DIVISION I LEGISLATIVE RELIEF WAIVERS Jen Daniels and Vanessa Fuchs Academic and Membership Affairs Staff NCAA Division I Legislative Council Subcommittee for Legislative Relief Waivers (SLR) Formal Name of Subcommittee OVERVIEW Four Focal Points. Hot Topics. Case Study. What’s New? SLR Basics. FOUR FOCAL POINTS FOCAL POINTS (1) Legislative relief staff new customer service initiatives. (2) For urgent/unforeseen circumstances, call our staff prior to submitting waiver. A phone waiver may be available (resource packet). (3) Waiver submission best practices. (4) The staff is here to help! NO. 1 - CUSTOMER SERVICE INITIATIVES E-mail confirming receipt and assignment of waiver. Initial contact from case administrator within 48 hours of assignment. Proactive communication: status updates. Handling of cases while out-of-office. Enhancements to Web site. NO. 2 - PHONE WAIVERS For unforeseen events or circumstances. Institutions may call 317/917-6003 and indicate they have a potential SLR phone waiver request. Phone waivers do not eliminate the need to file a waiver. NO. 3 – BEST PRACTICES Visit Legislative Relief Web site. Search case precedent. File waiver at the time it is discovered that a waiver is necessary. Have policies and procedures. Make sure waiver is necessary and that you are filing the appropriate waiver Call 317/917-6003 to speak with legislative relief staff member about a pending waiver. NO. 4 – ROLE OF NCAA STAFF Help institution build strongest case. Ask/explain additional questions. Resource (e.g., assist with precedent search, identifying/explaining applicable guidelines). Process case in timely manner under students-first philosophy. SLR HOT TOPICS SUMMARY OF HOT TOPICS NCAA Division I Proposal No. 2009-22. NCAA Bylaw 184.108.40.206.1 (departure/return expense) waivers. Transfers involving misinformation/lack of information. Bylaw 220.127.116.11 (varsity squad size limitation) waivers. Post-9/11 G.I. Bill and Yellow Ribbon Program. PROPOSAL NO. 2009-22 DELAYED ENROLLMENT Most common assertions: Minimal amount of competition/caliber of competition; Lack of knowledge (domestic or international); Institution discovered student-athlete (SA) is subject to the rules after enrollment; and Misinformation/lack of information. DELAYED ENROLLMENT Guidelines for most common assertions: Continue to review case-by-case; Assertions in and of themselves will not likely result in relief from the legislation. Primary analysis shall focus on the circumstances outside of the SA’s control (e.g., specific event that necessitated the delay such as a financial hardship or the death of a family member) that necessitated the individual’s delayed collegiate enrollment. INTERNATIONAL MANDATORY MILITARY April 2010 Guidelines: Mandatory military service requirement must be supported by objective documentation; The guidelines only apply to training and competition that occurs while a SA is fulfilling his or her mandatory military service requirement; and The participation may only be of an amateur nature and there can be no amateurism violations as a result of the participation (e.g., prize money, contract, professional competition). INTERNATIONAL MANDATORY MILITARY The guidelines only apply to the delayed enrollment legislation for sports other than men's ice hockey and skiing (Bylaws 18.104.22.168.1 and 22.214.171.124.2). The guidelines DO NOT apply to the 20th birthday (tennis) or the 21st birthday (men’s ice hockey and skiing) legislation. INTERNATIONAL MANDATORY MILITARY April 2010 Information Standards: Mandatory military service requirement must be supported by objective documentation [e.g., service enlistment date, service discharge date, attendance report that includes all leave time taken by the SA to practice, train and/or compete in his or her sport]; Date of high school graduation as determined by the NCAA Eligibility Center; INTERNATIONAL MANDATORY MILITARY April 2010 Information Standards (cont.): Documentation that the individual immediately enrolled as a full-time student at a collegiate institution at his or her first opportunity on being discharged from mandatory military service; and Additional documented mitigation (e.g., circumstances outside of the individual’s or institution’s control), if any, related to why relief is warranted from the tennis and swimming and diving legislation. DELAYED ENROLLMENT PROGRAMS