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Division I Proposal - 2021-17
ATHLETICS ELIGIBILITY -- SEASONS OF COMPETITION -- HARDSHIP WAIVER CRITERIA
Status: Adopted Final
Intent: To amend the hardship waiver criteria and season of competition waivers, as specified.
A. Bylaws: Amend 12.8.4, as follows:
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 contest or date of 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; and
(c) The injury or illness occurs when the student-athlete has not participated in more than three contests or dates of competition or 30 percent of the maximum number of contests or dates of competition of the playing season that concludes with the NCAA championship as set forth in Bylaw 17 for the applicable sport plus one contest or date of competition, whichever is greater.
(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 the 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 unchanged.]
12.8.4.2 Criteria for Administration of Hardship Waiver.
12.8.4.2.1 Use of Scheduled or Completed Contests. An institution may use scheduled or completed contests or dates of competition, but it is not permissible to combine the two methods of calculation.
[12.8.4.2.2 through 12.8.4.2.3 renumbered as 12.8.4.2.1 through 12.8.4.2.2, unchanged.]
12.8.4.2.43 First Half-of-Season Calculation and 30 Percent of Season Denominator. The denominator used to determine the first half and 30 percent of a season is the maximum number of contests or dates of competition of the playing season that concludes with the NCAA championship as set forth in Bylaw 17 for the applicable sport plus one contest or date of competition (see Figure 12-1).
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 Conference Championships. A conference championship is counted as one contest or date of competition in determining the first half of the season, regardless of the number of days or contests involved in the championship. If the calculation is based on scheduled contests or dates of competition, the conference championship is counted as one contest or date of competition if it appeared on the institution's schedule prior to the first scheduled contest or date of competition; however, if the calculation is based on completed contests or dates of competition, the institution must have participated in the conference championship. For purposes of this regulation, the calculation of scheduled or completed contests or dates of competition in a particular season does not include postseason competition (e.g., all rounds of NCAA championships, bowl games) conducted after the completion of the institution's regular-season schedule and conference tournament.
12.8.4.2.4.1.2 Contests or Dates of Competition Based on Championship Selection. In sports (e.g., ice hockey) in which the playing season may be divided into two segments, but championship selection is based on competition throughout the season, 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 ( see Bylaw 12.8.4.2.4.2.1). 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 Break in Declared Playing Season. A break in the declared playing season includes any period in which no practice or competition occurs, as declared by the institution for purposes of defining its playing and practice season, regardless of whether classes are in session. An institution may have more than one break in its playing season, including the break between playing season segments and any other period during the playing season in which no practice or competition occurs, other than required days off.
12.8.4.2.4.2.2 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).
12.8.4.2.3.1 Exception -- Indoor and Outdoor Track and Field. For an institution that sponsors both indoor and outdoor track and field, the number of completed dates of competition, including postseason competition, in the applicable season (either indoor or outdoor) is used to determine the first half and 30 percent of the season. For an institution that sponsors only indoor or outdoor track and field (but not both), the maximum number of dates of competition of the playing season that concludes with the NCAA championship as set forth in Bylaw 17 plus one date of competition is used to determine the first half and 30 percent of the season.
12.8.4.2.3.2 Fraction in the First-Half-of-Season Computation. A computation of the first-half-of-season that results in a fractional portion of a contest or date of competition shall be rounded up to the next whole number. The first contest or date of competition immediately following the rounded value is the first contest or date of competition in the second half of the season (e.g., an injury or illness occurring at any time after the beginning of the scheduled 30th contest of a 57-contest 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).
12.8.4.2.73.23 Fraction in Percent Computation. Any computation of the percent limitation that results in a fractional portion of a contest or date of competition shall be rounded to the next whole number (e.g., 30-percent of a 29-game basketball schedule -- 8.7 games -- shall be considered nine games).
12.8.4.2.4 Playing Season that Concludes with the NCAA Championship. 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, ice hockey), completed competition for the entire season (e.g., nonchampionship and championship segments) shall be used when identifying the first contest or date of competition in the second half of the season and the number of contests or dates of competition in which the student-athlete has participated. 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., baseball, soccer), completed competition for only the championship segment shall be used when identifying the first contest or date of competition in the second half of the season and the number of contests or dates of competition in which the student-athlete has participated.
12.8.4.2.5 Exclusions from the First Half and 30 Percent of Season. In identifying the first contest or date of competition in the second half of the season and the number of contests or dates of competition in which the student-athlete has participated, the following competitions shall be excluded:
(a) Preseason exhibition contests and preseason practice scrimmages that do not count toward the use of a season of competition per Bylaw 12.8.3.1.4; and
(b) Annual exemptions (e.g., alumni game, foreign team in the United States) as specified in Bylaw 17 for the applicable sport, except for a conference championship and other postseason competition.
