MINUTES OF MEETING
ASSEMBLY COMMITTEE ON EDUCATION
Sixty-seventh Session
April 14, 1993
The Assembly Committee on Education was called to order by Chairman Wendell P. Williams at 2:20 p.m., Wednesday, April 14, 1993, in Room 103/104 at Cashman Field Center, Las Vegas, Nevada. Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mr. Wendell P. Williams, Chairman
Mr. Ken L. Haller, Vice Chairman
Mrs. Vonne Chowning
Mr. Tom Collins, Jr.
Mrs. Marcia de Braga
Mr. William D. Gregory
Mr. James W. McGaughey
Mr. Roy Neighbors
Mr. Michael A. Schneider
Mrs. Gene W. Segerblom
Ms. Sandra Tiffany
COMMITTEE MEMBERS ABSENT:
None.
GUEST LEGISLATORS PRESENT:
None.
STAFF MEMBERS PRESENT:
Donald Williams, Research Analyst
OTHERS PRESENT:
See Attendance Rooster, (Exhibit B)
ASSEMBLY BILL 402 - Requires university student who participates as member of varsity athletic team to make satisfactory progress toward obtaining degree.
Chairman Williams explained AB 402 had been introduced to parallel the reform in athletics and education which was currently transpiring across the nation with an emphasis on education as the top priority.
Dr. Joseph Crowley, President of University of Nevada, Reno and President of NCAA, addressed the subject of recently developed standards relating to academic progress resulting from the reformed agenda of the NCAA. Dr. Crowley indicated recent legislation enacted by the NCAA had commenced in August of 1992, requiring a third year student-athlete to complete at least 25 percent of the course requirements in his specific degree program; the fourth year requirement was 50 percent; and those entering the fifth year would be required to have completed at least 75 percent.
Dr. Crowley pointed out another portion of the NCAA legislation pertained to student-athletes entering their third year who must possess a cumulative grade point of at least 90 percent of the overall minimum required for graduation. The two Nevada universities required a 2.0 average for graduation.
Dr. Crowley clarified 75 percent of credit work must be completed during the regular academic year and no more than 25 percent could be accomplished during summer school.
According to Dr. Crowley, the NCAA required institutions to submit data annually concerning student-athletes, both freshmen and transfer students, regarding their rates of graduation. The period encompassed was six years and was available as nationally published data. The data was in increments and consisted of a variety of measures including a "freshmen co-hort exhausted eligibility rate." Dr. Crowley indicated the reporting form required institutions disclose the "refined rate" which took into consideration transfer students. The reports were broken down by ethnic group and individual sports. Dr. Crowley acknowledged the institutions were required to disclose their graduation rates to recruited student-athletes or any individuals who requested such information. In his opinion, Dr. Crowley felt there was now an incentive for institutions to ensure their student-athletes stayed on track to graduate.
Dr. Crowley referred to a recently enacted certification program which was passed in January 1993 (Exhibit C). The fundamental components of certification were accreditation for intercollegiate athletics. Dr. Crowley stated certification consisted of two major components: an institutional self-study in which the entire institution participated; and a peer review evaluating the self-study and the progress of the institution with respect to the basic operating principles of certification. Dr. Crowley remarked the four principles included a governance and commitment to rules compliance, financial integrity, academic integrity, and commitment to equity covering gender and minority issues, as well as student-athlete welfare.
Dr. Crowley mentioned the academic integrity portion of the legislation focused on the integration of student-athletes into the overall student body. According to Dr. Crowley, institutions should admit and recruit only student-athletes who had a reasonable expectation of obtaining an academic degree. Dr. Crowley maintained UNR had been involved in a pilot project preceding the development of the new legislation and the university would be included in the first round to undergo the certification examination.
Dr. Crowley pointed out the NCAA would provide the institution with $25,000 a year which would go toward the academic advisement program for athletes at UNR. Dr. Crowley concluded UNR sponsored programs financially assisted student-athletes after they had exhausted their eligibility to return to the university for a fifth or sixth year in order to complete their degrees.
