Blanket Waivers

The NCAA Divisions I, II and III Management Council Administrative Review Subcommittees (ARS) may issue a blanket waiver in order to temporarily provide relief from NCAA legislation for specific extenuating circumstances that have a reasonably demonstrated widespread impact.  Please note that the following summary of waivers is for a specific division, a specific time period and for a specific set of circumstances. If the waiver circumstances and the time period of the waiver apply, submission of a separate waiver application is not necessary.  If an institution, conference or committee's circumstances do not meet the requirements of or are dissimilar to the blanket waiver, an ARS waiver application will need to be filed with the NCAA staff.  

Division I

NCAA Division I Bylaws 17.5.5.3 (annual exemptions), 20.9.6.1 (men's basketball four-game limit) and 20.9.6.3 (women's basketball four-game limit).  October 30, 2007.  NCAA legislation related to membership requirements specifies that a member institution's men's or women's basketball team may schedule and play not more than four games in an academic year against institutions that are not members of NCAA Division I (Bylaws 20.9.6.1 and 20.9.6.3).  Bylaw 17.5.5.3 permits an institution's men's or women's basketball team to exempt from its maximum number of contests one (and in some circumstances two) exhibition contest(s) and practice scrimmage(s) against non-Division I opponents [e.g., NCAA Division II, NAIA, foreign team in the United States (women's basketball only)].  Per a January 31, 1985 official interpretation (Item Reference 1), these exhibition contests and practice scrimmages against non-Division I opponents must be included in the four-game limit.

The NCAA Division I Management Council Administrative Review Subcommittee granted a blanket waiver to permit Division I men's and women's basketball teams, during the 2007-08 academic year only, to not include contests scheduled in accordance with Bylaw 17.5.5.3-(g through j) (e.g., exhibition contests and practice scrimmages) against the limitation on the number of contests against non-NCAA Division I opponents (per Bylaws 20.9.6.1 and 20.9.6.3).  It was discovered that several Division I institutions were not aware of the correct application of the rule.  This time period will allow the staff to provide education to the membership regarding the correct application of the legislation.  This blanket waiver does not provide relief for any previous seasons in which a Division I men's or women's basketball program exceeded the limit on the number of non-Division I opponents (i.e., four-game limit).

NCAA Division I Bylaws 13.6.3-(c) and 13.6.3-(d) (requirements for official visit), 13.1.3.1 (time period for telephone calls -- general rule), 13.1.3.4.1.1-(b) and 13.1.3.4.1.1-(c) (permissible callers-academic advisors and compliance coordinators) and 13.1.3.1.6 (application of telephone call limitations).  October 9, 2007.  The NCAA Initial-Eligibility Clearinghouse will be transitioning all duties to the NCAA Eligibility Center from October 21 through November 1.  During the transition period, access to some of the eligibility center resources will not be available (e.g., online registration, updating IRLS, etc).  Please visit the NCAA Web site at www.ncaa.org for more information regarding the transition plan.  

In response to the pending transition, the NCAA Division I Management Council Administrative Review Subcommittee approved a blanket waiver to permit institutions, from October 25-28, 2007, only, to provide an official visit to a prospective student-athlete who has not yet registered with the eligibility center and/or has not been added to the institution's IRL.  Prospective student-athletes who participate in an official visit during this time period must still comply with Bylaw 13.6.3-(a) and 13.6.3-(b).  In addition, the subcommittee approved a blanket waiver to permit institutional compliance coordinators and/or academic staff, from October 21-28, 2007, only, to initiate and/or return telephone calls to prospective student-athletes who have inquiries specifically related to the transition period, even if this call exceeds the maximum permissible number of calls for the week.  The subcommittee noted a blanket waiver was appropriate to provide institutions the utmost flexibility with regard to scheduling official visits and communicating with prospective student-athletes during the transition period.  

