Department of Athletics: Policy on Creation and Modification of Policies and Procedures

Unit Policy

Title

Department of Athletics: Policy on Creation and Modification of Policies and Procedures

A. Definitions

For purposes of this Department of Athletics Policy on Creation and Modification of Policies and Procedures, the definitions below shall apply.

1. "Department" or "Department of Athletics" shall mean the Department of Athletics of UNC.
2. "Employee" shall mean any individual employed by the Department of Athletics.
3. "Executive Team" shall mean the executive leadership of the Department of Athletics, as determined by the Director of Athletics.
4. "Policy" or "Procedure" shall mean written principles, rules, standards, and processes formally established and adopted by the Department of Athletics to assist in ensuring soundness of operations and fulfillment of organizational objectives. Collectively, multiple "Policies" may be referred to herein as "Policies and Procedures." This definition shall not include "Team Rules" as defined below in this Section.
5. "Team Rules" shall mean standards of behavior and conduct established by a Head Coach for student-athletes on such Head Coach's UNC varsity intercollegiate athletic team(s). "Team Rule" shall be the singular form of such term.
6. "UNC" or "University" shall mean the University of North Carolina at Chapel Hill.

B. Creation of Policies and Procedures

1. No Contradictions

No new Policy or Procedure should be written in such a way that contradicts any:

1. Applicable federal or state legislation;
2. NCAA or ACC rule;
3. Regulation, policy, or rule pertaining to all institutions in the University of North Carolina system; or
4. Regulation, policy, or rule applicable to the entire University as a whole.

In the event of any perceived contradiction between any provision(s) of any Department of Athletics Policy or Procedure and applicable legislation, the terms of such legislation shall govern.

2. Development

a. Policies and Procedures Involving Any Matters Other than NCAA Rules

1. Any new Policy or Procedure which does not exclusively pertain to NCAA rules compliance must be developed by or in conjunction with the Department of Athletics Executive Team member with oversight of Risk Management.
2. Any such new Policy or Procedure should then be reviewed by appropriate personnel within the Department of Athletics, as well as by a representative from UNC's Office of University Counsel. The Department of Athletics Compliance Office should also review any new Policy or Procedure which involves NCAA rules compliance.

b. Policies and Procedures which Only Address NCAA Rules Compliance

1. The Department of Athletics Compliance Office shall be permitted to create new Policies and Procedures intended to facilitate compliance with NCAA rules without the involvement of the Department of Athletics Executive Team member with oversight of Risk Management, provided that any such Policy or Procedure developed without the involvement of the Department of Athletics Executive Team member with oversight of Risk Management only addresses NCAA Compliance matters, not legal issues or other types of risks.

3. Final Approval by the Director of Athletics

After review by appropriate Department of Athletics and Office of University Counsel personnel, the Director of Athletics must provide final approval before any new Policy or Procedure is implemented and takes effect.

4. Implementation

If the Director of Athletics approves a proposed new Policy or Procedure as required above in this Section, such Policy or Procedure shall be implemented and communicated to appropriate individuals by:

1. The Department of Athletics Executive Team member with oversight of Risk Management;
2. The Department of Athletics Compliance Office; or
3. If requested to do so by the Director of Athletics or Department of Athletics Executive Team member with oversight of Risk Management, the Department of Athletics Executive Team member with oversight of the unit(s) of the Department primarily impacted by such Policy or Procedure.

C. Modification of Policies and Procedures

1. No change, modification, or edit to a written Policy or Procedure may be made or construed as binding without first being reviewed by the Department of Athletics Executive Team member with oversight of Risk Management and, if such modification, change, or edit involves NCAA rules compliance, the Department of Athletics Compliance Office. Any such change, modification, or edit must then subsequently be approved by the Director of Athletics.
   1. Notwithstanding the foregoing, modifications to any Policy or Procedure only involving NCAA rules compliance shall not require review by the Department of Athletics Executive Team member with oversight of Risk Management.
2. Any approved and implemented changes to any Policy or Procedure shall be communicated to appropriate individuals by:
   1. The Department of Athletics Executive Team member with oversight of Risk Management;
   2. The Department of Athletics Compliance Office; or
   3. If requested to do so by the Director of Athletics or Department of Athletics Executive Team member with oversight of Risk Management, the Department of Athletics Executive Team member with oversight of the unit(s) of the Department primarily impacted by such Policy or Procedure.

D. Team Rules

Each Head Coach shall have the authority to create Team Rules for the student-athletes on their respective varsity intercollegiate athletic team(s), provided that such Team Rules:

1. Do not have a negative impact on the well-being of student-athletes;
2. Are consistent with the mission and core values of the University and Department of Athletics;
3. Are approved in advance by the Department of Athletics Compliance Office;
4. Are approved in advance by the applicable Sport Administrator and Director of Athletics; and
5. Do not conflict with any:
   1. Applicable federal or state legislation;
   2. NCAA or ACC rule;
   3. Regulation, policy, or rule pertaining to all institutions in the University of North Carolina system;
   4. Regulation, policy, or rule applicable to the entire University as a whole; or
   5. Department of Athletics Policy or Procedure.

E. Conflicts

If any Policy, Procedure, and/or Team Rule is perceived to conflict with any applicable legislation, rule, regulation, or other policy as specified above in this Department of Athletics Policy on Creation and Modification of Policies and Procedures, the Department of Athletics Executive Team member with oversight of Risk Management should be notified immediately so that an appropriate review may be conducted.

Publication Details

Policy Number: 00091274

Date Last Reviewed: Spring 2020

Date of Next Review: July 2023

Responsible for Review: Executive Team Member with Oversight of Risk Management