REPORT OF THE
NCAA DIVISION III COMMITTEE ON STUDENT-ATHLETE REINSTATEMENT
1. ACTION ITEMS.
a. NCAA Bylaw 31.2.2.2
– (Committee on Student-Athlete Reinstatement Representative)
(1) Recommendation. Sponsor legislation that eliminates Bylaw
31.2.2.2 (NCAA Division III Committee on Student-Athlete Reinstatement
representative).
(2) Rationale. Bylaw 31.2.2 2 authorizes the chair of
the Committee on Student-Athlete Reinstatement to designate the faculty
athletics representative of the host institution to act as a temporary,
additional member of the committee and it shall be the special responsibility
of the temporary member to notify the chair of any eligibility problem. The committee believes that this bylaw
should be eliminated since committee members are and have been available in
emergency championship situations which this bylaw was intended to
address. In addition, in an effort
to promote consistency and to protect sensitive information, the committee
believes it is the best body to address emergency eligibility/reinstatement
issues. Further, the committee
noted that this bylaw has not been used in recent years. Finally, elimination of this bylaw is
consistent with the committee’s efforts to deregulate the manual and to
streamline the student-athlete reinstatement process.
b. Bylaw
30.6.1 (10-Semester/15-Quarter Rule Waiver).
(1) Recommendation. Sponsor legislation to amend Bylaw
30.6.1.1 (b) (five-year/10-semester rule waiver) as follows: The
student-athlete is unable to participate in athletics as a result of a
life threatening or incapacitating injury or illness suffered by a member of
the student-athlete’s immediate family, which is clearly supported by
contemporaneous medical documentation.
(2) Rationale. Currently, the bylaw requires that a student-athlete be unable to attend a collegiate institution full time in order to meet the legislated criteria of the extension. The committee believes it is not in the best interest of student-athletes to require that the injury or illness suffered by a
family member necessitate the student-athlete leave school in order to be considered a denied participation opportunity. Further, the intent of the extension legislation is to examine if the student-athlete did not have a participation opportunity as a result of something beyond his or her or the institution’s control. The committee believes that a student-athlete should not be punished for attempting to remain enrolled in school if an injury or illness to an immediate family member prevents competition. Moreover, the committee notes that this will be consistent with the other components of the extension legislation, consistent with committee applications and consistent with criteria for a seasons-of-participation waiver – competition while eligible.
c. Bylaw 14.1.3.1 – (Student-Athlete Statement)
(1) Recommendation. Amend the student-athlete statement (Bylaw 14.1.3.1) to include the following question:
Are you aware of any NCAA violations you were involved in while attending your previous institution?
Yes __________ No __________________
Where you required to be withheld from competition while attending your previous institution?
Yes ___________ No ________________
If you answered yes to either of the above questions, please provide an explanation.
In addition, the committee requested the National Office staff develop a document to assist Division III institutions with transfers.
(2) Rationale. In processing cases, the committee has discovered that at times additional violations occur because institutions are not aware of a student-athlete’s actions at a prior institution. In addition, the committee discussed the application of reinstatement conditions and how they apply to transfer student-athletes. In this discussion, it was discovered it would be helpful for institution to be aware of previous violations when reviewing a student-athlete’s relevant information. In an effort to obtain this information and have the opportunity to investigate accordingly, the
committee believes the student-athlete statement should include a question that asks for information about prior involvement in violations.
d. Creation of Student-Athlete Reinstatement Forms.
(1) Recommendation. Approve creation of the following two forms:
· Request for a waiver processed by the student-athlete reinstatement staff and committee, (Attachment A); and
· Request for reinstatement and/or self-report of secondary violation (Level I) (Attachment B).
(2) Rationale. In light of recent advancements in technology, institutions will be able to file requests for reinstatement and waivers with the reinstatement staff online by completing and submitting forms through LSDBi. In an effort to promote efficiency and consistency, the committee recommends the approval of these forms which all member institutions will be required to use. In addition to the use of technology, the belief is that the use of forms will assist in ensuring all relevant information is included within a reinstatement request.
e. Policies and Procedures.
(1) Recommendation. Support proposed amendments to the committee’s policies and procedures.
(2) Rationale. The following changes are needed to reflect the current practices of the staff and committee and in order to implement new policies. The first amendment reflects a change in policy that will allow for expert advice to be considered in the reinstatement process for cases involving learning disabilities, depression, alcoholism, drug addiction or other psychiatric disorders. The second change is consistent with current practices but would clearly articulate that repayment must be made by the student-athlete or the student-athlete’s legal guardian. The specific language included in the policies and procedures is below:
(a) If a reinstatement request involves arguments of learning disabilities, depression, alcoholism, drug addiction or other psychiatric disorders, the case information may be shared with an expert in that field. The expert will review the information and provide an analysis. The analysis provided by the expert will be
included in the written record of the case and considered by the staff and committee when reviewing the case.
(b) In regards to a condition of repayment, repayment must be made by the student-athlete or his or her legal guardian (e.g., fund-raising or donations may not be used to repay the benefit). Any limited exception to this must be approved by the student-athlete reinstatement staff or committee.