NCAA Division I Bylaw 13.4.1.1-(f) (printed recruiting materials -- institutional note cards). August 7, 2007. The NCAA Division I Management Council Administrative Review Subcommittee (ARS) granted a blanket waiver to permit Division I institutions, during the 2007-08 academic year, to preprint language on note card correspondence that is required by higher education associations or state law (e.g., EEQ, AA, Title IX, Section 504, ADA information). The subcommittee noted this required language is outside the intent of the newly established legislation related to preprinted information on institutional note cards. The subcommittee noted this time period is sufficient to allow for discussions to occur related to possible solutions beyond the 2007-08 academic year.

NCAA Division I Bylaws 12.1.1.1.3.1 (temporary certification -- recruited student-athlete) and 12.1.1.1.3.2 (temporary certification -- nonrecruited student-athlete).  July 30, 2007.  The NCAA Division I Management Council Administrative Review Subcommittee approved a blanket waiver to permit, for the 2007-08 academic year only, recruited and nonrecruited student-athletes to engage in countable athletically related activities, except for competition, beyond the 14-day and 45-day limits noted in Bylaws 12.1.1.1.3.1 and 12.1.1.1.3.2.  Student-athletes who have requested final amateur certification and who are on the institution's Institutional Request List (IRL) may engage in countable athletically related activities, except for competition, until a final amateurism certification is completed, provided the student-athlete is otherwise eligible to practice (e.g., meets initial-eligibility requirements).  The subcommittee noted that due to the high volume of cases that the Amateurism Certification Team is reviewing and the decision to process the fall sports first, it is likely that there will be delays in the certification of student-athletes who participate in winter or spring sports.  Many of the winter and spring sports have permissible nonchampionship segment activities that may begin before all final certifications are completed.  Further, the subcommittee noted that student-athletes may not compete until a final certification is complete and that those student-athletes who receive a final certification that prohibits them from practicing may not use this blanket waiver.  The subcommittee noted a blanket waiver was appropriate to provide institutions flexibility while the Amateurism Certification Team manages a significant volume of cases during the first year of the process.  

NCAA Bylaws 15.5.3.2.1.1 (academic honor awards) and 15.5.3.2.1.1.1 (additional requirements).  June 20, 2007.  The NCAA Division I Management Council Administrative Review Subcommittee approved a blanket waiver for the 2007-08 academic year to permit institutions to use cumulative high school grade-point average, as opposed to core-course grade-point average, when exempting from an institution's equivalency computation an academic honor award pursuant to Bylaw 15.5.3.2.1.1 (i.e., a cumulative grade-point average of at least 3.500 based on a maximum of 4.000).  This waiver will be applicable to all prospective student-athletes who qualify for an academic honor award for the 2007-08 academic year (not just those who are deemed qualifiers after six semesters).  In issuing this waiver, the subcommittee noted that under the newly established early certification initial-eligibility program, prospective student-athletes who are certified early will not have a final core-course grade-point average calculated by the NCAA Eligibility Center.  Therefore, prospective student-athletes who receive an early certification waiver based on a six-semester transcript will otherwise not be able to qualify for an academic honor award using the grade-point average prong of the legislation since it requires a core-course grade-point average (calculated based on an eight-semester transcript).  The subcommittee noted further that permitting institutions to use cumulative grade-point average this year, as opposed to core-course grade-point average, is not likely to have a significant impact in the number of prospective student-athletes who will qualify for an academic honor award, and is the least bureaucratic way to resolve the issue.  The subcommittee noted that this time frame is sufficient to address the situation because during its June 2007 meeting, the NCAA Division I Academics Eligibility and Compliance Cabinet agreed to sponsor legislation that will resolve this issue beyond the 2007-08 academic year.

