NCAA LSDBi

Division II Proposal - 2022-3

VARIOUS BYLAWS -- SICKLE CELL SOLUBILITY TEST -- ELIMINATION OF WRITTEN RELEASE

Convention Year: 2022

Date Submitted: April 14, 2021

Status: Adopted Final

Effective Date: August 1, 2022

Official Notice Number: 2022-3

Source: NCAA Division II Presidents Council [Management Council (Administrative Committee)].

Proposal Category: Presidents Council

Topical Area:

Intent: To eliminate the option for an individual (e.g., prospective student-athlete, student-athlete) to sign a written release or waiver declining the sickle cell solubility test, as specified.

A.    Bylaws: Amend 13.11, as follows:

[Division II, Roll Call]

13.11 Tryouts.

[13.11.1 unchanged.]

13.11.2 Permissible Activities.

13.11.2.1 Tryouts. A member institution may conduct a tryout of a prospective student-athlete only on its campus or at a site at which it normally conducts practice or competition beginning June 15 immediately preceding the prospective student-athlete's junior year in high school and only under the following conditions (see Bylaw 17.02.15 for tryouts of currently enrolled students):

[13.11.2.1-(a) through 13.11.2.1-(b) unchanged.]

(c) Prior to participation in a tryout, a prospective student-athlete is required to undergo a medical examination or evaluation administered or supervised by a physician (e.g., family physician, team physician). A nurse practitioner whose state medical licensure allows for health care practice independent of physician supervision may complete the medical examination without supervision by a physician. The examination or evaluation shall include a sickle cell solubility test (SST), unless documented results of a prior test are provided to the institution or the prospective student-athlete declines the test and signs a written release. The examination or evaluation must be administered within six months prior to participation in the tryout. The medical examination or evaluation may be conducted by an institution's regular team physician or other designated physician as a part of the tryout;

[13.11.2.1-(c)-(1) unchanged.]

[13.11.2.1-(d) through 13.11.2.1-(g) unchanged.]

[13.11.2.2 through 13.11.2.6 unchanged.]

[13.11.3 unchanged.]

B.    Bylaws: Amend 17.02.15, as follows:

[Division II, Roll Call]

17.02.15 Tryouts -- Enrolled Student. A member institution may conduct a tryout of a full-time student currently enrolled at the institution only on its campus or at a site at which the institution normally conducts practice or competition during the regular academic year. (See Bylaw 13.11.2.1 for tryout regulations of a prospective student-athlete.) The following conditions shall apply to a tryout of an enrolled student:

[17.02.15-(a) unchanged.]

(b) Health and Safety Requirements -- Medical Examination and Sickle Cell Solubility Test (SST). Prior to participation in a tryout, a student is required to undergo a medical examination or evaluation administered or supervised by a physician (e.g., family physician, team physician). The examination or evaluation shall include a sickle cell solubility test (SST), unless documented results of a prior test are provided to the institution or the student declines the test and signs a written release. The examination or evaluation must be administered within six months prior to participation in the tryout. The medical examination or evaluation may be conducted by an institution's regular team physician or other designated physician as a part of the tryout;

[17.02.15-(c) through 17.02.15-(f) unchanged.]

C.    Bylaws: Amend 17.1.5, as follows:

[Division II, Roll Call]

17.1.5 Mandatory Medical Examination. Prior to participation in any practice, competition or out-of-season conditioning activities (or, in Division I, permissible voluntary summer conditioning or individual workouts, or permissible required summer athletic activities in basketball and football), student-athletes who are beginning their initial season of eligibility and students who are trying out for a team shall be required to undergo a medical examination or evaluation administered or supervised by a physician (e.g., family physician, team physician). A nurse practitioner whose state medical licensure allows for health care practice independent of physician supervision may complete the medical examination without supervision by a physician. The examination or evaluation must be administered within six months prior to participation in any practice, competition or out-of-season conditioning activities. In following years, an updated history of the student-athlete's medical condition shall be administered by an institutional medical staff member (e.g., sports medicine staff, team physician) to determine if additional examinations (e.g., physical, cardiovascular, neurological) are required. The updated history must be administered within six months prior to the student-athlete's participation in any practice, competition or out-of-season conditioning activities for the applicable academic year.

