LEGISLATIVE RELIEF WAIVERS AND ORGANIZED COMPETITION

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Amateurism and Organized Competition

Legislative relief waivers and Organized CompetitionNCAA Division II Committee for Legislative Relief WaiversOverview of processRecent updates to Committee for Legislative Relief guidelinesResources

Organized CompetitionGeneral ruleDetermination of graduation dateMultitiered educational systemsMilitary service

OverviewLegislative relief waiversThe Division II Committee for Legislative Relief has waiver authority for any situation in which no other committee, subcommittee or conference has the authority to act.

Committee for Legislative Relief waivers are proactive waivers. A violation cannot be waived through a Committee for Legislative Relief waiver. Committee for Legislative Relief authorityHelp institution build strongest case.

Ask/explain additional questions.

Resources (e.g., assist with precedent search, identifying/explaining applicable Committee for Legislative Relief guidelines).

Process case in timely manner.

Role of NCAA StaffOfficial visits (NCAA Bylaw 13.6).

Organized competition before initial collegiate enrollment (Bylaw 14.2.4.2).

4-4 transfers (Bylaw 14.5).

Eligibility for financial aid (Bylaw 15.01.5).

Retroactive financial aid (Bylaw 15.5.2.1).

48-hour/36-hour departure/return expenses (Bylaw 16.8.1.2.1).Common legislative relief waiversCase Type(s)NCAA Staff Responsible for Processing Case TypeDivision II Committee with AuthorityDivision II Two-Year College Transfer and Progress Toward DegreeAMA Student-Athlete Academic Waiver TeamNCAA Division II Academic Requirements CommitteeExtension of Eligibility and Season of CompetitionAMA Student-Athlete Reinstatement TeamNCAA Division II Committee on Student-Athlete ReinstatementInitial Eligibility NCAA Eligibility Center Academic Review TeamDivision II Academic Requirements Committee

Other waiver TypesIn order to qualify to use the one-time transfer exception, a student-athlete must meet the following requirements:

SA has not previously transferred from a four-year institution;Exception: Discontinued/nonsponsored sport exception or loss of regional accreditationSA is in good academic standing, meeting progress toward degree and would have been academically eligible at the previous institution;If transferring from a NCAA or NAIA institution, the previous institution does not object to use of the one-time transfer exception;If transferring with one season of competition or two semesters/three quarters of fewer remaining:Average of 12-credit hours of transferrable degree credit for each full-time term attended; and2.000 GPA in those credits.Bylaw 14.5.5.3.9 One-time transfer exceptionAcademic Requirements CommitteeBylaw 14.5.5.3.9-(b)Good academic standing.Progress-toward-degree requirements (including non-NCAA institutions).Not academically eligible to return to previous.

Bylaw 14.5.5.3.9-(d)Average of 12-credit hour requirement.Committee for Legislative ReliefBylaw 14.5.5.3.9-(c)Previous institution objects to use of the one-time transfer exception.

All 4-4-4 transfer requests, regardless of academic deficiencies.One-time transfer exception waiver authorityCommittee for Legislative Relief waiver processCommittee for Legislative Relief Waiver processReview applicable Committee for Legislative Relief guidelines and case precedent.

Consider the following:Student-athlete well-being. Not just the student-athlete in the case, but all Division II student-athletes.Intent of the legislation the institution is requesting to be waived.Potential recruiting/competitive advantage.Staff analysisAfter a decision is reached, a case can be reconsidered if new information becomes available that was not available at the time the waiver was submitted.

Request must be made within 30 days of receiving original decision.

Provide a statement detailing why the new information was not originally available.

If staff denies the request for the case to be reconsidered, institution may appeal to chair of Committee for Legislative Relief.Reconsideration processFor unforeseen circumstances impacting student-athlete well-being, including:Deaths.Severe or life-threatening injuries or illnesses.Inclement weather.

Call 317-917-6144 and leave a detailed description of the emergency and need for relief. The first available staff member will return the call.

Phone waivers still require a legislative relief waiver to be submitted through RSRO.Phone waiversCommittee for Legislative Relief has published a list of previously approved incidental expense waivers.

Incidental expense waivers apply only to student-athletes, not prospective student-athletes.

