HB1403 FHSAA Recruiting Violations

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2012-13 Compliance Seminar
Legislative Updates and
Revisions to the
FHSAA Handbook
Florida High School Athletic Association
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HB1403 FHSAA
Common Misperception(s) / Misconceptions
• Coaches are now allowed to recruit;
• Student eligibility will not be impacted by the
new statutory requirements
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HB1403 FHSAA
• Allowing new Association
– May not discourage participation against these
schools
– Unreasonably withhold recommendation to NFHS
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HB1403 FHSAA
• Transfer Rule
– Approval of district or private school
– Prior to deadline (beginning of sports season)
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HB1403 FHSAA
• Recruiting Violations
– Play in higher classification
– Student still eligible (unless. . .
• falsification of information or
• accepted benefit of promise or
• based in any way on athletic interest, potential, or
performance.)
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HB1403 FHSAA
• Penalties to Coaches
– Major violations – knowingly allowing ineligible
student to participate
– Sanctions assessed to and follow the individual
coach
– Coach reimburses member school for penalties
– Allowed due process
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HB1403 FHSAA
• Appeals Process
– No forfeitures for inadvertent eligibility violations
– Determination of ineligibility prior to end of sports
season
– De Novo (Latin expression meaning "from the
beginning," "afresh," "anew," "beginning again)
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How to find information
• Download the new handbook from the FHSAA website to you
computer desktop
• Open document with Adobe Reader or Adobe Acrobat
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• Each successive pressing of the “Enter” key will find subsequent
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New for 2012-13
• Colored Sections
 White Section – Bylaws
 Green Section – Administrative Policies
 Yellow Section – Administrative Procedures
• Larger font size
• Master Table of Contents for entire handbook
• Table of Contents and 2012-13 Revisions for each section
with separate listing for those through the Representative
Assembly and those through legislation
• Revisions to the Bylaws that are due to legislation are
highlighted in italics
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Revisions to Bylaw 1
(1.4 General Terms - only)
• 3 modifications to existing terms
– Administrative/School/Academic/Athletic Year
– Residence
– FHSAA Representative
• 6 new terms
– Calendar/School Week
– Guardianship
– Traditional/Non-Traditional Student
– Combination Middle School Program
• 1 due to Legislation – Major Violations
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Revisions to Bylaw 3
• 4 changes due to Legislation – Charter/Virtual
Schools
• 2 modifications to existing definitions
– Middle/Junior High Schools
– Combination Schools
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Major Change
3.2.2.3 Combination School. A “combination school” is any traditional
public school, charter school, virtual school (HB 1403), private school or
university laboratory school that provides instruction to students in both
middle/junior high school grades and/or senior high school grades (i.e. K-12,
K-8, 6-12, 7-12, etc.) under the direction of a single principal as defined in
Bylaw 1.4.25 and located on the same campus, except for 9-12 high schools
which have 9th grade centers at a separate location, with participation
and enrollment based on a single campus site. A combination school must
hold membership as a middle school if its terminal grade is grade 6 through 8,
as a junior high school if its terminal grade is grade 9, or as a senior high
school if its terminal grade is grade 10 through 12.
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Revisions to Bylaws 4, 5 & 7
• 5 modifications to existing language
– Reference to dates for Section Appeals
Meetings, Governance Elections and
Amendment submission
– Additional Responsibilities for Executive
Director
– Penalty for student unsportsmanlike conduct
• 1 change due to Legislation – Compliance
Reviews and Investigative Procedures
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Major Change
4.6.2.2 Compliance Reviews and Investigative Procedures. The Executive
Director or his/her designee is authorized to assign individuals to investigate
matters of student eligibility and/or bylaw/policy violations. The procedures
outlined in Policy 37 (Policy on Investigative Procedures), which shall be in
full compliance with Florida Statute 1006.20(2)(g), will be followed for such
investigations. Information and evidence obtained by an investigator will be
submitted to the Executive Director or his/her designee for determination of
eligibility and compliance. A determination of ineligibility or violation of
bylaws/policies must be made in writing, setting forth the findings of fact and
specific violation upon which the decision was based (HB 1403).
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Revisions to Bylaw 8
• 3 modifications to existing language relative to
Contracts
– NFHS conditions
– Club teams
– Middle/Junior High/Combination Schools
• Several changes due to Legislation relative to
Contracts with non-member schools
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Major Change
8.3.1 Eligible Contestants.
Member schools may
only engage in interscholastic contests with the
following:
(b) Non-FHSAA member Florida schools provided
an FHSAA game/contest contract (see Bylaw 8.4.1)
has been fully executed by all participating schools
(HB 1403).
