Status: Adopted Final
Intent: To revise the one-time transfer exception to apply to all sports, as specified.
A. Bylaws: Amend 13.1, as follows:
13.1 Contacts and Evaluations. Recruiting contacts (per Bylaw 13.02.4) and telephone calls by institutional staff members or representatives of the institution's athletics interests are subject to the provisions set forth in this bylaw. [D]
13.1.1 Contactable Individuals.
[13.1.1.1 through 13.1.1.2 unchanged.]
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 communicate or make contact with the student-athlete of another NCAA Division I institution, or any individual associated with the student-athlete (e.g., family member scholastic or nonscholastic coach, advisor), directly or indirectly, without first obtaining authorization through the notification of transfer process. Before 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. [See Bylaw 19.1.2-(f).]
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 must complete an educational module related to transferring before the institution may enter the student-athlete's information into the national transfer database. 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 or receipt of confirmation of the student-athlete's completion of the educational module, whichever occurs later. [D]
[13.1.1.3.2 through 13.1.1.3.6 unchanged.]
[13.1.2 through 13.1.10 unchanged.]
B. Bylaws: Amend 14.5.5, as follows:
14.5.5 Four-Year College Transfers. See Bylaw 13.1.1.3 for the prohibition against contacting student-athletes of another four-year collegiate institution without permission of that institution's athletics director.
14.5.5.1 General Rule. A transfer student from a four-year institution shall not be eligible for intercollegiate competition at a member institution until the student has fulfilled a residence requirement of one full academic year (two full semesters or three full quarters) at the certifying institution.
[14.5.5.1.1 through 14.5.5.1.3 unchanged.]
14.5.5.2 Exceptions for Transfers From Four-Year Colleges. A transfer student (other than one under disciplinary suspension per Bylaw 14.5.1.2) from a four-year collegiate institution is not subject to the residence requirement for intercollegiate competition, provided the student does not have an unfulfilled residence requirement at the institution from which he or she is transferring (except for the return to original institution without participation or with minimal participation exception) and any of the following exceptions is satisfied. During the student-athlete's first academic year of full-time collegiate enrollment, such conditions may serve as a basis for an exception to the residence requirement only for transfer students who, at the time of initial collegiate enrollment, met the requirements for qualifiers (set forth in Bylaw 14.3.1) in Division I.
[14.5.5.2.1 through 14.5.5.2.9 unchanged.]
14.5.5.2.10 One-Time Transfer Exception. The student transfers to the certifying institution from another four-year collegiate institution, and all of the following conditions are met (for postgraduate students, see Bylaw 14.6.1):
(a) The student is a participant in a sport other than baseball, basketball, bowl subdivision football or men's ice hockey at the institution to which the student is transferring. A participant in championship subdivision football at the institution to which the student is transferring may use this exception only if the participant transferred to the certifying institution from an institution that sponsors bowl subdivision football and has two or more seasons of competition remaining in football or the participant transfers from a Football Championship Subdivision institution that offers athletically related financial aid in football to a Football Championship Subdivision institution that does not offer athletically related financial aid in football;
(b a) The student has not transferred previously from one four-year institution unless, in the previous transfer, the student-athlete received an exception per Bylaw 14.5.5.2.6 (discontinued/nonsponsored sport exception);
(c b) At the time of transfer to the certifying institution (see Bylaw 14.5.2), the student would have been academically eligible had he or she remained at the institution from which the student transferred, except that he or she is not required to have fulfilled the necessary percentage-of-degree requirements at the previous institution; and
(d c) If the student is transferring from an NCAA or NAIA member institution, the student's previous institution shall certify in writing that it has no objection to the student being granted an exception to the transfer-residence requirement. If an institution receives a written request for a release from a student-athlete, the institution shall grant or deny the request within seven business days. If the institution fails to respond to the student-athlete's written request within seven business days, the release shall be granted by default and the institution shall provide a written release to the student-athlete The head coach of the certifying institution and the student shall certify that no athletics staff member or other representative of the institution’s athletics interest communicated or made contact with the student-athlete, or any individual associated with the student (e.g., family member, scholastic or nonscholastic coach, advisor), directly or indirectly, without first obtaining authorization through the notification of transfer process (see Bylaw 13.1.1.3).
