DIVISION I LEGISLATIVE RELIEF WAIVERSJen Daniels and Vanessa FuchsAcademic and Membership Affairs Staff
NCAA Division I Legislative Council Subcommittee forLegislative Relief Waivers (SLR)Formal Name of Subcommittee
OVERVIEW Four Focal Points.
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 TOPICSNCAA Division I Proposal No. 2009-22.
NCAA Bylaw 18.104.22.168.1 (departure/return expense) waivers.
Transfers involving misinformation/lack of information.
Bylaw 22.214.171.124 (varsity squad size limitation) waivers.
Post-9/11 G.I. Bill and Yellow Ribbon Program.
PROPOSAL NO. 2009-22
DELAYED ENROLLMENTMost 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 ENROLLMENTGuidelines 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 SAs control (e.g., specific event that necessitated the delay such as a financial hardship or the death of a family member) that necessitated the individuals delayed collegiate enrollment.
INTERNATIONAL MANDATORY MILITARYApril 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 126.96.36.199.1 and 188.8.131.52.2).
The guidelines DO NOT apply to the 20th birthday (tennis) or the 21st birthday (mens ice hockey and skiing) legislation.
INTERNATIONAL MANDATORY MILITARYApril 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 MILITARYApril 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 individuals or institutions control), if any, related to why relief is warranted from the tennis and swimming and diving legislation.
DELAYED ENROLLMENT AND BTEC PROGRAMSSAs 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., students family moved to pursue new employment and student had to change schools).
BYLAW 184.108.40.206.1 WAIVERS:
DEPARTURE/RETURN EXPENSE RESTRICTIONS
BYLAW 220.127.116.11.1 WAIVERSCheck interpretations!
File 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 GUIDELINESCircumstances Warranting Possible Relief:SA relied in good faith on academic misinformation;Had correct information been provided, SA could have met the necessary transfer requirements; andBut 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.
SAs initial-eligibility status is taken into consideration for 2-4 transfers. 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 18.104.22.168 (eligibility for institutional athletically related financial aid) and 22.214.171.124 (one-year period).
Analyzed on a case-by-case basis.
Subcommittee is inclined to deny.
VARSITY SQUAD SIZE LIMITATION
BYLAW 126.96.36.199 BASEBALL SQUAD SIZE LIMITATIONOctober 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 188.8.131.52).
BYLAW 184.108.40.206 INFORMATION STANDARDSMedical documentation demonstrating the incapacitating injury or illness (e.g., date of onset, prognosis, date of surgery, physicians statement, rehabilitation plan); and
Explanation of SAs 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 PROGRAMA 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 PROGRAMBlanket 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 SAs 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 PROGRAMThe NCAA Division I Awards, Benefits, Expenses and Financial Aid Cabinet will re-examine the Yellow Ribbon Program during its June 2010 meeting.
TRANSFER ASSERTING FINANCIAL HARDSHIP2009-10: Baseball SA practiced, competed and received aid (25 percent) at an out-of-state Division I institution.
November 2009: SAs 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 HARDSHIPWhat 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 HARDSHIPWhat was SAs overall financial aid package at Institution No. 1? Applicant?
Cost of attendance at No. 1? Applicant?
Parents contribution at No. 1? Applicant?
What was dads previous salary? New salary?
Is the financial hardship documented?
Does the family have other income?