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Division I Waivers Processed by Student-Athlete Reinstatement. Overview. General Process. Review types of waivers processed by NCAA student-athlete reinstatement (SAR). Documentation standards. Case examples. Questions. General Process. SAR staff is the initial review authority.
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Division I Waivers Processed by Student-Athlete Reinstatement
Overview • General Process. • Review types of waivers processed by NCAA student-athlete reinstatement (SAR). • Documentation standards. • Case examples. • Questions.
General Process • SAR staff is the initial review authority. • One exception: hardship waiver. • Conference office = initial review authority. • NCAA Division I Committee on Student-Athlete Reinstatement is the appropriate appellate body. • Committee is made up of five individuals from the Division I membership.
Waivers • Hardship waiver - appeal. • Hardship waiver - independent institution. • Extension of five-year period of eligibility. • Season-of-competition waiver – competition while eligible. • Season-of-competition waiver – competition while ineligible. • Athletics activities waiver.
Hardship Waiver Appeals Criteria: • Incapacitating injury or illness occurs in one of four seasons of competition; • Two-year or four-year collegiate institution; or • After the first day of classes in SA’s senior year in high school. • Injury or illness occurs prior to the first competition of the second half of the playing season that concludes with NCAA championship; and • Injury or illness occurs when SA has not participated in more than three contests or dates of competition or 30 percent. • See Bylaw 14.2.4-(c) and 14.2.4-(d) regarding team vs. individual sport distinction. Bylaw 14.2.4
Items to Consider • Only a conference may appeal a denied hardship decision to staff (Bylaw 14.2.4.2.1); • Include conference denial and reason(s) waiver was denied; • Appeals that exceed percentage are generally denied by staff; • Institution must demonstrate injury suffered was “incapacitating;” • SA must compete in order to receive hardship waiver; and • Identify unique circumstances. Bylaw 14.2.4
Circumstances Beyond the Control vs. Circumstances Within the Control of Institution or Student-Athlete Bylaw 30.6.1
Items to Consider • Participated in very few contests over career/multiple years = DENIED EXTENSION REQUEST; • Obligation is placed on institution to demonstrate a particular academic year is deemed a “DPO.” • Granted hardship waiver when competed = one DPO. • One granted hardship waiver does not equal granted extension request. Bylaw 30.6.1
Season-of-Competition Waivers What was the eligibility status of the SA when competition took place? • Ineligible filing a waiver under Bylaw 14.2.5. • Also must seek reinstatement. • Eligible filing a waiver under Bylaw 14.2.6.
Season-of-Competition Waiver – Competition While Ineligible Two Categories: Criteria: Bylaw 14.2.5
Season-of-Competition Waiver – Competition While Eligible Four Categories: Requirements for the above categories: Bylaw 14.2.6
Season-of-Competition Waiver – Competition While Eligible(continued) Four Categories: Requirements: Bylaw14.2.6
Athletics Activities Waiver Provides an extension to a SA's five-year clock for participation in specific elite training and competition. • Extension is limited to one time during SA’s career. • Period of extension may not exceed more than one year per SA, per sport. Bylaw 14.2.1.4
Athletics Activities Waiver (continued) Documentation and other information to be submitted with waiver: • The specific legislative participation criteria met. • Type of Activity • Timeframe [date(s) and name(s) of event(s)]. • Inability of SA to participate in intercollegiate athletics. • Documentation from appropriate National Governing Body. • Otherwise eligible. Bylaw 14.2.1.4
Injury or Illness Medical Documentation Standards • Contemporaneous or other appropriate medical documentation, from a physician (medical doctor) who administered care at the time of injury or illness, that establishes SA’s inability to compete as a result of injury or illness shall be submitted. Bylaws 30.6.1.1 and 14.2.4.3.3
Injury or Illness Medical Documentation Standards (continued) Three key components: • Contemporaneous diagnosis of injury or illness. • Acknowledgment that injury or illness is incapacitating. • Length of incapacitation. Bylaws 30.6.1.1 and 14.2.4.3.3
