MINUTESOF THE

NATIONAL COLLEGIATEATHLETIC ASSOCIATION

EXECUTIVE COMMITTEE

NCAANational Office August 4, 2005

Indianapolis, Indiana

Participants:

MichaelAdams, University of Georgia

PhilipAustin, University of Connecticut

ClintonBristow Jr., Alcorn State University

G. Wayne Clough, GeorgiaInstitute of Technology

Daniel Curran, University of Dayton

Paul Engelmann, Central Missouri State University

Robert Fisher, Belmont University

Walter Harrison, University of Hartford, chair

Martin Jischke, Purdue University

Arthur Kirk, St.Leo University

Peter Likins, University ofArizona

Kathryn Martin, University ofMinnesota, Duluth

Sydney McPhee, Middle Tennessee State University

Michael Miranda, Plattsburgh State University of New York

Ivory Nelson, Lincoln University ( Pennsylvania)

Phillip Stone, Bridgewater College (Virginia)

Ron Wellman, Wake Forest University

John Welty, Fresno State University

Delise O'Meally, NCAA, recording secretary

Myles Brand, NCAA

Bernard Franklin, NCAA

Shirley Raines, University ofMemphis, was unable to participate.

Also in attendance were: Gary Brown, associate director of TheNCAA News; Erik Christianson, director of public and media relations; ElsaCole, NCAA general counsel; Dennis Cryder, senior vice-president for branding andcommunications; Gail Dent, associate director of public and media relations; JimIsch, senior vice-president for administration/chief financial officer; TomJernstedt, executive vice-president; John Johnson, director of promotions and specialevents ; Corey Jackson, assistant director of membership services; KevinLennon, vice-president for membership services; Keith Martin, managing directorof finance and operations; Wallace Renfro, senior advisor to the NCAA president;Greg Shaheen, vice-president for Division I

men's basketball and championships strategies; Judith Sweet, seniorvice-president for championships and education services/senior womanadministrator (SWA); Charlotte Westerhaus, vice-president for diversity andinclusion; Bob Williams, managing director of public and media relations; DavidBerst, Daniel Dutcher and Mike Racy, NCAA governance vice-presidents; and BridgetBelgiovine, Beth DeBauche and Terri Steeb, NCAA governance directors.

[Note: These minutes contain only actions taken(formal votes or stated "sense of the meeting") in accordance withNCAA policy regarding minutes of all Association entities. While certain items on theCommittee's agenda were acted on at various times throughout the meeting,all final actions within a given topic are combined in these minutes forconvenience of reference.]

The meeting was called to orderat 4 p.m. by the chair, President Harrison. All members were present as noted above.

1. Welcomeand announcements. Harrison welcomedall attendees. He specifically welcomed Kathryn Martin, chancellor of the University of Minnesota, Duluth, and chair of the Division II PresidentsCouncil. Also, he welcomed the newmembers from the Division I Board of Directors: Mike Adams, University of Georgia; Dan Curran, University of Dayton; Robert Fisher, Belmont University; Martin Jischke, Purdue University; and John Welty, Fresno State University.President Harrison noted that President Shirley Raines, from the University of Memphis, was unable to participate in the meeting.

2. Approvalof April 28, 2005 ,meeting minutes.

Itwas VOTED

"Toapprove the Executive Committee minutes of the April 28, 2005, meeting as distributed."

3. NCAAPresident's report. Brandprovided updates, discussed a series of initiatives and sought ExecutiveCommittee input.

a. PresidentialTask Force on the Future of Division I Intercollegiate Athletics.

The Committee received an update on the progressof the presidential task force on the future of Division I intercollegiateathletics. Brand noted that thetask force recently met in Tucson, Arizona, and is making progress on itsagenda.

b. NCAAalcohol policy.

TheCommittee reviewed the Association's alcohol policy and encouraged NCAAmembers to use the Association's policy as a guideline for reviewingtheir campus policies.

