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22 Integrity National Office Integrity of Collegiate Model Integrity Fiscal Integrity Ethical FIGURE 4-3 NCAA Board of Governors’ Duties • Promote the relationship of healthy life/athletics/academics. • Serve as advocates for the collegiate model of sports. • Engage in strategic planning for the Association. • Identify, and adopt policy to address, core Association-wide issues. • Convene combined meeting of the three divisional presidential bodies. • Convene one same-site meeting of the Division I Council and Divisions II and III Management Councils. • Call for a vote of the membership on the action of any division determined to be contrary to the basic purposes, policies or principles in the Constitution. • Call for annual or special Convention. • Regulatory function/ enforcement oversight. • Initiate/settle litigation. • Conduct the business of the Board of Governors in an exemplary fashion and with appropriate transparency, adhering to the highest ethical standards. • Periodically assess the performance of the Board of Governors. • Provide final approval and oversight of the Association’s budget, including integrity of the Association’s financial statements and its compliance with legal and regulatory requirements and any financial policies. • Provide final approval and oversight of audit functions and investment recommendations. • Recruit, appoint, support and evaluate the NCAA President. • Charge the NCAA President with the authority to employ such other persons as may be necessary to conduct efficiently the business of the Association. • Oversee and annually review national office performance metrics. • Oversee risk management assessment. 2016-17 Division I – August
CONSTITUTION, ARTICLE 5 Legislative Authority and process 5.01 General Principles [*] 5.01.1 Basis of Legislation. [*1 All legislation of the Association that governs the conduct of the intercolle giate athletics programs of its member institutions shall be adopted by the membership in Convention assembled or by the divisional governance structures as set forth in Constitution 4, as determined by the constitution and bylaws governing each division, and shall be consistent with the purposes and fundamental policy set forth Constitution 1, and shall be designed to advance one or more principles such as those set forth in Constitution 2 E∽ (Revised: 119/96 effective 8/1/97) 5.01.2 Approaches to Legislative Process. [*I The membership of the Association recognizes that cer- tain fundamental polices, practices and principles have applicability to all members, while others are applicabl to division groupings of members, based on a common philosophy shared among the individual members of the division and on special policies and concerns that are common to the nature and purposes of the institutions in he division.(Revised: 119/96 effective 8/1/97) 5.02 Definitions and Applications. 5.02.1 Legislative(Constitution and Bylaw)Provisions. 5.02.1.1 Area of Autonomy. An area of autonomy is a legislative provision that provides legislative fexibil- ity to the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference and South eastern Conference and their member institutions. The above mentioned conferences are granted autonomy in these areas to permit the use of resources to advance the legitimate educational or athletics-related needs e student-athletes and for legislative changes that will otherwise enhance student-athlete well-being. The require- nents for adoption, amendment and expansion of the areas of autonomy are set forth in Constitution 5.3.2.1 A legislative provision that is an area of autonomy is identified by a capital letter A(Adopted: 8/7/14) 5.02.1.2 Dominant [ A dominant provision is a regulation that applies to all members of the Association and is of sufficient importance to the entire membership that it requires a two-thirds majority vote of all del- egates present and voting in joint session at an annual or special Convention. Dominant provisions are identified by an asterisk(" 5.02.1.3 Division Dominant. [* A division dominant provision is a regulation that applies to all members of a division and is of sufficient importance to the division that it requires a two-thirds majority vote of all del- egates present and voting at a divisions annual or special Convention. Division dominant provisions are ident fied by the diamond symbol (.).(Revised: 119/96 effective 8/1/97) 5.02.1.4 Common [*l A common provision is a regulation that applies to more than one of the divisions of the Association. A common provision shall be adopted by each of the applicable divisions, acting separately pur- e si to the divisional legislative process described in Constitution 5.3, and must be approved by all applicable divisions to be effective. Common provisions are identified by the pound sign(#).