NCAA Division I Waivers Processed by Student-Athlete Reinstatement

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NCAA Division I Waivers Processed by
Student-Athlete Reinstatement
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Overview

• General process.
• Review types of waivers processed by NCAA
  student-athlete reinstatement (SAR).
• Documentation standards.
• Case examples.
• Questions.

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General Process

• SAR staff is the initial review authority.
• One exception hardship waiver.
• Conference office initial review authority.
• NCAA Division I Committee on Student-AthleteReins
  tatement is the appropriate appellatebody.
• Committee is made up of individuals from the
  NCAA Division I membership.

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Hardship Waiver Appeals

• NCAA Division I Bylaw 14.2.4

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Hardship Waiver Appeals

• Criteria
• Incapacitating injury or illness occurs in one of
  four seasons of competition at a two-year or
  four-year collegiate institution
• Injury or illness occurs prior to the first
  competition of the second half of the playing
  season that concludes with NCAA championship
  (championship segment) and
• Injury or illness occurs when SA has not
  participated in more than three contests or
  dates of competition or 30 percent.
• See NCAA Division I Bylaw 14.2.4-(c) and
  14.2.4-(d) regarding team vs. individual sport
  distinction.

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Items to Consider

• Only a conference may appeal a denied hardship
  decision to staff (Bylaw 14.2.4.2.1)
• Include conference denial and reason(s) waiver
  was denied
• Appeals that exceed percentage are generally
  denied by staff
• Institution must demonstrate injury suffered was
  incapacitating
• SA must compete in order to receive hardship
  waiver and
• Identify any unique circumstances.

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Five-Year Rule Waiver Extension Request

• Bylaw 14.2.1.5

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Circumstances Beyond the Control vs.
Circumstances Within the Control of Institution
or Student-Athlete
WITHIN the control PO (participation opportunity) BEYOND the control DPO (denied participation opportunity)
Redshirt year. Incapacitating physical or mental circumstances suffered by SA. (Hardship Waiver)
Institution does not sponsor sport or SA chooses not to participate. Incapacitating injury or illness of SA's immediate family member. (Season-of-Competition Waiver)
Transfer year in residence or not meeting academic requirements. Extreme financial difficulties as a result of a specific event. (Season-of-Competition Waiver)
SA's lack of understanding regarding five-year clock. Natural disasters.
Misinformation by coaching staff member. Erroneous academic advice from specific academic authority.
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Items to Consider

• Participated in very few contests over
  career/multiple years DENIED EXTENSION
  REQUEST.
• Obligation is placed on institution to
  demonstrate aparticular academic year is deemed
  a denied participation opportunity.
• Granted hardship waiver when competed one
  denied participation opportunity.
• One granted hardship waiver does not equal
  grantedextension request.

Bylaw 14.2.1.5
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Season-of-Competition Waivers

• Bylaws
• 14.2.5 and 14.2.6

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Season-of-Competition Waivers

• What was the eligibility status of the SA when
  competition took place?
• Ineligible ? filing a waiver under Bylaw 14.2.5.
• Also must seek reinstatement.
• Eligible ? filing a waiver under Bylaw 14.2.6.

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Season-of-Competition Waiver Competition While
Ineligible
Two Categories
Erroneous formal declaration of eligibility by institution's appropriate certifying authority.
SA's good faith, erroneous reliance on a coaching staff member's decision to put SA into competition.
Criteria
Competition at an NCAA institution.
Competition occurred within 60 days of the date SA first reported for athletics participation.
Did not participate in more than two events or 10 percent (whichever is greater).
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Season-of-Competition Waiver Competition While
Eligible
Four Categories
Life threatening injury or illness suffered by a member of SA's immediate family. Must provide contemporaneous medical documentation.
Extreme financial difficulties. Must have a specific event. Must provide objective documentation.
Dropped sport. Timing of institution's decision. Reasonable person standard applied to SA's decision to cease competing.
Requirements for the above categories
Competition occurred prior to the completion of the first half of the championship segment.
No more than three events or 30 percent (whichever is greater) of the institution's scheduled or completed events.
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Season-of-Competition Waiver Competition While
Eligible (continued)
Four Categories
Requirements
Coach's documented misunderstanding of NCAA legislation. PENALTY Alumni contest, exhibition contest, scrimmage or nonchampionship season contest at an NCAA institution. First 20 percent of the championship segment. Two events or 10 percent (whichever is greater) of the institution's season. Two-for-one withholding condition. (Bylaw 14.2.6.2.1)
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Athletics-Activities WaiverBylaw 14.2.1.4
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Athletics-Activities Waiver

• Provides an extension to a SA's five-year clock
  for participation in specific elite training and
  competition.
• Extension is limited to one time during
  SA'scareer.
• Period of extension may not exceed more thanone
  year per SA, per sport.

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Athletics-Activities Waiver (continued)

• Documentation and other information to be
  submitted with waiver
• The specific legislative participation criteria
  met.
• Type of activity.
• Timeframe date(s) and name(s) of event(s).
• Inability of SA to participate in intercollegiate
  athletics.
• Documentation from appropriate National
  GoverningBody.
• Otherwise eligible.

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Documentation Standards(for all waivers)
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Injury or Illness Medical Documentation Standards

• Contemporaneous or other appropriate medical
  documentation, from a physician (medical
  doctor) who administered care at the time of
  injury or illness, that establishes SA's
  inability to compete as a result of injury or
  illness shall be submitted.