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Revisions to Bylaw 9
• 6 modifications to existing language
– Change in terminology; Non-Traditional
Students
– Guardianship
– Format conformity; Alternative/Special
Schools
– Academic records of transfer students
– Limit of eligibility
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Revisions to Bylaw 9 (cont’d)
• 7 changes due to Legislation
– Falsification of information
– New sub-section relative to the eligibility of
recruited students
– Consistent language with statutes
– New sections for Non-member Private
School/FLVS-FT students
– New section relative to transfer prior to the
beginning of a sport season; new EL6 Form
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Major Change
9.1.2.2 Falsification of Information. A student and/or parent/legal guardian
appointed by a court of competent jurisdiction (HB 1403) falsifies information
to gain eligibility shall be declared ineligible to represent any member school
for a period of one year from the date of discovery.
9.1.2.3 Eligibility of Recruited Students. A student may be declared ineligible
based on violation of recruiting rules if (HB 1403):
(a) The student or parent/legal guardian appointed by a court of competent
jurisdiction has falsified any enrollment or eligibility document; or
(b) The student or parent/legal guardian appointed by a court of competent
jurisdiction accepted any benefit or any promise of benefit if such benefit is not
generally available to the school’s students or family members or is based in
any way on athletic interest, potential, or performance.
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Major Change
9.3.2.1 Transfer of Schools before a Sport Season. The student
transfers and begins attending the new school prior to the beginning
date of the sport season, as established in the FHSAA Calendar, meets
all other eligibility requirements in Article 9 and provided: (HB 1403)
(a) The transfer has been approved pursuant to district school board
policies in the case of a transfer to a public school or pursuant to the
private school policies in the case of a transfer to a private school; and
(b) A form to be provided by the association (EL6 Form – Notice of
Transfer) has been submitted to the association.
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Revisions to Bylaw 10
• 3 modifications to existing language
– New responsibility of Executive Director
– Use of ineligible student on relay team
– Cost of Appeals
• 9 changes due to Legislation
– Reimbursement of expenses
– Sanctions on Coaches
– Inadvertent use of ineligible student
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Revisions to Bylaw 10 (cont’d)
– Prospective contests
– Disposition of appeals
– Additional information
– Eligibility Appeal Process
– Clear and convincing evidence
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Major Change
10.1.2 Reimbursement of Expenses.
10.1.2.1 If a member school is assessed a financial penalty as a result of a
coach committing a major violation, the coach shall reimburse the member
school before being allowed to coach, participate in, or attend any athletic
activity sponsored, recognized, or sanctioned by the FHSAA and a member
school (HB 1403).
10.1.3 Sanctions on Coaches. Sanctions placed upon an individual coach
may include, but are not limited to, prohibiting or suspending the coach from
coaching, participating in, or attending any athletic activity sponsored,
recognized, or sanctioned by the FHSAA and the member school for which the
coach committed the violation. If a coach is sanctioned by the FHSAA and the
coach transfers to another member school, those sanctions remain in full force
and effect during the term of the sanction (HB 1403).
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Major Changes
10.2.1 General Principle. If an ineligible student is intentionally permitted to
participate in an interscholastic athletic contest, forfeiture of the game and
honors shall be automatic and mandatory. If an ineligible student is
inadvertently permitted to participate in an interscholastic athletic contest,
forfeiture of the game and honors shall be automatic and mandatory if the
coach or school administrator knew or should have known that such use
would be a violation of the association’s rules and regulations (HB 1403).
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Major Change
10.2.1.4 Prospective Contests. The association will not limit the competition
of student athletes prospectively for rule violations of the school by its coaches
or other representatives of the school’s athletic interests. The association will
not unfairly punish student athletes for eligibility or recruiting violations
perpetrated by a teammate, coach, administrator or other representatives of
the school’s athletic interests. Contests will not be forfeited for other eligibility
or recruiting violations in excess of the number of contests that the coaches or
other representatives of the school’s athletic interests responsible for the
violations are prospectively suspended (HB 1403).
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Major Change
10.5.3.1 Eligibility Appeal Process. A school or student athlete filing an
eligibility appeal is permitted to present information or evidence that was not
available at the time of the initial determination of eligibility. The appeal
committee hearing the appeal (HB 1403):
(a) may consider the new information or evidence during the appeal and
render a decision; or
(b) may suspend the determination of the appeal and remand the appeal to the
Executive Director for a new determination; and
(c) the decision on the appeal must be made in writing, setting forth the
findings of fact and the specific violation(s) upon which the decision is based.
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Changes to Policies
• Changes are listed on page 45 of the 2012-13
FHSAA Handbook
• Significant Changes
– Policy 6 – Consolidation of language
– Preseason Classics and Jamborees – everyone
– Policy 12 – Clean-up and consolidation
– End of Course Exams
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Changes to Policies (cont’d)
– Non-Traditional Students – Consolidation of
language – Register intent
– Policy 17 – Simplification of registration process
– Policy 24 – Individual instruction addressed
– Policy 35 – Boarding School language addressed
– New Policy 37 – Investigative Procedures
– New Policy 38 – Concussions
– New Policy 39 – Heat Acclimatization
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Final Notes
• Some of the changes to the Bylaws and
Policies will be addressed in the breakout
session
• Watch for upcoming Webinars
• Thank you for attending
• Best of wishes for the upcoming school year
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