It was VOTED:

"Thatthe following Resolution shall be adopted, which provides:

"Whereasa fundamental purpose of the NCAA is to maintainintercollegiate athletics as an integral part of the educational program andthe athlete as an integral part of the student body; and

"Whereas the illegaluse and abuse of alcohol is contrary to the mission of the NCAA and destroyssuch fundamental values as respect, fairness, civility, honesty andresponsibility; and

"Whereasthe NCAA takes seriously its responsibility to present participation in sportsas a positive experience for student-athletes and fans alike, and this responsibilityincludes educating student-athletes about alcohol abuses and providing positivemessaging related to the legal use of alcohol; and

"Whereasthe Association recognizes the connection made by the general public and themedia between sports and alcohol use, and restricts alcohol advertising and thesale of alcohol beverages at the site of NCAA championship events; and

"Whereasthe NCAA supports institutional autonomy and campus responsibility as itrelates to managing the use of alcohol and other substances on campus butrecognizes the need for a consistent message as it relates to alcoholadvertising and sales during all collegiate events.

"Now,therefore, be it Resolved that NCAA members shall be encouraged to:

· "Prohibit the sale of alcoholic beveragesduring all preseason, regular season, conference and postseason intercollegiateevents. [Alcoholic beverages should not be sold or otherwise made available forpublic consumption in the athletics facility during intercollegiate athleticsevents.]

· "Promote only the legal and responsibleuse of alcohol by fans outside the stadium or arena (e.g., tailgating). [Tothe extent that an institution can preclude the sale of alcohol outside thestadium or arena, those efforts should be made. When such restrictions are not feasible,an institution should visibly promote the legal and responsible use of alcoholfor all fans associated with the event.]

· "Prohibit on-site alcohol advertising duringall preseason, regular season, conference and postseason intercollegiateevents. [Except when expressly prohibited by prior contract, institutionsshould preclude advertising, banners, and signs of displays for liquor, beer(including nonalcoholic beer) or wine products. Any permanently affixed or leasedadvertising, banners, signs or displays in the facility, should be covered duringthe event.]

· "Prohibit media advertising of alcoholicbeverages that exceed six percent alcohol by volume. [Immediatelyprior to, during and subsequent to televised competition, institutions shouldpreclude media advertising of alcoholic beverages that exceed six percentalcohol by volume.]

· "Limit advertising of malt beverages, beerand wine products that do not exceed six percent alcohol by volume and includecontent that emphasizes legal use of alcohol . These advertisementscould include tag lines such as "Drink Responsibly" and "BeLegal." [ Suchadvertisements should not compose more than 14 percent of the space in any gamepublications; not more than 60 seconds per hour of any telecast or broadcast ornot more than one hundred twenty (120) seconds total in any telecast orbroadcast. Any such content shouldinclude an appropriate focus on legal and responsible use of alcohol.]

· "Provide programs and resources foreducation, prevention and treatment of alcohol abuse."

c. World University Games.

Brand provided information related to possibleNCAA involvement with the World University Games. He noted that the United States hasparticipated in the World University Games for many years, but its teams haveoperated on a minimal budget supported by the U.S. Olympic Committee (USOC) andNational Governing Bodies. Brandalso noted that these games now serve, in part, as a replacement event forthose university/college student athletes who no longer have a reasonableopportunity to participate in the Olympic Games, having been replaced byAmerican professional athletes. TheNCAA has been encouraged by the president of the International UniversitySports Federation to play a role, or possibly, assuming responsibility for theUnited States participation in the games.Corporate sponsorship may be an option.

d. NCAAcommittee expenditures.

The Committee received a report from an internalproject team charged with reviewing the NCAA committee structure andrecommending changes that would result in the reduction in committee size,overall budgetary reduction and an increase in the use of technology to conductcommittee business. The projectteam recommended a multilayered approach to achieve the goals set forth by theExecutive Committee. First, theproject team recommended a reduction in the frequency of in-person committeemeetings; an increase in the percentage of meetings held at the NCAA nationaloffice; and an overall 25 percent reduction in the committee budget. Second, the group recommended thedevelopment of a standard of review for committee membership to determinewhether the size of each committee is appropriate or whether a reduction inmembership would enhance overall efficiency. Third, the group recommended acomprehensive review of the legislative cycle to determine whether possiblemodifications may further reduce committee expenditures; alleviate bureaucraticinefficiencies; and streamline the NCAA committee structure and governanceprocesses. Finally, the grouprecommended an ongoing review to assess the successful implementation of suggestedmodifications and recommend further reductions as appropriate.

