Transcript LEGISLATIVE RELIEF WAIVERS AND ORGANIZED COMPETITION OVERVIEW  NCAA Division II Committee for Legislative Relief Waivers  Overview of process  Recent updates to Committee for.

LEGISLATIVE RELIEF
WAIVERS AND ORGANIZED
COMPETITION
OVERVIEW
 NCAA Division II Committee for Legislative Relief
Waivers
 Overview of process
 Recent updates to Committee for Legislative Relief
guidelines
 Resources
Organized Competition
 General rule
 Determination of graduation date
 Multitiered educational systems
 Military service
LEGISLATIVE RELIEF
WAIVERS
COMMITTEE FOR LEGISLATIVE RELIEF
AUTHORIT Y
 The Division II Committee for Legislative Relief has waiver
authority for any situation in which no other committee,
subcommittee or conference has the authority to act.
 Committee for Legislative Relief waivers are proactive
waivers. A violation cannot be waived through a Committee
for Legislative Relief waiver.
ROLE OF NCAA STAFF
 Help institution build strongest case.
 Ask/explain additional questions.
 Resources (e.g., assist with precedent search,
identifying/explaining applicable Committee for Legislative
Relief guidelines).
 Process case in timely manner.
COMMON LEGISLATIVE RELIEF WAIVERS
 Of ficial visits (NCAA Bylaw 13.6).
 Organized competition before initial collegiate enrollment
(Bylaw 14.2.4.2).
 4-4 transfers (Bylaw 14.5).
 Eligibility for financial aid (Bylaw 15.01 .5).
 Retroactive financial aid (Bylaw 15.5.2.1).
 48-hour/36-hour departure/return expenses (Bylaw 16.8.1 .2.1).
OTHER WAIVER T YPES
Case Type(s)
Division II Two-Year
College Transfer
and Progress
Toward Degree
Extension of
Eligibility and
Season of
Competition
Initial Eligibility
NCAA Staff Responsible for
Processing Case Type
AMA Student-Athlete
Academic Waiver Team
Division II Committee with
Authority
NCAA Division II Academic
Requirements Committee
AMA Student-Athlete
Reinstatement Team
NCAA Division II
Committee on StudentAthlete Reinstatement
NCAA Eligibility Center
Academic Review Team
Division II Academic
Requirements Committee
ONE-TIME TRANSFER EXCEPTION
 In order to qualify to use the one -time transfer exception, a
student-athlete must meet the following requirements:
a) SA has not previously transferred from a four -year institution;
• Exception: Discontinued/nonsponsored sport exception or loss of regional
accreditation
b) SA is in good academic standing, meeting progress toward degree
and would have been academically eligible at the previous
institution;
c) If transferring from a NCAA or NAIA institution, the previous
institution does not object to use of the one -time transfer exception;
d) If transferring with one season of competition or two
semesters/three quarters of fewer remaining:
 Average of 12-credit hours of transferrable degree credit for each full -time
term attended; and
 2.000 GPA in those credits.
Bylaw 14.5.5.3.9
ONE-TIME TRANSFER EXCEPTION WAIVER
AUTHORIT Y
Academic Requirements
Committee
 Bylaw 14.5.5.3.9-(b)
 Good academic standing.
 Progress-toward-degree
requirements (including
non-NCAA institutions).
 Not academically eligible
to return to previous.
 Bylaw 14.5.5.3.9-(d)
 Average of 12-credit hour
requirement.
Committee for Legislative
Relief
 Bylaw 14.5.5.3.9-(c)
 Previous institution objects
to use of the one-time
transfer exception.
 All 4-4-4 transfer
requests, regardless of
academic deficiencies.
COMMITTEE FOR
LEGISLATIVE RELIEF
WAIVER PROCESS
COMMITTEE FOR LEGISLATIVE RELIEF
WAIVER PROCESS
Institution gathers
necessary information
(e.g., statements,
documentation,
Buckley Statement).
Institution submits
request through
Requests/Self-Reports
Online (RSRO).
Staff member is
assigned the case
within two business
days of submission.
Staff member
completes initial review
within five business
days of assignment.
Staff requests
additional information
(if needed).
Staff provides decision
to institution.
If denied, institution
may file an appeal or
reconsideration request
within 30 days of the
original decision.
