Division i Legislative Process

LEGISLATIVE PROCESS

5.2.3.4 Institutional Performance Program Policies and Procedures. The Committee on Institutional Performance is empowered to adopt or revise policies and procedures for the conduct of the Association’s institu-tional performance program, subject to approval by the Legislative Council. These policies and procedures shall be developed by the Committee on Institutional Performance, shall not be inconsistent with the provisions of the constitution and bylaws, and shall be subject to amendment by the membership. (Adopted: 1/16/93 effective 1/1/94, Revised: 11/1/07 effective 8/1/08, 1/19/13)

5.2.3.5 Academic Performance Program Policies and Procedures. The Committee on Academic Per-formance shall have the authority to adopt or revise policies and procedures for the conduct of the academic performance program, subject to the approval of the Board of Directors. (Adopted: 4/29/04, Revised: 11/1/07 effective 8/1/08)

5.2.4 resolutions. [*] Legislation of a temporary character effective only for a specified time period may be enacted through resolutions not inconsistent with the constitution, bylaws (including administrative bylaws) and special rules of order (see Constitution 5.4.2).

5.2.5 interpretations of Constitution and Bylaws. [*] The divisional presidential administrative groups, the Division I Legislative Council and the Division II and Division III Management Councils, and the di-visional interpretative committees, in the interim between meetings of the Division I Legislative Council and the Division II and Division III Management Councils, are empowered to make interpretations of the constitution and bylaws (see Constitution 5.4.1). (Revised: 1/9/96 effective 8/1/97, 8/31/05, 11/1/07 effective 8/1/08)

5.2.6 special rules of order. [*] The Association may adopt special rules of order not inconsistent with the constitution and bylaws. These special rules, with Robert’s Rules of Order, Newly Revised, this constitution, and the bylaws, shall be the parliamentary authority for the conduct of all meetings of the Association and, together, shall be the deciding reference used in case of parliamentary challenge in all instances to which they apply (see Constitution 5.4.3).

5.2.7 statements of Division Philosophy. [*] The membership of a division or subdivision, through appropriate deliberative processes, may prepare a statement of division philosophy relating to the development and operation of an intercollegiate athletics program in the division. Such a statement is not binding on member institutions but shall serve as a guide for the preparation of legislation by the division and for planning and imple-mentation of programs by institutions and conferences (see Constitution 5.4.4).

5.3 Amendment Process.

5.3.1 Authorizing Legislation.

5.3.1.1 Amendment. [*] The dominant provisions of Constitution 1 and 2 and elsewhere and the division dominant provisions may be amended only at an annual or special Convention. In Division I, federated provi-sions may be amended as specified in Constitution 5.3.2. In Diviprovi-sions II and III, federated proviprovi-sions may be amended at any annual or special Convention. (Revised: 1/9/96 effective 8/1/97, 1/14/97 effective 8/1/97)

5.3.1.2 Amendment-to-Amendment—Dominant Provisions. [*] A proposed amendment to the dom-inant provisions of Constitution 1 and 2 and elsewhere may be amended at any annual or special Convention.

From July 15 through September 15, sponsors of proposed legislation may refine and change proposals in any manner that is germane to the original proposal. After September 15, proposed amendments may be amended only if the amendment to the proposed amendment does not increase the modification of the provision to be amended. (Adopted: 1/9/96 effective 8/1/97)

5.3.1.3 Amendment-to-Amendment—Division Dominant Provisions. A proposed amendment to a division dominant provision may be amended at any annual or special Convention. From July 15 through Sep-tember 15, sponsors of proposed legislation may refine and change proposals in any manner that is germane to the original proposal. After September 15, proposed amendments may be amended only if the amendment to the proposed amendment does not increase the modification of the provision to be amended. (Adopted: 1/9/96 effective 8/1/97)

5.3.2 Division i Legislative Process.

5.3.2.1 Authority to Adopt or Amend Legislation. Legislation applicable to Division I may be adopted or amended at any meeting of the Board of Directors or of the Legislative Council. (Adopted: 1/9/96 effective 8/1/97, Revised: 11/1/07 effective 8/1/08)

5.3.2.1.1 Amendments Proposed by Board of Directors, Leadership Council or Legislative Council. The Board of Directors, Leadership Council or Legislative Council may sponsor legislative amendments for consideration as emergency or noncontroversial legislation or in the regular legislative cycle or at any legislative Convention. A member also may move that current or proposed policies and procedures become legislative proposals, subject to the override process. (Adopted: 1/14/97 effective 8/1/97, Revised: 4/28/05, 11/1/07 effective 8/1/08)

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5.3.2.2 Process for Adoption or Amendment of Legislation.

