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Division II Student-Athlete Reinstatement Process and Best Practices

Division II Student-Athlete Reinstatement Process and Best Practices. Submitting Division II Student-Athlete Reinstatement Cases and Waivers. Overview. Student-athlete reinstatement (SAR) philosophy. Types of violations subject to reinstatement process.

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Division II Student-Athlete Reinstatement Process and Best Practices

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  1. Division II Student-Athlete Reinstatement Process and Best Practices Submitting Division II Student-Athlete Reinstatement Cases and Waivers.

  2. Overview • Student-athlete reinstatement (SAR) philosophy. • Types of violations subject to reinstatement process. • General concepts and guidelines for reinstatement. • Best practices for preparing a reinstatement request.

  3. Overview • 10-semester extensions. • Medical documentation standards. • Hardship waiver appeals. • Season-of-competition waivers. • Policies/procedures and best practices for staff appeals.

  4. Academic and Membership Affairs (AMA) ONLINE • NCAA SAR Video. AMA – Education On Demand • AMA Online-Case Management System.

  5. Philosophy of Student-Athlete Reinstatement • Student-Athlete (SA) first philosophy. • Place SA back in the position he or she should have been prior to violation. • Determine SA culpability. • Repayment; • Withholding from competition; or • Combination.

  6. Best Practices When Requesting Reinstatement • Confirm violation affects SA’s eligibility. • If yes, immediately declare SA ineligible pending reinstatement. • Fill out SAR application. • Include mandatory Buckley form. • Acknowledge violation occurred, include NCAA bylaw cite.

  7. Best Practices When Requesting Reinstatement • Obtain written statements from involved parties. • Call SAR staff for assistance. • Indicate next date of competition/contest. URGENT?? • Institution contact information.

  8. SAR Policies and Procedures • Fulfilling a reinstatement condition: • Exhibitions and scrimmages do not count toward satisfying reinstatement conditions. • Only contests or dates of competition that count toward selection for NCAA championships. • Otherwise eligible. • Must fulfill during one of four seasons of competition.

  9. SAR Policies and Procedures • Chancellor or President Letter. • Institutional error or misinformation by institutional staff (not punitive). • Assertions involving another NCAA institution. • Share information with other institution and 10 business days to respond in writing.

  10. Reinstatement Guidelines • Developed by Student-Athlete Reinstatement • Committee. • Endorsed by the NCAA Division II • Management Council. • Available online. • Starting point for reinstatement conditions.

  11. Case Example #1 • Prior to spring semester, academic advisor enrolled women’s basketball SA in 14 credits, however, only 11 credits were applied due to institutional error. • SA participated in one contest during first week of spring semester. • SA was unaware of problem and had attended all classes she scheduled. • SA was added to missing class after violation discovered.

  12. Case Example #1 (contd.) • SA has competition this weekend. • What does institution need to do? • What reinstatement condition should SA serve? • What information does SAR staff need to make decision?

  13. General Guidelines for Processing Cases • Bylaw 14.1.8.1 -- Competition while enrolled in less than full-time program of studies: • One-for-one withholding condition. • Possible relief (need all three): • SA continued attending class; • SA did not realize he or she had dropped below 12 credits; AND • SA had made a reasonable effort to remain enrolled full time.

  14. A Tale of Two Certifications • Prior to practice and competition in any sport, all SAs must receive final certification from the NCAA Eligibility Center. • ACADEMIC CERTIFICATION • AMATEURISM CERTIFICATION

  15. Case Example #2 • Institution permitted first-year, women’s lacrosse SA to compete in 10 dates of competition and 38 practices during the season prior to receiving final academic certification from the Eligibility Center. • It was discovered that institution misread SA’s academic status when SA enrolled on campus (SA is a qualifier).

  16. General Guidelines for Processing Cases • Bylaws 14.3.1/14.3.5.1 -- Academic initial-eligibility violations: • Qualifiers: one-for-two withholding for practice and competition. • Nonqualifiers: one-for-one withholding for practice and competition; repayment of impermissible financial aid. • Partial qualifiers: one-for-two withholding for practice and one-for-one withholding for competition.

  17. Case Example #3 • Football SA received free use of a company SUV from his employer, a booster of school, for one week while SA’s car was being repaired. • The value of using SUV was $265. • SA, a junior, admitted to discussion with booster prior to using SUV. What would SAR guidelines require?

  18. General Guidelines for Processing Cases • Extra benefit violations or other cases involving receipt of benefits. Dollar guidelines for withholding: Enrolled (SA)Prospective Student-Athletes (PSA) $0 to $100 = repay $0 to $500 = repay Above $100 to $300 = 10% Above $500 to $700 = 10% Above $300 to $500 = 20% Above $700 to $1000=20% Above $500 = 30% Above $1000 = 30%

  19. Waivers Processed by SAR • 10-semester extension waivers. • Hardship waiver appeals. • Season-of-competition waivers. • Competition while eligible. • Competition while ineligible.

  20. 10-Semester Extension Waivers • General Rule (Bylaw 14.2.2) – 10 semesters of full-time enrollment to use four seasons of participation. • Extension waiver (Bylaw 30.6.1) – Due to reasons beyond control of SA and institution: • Denied more than one season; and • Did not have four participation opportunities.