Committee for
Legislative Relief
reviews the appeal on
the weekly
teleconference.
Committee for
Legislative Relief
decision is final.
STAFF ANALYSIS
 Review applicable Committee for Legislative Relief guidelines
and case precedent.
 Consider the following:
 Student-athlete well-being.
 Not just the student-athlete in the case, but all Division II student athletes.
 Intent of the legislation the institution is requesting to be waived.
 Potential recruiting/competitive advantage.
RECONSIDERATION PROCESS
 After a decision is reached, a case can be reconsidered if new
information becomes available that was not available at the
time the waiver was submitted.
 Request must be made within 30 days of receiving original
decision.
 Provide a statement detailing why the new information was
not originally available.
 If staf f denies the request for the case to be reconsidered,
institution may appeal to chair of Committee for Legislative
Relief.
PHONE WAIVERS
 For unforeseen circumstances impacting student -athlete wellbeing, including:
 Deaths.
 Severe or life-threatening injuries or illnesses.
 Inclement weather.
 Call 317-917-6144 and leave a detailed description of the
emergency and need for relief. The first available staf f
member will return the call.
 Phone waivers still require a legislative relief waiver to be
submitted through RSRO.
INCIDENTAL EXPENSE WAIVERS
 Committee for Legislative Relief has published a list of
previously approved incidental expense waivers.
 Incidental expense waivers apply only to student -athletes, not
prospective student-athletes.
 Examples:
 Transportation expenses for an international student-athlete to return
home to renew his or her visa.
 Transportation expenses for student-athletes to attend the funeral of
a former teammate, a former coach, the team's head coach or the
institution's senior woman administrator's father.
 No need to file a legislative relief waiver if the situation
matches a previously approved situation; however, check with
your conference of fice on reporting policy.
COMMITTEE FOR
LEGISLATIVE RELIEF
GUIDELINES
COMMITTEE FOR LEGISLATIVE RELIEF
GUIDELINES
 Division II Committee for Legislative Relief guidelines are
available on ncaa.org.
 Guidelines, information standards and directives are provided
by Committee for Legislative Relief to the staf f to assist in
processing of cases.
 Generally, if a case does not meet guidelines, staf f cannot
approve. The committee has more flexibility to approve cases
outside of the guidelines.
RECENT UPDATES
 At the March 2015 meeting, Committee for Legislative Relief
made changes to four guidelines, ef fective for the 2015 -16
academic year:
 Organized competition minimal competition thresholds;
 Transfers with assertions of “run-off”;
 Transfers with assertions of financial hardship; and
 Transfers with assertions of academic/athletics reasons.
ORGANIZED COMPETITION MINIMAL
COMPETITION THRESHOLDS
 Relief is granted if a PSA participates in no more than two
contests/dates of competition or 10 percent or less of the
Bylaw 17 maximum in the sport, whichever is greater.
 Committee for Legislative Relief amended the 10 percent
calculations and rounded all sports up to the next number.
 Example: Football




Bylaw 17 maximum = 11.
10% = 1.1.
Previous guideline = 1 contest.
Current guideline, for all certifications on or after April 1, 2015 = 2
contests.
 Creates consistency with calculations for hardship waivers
and drug test penalties.
ASSERTIONS OF “RUN-OFF”
 Removed the nonrenewal of athletics aid as a circumstance
that warrants relief under the “run -of f” guideline.
 Previous institution must provide written confirmation that
the student-athlete would not have had the opportunity to
return to the team.
 Circumstances must have been outside the student -athlete’s
control.
Coach’s decision due to playing time or budget constraints.
× Violation of team or institutional policy or initiating the request to
transfer.
ASSERTIONS OF FINANCIAL HARDSHIP
 Added the reduction or nonrenewal of athletics aid as a
circumstance that can be considered as an event causing a
financial hardship.
 Reduction or nonrenewal of athletics aid must be outside of
the student-athlete’s control.
 Must demonstrate how the reduction or nonrenewal of
athletics aid has caused a financial hardship and that the
transfer has resolved the hardship.
 What is the parent’s expected financial contribution?
 Is certifying institution offering aid?
ASSERTIONS OF ACADEMIC/ATHLETICS
REASONS
 Removed the information standards from the current
guideline.
 The previous information standards outlined the necessary
documentation for a student-athlete who transfers due to a
discontinued academic program at the previous institution.