(Adopted: 1/14197 efective 5.02.1.5 Federated ["I A federated provision is a regulation adopted by a majority vote of the delegates pres- ent and of one or more of the divisions or subdivisions of the Association, acting separately pursuant the divisional legislative process described in Constitution 5.3. Such a provision applies only to the division(s)or subdivision(s) that adopts it. (Revised: 119/96 effective 8/1/97) 5.02.1.6 Football Championship Subdivision Dominant. [FCSD] A Football Championship Subdivi- sion dominant provision is a regulation that applies only to the Football Championship Subdivision and is of sufficient importance to the subdivision that it requires a two-thirds majority vote for adoption or to be amended pursuant to the legislative process set forth in Constitution 5.3. Football Championship Subdivision dominant provisions are identified by the initialization FCSD (Adopted: 1/15/11) 5.1 Conventions and meetings. 5.1.1 Authorization 5.1.1.1 Annual Convention. [* There shall be an annual Convention of this Association during the secon week of January or at such other time as may be prescribed by the Board of Governors. (Revised: 10/30/14) 5.1.1.2 Special Convention. [*] A special Convention of the Association may be called by the Board of Governors. (Revised: 1/9/96 effective 8/1197, 10/30/14) 2016-17 Division /-August
23 5LEGISLATIVE PROCESS CONSTITUTION, ARTICLE 5 Legislative Authority and Process 5.01 General Principles. [*] 5.01.1 Basis of Legislation. [*] All legislation of the Association that governs the conduct of the intercollegiate athletics programs of its member institutions shall be adopted by the membership in Convention assembled, or by the divisional governance structures as set forth in Constitution 4, as determined by the constitution and bylaws governing each division, and shall be consistent with the purposes and fundamental policy set forth in Constitution 1, and shall be designed to advance one or more principles such as those set forth in Constitution 2. (Revised: 1/9/96 effective 8/1/97) 5.01.2 Approaches to Legislative Process. [*] The membership of the Association recognizes that certain fundamental polices, practices and principles have applicability to all members, while others are applicable to division groupings of members, based on a common philosophy shared among the individual members of the division and on special policies and concerns that are common to the nature and purposes of the institutions in the division. (Revised: 1/9/96 effective 8/1/97) 5.02 Definitions and Applications. 5.02.1 Legislative (Constitution and Bylaw) Provisions. 5.02.1.1 Area of Autonomy. An area of autonomy is a legislative provision that provides legislative flexibility to the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference and Southeastern Conference and their member institutions. The above mentioned conferences are granted autonomy in these areas to permit the use of resources to advance the legitimate educational or athletics-related needs of student-athletes and for legislative changes that will otherwise enhance student-athlete well-being. The requirements for adoption, amendment and expansion of the areas of autonomy are set forth in Constitution 5.3.2.1. A legislative provision that is an area of autonomy is identified by a capital letter A. (Adopted: 8/7/14) 5.02.1.2 Dominant. [*] A dominant provision is a regulation that applies to all members of the Association and is of sufficient importance to the entire membership that it requires a two-thirds majority vote of all delegates present and voting in joint session at an annual or special Convention. Dominant provisions are identified by an asterisk (*). 5.02.1.3 Division Dominant. [*] A division dominant provision is a regulation that applies to all members of a division and is of sufficient importance to the division that it requires a two-thirds majority vote of all delegates present and voting at a division’s annual or special Convention. Division dominant provisions are identified by the diamond symbol (◆). (Revised: 1/9/96 effective 8/1/97) 5.02.1.4 Common. [*] A common provision is a regulation that applies to more than one of the divisions of the Association. A common provision shall be adopted by each of the applicable divisions, acting separately pursuant to the divisional legislative process described in Constitution 5.3, and must be approved by all applicable divisions to be effective. Common provisions are identified by the pound sign (#). (Adopted: 1/14/97 effective 8/1/97) 5.02.1.5 Federated. [*] A federated provision is a regulation adopted by a majority vote of the delegates present and voting of one or more of the divisions or subdivisions of the Association, acting separately pursuant to the divisional legislative process described in Constitution 5.3. Such a provision applies only to the division(s) or subdivision(s) that adopts it. (Revised: 1/9/96 effective 8/1/97) 5.02.1.6 Football Championship Subdivision Dominant. [FCSD] A Football Championship Subdivision dominant provision is a regulation that applies only to the Football Championship Subdivision and is of sufficient importance to the subdivision that it requires a two-thirds majority vote for adoption or to be amended pursuant to the legislative process set forth in Constitution 5.3. Football Championship Subdivision dominant provisions are identified by the initialization FCSD. (Adopted: 1/15/11) 5.1 Conventions and Meetings. 5.1.1 Authorization. 5.1.1.1 Annual Convention. [*] There shall be an annual Convention of this Association during the second week of January or at such other time as may be prescribed by the Board of Governors. (Revised: 10/30/14) 5.1.1.2 Special Convention. [*] A special Convention of the Association may be called by the Board of Governors. (Revised: 1/9/96 effective 8/1/97, 10/30/14) 2016-17 Division I – August
