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Constitution the Big Sky Conference

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Constitution the Big Sky Conference 2012-2013 CONSTITUTION CONSTITUTION OF THE BIG SKY CONFERENCE PREAMBLE The members of the Big Sky Conference subscribe to the principle that intercollegiate athletics is a vital part of higher education, and is regarded as an integral part of the educational program, and that the intercollegiate athletic experience is equally valuable for both male and female students. Institutions are committed to providing athletic opportunities on an equitable basis without regard to gender. The intercollegiate athletic programs shall be administered and conducted in a manner consistent with the institutions' educational policies. Fundamental to the successful application of any set of rules is the spirit of mutual confidence and cooperation. It is the function of this Conference to encourage intercollegiate athletics on an amateur basis with institutional control. The members of this Conference are dedicated to a continuing effort to maintain intercollegiate athletics in harmony with the essential educational purposes of the institution. To reinforce these principles, the Big Sky Conference believes in and subscribes to the fundamental purposes, policies, and principles governing the conduct of intercollegiate athletics as adopted by the National Collegiate Athletic Association (NCAA). These include the purposes and fundamental policy contained in Article 1 of the NCAA Constitution and the principles for conduct of intercollegiate athletics are found in Article 2. ARTICLE I NAME The name of the organization shall be the Big Sky Conference. ARTICLE II AFFILIATION The Big Sky Conference is a Division I member of the National Collegiate Athletic Association. ARTICLE III PURPOSES The purposes of the Conference shall be: Section 1. To govern intercollegiate athletic competition of member institutions; Section 2. To promote high standards in academic scholarship and athletic competition; Section 3. To provide an atmosphere of trust, confidence, cooperation, and sportsmanship in all athletic competition; Section 4. To develop public appreciation of the educational values of intercollegiate athletics; Section 5. To bring about full cooperation of all members in the maintenance of high standards of eligibility and enhance the administration of intercollegiate athletics; and Section 6. To subscribe to the Human Rights Policy: In accordance with the generally accepted policies of affirmative action and equal opportunity, there shall be no discrimination with respect to race, color, religion, ethnic origin, age, sex, or disability status practiced at the Conference office or at member institutions in the conduct of their intercollegiate athletic programs. Section 7. The Conference is organized exclusively for educational purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code. 1 2012-2013 CONSTITUTION ARTICLE IV GOVERNANCE Section 1. GOVERNANCE OF THE CONFERENCE The governance of the Conference shall be established by this Constitution, the Operating Code, the Sports Policies, and Championship Policies. Section 2. APPLICATION OF NCAA LEGISLATION The Big Sky Conference is a member of the NCAA and as such is bound by NCAA rules and regulations unless Conference or institutional rules are more restrictive. Section 3. INSTITUTIONAL CONTROL Membership in the Conference is based on the principle of active institutional control of athletics. Responsibility in all matters of Conference athletic policy shall rest with the member institutions. Section 4. GOVERNING BODIES AND POWERS A. The Conference shall be governed by the Presidents' Council which shall have legislative authority. The Presidents' Council shall review and give final approval to all policy matters acted on by the Conference Council. B. The Conference Council has the power to enact matters of management and control in all aspects of intercollegiate athletics among the member institutions. C. The Faculty Athletics Representatives' Council has the power to enact matters of academic management and has primary responsibility for the enforcement of Conference standards, ethics and eligibility rules. D. The Joint Athletic Administrators' Council shall direct the athletic programs in the respective institutions and shall make recommendations for changes to the Conference Council. Section 5. Conference members shall be bound by the same controls when competing with non-Conference institutions, unless otherwise specifically noted. Section 6. Each member institution agrees to enact and enforce such measures necessary to carry out Conference regulations, both in letter and in spirit. ARTICLE V MEMBERSHIP Section 1. MEMBERS OF THE CONFERENCE ARE: Eastern Washington University Idaho State University The University of