NCAA Proposal No. 2007-110

Financial Aid -- Reduction and Cancellation During Period of Award -- Reduction or Cancellation Not Permitted -- Injury, Illness or Physical or Mental Medical Condition

Question and Answer Document

In the fall of 2007, the NCAA Division I Academics/Eligibility/Compliance Cabinet and the NCAA Division I Board of Directors forwarded into the 2007-08 legislative cycle NCAA Proposal No. 2007-110. The concept originated with the NCAA Committee on Women's Athletics, who conducted extensive discussions in regard to how NCAA legislation may impact student-athletes who may become pregnant or face other physical or mental conditions. The committee engaged in the discussions at the request of NCAA President Myles Brand, and the NCAA Division II Management Council and NCAA Division II Presidents Council have been asked to consider this concept as well. Finally, the recommended legislative changes were also reviewed and supported by the NCAA Minority Opportunities and Interests Committee and the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports.

At its November 2007 meeting, the NCAA Division I Management Council Legislative Review Subcommittee (LRS) suggested the proposal be modified to be consistent with the language included in the Family Medical Leave Act (injury, illness or physical or mental medical condition). In addition, the LRS recommended that the NCAA Division I Management Council forward this proposal to the Board of Directors for approval. The references to the legislative language in this document are not reflected in the language that was used in the proposal as it was presented in the 2008 NCAA Division I Official Notice. However, the application of the proposal, as amended, did not change. The language of the proposal has been updated on the NCAA Legislative Services Database for the Internet (LSDBi).

The following information contains questions and answers to assist the membership in its understanding of Proposal No. 2007-110.

Question: How does Proposal No. 2007-110 change the current legislation?

Answer: Current financial aid regulations specify that institutional financial aid based in any degree on athletics ability may not be reduced or canceled during the period of its award "because of an injury that prevents the recipient from participating in athletics." The legislation does not address whether financial aid may be reduced or canceled during the period of the award when a student-athlete may be suffering from an illness (e.g., mononucleosis, depression) or other medical condition (e.g., pregnancy, drug/alcohol addiction, eating disorder) that may or may not prevent participation in athletics. Therefore, this proposal would specify that institutional financial aid based in any degree on athletics ability may not be reduced or canceled during the period of the award because of an injury, illness or physical or mental medical condition, regardless of whether the student-athlete is prevented from participating in athletics.

Question: How do the conditions noted in NCAA Bylaw 15.3.4.1 (reduction or cancellation permitted) apply in conjunction with the proposed legislative language?

Answer: Current financial aid legislation relating to the reduction and cancellation during the period of the award is designed to work in concert (Bylaw 15.3.4 and its subsections including 15.3.4.1 and 15.3.4.2). The proposed changes outlined in Proposal No. 2007-110 and Bylaw 15.3.4.3 are not designed to impact the conditions in which an institution may permissibly reduce or cancel a student-athlete's financial aid during the period of the award per Bylaw 15.3.4.1.

Bylaw 15.3.4.1 provides four conditions in which an institution may reduce or cancel a student-athlete's financial aid based on athletics ability during the period of the award. The four conditions are as follows:

a. When a student-athlete renders himself or herself ineligible for intercollegiate competition;

b. Fraudulently misrepresents any information on an application, letter of intent or financial aid agreement;

c. Engages in serious misconduct warranting substantial disciplinary penalty; or

d. Voluntarily withdraws from a sport for personal reasons.

This proposal, if adopted, modifies Bylaw 15.3.4.3 and expands on the provisions that are specifically outlined in that bylaw for conditions in which an institution may not reduce or cancel a student-athlete's financial aid based on athletics ability during the period of the award.

For example, after the start of the period of the award, if a student-athlete becomes pregnant or suffers from an eating disorder or mental illness, it would not be permissible for an institution to reduce or cancel the student-athlete's aid based on the provisions of Bylaw 15.3.4.1-(b) (fraudulently misrepresents any information on an application, letter of intent or financial aid agreement). Moreover, any additional language in the financial aid agreement stating that the award could be reduced or canceled if the student-athlete was not able to participate in athletics as a result of their physical or mental condition would not be enforceable. However, if a student-athlete knowingly misleads the institution regarding such a condition at the time a financial agreement is signed, then the institution may use the provisions of Bylaw 15.3.4.1-(b) to reduce or cancel the student-athlete's athletically related financial aid.

Question: If an institution has an institution-wide policy applicable to all students that prohibits specific activities (e.g., premarital sex, drug or alcohol use), may the institution cancel or reduce the student-athlete's financial aid during the period of the award under the misconduct provision of Bylaw 15.3.4.1-(c)?