5.1.2 Annual or Special Convention Programs. 5.1.2.1 Establishment of Program-Annual or Special Convention. [* The program of the business session of an annual or special Convention of the Association shall be established by the Board of Governors, acting as the Convention program committee.(Revised. 119/96 effective 8/1/97, 10/30/14) 5.1.2.1.1 Change in Program. [*1 Once adopted by a majority vote of the Convention, the order of business established in the program may be changed or suspended only by a two-thirds vote of the members 5.1.2.2 Other Convention Arrangements. ["1 All other arrangements for a Convention of the Association or for division legislative meetings shall be made by the NCAA president, subject to the direction and approval of the board of governors, which shall serve as the Convention arrangements committee.(Revised: 10/30/14) 5.1.2.3 Business and Discussion Sessions 5.1.2.3.1 General Business Session. [* When determined necessary by the Board of Governors,an annual or special Convention shall include a general business session to enable all three divisions, meeting in int session, to act on the dominant legislation specified in Constitution 1 and 2 and elsewhere, and on the actions of any division determined to be contrary to the Associations basic purposes, fundamental policies and general principles. (Revised: 1/10/91, 1/9/96 effective 8/1197, 10/30/14) 5.1.2.3.2 Division Business Sessions. [* An annual or special Convention shall include separate divi sion business sessions to: (Revised: 1/10/91, 119/96 effective 8/1197) (a) Enable a single division to act, in accordance with the constitution and bylaws, on federated legisla tion pertaining to that division (b) Discuss matters of interest to the members of each division; and (c) Act upon division membership criteria waiver requests under the provisions of the bylaws 5.1.2.3.3 Round-Table Discussions. [*]In addition to the division business sessions, a general round table discussion may be held to enable the membership to discuss matters of general interest. 5.1.3 Annual or Special Convention Delegates. 5.1.3.1 Institutional and Conference Delegates. 5.1.3.1.1 With Voting Privileges. [* Each active member and each member conference with voting privileges, as specified in Constitution 3. 3. 2. 2, shall be entitled to one vote. Institutions and conferences designating both a male and a female as voting or alternate delegates on the Convention appointment form shall be allowed to appoint four official institutional delegates. In all other circumstances, institutions shall be limited to not more than three official delegates. (Revised: 1/10/92) 5.1.3.1.2 Without Voting Privileges. [" Each member conference without voting privileges shall be entitled to one accredited delegate without voting privilege 5.1.3.2 Affiliated Delegates. [* Each affiliated member shall be entitled to one accredited delegate without voting privilege.(Revised: 1/15/11 effective &/1/11) 5.1.3.3 Visiting Delegates. [* Member and nonmember institutions and organizations are authorized to d visiting delegates, who shall not have voting privilege 5.1.3.4 Certification and Voting of Delegates. [* The certification and voting of delegates shall be con- ducted as follows:(Revised: 3/8/06) (a) Delegates shall be certified to the NCAA national office as entitled to represent the member in question by the proper executive officers of their institutions or organizations; b) An active member or member conference represented by more than one delegate shall designate(on the proper form signed by the president or chancellor)the delegate entitled to cast its vote. Once the member has so designated its primary voting and alternate voting delegates, transferring the voting rights between or among them is a matter of institutional judgment, inasmuch as the voter and alternate(s) have been (c) The same delegate may represent both an active member and a member conference; (d)a delegate shall not represent any active member or member conference unless the identified with such member, and an institutions student may not serve as its voting delegate actually (e) Whenever the Association votes on any question by roll call, either written or via voice, on demand of any delegate, the names of delegates as they vote shall be checked by the Membership Committee in order te rify the authority of the voter; and (f) Voting by proxy shall not be allowed 2016-17 Division /-August
