Transcript SESSION OVERVIEW • Review and apply select financial aid legislation.     Counter status. Period of the award. Academic awards. Reduction or cancellation of award. • Examine case.

SESSION OVERVIEW
• Review and apply select financial aid legislation.

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
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Counter status.
Period of the award.
Academic awards.
Reduction or cancellation of award.
• Examine case studies that practically apply the legislation.
• Discuss institutional policies and procedures and share
best practices.
• NCAA Division II Legislation Committee Bylaw 15 review
update.
• NCAA Compliance Assistant update.
COUNTER
NCAA Bylaw 15.02.3 defines a “counter” as a studentathlete that:

Is receiving financial aid based in any degree on
athletics ability.

NC-2016-14: Eliminated the certification
requirements related to institutional financial aid
awarded without regard to athletic ability.
PERIOD OF AWARD

Begins when a student-athlete receives any benefits
as part of the grant-in-aid on the first day of classes for
a particular academic term, or the first day of practice
whichever is earlier.

Ends at the conclusion of the period set forth in the
financial aid agreement.

Decrease not permitted from time prospective studentathlete or student-athlete signs financial aid
agreement until the conclusion of the period set forth
in the agreement.
Bylaws 15.02.6 and 15.3.4.3.3
PERIOD OF AWARD
(CONTINUED)

Financial aid based on athletics ability shall not be
awarded in excess of one academic year.

An institution may award financial aid for an academic
year or part thereof.
• Example: 2014-15 academic year or 2014 fall term.
Bylaws 15.3.3, 15.3.3.1 and 15.3.3.2
ACADEMIC AWARDS
Criteria:

Recipient qualifies for academic award that is part of
institution’s normal arrangements for academic
scholarships pursuant to minimum institutional criteria;
and
• Upper 20% of high school graduating class;
• High school cumulative GPA of 3.500; or
• Minimum 100 ACT or 1140 SAT.
Bylaw 15.02.4.3-(a)-(1)-(i)
OR
ACADEMIC AWARDS
(CONTINUED)
Criteria:

Recipient qualifies for academic award that is part of
institution’s normal arrangements for academic
scholarships pursuant to minimum institutional
criteria; and
•
•
Has completed at least one academic year in college;
and
Cumulative GPA of 3.300 for all academic work
completed during collegiate enrollment that results in
degree credits at the awarding institution.
EXEMPTING ACADEMIC AWARDS
The Facts:
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Student-athlete is an incoming soccer student-athlete.
Ranked 22nd in graduating high school class.
SAT of 1120.
Cumulative GPA is 3.70.
Student-Athlete received the following aid package:
• Athletics award = $10,000.
• Academic award = $15,000.
EXEMPTING ACADEMIC AWARDS
Would the academic award have to be counted in the
student-athlete and institutions limits?
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Ranked 22nd in graduating high school class.
• Determine if this is upper 20% of graduating class.
SAT of 1120.
• Needs to be a minimum of 1140.
Cumulative GPA is 3.70.
• Cumulative GPA of 3.5 based on 4.0.
Student-athlete does not meet all of the criteria, can the
aid be exempted?
• YES.
EXEMPTING ACADEMIC AWARDS
The Facts:



Student-athlete is now a continuing student-athlete.
Student-athlete’s GPA after Year 1 is 3.0.
Student-athlete received the following aid package:
• Athletics award = $12,000.
• Academic award = $15,000.

Exempted under Bylaw 15.02.4.3-(a)-(1)-(i) as an
incoming student-athlete.
EXEMPTING ACADEMIC AWARDS
Can the academic award still be exempted following
initial year of enrollment?

