NCAA LSDBi

Division I Proposal - 2018-41

ATHLETICS ELIGIBILITY -- SEASONS OF COMPETITION -- HARDSHIP WAIVER -- ELIMINATE FIRST HALF OF SEASON REQUIREMENT

Status: Defeated Final

Intent: To eliminate the hardship waiver requirement that an injury or illness must occur prior to the first competition of the second half of the playing season that concludes with the NCAA championship, as specified.

Bylaws: Amend 12.8, as follows:

12.8 Seasons of Competition: Five-Year Rule. A student-athlete shall not engage in more than four seasons of intercollegiate competition in any one sport (see Bylaws 12.02.6 and 14.3.3). An institution shall not permit a student-athlete to represent it in intercollegiate competition unless the individual completes all of his or her seasons of participation in all sports within the time periods specified below:

[12.8.1 through 12.8.3 unchanged.]

12.8.4 Hardship Waiver. A student-athlete may be granted an additional year of competition by the conference or the Committee on Student-Athlete Reinstatement for reasons of "hardship." Hardship is defined as an incapacity resulting from an injury or illness that has occurred under all of the following conditions:

(a) The incapacitating injury or illness occurs in one of the four seasons of intercollegiate competition at any two-year or four-year collegiate institutions or occurs after the first day of classes in the student-athlete's senior year in high school;

(b) The injury or illness occurs prior to the first competition of the second half of the playing season that concludes with the NCAA championship in that sport (see Bylaw 12.8.4.2.4) and results in incapacity to compete for the remainder of that playing season;

(c) In team sports, the injury or illness occurs when the student-athlete has not participated in more than three contests or dates of competition (whichever is applicable to that sport) or 30 percent (whichever number is greater) of the institution's scheduled or completed contests or dates of competition in his or her sport. Only scheduled or completed competition against outside participants during the playing season that concludes with the NCAA championship, or, if so designated, during the official NCAA championship playing season in that sport (e.g., spring baseball, fall soccer), shall be countable under this limitation in calculating both the number of contests or dates of competition in which the student-athlete has participated and the number of scheduled or completed contests or dates of competition during that season in the sport. Dates of competition that are exempted (e.g., alumni contests, foreign team in the United States) from the maximum permissible number of contests or dates of competition shall count toward the number of contests or dates in which the student-athlete has participated and the number of scheduled or completed contests or dates of competition in the season, except for scrimmages and exhibition contests that are specifically identified as such in the sport's Bylaw 17 playing and practice season regulations. Scrimmages and exhibition contests that are not exempted from the maximum permissible number of contests or dates of competition may be excluded from the calculation only if they are identified as such in the sport's Bylaw 17 playing and practice season regulations; and

(d) In individual sports, the injury or illness occurs when the student-athlete has not participated in more than three dates of competition or 30 percent (whichever number is greater) of the maximum permissible number of dates of competition as set forth in Bylaw 17 plus one date for a conference championship (e.g., gymnastics: 13+1=14, wrestling: 16+1=17), regardless of whether the team participates in the conference championship, provided the institution is a member of a conference and the conference holds a championship event in the applicable sport. Dates of competition that are exempted per Bylaw 17 (e.g., alumni contests, foreign team in the United States) from the maximum permissible number of dates of competition do not count toward the number of dates in which the student-athlete has participated.

[12.8.4.1 through 12.8.4.2 unchanged.]

12.8.4.2.4 First-Half-of-Season Calculation.

12.8.4.2.4.1 Team Sports. In team sports, the first half of the season is measured by the number of scheduled contests or dates of competition not exceeding the maximum limitations in each sport as set forth in Bylaw 17 as set prior to the first scheduled contest or date of competition of the designated official NCAA championship playing season in the applicable sport or the number of completed contests or dates of competition. In determining if an injury or illness occurs prior to the first competition of the second half of the season that concludes with the NCAA championship in a sport with an odd number of scheduled or completed contests or dates of competition, the injury or illness must have occurred prior to the beginning of the scheduled or completed varsity contest or date of competition that starts the second half of the season that concludes with the NCAA championship (e.g., an injury or illness occurring at any time after the beginning of the scheduled sixth game of an 11-game schedule would be considered to be after the first half of the institution's season and would not qualify the student-athlete for a hardship waiver).

