1. BOTTOM UP OR TOP DOWN, Part II: RULEMAKING AND OVERRIDES Prof. Brian D. Shannon Prof. Martha Putallaz

2. The Legislative Process – As We Knew It

3. Former Process - Overrides

4. 2011 Legislation 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 30 75 …. An adopted legislative change shall be suspended upon receipt of 100 125 requests pending the vote by the membership. 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 30 75 …. An adopted legislative change shall be suspended upon receipt of 100 125 requests pending the vote by the membership.

5. 2011 Legislation 5.3.2.3.2 Call for an Override Vote -- FBS 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 FBS, written requests for such a vote from at least 25 active FBS member institutions with voting privileges must be received …. An adopted legislative change shall be suspended upon receipt of 50 requests for an override vote, pending the vote by the FBS membership. 5.3.2.3.2 Call for an Override Vote -- FBS 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 FBS, written requests for such a vote from at least 25 active FBS member institutions with voting privileges must be received …. An adopted legislative change shall be suspended upon receipt of 50 requests for an override vote, pending the vote by the FBS membership.

6. 2011 Legislation 5.3.2.3.3 Legislative Council or Board of Directors Review. Once the required number of override requests has been received, the Leg. Council or the Board … will review its legislative decision. If the decision is not changed, a vote by the active members shall take place at the next annual Convention of the Association in accordance with policies and procedures established by the Administration Cabinet. 5.3.2.3.3 Legislative Council or Board of Directors Review. Once the required number of override requests has been received, the Leg. Council or the Board … will review its legislative decision. If the decision is not changed, a vote by the active members shall take place at the next annual Convention of the Association in accordance with policies and procedures established by the Administration Cabinet.

7. New Policies Electronic posting of override requests with comments Electronic posting of override requests with comments Other members can view during the open period (1) who has requested an override, and (2) comments Other members can view during the open period (1) who has requested an override, and (2) comments

8. New Policies If there are enough requests for an override vote, members vote electronically during a specified window If there are enough requests for an override vote, members vote electronically during a specified window Members cannot view how others are voting and no comments can be provided during the voting period Members cannot view how others are voting and no comments can be provided during the voting period

9. 2011-12 Application A different top-down process A different top-down process $2,000/COA legislation $2,000/COA legislation Multi-year scholarship legislation Multi-year scholarship legislation

10. Results Miscellaneous Expense Allowance (Proposal 2011-96) Miscellaneous Expense Allowance (Proposal 2011-96) 160 Override requests  Board suspended and ultimately defeated the proposal. No override vote 160 Override requests  Board suspended and ultimately defeated the proposal. No override vote Multiyear Scholarships (Proposal 2011-97) Multiyear Scholarships (Proposal 2011-97) 82 Override requests  Board put the proposal up for override vote 82 Override requests  Board put the proposal up for override vote

11. The Override Vote was Close Total members eligible to vote: 367 Total members eligible to vote: 367 336 schools and 31 conferences 336 schools and 31 conferences 37 (10%) did not vote 37 (10%) did not vote 35 did not cast vote and 2 abstained 35 did not cast vote and 2 abstained 125 (37.88%) voted to defeat the override 125 (37.88%) voted to defeat the override 205 (62.12%) voted to support the override 205 (62.12%) voted to support the override Total S+D = 330 (5/8 = 206.25 members) Total S+D = 330 (5/8 = 206.25 members) Override FAILED (62.5% required) Override FAILED (62.5% required)

12. So, the vote was 205-125, meaning if two members had changed their votes (207-123) or if four additional members had voted (209-125) in support of the override, the legislation would have been overridden. So, the vote was 205-125, meaning if two members had changed their votes (207-123) or if four additional members had voted (209-125) in support of the override, the legislation would have been overridden. Two groups to consider who affected the outcome: Two groups to consider who affected the outcome: The Conference Offices The Conference Offices The Ivy League The Ivy League

13. Conferences Cast Override Votes Too 3.02.3.2 Member Conference 3.02.3.2 Member Conference “… A member conference is entitled to all of the privileges of active members except the right to compete in NCAA championships (see Constitution 3.3.2). Only those conferences that meet specific criteria as competitive and legislative bodies (see Constitution 3.02.1 and 3.02.2) and minimum standards related to size and division status are permitted to vote on legislation or other issues before the Association.”

