REPORT OF THE NCAA DIVISION
III
STUDENT-ATHLETE
REINSTATEMENT COMMITTEE
1. ACTION ITEMS.
a. Policies and
Procedures.
(1)
Recommendation. Approve the proposed changes to the
student-athlete reinstatement policies and procedures. (Attachment A)
(2) Rationale. The
recommended changes affect two different areas of the reinstatement
process. First, the committee is
clarifying the process for re-opening a case as a result of the institution
obtaining new information that did not exist at the time of the original appeal
but became available to the student-athlete and the institution after the case
was decided. In that circumstance,
the case should be opened and reviewed.
The second change relates to the application of a withholding condition
and clarifies which competition must be used to fulfill a reinstatement
condition.
(3) Budget
Impact. None.
b. Expansion of the
Season-of-Competition Waiver (Bylaw 14.2.6).
(1) Recommendation. Amend Bylaw 14.2.6 to increase the participation
permitted for eligible student-athletes, while still qualifying for a waiver,
to a maximum of three contests or dates of competition (whichever is applicable
to that sport) or one-third (whichever number is greater) of the institution’s
completed contests or dates of competition in his or her sport.
(2)
Rationale. The committee noted that the three
circumstances for which an eligible student-athlete could qualify for a waiver
are beyond the control of the student-athlete, just as suffering an
incapacitating injury is beyond the control of the student-athlete for a
hardship waiver. Therefore, the
amount of competition that is permitted while still qualifying for a hardship
waiver and a season-of- competition waiver for eligible student-athletes should
be the same. The committee
supports the proposal made by the Administrative Review Subcommittee to expand
the current season-of-competition waiver for eligible student-athletes. The committee approves the
circumstances and the requirements of the season-of-competition waiver proposal
as recommended by the subcommittee and supported in principle by the Management
Council in October 2001 and April 2002.
(Attachment B) [See also
Supplement No. 18, Proposal Nos. 2 and 2-1.]
(3)
Budget Impact. None.
c. Restitution
Legislative Proposals.
(1) Recommendation. Amend Bylaws 13.5 (Entertainment),
13.7.6 (Lodging for Additional Persons) and 13.13.2.1 (Employment at Camp or
Clinic/Student-Athlete) to be restitution. Therefore, violations of these bylaws would no longer affect
the prospective student-athlete’s eligibility if the value of the benefit is
$50 or less, conditioned upon the prospective student-athlete repaying the
value of the benefit to a charity of his or her choice. Violations of these bylaws would remain
institutional violations per Constitution 2.8.1.
(2) Rationale. These violations involve situations in which the individual
has little or no culpability and the staff requires repayment only. Applying the restitution principle to
the above bylaws is in the spirit of deregulation and will enable institutions
to get student-athletes back on the playing field as quickly as possible.
(3) Budget Impact. None.
d. De minimus
Legislative Proposals.
(1) Recommendation. Amend Bylaws 13.7.4 (Accommodations on
Official Visits), 13.7.5.5.2 (Multiple Hosts), 13.11.6 (Photograph of
Prospect), 13.14.1 (Coach Involvement) to be de minimis. Therefore, violations of these bylaws
would no longer affect the prospective student-athlete’s eligibility. Violations of these bylaws would remain
institutional violations per Constitution 2.8.1.
(2) Rationale. In reviewing cases processed under these bylaws, no penalty
has been imposed on the student-athlete in these cases. In addition, these violations involve
situations in which the prospective student-athlete has little or no culpability. Therefore, amending these bylaws to
incorporate the de minimis clause is in the spirit of deregulation and will
enable the institution to get student-athletes back on the playing field as
quickly as possible.
(3) Budget
Impact. None.
e. Restitution
Proposal Bylaw 15.2.3 (Books).
(1) Recommendation.
Amend Bylaw 15.2.3 (Books) to be restitution. Thus, violations of this bylaw would no longer affect the
student-athlete’s eligibility if the violation is $50 or less, and the
student-athlete repays the value of the benefit to a charity of his or her
choice. Violations of this bylaw
would remain institutional per Constitution 2.8.1.
(2) Rationale. When a violation of Bylaw 15.2.3
occurs, the NCAA membership services staff instructs the institution to cite
Bylaws 15.2.3 and 16.2.2 (Nonpermissible Procedures). Due to the double citation, there is confusion within the
membership in determining whether the violation is restitution since the restitution
principle applies to Bylaw 16.2.2.
Amending the bylaw to incorporate the restitution clause will eliminate
the confusion.
(3) Budget
Impact.
None.
f. Editorial
Revision Within Bylaws 30.6.1 and 30.6.1.1 (10-Semester Rule Waiver Criteria).
(1) Recommendation. Editorially revise the following
administrative clarifications be made to Bylaws 30.6.1 and 30.6.1.1
(10-Semester Rule Waiver Criteria):
Bylaw 30.6.1. “A waiver of the five-year/10 semester period of
eligibility is designed to provide a student-athlete with the opportunity to
participate in four seasons of intercollegiate competition within a five-year
10-semester period.