Keith Lee, Director, National Consortium for Academics and Sports, University of Nevada, Reno, explained the program had been initiated in 1984 at Northeastern University, located in Boston. The crux of the program was to identify problems in sports and offer solutions by providing programs and services benefiting sports and assisting the student-athlete in taking control of his destiny.
Mr. Lee emphasized the program had been extremely successful in returning athletes to school in order to obtain their degrees. In exchange for the institutions assistance, the athletes provided a service on behalf of the institution by serving as role models for parents and students of all ages.
Mr. Lee mentioned all of the 103 member institutions had been requested to identify their own local programs. Mr. Lee's responsibility was to provide assistance and development in establishing programs on each individual campus including the degree completion program and the community outreach program. There were additional services provided to train the institutions' student-athletes to speak to the youth in their community.
Mr. Lee explained UNR had established and identified its program as the "Center for Youth Athletes and Community." During the first semester, 12 athletes had joined the program and three students had recently graduated.
Mr. Lee pointed out over the past three years, 3,000 student-athletes who had not become professional players had returned and enrolled in one of the member institutions to complete their degrees. Over 1,200 professional athletes currently playing professional sports had come back during their off-season to complete their degrees. Mr. Lee clarified 1,852 athletes had graduated from the National Consortium for Academics in Sports. Mr. Lee acknowledged over 4,300 of the athletes had visited with approximately 1.5 million youngsters throughout the country as role models.
Mr. Lee described a story involving a former roommate who was an outstanding athlete. The individual had attended college for four years yet was unable to read. In his opinion, Mr. Lee felt his roommate had been a victim of a system which desperately needed reform and AB 402, if passed, would be an additional incentive to NCAA legislation currently being implemented.
Chairman Williams justified the intent of AB 402 was not to micro-manage. According to subsection 2, the board of regents would have the responsibility of determining the formula to implement the bill. Chairman Williams maintained the bill was intended to reach the students before they got to the point of having to return to school because their professional careers had never occurred. Chairman Williams asked how the students could be removed from becoming "eligibility majors" as opposed to becoming majors in a particular course of study directed toward graduation. Mr. Lee responded 25 to 30 percent of high school senior football and basketball players in the United States graduated from high school functionally illiterate. However, most of those athletes were still recruited to a major institution. Mr. Lee emphasized parents should demand standards in all schools for students including Little League, Pop Warner, etc.
Mr. Lee remarked between 1952 and 1992, only five NCAA champions were "not" put on probation at some point which transmitted the message relating to sportsmanship for all youngsters. Mr. Lee stressed if the institutions implemented a system for tracking and monitored the recruiting issue, in his opinion, many of the problems could be resolved.
Ms. Tiffany asked what rules or regulations from the NCAA, the regents or the universities addressed special considerations being requested from coaches, tutors or teachers. Dr. Crowley replied the NCAA had implemented an agenda for reform focused on academic matters and since the program had recently been implemented, the proof of success had yet to be determined. Dr. Crowley emphasized the program was highly supported by schools and parents.
Ms. Tiffany maintained the bill would mandate regulations at the regent level to ensure there would be no coercion with teachers, tutors, or coaches. Dr. Crowley justified it was up to the institutions to determine if the proper priorities had been put into place. Ms. Tiffany questioned if the NCAA rules superseded local rules. Dr. Crowley responded members of the NCAA were required to abide by the rules of the association; however, the bill would supplement the association's rules. Dr. Crowley pointed out the preference of the board would be for the bill to be a resolution rather than legislation, but they had no issue with the content of the bill.
Chairman Williams pointed out correspondence had been received from several universities including Drake University, which had initiated a plan publicizing the athletes, what courses they were taking and their professors names, which helped eliminate the clustering of athletes in one or two particular professors' classes. According to Chairman Williams, if AB 402 was passed, the regents would have the responsibility of exploring various ideas such as the program at Drake University which would disclose to the public accountability from the universities.