14. Conferences Voting Contrary to the Majority of their Member Schools ConferenceSupport Override Against Override No Vote/ Abstain Conference Vote Big South901Against C-USA822Against West Coast621Against Summit630Against MAC750Against ACC651Against Southern912No vote Horizon730No vote Big Sky423No vote Missouri Valley 640No vote Big West540Abstain

15. And, two conferences voted not to support the override even though the member schools’ vote was evenly split: The Big East and The Patriot League

16. The Ivy League Saved the Legislation Ivy League member schools do not award athletic scholarships to their student-athletes. Ivy League member schools do not award athletic scholarships to their student-athletes. Ivy League Override Votes: Ivy League Override Votes: 1 school did not vote (Columbia) 1 school did not vote (Columbia) 1 school abstained (Harvard) 1 school abstained (Harvard) 1 voted to support the override (Yale) 1 voted to support the override (Yale) 6 voted to defeat the override (including the conference) 6 voted to defeat the override (including the conference)

17. Differences in Voting Processes (Ordinary vs. Override) Schools vote as a conference (weighted vote from 1-3) vs. every member has a vote. Schools vote as a conference (weighted vote from 1-3) vs. every member has a vote. Members = schools and conference offices. Members = schools and conference offices. Majority of weighted vote needed to enact vs. 5/8 of those voting required to overturn. Majority of weighted vote needed to enact vs. 5/8 of those voting required to overturn. Evaluating is different from overturning. Evaluating is different from overturning. Voting not to enact something is different from voting to overturn something in place. Voting not to enact something is different from voting to overturn something in place. Conference vote vs. member vote is public. Conference vote vs. member vote is public.

18. The Relative Influence of Conferences Differs in the Legislative Process and the Override Process Conf Vote # votes ACC313 Big 12311 Big East317 Big Ten313 C-USA313 Pac-12313 SEC313 MAC1.513 MWC1.59 Sun Belt 1.513 WAC1.59 Conf Vote # votes America East 1.215 A-101.215 A-Sun1.211 Big Sky1.210 Big South 1.211 Big West 1.210 CAA1.213 Horizon1.211 Ivy League 1.29 MAAC1.211 Conf Vote # votes MEAC1.214 MVC1.211 NEC1.213 OVC1.211 Patriot1.29 SoCon1.213 South- land 1.213 SWAC1.211 The Sum- mit 1.210 WCC1.210

19. Override Requests (and Comments) and Override Votes are Public RECRUITS BEWARE. Top schools opposed multi-yr schollys for option 2 fire u 4 any reason i.e. injury. 'Bama, LSU & more ‪ http://bit.ly/Ash96U ‪ http://bit.ly/Ash96U All 48 schools opposing multi-yr scho llys & their awful reasons listed below self-serving schools voting against $2k ‪ http://bit.ly/sCqZ9h ‪ http://bit.ly/sCqZ9h Twitter Comments from the National College Players Association

20. Lessons Learned Voting matters! Literally every vote counts. Voting matters! Literally every vote counts. Examine the process by which your conference determines its override vote. Examine the process by which your conference determines its override vote. In this case, conferences were more supportive of the legislation than their member schools were. In this case, conferences were more supportive of the legislation than their member schools were. All of these process issues matter. All of these process issues matter. Committee membership, process changes important Committee membership, process changes important NCAA Governance structure examination coming NCAA Governance structure examination coming Make best friends with your compliance staff! Make best friends with your compliance staff! !