12.8.4.2.56 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 the student-athlete's 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.
12.8.4.2.67 Outside Competition in Second Half of Season. An individual who engages in outside competition during the second half of the institution's championship segment playing season that concludes with the NCAA championship, including competition while not representing the institution, does not qualify for a hardship waiver.
12.8.4.2.7 Percent Calculation. The following requirements are to be met in determining the percent calculation under this waiver provision: (Note: The percent calculation requirements set forth in Bylaws 12.8.4 and 12.8.4.2.7 apply only to the waiver provisions of this section and do not apply to the maximum- and minimum-contests requirements in Bylaws 17 and 20.)
12.8.4.2.7.1 Denominator in Percent Computation.
12.8.4.2.7.1.1 Team Sports. The denominator in the institution's percent calculation shall be based on the institution's number of scheduled or completed varsity contests or dates of competition [see Bylaw 12.8.4-(c)] as computed for playing and practice season purposes in Bylaw 17 for the applicable sport. [Note: Exempted events in Bylaw 17 are included in the percent calculation, except as provided in Bylaw 12.8.4-(c).] An institution participating in a single-elimination event may only count the actual contests in which the institution participates (as opposed to the number of contests scheduled in the event) in determining the number of scheduled or completed contests in the denominator.
12.8.4.2.7.1.1.1 Conference Championships. A conference championship shall be counted as one contest or date of competition in determining the institution's scheduled or completed contests or dates of competition in that sport, regardless of the number of days or contests involved in the championship. If the calculation is based on scheduled contests or dates of competition, the conference championship is counted as one contest or date of competition if it appeared on the institution's schedule prior to the first scheduled contest of date; however, if the calculation is based on completed contests or dates of competition, the institution must have participated in the conference championship. For purposes of this regulation, the calculation of scheduled or completed contests or dates of competition in a particular season does not include postseason competition (e.g., all rounds of NCAA championships, bowl games) conducted after the completion of the institution's regular-season schedule and conference championship.
12.8.4.2.7.1.1.2 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 denominator shall be based on 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 denominator shall be based on the institution's number of scheduled or completed varsity contests or dates of competition for only the championship segment.
12.8.4.2.7.1.2 Individual Sports. The denominator in the institution's percent calculation shall be 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 sponsors a championship in the applicable sport. For institutions that sponsor both indoor and outdoor track and field, the denominator for indoor track and field shall be nine, plus one date for a conference championship, if applicable, and the denominator for outdoor track and field shall be nine, plus one date for a conference championship, if applicable.
[12.8.4.2.8 through 12.8.4.2.9 unchanged.]
B. Bylaws: Amend 12.8.5, as follows:
12.8.5 Season-of-Competition Waiver -- Competition While Ineligible. In conjunction with a request for restoration of eligibility and any conditions imposed thereon per Bylaw 12.12, a student-athlete may be granted an additional season of competition by the Committee on Student-Athlete Reinstatement when the student-athlete participated in a limited amount of competition as a result of a good-faith, erroneous formal declaration of eligibility by the institution's appropriate certifying authority; or the student-athlete's good-faith, erroneous reliance on a coaching staff member's decision to put the student-athlete into competition prior to the coaching staff member receiving a formal declaration of the student-athlete's eligibility from the institution's appropriate certifying authority. The competition must have occurred under all of the following conditions:
(a) The competition occurred while the student-athlete was representing an NCAA member institution;
(b) The competition occurred within 60 days of the date the student-athlete first reported for athletics participation;
(c) The student-athlete did not participate in more than two events or 10 percent (whichever number is greater) of the institution's scheduled or completed events in the sport maximum number of contests or dates of competition of the playing season that concludes with the NCAA championship as set forth in Bylaw 17 for the applicable sport plus one contest or date of competition. All competition (including a scrimmage) against outside participants that triggers the use of a season of competition shall be countable under this limitation in calculating both determining the number of events in which the student-athlete participated and the number of completed events during that season (both segments) in the sport;
(d) The student-athlete was involved innocently and inadvertently in the erroneous determination or declaration of eligibility, which permitted the student-athlete to compete while ineligible; and
(e) In the case of a coaching staff member's erroneous decision, the student-athlete had reason to believe the student-athlete would be eligible to participate, and the student-athlete did not contribute to the coaching staff member's erroneous decision to allow the student-athlete to participate.
