Association Considers Appeal in Stanford Drug-Testing Case
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November 23.1987, Volume 24 Number 41 Nominees for vacancies Association considers appeal on Council announced in Stanford drug-testing case The NCAA Nominating Com- mittee this week announced its NCAA legal counsel is studying a of anabolic steroid and cocaine use to Stanford University.” possible appeal of a Federal judge’s slate of candidates to fill January by athletes. For that reason, the Association 1988 vacancies on the NCAA ruling that would exclude Stanford NCAA counsel John J. Kitchin will continue with its plans for drug University’s student-athletes from Council, as well as its choice to of Kansas City, Missouri, said he testing at certain fall championships the Association’s drug-testing pro- serve for the next two years as and the Association’s top officers and football bowl games. gram in all sports but football and Division I11 vice-president. would discuss the case and appeal Robert Van Nest, attorney for men’s basketball. Each year, the committee’s procedures during the week of No- Stanford football player BarryMc- nominations appear in the Offi- Superior Court Judge Conrad vember 23. Keever and soccer player Jennifer Rushing ruled November I9 in San cial Notice of the annual Con- Kitchin told The NCAA News Hill, who fought the NCAA testing, Jose, California, that involuntary vention and in The NCAA News. November 20 that he had just re- said the decision “declares (the pro- testing by the NCAA violates the The Official Notice will be mailed ceived a copy of the judge’s ruling gram) vastly overbroad both in test- U.S. Constitution and the California and had not had time to review it from the national office Novem- ing for too many drugs and too constitution. ber 25. thoroughly. many athletes.” Rushing ordered the NCAA to The Nominating Committee Although Rushing’s decision has Stanford President Donald cease testing in all other sports at faced only one pending vacancy been termed by plaintiffs’ lawyers Kennedy said that the decision “vin Stanford and to return to court as a “sweeping repudiation” of the among the NCAA officers and dicates Stanford’s belief that stu- December 4 with a plan for testing drug-testing program’s value, Kit- nominated Alvin J. Van Wie, dent-athletes should be treated like in football and men’s basketball, chin said that Judge Rushing “was director of athletics at the College other students.” where there has been some evidence careful in applying his decision only of Wooster, to replace Judith M. See Association, page 3 Alvin J. Van Wie Sweet, University of California, San Diego, as Division III vice- icks, University of Dayton; president. Van Wie has been a Albert M. Witte, University of As Manual revision nears an end, member of the NCAA Council Arkansas, Fayetteville, and How- for the past two years. ard “Bud” Elwell, Gannon Uni- The other four NCAA officers versity. members to be asked for opinions continue their respective two- Election of the Division 111 A year from now, NCAA demic standards, competitive equity year terms: President Wilford S. vice-president will take place member institutions should be re- and institutional control,” he con- Bailey, Auburn University; Sec- during the Division 111 business ceiving printed copies of a com- tinued. “These principles should be retary-Treasurer Thomas J. Frer- See Nominees, puge 3 pletely revised NCAA Manual for the basis for all NCAA legislation. review in advance of the 1989 Con- If they are not (included in a revised vention, where delegates will be Manual), we believe there will be asked to vote on its adoption. Asso- something missing. Lenislation reflects ciation President Wilford S. Bailey, “More important on a day-to- who chairs the Special Committee day level is the other resolution for on Deregulation and Rules Simpli- the 1988 Convention,” Bailey of- grGwth in ‘federation’ fication, said the group is seeing fered. “We are asking the member- The increasing “federation” of voyage in January 1986, a total of light at the end of the project’s ship for authorization to create a Association activities is reflected in 28 proposals were assigned to the tunnel. section (in the Manual) of adminis- the steady growth in the number of separate divisions and subdivisions. “The committee currently is work- trative regulations somewhat like legislative proposals handled by the That represented 25.5 percent of the ing on the projected schedule for existing executive regulations. This separate divisions and subdivisions I IO proposals faced by the ‘86 Con- completion of the (Manual revision) section would, for example, include at NCAA Conventions. vention. project,” Bailey said. “After more the detailed content of the student- When a special committee re- Last January, the total increased than two years of work, the com- athlete statement and the annual commended in 1984 that the Asso- to 44 division-specific matters. The mittee is