 Bylaw 14.5.5.3.3 (discontinued academic program exception) permits
institutions to apply the exception without the need for a waiver.
 Committee af firmed its restrictive guidance on waivers for
academic or athletics reasons.
BEST PRACTICES AND
RESOURCES
HELPFUL HINTS
 Review applicable Committee for Legislative Relief guidelines
prior to submission.
 Submit all information required by the applicable guideline.
 Identify similar case precedent.
 Buckley Statement signed by the student -athlete must be
generated through RSRO.
 Staff will not accept a Buckley Statement signed at the beginning of
the academic year.
 Institutional staff member can sign on behalf of a PSA, provided the
case does not include any academic information (e.g., transcripts).
 Provide accurate contact information.
RESOURCES
 Committee for Legislative Relief guidelines: Legislative Relief
Waiver page on ncaa.org
 ncaa.org >> Compliance >> Waivers >> Legislative Relief
 http://www.ncaa.org/compliance/waivers/legislative-reliefwaivers?division=d2
 Precedent: RSRO.
 All active Committee for Legislative Relief precedent is housed in RSRO.
Cases are archived after three years, so precedent in LSDB i is not used
by NCAA staff.
 Waiver tip sheet: Division II Compliance page on ncaa.org
 Overview of common scenarios and the correct case type.
 Phone waivers or general questions: 317 -917-6144.
ORGANIZED
COMPETITION BEFORE
INITIAL COLLEGIATE
ENROLLMENT
IN A PERFECT WORLD…
PSA graduates on time from high school.
PSA has one-year grace period.
PSA initially enrolls at a
collegiate institution.
PSA ceases participation
in organized competition.
BUT WE KNOW THE WORLD ISN’T
PERFECT!
Common issues with organized
competition:
1. PSA does not graduate in the expected
timeframe;
2. PSA participates in organized competition
after the one-year grace period; and/or
3. PSA’s home country has a mandatory
military requirement.
HIGH SCHOOL GRADUATION DATE
 The graduation date is determined by the Eligibility Center
staf f.
 Based on the PSA’s enrollment in ninth grade (or the
international equivalent).
 Graduation date for international SAs is based on the NCAA
Guide to International Academic Standards for Athletics
Eligibility.
 Accessible on ncaapublications.com.
Bylaw 14.2.4.2.1.1
HIGH SCHOOL GRADUATION DATE,
CONT’D
 What if the PSA graduates early?
 PSA becomes a member of that class and the date of
graduation for the PSA is the expected date of that class.
 What if the PSA graduates late?
 Depends.
 Was the PSA required to repeat an entire year of high
school?
 If so, PSA becomes a member of that class and the date
of graduation for the PSA is the expected date of that
class.
Bylaws 14.2.4.2.1.1.1 and 14.2.4.2.1.1.2
PARTICIPATION AFTER ONE-YEAR GRACE
PERIOD
 PSA is charged with the use of one season of
competition for each 12-month period after the oneyear grace period in which PSA participates in
organized competition.
 If PSA is charged with the use of a season of
competition, PSA must also serve an academic year
in residence before competing at a Division II
institution.
PARTICIPATION AFTER ONE-YEAR GRACE
PERIOD, CONT’D
Example #1
June 2011
June 2011 August
2012
Example #2
•PSA’s expected and actual
date of high school
graduation.
June 2011
•PSA’s one-year grace
period.
June 2011 •PSA’s one-year grace
August
period.
2012
•PSA’s expected and actual
date of high school
graduation.
2012-13
•PSA participated in 20
basketball contests.
2012-13
•PSA did not participate in
organized competition.
2013-14
•PSA participated in 14
basketball contests.
2013-14
•PSA participated in 34
basketball contests.
OUTCOME: CHARGED TWO SEASONS
AND MUST SERVE YEAR IN RESIDENCE.
OUTCOME: CHARGED ONE SEASON AND
MUST SERVE YEAR IN RESIDENCE.
MULTITIERED
EDUCATIONAL SYSTEMS
MULTITIERED EDUCATIONAL SYSTEMS
 Multitiered educational systems require a student to complete
one level before moving on to the next.
 Ministry of education in each country defines the prescribed
amount of time for completion of each level .
