LEGISLATIVE RELIEF WAIVERS AND ORGANIZED COMPETITION

LEGISLATIVE RELIEF WAIVERS AND

ORGANIZED COMPETITION

NCAA Division II Committee for Legislative Relief WaiversOverview of processRecent updates to Committee for Legislative Relief guidelines

Resources

Organized CompetitionGeneral ruleDetermination of graduation dateMultitiered educational systemsMilitary service

OVERVIEW

LEGISLATIVE RELIEF WAIVERS

The 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 AUTHORITY

Help 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 STAFF

Offi cial 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 WAIVERS

Case Type(s) NCAA Staff Responsible for Processing Case Type

Division II Committee with Authority

Division II Two-Year College Transfer and Progress Toward Degree

AMA Student-Athlete Academic Waiver Team

NCAA Division II Academic Requirements Committee

Extension of Eligibility and Season of Competition

AMA Student-Athlete Reinstatement Team

NCAA Division II Committee on Student-Athlete Reinstatement

Initial Eligibility

NCAA Eligibility Center Academic Review Team

Division II Academic Requirements Committee

OTHER WAIVER TYPES

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

a) SA has not previously transferred from a four-year institution;• Exception: Discontinued/nonsponsored sport exception or loss of

regional accreditation

b) SA is in good academic standing, meeting progress toward degree and would have been academically eligible at the previous institution;

c) If transferring from a NCAA or NAIA institution, the previous institution does not object to use of the one-time transfer exception;

d) 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; and 2.000 GPA in those credits.

Bylaw 14.5.5.3.9

ONE-TIME TRANSFER EXCEPTION

Academic Requirements Committee

Bylaw 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 Relief

Bylaw 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 AUTHORITY

COMMITTEE FOR LEGISLATIVE RELIEF

WAIVER PROCESS

Institution gathers necessary

information (e.g., statements,

documentation, Buckley Statement).

Institution submits request through Requests/Self-Reports Online

(RSRO).

Staff member is assigned the case

within two business days of submission.

Staff member completes initial review within five business days of

assignment.

Staff requests additional

information (if needed).

Staff provides decision to institution.

If denied, institution may file an appeal or reconsideration request within 30

days of the original decision.

Committee for Legislative Relief

reviews the appeal on the weekly

teleconference.

Committee for Legislative Relief decision is final.

COMMITTEE FOR LEGISLATIVE RELIEF WAIVER PROCESS

Review 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 ANALYSIS

After 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 PROCESS

For 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 fi rst available staff member will return the call.

Phone waivers still require a legislative relief waiver to be submitted through RSRO.

PHONE WAIVERS

Committee 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 fi le a legislative relief waiver if the situation matches a previously approved situation; however, check with your conference offi ce on reporting policy.

INCIDENTAL EXPENSE WAIVERS

COMMITTEE FOR LEGISLATIVE RELIEF

GUIDELINES

Division 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 GUIDELINES

At the March 2015 meeting, Committee for Legislative Relief made changes to four guidelines, eff ective 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 UPDATES

Relief 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 THRESHOLDS

Removed 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-athlete’s control.Coach’s decision due to playing time or budget constraints.×Violation of team or institutional policy or initiating the

request to transfer.

ASSERTIONS OF “RUN-OFF”

Added 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-athlete’s 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 parent’s expected financial contribution? Is certifying institution offering aid?

ASSERTIONS OF FINANCIAL HARDSHIP

Removed 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 affi rmed its restrictive guidance on waivers for academic or athletics reasons.

ASSERTIONS OF ACADEMIC/ATHLETICS REASONS

BEST PRACTICES AND RESOURCES

Review 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 HINTS

Committee for Legislative Relief guidelines: Legislative Relief Waiver page on ncaa.org ncaa.org >> Compliance >> Waivers >> Legislative Relief http://

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.org Overview of common scenarios and the correct case type.

Phone waivers or general questions: 317-917-6144.

RESOURCES

http://www.ncaa.org/compliance/waivers/legislative-relief-waivers?division=d2




ORGANIZED COMPETITION

BEFORE INITIAL COLLEGIATE

ENROLLMENT

PSA graduates on time from high school.

PSA has one-year grace period.

PSA initially enrolls at a collegiate institution.

PSA ceases participation in

organized competition.

IN A PERFECT WORLD…

Common issues with organized competition:1. PSA does not graduate in the

expected timeframe; 2. PSA participates in organized

competition after the one-year grace period; and/or

3. PSA’s home country has a mandatory military requirement.

BUT WE KNOW THE WORLD ISN’T PERFECT!

The graduation date is determined by the Eligibility Center staff.

Based on the PSA’s enrollment in ninth grade (or the international equivalent).

Graduation date for international SAs is based on the NCAA Guide to International Academic Standards for Athletics Eligibility. Accessible on ncaapublications.com.

Bylaw 14.2.4.2.1.1

HIGH SCHOOL GRADUATION DATE

What if the PSA graduates early? PSA becomes a member of that class and the date

of graduation for the PSA is the expected date of that class.

What if the PSA graduates late? Depends. Was the PSA required to repeat an entire year of

high school? If so, PSA becomes a member of that class and the

date of graduation for the PSA is the expected date of that class.