24 5.1.2 Annual or Special Convention Programs. 5.1.2.1 Establishment of Program—Annual or Special Convention. [*] The program of the business session of an annual or special Convention of the Association shall be established by the Board of Governors, acting as the Convention program committee. (Revised: 1/9/96 effective 8/1/97, 10/30/14) 5.1.2.1.1 Change in Program. [*] Once adopted by a majority vote of the Convention, the order of business established in the program may be changed or suspended only by a two-thirds vote of the members present and voting. 5.1.2.2 Other Convention Arrangements. [*] All other arrangements for a Convention of the Association or for division legislative meetings shall be made by the NCAA president, subject to the direction and approval of the Board of Governors, which shall serve as the Convention arrangements committee. (Revised: 10/30/14) 5.1.2.3 Business and Discussion Sessions. 5.1.2.3.1 General Business Session. [*] When determined necessary by the Board of Governors, an annual or special Convention shall include a general business session to enable all three divisions, meeting in joint session, to act on the dominant legislation specified in Constitution 1 and 2 and elsewhere, and on the actions of any division determined to be contrary to the Association’s basic purposes, fundamental policies and general principles. (Revised: 1/10/91, 1/9/96 effective 8/1/97, 10/30/14) 5.1.2.3.2 Division Business Sessions. [*] An annual or special Convention shall include separate division business sessions to: (Revised: 1/10/91, 1/9/96 effective 8/1/97) (a) Enable a single division to act, in accordance with the constitution and bylaws, on federated legislation pertaining to that division; (b) Discuss matters of interest to the members of each division; and (c) Act upon division membership criteria waiver requests under the provisions of the bylaws. 5.1.2.3.3 Round-Table Discussions. [*] In addition to the division business sessions, a general roundtable discussion may be held to enable the membership to discuss matters of general interest. 5.1.3 Annual or Special Convention Delegates. 5.1.3.1 Institutional and Conference Delegates. 5.1.3.1.1 With Voting Privileges. [*] Each active member and each member conference with voting privileges, as specified in Constitution 3.3.2.2, shall be entitled to one vote. Institutions and conferences designating both a male and a female as voting or alternate delegates on the Convention appointment form shall be allowed to appoint four official institutional delegates. In all other circumstances, institutions shall be limited to not more than three official delegates. (Revised: 1/10/92) 5.1.3.1.2 Without Voting Privileges. [*] Each member conference without voting privileges shall be entitled to one accredited delegate without voting privilege. 5.1.3.2 Affiliated Delegates. [*] Each affiliated member shall be entitled to one accredited delegate without voting privilege. (Revised: 1/15/11 effective 8/1/11) 5.1.3.3 Visiting Delegates. [*] Member and nonmember institutions and organizations are authorized to send visiting delegates, who shall not have voting privileges. 5.1.3.4 Certification and Voting of Delegates. [*] The certification and voting of delegates shall be conducted as follows: (Revised: 3/8/06) (a) Delegates shall be certified to the NCAA national office as entitled to represent the member in question by the proper executive officers of their institutions or organizations; (b) An active member or member conference represented by more than one delegate shall designate (on the proper form signed by the president or chancellor) the delegate entitled to cast its vote. Once the member has so designated its primary voting and alternate voting delegates, transferring the voting rights between or among them is a matter of institutional judgment, inasmuch as the voter and alternate(s) have been approved as voters; (c) The same delegate may represent both an active member and a member conference; (d) A delegate shall not represent any active member or member conference unless the delegate actually is identified with such member, and an institution’s student may not serve as its voting or alternate voting delegate; (e) Whenever the Association votes on any question by roll call, either written or via voice, on demand of any delegate, the names of delegates as they vote shall be checked by the Membership Committee in order to verify the authority of the voter; and (f) Voting by proxy shall not be allowed. 2016-17 Division I – August
5.1.3.5 Delegate Participation in Conventions and Meetings. 5.1.3.5.1 Active Delegate. [* Privileges of the foor and the right to active participation in the business oceedings of any annual or special Convention of the Association is accorded to the following: (Adopted. 1/091, Revised. I/1002,1996 effective8/97,5/dhei8l,103014 (a) Any of the accredited delegates authorized in Constitution 5 1.3.1.1 to represent an active (b) The single accredited delegate authorized in Constitution 5.1.3.1. 2 to represent a member ence without voting privileges or in Constitution 5.1.3.2 to represent an affiliated member; (c) Any member of the Board of Governors, the divisional governance entities per Constitution 4 and the chair(or a committee member designated to speak for the chair)of an NCAA committee listed in Bylaw 21; and E∽ (d) Any member of a divisions Student-Athlete Advisory Committee. 5.1.3.5.2 Visiting Delegate. [* Visiting delegates authorized in Constitution 5. 