5.3.2.2.1 Legislative Council Action—Initial Review. On initial review of a legislative proposal, the Legislative Council shall conduct a single vote to accomplish one of the following actions: (Adopted: 1/9/96 effective 8/1/97, Revised: 4/24/03, 10/27/05, 4/27/06, 11/1/07 effective 8/1/08)

(a) Adopt. A proposal that receives approval by at least a two-thirds majority vote of the Legislative Council members present and voting shall be considered adopted subject to possible review by the Board of Directors at its next meeting; (Adopted: 10/27/05, Revised: 4/27/06, 11/1/07 effective 8/1/08) (b) Distribute for Membership Review. If a proposal is not adopted, but a majority of the Legislative Council members present and voting vote to adopt the proposal or to forward it to the membership for review and comment, or if the combined votes for the two options equal at least a majority, it shall be forwarded to the membership for review and comment pursuant to Constitution 5.3.2.4.1;

or (Adopted: 10/27/05, Revised: 4/27/06, 11/1/07 effective 8/1/08)

(c) Defeat. A proposal that fails to receive the votes necessary for adoption or distribution to the mem-bership for review and comment shall be considered defeated. (Adopted: 10/27/05, Revised: 4/27/06) 5.3.2.2.1.1 Amendment by Legislative Council. The Legislative Council may amend a proposal by a three-fourths majority vote of the Legislative Council members present and voting. (Adopted:

11/1/07 effective 8/1/08)

5.3.2.2.2 Legislative Council Action—Final Review. At its next regular meeting after the period for membership review and comment (see Constitution 5.3.2.4), the Legislative Council shall consider the reactions and suggestions received and take action on the proposed change. If the proposed change receives a majority vote of those Legislative Council members present and voting, it shall be considered adopted, subject to the possible review by the Board of Directors at its next meeting. If the proposed change does not receive a majority vote of those Legislative Council members present and voting, it shall be considered defeated. The Legislative Council’s action will be considered final at the conclusion of the next Board of Directors meeting, provided the action is not amended or rescinded by the Board. (Adopted: 1/9/96 effective 8/1/97, Revised: 4/24/03, 10/27/05, 11/1/07 effective 8/1/08)

5.3.2.2.2.1 Amendment by Legislative Council. The Legislative Council may amend a proposal by a three-fourths majority vote of the Legislative Council members present and voting, provided the amendment does not increase the modification specified in the original proposal. (Adopted: 4/13/10) 5.3.2.2.3 Legislative Council—Sunset Provision. If, within two legislative meetings, the Legislative Council fails to act on a proposed change, it shall be considered defeated; however, when appropriate, the Legislative Council may extend the time period for action. (Adopted: 11/1/07 effective 8/1/08)

5.3.2.2.4 Board of Directors Action.

5.3.2.2.4.1 Legislation Adopted by the Legislative Council. Legislation adopted by the Legis-lative Council shall be subject to review by the Board of Directors at its next meeting. At its discretion, the Board of Directors may ratify, amend or defeat legislation adopted by the Legislative Council.

(Adopted: 1/9/96 effective 8/1/97, Revised: 4/28/05, 11/1/07 effective 8/1/08)

5.3.2.2.4.2 Legislation Defeated by the Legislative Council. The Board of Directors may re-store a proposal defeated on initial review by the Legislative Council. The Board may forward the proposal to the membership for review and comment in its original form or amend the proposal and forward it for review and comment. The Board also may adopt the proposal in its original form or amend and adopt it. The Board may resurrect a proposal defeated on final review by the Legislative Council and consider the proposal on its merits. The Board also may amend such a proposal. (Adopted:

4/28/05 effective 8/1/05, Revised: 11/1/07 effective 8/1/08)

5.3.2.2.5 Emergency or Noncontroversial Legislation. The Legislative Council or Board of Direc-tors may adopt emergency or noncontroversial legislation during any meeting. Such legislation may be adopted only by at least a three-fourths majority of the members of the adopting body present and voting.

(Adopted: 11/1/07 effective 8/1/08)

5.3.2.2.6 Bowl Subdivision and Championship Subdivision Football. Members of the Board of Directors or Legislative Council who are representatives of conferences that are members of the Foot-ball Bowl Subdivision and the FootFoot-ball Championship Subdivision shall vote separately in their respective subdivisions on legislative issues that pertain only to football. (Adopted: 1/9/96 effective 8/1/97, Revised:

12/15/06, 11/1/07 effective 8/1/08)

5.3.2.2.6.1 Geographical Representation. An institution classified as a Football Bowl Subdivi-sion independent or a Football Championship SubdiviSubdivi-sion independent shall have its views expressed on football issues by a predetermined Football Bowl Subdivision or Football Championship Subdi-vision conference representative, respectively, within the institution’s geographical region. (Adopted:

1/9/96 effective 8/1/97, Revised: 12/15/06)

5.3.2.3 Membership Override of Legislative Changes. The membership may override the adoption of legislation by the Legislative Council or the Board of Directors or the defeat of legislation by the Board of

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LEGISLATIVE PROCESS

rectors. Notification of the adoption of legislation by the Legislative Council or the Board of Directors or the defeat of legislation by the Board of Directors shall be provided to the membership within 15 days of the date of the Board of Directors’ meeting on which the adoption or defeat became final. (Adopted: 1/9/96 effective 8/1/97, Revised: 1/14/97 effective 8/1/97, 11/1/07 effective 8/1/08)

