Dropped third strike?

[marvin]

IN NFHS:

Rule 6-3, ART. 7 . . . The pitcher shall not throw to a base while a foot is in contact with the pitcher’s plate after having taken the pitching position.

In NCAA:

10.17 Throwing to a Base From the Pitcher’s Plate
The pitcher shall not throw to a base during a live ball while her foot is in contact with the pitcher’s plate after she has taken the pitching position. If the throw from the pitcher’s plate occurs during a live-ball appeal play, the appeal is canceled. Note: The pitcher may remove herself from the pitching position by stepping backward off the pitcher’s plate before separating her hands.
EFFECT—Illegal pitch. (See Rule 10.8.)

If the pitcher took her position to pitch to the next batter (not realizing that the previous batter is not out yet) on the pitcher's plate why wouldn't she have to disengage before throwing to first? Seems like a pretty reasonable softball question to me. Somebody's smell-o-meter seems to be off. It would seem that the determining factor in the above rule sets is whether the pitcher in a position to deliver a pitch.

Rita - what rule set applied to the game in question?