Mrs. Segerblom asked Dr. Crowley for statistics regarding athletes graduating from UNR and UNLV over the past five years. Dr. Crowley replied statistics had only covered the past three years and the information had been submitted.
Mrs. Chowning referred to (Exhibit C) and asked if the recommendations would become effective January 1, 1994. Dr. Crowley responded that was when the visitation would begin; the legislation had been passed in January 1993 and a standing committee of the association was currently coordinating a training program for peer reviewers, along with the items which would become part of the self-study. Mrs. Chowning emphasized the importance of the athletes being students first, rather than "athletes/students." Mrs. Chowning suggested the regents submit a report to each session of the legislature to determine if the establishment of approved policies had been accomplished.
Dr. Christopher Exline, University of Nevada, Reno, explained data was collected regarding the "clustering" issue along with clarifying the various sets of rules and regulations relating to student-athletes. Chairman Williams pointed out if the regents were to adopt rules and regulations parallel to the NCAA, there would be a possibility an individual school in Nevada might not be a member of the NCAA; therefore, AB 402 would be beneficial.
Dr. Crowley clarified a portion of the graduation rate disclosure form required institutions to indicate what student-athletes were majoring in.
Mr. Schneider questioned what happened to the student-athletes graduation rate if they turned professional. Dr. Crowley replied it would adversely affect the freshmen co-horts graduation rate if the professionals did not return to complete their degrees.
Mr. Schneider was concerned the student-athletes were being exploited and "turned loose" on the streets. Mr. Lee agreed it was a system of exploitation and it should be the responsibility of the institutions to reiterate to the students they were being recruited as a "student"-athlete, not just as an athlete.
Ken Mahal, retired architect, spoke in support of AB 402. Mr. Mahal mentioned the University of Notre Dame had been one of his clients for over 25 years. There were only two players who had failed academically and four players who had quit over the particular period of time as part of the Notre Dame football program. In his opinion, Mr. Mahal justified excellence in education could also allow for excellence in athletics.
Mr. Mahal remarked the news media "fed" on the universities athletic programs which in certain instances, "mixed-up" the priorities of the students, coaches, etc. Mr. Mahal pointed out many students were working their way through the school system without being able to read or write; however, pressure from the parents and principals for the students to pass their classes was heavy.
Mr. Mahal emphasized the importance of the board of regents acknowledging education was the primary purpose of the universities. Mr. Mahal concluded prospective student-athletes should be required to pass admissions standards before they became athletes.
Len Zane, Director of Honors Program, University of Nevada, Las Vegas, stated he had been involved in a subcommittee which dealt with academic standards for student-athletes. Mr. Zane pointed out according to the NCAA rules, students had to be in good standing and had to be making satisfactory academic progress in order to be eligible; however, good standing was allowed to be defined by the university which previously was a minimum grade point average (GPA) of 1.8. Beginning in the fall of 1993, UNLV would require all student-athletes to have a minimum of a 2.0 GPA.
Mr. Zane commented according to the NCAA rules, student-athletes' grades were only examined once a year in the fall. The new program would implement mid-year checkpoints for every student-athlete. Mr. Zane indicated the new rules had been passed by the Intercollegiate Athletic Council and approved by President Maxson.
Mr. Zane clarified he was in support of the bill because the universities should be encouraged to determine a way to emphasize the rules were firm. According to Mr. Zane, beginning in the fall of 1993, all coaches would be encouraged to allow student-athletes to spend more time studying and the students would be encouraged to spend more time working on their academics. Mr. Zane commented if a student-athlete during his mid-year fell below a 2.0 average and lost his eligibility, he would still retain his scholarship for the following semester.
