MINUTES OF THE

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

EXECUTIVE COMMITTEE

NCAA National Office August9, 2007

Indianapolis, Indiana

Participants:

Michael Adams, University of Georgia, chair

Charles Ambrose, Pfieffer University

James Barker, Clemson University

David Brunk,Northeast-10 Conference

Jackie Campbell,Atlantic-10 Conference

Dan Curran, University of Dayton

Valerie Cushman, Randolph College

Anthony DiGiorgio, Winthrop University

Gregory Geoffroy, Iowa State University

Bruce Grube, Georgia Southern University

Michael McFarland, College of the Holy Cross

John Fry, Franklin& Marshall College

Edward Ray, Oregon State University

Sidney Ribeau, Bowling Green State University

Steve Weber, San Diego State University

Myles Brand, NCAA

Bernard Franklin, NCAA

Delise O'Meally, NCAA, recording secretary

Eddie Moore, Virginia State University; Shirley Raines, University of Memphis;and Paul Trible, Christopher Newport University,were unable to attend.

Also in attendance were: Gary Brown, director of The NCAA News; Erik Christianson, director of public and media relations; Elsa Cole, vice president of legal affairs/general counsel; Joni Comstock, senior vice president of championships; Dennis Cryder, senior vice president of branding and communications;Jim Isch, senior vice president of administration/chief financial officer (CFO);Tom Jernstedt, executive vice president; Kevin Lennon, vice president of membership services; Keith Martin, managing director of finance and operations;Wallace Renfro, senior advisor to the NCAA president; Greg Shaheen, senior vice president of basketball and business strategies; Charlotte Westerhaus, vice president of diversity and inclusion; Bob Williams, managing director of public and media relations; David Berst, Daniel Dutcher and Mike Racy, NCAA governance vice presidents;and Beth DeBauche, Leah Nilsson and Terri Steeb, NCAA governance directors.

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

The meeting was called to order at 3:55 p.m. by the chair, President Adams. All members were present as noted above.

1. Welcome and announcements. Adams welcomed all attendees. He specifically welcomed James Barker, the incoming NCAA Division I Board of Directors chair, and new members Anthony DiGiorgio, Gregory Geoffroy, Bruce Grube and Edward Ray. Adamsalso welcomed Jackie Campbell, the incoming NCAA Division I Management Council chair, and thanked David Brunk, the departing NCAA Division II Management Council chair.

2. Executive Session.

The Executive Committee convened an executive session during which it reviewed the executive compensation committee report and a proposal for a joint venture.

a. Executive compensation. The Committee reviewed recommendations of the Executive Committee Administrative Subcommittee on executive compensation.

It was VOTED

?To approve the executive compensation report for the NCAA president and other disqualified employees.?

b. Joint venture. The Committee reviewed a possible for-profit joint venture.

It was VOTED

?To conceptually approve the NCAA entering into a for-profit joint venture pending completion of staff?s due diligence and delegate authority to a combined committee of the Executive Committee Administrative Subcommittee and Finance Committee to approve final details of the venture.?

3. Approval of April26, 2007, meeting minutes.

It was VOTED

?To approve the Executive Committee minutes of the April 26, 2007, meeting as distributed.?

4. NCAA President?s report. President Brand provided updates, discussed initiatives and sought Executive Committee input.

a. Amendment to NCAA Constitution. Elsa Cole provided an update on legislative action taken at the divisional presidential meetings to clarify NCAA Bylaw 31.1.1 to specifically reference the Executive Committee's authority and responsibility to establish policies related to NCAA championship events. She noted that the divisional presidential bodies also sponsored an amendment to NCAA Constitution Article 4 to provide similar clarity as it relates to the Executive Committee's existing authority to adopt and implement policy. Cole noted that this amendment does not change the duties of the Executive Committee, nor does it expand its authority.

It was VOTED

?To sponsor the amendment to NCAA Constitution Article 4 and forward the amendment to the entire membership for a vote at the 2008 NCAA Convention.?

b. Strategic planning update. Brand provided an update on the Association-wide strategic plan. He noted that significant progress had been made in the implementation of the plan. Of the 120 initiatives identified in the plan, 84 have been completed, representing 70 percent; 35 are in progress, representing 30 percent; and one has not been started. Brand noted that the time was appropriate to revisit the plan to determine if modifications need to be made to extend the useful life of the plan. The Committee agreed to form a subcommittee to review the plan.