 Countries such as the United Kingdom, the University of
Cambridge international exam program, New Zealand, Quebec,
Canada, Scotland, the Caribbean exam countries and British
patterned Africa have multitiered educational systems.
Of ficial Interpretation [Reference: 6/30/11, Item No. 1]
HIGH SCHOOL GRADUATION DATE IN A
MULTITIERED EDUCATIONAL SYSTEM
(1) Prospective SA completes secondary school in the
timeframe prescribed by the country's ministry of education.
 Graduation date advances to the date PSA’s class
completes each tier.
 PSA must complete the tier within prescribed timeframe
determined by the country’s ministry of education.
Of ficial Interpretation [Reference: 6/30/11, Item No. 1]
CASE STUDY - FRANK
 Frank is a golf PSA from the United Kingdom.
 June 2012: Earns General Certificate of Secondary Education
(GCSE).
 2012-13, 2013-14 academic years: Enrolls in a General
Certificate of Education (GCE), A -Level program.
 June 2014: Passes two GCE A -Level examinations.
CASE STUDY - FRANK
 What is Frank’s graduation date?
 Frank’s graduation date is advanced from June 2012 to June 2014.
 What is Frank’s grace period?
 Grace period is June 2014-August 2015*.
 *Exact date determined by certifying institution’s first date of classes.
HIGH SCHOOL GRADUATION DATE IN A
MULTITIERED EDUCATIONAL SYSTEM
(2) Prospective SA delays completion of secondary school tier.
 PSA is expected to enroll in the next tier immediately .
 Graduation date is based on when the PSA’s class
completes the tier, not when the PSA completes the tier.
Of ficial Interpretation [Reference: 6/30/11, Item No. 1]
CASE STUDY- WES
 Wes is a track PSA from Jamaica.
 June 2011: Earns the Caribbean Examination Council (CXC)
Secondary Education Certificate (CSEC).
 2011-12: Works at the family business.
 2012-13 and 2013-14 academic years: Enrolls in a CXC
Advanced Proficiency Examination (CAPE) program.
 June 2014: Passes two CAPE examinations.
CASE STUDY - WES
 What is Wes’ graduation date?
 Wes’ graduation date is advanced to June 2013.
 Wes’ class would be expected to pass two CAPE examinations within two
years of earning the CSEC.
 What is Wes’ grace period?
 Grace period is June 2013-June 2014*.
 *Exact date determined by certifying institution’s first date of classes.
HIGH SCHOOL GRADUATION DATE IN A
MULTITIERED EDUCATIONAL SYSTEM
(3) Prospective SA attempts but does not successfully complete
secondary school tier.
 PSA’s graduation date will remain the date the PSA’s
class completed the previous tier.
Of ficial Interpretation [Reference: 6/30/11, Item No. 1]
CASE STUDY - ANNALISE
 Annalise is a softball PSA from Quebec, Canada.
 June 2012: Earns the Diplôme d'Études Secondaires (DES).
 2012-13 and 2013-14 academic years: Enrolls in a Diplôme
d'Études Collegiales (DEC) program at a College
d’Enseignement Général et Professional (CEGEP).
 Annalise did not complete the program.
 Fall 2014: Enrolls at a Division II institution.
CASE STUDY - ANNALISE
 What is Annalise’s graduation date?
 Annalise’s graduation date remains June 2012.
 What is Annalise’s grace period?
 Grace period is June 2012-August 2013*.
 *Exact date determined by certifying institution’s first date of classes.
MILITARY SERVICE
MILITARY SERVICE – UNITED STATES AND
CANADA
 Participation while on active duty in United States or
Canadian Armed Services is exempt from organized
competition legislation.
 Participation does not need to be organized by the military.
Bylaw 14.2.4.2.2.1 and
NCAA Division II Proposal Nos. NC -2015-7 and NC-2015-12
MANDATORY MILITARY SERVICE
 PSAs with mandatory military service are most commonly
seen from Israel, but a number of countries have a mandatory
military requirement.
 Requires a Committee for Legislative Relief waiver.
 PSA must enlist at first opportunity after high school;
 Cannot participate in outside competition after discharge; and
 Must enroll at a collegiate institution at first opportunity.
 If PSA was granted exceptional or elite athlete status in the military,
relief cannot be provided for the year in residence.
March 2014 Committee for Legislative Relief Guidelines for
Assertions of Mandatory Military Service
QUESTIONS?