  21. Case Example #4 • 2002-03: SA “redshirts”, is athletically and academically eligible to compete on squad list at Institution No. 1. • 2003-05: (Institution. No.1) SA is not enrolled in college. • 2005-06: SA enrolls at Institution No. 2 , a DII institution, and competes. • 2006-07: (Institution. No. 2) SA competes.

  22. Case Example #4 (contd.) • 2007-08: (Inst. No. 2) SA competes. • 2008-09: SA competes in one contest before season ending injury, receives hardship waiver • 2009-10: SA returns to Inst. No.1. Can SA compete at Institution No.1?

  23. Bylaw 30.6.1.3—Redshirt Exception • Used regarding initial year of full-time collegiate enrollment at ANY institution. • Academically and athletically eligible. • On institution’s squad list. • SA was denied another participation opportunity after initial year. • Extension only applies at institution where SA used 10th semester.

  24. Case Example #5 • Men’s soccer SA plays in three of 19 contests prior to suffering ankle injury. • Trainer originally diagnosed injury as a sprain and SA could not visit doctor at that time. • SA rehabs injury and plays in second to last contest of season.

  25. Case Example #5 (contd.) • SA leaves contest after two minutes with recurrence of same injury. • SA wants a hardship waiver for season…

  26. Hardship Waivers • NCAA Bylaw 14.2.5. • Initially handled by conference office, appealed to SAR staff. • Incapacitated for remainder of season. • Did not compete in more than two or 20 percent of contests/dates of competition (whichever is greater). • Bylaw 14.2.5.2.3/ NCAA Ed Column

  27. Medical Documentation Standards • Contemporaneous diagnosis of injury or illness. • Acknowledgment that injury or illness is incapacitating. • Length of incapacitation.

  28. Medical Documentation Standards To meet contemporaneous diagnosis of injury or illnessrequirement, institution MUST provide: • Documentation from time of onset of injury or illness from a medical doctor: • Emergency room documents. • Operation or surgical report.

  29. Medical Documentation Standards • To meet the requirement that the injury or illness is incapacitating: • Team physicians or medical professionals who diagnosed the injury or illness, must identify such as incapacitating.

  30. Medical Documentation Standards • To meet the requirement of length of incapacitation: • Demonstrate that injury prohibits competition for remainder of the season. • Continued doctor visit notes. • Training room records.

  31. Case Example #6 • Men’s wrestling SA participates in first two of 16 dates of competition before returning home for Thanksgiving break. • During break, SA’s father is laid off and SA is asked by his family to withdraw from school to work and help support his siblings. Can SA get this season of competition back?

  32. DII Season-of-Competition Waiver --Competition While Eligible • Bylaw 14.2.7. • SA was eligible and • SA did not compete in more than two events or 20 percent (whichever is greater) of the institution’s scheduled or completed contests.

  33. Extenuating Circumstances (14.2.7.1.2) (including, but not limited to . . .) • Life-threatening injury or illness suffered by immediate family member; • Extreme financial difficulties caused by a specific event (e.g., layoff); • Institution dropped the sport. • Coach’s documented misunderstanding of legislation.

  34. Coach’s Documented MisunderstandingDII Bylaw 14.2.7.1.2(d) • Institution must provide documentation regarding coach’s misunderstanding. • SAs who have competed in non-regular season competition only.

  35. Case Example #7 • Institution seeking season-of-competition waiver—ineligible • Coach permitted a transfer baseball SA to pitch one inning of an alumni game September 2009. • SA was serving a transfer year in residence. • Coach misunderstood playing season legislation specific to alumni contests. • The contest was an exempted competition and not counted toward the permissible contests for baseball. • SA believed eligible to compete. • Also must seek reinstatement.

  36. DII Season-of-Competition Waiver --Competition While Ineligible (14.2.6) • Incorrectly certified by institution’s appropriate certifying authority; or • Coach puts SA in contest before formal certification decision.

  37. DII Season-of-Competition Waiver --Competition While Ineligible (14.2.6) • Competition must occur: • Within 60 days of reporting for • participation; • Two contests or 10 % maximum. • If coaching error, SA had reason to believe he or she were eligible; and • SA innocently involved.

  38. Appeals to Division II SAR Committee • Apply for appeal within 30 days of decision letter. • Application available online. • Committee decision is final. • Committee cannot increase withholding condition.

  39. Appeals to SAR Committee • Staff makes all initial decisions (except hardship waivers). • Violations: • Conference call. • Waivers: • Paper review. • Facts not in dispute. • No new information introduced on appeal.

  40. Best Practices for Submitting an Appeal • Timeliness – recognize the time required to organize, schedule and host a teleconference. • Understand SAR decision. • Focus on distinguishing your case from case precedent and directives. • SA should make his or her own personal statement. • Offer alternative outcomes.

  41. DII SAR Resources • www.ncaa.org/reinstatement • DII Guidelines & Hardship Waiver/ Extension Document • Phone number: 317/917-6222 (ask for SAR). • Fax--ATTN: Director Jennifer Henderson.

  42. Questions?

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