NCAA Division I Bylaw 12.1.2.4.8 (exception for camp or academy sponsored by a professional sports organization).  June 20, 2007.  The NCAA Division I Management Council Administrative Review Subcommittee (ARS) has issued a blanket waiver for the 2007 and 2008 summers to allow invited prospective student-athletes ages 19 and under to participate in the National Basketball Association's (NBA) Basketball Without Borders event without triggering violations of the amateurism regulations.  Under the current legislation, individuals ages 15 and under may participate in camps/academies sponsored by a professional sports organization (provided all other conditions are satisfied).  In issuing this waiver, the subcommittee noted the age restriction specified in the current legislation (15 and under) was implemented to ensure that camps/academies sponsored by a professional sports organization were not being used as a way to try out individuals who had begun classes for the ninth grade.  The subcommittee noted that the NBA Basketball Without Borders event is open to individuals ages 19 and under and promotes education, leadership, character, healthy living and HIV/AIDS awareness and prevention in addition to providing instruction and limited competition related to the sport of basketball.  Further, based on information received from the NBA, these events are not used as tryout opportunities.  The subcommittee noted that this time frame is sufficient to allow for discussions to occur related to legislative solutions beyond the summer of 2008.  

NCAA Bylaw 16.8.1.2.1 (departure/return expense restrictions). April 15, 2007. During its April 15, 2007, meeting, the NCAA Division I Management Council Administrative Review Subcommittee approved a blanket waiver for the remainder of the 2006-07 academic year and the 2007-08 academic year to permit an institution's team (in any sport) to depart more than 48 hours before the start of its conference tournament/championship. The subcommittee noted a legislative exception already exists for teams participating in NCAA championship events, national governing body championships in emerging sports or licensed postseason football games [Bylaw 16.8.1.2.1.1-(d)]. A conference tournament exception permits institutions the same flexibility they currently receive for other postseason events. This time frame allows for the subcommittee to propose legislation and receive feedback from the membership. If the proposal is defeated or not supported, the subcommittee would return to reviewing requests related to departure for a conference tournament/championship on a case-by-case basis. In addition, the subcommittee noted this blanket waiver applies only to departure/expense restrictions and does not apply to return/expense restrictions (i.e., within 36 hours following the conclusion of the actual competition). 

NCAA Bylaws 12.1.2.1.3.2.2 (educational expenses -- U.S. National Governing body) and 15.2.6.5 (educational expenses -- U.S. Olympic Committee or U. S. National Governing body).   February 28, 2007. As of August 1, 2006, the United States Bowling Congress (USBC) began requiring all USBC sanctioned competitions and members to put their scholarship dollars into the Scholarship Management and Accounting Reports for Tenpins (SMART) program.  The SMART program offers the bowling community a centralized location to manage bowling scholarships.  The SMART program is responsible for the management and administration of fund deposits, any and all transactions to the accounts and the approval and disbursement of the funds.  Prior to August 1, 2006, scholarship providers and recipients were not required to put their scholarships into the SMART program.  Therefore, there are many current prospective student-athletes who have earned scholarship dollars that are currently not held and managed through the SMART program.  

The NCAA Division I Management Council Administrative Review Subcommittee (ARS) approved a blanket waiver for the 2007 spring term and 2007-08 academic year to permit prospective student-athletes who earned and held scholarship funds outside of the SMART program prior to August 1, 2006 to deposit the funds into the SMART program.  Transfer of the funds would then make it permissible for these prospective student-athletes to use the scholarship dollars for their collegiate education as permissible financial aid from a national governing body.   The U.S. Bowling Congress believes 18-months is enough time to provide prospective student-athletes the opportunity to transfer their funds into the SMART program.  Once the waiver expires, those prospective student-athletes who did not transfer their scholarships into the SMART program, but still choose to participate in collegiate bowling, would generally be unable to use scholarship funds not administered through the SMART program.