17.1.5.1 Sickle Cell Solubility Test. The examination or evaluation of student-athletes who are beginning their initial season of eligibility and students who are trying out for a team shall include a sickle cell solubility test (SST), unless documented results of a prior test are provided to the institution or the student-athlete declines the test and signs a written release.

[17.1.5.2 unchanged.]

Rationale: Relevant considerations related to the administration of sickle cell solubility tests, privacy burdens and institutional management of the care of trait positive individuals have evolved since the adoption of the original legislation, which permits an individual to sign a written release or waiver to "opt out" of test participation. The legislation was intended to provide institutions with the flexibility to evaluate individual program risks and practices and determine test participation requirements at the campus level. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports noted that, since there is now an opportunity for schools to efficiently and effectively manage the administrative and privacy burdens historically tied to testing, the benefits related to the appropriate monitoring of sickle cell trait positive student-athletes support the idea of consistent mandatory testing across institutions. It should be noted that the committee did not, as part of its recommendation, intend that a positive sickle cell solubility test become the basis for any automatic grounds for disqualification from athletics participation. Instead it recommended that test information be used by institutional and other applicable medical staff to provide more individualized medical monitoring and care.

Frequently Asked Questions:

Question No. 1 What is the current legislation?

Answer:  The following individuals must undergo a medical examination or evaluation, which includes a sickle cell solubility test, unless documented results of a prior test are provided or the individual declines the test and signs a written release:

(1) Prospective student-athletes and currently enrolled students prior to participation in a tryout; and

(2) Student-athletes prior to their initial season of eligibility.

See Bylaws 13.11.2.1-(c) (tryouts), 17.02.15-(a) (tryouts – enrolled students) and 17.1.5.1 (sickle cell solubility test)

Question No. 2:  How does this proposal change the current legislation?

Answer:  If adopted, prospective student-athletes, student-athletes in their initial season of eligibility and currently enrolled students would no longer have the option to sign a written release declining a test or confirmation of sickle cell trait status.

Question No. 3 If adopted, how would the effective date apply?

Answer:  The proposal’s effective date is August 1, 2022, and it is not retroactive. Specifically, an individual who previously signed a waiver declining confirmation of sickle cell trait status before August 1, 2022, would not be required to provide documented sickle cell solubility test results prior to participation.

Question No. 4:  If adopted, would an individual be able to provide documented results of a prior test or must every individual undergo sickle cell solubility testing prior to participation?

Answer:  An individual may still provide documented results of a prior test. If they do so, a sickle cell solubility test is not required.

Co-sponsorship - Conference:
  None

Co-sponsorship - Institution:
  None

Position Statement(s):
  None

Review History:

Feb 17, 2021:
Recommends Approval - Committee on Competitive Safeguards and Medical Aspects of Sports.
Apr 13, 2021:
Approved in Concept - Management Council.
Apr 28, 2021:
Approved in Concept - Presidents Council
Jul 20, 2021:
Approved in Legislative Format - Management Council.
Aug 4, 2021:
Approved in Legislative Format - Presidents Council

Additional Information:

Motion to Divide:  Motion to divide into Subsection A & B and then Subsection C:  Defeated 131/156/3.

Convention Vote:
  Date of Vote: January 22, 2022
    For: 202
    Against: 87
    Abstain: 1
    Not Present:

Legislative References

Division Number Title
II 13.11 Tryouts.
II 13.11.2 Permissible Activities.
II 13.11.2.1 Tryouts.
II 17.02.15 Tryouts -- Enrolled Student.
II 17.1.5 Mandatory Medical Examination.
II 17.1.5.1 Sickle Cell Solubility Test.
References