Intercollegiate Athletics

I. Authorization for approval of proposals for change in level of competition as defined by National Collegiate Athletic Association (NCAA) or the National Junior College Athletic Association (NJCAA)

The chancellor is authorized to approve proposals for changes in the level of NCAA or NJCAA competition for the athletic program of state-operated campuses of the State University of New York provided that such proposals:

A.   Are based on a campus submission of a five-year operational and capital plan for intercollegiate athletics which includes projected expenditures and revenues and sources of funding including state funds, athletic fees, unrestricted endowment income and other sources;

B.   Demonstrate support for the plan based upon widespread consultation with the campus and community constituents;

C.   Recognize that financial support from alumni and the community will bear a major share of the costs;

D.   Stipulate that grants-in-aid will be administered in strict compliance with NCAA/NJCAA rules and regulations and may be funded from state funds, athletic fee revenues, unrestricted endowment income and other funding sources;

E.   Assure that equitable athletic opportunity will be provided for members of both sexes, so that no person, on the basis of sex, will be excluded from participation in, be denied the benefits of, or be subject to discrimination in the overall intercollegiate athletics program of the campus;

F.   Stipulate that any increase in state funding for the operational budget of intercollegiate athletics cannot come at the expense of academic programs and essential activities at a campus or by diverting funds from other University campuses;

G.   Stipulate that any required changes in or additions to capital facilities to upgrade intercollegiate athletics cannot detract from the normal capital requirements of the campus or the capital needs of the University; and

H.    Insure that all funds utilized in support of the intercollegiate athletics program will be allocated, administered and expended directly under the authority of the campus president in strict compliance with NCAA/NJCAA regulations and University guidelines for the establishment and conduct of campus intercollegiate athletics boards.

II. Guidelines for the establishment and conduct of the campus intercollegiate athletics board at state-operated campuses of the State University of New York

The State University Board of Trustees provide for the formation of campus boards of athletic control (hereinafter referred to as the Intercollegiate Athletics Board or IAB) to monitor, review and recommend policy for the intercollegiate athletics programs, in compliance with NCAA and NJCAA guidelines.

A. Name

The Board of Athletic Control shall be called the [campus name] Intercollegiate Athletics Board, hereinafter referred to as the Board. The Board is responsible to and reports to the campus president.

B. Duties

The Board shall conduct appropriate reviews and engage in such other activities that will enable it to advise the campus president on such intercollegiate athletics program matters as:

1. Planning for intercollegiate athletics participation on that campus and in conferences; 2. Funding for intercollegiate athletics (see section II.D); 3. Standards and policies for student participation in intercollegiate athletics; 4. Preparation of an annual report for the intercollegiate athletics program; and 5. Other matters appropriate to its purview referred to it by the campus president.

C. Membership

1. Members

a. To ensure compliance with policies of the NCAA or NJCAA, as applicable, faculty and administrators combined shall comprise the majority of the voting membership of the Board;

b. To ensure adequate student representation, no less than one-third of the voting membership of the Board shall be students, including at least one male and one female member from campus intercollegiate athletics teams and at least one student representative who is not a member of an intercollegiate athletics team;

c. To be eligible for voting membership on the Board, the following requirements must be met:

i. The administration and faculty members shall be full-time employees of the institution as defined by regulations of the NCAA or NJCAA, (i.e., see NCAA Constitution, Article 6 – Institutional Control, section 6.1.2.1.1) as applicable; at least one faculty member shall be from an academic discipline other than physical education;

ii. The student members shall be enrolled full-time in the institution, in a degree program, and be in good academic standing when appointed to the Board, and must remain in full-time enrollment and in good academic standing while serving as members; and

iii. The alumni members shall be holders of a degree from the campus where they are appointed to the Board.

d. The number of voting members of the Board shall be set initially by the campus president; thereafter, the number shall be specified in the Board's Bylaws (see section II.E).

2. Selection of members

a. Faculty and student members of the Board shall be appointed by the campus president after consultation with appropriate governance bodies.

b. Administrative and other members of the Board shall be selected by the campus president.

c. Both the chair of the Board and the institution's voting delegate to the NCAA or NJCAA shall be appointed by the campus president and must be faculty members or administrators.

d. Non-voting members of the Board may be appointed at the discretion of the campus president.