(d) The student must provide written notification of transfer to the institution by the following dates:
(1) Fall and winter sports: May 1.
(2) Spring sports: July 1.
14.5.5.2.10.1 Hearing Opportunity. If the student's previous institution denies his or her written request for the release or enters a denial of the release in the NCAA Transfer Portal, the institution shall inform the student-athlete in writing that he or she, upon written 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 14.02.4) 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, the release shall be granted by default and the institution shall provide a written release to the student-athlete.
14.5.5.2.10.1 Exceptions to Notification of Transfer Dates -- Fall and Winter Sports. A student-athlete who participates in a fall or winter sport is not required to provide written notification of transfer prior to May 1 if either of the following occur on or before July 1 of the same academic year:
(a) The student-athlete's athletics aid is reduced, canceled or not renewed (except as permitted per Bylaws 15.3.4.2 or 15.3.5.1); or
(b) The head coach of the student-athlete's team departs or announces departure from the institution.
14.5.5.2.10.2 Application of Notification Dates to Midyear Transfers. A midyear transfer student-athlete is not required to have provided notification of transfer to the institution by the notification deadline in the previous academic year.
[14.5.5.2.11 unchanged.]
[14.5.5.3 through 14.5.5.5 unchanged.]
C. Bylaws: Amend 14.6, as follows:
14.6 Graduate Student/Postbaccalaureate Participation. A student-athlete who is enrolled in a graduate or professional school of the same institution from which he or she previously received a baccalaureate degree, a student-athlete who is enrolled and seeking a second baccalaureate or equivalent degree at the same institution, or a student-athlete who has graduated and is continuing as a full-time student at the same institution while taking course work that would lead to the equivalent of another major or degree as defined and documented by the institution, may participate in intercollegiate athletics, provided the student has eligibility remaining and such participation occurs within the applicable five-year period set forth in Bylaw 12.8 (see Bylaw 14.2.2.1.5).
14.6.1 One-Time Transfer Exception. A student-athlete who is enrolled in an institution other than the institution from which he or she previously received a baccalaureate degree and is enrolled in a graduate or professional school, is seeking a second baccalaureate or equivalent degree, or is enrolled as a full-time student while taking course work that would lead to the equivalent of a major or degree may participate in intercollegiate athletics if he or she fulfills the conditions of the one-time transfer exception set forth in Bylaw 14.5.5.2.10. and has eligibility remaining per Bylaw 12.8. A student-athlete who does not meet the one-time transfer exception due to the restrictions of Bylaw 14.5.5.2.10-(a) shall qualify for this exception, provided:
(a) The student fulfills the remaining conditions of Bylaw 14.5.5.2.10;
(b) The student has at least one season of competition remaining; and
(c) Either the student's previous institution did not renew his or her athletically related financial aid for the following academic year or did not offer athletically related financial aid in the student's sport, or the student never received athletically related financial aid as an undergraduate student.
[14.6.1.1 unchanged.]
[14.6.2 through 14.6.4 unchanged.]
Source: NCAA Division I Council (Working Group on Transfers)
Effective Date:Immediate; applicable to transfer student-athletes seeking eligibility during the 2021-22 academic year. Mandatory education related to transferring will be applicable upon its availability.
Proposal Category: Amendment
Topical Area: Academic Eligibility
Rationale: In May 2020, the Council resolved to modernize the four-year transfer eligibility legislation by establishing a uniform and equitable approach for student-athletes across all sports to qualify for a one-time transfer exception. Currently, student-athletes who participate in five sports do not qualify for the existing one-time transfer waiver exception. This proposal removes the existing sport-specific limitation and creates a mechanism for student-athletes in all sports to be eligible for competition immediately at another four-year institution, provided certain objective criteria are met. Specifically, to encourage informed transfer decisions, a student-athlete will be required to complete a mandatory educational module before a notification of transfer may be entered into the NCAA Transfer Portal. To further deter the impermissible influence by individuals from or on behalf of other institutions on a student-athlete's desire to transfer, an institution's head coach and the student-athlete will be required to certify that no contact occurred prior to the student-athlete's entry into the NCAA Transfer Portal. To provide stability and finality to those impacted by transfer decisions, the proposal includes notification of transfer dates by which a student-athlete must indicate intent to transfer in order to qualify for the proposed exception. The Working Group on Transfers has recommended that the notification of transfer date component of this proposal be voted on separately from the rest of the proposal. If the Council agrees to take separate votes, the vote on the primary concept (mandatory student-athlete education on transferring, undergraduate and postgraduate transfer exception) would occur first. Then a separate vote on whether the notification of transfer dates (May 1 and July 1) would be taken.