Answer: Yes. The sponsors of the proposal specifically noted that factual situations may arise that involve student-athletes who engage in activities that are considered misconduct for all students at the institution, and which may ultimately result in an illness or medical conditions. The sponsors intended for institutions to have the continued discretion to reduce or cancel the student-athlete's financial aid during the period of the award pursuant to Bylaw 15.3.4.2-(c), as applicable. Further, the sponsors believe that the existing legislation related to notification of the cancellation or reduction of financial aid and the required hearing opportunity provides appropriate safeguards for both the student-athlete and the institution to ensure that NCAA legislation and/or institutional policies are appropriately applied.

Question: If this proposal is adopted, may an institution cancel or reduce a student-athlete's financial aid during the period of the award if the student-athlete violates an athletics department policy and/or team policy (e.g., consumes alcohol/drugs, excessive missed class time) that is included as a condition in the student-athlete's financial aid award that the student-athlete must meet in order to retain athletics aid?

Answer: Yes. If a student-athlete violates nonathletically related conditions included in the financial aid agreement, his or her financial aid may be canceled or reduced during the period of the award.

It is permissible for an institution to include nonathletically related conditions in the financial aid agreement that the student-athlete must meet in order to retain athletics aid during the period of the award. These conditions may be athletics department and/or team policies that the student-athlete must adhere to in order to retain the financial aid during the period of the award. However, if such conditions ultimately relate to a student-athlete's illness or physical or mental medical condition, his or her financial aid may not be reduced or canceled on that basis alone.

Question: If the proposal is adopted, is an institution prohibited from removing a student-athlete from the team if the student-athlete violates a team rule (e.g., consumes alcohol/drugs, missed class time)?

Answer: No. The proposal only addresses whether institutional financial aid based on athletics ability may be reduced or canceled during the period of the award if the student-athlete suffers an injury, illness or physical or mental medical condition. The institution, at its discretion, may remove a student-athlete from the team (e.g., student-athlete is no longer permitted to practice or compete for the institution) based on the facts presented and/or institutional policy. General institutional grievance procedures would be available to the student-athlete if he or she desires to pursue further action. Any reduction or cancellation of a student-athlete's financial aid during the period of the award may occur under Bylaw 15.3.4 and its subsections.

Question: If a student-athlete has a documented drug addiction, may an institution include in its financial aid agreement a nonathletically related condition that a student-athlete must meet conditions of treatment associated with that drug problem (e.g., attending counseling sessions)? If the student-athlete does not meet the conditions outlined in the financial aid agreement, may the institution cancel or reduce the student-athlete's financial aid during the period of the award?

Answer: Yes. It is permissible for an institution to include nonathletically related conditions in the financial aid agreement that the student-athlete must meet in order to retain athletics aid during the period of the award. Thus, it would be permissible for an institution to include in its financial aid agreement a nonathletically related condition that a student-athlete must meet conditions of treatment associated with that drug problem (e.g., attending counseling sessions). Further, if the student-athlete does not meet those outlined conditions, his or her financial aid may be canceled or reduced during the period of the award. In this case, the cancellation or reduction of aid is not due to the injury, illness or physical or mental medical condition. Instead, it is due to the student-athlete not meeting a nonathletically related condition outlined in the original financial aid agreement.

Question: What types of conditions are covered under "injury, illness or physical or mental medical condition"?

Answer: The proposal does not specifically define what constitutes an injury, illness or physical or mental medical condition nor does it provide the types of conditions that are included. However, the injury, illness or physical or mental medical condition does not have to prevent the student-athlete from participating in athletics. The sponsors intended for the proposal to specifically include broad language and they noted that it was appropriate for institutional personnel involved in the oversight and monitoring of institutional financial aid based on athletics ability to ensure that financial aid was not reduced or canceled during the period of the award for anything that could be classified as an injury, illness or physical or mental medical condition. In addition, the sponsors noted that it would be difficult to define all injuries, illnesses or physical or mental medical conditions that would be covered by this legislative change.

Question: Does the "injury, illness or physical or mental medical condition" need to be supported by contemporaneous medical documentation and diagnosed by licensed medical personnel?

Answer: The proposal does not require that a student-athlete or the institution provide contemporaneous medical documentation or a diagnosis by licensed medical personnel. However, the institution has the discretion to request this type of information in order to verify that the student-athlete is or is not suffering from an injury, illness or physical or mental medical condition. Current legislation [Bylaw 15.3.4.3-(b)] does not require the student-athlete to provide contemporaneous medical documentation for an injury or diagnosis by licensed medical personnel.

