ncaa-manual

5Legislative Process5.4 Other Legislative and Amendment Procedures.5.4.1 Interpretations of Constitution and Bylaws.5.4.1.1 Authorization. The Board of Directors and the Legislative Council, and the Legislative Review/Interpretations Committee in the interim between meetings of the Board of Directors and Legislative Council,are empowered to make interpretations of the constitution and bylaws (see Constitution 5.2.5). (Revised: 1/9/96effective 8/1/97, 11/1/07 effective 8/1/08)5.4.1.1.1 Modification of Wording. In addition to its general authority to make binding interpretationsof NCAA legislation, the Legislative Council, by a two-thirds majority of its members present andvoting, may interpret legislation consistent with the intent of the membership in adopting the legislation ifsufficient documentation and testimony are available to establish clearly that the wording of the legislationis inconsistent with that intent. The Legislative Council shall initiate the legislative process to confirm anysuch interpretations. (Revised: 1/9/96 effective 8/1/97, 11/1/07 effective 8/1/08)5.4.1.2 Interpretation Process.5.4.1.2.1 Staff Interpretation (Determination). The academic and membership affairs staff shall respondto a request from a member institution for an interpretation of NCAA rules. (Revised: 1/14/97 effective8/1/97, 8/5/04, 4/24/08)5.4.1.2.1.1 Appeal of Staff Interpretation. An institution may appeal a staff interpretation tothe Legislative Review/Interpretations Committee. Such a request must be submitted in writing by theinstitution’s conference or by one of the five individuals who are authorized to request interpretationson behalf of the institution (president or chancellor, faculty athletics representative, athletics director,senior woman administrator, senior compliance administrator, or a designated substitute for thepresident or chancellor and/or athletics director, as specified in writing to the national office). (Revised:1/10/91, 1/11/94, 1/14/97 effective 8/1/97, 8/5/04, 3/8/06, 4/24/08)5.4.1.2.1.1.1 Institutional Participation. An institution may participate by teleconferencein the appeal of an interpretation if the activity at issue already has occurred and the interpretativedecision could result in an individual or institutional violation. The Legislative Review/InterpretationsCommittee shall establish policies and procedures relating to an institution’s participation.(Adopted: 4/25/02, Revised: 8/5/04, 4/24/08)5.4.1.2.1.2 Review of Staff Interpretations. The Legislative Review/Interpretations Committeeshall review all staff interpretations. (Adopted: 4/24/08)5.4.1.2.1.3 Publication and Notification. A staff interpretation shall be binding on the requestinginstitution on notification of the response to its interpretation request, unless the interpretation ismodified or reversed on appeal or review by the Legislative Review/Interpretations Committee. A staffinterpretation that has been reviewed and approved by the Legislative Review/Interpretations Committeeshall be binding on all other institutions on publication to the membership (e.g., announced on theNCAA website or Legislative Services Database for the Internet). (Adopted: 4/24/08)5.4.1.2.2 Review of Legislative Review/Interpretations Committee’s Decision. The LegislativeCouncil shall review all interpretations issued by the Legislative Review/Interpretations Committee andmay approve, reverse or modify such interpretations. A member institution may appeal a decision of theLegislative Review/Interpretations Committee to the Legislative Council. The appeal must be submitted inwriting by the institution’s president or chancellor, faculty athletics representative or director of athletics.The Legislative Council shall establish the procedures for such an appeal. A decision of the Legislative Councilis final and no additional appeal opportunity shall exist for a member institution. (Adopted: 1/11/94,Revised: 1/9/96 effective 8/1/97, 1/14/97 effective 8/1/97, 8/5/04, 3/8/06, 11/1/07 effective 8/1/08, 10/28/10)5.4.1.2.3 Publication and Notification. Interpretations issued by the Legislative Review/InterpretationsCommittee shall be binding on notification to affected institutions and on all member institutionsafter publication and notification to the membership. (Revised: 1/9/96 effective 8/1/97, 1/14/97 effective8/1/97, 8/5/04)5.4.1.2.4 Revision. Interpretations approved by the Legislative Council may not be revised by the LegislativeReview/Interpretations Committee. The Legislative Review/Interpretations Committee may onlyrecommend to the Legislative Council revisions of such interpretations. (Revised: 1/9/96 effective 8/1/97,1/14/97 effective 8/1/97, 8/5/04, 11/1/07 effective 8/1/08)5.4.1.3 Subcommittee for Legislative Relief of the Legislative Council. An institution may appeal adecision of the NCAA staff regarding the application of NCAA legislation to a particular situation to the subcommitteewhen no other entity has the authority to act. In reaching its decision, the subcommittee shall reviewthe complete record in order to determine whether there is sufficient basis to grant relief from the applicationof the legislation. The Legislative Council shall establish the process for such a review, shall monitor the actionstaken under this authorization, and shall report annually to the membership the actions taken, in summary, aggregateform. (Adopted: 1/16/93, Revised: 1/9/96 effective 8/1/97, 11/1/00, 11/1/07 effective 8/1/08)37