1.3. 3 shall not actively participate in the business proceeding 5.1.4 Operational Procedures. 5.1. 4.1 Quorum. [* One hundred (100)active members and member conferences represented as prescribed in this constitution shall constitute a quorum for the transaction of the Associations business. For purposes of roting by membership divisions, 40 members of each division shall constitute a quorum 5.1.4.2 Parliamentary Rules. [* The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall be the parliamentary authority for the conduct of all meetings of the Association. Addition- ally, they shall be the deciding reference used in case of parliamentary challenge in all instances to which they apply and in which they are not superseded by this constitution, the bylaws or any special rule of order adopted by the Association in accordance with Constitution 5.4.3 5.1.4.3 Consideration of Legislation. [I Legislation shall be acted upon only at the Convention business in accordance with the constitution and bylaws 5.1.4.3.1 Order and Grouping of Legislation. [* In the consideration of groupings of related amend- ments or amendments-to-amendments, the Convention shall consider first the proposal that contemplates the greatest modification of the present circumstance, followed by the other proposals in the order of de- creasing modification. Once a proposal in such a grouping is adopted, those that follow ordinarily will 5.1.4.3.2 Legislation at General Session. [* Dominant legislation per Constitution 1 and 2 where, and federated legislation determined by the Board of Governors to be contrary to the Association basic purposes, fundamental policies and general principles shall be acted on by the divisions meeting in joint session.(Revised: 1/10/91, 1/9/96 effective 8/1/97, 10/30/14) 5.1.4.3.3 Legislation at Division Sessions. [* Legislation pertaining only to a single division of the Association may be acted on in a separate legislative session of that division. Federated legislation pertaining to more than a single division of the Association may be acted on by the appropriate divisions during the separate division business sessions. (Revised: 1/10/91, 119/96 effective 8/1197) 5.1.4.3.4 Football Classification, Voting. A member institution shall be entitled to vote on legislative issues pertaining only to football in the subdivision in which it is classified. 5.1.4.3.4.1 Restriction. An active member or member conference with no football program sha not be permitted to vote on issues affecting only football 5.1. 4.3.4.2 Football Championship Subdivision Member Applying Bowl Subdivision Football Legislation. A Football Championship Subdivision member that elects to be governed by the legislation pertaining to the Football Bowl Subdivision in accordance with Bylaw 20.7.1.1 shall be ligible to vote on issues pertaining to championship subdivision football. (Revised: 12/15/06) 5.1.4.3.4.3 Conference of Football Bowl Subdivision and Football Championship Subdi- vision Members. a conference whose members are divided between the football bowl subdivision d the Football Championship Subdivision shall vote in the subdivision in which the majority of its members are classified; or if the membership is divided equally between the two subdivisions, the sub- division in which it shall vote shall be determined by the Council Administrative Committee. Revised 12/1506,1/107 fective8//08,8/7/14 effective85 5.1.4.4 Voting Methods. [" The methods of voting at an NCAA Convention shall be by voice, paddle, roll call and/or secret ballot, in accordance with the following procedures: (a) Voice Vote. The presiding officer shall determine whether to use voice voting. In the taking of a voice vote, if the presiding officer is in doubt, or on request for a division of the assembly by any member eli gible to vote on the particular issue, the presiding officer shall retake the vote by a show of paddles 2016-17 Division /-August
25 5LEGISLATIVE PROCESS 5.1.3.5 Delegate Participation in Conventions and Meetings. 5.1.3.5.1 Active Delegate. [*] Privileges of the floor and the right to active participation in the business proceedings of any annual or special Convention of the Association is accorded to the following: (Adopted: 1/10/91, Revised: 1/10/92, 1/9/96 effective 8/1/97, 1/15/11 effective 8/1/11, 10/30/14) (a) Any of the accredited delegates authorized in Constitution 5.1.3.1.1 to represent an active member or member conference with voting privileges; (b) The single accredited delegate authorized in Constitution 5.1.3.1.2 to represent a member conference without voting privileges or in Constitution 5.1.3.2 to represent an affiliated member; (c) Any member of the Board of Governors, the divisional governance entities per Constitution 4 and the chair (or a committee member designated to speak for the chair) of an NCAA committee listed in Bylaw 21; and (d) Any member of a division’s Student-Athlete Advisory Committee. 5.1.3.5.2 Visiting Delegate. [*] Visiting delegates authorized in Constitution 5.1.3.3 shall not actively participate in the business proceedings. 5.1.4 Operational Procedures. 