5. NCAA Executive Committee Finance Committee Report

a. FY2006-07 third quarter budget to actual. The Committee received a report of the Association?s financial activity for the third quarter of FY 2006-07, noting that results are within budget parameters.

b. FY2008-09 and 2009-10 tentative budget allocations and timeline. The Committee reviewed a summary of the revenues and expenditures for the up coming biennium.

It was noted that the NCAA FY 2008-09 and FY 2009-10 biennial budget process timeline outlines the budget process for the next two budget years. The upcoming biennium budget process begins with the meeting in August, when the Executive Committee approves tentative budget allocations. These tentative allocations will be used as a guide as committees and staff begin formulating budget requests. Final approval for the FY 2008-09 budget will occur at the April 2008 meeting.

It was VOTED

?To approve the tentative budget allocations for FY 2008-09 and FY 2009-10.?

c. FY2007-08 budget recommendations.

(1) Increased revenue estimate. As a result of the increase in the Division I men?s basketball ticket prices for the ?Good of the Game,? and the success of the ticket and hospitality packages sold in the secondary market, it is recommended the Association increase its base revenue projections for FY 2007-08 in the amount of $10 million. The Association?s projected revenue will increase from $604 million to $614 million in FY 2007-08. The $10 million revenue increase also will be reflected in FY 2008-09 and FY 2009-10 biennium budget projections.

It was VOTED

?To approve the recommended increase in base revenue projections for FYI 2007-08.?

(2) Temporary seating foramen?s basketball. The Committee reviewed a re-quest from the national office staff to allocate additional revenues to the purchase of temporary seating for men?s basketball. The NCAA staff has submitted a proposal to increase the future revenues of the Final Four gate revenues by 40 percent by reconfiguring the future dome sites to a football-like layout. Staff is estimating an increase in annual revenues of approximately $4 million as a result of the new configuration. The staff recommends purchasing temporary seating that can accommodate the new configuration, which could be shipped and installed each year. The Ex-ecutive Committee Finance Committee recommends that$4 million of additional FY 2007-08 revenues generated through the Men?s FinalFour tournament be allocated to the purchase of temporary seating.

It was VOTED

?To approve allocation of $4 million of additional FY 2007-08 revenues to the purchase of temporary seating.?

(3) Division I revenue distribution formula. The Committee received a report on a recommendation from the Division I Men?basketball Committee to the Division I Board of Directors to modify the Division I basketball for-mula. The Division I Men?s Basketball Committee has recommended that one additional unitbe allocated to the winner of the opening round game beginning in 2008. The Division I Board of Directors willconsider action at its November meeting.

d. FY 2007-08 salaryrecommendations. The Committeeallocated FY 2007-08 merit and equity moneys for the national officestaff. Brand supplemented the equityadjustment allocation by reallocating approximately $230,000 by the elimi-nationof positions. In total, the allocationfor salaries remains the same as a result of the proposed changes. The Executive Committee Finance Committeesupported reallocation and offered this item as informational only.

6. Executive Committee Working Group on MembershipReport. The Committee received areport of the Executive Committee Working Group on Membership. The working group reviewed the currentmembership processes for each division, received an analysis of the voting onrecent reform efforts in Division III and received a report from the Divi-sionIII working group that concurrently has been reviewing membership issues. Some important themes that have emergedrelated to models to create a subdivision or new di-vision include:

a. Division III, as adefault position, is where an institution would remain in its cur-rentmembership grouping unless it elects to join the new grouping. Institutions would not be assigned to the newgrouping, regardless of affiliation, sports spon-sorship or voting patterns,without deciding to join that grouping.

b. Delaying the effectivedate. The effective date of anylegislative changes adopted at the 2009 NCAA Convention should be delayed by atleast two years to permit adequate time for institutions and conferences tomake informed decisions re-garding future affiliation.

c. This grouping would mostlikely feature increased sports sponsorship and might include other morerestrictive legislation.

d. It is important to keeptraditional rivalries in mind as institutions choose to join the new grouping.

The group alsoreceived an update on a recent meeting with the National Association ofIntercollegiate Athletics (NAIA) leadership. The purpose of that meeting was to provide information on membershipactivities within both organizations. The NAIA expressed its willingness to participate in focus groupdiscussions with a subgroup of this working group.