Mrs. de Braga was concerned an evaluation by grade or an evaluation by graduation might not address the entire problem. Mrs. de Braga maintained there were teachers who would pass a student without any effort on his part so the student could continue to play sports. Mr. Zane emphasized junior high and high schools needed to encourage student-athletes to take their education seriously. Mr. Zane concluded the Intercollegiate Athletic Council was currently deciding whether to form a subcommittee of faculty who would review the records of all student-athletes every semester to determine if they were making substantial progress toward a degree.
John Swetnam, Chairman Elect of the Faculty Senate at the University of Nevada, Las Vegas, spoke in support of the bill. Mr. Swetnam justified AB 402 set a high standard which set an obtainable goal. In his opinion, Mr. Swetnam emphasized all student-athletes should have the right to privacy without their grades or courses being published.
Mr. Swetnam maintained student-athletes should not be segregated and rules and regulations should apply to all students. Referring to AB 402, Mr. Swetnam pointed out progress toward a degree was too weak a standard since to graduate from UNLV a student was required to obtain 124 credits. Four of the credits could be earned in physical education classes; the remainder had to be in non-physical activity classes. Forty-two credits were required in the core-curriculum which every student had to earn in order to obtain a balance in the fields. Thirty-six to approximately forty credits had to be earned for each major. Mr. Swetnam acknowledged under the NCAA guidelines, a student could take any forty-six credits he wanted to apply toward his graduation. Mr. Swetnam indicated a standard needed to be established relating to "reasonable" progress referring to the credits required for the core-curriculum on an annual basis.
Mr. Swetnam maintained the student-athletes should be integrated into the classes which all students were taking in order to judge themselves against the entire student body. According to Mr. Swetnam, new rules would be drafted for the Standards Committee, not specifically for student-athletes, but for all financial aid recipients.
Mr. Swetnam suggested conducting workshops with the faculty in order to articulate what was permissible for a tutor to request. In his opinion, Mr. Swetnam justified no rules or regulations would stop someone from cheating; however, such behavior could be reported. Mr. Swetnam concluded a policy would be worked out attempting to keep the students' programs integrated throughout.
Mr. Schneider questioned if a student could graduate from UNLV with a 1.8 GPA. Mr. Swetnam replied, "No." Mr. Swetnam explained if a student received 15 balance points below a "C" average, he would be suspended for one year. Mr. Schneider asked if a student could remain in school for five semesters with grades below a "C" average. Mr. Swetnam responded "Yes"; however, the student would remain on probation. Mr. Schneider was concerned student-athletes might be penalized "too toughly" if they dropped below a "C" average for one semester since they could no longer participate in sports and, in addition, they could lose their scholarship if the grade had not improved. The normal student in the system could attend school potentially for five semesters before he would be suspended and the student-athlete was held to a higher standard. Mr. Swetnam explained a student would not continue to receive financial aid if such an instance occurred; he could keep his scholarship for the first semester, but would lose the ability to play sports. In his opinion, Mr. Swetnam felt the rules should pertain to all students, including the student-athletes.
Bob Skaggs, teacher at University of Nevada, Las Vegas, stated the coaches needed to be convinced four-year students were beneficial to the teams because their maturity level was higher by the fourth year. Mr. Skaggs was concerned with the junior college transfer since the transfer had been used in the past to avoid entrance requirements and, in his opinion, it could be used in the future to avoid progress requirements.
Mr. Skaggs suggested adding language to the bill which would place some restrictions on what the universities would accept in the way of a junior college transcript. Mr. Skaggs emphasized the transcripts should exhibit the student had made progress toward the core before entering the universities.
James Deacon, Professor at the University of Nevada, Las Vegas, clarified he had been teaching for the past 32 years and during that period had taught many student-athletes. Mr. Deacon stressed it was the responsibility of all teachers to report honestly on the class performance of each student-athlete. Mr. Deacon concluded AB 402 was a good bill which would give additional support for teachers who were trying to provide a decent education for all students at UNLV.
Dr. Lois Tarkanian, Clark County School Board of Trustees, referred to Appendix A which had been distributed to the committee, stating it was out of order and a new packet would be assembled (Exhibit D).