12.8.4.2.4.1.1 Contests or Dates of Competition Based on Championship Selection. In sports in which the playing season may be divided into two segments, but championship selection is based on competition throughout the season (e.g., ice hockey), the first half of the season shall be measured by the institution's number of scheduled or completed varsity contests or dates of competition for the entire season (e.g., nonchampionship and championship segments). In sports in which the playing season may be divided into two segments, but championship selection is based on competition during only one segment of the season (e.g., spring baseball, fall soccer), the first half of the season shall be measured by the institution's number of scheduled or completed varsity contests or dates of competition for only the championship segment.

12.8.4.2.4.2 Individual Sports. In individual sports, the first half of the season calculation is based on the number of days in the season that concludes with the NCAA championship, as declared by the institution, between the first date of competition used by any individual on the team and the last date of competition used by any individual on the team at the end of the declared playing season, including a conference championship and any regular-season competition scheduled after the conference championship (e.g., "last chance" meet). Any break in the declared season shall not be counted (e.g., institutional vacation period in which no practice or competition occurs). The total number of days in the championship season shall be divided by two in order to determine the first half of the season. A fractional portion of a day shall be rounded up to the next whole number.

12.8.4.2.4.2.1 Championship Selection Based on Entire Season. In sports in which the playing season may be divided into two segments, but championship selection is based on competition throughout the season (e.g., golf, tennis), the first half of the season is based on the number of days in the entire season (e.g., nonchampionship and championship segments), as declared by the institution between the first date of competition used by any individual on the team and the last date of competition used by any individual on the team at the end of the declared playing season, including a conference championship and any regular-season competition scheduled after the conference championship (e.g., "last chance" meet).

12.8.4.2.5 Reinjury in Second Half of Season. A student-athlete who suffers an injury in the first half of the season that concludes with the NCAA championship or who suffers an injury after the first day of classes in his or her senior year of high school, attempts to return to competition during the second half of that season and then is unable to participate further as a result of aggravating the original injury does not qualify for the hardship waiver.

[12.8.4.2.6 through 12.8.4.2.8 renumbered as 12.8.4.2.4 through 12.8.4.2.6, unchanged.]

[12.8.5 unchanged.]

12.8.6 Season-of-Competition Waiver -- Competition While Eligible. A student-athlete may be granted an additional season of competition by the Committee on Student-Athlete Reinstatement in a case in which the student-athlete participated in a limited amount of competition while eligible due to a coach's documented misunderstanding of the legislation or other extenuating circumstances. In cases in which a student-athlete does not meet the criteria of this waiver, the Committee on Student-Athlete Reinstatement shall have authority to review and grant a waiver based on additional documented extenuating circumstances.

[12.8.6.1 through 12.8.6.2 unchanged.]

12.8.6.2.1 First Half of the Season and Percent Calculation. The requirements specified in Bylaw 12.8.4.2.6 shall apply to the percent calculation specified in this waiver.

[12.8.6.3 unchanged.]

12.8.6.3.1 Conditions of Competition. The competition must have occurred under all of the following conditions:

(a) The competition occurred prior to the completion of the first half of the championship segment of the institution's declared playing and practice season; and

(b) The student-athlete did not compete in more than three events or 30 percent (whichever number is greater) of the institution's scheduled or completed events in his or her sport. All competition (including a scrimmage) against outside participants shall be countable under this limitation in calculating both the number of events in which the student-athlete participated and the number of scheduled or completed events during that season (both segments) in the sport.

12.8.6.3.1.1 First-Half-of-Season Calculation.

12.8.6.3.1.1.1 Team Sports. In team sports, the first half of the season is measured by the number of scheduled contests or dates of competition not exceeding the maximum limitations in each sport as set forth in Bylaw 17 as set prior to the first scheduled contest or date of competition of the designated official NCAA championship playing season in the applicable sport or the number of completed contests or dates of competition. In determining if competition occurs prior to the completion of the first half of the championship segment of the institution's declared playing and practice season in a sport with an odd number of scheduled or completed contests or dates of competition, competition must have occurred prior to the beginning of the scheduled or completed varsity contest or date of competition that starts the second half of the season that concludes with the NCAA championship (e.g., a circumstance occurring at any time after the beginning of the scheduled sixth game of an 11-game schedule would be considered to be after the first half of the institution's season and would not qualify).

12.8.6.3.1.1.1.1 Contests or Dates of Competition Based on Championship Selection. In sports in which the playing season may be divided into two segments, but championship selection is based on competition throughout the season (e.g., ice hockey), the first half of the season shall be measured by the institution's number of scheduled or completed varsity contests or dates of competition for the entire season (e.g., nonchampionship and championship segments). In sports in which the playing season may be divided into two segments, but championship selection is based on competition during only one segment of the season (e.g., spring baseball, fall soccer), the first half of the season shall be measured by the institution's number of scheduled or completed varsity contests or dates of competition for only the championship segment.