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Injury or Illness Medical Documentation
Standards (continued)

• Three key components
• Contemporaneous diagnosis of injury or illness.
• Acknowledgment that injury or illness is
  incapacitating.
• Establish length of incapacitation.

Bylaws 14.2.1 and 14.2.1.5
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Injury or Illness Medical Documentation Standards
(continued)
What to submit
Legislative Requirement
Contemporaneous diagnosis of injury or illness. Documentation from the time of the onset of the injury or illness. Operation or surgical report Emergency room documents and Evaluation/assessment notes from doctor's visit(s).
Injury or illness is incapacitating. Documentation from medical professional who diagnosed the original injury or illness.
Length of incapacitation. Returning to competition is not possible. Training room notes and Documentation demonstratingcontinued doctors visits.
Bylaws 14.2.1.5 and 14.2.4.3.3
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Extreme Financial Difficulties Documentation
Standards

• Specific event
• Negative financial impact and
• SA is unable to participate (i.e., timing).
• Examples of documentation
• Tax documents, including federal income tax
  returns
• Tax or property liens
• Bankruptcy fillings and
• Documentation from an employer regarding
  alayoff/downsizing.

Bylaws 14.2.1.5 and 14.2.6
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• Case Studies

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Hardship Waiver Appeal Case Study No. 1

• Conference forwarded hardship waiver for a
  football SA, denied due to competition in second
  half of season.
• SA competed in second and seventh contests out of
  12.
• While competing in second contest, SA suffered a
  shoulder injury.
• SA underwent rehabilitation and treatment and was
  cleared to return to competition for the seventh
  contest.
• SA competed in only 11 plays of the seventh
  contest before suffering a season-ending toe
  injury which required surgery.
• In total, SA competed in only two of 12 contests.

NCAA Bylaw 14.2.4
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Hardship Waiver Appeal Case Study No. 2

• Conference forwarded hardship waiver for a men's
  soccer SA, denied due to competition in second
  half of season.
• During fifth contest of the season, SA complained
  of stomach pain and could not continue in the
  contest.
• Institution's team physician diagnosed SA with
  abdominal muscle strain, prescribed meds and
  limited activity.
• SA attempted to train at practice, but could not
  compete.
• SA underwent an x-ray two weeks later, which did
  not show hernia or any significant injury.

NCAA Bylaw 14.2.4
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Hardship Waiver Appeal Case Study No. 2
(continued)

• Head coach, believing SA had already burned a
  season, and that SA's injury was not significant
  enough to warrant a hardship, played SA in 12th
  contest out of 20.
• When SA's health did not improve, he underwent
  MRI, which revealed a hernia. SA subsequently had
  surgery and was incapacitated for the remainder
  of the season.
• Team physician indicated he misdiagnosed SA's
  injury initially, and had it been diagnosed
  originally, SA would have had immediate surgery
  and been incapacitated for the remainder of the
  season.

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Extension RequestCase Study No. 1

• 2006-07 Women's basketball SA redshirted, did
  not compete.
• 2007-08 SA competed in the sport of women's
  basketball.
• 2008-09 SA competed in the sport of women's
  basketball.
• 2009-10 SA competed in the sport of women's
  basketball.
• 2010-11 SA was severely injured in an automobile
  accident caused by a drunk driver one week prior
  to first practice of her final season. SA was in
  intensive care for eight days and was cleared for
  a gradual return to athletics March 31, 2011.

NCAA Bylaw 14.2.1.5
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Extension RequestCase Study No. 2

• 2006-07 Institution No. 1 SA competed in the
  sport of softball.
• 2007-08 Institution No. 1 SA did not compete.
  SA was deemed academically ineligible for the
  2008 spring semester and subsequently left the
  softball program due to dispute with the coach.
• 2008-09 Institution No. 2 SA competed in the
  sport of softball.
• 2009-10 Institution No. 2 SA suffered a
  fractured orbital bone during a contest April 1,
  2008. SA underwent immediate surgery and remained
  incapacitated for the remainder of the season. SA
  was subsequently granted a hardship waiver by
  institution's conference office.
• 2010-11 Institution No. 2 SA competed in the
  sport of softball.

NCAA Bylaw 14.2.1.5
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Season-of-Competition Waiver Competition While
Ineligible Case Study

• Baseball SA was serving a transfer
  year-in-residence during the 2009-10 academic
  year.
• Head baseball coach allowed SA to pitch in one
  inning of alumni contest September 20.
• Baseball staff were under the impression SA would
  be able to compete in alumni contest, since the
  contest was exempted competition and not counted
  toward permissible contests for baseball.
• What are the important factors to consider here?

NCAA Bylaw 14.2.5
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Season-of-Competition Waiver Competition While
Eligible Case Study

• Walk-on men's basketball student-athlete played
  in three regular season contests during the first
  half of the season prior to his father's
  business being forced to close its door December
  12, 2010.
• As a result, SA needed to obtain employment in
  order to pay for his books, housing and other
  costs, which interfered with his ability to
  fulfill basketball obligations.
• SA, therefore, worked for the remainder of the
  2010-11 academic year.

NCAA Bylaw 14.2.6
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Season-of-Competition Waiver Competition While
Eligible Case Study (continued)

• SA's father obtained new employment while SA was
  at home the following summer.
• Institution provided documentation of SA's
  father's business closing in December 2010,
  family's lack of income during spring 2011, and
  SA's father's date of hire with his new employer.

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Questions