Division I Commitment addressed by proposal: The Commitment to Student-Athlete Well-Being.
Is the proposal consequential or nationally significant?: Yes. Legislation related to transfers is significant to the entire Division I membership.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. The need to create an equitable approach to transfer and to reduce burden associated with transfer waivers would outweigh the increased monitoring burden.
How does the proposal support student-athlete success/well-being?: This proposal would create a uniform, equitable approach to transfer eligibility in all sports.
Estimated Budget Impact: Potential decreased impact on overall budgets by allowing a student-athlete from any sport to compete without serving a year of residence.
Impact on Student-Athlete's Time (Academic and/or Athletics): Would remove the year of residence requirement for those who qualify in baseball, basketball, bowl subdivision football and men's ice hockey.
Position Statement(s):
Committee on Academics | No Formal Position | The committee continues to support the inclusion of an academic component to the proposal to better ensure transfer student-athletes are academically successful at the next institution and ultimately graduate with a four-year degree, as demonstrated by research and data. |
Women's Basketball Oversight Committee | Supports | Support is contingent upon the proposal including a transfer notification date of May 1. This is important to the sport in order to provide certainty to team rosters and to limit tampering of current student-athletes. |
Football Oversight Committee | Supports | The committee notes strong concerns about the potential impact on a school's NCAA Division I Academic Performance Rate (APR) and about the tampering the proposal may encourage. Recommends that any tampering violation be considered a Level I violation and that the Committee on Academics continue to evaluate likelihood and significance of any unintended APR impact. |
Student-Athlete Experience Committee | Supports | The committee notes continuing discussion of notification of transfer dates. |
Student-Athlete Advisory Committee | Supports | |
Men's Basketball Oversight Committee | Supports | The committee notes strong support of the May 1 notification of transfer date. |
History
Nov 13, 2020: | In Progress | |
Dec 16, 2020: | In Progress | The Council modified the proposal to specify that a midyear transfer student-athlete is not required to have provided notification of transfer to the institution by the notification deadline in the previous academic year. |
Jan 11, 2021: | Tabled | |
Apr 15, 2021: | Ready for Vote | The Council removed the proposal from the table. Proposal divided into two parts for separate votes: (1) All elements other than the notification of transfer dates; and (2) Notification of transfer dates. |
Apr 15, 2021: | Adopted by Council | Both parts adopted by the Council. |
Apr 28, 2021: | Ratified by Board | |
Apr 28, 2021: | Adopted Final |
Legislative References
Division | Number | Title |
---|---|---|
I | 13.1 | Contacts and Evaluations. |
I | 13.1.1 | Contactable Individuals. |
I | 13.1.1.3 | Four-Year College Prospective Student-Athletes. |
I | 13.1.1.3.1 | Notification of Transfer. |
I | 14.5.5 | Four-Year College Transfers. |
I | 14.5.5.1 | General Rule. |
I | 14.5.5.2 | Exceptions for Transfers From Four-Year Colleges. |
I | 14.5.5.2.10 | One-Time Transfer Exception. |
I | 14.5.5.2.10.1 | Hearing Opportunity. |
I | 14.5.5.2.10.1 | Exceptions to Notification of Transfer Dates -- Fall and Winter Sports. |
I | 14.5.5.2.10.2 | Application of Notification Dates to Midyear Transfers. |
I | 14.6 | Graduate Student/Postbaccalaureate Participation. |
I | 14.6.1 | One-Time Transfer Exception. |