The workinggroup will convene its next in-person meeting in October, in conjunction withthe divisional presidential meetings. During its next meeting, the working group will continue its review ofalternative membership grouping concepts and the legal and legislativeframework for these membership models. Italso will begin discussions re-garding the identity of the new grouping. Finally, the working group noted that an Association-wideforum will be held at the 2008 Convention to outline the membership models, anda membership survey will be initiated in spring 2008.

7. Litigation update. The Committee received a report from the NCAAgeneral counsel re-garding litigation and settlement actions. Cole noted thatthe Executive Committee Administrative Subcommittee granted approval for legalcounsel to use NCAA funds in an amount certain to augment insurance payments tosecure settlement in a specific case. Shealso reported on the recommendation from the Executive Committee Working Groupon the Federal Arbitration Act. Theworking group recommended that the Committee not support the concept ofaligning NCAA infractions hearing and appeal procedures with ?arbitration? toinvoke the protections of the Federal Arbitration Act. The working group believes that this is not aviable process to meet the needs of the Association at this time. The group report noted that the primaryadvantage of being under the Act was initially thought to be the ability forthe NCAA to issue subpoenas, enforceable by a court of law, for the productionof documents and information during the investigatory process to de-termine ifthere has been a violation of NCAA rules. Through further research and review, the group determined that the Actconfers on arbitrators only a limited power to subpoena witnesses andassociated documents, even in connection with the submission of an existingcase. Judicial interpretation varieswidely on the scope of the authority of an arbitrator or arbitration panel toissue prehearing subpoenas for discovery and depositions in a pendingaction. The working group noted that anarbitration structure would be more complicated and, without prehearingsubpoena power, would create a more adversarial system without the benefit ofaccess to additional information. Giventhe lack of clarity in the law, the working group believes that, for NCAApurposes, the disadvantages of ar-bitration in this context outweigh the advantages.

It was VOTED

?Thatthe Executive Committee not support the concept of aligning NCAA infractionshearing and appeal procedures with arbitration.?

8. NCAA Division I Board of Directors and Divisions II and III Presidents Councils reports.

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

(1) Membership moratorium. Approved a four-year moratorium onDivisionI membership standards as the Association examines a series ofmember-ship issues. As part of this act,a narrative will be provided to the membership explaining the action.

(2) Men?s BasketballAcademic Enhancement Group. Met withDan Guerrero, chair of the new Division I Men?s Basketball Academic EnhancementGroup, which has been established to help recommend changes that improve theacademic culture in men?s college basketball. The Board indicated a commitment to consistency in the academic reformefforts. Additionally, it met with NationalAssociation of Basketball Coaches Executive Director Jim Haney and selectedcoaches serving on the Men?s Basketball Academic Enhancement Group to discusspossible ways to improve academic performance in men?s basketball.

(3) Youth basketball. Received an update on efforts of stakeholdersin men?s basketball, including the NCAA, to develop greater structure for youthbasketball. It noted that addressingissues relative to youth basketball is critical to answering concerns aboutacademic performance in the sport of men?s basketball.

(4) Governance Subcommittee?s recommendations. Received a report from the ManagementCouncil?s Governance Subcommittee regarding its recommendations to revise theDivision I governance process and struc-ture. It agreed that the recommendations should beshared with the membership for comment with the understanding the Board may useits emergency authority to take action on the recommendations in October 2007. (Note: The Board instructed the GovernanceSubcommittee to change its recommendations to provide for the Infractions andInfractions Appeals Committees to report to the Board of Directors.)

(5) Override proposals.

(a) Proposal No. 2006-40. Took no action with regard to the overriderequests on Proposal No. 2006-40, which specified that electronicallytransmitted correspondence that may be sent to a prospective student-athlete islimited to electronic mail and fac-similes. (Note: Accordingly, this proposal will be subject to membership votes atthe 2008 Convention.)

(b) Proposal No. 2006-87. Took no action with regard to the overriderequests on Proposal No. 2006-87. Thisproposal provides, in the sport of golf, that an institution may participate ina total of nine three-day tournaments (with a maximum of 54 holes per tourna-ment)or 24 dates of competition. (Note: Accordingly,this proposal will be subject to membership votes at the 2008 NCAA Convention.)

(c) Proposal No. 2007-9. Amended Proposal No. 2007-9. This pro-posal provides, in part, that aninstitution shall award athletically related financial aid to each counter at aminimum value of 33 percent of an equivalency. The amendment provides that an institution shallaward countable financial aid to each counter at a minimum value of 25 percentof an equivalency. (NOTE: The membershipshall be provided another opportunity to override this action by the Board.)

