Division I Legislative Relief Waivers

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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 16.8.1.2.1 (departure/return expense)
waivers.
Transfers involving misinformation/lack of
information.

Bylaw 17.2.8.3 (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
14.2.3.2.1 and 14.2.3.2.2).
 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 16.8.1.2.1 WAIVERS:
DEPARTURE/RETURN EXPENSE
RESTRICTIONS
BYLAW 16.8.1.2.1 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
14.5.5.4 (eligibility for
institutional athletically related
financial aid) and 15.3.3.1 (one-year
period).
 Analyzed
on a case-by-case basis.
 Subcommittee
is inclined to deny.
BYLAW 17.2.8.3:
VARSITY SQUAD SIZE LIMITATION
BYLAW 17.2.8.3 – 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 15.5.4.1).
BYLAW 17.2.8.3 – 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 14.2.3.2).
• 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 14.5.5.1 (general rule).

Bylaw 14.5.5.2.10 (one-time transfer exception).

Bylaw 14.5.5.4 (eligibility for institutional athletically related
aid).

What about Bylaw 14.4.3.1.2-(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.
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