2. INFORMATIONAL
ITEMS.
a. Reinstatement Guidelines. The committee approved a Division III-specific document outlining all guidelines established by the Division III Student-Athlete Reinstatement Committee for the processing of reinstatement requests. While a guidelines document has existed for some time, it contained guidelines for all three divisions which became cumbersome and confusing to review. As a result, each division now has its own guidelines document which will be updated after each committee meeting. The most updated version of the Division III guidelines document will be located on the student-athlete reinstatement section of the NCAA Web site.
b. Reports on Bylaws 10.1 and 15 and Factors to Assess Culpability. The committee heard reports on cases involving Bylaws 10.1 (unethical conduct) and 15 (financial aid) that included the factors considered when the staff assesses student-athlete culpability. In discussion on these reports, the committee provided guidance to the staff regarding what factors should be considered in the staff analysis of these cases.
c. Application of Reinstatement Conditions to Transfer Student-Athletes. The committee discussed the application of reinstatement conditions, which can vary among divisions, to transfer student-athletes who have been involved in violations and, in some cases, had reinstatement conditions imposed on them. The committee agreed on transfer to a Division III institution, a student-athlete who was involved in a violation would be subject to Division III reinstatement standards and conditions. The committee noted reinstatement conditions across divisions are not always consistent and, in some cases, may be more significant or less significant. The committee believes if a student-athlete is involved in a violation and wishes to compete at a Division III institution, he or she should be subject to the reinstatement standards of Division III. Therefore, the committee indicated if on transfer from a Division I or II institution, a Division III institution
determines a student-athlete was involved in a violation at his or her previous institution the Division III institution should contact the former institution, gather
the facts reported and submit the case to the reinstatement staff. The reinstatement staff will assess the case in the context of Division III standards. The committee noted the review and application of Division III reinstatement standards would apply regardless if a student-athlete had been reinstated for a violation while attending a Division I or II institution, but the staff would consider any condition in assessing the appropriate penalty. The committee encourages institutions to include a question on their transfer release form regarding a student-athlete’s involvement in any NCAA violation(s). In addition, the recommendation to include a question on the student-athlete statement will assist in certification of these issues.
d. 10-Semester/15-Quarter Period of Eligibility Legislation. The committee discussed waiver cases processed in the reinstatement area involving mental health issues, alcoholism, drug addiction, eating disorders and learning disabilities. The committee noted due to the uniqueness of these areas the established documentation standards typical for physical injuries may not always be appropriate. The committee noted however, that although exceptions may be made to the documentation standard, documentation must be submitted to indicate the mental illness, depression, alcoholism, drug addiction, eating disorder or learning disability caused the student-athlete to be unable to compete in athletics. Specifically, the institution must submit documentation linking the illness or disability to the absence of competition. In addition, the committee recommended the incorporation of a policy that would allow for expert opinions in these areas to be included as part of the reinstatement record. The committee believes that the incorporation of these expert opinions will allow for the staff and committee to make the most informed decisions on these cases.
e. Repayment
Plans. The committee
reviewed a list of institutions which have had student-athletes default in
respective repayment plans. As a
result of this default, the staff may not enter into a repayment plan with the
institution for a four-year period.
The committee also reviewed and approved revised language in the letter
sent to member institutions when a repayment plan is accepted by the
staff. The revision clarifies that
in order to be eligible for competition, a student-athlete must be current with
his or her repayment plan and if a student-athlete competes while not current
with a plan, the institution has allowed an ineligible player to compete and
would need to report an additional violation of NCAA rules.
f. Educational Efforts. The committee continued to emphasize the need for continued educational efforts regarding common violations that impact eligibility and the need for Division III institutions to have participation at the NCAA Regional Rules Compliance Seminars. This continued educational effort is part of the committee’s commitment to the student-first philosophy and done with the hope that education will help change behaviors, and thus result in fewer student-athletes being ineligible. The committee requested the staff focus their educational efforts in several areas including highlighting to conference offices and athletic trainers the medical documentation standards for hardship waivers, supplementing the Division III CD-Rom Project with relevant information regarding the reinstatement process and continue to educate constituency groups (e.g., student-athletes, conference commissioners) through existing communication resources.
g. Season-of-Participation Waiver –While Eligible and Hardship Legislation. The committee reviewed season-of-participation waiver – while-eligible and hardship legislation generally and noted with regard to the processing of season-of-competition and hardship requests (appeals and independent institutions), the committee noted limited participation in and of itself is not an argument for relief; however, if extraordinary circumstances are present, the staff and committee will consider whether those circumstances warrant the granting of a waiver. The committee asked for a future report from the staff addressing the legislative history regarding the percentage limitations and that information be collected from conference offices regarding the number of hardship waivers processed during 2004-05.
h. Review of Cases Decided Under New Philosophy Resulting in a Different Outcome. The committee reviewed and approved the flexible decisions issued by the staff since the committee’s last review.
Jennifer
Strawley, Student-Athlete Reinstatement