Governance
Authority
The NCAA is a 501(c)3 non-profit organization. Organizations with this designation are tax-exempt, as outlined by 26 U.S. Code § 501 [3]:
“An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503.” [3]
“The following [exempt] organizations are referred to in subsection (a): Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.” [3]
The highest authority in the NCAA is the Board of Governors (the board):
“Bringing together presidents and chancellors from each division, former student-athletes, along with select leaders from inside and outside the NCAA membership, the board is responsible for leading the NCAA and presiding over issues that affect the entire NCAA membership.” [4]
While it is the foremost authority of the association, the Board of Governors acts largely in an advisory capacity. The board and all association-wide committees established by the board are not permitted to enact association-wide legislation or compel divisions to adopt legislation:
“Changes in legislation, however, require each division to take action. The Association-wide committees propose changes to the divisions, which then debate and vote on the proposals through their legislative processes. These committees explore issues impacting the health and safety of student-athletes or opportunities for women and minority groups in college sports.” [5]
Instead, each division has a governing structure that best suits its members needs:
“Each division shall determine its own governing structure and membership.” [6]
The highest authority in the division is the Board of Directors (the Board):
“The Board of Directors shall serve as the overall governing body for Division I, with responsibility for strategy, policy, legislative oversight and management oversight.” [2]
The Division I Council (the Council) reports directly to the Board and is considered the division’s foremost operational authority:
“The Division I Council shall serve as the division’s primary legislative authority, subject to review by the Board of Directors.” [2]
The Football Championship Subdivision does not have a governing structure of its own. Instead, the subdivision falls under the legislative purview of the governing entities that comprise Division I.
Structure
The Board of Directors consists of 24 members including 19 presidents or chancellors, one director of athletics, one senior woman administrator, one faculty athletics representative and two student-athletes. The 19 presidents/chancellors are as follows:
- One institutional president or chancellor from each of the nine FBS conferences
- Five institutional presidents or chancellors from the eleven non-football-only FCS conferences
- Five institutional presidents or chancellors from the eleven non-football, non-sport-specific Division I conferences
The Board is granted sweeping authority over the division’s various committees and bodies, including the Division I Council. Powers and responsibilities of the Board include but are not limited to:
“Address future issues, challenges, opportunities and outcomes, focusing on strategic topics in intercollegiate athletics and its relationship to higher education;” [2]
“Review and set parameters that guide and determine present and future decisions, embracing general goals and acceptable procedures;” [2]
“Monitor legislation to ensure it does not conflict with basic policies and strategic goals;” [2]
“Ratify, amend or defeat academically related legislation adopted by the Council and, at its discretion, adopt academically related legislation otherwise addressed by the Council;” [2]
“Rescind or adopt other legislation addressed by the Council in order to prevent an extraordinary adverse impact on the Division I membership;” [2]
“Adopt legislation or grant relief from the application of legislation in circumstances in which significant values are at stake or the use of the regular legislative process is likely to cause significant harm or hardship to the Association or the Division I membership because of the delay in its effective date;” [2]
“Delegate to the Council responsibilities for specific matters it deems appropriate;” [2]
“Appoint members of the Committee on Infractions, Infractions Appeals Committee, Council and Committee on Academics;” [2]
“Determine whether legislation proposed as an area of autonomy is consistent with the scope and nature of the applicable area of autonomy as set for in Bylaw 9.2.2.1.2;” [2]
“Elect institutions to active Division I membership.” [2]
The Division I Council consists of 40 members including athletics administrators (e.g., athletics directors, senior woman administrators, conference administrators, compliance administrators and other senior level administrators), faculty athletics representatives and student-athletes. The 40 members are as follows:
- Thirty-one athletics administrators or faculty athletics representatives, 60 percent of which shall be directors of athletics, from each of the:
- FBS conferences (9)
- Non-football-only FCS conferences (11)
- Non-football, non-sport-specific Division I conferences (11)
- One conference commissioner from an autonomous FBS conference
- One conference commissioner from a non-autonomous FBS conference
- One conference commissioner from a non-football-only FCS conference
- One conference commissioner from a non-football, non-sport-specific Division I conference
- Two faculty athletics representatives
- Two members of the Student-Athlete Advisory Committee
The powers and duties of the Council are granted by the Board and include but are not limited to:
“Recommend nonacademic policies to the Board of Directors;” [2]
“Coordinate strategic planning activities;” [2]
“Take final action on matters delegated to it by the Board of Directors;” [2]
“Make interpretations of the bylaws;” [2]
“Review the recommendations of the substructure;” [2]
“Act as the final authority regarding championships matters in Division I or in a National Collegiate Championship that are subject to appeal to the Council;” [2]
“Oversee the appointment of the members of the substructure (e.g., subcommittees and committees);” [2]
“Oversee Division I membership requirements and processes;” [2]
The division has numerous committees that accept input from institutional leaders, debate proposed legislation, and present self-sponsored proposals to the body they report to. Some committees report directly to the Board while most instead report to the Council. Each committee is responsible for fulfilling the duties delegated to it by its reporting body including but not limited to hearings, appeals, and oversight. The composition of each committee varies by purpose. Two committees of note are the FBS and FCS Oversight Committees, which make legislative recommendations to the Council regarding the regular season and postseason.
The Division I governance structure is defined by two unique legislative processes. The standard process includes the Board, the Council, and committees. New or amendments to legislation can be introduced to the standard process in one of two ways. Member institutions, ADs, or conferences can propose a change to one of the division’s many rules, representations, or sport-specific committees. Proposed legislative changes, once sponsored by a committee, are presented to the Council. Alternatively, conferences can propose a change directly to the Council. Proposed legislation in the standard process requires a majority vote from the Council to be approved. Matters related to a specific subdivision are voted on solely by those representatives. A separate “Autonomy” process exists for select FBS conferences and their members. These conferences are permitted to propose, vote on, and enact legislation in specific “areas” without needing to move through committees or the Council. Every FCS conference is classified as “Non-Autonomous,” meaning self-proposed legislative changes to the division must work through the standard procedure for approval. Legislation passed by autonomous members, however, can (and often does) also impact non-autonomous members. When voting on non-scholarship limit football proposals through the standard procedure, autonomous conferences receive two votes each while the remaining conferences receive one vote each (voting on scholarship limit-related proposals is unweighted).