This waiver may be granted, based upon objective evidence, for reasons
that are beyond the control of the student-athlete or and
the institution, which deprive the student-athlete the opportunity to
participate for more than one season in his or her sport within the five-year.”
Bylaw 30.6.1.1. Circumstances considered to be beyond
the control of the student-athlete or and the institution and do not cause a
participation opportunity to be used shall include, but are not limited to, the
following…”
Rationale.
The extension legislation has always been interpreted to be beyond the
control of the student-athlete and the institution; however, the language has
not been amended to reflect such.
The clarification reflects the true intent and application of the waiver
and will provide needed clarification for the membership.
Budget Impact.
None.
g. U.S. Service Academies, Special Eligibility Provisions; Five-Year/ 10-Semester Rule (Bylaw 14.9.1).
(1) Recommendation. Amend Bylaw 14.9.1 (U.S. Service
Academies, Special Eligibility Provision; Five-Year/10-Semester Rule) to
reflect the following language so as to provide guidance to the membership as
to which body of authority should review and make determinations of this bylaw.
“The Management Council, by a two –thirds
majority of its members present and voting, The Student-Athlete
Reinstatement Committee may approve waivers to the 10-semester rule
(see Bylaw 14.2) for student-athletes of the national service academics who
have exhausted eligibility in one sport but wish to compete in another sport or
sports in which they have eligibility remaining.”
(2)
Rationale.
Bylaw 14.9.1 stipulates that the Management Council may approve waivers
of the 10-semester/15-quarter rule for student-athletes of the national service
academies who have exhausted eligibility in one sport but wish to compete in another
sport or sports in which they have eligibility remaining. The committee believes that this is an
extension issue and, thus, should be administered by the Student-Athlete
Reinstatement Committee as opposed to the Management Council.
(3)
Budget
Impact. None.
2. INFORMATIONAL ITEMS.
a. Business and
Technology Education Council (BTEC) National Diploma Program. The Business and Technology Education Council (BTEC)
national Diploma Program is a major educational program in the United
Kingdom. Prior to the 2002-03
academic year, it was determined that students who enrolled in the BTEC
National Diploma Program had triggered the start of their
10-semester/15-quarter time period of eligibility and therefore, were
considered transfer student-athletes upon enrolling at an NCAA
institution. However, in September
2001, the NCAA Foreign Student Records Committee determined that as of the
2002-03 academic year, the BTEC National Diploma Program would be considered a
secondary educational program, rather than a postsecondary program. This decision reversed a 1997 decision
made by the former NCAA Consultants on Foreign Student Records.
Student-athletes
already enrolled in NCAA institutions who completed the BTEC National Diploma
Program have been held to the standard that BTEC is postsecondary; therefore,
those student-athletes triggered the start of their 10-semester/15-quarter time
period of eligibility due to enrolling in the BETC National Diploma Program
prior to the 2002-03 academic year.
For
student-athletes who have transferred to an NCAA institution and triggered
their period of eligibility due to enrolling in the BTEC National Diploma
Program prior to the 2002-03 academic year, the committee directed the staff to
restart the 10-semester period of eligibility. Specifically, an extension would be granted to reflect the
student-athlete’s period of eligibility beginning with initial full-time
enrollment at an institution other than the BTEC National Diploma Program.
b. General
Amateurism and Eligibility Form for International Student-Athletes. The committee endorsed the changes to the
International Student-Athlete Form and noted that the changes will provide
clarity and ensure that the membership obtains the information necessary to
certify a foreign student-athlete’s eligibility.
c. Football (Soccer) Scholarship Programme. The committee reviewed a report regarding the Football Scholarship Programme, formerly known as the as the Youth Training Scheme (YTS), established by the United Kingdom’s government. The program provides educational and vocational training with professional soccer teams within the United Kingdom. The government and the professional soccer teams fund the program. The staff sought guidance from the committee regarding how to treat individuals who sign a scholarship agreement, which contains incentive or bonus agreement with a professional soccer team and then accept the money. The committee directed the staff not to reinstate individuals who accept an incentive or bonus since the funds are tantamount to a salary. The new amateurism legislation does not permit an individual to receive a salary; therefore, the committee directed the staff to impose a harsh reinstatement condition. The committee noted that where applicable, an institution may appeal the staff’s decision, and the committee will determine if relief is warranted based on the specific facts of the case. The institution will have the burden of demonstrating that the individual is not a professional athlete.
Douglas Archie. Student-Athlete Reinstatement
The
National Collegiate Athletic Association
July 2, 2002 DIA:tlc
EXCERPT FROM SUMMARY OF ACTIONS/RECOMMENDATIONS
NCAA DIVISION III
MANAGEMENT COUNCIL MEETING
NCAA DIVISION III
PRESIDENTS COUNCIL MEETING
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SUPPLEMENT NO. 6 |
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Martin, C. |
ISSUE:
Season-of-Competition Waiver (NCAA Bylaw 14.2.6). |
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Management Council Action: |
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Support in principle sponsorship of
proposed legislation for the 2003 Convention to 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 recommended 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 proposed 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. The Council requested a review of the draft
legislation in January, with an effective date of August 1, 2003. |