3. Tenure of members

a. Each Board shall include as part of its Bylaws a delineation of the length of term for members.

b. To ensure ample continuity when new members are appointed, the initial appointees to the Board shall be assigned staggered termination dates by the campus president.

D. Funding of Intercollegiate Athletics

1. Preparation of Budget

a. The Board shall formulate the annual intercollegiate athletics budget and recommend it to the campus president for approval.

b. The annual budget shall include all available and expected funds for intercollegiate athletics from any and all sources and shall set forth total expected expenditures for intercollegiate athletics.

c. Budgets are expected to be based upon the preceding year's final budget, with increases or decreases dependent upon changes in enrollment, fee increases, inflation, and changes in the intercollegiate athletics program.

d. In the event that actual allocations and receipts from any and all budget sources fall short of or exceed such budgeted amounts, the Board shall revise its budget accordingly and recommend the revised budget to the campus president for approval.

2. Disbursement of Funds

a. All funds identified by the Board for support of the intercollegiate athletics program shall be deposited into such account(s) and administered in accordance with fiscal and accounting procedures as shall be issued by the vice chancellor for finance and business.

b. Total expenditures from the established account(s) shall be in conformance with the approved budget.c. All intercollegiate athletics accounts are subject to University audit procedures.

E. Board Operations

Each Board shall adopt its own bylaws, subject to approval by the campus president.

III. Mandatory Athletic Fees

Intercollegiate athletic programs can be supported by a fee approved following guidelines established by the vice chancellor for finance and business. See Fee Policy.

Significant changes have occurred to the policies regarding athletic grants-in-aid and the process for upgrading the level of athletic competition. In an unnumbered Memorandum to Presidents from William Murabito dated December 9, 1996, the state-operated campus presidents were notified of Board of Trustees resolution 96-73 passed on May 29, 1996, which allowed intercollegiate athletics fees to be used for athletic grants-in-aid and to support the ability of a campus to upgrade its level of competition. In a subsequent unnumbered Memorandum to Presidents from Brian Stenson dated May 6, 1999, the state-operated campus presidents were advised that the cap on the intercollegiate athletics fee was removed by Board of Trustees Resolution 98-86 adopted June 23, 1998. The resolution also allowed for the use of State funds, unrestricted endowment income and intercollegiate athletics fee income for athletic grants-in-aid.

Previously, the athletic fee cap was increased from $30 to $50 to $100 (Board of Trustees Resolutions 93-263 and 96-171) per semester and finally in 1998, (Board of Trustees Resolution 98-86) the cap was removed all together. Under a new fee policy, broad-based fees such as the intercollegiate athletics fee require a student consultative process prior to increases. Increases to broad-based fees (including the intercollegiate athletics fee) are governed by the limitations contained in Board of Trustees Resolution 01-19 and set forth in the State University Fee Policy Guidelines.

On May 24, 1988, the Board of Trustees passed resolution 88-79 adopting the Chancellor’s recommendations for guidelines for the formal establishment and conduct of Intercollegiate Athletics Boards on campuses. On October 26, 1988, the Board of Trustees passed resolution 88-219, establishing for the first time the possibility for an athletics fee if campuses so chose to institute one. This fee, initially capped at $30 per semester, required a change in 8 NYCRR 302.1. The change in regulations was finalized and fiscal guidelines were established for the management of the intercollegiate athletics budget, requests for the establishment of fees and handling/use of credit cards. The Board of Trustees resolutions were first communicated to the campus presidents by Chancellor D. Bruce Johnstone on October 31, 1988. This memo was followed by a summary Memorandum to Presidents from Frank Pogue on October 22, 1990, Vol. 90, No. 11.

On April 25, 1973, the State University Board of Trustees passed resolution 73-112 supporting the pursuit of intercollegiate athletics but continuing the prohibition of athletic grants-in-aid. On May 28, 1986, the Board of Trustees in resolution 86-104, reversed the prohibition against athletic grants-in-aid and allowed for changes in the level of athletic competition by campuses. However, the caveat against using state funds or unrestricted funds from endowment income for grants-in-aid persisted.