BT0015 – Policy on Oversight of Intercollegiate Athletics

BOARD OF TRUSTEES

POLICY ON OVERSIGHT OF INTERCOLLEGIATE ATHLETICS

Purpose

This policy details the oversight role of the Board of Trustees relating to intercollegiate athletics and specific responsibilities of the Chancellors and the intercollegiate athletics departments relating to the Board’s oversight role.

General Statement of Oversight Principles

The Board delegates direct responsibility for administration and control of the intercollegiate athletics programs to the Chancellor of each campus with an intercollegiate athletics program. The Board exercises oversight and monitoring of the intercollegiate athletics programs and, through the President, holds the Chancellors accountable for the appropriate execution of their responsibility for administration and control of those programs. In addition to the requirements established by this policy, the Chancellor of each campus with an intercollegiate athletics program must keep the President informed of all matters necessary for the exercise of this oversight responsibility. Trustees must avoid involvement in the day-to-day operations of the intercollegiate athletics programs, including without limitation personnel matters and matters involving particular student-athletes.

Mission Statements

Each institution must submit to the Board for approval a mission statement for its intercollegiate athletics department that reflects the University’s mission and academic values and any subsequent revisions to the mission statement.

Annual Report to the Finance and Administration Committee

Annually at the Winter Meeting of the Board,[1] the Chancellor of each campus with an intercollegiate athletics program must provide a written report to the Finance and Administration Committee, through the Chief Financial Officer, to ensure that the Board receives information sufficient to understand and monitor the finances of the intercollegiate athletics program.

The written annual report must contain the following minimum information:

  1. Information on the current annual operating budget and most recent annual operating budget performance for intercollegiate athletics, including without limitation:
    1. Amounts and sources of generated revenue (e.g., ticket sales, donor contributions, NCAA/conference distributions, corporate sponsorships, licensing, etc.) and institutional funding (institutional or government support, student fees);
    2. Amounts and uses of funds by expenditure type (e.g., salaries & benefits, scholarships, facilities, debt service, team travel, etc.); and
    3. A description of how deficits, if anticipated or otherwise, will be handled by the institution.
  2. Athletics department’s most recent fiscal year-end unrestricted fund balances;
  3. The amount of the athletics fee, or any similarly termed student fee designated for athletics, at the institution, if applicable, for the most recent five fiscal years;
  4. The capital master plan for athletics facilities and any associated financing activities;
  5. Total debt outstanding and annual debt service requirements on athletics facilities;
  6. Projected amount of annual compensation, excluding performance bonuses, for the next five years of all coaches with whom the University has employment agreements, and the length of the term of the employment agreements; and
  7. Future material financial considerations and trends.

The Chief Financial Officer should present the Finance and Administration Committee with an oral summary of the reports for each campus, highlighting information the Committee needs to know to ensure the Board carries out its oversight role of the finances of the intercollegiate athletics program.

Annual Report to the Education, Research, and Service Committee

Annually at the Fall Meeting of the Board, the Chancellor of each campus with an intercollegiate athletics program must provide a written report to the Education, Research, and Service Committee, through the Vice President for Academic Affairs and Student Success, to ensure that the Board receives information sufficient to understand and monitor issues relating to student-athlete academic progress and academic integrity in the intercollegiate athletics programs.[2]

The written annual report must contain the following minimum information:

  1. Description of the role of intercollegiate athletics at the campus;
  2. Information on the role of the institution’s faculty athletics representative in the oversight of the intercollegiate athletics program (e.g., ensuring the academic integrity of the intercollegiate athletics program; serving as an advocate for student-athlete well-being; helping maintain institutional control of the intercollegiate athletics program);
  3. Description of how the Chancellor measures the success of the intercollegiate athletics program;
  4. The most recent published NCAA Academic Progress Rate (APR) scores for every team, five-year APR trend data for every team, and a report on corrective actions the institution intends to take with respect to unsatisfactory APR scores;
  5. The most recent published NCAA Graduation Success Rate (GSR) scores for every team and five-year GSR trend data for every team;
  6. Benchmarks used by the athletics department to assess APR data, graduation rate data, and other academic or admissions data;
  7. The admissions policy for student-athletes including the definitions utilized for exceptions to campus-based criteria; if the admissions policy does not limit the number of special admissions of student-athletes, then the institution must also provide the number and rates of special admission of student-athletes compared with those of the regular student body;
  8. Summary information on the declared majors of student-athletes and a summary comparison on the declared majors of the student body; and
  9. Description of the policies and standards relating to academic integrity for student-athletes, including an assurance that those policies and standards are generally consistent with those for the student-body.

The Vice President for Academic Affairs and Student Success should present the Education, Research, and Service Committee with an oral summary of the reports for each campus, highlighting the most critical information the Committee needs to know to ensure the Board carries out its oversight role of student-athlete academic progress and academic integrity in the intercollegiate athletics programs.

Annual Report to the Audit and Compliance Committee

Annually, the Chancellor of each campus with an intercollegiate athletics program must provide a written report to the Audit and Compliance Committee, through the General Counsel, to ensure that the Board receives information sufficient to understand and monitor the institution’s compliance with the rules and regulations of the National Collegiate Athletic Association (NCAA) and determine the adequacy of the institution’s athletics compliance function.

The written annual report must contain the following minimum information:

  1. An explanation of the institution’s reporting structure for the intercollegiate athletics compliance office and whether and to whom the intercollegiate athletics compliance office reports outside of the athletics department;
  2. Description of the process for reporting and investigating alleged violations of NCAA rules;
  3. The number of full-time employees in the athletics compliance office and a comparison of that number with the institution’s athletics peers; and
  4. A description of all NCAA rules infractions since the last annual report.

The General Counsel should present the Audit and Compliance Committee with an oral summary of the reports for each campus and highlight the most critical information the Committee needs to know to ensure the Board carries out its oversight role of ensuring that the institutions are controlling their intercollegiate athletics programs in compliance with NCAA rules and regulations and adequately staffing their athletics compliance functions.

Other Reporting Requirements

  1. Copies of all annual reports to committees of the Board must be provided to the full Board.
  2. Each intercollegiate athletics department must immediately notify the Chancellor, who in turn must immediately notify the President for communication to the Chair of the Board, of all NCAA Level I and Level II infractions and NCAA investigations that may result in findings of NCAA Level I or Level II infractions.
  3. NCAA member institutions are required to submit detailed financial data including operating revenues, operating expenses, and capital expenditures related to its intercollegiate athletics program to the NCAA on an annual basis. Prior to submission to the NCAA, the financial data is subject to annual agreed-upon verification procedures approved by the NCAA membership performed by a qualified independent accountant (e.g., the Department of State Audit in the Tennessee Comptroller of the Treasury). The report of the qualified independent accountant must be submitted annually to the Audit and Compliance Committee.
  4. At least once every five years, the General Counsel is required to provide a confidential, attorney-client privileged report to the Audit and Compliance Committee concerning each institution’s compliance with the provisions of Title IX of the Education Amendments of 1972 specific to intercollegiate athletics.

History:

Adopted

11/08/2019

Revised

  1. This requirement is effective beginning with the Winter Meeting of the Board in 2020.
  2. This requirement is effective beginning with the Fall Meeting of the Board in 2020.

Policy Details:

BT0015 – Policy on Oversight of Intercollegiate Athletics
Version: 1 // Effective: November 8, 2019
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