5.1.4.1 Quorum. [*] One hundred (100) active members and member conferences represented as prescribed in this constitution shall constitute a quorum for the transaction of the Association’s business. For purposes of voting by membership divisions, 40 members of each division shall constitute a quorum. 5.1.4.2 Parliamentary Rules. [*] The rules contained in the current edition of Robert’s Rules of Order, Newly Revised, shall be the parliamentary authority for the conduct of all meetings of the Association. Additionally, they shall be the deciding reference used in case of parliamentary challenge in all instances to which they apply and in which they are not superseded by this constitution, the bylaws or any special rule of order adopted by the Association in accordance with Constitution 5.4.3. 5.1.4.3 Consideration of Legislation. [*] Legislation shall be acted upon only at the Convention business sessions in accordance with the constitution and bylaws. 5.1.4.3.1 Order and Grouping of Legislation. [*] In the consideration of groupings of related amendments or amendments-to-amendments, the Convention shall consider first the proposal that contemplates the greatest modification of the present circumstance, followed by the other proposals in the order of decreasing modification. Once a proposal in such a grouping is adopted, those that follow ordinarily will become moot. 5.1.4.3.2 Legislation at General Session. [*] Dominant legislation per Constitution 1 and 2 and elsewhere, and federated legislation determined by the Board of Governors to be contrary to the Association’s basic purposes, fundamental policies and general principles shall be acted on by the divisions meeting in joint session. (Revised: 1/10/91, 1/9/96 effective 8/1/97, 10/30/14) 5.1.4.3.3 Legislation at Division Sessions. [*] Legislation pertaining only to a single division of the Association may be acted on in a separate legislative session of that division. Federated legislation pertaining to more than a single division of the Association may be acted on by the appropriate divisions during the separate division business sessions. (Revised: 1/10/91, 1/9/96 effective 8/1/97) 5.1.4.3.4 Football Classification, Voting. A member institution shall be entitled to vote on legislative issues pertaining only to football in the subdivision in which it is classified. 5.1.4.3.4.1 Restriction. An active member or member conference with no football program shall not be permitted to vote on issues affecting only football. 5.1.4.3.4.2 Football Championship Subdivision Member Applying Bowl Subdivision Football Legislation. A Football Championship Subdivision member that elects to be governed by the legislation pertaining to the Football Bowl Subdivision in accordance with Bylaw 20.7.1.1 shall be eligible to vote on issues pertaining to championship subdivision football. (Revised: 12/15/06) 5.1.4.3.4.3 Conference of Football Bowl Subdivision and Football Championship Subdivision Members. A conference whose members are divided between the Football Bowl Subdivision and the Football Championship Subdivision shall vote in the subdivision in which the majority of its members are classified; or if the membership is divided equally between the two subdivisions, the subdivision in which it shall vote shall be determined by the Council Administrative Committee. (Revised: 12/15/06, 11/1/07 effective 8/1/08, 8/7/14 effective 8/1/15) 5.1.4.4 Voting Methods. [*] The methods of voting at an NCAA Convention shall be by voice, paddle, roll call and/or secret ballot, in accordance with the following procedures: (a) Voice Vote. The presiding officer shall determine whether to use voice voting. In the taking of a voice vote, if the presiding officer is in doubt, or on request for a division of the assembly by any member eligible to vote on the particular issue, the presiding officer shall retake the vote by a show of paddles. 2016-17 Division I – August
(b)Paddle Vote. The presiding officer shall determine whether to use paddle voting, which may be plished through electronic collection. In the taking of a vote by show of paddles, if the presiding is in doubt, or on the request of any member eligible to vote on the particular issue, the presiding ag officer shall order the vote to be counted. (Revised: 1/3/07) (c) Secret Ballot. Voting by secret ballot shall be conducted only when so ordered by a majority of the eli- gible delegates present and voting, after the making of an undebatable motion to vote in that manner (d)Roll Call. Voting by roll call, on issues other than those so designated by the Divisions II and III presiden tial administrative groups, shall be conducted only when so ordered by a majority of present and voting, after the making of an undebatable motion to vote in that manner. If both a roll-call vote and a secret ballot are moved on a particular issue, the vote shall be taken first on whether to vote by roll call. Any interim or later vote to amend, postpone, reconsider, refer or table a proposal that has been designated by the presidential administrative groups for a roll-call vote during the Convention also must be conducted by roll-call vote.(Revised: 1/10/92, 1/9/96 effective 8/1197) 5.2 Elements of Legislation. 