Examples:Transportation expenses for an international student-athlete to return home to renew his or her visa.Transportation expenses for student-athletes to attend the funeral of a former teammate, a former coach, the team's head coach or the institution's senior woman administrator's father.

No need to file a legislative relief waiver if the situation matches a previously approved situation; however, check with your conference office on reporting policy.Incidental expense waiversCommittee for Legislative Relief guidelinesDivision II Committee for Legislative Relief guidelines are available on ncaa.org.

Guidelines, information standards and directives are provided by Committee for Legislative Relief to the staff to assist in processing of cases.

Generally, if a case does not meet guidelines, staff cannot approve. The committee has more flexibility to approve cases outside of the guidelines.

Committee for Legislative Relief GuidelinesAt the March 2015 meeting, Committee for Legislative Relief made changes to four guidelines, effective for the 2015-16 academic year:

Organized competition minimal competition thresholds;

Transfers with assertions of run-off;

Transfers with assertions of financial hardship; and

Transfers with assertions of academic/athletics reasons.

Recent updatesRelief is granted if a PSA participates in no more than two contests/dates of competition or 10 percent or less of the Bylaw 17 maximum in the sport, whichever is greater.

Committee for Legislative Relief amended the 10 percent calculations and rounded all sports up to the next number.Example: Football Bylaw 17 maximum = 11.10% = 1.1.Previous guideline = 1 contest.Current guideline, for all certifications on or after April 1, 2015 = 2 contests.

Creates consistency with calculations for hardship waivers and drug test penalties.Organized competition minimal competition thresholdsRemoved the nonrenewal of athletics aid as a circumstance that warrants relief under the run-off guideline.

Previous institution must provide written confirmation that the student-athlete would not have had the opportunity to return to the team.

Circumstances must have been outside the student-athletes control.Coachs decision due to playing time or budget constraints.Violation of team or institutional policy or initiating the request to transfer.assertions of run-offAdded the reduction or nonrenewal of athletics aid as a circumstance that can be considered as an event causing a financial hardship.

Reduction or nonrenewal of athletics aid must be outside of the student-athletes control.

Must demonstrate how the reduction or nonrenewal of athletics aid has caused a financial hardship and that the transfer has resolved the hardship.What is the parents expected financial contribution?Is certifying institution offering aid?

assertions of financial hardshipRemoved the information standards from the current guideline.

The previous information standards outlined the necessary documentation for a student-athlete who transfers due to a discontinued academic program at the previous institution.Bylaw 14.5.5.3.3 (discontinued academic program exception) permits institutions to apply the exception without the need for a waiver.

Committee affirmed its restrictive guidance on waivers for academic or athletics reasons. assertions of academic/athletics reasonsBest practices and resourcesReview applicable Committee for Legislative Relief guidelines prior to submission.Submit all information required by the applicable guideline.

Identify similar case precedent.

Buckley Statement signed by the student-athlete must be generated through RSRO.Staff will not accept a Buckley Statement signed at the beginning of the academic year.Institutional staff member can sign on behalf of a PSA, provided the case does not include any academic information (e.g., transcripts).

Provide accurate contact information.Helpful hintsCommittee for Legislative Relief guidelines: Legislative Relief Waiver page on ncaa.orgncaa.org >> Compliance >> Waivers >> Legislative Reliefhttp://www.ncaa.org/compliance/waivers/legislative-relief-waivers?division=d2

Precedent: RSRO.All active Committee for Legislative Relief precedent is housed in RSRO. Cases are archived after three years, so precedent in LSDBi is not used by NCAA staff.

Waiver tip sheet: Division II Compliance page on ncaa.orgOverview of common scenarios and the correct case type.

Phone waivers or general questions: 317-917-6144.resourcesOrganized Competition before initial collegiate enrollmentIn a perfect worldCommon issues with organized competition:PSA does not graduate in the expected timeframe; PSA participates in organized competition after the one-year grace period; and/orPSAs home country has a mandatory military requirement.But we know the world isnt perfect!The graduation date is determined by the Eligibility Center staff.

Based on the PSAs enrollment in ninth grade (or the international equivalent).

Graduation date fo