Injury or Illness Medical Documentation Standards (continued) Legislative Requirement: What to submit: Bylaws 30.6.1.1 and 14.2.4.3.3
Extreme Financial Difficulties Documentation Standards • Specific event; • Negative financial impact; and • SA is unable to participate (i.e., timing). Examples of documentation: • Tax documents, including federal income tax returns; • Tax or property liens; • Bankruptcy fillings; and • Documentation from an employer regarding a layoff/downsizing. Bylaws 30.6.1.1
Hardship Waiver Appeal Case Study • Denied by conference office. • Women’s basketball SA competed in second half of season. • January 4 SA was diagnosed with bulimia. • Eating disorder “treatment team” included physician. • SA was medically barred from participating in practice activities. • Until raised weight/body image issues resolved. • SA competed February 15 and 21 (both in second half). • Medically cleared April 8. NCAA Bylaw 14.2.4
Hardship Waiver Appeal Case Study • Denied by conference office. • Baseball SA competed in second half of season. • March 16 SA suffered high ankle sprain. • Physician’s visit and received X-ray and MRI. • SA subsequently competed April 3 and 17. • Latter contest in second half of season. • April 19 SA underwent X-rays, April 27 SA underwent MRI. • Initial treating physician provided statement of misdiagnoses. • SA should not have been allowed to compete after March 16. NCAA Bylaw 14.2.4
Extension RequestCase Study • 2005-06: Institution No. 1; SA competed in football. Institution No. 1 did not sponsor baseball. • 2006-07: Institution No. 2; SA competed in baseball. • 2007-08: Institution No. 2; SA competed in baseball. • 2008-09: Institution No. 2; SA competed in 28 of 53 contests (53 percent) prior to suffering a leg injury. • 2009-10: Institution No. 2; SA competed in eight contests prior to an arm injury and was granted a hardship waiver by the conference office. NCAA Bylaw 30.6.1
Extension RequestCase Study • 2005-06: Institution No. 1; football SA did not compete. • High ankle sprain after seventh contest in 13-contest season. • Documentation also reflected SA had sustained various other injuries institution No. 2 was unable to provide documentation to indicate SA was incapacitated prior to ankle injury. • 2006-07: Institution No.1; SA competed. • 2007-08: Institution No. 1; SA competed and was granted a hardship waiver by conference office. • 2008-09: Institution No 2; SA competed. • 2009-10: Institution No 2; SA competed. NCAA Bylaw 30.6.1
Season-of-Competition Waiver – Competition While Ineligible Case Study • 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. • Coach’s statement provided. • The contest was an exempted competition and not counted toward the permissible contests for baseball. • SA believed eligible to compete. • Also must seek reinstatement. NCAA Bylaw 14.2.5
Season-of-Competition Waiver – Competition While Eligible Case Study • Women's basketball SA competed in a scrimmage and an exhibition contest in the first half of the season. • Coach stated he would not have played SA if he had known it would constitute a season of competition. • Documented misunderstanding. • Bylaw 14.2.6.2.1 penalty applies. NCAA Bylaw 14.2.6
Season-of-Competition Waiver – Competition While Eligible Case Study • Men’s basketball SA competed in first nine contests of 2008-09 season. • Institution had a total of 26 contests. • SA could have competed in eight. • All in first half. • SA held-up at gunpoint while walking from campus to off- campus apartment. • SA stated felt unsafe after incident and chose not to return for 2009 spring term. NCAA Bylaw 14.2.6
Season-of-Competition Waiver – Competition While Eligible Case Study • Men’s swimming SA competed in one date of competition 2008-09 academic year. • Institution’s Board of Trustees (BOT) officially dropped program July 2008 due to budgetary constraints. • October 2008 BOT reinstated program for 2009-10 academic year. • Team continued to train during 2008-09 academic year. • Head coach entered SA in one exhibition meet spring 2009. • Boost morale. • Only event in which SA competed during 2008-09 academic year. • No official team schedule existed for 2008-09 academic year. NCAA Bylaw 14.2.6