AND BTEC SAs who become subject to the delayed enrollment legislation while enrolled in BTEC coursework: Absent other extenuating circumstances, no relief shall be provided for assertions related to BTEC coursework. Mitigation for why a SA enrolled in BTEC will be considered (e.g., student’s family moved to pursue new employment and student had to change schools). BYLAW 126.96.36.199.1 WAIVERS: DEPARTURE/RETURN EXPENSE RESTRICTIONS BYLAW 188.8.131.52.1 WAIVERS Check File interpretations! waiver prior to purchasing flights. Travel involving overall cost savings. Change in competition schedule or flight schedule after flights purchased. Phone waivers available. TRANSFERS INVOLVING MISINFORMATION/LACK OF INFORMATION MISINFORMATION/LACK OF INFORMATION: OCTOBER 1999 GUIDELINES Circumstances Warranting Possible Relief: SA relied in misinformation; good faith on academic Had correct information been provided, SA could have met the necessary transfer requirements; and But for the misinformation, he or she could have been eligible. MISINFORMATION/LACK OF INFORMATION: OCTOBER 1999 GUIDELINES (CONTINUED) Source of academic misadvisement are coaching staff members from a two-year institution, an NCAA institution or an NAIA institution: Reviewed on a case-by-case basis but subcommittee inclined to deny. SA’s initial-eligibility status consideration for 2-4 transfers. is taken into Reviewed on a case-by-case basis but subcommittee acknowledged the difference between nonqualifiers and qualifiers. NEW GUIDELINE FOR MISINFORMATION/LACK OF INFORMATION April 2010 Guidelines: Bylaws 184.108.40.206 (eligibility for institutional athletically related financial aid) and 220.127.116.11 (one-year period). Analyzed on a case-by-case basis. Subcommittee is inclined to deny. BYLAW 18.104.22.168: VARSITY SQUAD SIZE LIMITATION BYLAW 22.214.171.124 – BASEBALL SQUAD SIZE LIMITATION October 2009 Guidelines: Relief may be provided if a SA who is a counter: Suffered a season-ending, incapacitating injury or illness prior to any participation in countable athletically related practice activities. No relief will be provided if a baseball SA has participated in one or more days of countable athletically related practice activities absent other extenuating or extraordinary circumstances. Analysis under these guidelines does not apply to the baseball financial aid legislation (i.e., Bylaws 15.5.4 and 126.96.36.199). BYLAW 188.8.131.52 – INFORMATION STANDARDS Medical documentation demonstrating the incapacitating injury or illness (e.g., date of onset, prognosis, date of surgery, physician’s statement, rehabilitation plan); and Explanation of SA’s participation in all countable athletically related activities during the involved academic year (e.g., on-field practice sessions, weight training, conditioning activities, individual skill workouts). POST-9/11 G.I. BILL AND YELLOW RIBBON PROGRAM POST-9/11 G.I. BILL AND YELLOW RIBBON PROGRAM A blanket waiver for Bylaw 15.2.5 (government grants) was approved for the 2009-10 and 2010-11 academic years to permit institutions to exempt the Post-9/11 G.I. Bill funds from counting toward a SA's cost of attendance calculation (SLR Case No. 12868). POST-9/11 G.I. BILL AND YELLOW RIBBON PROGRAM Blanket waiver does not apply to the Yellow Ribbon G.I. Education Enhancement Program. The financial aid a SA receives from the Yellow Ribbon Program must count against SA’s cost of attendance calculation and, If the SA receives athletics aid, the institutional financial aid contributed towards the Yellow Ribbon Program must be counted against the maximum financial aid limit in the SA's sport (i.e., team limit). POST-9/11 G.I. BILL AND YELLOW RIBBON PROGRAM The NCAA Division I Awards, Benefits, Expenses and Financial Aid Cabinet will re-examine the Yellow Ribbon Program during its June 2010 meeting. CASE STUDY TRANSFER ASSERTING FINANCIAL HARDSHIP 2009-10: Baseball SA practiced, competed and received aid (25 percent) at an out-of-state Division I institution. November 2009: SA’s dad received a 25 percent pay cut. May 2010: SA granted permission to contact. 