12.8.5.1 Administrative Criteria. The following criteria shall be employed in the administration of the season-of-competition waiver:
12.8.5.1.1 Application -- Use of Scheduled or Completed Contests. An institution may use scheduled or completed contests or dates of competition, but it is not permissible to combine the two methods of calculation.
12.8.5.1.2 Ten Percent Calculation. The requirements specified in Bylaw 12.8.4.2.73 shall apply to the 10 percent calculation specified in this waiver.
C. Bylaws: Amend 12.8.6, as follows:
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 Application -- Use of Scheduled or Completed Contests. An institution may use scheduled or completed contests or dates of competition, but it is not permissible to combine the two methods of calculation.
12.8.6.21 Coach's Documented Misunderstanding. The student-athlete participated as a result of good faith, reliance on a coaching staff member's decision to put the student-athlete in an alumni contest, exhibition contests, scrimmages, or nonchampionship segment contests based on the coach's documented misunderstanding of NCAA legislation and the competition occurred under the following conditions:
(a) The competition occurred while the student-athlete was representing an NCAA institution;
(b) The competition occurred prior to the completion of the first 20 percent of the championship segment of the institution's declared playing and practice season playing season that concludes with the NCAA championship in that sport; and
(c) The student-athlete did not compete in more than two events or 10 percent (whichever number is greater) of the institution's scheduled or completed events in the sport maximum number of contests or dates of competition of the playing season that concludes with the NCAA championship as set forth in Bylaw 17 for the applicable sport plus one contest or date of competition. All competition (including a scrimmage) against outside participants that triggers the use of a season of competition shall be countable under this limitation in calculating both determining 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.
12.8.6.21.1 Percent Calculation. The requirements specified in Bylaw 12.8.4.2.73 shall apply to the percent calculation specified in this waiver.
12.8.6.32 Extenuating Circumstances. Extenuating circumstances include, but are not limited to, the following:
[12.8.6.3-(a) through 12.8.6.3-(c) renumbered as 12.8.6.2-(a) through 12.8.6.2-(c) unchanged.]
12.8.6.32.1 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 the first contest or date of competition of the second half of the playing season that concludes with the NCAA championship in the sport; 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 three contests or dates of competition or 30 percent of the maximum number of contests or dates of competition of the playing season that concludes with the NCAA championship as set forth in Bylaw 17 for the applicable sport plus one contest or date of competition, whichever is greater. 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.
12.8.6.32.1.1 Percent Calculation. The requirements specified in Bylaw Bylaws 12.8.4.2.73, 12.8.4.2.4 and 12.8.4.2.5 shall apply to the percent calculation specified in this waiver.
D. Bylaws: Amend Figure 12-1, as follows:
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Source: NCAA Division I Council (Legislative Committee)
Effective Date:August 1, 2022; for injuries and illnesses occurring on or after August 1, 2022.
Proposal Category: Amendment
Topical Area: Amateurism and Athletics Eligibility
Rationale: Following a referral from the NCAA Division I Legislative Committee Modernization of the Rules Subcommittee, the NCAA Division I Student-Athlete Reinstatement Committee completed a comprehensive review of the hardship waiver legislation. Currently, the calculations used consider scheduling differences and conference championship access, which can result in different standards for student-athletes who participate in the same sport during the same academic year. This recommendation provides a standardized calculation method for all student-athletes in a given sport, based on the maximum dates of competition or contests limits for each sport. Given indoor and outdoor track and field's shared maximum dates of competition, for institutions that sponsor both sports, completed institutional dates of competition in the applicable season will be used. This proposal provides both clarity to the membership and increased and equal opportunities for student-athletes to qualify for hardship and season-of-competition waivers.
Division I Commitment addressed by proposal: The Commitment to Student-Athlete Well-Being.
Is the proposal consequential or nationally significant?: Yes. This proposal would create additional opportunities for student-athletes to qualify for hardship waivers.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Yes. This proposal reduces the monitoring burden by creating a standard calculation for hardship waivers.
How does the proposal support student-athlete success/well-being?: This proposal provides student-athletes additional flexibility and increased opportunities to qualify for hardship waivers.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
Position Statement(s):
| Student-Athlete Advisory Committee | Supports | |
| Student-Athlete Experience Committee | Supports |
History
| Nov 11, 2021: | In Progress | |
| Feb 7, 2022: | Ready for Vote | |
| Apr 13, 2022: | Tabled | Tabled based on the pending work of the Transformation Committee. |
| Jun 15, 2022: | Ready for Vote | |
| Jun 15, 2022: | Adopted by Council | |
| Jun 30, 2022: | No Board Action | |
| Jun 30, 2022: | Adopted Final |
Legislative References