5.2.1 Constitution. [* The membership may adopt legislation to be included in the constitution of the As- ociation,which sets forth basic purposes, fundamental policies and general principles that generally serve as the basis on which the legislation of the Association shall be derived and which includes information relevant to the of the Association. (Revised: 1/9/96 effective 8/1/97 5.2.2 Operating Bylaws. [* Each division may adopt legislation to be included in the operating bylaws of the Association, which provide rules and regulations not inconsistent with the provisions of the constitution and which shall include, but not be limited to, the following particulars: (Revised: 119/96 effective 8/1/97) (a) The administration of intercollegiate athletics by members of the Association (b) The establishment and control of NCAA championships(games, matches, meets and tournaments)and other athletics events sponsored or sanctioned by the Association; (c) The procedures for administering and enforcing the provisions of the constitution and bylaws; and (d) The adoption of rules of play and competition in the various sports, and the delegation of authority in con- ction with such subjects to individuals, officers or committees 5.2.3 Administrative Bylaws. [* The administrative bylaws of the Association(administrative regulatic and executive regulations) provide rules and regulations for the implementation of policy adopted by the member provide greater flexibility and efficiency in the conduct of the affairs of the Association, (s ing bylaws in that, to ship as set forth in the constitution and ing bylaws. They are distinct from the ted amended by the applicable divisional presidential administrative group, the Division I Council and the Division III Management Council. (Revised: 119/96 effective 8/1/97, 11/1107 effective 8/1108, 1/19/13, 7/31/14,8/7/14) 5.2.3.1 Administrative Regulations. [* Each division is empowered to adopt or revise administrative reg- ulations consistent with the provisions of the constitution and bylaws, subject to amendment by the Divisions II and Ill membership, for the implementation of policy established by legislation governing the general activiti of each division. The administrative bylaws may be adopted or amended by the applicable division presidential administrative group, the Division I Council and the Division III Management Council or at any annual pecial Convention by a majority vote of the delegates in Divisions II and ill present and voting in accordance with the legislative process. (Revised: 119/96 effective 8/1197, 11/1107 effective 8/1/08, 8/7/14) 5.2.3.2 Executive Regulations. [* Each division is empowered to adopt or revise executive onsistent with the provisions of the constitution and bylaws, subject to amendment by the Divisions II and diture of the divisions funds, the distribution of the income of the division and the general administration of the affairs of the division. The executive regulations may be adopted or amended by the applicable divisie special Convention by a majority vote of the delegates in Divisions II and Ill present and voting in accordan o administrative group, the Division I Council and the Division III Management Council or at any annual with the legislative process. ( Revised: 1/9/96 effective 8/1197, 11/1107 effective 8/1108, 8/7/14) 5.2.3.3 Enforcement Policies and Procedures. [* The Committee on Infractions is empowered to adopt or revise policies and procedures for the conduct of the Associations infractions program, subject to approval by the Board of Directors for Division I and by the applicable Management Council for Division II and Division Ill. These policies and procedures shall be developed by the Committee on Infractions, shall not be inconsistent with the provisions of the constitution and bylaws and shall be subject to amendment by the membership. The Infractions Appeals Committee may adopt or revise policies and procedures that relate directly to the appeals rocess, subject to review and approval by the board of Directors for Division I, the Presidents Council for Di- vision II and the Management Council for Division Ill. Such policies and procedures shall not be inconsistent ith the provisions of the constitution and bylaws and shall be subject to amendment by the membership ( Re- h:l//07 efective8/1/08,4510,12/2007314 2016-17 Division /-August
