum of six credit hours per regular academic term (regular
academic year, summer) earned in the minor to fulfill the credit-hour requirements for meeting progress toward
degree. Credit hours earned in a voluntary or optional minor during the summer may not be used to meet progress-
toward-degree requirements.
Source: Rocky Mountain Athletic Conference and Pennsylvania State Athletic Conference.
Effective Date: Immediate
Rationale: Many student-athletes choose to pursue a minor in a field that they feel will help with their career. Current
legislation does not permit credit hours earned toward a voluntary or optional minor during a summer term to be
used to meet progress-toward-degree requirements after a student-athlete is required to designate a degree
program of studies. In order to avoid this restriction, student-athletes sometimes declare their desired voluntary or
optional minor as their major for the summer, which causes unnecessary paperwork. In addition, classes may only
be offered at certain times during the academic year, conflicting with full schedules. This proposal provides
additional opportunities for student-athletes to balance their class schedules throughout the year, without having
a negative impact on meeting progress-toward-degree requirements. An immediate effective date allows for
student-athletes to make enrollment decisions and use these courses to meet progress-toward-degree
requirements for summer 2022.
Frequently Asked Questions:
Question No. 1: What is the current legislation?
Answer: Currently, credit hours earned toward a voluntary or optional minor may only be used to meet progress-
toward-degree requirements during the regular academic year (fall, winter and spring terms).
Question No. 2: How does this proposal change the current legislation?
Date Printed: 01/10/2022 14You can also read