within sight of its goal.” academic report for Division I. ciation’s membership divisions be percentage moved up to 28.9 (on 44 Bailey said some actions will be “The legislative process for ad- permitted to vote in their own sepa- of I52 proposals). requested of delegates at the 1988 Wilfod S. Bailey ministrative regulations would be rate business sessions on legislation For the January I988 Convention Convention in Nashville. “There modeled after the executive regula- applying only to the separate divi- in Nashville, a total of 50 different are two areas of particular impor- collegiate athletics that will (if ap- tions,” Bailey said. “Those measures sions, the goal was a streamlining of proposals face the separate divisions tance that require action at the 1988 proved) be included in the revised can be amended by the NCAA the Convention’s general business and subdivisions. Of the 163 pro- Convention,” he noted. “There will Manual as Article 2 of the constitu- Executive Committee throughout session. posals before the Convention, that be two resolutions on the agenda in tion,” Bailey explained. “It then the year and by vote of the member- But the division voting-first represents 30.7 percent. Nashville relating to our ongoing would become effective with adop- ship at the annual Convention. If used at the 1986 annual Conven- Dlvlsions II, Ill efforts to make the Manual easier tion of the revised Manual. approved, the administrative regu- tiot-p clearly shows a steady in- While the movement toward to use and NCAA legislation easier “In the course of revising the lations would come under the pur- crease in both the number of issues greater “federation” often is viewed to understand.” Manual, it has become apparent to view of the Council and be subject acted upon by the separate divisions as a matter of greater interest to Prlnclples for conduct members of the committee that the to change by Convention vote. and the percentage of all legislation Division I (and especially Division “One of the resolutions asks the Association needs to adopt a clear, “The move is similar to what has that is handled in that manner. I-A) than to the other divisions, it is membership to approve a set of concise statement of principles re- been done with the Association’s In division voting’s maiden See Lkgislation. page 3 principles for the conduct of inter- lating to issues like recruiting, aca- See As Manual. page 2 Commission pinpoints three satisfactory-progress proposals (Editor k Note: 7%~ is the second Since it was formed in 1984, the amendments in the special grouping, Council amendment that would The CPA approach hardly is new. in a series of seven articles detailing Commission has used its authority both to correct voting circumstances add minimum grade-point-average Comparable proposals have been the legislation to be considered at to determine placement of amend- that evoked criticism from some requirements to the progress rule. voted upon -and rejected -at six the 1988 unnuul Convention. This ments in the agenda for NCAA chief executives at the Commission’s Specifically, the proposal ~ recom- of the past seven annual Conven- article reviews the proposals in the Conventions by specifying that cer- special Convention in June. One mended by the Special Council Sub- tions. Here is the legislative history: special grouping ident$ed b~v the tain items be handled early in the deals with when proposals can be committee to Review Academic l 1981: When the NCAA Coun- NCAA Presidents Commi.rsion. (1s general business session, thus facili- reconsidered, and the other is a step Standards ~ would require a I .600 cil’s proposal to establish satisfac- well as the grouping dealing with tating attendance and participation to protect the effectiveness of pro- GPA for eligibility after the first tory-progress requirements beyond academic requirements.) by CEOs. posals identified by the Commission seaSon of competition, a I .800 after those in effect at the institutions This year, the Commission’s of- for rollcall votes. the second, and a 2.000 after the themselves was adopted, a Big Ten Three amendments to tighten the ficers identified live proposals for After the Commission grouping, third and subsequent seasons. Conference proposal to do the same, Association’s satisfactory-progress the early grouping, and it will be the the Convention will face I4 other Noting that the Presidents Com- but including grade-point require- legislation-including two alterna- first major legislative segment dealt amendments dealing with academic mission has not supported this con- ments, was defeated by Divisions I, tives to annual certification of eligi- with after the consent packages are requirements. Nine of those would cept in its previous discussions, the II and III. bility under that rule -.~ are featured voted upon early in the morning treat Bylaw 5-l+) as it applies to Commission officers identified the l 1982: Members of the Big Eight in the special legislative grouping January 13.