12.8.6.3.1.1.2 Individual Sports. In individual sports, the first half of the season calculation is based on the number of days in the season that concludes with the NCAA championship, as declared by the institution, between the first date of competition used by any individual on the team and the last date of competition used by any individual on the team at the end of the declared playing season, including a conference championship and any regular-season competition scheduled after the conference championship (e.g., "last chance" meet). Any break in the declared season shall not be counted (e.g., institutional vacation period in which no practice or competition occurs). The total number of days in the championship season shall be divided by two in order to determine the first half of the season. A fractional portion of a day shall be rounded up to the next whole number.

12.8.6.3.1.1.2.1 Championship Selection Based on Entire Season. In sports in which the playing season may be divided into two segments, but championship selection is based on competition throughout the season (e.g., golf, tennis), the first half of the season is based on the number of days in the entire season (e.g., nonchampionship and championship segments), as declared by the institution between the first date of competition used by any individual on the team and the last date of competition used by any individual on the team at the end of the declared playing season, including a conference championship and any regular-season competition scheduled after the conference championship (e.g., "last chance" meet).

[12.8.6.3.1.1 renumbered as 12.8.6.3.1.2, unchanged.]

Source: Mid-American Conference

Effective Date:August 1, 2019, for any incapacitating injury or illness, or other extenuating circumstance occurring on or after August 1, 2019.

Proposal Category: Amendment

Topical Area: Athletics Eligibility

Rationale: Pursuant to the current hardship waiver legislation, if an incapacitating injury or illness occurs during the second half of the playing season, the student-athlete does not qualify for a waiver. This proposal, in the interest of student-athlete well-being, would provide the opportunity for a student-athlete to receive a hardship waiver for an incapacitating injury or illness that occurs during the playing season; however, a student-athlete must meet the other legislated requirements (i.e., participation limit and medical documentation standard). This proposal recognizes that increased flexibility is warranted in the hardship waiver legislation based on the fact that football student-athletes are now permitted to compete in up to four contests at any point during the playing season without being charged a season of competition. Currently, the details of first-half-of-season calculation resides in the hardship waiver legislation but also applies to season-of-competition waivers. While removing the first-half-of-season calculation legislation from hardship waiver, this proposal would move the details of the calculation to the legislation governing the season-of-competition waivers.

Estimated Budget Impact: None.

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

Position Statement(s):

Men's Basketball Oversight Committee Recommends referral to appropriate governance committee.
Committee on Competitive Safeguards and Medical Aspects of Sports Recommends proposals be tabled, noting the need for review of the seasons of competition impact.
Committee on Academics
Women's Basketball Oversight Committee
Supports
Football Oversight Committee No Formal Position Committee notes the limited impact on football due to the adoption of 2017-17. Recommends additional review to assess the impact on other sports.
Student-Athlete Experience Committee Opposes Committee does not believe that an incapacitating injury during the last contest can be considered incapacitated for the entire season. Committee supports conversation regarding the use of season of competition.
NCAA Division I Student-Athlete Advisory Committee Supports
Committee on Academics No Formal Position Committee notes the proposal should be considered separately from the recent football legislative change (Proposal No. 2017-17).
Legislative Committee Recommends tabling and including the concept as part of the broader review of season of competition legislation.

History

Aug 29, 2018: Submitted to National Office
Sep 28, 2018: In Progress
Feb 7, 2019: Ready for Vote
Apr 19, 2019: Tabled
Apr 19, 2020: Defeated Final Defeated based on the application of the sunset provision.

Legislative References

Division Number Title
I 12.8 Seasons of Competition: Five-Year Rule.
I 12.8.4 Hardship Waiver.
I 12.8.4.2.4 First-Half-of-Season Calculation.
I 12.8.4.2.4.1 Team Sports.
I 12.8.4.2.4.1.1 Contests or Dates of Competition Based on Championship Selection.
I 12.8.4.2.4.2 Individual Sports.
I 12.8.4.2.4.2.1 Championship Selection Based on Entire Season.
I 12.8.4.2.5 Reinjury in Second Half of Season.
I 12.8.6 Season-of-Competition Waiver -- Competition While Eligible.
I 12.8.6.2.1 Percent Calculation.
I 12.8.6.3.1 Conditions of Competition.
References