Montana Montana State University University of North Dakota Northern Arizona University University of Northern Colorado Portland State University Sacramento State Southern Utah University Weber State University Cal Poly (Football Affiliate) UC Davis (Football Affiliate) 2 2012-2013 CONSTITUTION Section 2. MEMBERSHIP A. Member institutions shall be Division I members of the NCAA and classified as Football Championship Subdivision in football. B. Member institutions shall meet the NCAA Division I membership criteria as set forth in NCAA Bylaws. C. Member institutions may participate as members of another Conference only in those sports not recognized or sponsored by the Conference. Section 3. AFFILIATE MEMBERSHIP A. Affiliate members may be accepted to the Big Sky Conference in a given sport by a two-thirds (2/3) vote of the member institutions. B. Affiliate membership may be permitted in those sports where additional sponsoring institutions are needed to conduct championships. C. Affiliate member institutions may not vote on Conference matters. D. Institutions applying for affiliate membership must be NCAA Division I members in that sport. Section 4. NEW MEMBERS Institutions may become members of the Big Sky Conference by invitation or written application. Admittance requires two-thirds (2/3) vote of the member institutions. Membership shall not be acted upon at the same meeting at which it is proposed. A. Entrance Fee 1. An institution invited to join the Conference as a Core (Operating Code, Article I, Section 1) member shall pay a non-refundable entrance fee of $250,000. In addition, it must pay one share of the current Conference equity (as of the most recent audit). The Presidents Council may periodically make specific arrangements with an institution for payment of fees, other than what is stated herein. 2. An institution invited to join the Conference as an Affiliate member shall pay a non-refundable entrance fee as described below. An Affiliate member is not responsible to pay a share of the Conference equity; however, it will make no claim to Conference equity should there be a distribution from this fund. Unless otherwise agreed, all fees are due prior to participation in Conference schedules. The Presidents’ Council may periodically make specific arrangements with an institution for payment of fees, other than what is stated herein: a. An Affiliate member, whose membership includes men’s basketball, shall pay a non-refundable entrance fee equal to $250,000. Unless otherwise agreed upon, these members would begin to share NCAA basketball revenue immediately (at the first distribution) upon entering the Conference. b. An Affiliate member whose membership does not include men’s basketball shall pay a non-refundable entrance fee equal to $150,000. Section 5. A. WITHDRAWAL 1. A member institution may withdraw from the Conference upon written notice to the Commissioner and each president of its intention to withdraw by July 1 prior to the commencement of the year in which withdrawal shall be effective. A member institution may withdraw from the Conference upon written notice to all Conference members by the 3 2012-2013 CONSTITUTION President of the withdrawing institution at least one year prior to the effective date of withdrawal. 2. An institution that has forwarded to the NCAA National office written notice of its intention to change its football membership classification from Division IAA (FCS) to Division IA (FBS) prior to the completion of its final football season with the Conference shall be ineligible to compete for the Big Sky Conference Football Championship. This is effective on the date the institution’s written notice is received by the NCAA office. 3. An institution that has announced its intention to withdraw from the Conference is not eligible to receive a regular (i.e., television, championships revenue, surplus, etc.) or special (i.e., new initiative funding, etc.) distribution made from the Conference to its membership, effective immediately upon written notice of intent to withdraw. 4. An institution that has announced its intention to withdraw shall not vote on issues affecting future Conference operation or policy. 5. All scheduled commitments of the withdrawing institution with other member institutions of the Conference shall be honored or fulfilled unless dissolved by mutual agreement of the affected member institutions. All scheduled commitments of the withdrawing institution with other member institutions of the Conference shall be honored or fulfilled unless dissolved by mutual agreement of the affected member institutions. B. FAILURE TO PROVIDE NOTIFICATION The failure of an institution to provide proper notification will result in the Conference, by a majority vote of its members, excluding all teams from the withdrawing institution
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