NCAA LSDBi

Division I Proposal - 2017-108

RECRUITING AND INFRACTIONS PROGRAM -- CONTACTS AND EVALUATIONS -- FOUR-YEAR COLLEGE PROSPECTIVE STUDENT-ATHLETES -- NOTIFICATION OF TRANSFER

Status: Adopted Final

Intent: To replace "permission to contact" legislation related to four-year college transfer student-athletes with a "notification of transfer" model, as specified; further; to specify that a violation of the notification of transfer legislation may constitute a significant breach of conduct (Level II violation) as it relates to the NCAA infractions process.

A.    Bylaws: Amend 13.1.1.3, as follows:

13.1.1.3 Four-Year College Prospective Student-Athletes. An athletics staff member or other representative of the institution's athletics interests shall not make contact with the student-athlete of another NCAA or NAIA four-year collegiate Division I institution, directly or indirectly, without first obtaining the written permission of the first institution's athletics director (or an athletics administrator designated by the athletics director) to do so, regardless of who makes the initial contact authorization through the notification of transfer processBefore making contact, directly or indirectly, with a student-athlete of an NCAA Division II or Division III institution, or an NAIA four-year collegiate institution, an athletics staff member or other representative of the institution's athletics interests shall comply with the rule of the applicable division or the NAIA rule for making contact with a student-athlete. If permission is not granted, the second institution shall not encourage the transfer and the institution shall not provide athletically related financial assistance to the student-athlete until the student-athlete has attended the second institution for one academic year. If permission is granted to contact the student-athlete, all applicable NCAA recruiting rules apply. If an institution receives a written request from a student-athlete to permit another institution to contact the student-athlete about transferring, the institution shall grant or deny the request within seven business days (see Bylaw 13.02.1) of receipt of the request. If the institution fails to respond to the student-athlete's written request within seven business days, permission shall be granted by default and the institution shall provide written permission to the student-athlete. [See Bylaw 19.1.2-(f).] [D]

13.1.1.3.1 Notification of Transfer. A student-athlete may initiate the notification of transfer process by providing his or her institution with a written notification of transfer at any time. The student-athlete's institution shall enter his or her information into the national transfer database within two business days of receipt of a written notification of transfer from the student-athlete. [D]

13.1.1.3.12 Written Policies. An institution shall have written policies related to the process for a student-athlete to request permission to contact another institution regarding a possible transfer and the implications of such a request and a decision to a student-athlete providing written notification of transfer, including a description of services and benefits (e.g., academic support services, access to athletics facilities) that will or will not be provided to a student-athlete who requests permission to contact or indicates his or her intention to transfer upon receipt of notification. Such policies shall be published and generally available to student-athletes (e.g., student-athlete handbook, institution's website).

13.1.1.3.2 Hearing Opportunity. If the institution decides to deny a student-athlete's request to permit any other institution to contact the student-athlete about transferring, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing conducted by an institutional entity or committee outside the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and nonathletics faculty/staff members). The institution shall conduct the hearing and provide written results of the hearing to the student-athlete within 15 business days (see Bylaw 13.02.1) of receipt of the student-athlete's written request for a hearing. The student-athlete shall be provided the opportunity to actively participate (e.g., in person, via telephone) in the hearing. If the institution fails to conduct the hearing or provide the written results to the student-athlete within 15 business days, permission to contact the student-athlete shall be granted by default and the institution shall provide written permission to the student-athlete.

13.1.1.3.3 Student-Athlete Withdrawn From Four-Year College. An institution may contact a student-athlete who has withdrawn officially from a four-year collegiate institution without obtaining permission from the first institution authorization through the notification of transfer process only if at least one academic year has elapsed since the withdrawal.

13.1.1.3.3.1 Exception -- Official Religious Mission. An institution shall not contact a student-athlete who has begun service on an official religious mission without obtaining permission from the institution from which the student-athlete withdrew prior to beginning his or her mission authorization through the notification of transfer process if the student-athlete signed a National Letter of Intent (NLI) and attended the institution (with which he or she signed the NLI) as a full-time student. If such a student-athlete has completed his or her official religious mission and does not enroll full time in a collegiate institution within one calendar year of completion of the mission, an institution may contact the student-athlete without obtaining permission from the first institution authorization through the notification of transfer process. [D]

13.1.1.3.4 Transfer From Institution Placed on Probation by Committee on Infractions. It is not necessary for an institution to obtain permission in writing authorization through the notification of transfer process to recruit a student-athlete at an institution that has been placed on probation with sanctions that preclude it from competing in postseason competition during the remaining seasons of the student-athlete's eligibility. However, the student-athlete's institution must be notified of the recruitment and may establish reasonable restrictions related to the contact (e.g., no visits during class time), provided such restrictions do not preclude the opportunity for the student-athlete to discuss transfer possibilities with the other institution [see Bylaw 14.7.2-(c)]. [D]