Dr. Tarkanian pointed out much of the testimony previously given did not match private actions regarding integrity and high academics. In her opinion, Dr. Tarkanian felt AB 402 was a good bill although she emphasized the administration should be held accountable since the regents and the NCAA currently had a normal progress rule in their regulations.
Dr. Tarkanian praised the UNLV National Consortium and remarked the UNLV Athletic Department had been selected in 1990 as the number one school in the country for its contributions in the community. In her opinion, Dr. Tarkanian felt UNLV had developed articulate, intelligent individuals who declined to play the game of phoniness.
Referring to (Exhibit D), Dr. Tarkanian stated, "It is the goal and desire of both the university and employee that student-athletes in the men's basketball program will achieve at the highest possible academic level with the expectation that the graduation rate for men's basketball student-athletes will be at or above the graduation rate for the general under-graduates student population at the university."
Dr. Tarkanian pointed out an article in U.S.A. Today from (Exhibit D) showing the graduation rate for five years of the university's general student body along with men's and women's basketball, etc. The rate was 18 percent for UNLV in the general student population and 33 percent for men's basketball. Dr. Tarkanian emphasized UNLV was one of the first schools in the United States which had accomplished what the gentlemen from the National Consortium had previously discussed. Jimmy Newman from the Hilton had contributed over $450,000 which was used to return student-athletes to the university in order to finish their degrees.
Dr. Tarkanian read a portion of a letter from the National Consortium dated February 11, 1991, addressed to Jim Weaver: "As you may already be aware, UNLV is one of the more active members of the National Consortium for academics and sports. In addition to participating in the Degree Completion Program, the Outreach Program, and National Student-Athletic Day, UNLV has also participated in many other projects. Our contacts have been excellent."
Dr. Tarkanian mentioned she disagreed with the Consortium in one way and agreed with William Bennett who stated, "He has less problem with open admission standards than with open graduation." Dr. Tarkanian pointed out Dr. Harry Edwards, an academic critic, had been invited to UNLV in 1983 and submitted suggestions for improvement for the university. According to Dr. Tarkanian, all of Dr. Edwards' proposals had been completed except the suggestion of faculty members and athletic individuals meeting together to determine how to monitor the graduation progress of student-athletes. Dr. Tarkanian concluded UNLV was on the right track and AB 402 would be beneficial for all students.
Mrs. Chowning suggested adding a provision to the bill which would request a report from the regents for each legislative session. Dr. Tarkanian responded she would prefer an independent analyst since "too much gets thrown under in the board of regents." However, if an analyst was not feasible, Dr. Tarkanian was in agreement with a report to the legislature.
Chairman Williams emphasized AB 402 did not address any specific university nor did it make reference to any past incidents. Any university or college in the state which had been following such rules and regulations should not have a problem with the bill.
Tom McGowan, Clark County citizen, presented testimony referring to the issues addressed by previous speakers. In his opinion, Mr. McGowan felt student-athletes could only reflect the level of development consistent with his primary and secondary education along with the socio-economic quality of his family and neighborhood community environment.
Mr. McGowan maintained the monitoring of student compliance with procedure was an internal institutional matter; however, the responsibility extended beyond the university to the school system, the family, and the community combined. Mr. McGowan emphasized the student-athlete was not on trial, but rather the quality and integrity of the educational system.
According to Mr. McGowan, limited incremental legislative address would neither conclusively resolve the issue nor provide significant gains. Mr. McGowan stated he was in support of the bill since it was the only proposed legislation dealing with the issue; however, he suggested more legislation be drafted to address the problems.
Mr. McGowan read verbatim from prepared testimony regarding equal access and the quality of education (Exhibit E). Mr. McGowan was concerned the closed-door meeting which had occurred between Chairman Williams and the UNLV administration failed to address and resolve the issues which impacted not only the university, but the Clark County School District and government of the state of Nevada.