It was VOTED:

"To accept the recommendations aspresented."

e. Corporatestructure.

PresidentBrand briefly discussed the possibility of establishing a corporate entity tohold and manage some of the business aspects of the organization. An ongoing issue of concern for theAssociation is its reliance on a single source of revenue. Brand noted that a quasi-endowment hasbeen started, but additional steps need to be taken. In this regard, the national office is undertakingan outside study to determine the most appropriate course of action. The Committee will review a moredetailed proposal on this issue during its October 2005 meeting.

4. NCAAExecutive Committee Finance Committee report.

a. FY2004-05 third quarter budget to actual. The Committee received a report of theAssociation's financial activity for the third quarter of FY 2003-04,noting that results are within budget parameters. The Association received 100 percent ofthe rights fees from CBS sports and has met 99 percent of its revenue projectionsfor the year as of the third quarter.The Association-wide expenses of approximately $72 million are withinthe budget parameters. It was notedthat legal expenses are trending upward based on the active legal cases thispast year.

TheAudit Committee will review audited financial results for the 2004-05 fiscalyear at its December meeting, and the Executive Committee will review auditedstatements in January 2005.

b. FY2006-07 and FY 2007-08 tentative budget allocations and timeline. The Committee reviewed a summary of therevenues and expenditures for the upcoming biennium.

Estimatedrevenues will be approximately $560.5 million and $602.2 million for the nexttwo years. This represents a 7.4 percent annual increase.

It was notedthat the NCAA FY 2006-07 and FY 2007-08 biennial budget process timelineoutlines the budget process for the next two budget years. Final approval for the FY 2006-07 budgetwill occur at the April 2006 meeting.

Itwas VOTED

"Toapprove the tentative budget allocations for FY 2006-07 and FY 2007-08."

5. AdministrativeCommittee of the Executive Committee report.

a. Executivecompensation charter. Harrison informedthe Committee that Mercer Human Resource Consulting recommends that the NCAAformalize its practices with regard to the Administrative Committee'srole and responsibilities for executive compensation. While all the duties andresponsibilities outlined in the charter have been performed by pastcommittees, the charter provides additional documentation to ensure compliancewith the intermediate sanction law enacted in 1996. The federal law is intended to curb theflow of unreasonable compensation and improper benefits by tax-exemptorganizations to their top management and influential insiders. Mercer believes the NCAA can strengthen itsposition with the ratification of the charter under Supplement No. 7.

In previousyears, there has been a compensation committee; however, beginning this year,the assignment will be handled by the Administrative Committee of the ExecutiveCommittee. The specific roles andresponsibilities are listed on page two of the charter. The committee will meet once a year oncompensation issues unless other meetings become necessary.

It was VOTED

"Toapprove the executive compensation charter."

b. Executivesession. The Committee convenedan executive session and voted to extend the contract of Brand by two yearsthrough December 2009. Thereafter,the Committee will consider annual two-year extensions in advance for the indefinitefuture.

6. NCAAExecutive Committee Subcommittee on Gender and Diversity Issues report.

The Committeereceived a report from Bristow, chair of the Executive Committee Subcommitteeon Gender and Diversity Issues.

a. SWAdesignation.

TheCommittee discussed sponsoring legislation in all divisions to amend thedefinition of an SWA, as well as charging staff to implement relatededucational initiatives.

Itwas VOTED:

"Tosponsor legislation as a common provision in all three divisions to amend the definitionof an SWA as follows: 'Aninstitutional SWA is the highest ranking female involved with the management ofa member institution's intercollegiate athletics program. An institution with a female director ofathletics may designate a different female administrator involved with themanagement of the member's program as a fifth representative to the NCAAgovernance system.'

Additionally, in Division I, to sponsor legislation toamend the definition of a conference SWA as follows: 'A conference SWA is the highestranking female involved with the management of a member conference'sprograms.'

"To developa campaign to educate institutions on the appropriate manner in which todesignate the SWA, such as sharing sample job announcements that depictappropriate and inappropriate methods of listing the position. Incorporate, within this educationalcampaign, specific communication from the NCAA president and/or the NCAA vice-presidentfor diversity and inclusion to institutional presidents and/or athleticsdirectors emphasizing the importance of this issue."

b. NativeAmerican mascots, names and imagery.