2010-11: SA will transfer to an in-state Division I institution and receive 50 percent of a FGIA. TRANSFER ASSERTING FINANCIAL HARDSHIP What additional information or documentation do you need to conduct your analysis? What factors would you focus on in your analysis and why? TRANSFER ASSERTING FINANCIAL HARDSHIP What was SA’s overall financial aid package at Institution No. 1? Applicant? Cost of attendance at No. 1? Applicant? Parent’s contribution at No. 1? Applicant? What was dad’s previous salary? New salary? Is the financial hardship documented? Does the family have other income? TRANSFER ASSERTING FINANCIAL HARDSHIP Does SA have responsibilities related to providing financial support for his family? What efforts did SA make to remain at No. 1? What was SA’s academic record at No. 1? Does No. 1 support waiver? TRANSFER ASSERTING FINANCIAL HARDSHIP January 2004 Guidelines: When a SA’s transfer is the result of a specific event causing a financial hardship and supporting objective documentation is provided, relief from the transfer year in residence may be considered. WHAT’S NEW? WHAT’S NEW? AMA Online. Updated Previously Approved Waivers List. Division I Incidental Expense Waivers List. AMA On Demand Video. WHERE TO GO FOR HELP! AMA staff. 317/917-6003. SLR Web site. www.ncaa.org >> legislation and governance >> eligibility and recruiting >> (Sub)Committee for Legislative Relief Waivers (SLR/CLR). LSDBi for SLR case precedent. AMA Online! RECAP (1) Legislative relief staff new customer service initiatives. (2) For urgent/unforeseen circumstances, call our staff prior to submitting waiver. A phone waiver may be available (resource packet). (3) Waiver submission best practices. (4) The staff is here to help! SLR BASICS AUTHORITY Established to provide flexibility with regard to NCAA legislation. No other specified staff or committee. May seek guidance from other committees. Cannot waive violations. 800+ waivers filed annually (Divisions I, II and III combined.) COMMON REQUESTS REVIEWED BY SLR • Recruiting (Bylaw 13). • Delayed enrollment (Bylaw 184.108.40.206). • Transfers (Bylaw 14.5). • Outside competition (Bylaw 14.7). • Financial aid (Bylaw 15). •Awards and benefits (Bylaw 16). •Playing and practice seasons (Bylaw 17). IF A WAIVER IS NECESSARY, IS SLR THE APPROPRIATE AVENUE? What specific legislation/interpretation is prohibiting the circumstances desired within the waiver? Within that legislation is there a designated group with waiver authority? IS SLR THE APPROPRIATE AVENUE? CASE STUDY NO. 1 Sarah, a qualifier in the sport of women’s basketball, signed a National Letter of Intent (NLI) and initially enrolled at a Division I institution for the 2010 fall term. She competed and received aid. Sarah’s 2010. mother was diagnosed with cancer October Sarah only passed three hours due to traveling home frequently to see her family. Sarah will transfer to another Division I institution in her hometown for the 2011 spring term and would like to participate. IS SLR THE APPROPRIATE AVENUE? CASE STUDY NO. 1 (CONTINUED) What specific legislation/interpretation is prohibiting the circumstances desired within the waiver? Within that legislation is there a designated group with waiver authority? Bylaw 220.127.116.11 (general rule). Bylaw 18.104.22.168.10 (one-time transfer exception). Bylaw 22.214.171.124 (eligibility for institutional athletically related aid). What about Bylaw 126.96.36.199.2-(a) (transfer)? Division I progress-toward-degree waiver? NLI issues? IS SLR THE APPROPRIATE AVENUE? CASE STUDY NO. 2 Mike initially enrolled for the 2005-06 academic year. One season of competition remaining after the 2009-10 academic year. Institution would like Mike to be able to use his last season of competition. IS SLR THE APPROPRIATE AVENUE? CASE STUDY NO. 2 (CONTINUED) What specific legislation/interpretation is prohibiting the circumstances desired within the waiver? Within that legislation is there a designated group with waiver authority? Bylaw 14.2.1 (five-year/10-semester rule). Bylaw 30.6.1 (five-year/10-semester rule waivers). NCAA Division I Committee on Student-Athlete Reinstatement (SAR) has authority for extension requests in Bylaw 30.6. WHAT SHOULD BE SUBMITTED? • Completed SLR waiver application. • • Buckley Statement. Cover letter with complete set of facts/chronology. • Legible copy of transcripts. • Supporting documentation submitted in writing. • Prohibitive bylaw(s) cited. • SLR case precedent (see SLR Web site to view tips for searching precedent). ANALYSIS Extenuating or extraordinary circumstances. SA well-being. Intent of legislation. Recruiting/competitive Case precedent. advantage.