Bylaws 14.2.4.2.1.1.1 and 14.2.4.2.1.1.2

HIGH SCHOOL GRADUATION DATE, CONT’D

PSA is charged with the use of one season of competition for each 12-month period after the one-year grace period in which PSA participates in organized competition.

If PSA is charged with the use of a season of competition, PSA must also serve an academic year in residence before competing at a Division II institution.

PARTICIPATION AFTER ONE-YEAR GRACE PERIOD

Example #1• PSA’s expected and actual date of high school graduation.

June 2011

• PSA’s one-year grace period.

June 2011 - August

2012

• PSA participated in 20 basketball contests.2012-13


Example #2

• PSA’s expected and actual date of high school graduation.

June 2011

• PSA’s one-year grace period.

June 2011 - August

2012

• PSA did not participate in organized competition.

2012-13


PARTICIPATION AFTER ONE-YEAR GRACE PERIOD, CONT’D

OUTCOME: CHARGED TWO SEASONS AND MUST SERVE YEAR IN RESIDENCE.

OUTCOME: CHARGED ONE SEASON AND MUST SERVE YEAR IN RESIDENCE.

MULTITIERED EDUCATIONAL

SYSTEMS

Multitiered educational systems require a student to complete one level before moving on to the next.

Ministry of education in each country defi nes the prescribed amount of time for completion of each level.

Countries such as the United Kingdom, the University of Cambridge international exam program, New Zealand, Quebec, Canada, Scotland, the Caribbean exam countries and British patterned Africa have multitiered educational systems.

Offi cial Interpretation [Reference: 6/30/11, Item No. 1]

MULTITIERED EDUCATIONAL SYSTEMS

(1) Prospective SA completes secondary school in the timeframe prescribed by the country's ministry of education.

Graduation date advances to the date PSA’s class completes each tier.

PSA must complete the tier within prescribed timeframe determined by the country’s ministry of education.


HIGH SCHOOL GRADUATION DATE IN A MULTITIERED EDUCATIONAL

SYSTEM

Frank is a golf PSA from the United Kingdom.

June 2012: Earns General Certificate of Secondary Education (GCSE).

2012-13, 2013-14 academic years: Enrolls in a General Certificate of Education (GCE), A-Level program.

June 2014: Passes two GCE A-Level examinations.

CASE STUDY - FRANK

What is Frank’s graduation date?

Frank’s graduation date is advanced from June 2012 to June 2014.

What is Frank’s grace period?

Grace period is June 2014-August 2015*. *Exact date determined by certifying institution’s first date of

classes.

CASE STUDY - FRANK

(2) Prospective SA delays completion of secondary school tier.

PSA is expected to enroll in the next tier immediately.

Graduation date is based on when the PSA’s class completes the tier, not when the PSA completes the tier.



SYSTEM

Wes is a track PSA from Jamaica.

June 2011: Earns the Caribbean Examination Council (CXC) Secondary Education Certificate (CSEC).

2011-12: Works at the family business.

2012-13 and 2013-14 academic years: Enrolls in a CXC Advanced Proficiency Examination (CAPE) program.

June 2014: Passes two CAPE examinations.

CASE STUDY- WES

What is Wes’ graduation date?

Wes’ graduation date is advanced to June 2013. Wes’ class would be expected to pass two CAPE examinations

within two years of earning the CSEC.

What is Wes’ grace period?

Grace period is June 2013-June 2014*. *Exact date determined by certifying institution’s first date of

classes.

CASE STUDY - WES

(3) Prospective SA attempts but does not successfully complete secondary school tier.

PSA’s graduation date will remain the date the PSA’s class completed the previous tier.



SYSTEM

Annalise is a softball PSA from Quebec, Canada.

June 2012: Earns the Diplôme d'Études Secondaires (DES).

2012-13 and 2013-14 academic years: Enrolls in a Diplôme d'Études Collegiales (DEC) program at a College d’Enseignement Général et Professional (CEGEP).

Annalise did not complete the program.

Fall 2014: Enrolls at a Division II institution.

CASE STUDY - ANNALISE

What is Annalise’s graduation date?

Annalise’s graduation date remains June 2012.

What is Annalise’s grace period?

Grace period is June 2012-August 2013*. *Exact date determined by certifying institution’s first date of

classes.

CASE STUDY - ANNALISE

MILITARY SERVICE

Participation while on active duty in United States or Canadian Armed Services is exempt from organized competition legislation.

Participation does not need to be organized by the military.

Bylaw 14.2.4.2.2.1 and NCAA Division II Proposal Nos. NC-2015-7 and NC-2015-

12

MILITARY SERVICE – UNITED STATES AND CANADA

PSAs with mandatory military service are most commonly seen from Israel, but a number of countries have a mandatory military requirement.

Requires a Committee for Legislative Relief waiver. PSA must enlist at first opportunity after high school; Cannot participate in outside competition after discharge;

and Must enroll at a collegiate institution at first opportunity.

If PSA was granted exceptional or elite athlete status in the military, relief cannot be provided for the year in residence.

March 2014 Committee for Legislative Relief Guidelines forAssertions of Mandatory Military Service

MANDATORY MILITARY SERVICE

QUESTIONS?

Documents

LEGISLATIVE RELIEF WAIVERS AND ORGANIZED COMPETITION