NCAA Bylaws 14.7.1 (outside competition -- sports other than basketball) and 14.7.3.1 (exceptions to outside competition regulations -- in all sports). January 30, 2007. The NCAA Division I Management Council Administrative Review Subcommittee (ARS) approved a blanket waiver for the 2007 spring term and 2007-08 academic year to permit Division I student-athletes who participate in the sport of water polo to participate in the Speedo Top 40 and Premier League.  Speedo Top 40 and the Premier League occur during the academic year and have been determined by the NCAA Legislative Review/Interpretations Committee (LRlC) to not meet the outside competition exception related to national team tryouts and participation (Bylaw 14.7.3.1), since these events do not result in a student-athlete being directly selected to a national team.  However, these events are one of the ways in which a student-athlete may be designated for further review and invited to USA Water Polo training programs and selection camps. Although the Speedo Top 40 and Premier League events occur during the academic year, they do not cause student-athlete participants to miss class as they are held over weekends. Specifically, the Speedo Top 40 is held annually the first weekend in November and the Premier League runs on several weekends during; the months of February, March and April.  USA Water Polo is in the process of evaluating national team selection systems currently used by other national governing bodies in an effort to develop a permissible model that does not jeopardize student-athletes' college eligibility. Further, USA Water Polo will work together with the NCAA Olympic Sports Liaison Committee to either make changes within USA Water Polo's events structure or propose a legislative change. Lastly, the subcommittee strongly encourages institutions to work with their student-athletes to make arrangements to miss minimal to no class time in order to participate in these events.  Please note that this waiver does not apply to institutional coaching activities.

Division II

In response to the pending transition, the NCAA Division II Management Council Administrative Review Subcommittee approved a blanket waiver to permit institutions, from October 25-28, 2007, only, to provide an official visit to a prospective student-athlete who has not yet registered with the eligibility center and/or has not been added to the institution's IRL.  Prospective student-athletes who participate in an official visit during this time period must still comply with Bylaw 13.6.2-(a) (requirements for official visits).  In addition, the subcommittee approved a blanket waiver to permit institutional compliance coordinators and/or academic staff, from October 21-28, 2007, only, to initiate or return telephone calls to prospective student-athletes who have inquiries specifically related to the transition period, even if this call exceeds the maximum-permissible number of calls for the week.  The subcommittee noted a blanket waiver was appropriate to provide institutions the utmost flexibility with regard to scheduling official visits and communicating with prospective student-athletes during the transition period.  

NCAA Division II Bylaw 12.1.1.1.3.1 (participation before certification -- recruited and nonrecruited student-athlete).  August 29, 2007.  The NCAA Division II Administrative Committee approved a blanket waiver to permit, for the 2007-08 academic year only, recruited and nonrecruited student-athletes to engage in countable athletically related activities, except for competition, beyond the 45-day limit noted in Bylaw 12.1.1.1.3.1.  Student-athletes who have requested final amateur certification and who are on the institution?s Institutional Request List (IRL) may engage in countable athletically related activities, except for competition, until a final amateurism certification is completed, provided the student-athlete is otherwise eligible to practice (e.g., meets initial-eligibility requirements).  The committee noted that due to the high volume of cases that the Amateurism Certification Team is reviewing and the decision to process the fall sports first, it is likely that there will be delays in the certification of student-athletes who participate in winter or spring sports.  Many of the winter and spring sports have permissible nonchampionship segment activities that may begin before all final certifications are completed.  Further, the committee noted that student-athletes may not compete until a final certification is complete and that those student-athletes who receive a final certification that prohibits them from practicing may not use this blanket waiver. The committee noted a blanket waiver was appropriate to provide institutions flexibility while the Amateurism Certification Team manages a significant volume of cases during the first year of the process.  

NCAA Bylaws 12.1.2.1.3.2.1 (educational expenses -- U.S. Olympic Committee and U.S. National Governing body) and 15.2.6.5 (educational expenses -- U.S. Olympic Committee or U. S. National Governing body).   February 28, 2007. As of August 1, 2006, the United States Bowling Congress (USBC) began requiring all USBC sanctioned competitions and members to put their scholarship dollars into the Scholarship Management and Accounting Reports for Tenpins (SMART) program.  The SMART program offers the bowling community a centralized location to manage bowling scholarships.  The SMART program is responsible for the management and administration of fund deposits, any and all transactions to the accounts and the approval and disbursement of the funds.  Prior to August 1, 2006, scholarship providers and recipients were not required to put their scholarships into the SMART program.  Therefore, there are many current prospective student-athletes who have earned scholarship dollars that are currently not held and managed through the SMART program.  