5.3.2.3.1 Call for an Override Vote. In order to call for a vote to override the adoption or defeat of a legislative change, written requests for such a vote from at least 75 active member institutions with voting privileges must be received in the national office not later than 5 p.m. Eastern time within 60 days of the date of the Board of Directors’ meeting on which the adoption or defeat became final. An override vote request must be approved by the institution’s chancellor or president. The institution’s chancellor or presi-dent or his or her designated representative may submit the override vote request to the national office. An adopted legislative change shall be suspended upon receipt of 125 requests pending the vote by the member-ship. (Adopted: 1/9/96 effective 8/1/97, Revised: 1/10/98, 8/11/98, 3/1/06, 3/8/06, 5/25/07, 11/1/07 effective 8/1/08, 8/11/11)

5.3.2.3.2 Call for an Override Vote—Bowl Subdivision Football-Only Issues. In order to call for a vote to override the adoption or defeat of a football-only legislative change applicable to the Football Bowl Subdivision, written requests for such a vote from at least 25 active Football Bowl Subdivision member institutions with voting privileges must be received in the national office not later than 5 p.m. Eastern time within 60 days of the date of the Board of Directors’ meeting in which the adoption or defeat became final.

An override vote request must be approved by the institution’s chancellor or president. The institution’s chancellor or president or his or her designated representative may submit the override vote request to the national office. An adopted legislative change shall be suspended upon receipt of 50 requests for an override vote, pending the vote by the Football Bowl Subdivision membership. (Adopted: 8/11/11)

5.3.2.3.3 Call for an Override Vote—Championship Subdivision Football-Only Issues. In or-der to call for a vote to override the adoption or defeat of a football-only legislative change applicable to the Football Championship Subdivision, written requests for such a vote from at least 25 active Football Championship Subdivision member institutions with voting privileges must be received in the national office not later than 5 p.m. Eastern time within 60 days of the date of the Board of Directors’ meeting in which the adoption or defeat became final. An override vote request must be approved by the institution’s chancellor or president. The institution’s chancellor or president or his or her designated representative may submit the override vote request to the national office. An adopted legislative change shall be suspended upon receipt of 50 requests for an override vote, pending the vote by the Football Championship Subdivi-sion membership. (Adopted: 1/14/97 effective 8/1/97, Revised: 1/10/98, 3/1/06, 3/8/06, 12/15/06, 5/25/07, 11/1/07 effective 8/1/08, 8/11/11)

5.3.2.3.4 Conference Requests. A conference may file requests for an override vote on behalf of its member institutions. To take such action, a conference must annually submit to the Board of Directors its procedures to ensure that its presidents or chancellors have delegated this authority. The override vote re-quest must be approved by the chair of the conference’s official presidential group or at least two chancellors or presidents of the conference’s member institutions if the conference has no presidential administrative group. (Adopted: 1/14/97 effective 8/1/97, Revised: 1/10/98, 3/1/06, 3/8/06, 12/15/06, 5/25/07)

5.3.2.3.5 Legislative Council or Board of Directors Review. Once the required number of override requests has been received, the Legislative Council or the Board of Directors will review its legislative deci-sion. If the decision is not changed, a vote by active members shall take in accordance with policies and procedures established by the Administration Cabinet. (Adopted: 4/28/11 effective 8/1/11)

5.3.2.3.6 Five-Eighths Majority Vote. At least a five-eighths majority vote of the active members vot-ing shall be required to override the legislative action taken by the Legislative Council or the Board of Directors. The vote shall be based on the principle of one institution, one vote and all override votes shall be taken with recorded roll calls. (Adopted: 1/9/96 effective 8/1/97, Revised: 1/14/97 effective 8/1/97, 11/1/07 effective 8/1/08, 4/28/11 effective 8/1/11)

5.3.2.4 Notification to Membership.

5.3.2.4.1 Membership Review and Comment. Proposed changes for which the Legislative Council recommends membership review and comment shall be forwarded to the membership within 15 days of adjournment of the Board of Directors’ meeting immediately after the Legislative Council’s actions. To be considered by the Legislative Council in its final review of the proposed change, any comments from the membership shall be received in the national office within 60 days of the adjournment of the Board of Directors’ meeting immediately after the Legislative Council’s actions. (Adopted: 1/9/96 effective 8/1/97, Revised: 8/11/98, 10/28/99, 11/1/00, 4/24/03, 10/27/05, 4/27/06, 11/1/07 effective 8/1/08)

5.3.2.4.2 Amendment-to-Amendment. A conference or cabinet may submit an amendment to any proposal under review during the 60-day comment period, provided the amendment does not increase the modification specified in the original proposal. (Adopted: 1/9/96 effective 8/1/97, Revised: 8/11/98, 10/28/99, 11/1/00, 4/24/03, 10/27/05, 4/27/06, 11/1/07 effective 8/1/08)

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5.3.2.5 Other Rules and Procedures. The Board of Directors may approve such additional rules and pro-cedures governing the legislative process consistent with the provisions of this section (Constitution 5.3.2) as it determines are necessary to ensure an efficient process to meet the legislative needs of the membership. (Adopted:

1/9/96 effective 8/1/97)