REPORT OF THE
DIVISION III ADMINISTRATIVE
REVIEW SUBCOMMITTEE
1. ACTION ITEMS.
a. Season-of-Competition Waiver (NCAA
Bylaw 14.2.6).
(1)
Recommendation. Amend the current season-of-competition
waiver to include eligible student-athletes who compete within certain
limitations. Specifically, the waiver
would expand to include situations where an eligible student-athlete did not
participate in more than two contests or 10 percent of the season, whichever is
greater, and must have been involved innocently and inadvertently in the
participation under the following conditions:
? A
student-athlete is forced to withdraw from school as a result of a documented
family illness;
? A
student-athlete is forced to withdraw based on documented financial struggle;
or
? Institution
discontinues a student-athlete’s sport.
The
subcommittee also recommends that the amended legislation include a requirement
that a waiver be granted with the condition the student-athlete be withheld
from one contest for each contest in which they competed (one-for-one). Additionally, the waiver language should
include a provision to grant authority to the Committee on Student-Athlete
Reinstatement to review waivers and to grant waivers under extraordinary circumstances
when the specific criteria are not met.
The subcommittee proposes an effective date of August 1, 2002.
Finally, the existing criteria of the
season-of-competition waiver must be met.
Therefore, the competition must have occurred at an NCAA institution and
within 60 days of the date the student-athlete reported for athletics
participation.
(2)
Rationale. The subcommittee forwards this
recommendation based on the number of requests submitted by the membership and
reviewed by the subcommittee to waive Bylaw 14.2.4.1 (Minimum Amount of
Competition). The subcommittee believes
that establishing specific criteria through legislation can reasonably expand
the season-of-competition waiver to include eligible student-athletes. The subcommittee notes that the increasing
number of requests being submitted by the membership have created criteria that
can be reviewed in a more equitable manner through a legislated waiver. Regarding the one-for-one condition, this
condition is used based on competitive equity reasons.
(3) Budget
Impact. None.
b. Policies and Procedures.
(1)
Recommendation. Approve the committee’s amended policies and
procedures (Attachment A). The subcommittee has clarified the following
issues: reconsideration, urgent
requests, Administrative Review Subcommittee coordinator, archived case
precedent, written documentation submissions and telephone conferences.
(2)
Rationale. The subcommittee has reviewed various cases
over the past year, which have resulted in necessary clarifications of the
policies and procedures in order to assist the membership, the subcommittee and
the staff in the administrative review process.
(3)
Budget Impact. None.
2. INFORMATIONAL ITEMS.
a. Weekly Mailings. The subcommittee discussed issues
surrounding urgent cases, in particular, cases where an institution submits a
case late, even though the institution had knowledge of the issue well before
the request was submitted. The subcommittee
directed the staff to amend the application to state that institutions should
allow three weeks from the time the case is received by the staff for a
decision to be rendered (Attachment B).
b. Blanket Waivers. The subcommittee discussed whether it would
begin granting waivers for multiple academic years when the involved
student-athlete’s
circumstances are unchanged. The
subcommittee has determined to not allow for blanket waivers but may grant
exceptions when specifically warranted.
c. Bylaw 14.2.2 –
Ten-Semester/Fifteen-Quarter Rule. In October and December 2000, the
subcommittee and the Division III Committee on Student-Athlete Reinstatement
determined that if the student-athlete had not been credited with the use of a
semester by the institution, then the subcommittee would be the appropriate
avenue for an appeal. During the July
2001 meeting, the subcommittee approved the following guidelines to be used in
determining if a request should be processed by the subcommittee or as an
extension per Bylaw 30.6.1:
?
The full-time enrollment occurred for a short
period of time (e.g., drop/add period); and
?
The student-athlete never attended the full-time
schedule for that semester or quarter.
If
the student-athlete’s situation falls within both the established guidelines,
then the subcommittee is the appropriate body to review the institution’s request. The subcommittee directed the director of
student-athlete reinstatement or administrative review coordinator be charged
with determining if the subcommittee or an extension is the appropriate means
for a waiver to be heard. In cases
where the subcommittee is the appropriate body, the subcommittee approved the
following information standards for reviewing cases involving the utilization
of a semester or quarter.
?
Documentation of the institution’s mistake or
misadvisement from the appropriate institutional authority;
?
Documentation that the institution considered
the student-athlete to be enrolled part time; and
?
A statement from the student-athlete.
During
its July 2001 meeting, the subcommittee reviewed requests of Bylaw 14.2.3 (Additional
Applications of the Five-Year Rule) and determined that the subcommittee
process is the more appropriate avenue to address these cases. Specifically, inasmuch as the circumstances
involve student-athletes who have not theoretically triggered initial
collegiate enrollment, it seems the application of the extension legislation is
not appropriate. These circumstances
involve student-athletes who have not graduated from high school but have
triggered the five-year clock. The
subcommittee notes
that
it will review the five exceptions to Bylaw 14.2.3; however, the majority of
the cases processed concern Bylaw 14.2.3.3 (Joint College/High-School Program).
d. Information Standards.
Bylaw 16.8.1.2.1 – Competition While
Representing Institution – Departure and Return.
The subcommittee adopted a clarification and an additional information
standard for institutions to meet when requesting relief from the departure and
return for competition legislation. The new information standard is specific to
whether the student-athletes will miss class.
The subcommittee noted that meeting these standards does not indicate
that the request will be granted.
However, the information is necessary in order for a case to be
reviewed.
e. Summary of Cases. From June 2 through September 5, the
subcommittee processed three cases: two
were granted with conditions and one was denied. Since August 1, 1997, a total of 150 Division III cases have been
acted upon, 54 have been granted and 96 have been denied.