Question: What is the "period of the award"?

Answer: If a student's athletics ability is considered in any degree in awarding financial aid, such aid shall neither be awarded for a period in excess of one academic year nor for a period of less than one academic year (Bylaw 15.3.3.1). The period of the award begins when the student-athlete receives any benefits as a part of the student's grant-in-aid on the first day of classes for a particular academic term, or the first day of practice, whichever is earlier, until the conclusion of the period set forth in the financial aid agreement (Bylaw 15.02.7). In addition, an institution may not decrease a prospective student-athlete's or a student-athlete's financial aid from the time the prospective student-athlete or student-athlete signs the financial aid award letter until the conclusion of the period set forth in the financial aid agreement, except under the conditions set forth in Bylaw 15.3.4.1. Therefore, in terms of this proposal, institutional financial aid may not be reduced or canceled during the period of the award based on an injury, illness or physical or mental medical condition.

Question: Does this proposal affect Bylaw 15.3.3.1, which requires athletics aid to be awarded to the student-athlete for a period of one academic year?

Answer: No. Per Bylaw 15.3.3.1, an institution is required to award athletics aid for a period of one academic year. However, it remains permissible for an institution to include in its financial aid agreement nonathletically related conditions that a student-athlete must meet in order to continue to receive athletics aid during the period of the award.

Question: May an institution not renew a student-athlete's athletics aid for the next academic year based on a violation of team rules, injury, illness or physical or mental medical condition?

Answer: Yes. Per Bylaw 15.3.5.1, an institution is required to promptly notify a student-athlete in writing on or before July 1 if the financial aid of the student-athlete will be renewed, reduced or canceled for the following academic year. Further, the institution is required to provide a student-athlete a hearing opportunity per Bylaw 15.3.2.4.

Question: If a student-athlete's financial aid is reduced or canceled during the period of the award, does the proposal contain provisions that require the hearing opportunity to be expedited since it may impact the student-athlete's ability to continue enrollment at the institution?

Answer: No. However, the current legislation does specify that an institution must have reasonable procedures in place for promptly hearing a student-athlete's request, which is determined by each institution.

Question: If an institution cancels or reduces a student-athlete's financial aid during the period of the award pursuant to NCAA regulations, is that student-athlete included in the team's NCAA Division I Academic Progress Rate (APR) cohort?

Answer: Yes. If the student-athlete received permissible athletics aid as of the fifth week of classes or the official census date, whichever is earlier, the student-athlete would be a part of the team's APR cohort for that academic term. If the aid was canceled prior to the fifth week of classes or the official census date, the student-athlete should be removed from the team's APR cohort for that academic term.

NCAA Division I Legislative Proposal

Proposal Number: 2007-110

Title: FINANCIAL AID -- REDUCTION AND CANCELLATION DURING PERIOD OF AWARD -- REDUCTION OR CANCELLATION NOT PERMITTED -- INJURY, ILLNESS OR physical or mental MEDICAL CONDITION

Intent: To specify that institutional financial aid based in any degree on athletics ability may not be reduced or canceled during the period of its award because of an injury, illness or physical or mental medical condition.

Bylaws: Amend 15.3.4.3, as follows:

15.3.4.3 Reduction or Cancellation Not Permitted. Institutional financial aid based in any degree on athletics ability may not be reduced or canceled during the period of its award:

[15.3.4.3-(a) unchanged.]

(b) Because of an injury, illness or physical or mental medical condition that prevents the recipient from participating in athletics (except as permitted pursuant to Bylaw 15.3.4.1); or

[Remainder of 15.3.4.3 unchanged.]

Source: NCAA Division I Board of Directors [Academics/Eligibility/Compliance Cabinet (Subcommittee on Financial Aid)].

Effective Date: Immediate

Category: Amendment

Topical Area: Financial Aid

Rationale:

Current legislation does not provide protection for a student-athlete who may be suffering from an illness (e.g., mononucleosis, depression) or other physical or mental medical condition (e.g., pregnancy, drug/alcohol addiction, eating disorder) that does not necessarily prevent participation in athletics. It is permissible for an institution to reduce or cancel athletically related institutional financial aid during the period of the award pursuant to specifically legislated instances per Bylaw 15.3.4.1 (e.g., student-athlete rendering himself or herself ineligible, fraudulent misrepresentation, serious misconduct) and other nonathletically related conditions in the financial aid agreement. However, it should not be permissible to reduce or cancel a student-athlete's financial aid during the period of the award based on any injury, illness or physical or mental medical condition, except for situations in which the conditions or Bylaw