Mr. McGowan formally requested an independent federal investigation of UNLV, the UNLV Foundation, all thereto pertinent officials and private sector affiliates, and the entire government of the state of Nevada. Chairman Williams pointed out Mr. McGowan's testimony was not related to the bill and requested him to either address the bill or conclude his testimony.
Anna Dawson, Clark County citizen, stated she had attended the meeting to hear Mr. McGaughey's bill. Mrs. Dawson questioned why the bills were not being heard and when they would be scheduled. Chairman Williams explained how bills were agendaed and the time constraints which would have occurred if the committee were to have heard six bills.
Chairman Williams closed the hearing on AB 402.
ASSEMBLY BILL 191 - Requires board of regents of University of Nevada System to report to director of legislative counsel bureau concerning certain activities of police department for University of Nevada System.
Mr. Collins referred to the proposed amendment to the bill (Exhibit F). Mr. Collins indicated the parties involved were in agreement with the amendments.
ASSEMBLYMAN COLLINS MOVED TO AMEND AND DO PASS AB 191.
ASSEMBLYMAN TIFFANY SECONDED THE MOTION.
Mrs. de Braga asked for more to time to review the amendment. Mr. McGaughey agreed and Chairman Williams asked for the motion to be rescinded. Mrs. Chowning pointed out as a member of the subcommittee, both UNR and UNLV had contributed and agreed upon the amendments.
ASSEMBLYMAN COLLINS RESCINDED HIS MOTION TO AMEND AND DO PASS AB 191.
ASSEMBLYMAN TIFFANY RESCINDED HER SECOND.
Chairman Williams requested committee action on AB 402.
ASSEMBLYMAN HALLER MOVED TO DO PASS AB 402.
ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
Chairman Williams pointed out the vote would have to be ratified in Carson City.
Nancy Price, Clark County citizen, presented testimony relating to the underlying problem of athletics and academics. Mrs. Price emphasized, "Hundreds of billions" were being spent by the media and gambling interests. In her opinion, when an enormous amount of money was involved, there was bound to be corruption. Mrs. Price asked the education committee to draft legislation and a resolution to prohibit betting on college sports in Nevada, and to urge the five states exempted by recent federal legislation to do the same.
Mrs. Price referred to legislation which was passed at the national level October 7, 1992, titled, "The Professional and the Amateur Sports Protection Act." The act prohibited nationwide betting on all sports with six exemptions of which Nevada was one.
Mrs. Price read a quote from Senator Bill Bradley on the passage of his legislation, "We all recognize the fiscal constraints under which states operate in these tough economic times, but we must not forget the consequences of sports betting. Based on what I know about the dangers of sports betting, I am not prepared to risk the values that sports instill in youth, just to add a few more dollars to the state coffers. Mr. President, state sanctioned sports betting conveys the message that sports are more about money than personal achievement and sportsmanship. In these days of scandal and disillusionment, it is important that our youngsters not receive this message. Sports betting threatens the integrity of and public confidence in professional and amateur team sports, converting sports from wholesome athletic entertainment into a vehicle for gambling. Sports gambling raises people's suspicion about point shaving and game fixing. Where sports gambling occurs, fans cannot help but wonder if a missed free-throw, dropped fly ball or a missed extra point was part of the player's scheme to fix the game. All of this puts undo pressure on players, coaches, and officials. Sports would become the gamblers game and not the fans game."
ASSEMBLYMAN MCGAUGHEY MOVED THE COMMITTEE INTRODUCE A BILL TO PROHIBIT BETTING ON ALL COLLEGE SPORTS IN THE STATE OF NEVADA.
ASSEMBLYMAN HALLER SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
Joe Rychic, Clark County citizen, agreed with Mrs. Price and encouraged the state to abolish betting on college sports.
There being no further business, the meeting was adjourned at 4:32 p.m.
RESPECTFULLY SUBMITTED,
Marilyn Cole, Committee Secretary
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Assembly Committee on Education
Date: April 14, 1993
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