The Committeediscussed racial/ethnic/national origin references in their intercollegiateathletics programs. Bristow notedthat several institutions made changes that adhere to the core values of theNCAA constitution pertaining to cultural diversity, ethical sportsmanship andnondiscrimination. He said that theseissues are very complex and that institutions need to retain institutionalautonomy to address them.

However, whilethe NCAA understands institutional autonomy is necessary in order to adhere tothe mission of the NCAA, the Association has a duty to address actions andbehaviors that are not consistent with core values and principles of the NCAA constitution. Therefore, it is the responsibility ofeveryone associated with an athletics program and event, includingstudent-athletes, fans and coaches, to maintain an environment that promotes anatmosphere of respect for and sensitivity to the dignity of every person.

(1) Thereare certain events in intercollegiate athletics, such as NCAA championshipcompetition, that are more of a public forum rather than home contests. Therefore, for those institutions thatchoose not to remove all references to Native American culture, thesubcommittee outlined specific recommendations.

It was VOTED:

"That the Associationshall implement a policy, effective February 1, 2006, that institutions withhostile or abusive racial/ethnic/national origin mascots, nicknames or imagerywill be prohibited from hosting any NCAA national championship competition.

"Effective February 1, 2006, institutions with hostileor abusive racial/ethnic/national origin mascots, nicknames or imagery musttake reasonable steps to cover up any of these references at any predeterminedNCAA championship competition site that has been previously awarded. The financial responsibility to takereasonable steps rests on each institution and these reasonable steps must betaken in timely manner.

"Effective August 1, 2008, institutions displaying orpromoting hostile or abusive racial/ethnic/national origin references on theirmascots, cheerleaders, dance teams, and band member uniforms or paraphernaliaare prohibited from wearing this material at an NCAA championship competitionsite.

"Effective February 1, 2006, institutions withstudent-athletes wearing uniforms or paraphernalia with hostile or abusiveracial/ethnic/national origin references must ensure that those uniforms orparaphernalia are not worn during NCAA championship competition."

(2) Further,in the context of nonchampionship activities, the Committee strongly encouragedinstitutions that continue to use hostile or abusive racial/ethnic/nationalorigin mascots, nicknames or imagery to adopt the following best practices:

(a) Model specificinstitutions . Institutions should consideremulating the examples of institutions that do not support the use of NativeAmerican mascots or imagery such as the University of Iowa and the Universityof Wisconsin System, which do not schedule regular season, nonconference competitionwith institutions that use Native American nicknames, mascots or imagery.

(b) NCAA publications. Institutions should design their publicationsand campus materials in a manner that removes all hostile or abusive racial/ethnic/nationalorigin references. The Committee noted that this is the current policy of theNCAA national office.

(c) Education/appreciation/outreach.Institutions should place an emphasison understanding and awareness of the negative impact of hostile or abusivesymbols, names and imagery. Further, institutions are encouraged to create agreater level of understanding and knowledge of Native American culture. Outreach to Native American tribes,organizations and students or faculty in their local areas is a start. However, further outreach beyond aninstitution's local area may be necessary in order to obtain a greaterunderstanding and awareness of issues that concern the Native Americancommunity. In addition, the Committeerecommends initiatives that would educate the membership via public serviceannouncements and posters. It isimportant to note that the purpose of education and outreach is to provideinstitutions with an opportunity to disengage from the use ofracial/ethnic/national origin mascots, nicknames or imagery in the near future.

(d) Conference-levelcollaboration. Institutionsshould develop a partnership with conference offices in order to address thisissue at the institutional level, as well as with the media.

7. Litigationupdate. The Committee receiveda report from the NCAA general counsel regarding litigation and settlementactions.

a. MetropolitanIntercollegiate Basketball Association v. NCAA update. The NCAA general counsel gave a statusreport to the Committee.

b. Mandatorybinding arbitration. TheCommittee received a report from NCAA general counsel and Stone, chair of the ExecutiveCommittee Subcommittee on Mandatory Binding Arbitration. The subcommittee recommended that the ExecutiveCommittee not support the concept of mandatory binding arbitration as acondition of membership.Additionally, the subcommittee recommends that the Executive Committeeimplement, as an operating policy for the NCAA general counsel, increasedeffort to initiate mediation where appropriate.