The NCAA Division II Management Council Administrative Review Subcommittee (ARS) approved a blanket waiver for the 2007 spring term and 2007-08 academic year to permit prospective student-athletes who earned and held scholarship funds outside of the SMART program prior to August 1, 2006 to deposit the funds into the SMART program.  Transfer of the funds would then make it permissible for these prospective student-athletes to use the scholarship dollars for their collegiate education as permissible financial aid from a national governing body.   The U.S. Bowling Congress believes 18-months is enough time to provide prospective student-athletes the opportunity to transfer their funds into the SMART program.  Once the waiver expires, those prospective student-athletes who did not transfer their scholarships into the SMART program, but still choose to participate in collegiate bowling, would generally be unable to use scholarship funds not administered through the SMART program.

NCAA Bylaws 14.7.1 (outside competition, sports other than basketball) and 14.7.5.1 (exceptions to outside competition regulations -- in all sports).  January 30, 2007. The NCAA Division II Management Council Administrative Review Subcommittee (ARS) approved a blanket waiver for the 2007 spring term and 2007-08 academic year to permit Division II student-athletes who participate in the sport of water polo to participate in the Speedo Top 40 and Premier League.  Speedo Top 40 and the Premier League occur during the academic year and have been determined to not meet the outside competition exception related to national team tryouts and participation (Bylaw 14.7.3.1), since these events do not result in a student-athlete being directly selected to a national team.  However, these events are one of the ways in which a student-athlete may be designated for further review and invited to USA Water Polo training programs and selection camps. Although the Speedo Top 40 and Premier League events occur during the academic year, they do not cause student-athlete participants to miss class as they are held over weekends. Specifically, the Speedo Top 40 is held annually the first weekend in November and the Premier League runs on several weekends during; the months of February, March and April.  USA Water Polo is in the process of evaluating national team selection systems currently used by other national governing bodies in an effort to develop a permissible model that does not jeopardize student-athletes' college eligibility. Further, USA Water Polo will work together with the NCAA Olympic Sports Liaison Committee to either make changes within USA Water Polo's events structure or propose a legislative change.  Lastly, the subcommittee strongly encourages institutions to work with their student-athletes to make arrangements to miss minimal to no class time in order to participate in these events.  Please note that this waiver does not apply to institutional coaching activities.

Division III

NCAA Bylaws 14.7.1 (outside competition) and 14.7.3.1 (exceptions to outside competition regulations -- in all sports). January 31, 2007. The NCAA Division III Management Council Administrative Review Subcommittee (ARS) approved a blanket waiver for the 2007 spring term and 2007-08 academic year to permit Division III student-athletes who participate in the sport of water polo to participate in the Speedo Top 40 and Premier League.  Speedo Top 40 and the Premier League occur during the academic year and have been determined to not meet the outside competition exception related to national team tryouts and participation (Bylaw 14.7.3.1), since these events do not result in a student-athlete being directly selected to a national team.  However, these events are one of the ways in which a student-athlete may be designated for further review and invited to USA Water Polo training programs and selection camps. Although the Speedo Top 40 and Premier League events occur during the academic year, they do not cause student-athlete participants to miss class as they are held over weekends. Specifically, the Speedo Top 40 is held annually the first weekend in November and the Premier League runs on several weekends during; the months of February, March and April.  USA Water Polo is in the process of evaluating national team selection systems currently used by other national governing bodies in an effort to develop a permissible model that does not jeopardize student-athletes' college eligibility. Further, USA Water Polo will work together with the NCAA Olympic Sports Liaison Committee to either make changes within USA Water Polo's events structure or propose a legislative change.  Lastly, the subcommittee strongly encourages institutions to work with their student-athletes to make arrangements to miss minimal to no class time in order to participate in these events.  Please note that this waiver does not apply to institutional coaching activities

10/8/07

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