YES.
• If aid is exempted under Bylaw 15.02.4.3-(a)-(1)(i) it can continue to be for the remainder of the
student-athlete’s eligibility.
 Renewed in accordance with institutional
policy.
EXEMPTING ACADEMIC AWARDS
The Facts:
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Student-athlete is a transfer basketball studentathlete.
Enrolled full time at Institution No. 1.
• 2012-13 & 2013-14 academic years.
Cumulative GPA 3.40.
Student-athlete received the following aid package:
• Athletics award = $8,500.
• Academic award = $17,500.
EXEMPTING ACADEMIC AWARDS


How do you determine if the academic award is
exempt?
• High school rank, GPA or ACT/SAT.
 Ranked 32nd in graduating high school class.
 ACT of 100 with a cumulative GPA of 3.53.
Can the aid be exempted under this criteria for a
transfer student-athlete?
• YES.
EXEMPTING ACADEMIC AWARDS



What if the transfer student-athlete did not meet the
criteria based on the high school record?
• Completion of one academic year in college; and
• Cumulative GPA of 3.30 for all academic work
completed during the student’s collegiate enrollment
resulting in degree credits at the awarding institution.
Can the aid be exempted under this criteria for transfer
student-athlete?
• YES. Student-athlete had completed an academic year
and had 3.40 GPA.
Do you have to certify this every year?
• Yes.
EXEMPTING ACADEMIC AWARDS
Two options.

High school record:
• Ranked in upper 20% of graduating class;
• Cumulative GPA of at least 3.500 (based on maximum
4.000); or
• Minimum ACT score of 100 or minimum SAT score of 1140.

College record:
• At least one academic year in college; and
• Achieved a cumulative GPA of 3.300 for all academic work
at the awarding institution.
EXEMPTING ACADEMIC AWARDS
• What is the review process on your campus?
• Who is involved?
• Are your policies and procedures documented and
evaluated?
REDUCTION OR CANCELLATION
Financial aid based on athletics ability may be reduced or
cancelled during the period of the award, if the studentathlete:

Renders himself or herself ineligible for competition;

Fraudulently misrepresents himself or herself;

Engages in serious misconduct; or
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Voluntarily withdraws from a sport.
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Student-athlete’s aid may not be awarded to another studentathlete during the same term.

Student-athlete’s aid may be awarded to another studentathlete in next term.
Bylaw 15.3.4.1
NONATHLETIC CONDITIONS
Financial aid agreement may include nonathletically
related conditions by which aid may be reduced or
cancelled during the period of the award.

Example: Compliance with team rules, compliance with
academic polices, GPA requirement, study hall
requirement.
Bylaw 15.3.4.1.1
FRAUDULENT MISREPRESENTATION
Student-athlete is awarded aid on basis of declaring intent to
participate in a sport by:
 Signing an NLI; or
 Application or agreement.
Action on part of student-athlete to not participate:
 Not reporting for practice; or
 Making token appearances.
Institution is permitted to cancel or reduce aid.
Bylaw 15.3.4.1.2
INCREASE, REDUCTION, CANCELLATION NOT PERMITTED
• Institutional financial aid based on athletics may not be
increased, decreased or cancelled during the period of
award:

On the basis of an student-athlete’s athletics ability,
performance or contribution to the team;

Because of an injury, illness or physical or mental medical
condition; or

For any other athletics reason.
Bylaw 15.3.4.3
HEARING OPPORTUNITY
• Institution’s regular financial aid authority shall notify in
writing.
• Within 14 consecutive calendar days from the date of
notification of the reduction or cancellation.
• Must include a copy of the established policies and
procedures for conducting the hearing.
• Hearing must be conducted within 30 days of receiving the
request.
Bylaw 15.3.2.4
REDUCTION OR CANCELLATION OF AID
The Facts:
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Football prospective student-athlete signs financial
aid agreement February 4.
Prospective student-athlete is notified in spring 2015
of his FAFSA award.
A full grant-in-aid at the institution is $30,000.
Prospective student-athlete received the following aid
package:
• Athletics award = $28,000.
• Pell grant = $2,500.
REDUCTION OR CANCELLATION OF AID
Is it permissible for the institution to reduce the
prospective student-athlete’s athletics aid?
 It depends…
•
Has the period of the award started?

•
Yes.
Were there any conditions included in the financial aid
agreement related to Pell Grants?