It was VOTED:

"Toaccept the subcommittee's recommendation."

8. Centennialcelebration.

The Committee receivedan update on the NCAA centennial celebration. This year-long celebration, which willbegin at the 2006 NCAA Convention, presents an opportunity for the Associationto illustrate its breadth and depth and share its role within higher educationand intercollegiate athletics with the general public, media, externalstakeholders and the NCAA members. Thetheme of the centennial will be celebrating 100 years of thestudent-athlete. The Conventionplanning staff noted that ESPN will produce vignettes highlighting the 25defining moments of intercollegiate athletics, and the 100 most influentialstudent-athletes. These 30-second vignetteswill air early in 2006 on ESPN Classic and ESPN U.

9. NCAA/USOC JointTask Force report.

The Committee received a brief report from Likins andLennon regarding the NCAA/USOC Joint Task Force.

It was VOTED:

"To accept the summary provided by the taskforce representatives and refer the issue through the normal legislativechannels for further discussion and action."

10. NCAADivision I Board of Directors and Divisions II and III Presidents Councils reports.

a. DivisionI Board of Directors. The Committee received an update on theactions of the Division I Board of Directors that included the following:

(1) Promotionalactivities. Reviewed noncontroversiallegislation regarding the use of the name and likeness of student-athletes. Further, the Board considered whether togrant the national office staff some flexibility in the implementation of thislegislation.

(2) Legislationoverride. Discussed a membershiprequest to override NCAA Division I Proposal No. 2004-21. The Board agreed not to reconsider itsposition, and, therefore, the membership will vote on this proposal during the2006 NCAA Convention.

(3) Committeeon Academic Performance.Received and approved a report from the Committee on AcademicPerformance regarding possible adjustments to the Academic Progress Rate, aswell as the provision of incentives.

b. DivisionII Presidents Council. TheCommittee received an update on the actions of the Division II PresidentsCouncil that included the following:

(1) Restrictionof membership. Discussed aDivision III membership-sponsored proposal that seeks to establish a final permanent maximum size of Division III. The Council expressed concern that unilateralaction by a division to restrict membership in this way could haveramifications on the membership of the other two divisions, and it asks thatthe Executive Committee discuss this issue during its October meeting andprovide guidance to all three divisions.

(2) Requirementto purchase defibrillators. Tookaction to require schools to use next year's enhancement fund money topurchase defibrillators for institutions, if this important health and safetyissue has not yet been addressed by the institution.

(3) DivisionII identity. Took action to endorsethe theme of "balance" as the key attribute of the division'sidentity. The Council agreed toschedule special programming for Division II chief executive officers at theJanuary Convention to continue its discussion of key issues and to discuss theDivision II branding campaign.

(4) SWAdesignation. Used its authorityto accept emergency legislation to modify the SWA legislation in the NCAA constitution,as requested by the Executive Committee Subcommittee on Gender and DiversityIssues.

c. Division III Presidents Council. The Committee received an update on theactions of the Division III PresidentsCouncil that included the following:

(1) Promotionalactivities. Approvedsponsorship of proposed legislation regarding the use of the name and likenessof student-athletes provided it precludes the promotion of alcohol, tobacco,performance enhancing substances and gambling related entities.

(2) SWAdesignation. Used its authorityto accept emergency legislation to modify the SWA legislation in the NCAA constitution,as requested by the Executive Committee Subcommittee on Gender and DiversityIssues.

(3) NCAAConvention. Unanimouslysupported retaining the NCAA Convention during the second week in January.

(4) Futureof Division III. Agreed tosponsor a legislative package of eight proposals related to the future of DivisionIII including:

(a) Conferenceself-study.

(b) Opportunityfor conference realignments without affecting automatic qualification.

(c) Amendmentsto the Division III philosophy regarding admissions standards, academicperformance of student-athletes and integration of athletics programs intocampus culture and educational mission.

(d) Increasesports sponsorship from five and five to six and six, effective August 1, 2010,with an exemption for institutions with an enrollment below 1,000 and a waiveropportunity.

(e) Increaseminimum contest requirements in sports used to meet sports sponsorship regulations.