(6) Proposal No. 2006-17 B. Defeated Proposal No. 2006-17 B, which was tabledin April. This proposal precludesparticipation in a pool or fantasy league in which there is an opportunity towin a prize. By defeating this proposal, all three divisions will havethe same definition of sports wa-gering.

(7) Executive Committee authority. Used its emergency legislative authority toadopt legislation to clarify the Executive Committee?s existing authority bystating expressly the Committee has the authority and responsibility toestablish policies related to NCAA championships events; it agreed to sponsorlegislation to expressly state that the Executive Committee may act on behalfof the Association by adopting and implementing policies to resolve core issuesand other Association-wide matters. (Note: The amendment does not change the duties and responsibilities ofthe Execu-tive Committee, nor does the amendment expand the Executive Committee?sauthority or power.)

(8) Committee on AcademicPerformance (CAP). Received anupdate on the ongoing work of the CAP.

b. Division IIPresidents Council. The Committeereceived an update o n the actions of the Division II Presidents Council thatincluded the following:

(1) Division IIChancellors and Presidents Summit. Received a report from the Division II Chancellorsand Presidents Summit in San Diego, which the Presidents Councilhosted. The intent of the summit was tofurther build on the foundation of the Division II strategic positioningplatform. Approximately 130 Division IIchancellors and presidents attended the Summit,along with 14 conference commissioners and various speakers, guests and NCAAsenior staff members. Three major themesemerged from the discussions that took place at the Summit, and these themes will be used toshape the Division II agenda for the next few years.

(a) Division II should beviewed as a ?membership destination.?

(b) Division II policies,programs and budget initiatives should align with the division?s strategicpositioning platform.

(c) Division II, with itspartial athletics scholarship model, should be recognized as the optimaltuition revenue model for intercollegiate athletics.

(2) Constitutional amendment. Agreed to sponsor legislation for the 2008Convention to amend Constitution 4.1.2 to clarify the Executive Committee?sexisting authority to adopt and implement policy and adopted an administrativechange to Bylaw 31.1.1 to specify that all NCAA championships shall be conductedin accordance with general policies established by the Championships Committee,Management Council, Presidents Council and/or Executive Committee.

(3) Division II regionalization. Ratified the recommendation made by boththe Division II Championships Committee and the Division II Manage-ment Councilto implement a new regionalization model that provides for consistentconference assignments and geographic borders for all Divi-sionIInational championship selections. Theregionalization philosophy is a defining characteristic of Division II membership,where regional scheduling is emphasized. The Council agreed to monitor the impact ofthis new regional model and will consider possible realignments after threeyears of operation.

(4) Game-environment hearing. Received a report regarding the DivisionII Management Council discussions with involved constituents to create a morepositive competition environment that encourages repeat attendance from fansand supporters. This initiative is tieddirectly to the division?s community engagement campaign. The development of an interactive game-environmenteducation toolkit is planned for next year, once the Di-visionIImembership has a chance to discuss the issue at the 2008 Convention. Other opportunities considered are apartnership with the National Federation of State High School Associations anda joint meeting between the Division II Presidents Council and chairs ofDivision II con-ference presidential bodies to discuss these issues.

c. Division III Presidents Council. The Committee received an update on the ac-tionsof the Division III PresidentsCouncil. These included:

(1) Chancellors/PresidentsAdvisory Group. Conducted itssemi-annual meet-ing of its Chancellors/Presidents Advisory Group, focusing ona discussion of membership growth and possible changes to the membership structureto accommodate that growth. The meetingalso emphasized ad-ditional funding for grant programs that promote student-athletewell-being.

(2) Division III membershipmoratorium. Formally endorsed allowingthe cur-rent moratorium on new Division III membership to expire in January2008. It noted that the moratorium is nolonger necessary with the adoption last January of legislation to limit thesize of new provisional member classes to four and to increase standardsnecessary to qualify for provisional membership. The Council also noted that the moratoriummay be masking true interest in Division III membership, which would be valuablein the current discussions regarding how to best accommodate the long-termmembership growth within the Association.

(3) Recruiting communications. Agreed to cosponsor with the Centennialand New England Men?s and Women?s Conferences a 2008 Convention proposallimiting recruiting communications to electronic mail and facsimiles. This prohibits the use of text messaging andsocial networking Web sites in the recruiting process. The Division IStudent-Athlete Advisory Committee (SAAC) recommended this proposal.