If no, aid can not be reduced.
If yes, aid can be reduced.
•
Is the institution required to provide the prospective
student-athlete with a hearing opportunity?
 Yes.
REDUCTION OR CANCELLATION OF AID
The Facts:
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Cross country student-athlete was awarded $5,000
athletics scholarship for the 2014-15 academic year.
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•
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Fall 2014 $2,500.
Spring 2015 $2,500.
Student-athlete reported for preseason but has not
attended practice or competed for three weeks.
Coach has repeatedly tried to contact student-athlete
unsuccessfully.
Team captain addressed behavior and student-athlete still
has not attended practice or competed.
REDUCTION OR CANCELLATION OF AID
What options are available to the coach?
Is it permissible for the institution to reduce the
prospective student-athlete’s athletics aid?
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Has the student-athlete fraudulently misrepresented the
information on the aid agreement?
 Yes.
 Could the coach say that the student-athlete voluntarily
withdrew?
 If no, aid can not be reduced.
 If yes, aid can be reduced.


Is the institution required to provide the prospective
student-athlete with a hearing opportunity if the aid is
reduced?
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Yes.
REDUCTION OR CANCELLATION OF AID
Can the aid be re-awarded to another studentathlete?

If an institution has not reached the institutional
financial aid limitations:
•
May award the financial aid of a student-athlete who
voluntarily withdraws from the team to another
student-athlete during same term.
•
Even if the award will cause the institution to reach the
institutional financial aid limit as imposed by the
institution itself.
Official Interpretation [Reference: 5/14/96, Item No.4]
BEST PRACTICES
Hearing Opportunity

Institution’s regular financial aid authority shall notify in writing.

Within 14 consecutive calendar days from the date of
notification of the reduction or cancellation.

Must include a copy of the established policies and procedures
for conducting the hearing.

Hearing must be conducted within 30 days of receiving the
request.
Bylaw 15.3.2.4
BEST PRACTICES
Nonathletically Related Conditions

Financial aid agreement may include nonathletically
related conditions by which aid may be reduced or
canceled during the period of the award.
•
Example: Compliance with team rules, compliance with
academic polices, GPA requirement, study hall requirement.
Bylaw 15.3.4.1.1
BYLAW 15 REVIEW
 The NCAA Division II Legislation Committee is currently conducting a
review of Bylaw 15.
 The committee requested the use of NCAA Compliance Assistant data to
help guide future conversations.
 Deadline to opt out of data collection was February 2.
 The committee received an overview of the data at the March 2015
meeting.
 Specific institution and student-athlete data will not be reviewed.
 Proposals anticipated for the 2017 or 2018 NCAA Convention.
NONCONTROVERSIAL LEGISLATION
1. Reorganization:
 Will not change the application of the legislation.
 Intent is to reformat legislation so it is easier to
understand and apply.
2. Maximum Financial Aid to Individual:
 Clarifies that student-athletes may receive
financial aid above a full grant-in-aid, up to cost of
attendance, provided the financial aid is
unrelated to athletics ability.
NONCONTROVERSIAL LEGISLATION
CONTINUED
3. Elimination of Noncounter Certification Form:


Would eliminate NCAA requirement for the faculty
athletics representative and director of financial aid to
sign the noncounter certification form.
Institutions would still be responsible for determining
the counter status of all student-athletes.
4. Aid Renewed, Successful Appeal:

Would revise legislation to specify that a studentathlete would only be a counter if he or she continues
to receive athletics aid after a successful appeal.
BYLAW 15 REVIEW POSSIBLE CONCEPTS
• Legislation Committee developed nine concepts for feedback
from NCAA Division II Presidents Council and NCAA Division II
Management Council.
• The Councils recommended gathering feedback on all nine
concepts.
CONCEPT NO. 1: COUNT ONLY ATHLETICS AID TOWARD
INDIVIDUAL AND CURRENT TEAM EQUIVALENCY LIMITS
• Would significantly reduce administrative burden.
• Institutions would only be responsible for tracking the aid awarded by the
athletics department and ensuring that student-athletes do not receive a
financial aid package that exceeds a full grant-in-aid or the cost of
attendance where applicable.
CONCEPT NO. 2: COUNT ONLY ATHLETICS AID TOWARD
INDIVIDUAL AND TEAM EQUIVALENCY LIMITS, AND
REDUCE THE TEAM EQUIVALENCY LIMIT IN ALL SPORTS
• Reducing the maximum equivalency limits in all sports would level the playing
field in a model in which only athletics aid counts toward the individual and
team equivalency limits.
• The reduction of equivalency limits could alleviate potential concerns about
certain institutions having a recruiting and/or competitive advantage.
• The financial aid data indicates that only four Division II institutions currently
fund 90 percent or more of the maximum equivalencies across all sponsored
sports.
CONCEPT NO. 3: ELIMINATE TERM-BY-TERM FINANCIAL
AID AWARDS
• Eliminating term-by-term awards addresses student-athlete well-being
concerns.
• Exceptions could be included to provide flexibility in those instances in which
an award of less than one academic year is warranted (e.g., midyear enrollee,
final semester/quarter, one-time exception).
• The financial aid data indicates that at least three quarters of financial aid
awards are provided for a one-year term.
CONCEPT NO. 4: PERMIT MULTIYEAR FINANCIAL AID
AGREEMENTS
• Currently, a financial aid award cannot exceed one academic year.
• Allowing multiyear financial aid agreements would provide institutions with
the flexibility to offer a student-athlete with financial aid for more than one
academic year.
• A legislative change would be permissive in nature and would not require
institutions to offer multiyear financial aid agreements.
• Since Division I institutions are permitted to offer multiyear financial aid
agreements, Division II institutions could potentially be at a recruiting
disadvantage by only offering a single-year aid agreement.
CONCEPT NO. 5: PERMIT INCREASES IN ATHLETICALLY
RELATED FINANCIAL AID AT ANY TIME, FOR ANY
REASON
• Currently, once the period of the award begins, an increase must be for a
reason other than athletics.
• Allowing athletics aid to be increased at any time, for any reason will provide
institutions the discretion to distribute athletics aid as deemed appropriate
on an individual campus.
CONCEPT NO. 6: EXEMPT ALL ACADEMIC AID AND
ELIMINATE NATIONAL CRITERIA FOR EXEMPTION
• During the 2014 NCAA Convention, NCAA Proposal No. 2014-22 was referred
on the Convention floor to committee for further review and discussion.
• The proposal would have eliminated the national criteria for exempting
academic awards and allowed institutions to exempt academic aid provided
the student-athlete met the institutional criteria for the award.
• Such a change would reduce the administrative burden of having to monitor
both national and institutional criteria.
CONCEPT NO. 7: EXEMPT ALL NEED-BASED AID
• Allowing institutions to exempt all need-based aid received by a studentathlete would ensure that student-athletes receive all aid to which they are
entitled without concern that it would negatively impact individual and team
equivalency limits.
• Need-based aid could be defined by institutional policy or national criteria
could be established.
CONCEPT NO. 8: EXEMPT ANY AID RECEIVED BY ALL
STUDENTS AT THE INSTITUTION (E.G., TUITION
DISCOUNTS)
• As institutions continue to develop ways to recruit and retain students, tuition
discount programs are becoming increasingly popular.
• Exempting aid that is offered to all students at an institution would ensure
that student-athletes are treated similarly to their non-student-athlete peers.
CONCEPT NO. 9: ELIMINATE THE RESTRICTION ON THE
TOTAL AWARDS IN MEN'S SPORTS
• Bylaw 15.5.2.1.1.1 (overall limit) specifies that an institution shall not award
more than 60 total number of awards in men's sports, excluding football and
men's basketball.
• Eliminating this restriction would provide additional opportunities for male
student-athletes to receive athletics aid.
• Institutions are ultimately responsible for managing Title IX and gender-equity
requirements.