13.1.1.3.5 Transfer From Institution Ineligible for Postseason Competition -- Academic Performance Program. On approval by the Committee on Academics, an institution may contact a student-athlete at another institution whose team is ineligible for postseason competition during the remaining seasons of the student-athlete's eligibility due to sanctions pursuant to the Academic Performance Program, without obtaining written permission from the other institution authorization through the notification of transfer process. The student-athlete's institution must be notified of the recruitment and may establish reasonable restrictions related to the contact (e.g., no visits during class time), provided such restrictions do not preclude the opportunity for the student-athlete to discuss transfer possibilities with the other institution [see Bylaw 14.7.2-(d)]. [D]

[13.1.1.3.6 unchanged.]

B.    Bylaws: Amend 19.1.2, as follows:

19.1.2 Significant Breach of Conduct (Level II Violation). A significant breach of conduct is one or more violations that provide or are intended to provide more than a minimal but less than a substantial or extensive recruiting, competitive or other advantage; include more than a minimal but less than a substantial or extensive impermissible benefit; or involve conduct that may compromise the integrity of the NCAA Collegiate Model as set forth in the constitution and bylaws. Among other examples, the following may constitute a significant breach of conduct:

[19.1.2-(a) through 19.1.2-(d) unchanged.]

(e) A violation of Bylaw 11.1.1.1 (Responsibility of Head Coach) by a head coach resulting from an underlying Level II violation by an individual within the sport program; or

(f) A violation of Bylaw 13.1.1.3 (Four-Year College Prospective Student-Athletes) as it relates to contact with a student-athlete; or

[19.1.2-(f) relettered as 19.1.2-(g), unchanged.]

Source: NCAA Division I Council (Transfer Working Group)

Effective Date:October 15, 2018

Proposal Category: Amendment

Topical Area: Recruiting

Rationale: This proposal presents a notification-based alternative to replace the existing permission to contact process and improve the recruiting environment associated with four-year college transfer student-athletes. Pursuant to a notification model, a student-athlete would be permitted to explore transfer opportunities at any other Division I institution once his or her information is available in the national transfer database. Such a system would provide more transparency for coaches and student-athletes and also provide sunshine on impermissible contact, since student-athletes and prospective coaches would not be allowed to communicate before the student-athlete's information is entered into the database. Among the most prevalent concerns is the interference and influence by individuals from other institutions on a student-athlete's desire to transfer. This type of unwanted interference is among the issues most often cited within Division I circles when the topic of transfer is discussed. Based on the significant unethical nature of such interference, the proposal would add impermissible contact to the list of behaviors that may constitute a significant breach of conduct (Level II violation). Separating access to athletics aid from a permission to contact or notification model represents a significant change in four-year transfer regulations and one that aligns with the guiding principle of establishing a least restrictive environment for student-athletes. A student-athlete's eligibility for financial aid at a new institution would be based on the general legislative requirements applicable to all student-athletes. Finally, in conjunction with this proposal, a referral has been made to the autonomy conferences to consider sponsoring and adopting legislation that would allow an institution to reduce or not renew a student-athlete's financial aid at the end of the period of award or reduce or cancel the aid during the period of the award if the student-athlete provides a notification of transfer.

Estimated Budget Impact: None.

Impact on Student-Athlete's Time (Academic and/or Athletics): None.

History

Nov 15, 2017: In Progress
Jan 17, 2018: In Progress The Council modified the proposal to specify that an institution shall enter a student-athlete’s information into the national transfer database within five business days of receipt of a written notification of transfer from the student-athlete.
Feb 8, 2018: Ready for Vote
Apr 18, 2018: Ready for Vote The Council modified the proposal to reduce, from five to two, the number of business days an institution has to enter a student-athlete’s information into the national transfer database on receipt of a written notification of transfer from the student-athlete. In addition, the Council modified the effective date from August 1, 2018 to October 15, 2018.
Jun 13, 2018: Adopted by Council
Aug 8, 2018: No Board Action
Aug 8, 2018: Adopted Final

Legislative References

Division Number Title
I 13.1.1.3 Four-Year College Prospective Student-Athletes.
I 13.1.1.3.1 Written Policies.
I 13.1.1.3.1 Notification of Transfer.
I 13.1.1.3.2 Hearing Opportunity.
I 13.1.1.3.3 Student-Athlete Withdrawn From Four-Year College.
I 13.1.1.3.3.1 Exception -- Official Religious Mission.
I 13.1.1.3.4 Transfer From Institution Placed on Probation by Committee on Infractions.
I 13.1.1.3.5 Transfer From Institution Ineligible for Postseason Competition -- Academic Performance Program.
I 19.1.2 Significant Breach of Conduct (Level II Violation).
References