26 (b) Paddle Vote. The presiding officer shall determine whether to use paddle voting, which may be accomplished through electronic collection. In the taking of a vote by show of paddles, if the presiding officer is in doubt, or on the request of any member eligible to vote on the particular issue, the presiding officer shall order the vote to be counted. (Revised: 1/3/07) (c) Secret Ballot. Voting by secret ballot shall be conducted only when so ordered by a majority of the eligible delegates present and voting, after the making of an undebatable motion to vote in that manner. (d) Roll Call. Voting by roll call, on issues other than those so designated by the Divisions II and III presidential administrative groups, shall be conducted only when so ordered by a majority of the eligible delegates present and voting, after the making of an undebatable motion to vote in that manner. If both a roll-call vote and a secret ballot are moved on a particular issue, the vote shall be taken first on whether to vote by roll call. Any interim or later vote to amend, postpone, reconsider, refer or table a proposal that has been designated by the presidential administrative groups for a roll-call vote during the Convention also must be conducted by roll-call vote. (Revised: 1/10/92, 1/9/96 effective 8/1/97) 5.2 Elements of Legislation. 5.2.1 Constitution. [*] The membership may adopt legislation to be included in the constitution of the Association, which sets forth basic purposes, fundamental policies and general principles that generally serve as the basis on which the legislation of the Association shall be derived and which includes information relevant to the purposes of the Association. (Revised: 1/9/96 effective 8/1/97) 5.2.2 Operating Bylaws. [*] Each division may adopt legislation to be included in the operating bylaws of the Association, which provide rules and regulations not inconsistent with the provisions of the constitution and which shall include, but not be limited to, the following particulars: (Revised: 1/9/96 effective 8/1/97) (a) The administration of intercollegiate athletics by members of the Association; (b) The establishment and control of NCAA championships (games, matches, meets and tournaments) and other athletics events sponsored or sanctioned by the Association; (c) The procedures for administering and enforcing the provisions of the constitution and bylaws; and (d) The adoption of rules of play and competition in the various sports, and the delegation of authority in connection with such subjects to individuals, officers or committees. 5.2.3 Administrative Bylaws. [*] The administrative bylaws of the Association (administrative regulations and executive regulations) provide rules and regulations for the implementation of policy adopted by the membership as set forth in the constitution and operating bylaws. They are distinct from the operating bylaws in that, to provide greater flexibility and efficiency in the conduct of the affairs of the Association, they may be adopted or amended by the applicable divisional presidential administrative group, the Division I Council and the Division III Management Council. (Revised: 1/9/96 effective 8/1/97, 11/1/07 effective 8/1/08, 1/19/13, 7/31/14, 8/7/14) 5.2.3.1 Administrative Regulations. [*] Each division is empowered to adopt or revise administrative regulations consistent with the provisions of the constitution and bylaws, subject to amendment by the Divisions II and III membership, for the implementation of policy established by legislation governing the general activities of each division. The administrative bylaws may be adopted or amended by the applicable division presidential administrative group, the Division I Council and the Division III Management Council or at any annual or special Convention by a majority vote of the delegates in Divisions II and III present and voting in accordance with the legislative process. (Revised: 1/9/96 effective 8/1/97, 11/1/07 effective 8/1/08, 8/7/14) 5.2.3.2 Executive Regulations. [*] Each division is empowered to adopt or revise executive regulations consistent with the provisions of the constitution and bylaws, subject to amendment by the Divisions II and III membership. Executive regulations relate to the administration of the division’s championships, the expenditure of the division’s funds, the distribution of the income of the division and the general administration of the affairs of the division. The executive regulations may be adopted or amended by the applicable division presidential administrative group, the Division I Council and the Division III Management Council or at any annual or special Convention by a majority vote of the delegates in Divisions II and III present and voting in accordance with the legislative process. (Revised: 1/9/96 effective 8/1/97, 11/1/07 effective 8/1/08, 8/7/14) 5.2.3.3 Enforcement Policies and Procedures. [*] The Committee on Infractions is empowered to adopt or revise policies and procedures for the conduct of the Association’s infractions program, subject to approval by the Board of Directors for Division I and by the applicable Management Council for Division II and Division III. These policies and procedures shall be developed by the Committee on Infractions, shall not be inconsistent with the provisions of the constitution and bylaws and shall be subject to amendment by the membership. The Infractions Appeals Committee may adopt or revise policies and procedures that relate directly to the appeals process, subject to review and approval by the Board of Directors for Division I, the Presidents Council for Division II and the Management Council for Division III. Such policies and procedures shall not be inconsistent with the provisions of the constitution and bylaws and shall be subject to amendment by the membership. (Revised: 11/1/07 effective 8/1/08, 4/5/10, 12/20/10, 7/31/14) 2016-17 Division I – August