NCAA LSDBi

Division I Proposal - ER-2022-5

FINANCIAL AID -- UNDERGRADUATE FOUR-YEAR COLLEGE TRANSFER REGULATIONS

Status: Adopted Final

A.    Bylaws: Amend 15.02, as follows:

15.02 Definitions and Applications.

[15.02.1 through 15.02.2 unchanged.]

15.02.3 Counter. A "counter" is an includes any individual who is receiving institutional financial aid that is countable against the aid limitations in a sport. Unless an exception is satisfied, once a student-athlete becomes a counter, the student-athlete remains a counter for the entire academic year. Further, an undergraduate four-year college transfer awarded athletically related financial aid shall be a counter for the period of the award (see Bylaw 15.3.3.3) unless a provision of Bylaw 15.5.1.2.1 is met.

[15.02.3 unchanged.]

15.02.3.2 Replacement of Counter. An institution may apply a legislated exception to replace a counter who is no longer participating with the program and the replaced student-athlete shall not be a counter for the remainder of the academic year.

[15.02.4 through 15.02.7 unchanged.]

15.02.8 Period of Award. The period of award begins when the student-athlete receives any benefits as a part of the student's grant-in-aid on the first day of classes for a particular academic term, or the first day of practice, whichever is earlier, and continues until the conclusion of the period set forth in the financial aid agreement. The period of award of a multiyear grant-in-aid awarded to an individual other than an undergraduate four-year college transfer may include one or more academic years of no athletically related financial aid after the first academic year in which athletically related aid is provided, including the final year of the award (e.g., 50 percent in year one, zero percent in year two, 50 percent in year three; 50 percent in year one, zero percent in year two, zero percent in year three). An athletics grant-in-aid shall not be awarded in excess of the student-athlete's five-year period of eligibility.

[15.02.8 through 15.02.10 unchanged.]

B.    Bylaws: Amend 15.3, as follows:

15.3 Terms and Conditions of Awarding Institutional Financial Aid.

[15.3.1 through 15.3.2 unchanged.]

15.3.3 Period of Institutional Financial Aid Award.

[15.3.3.1 through 15.3.3.2 unchanged.]

15.3.3.3 Undergraduate Four-Year College Transfers. If an undergraduate four-year college transfer student's athletics ability is considered in any degree in awarding financial aid, such aid shall be awarded for a period no less than the student-athlete's five-year period of eligibility or until all requirements to receive a baccalaureate degree are completed, whichever occurs earlier. A reduction or cancellation during the period of the award may not be made except as permitted pursuant to Bylaws 15.3.4.2.1 or 15.3.5.1.2. Financial aid may be reduced or canceled based as a result of an institutional (as opposed to athletics department) proceeding (e.g., disciplinary process) that imposes such a penalty.

[15.3.3.3 unchanged.]

15.3.4 Reduction or Cancellation During Period of Award. [Note: Bylaw 15.3.4 applies to nonautonomy conferences and institutions that have elected not to apply the more restrictive autonomy provisions found in Bylaw 15.3.5.]

[15.3.4.1 unchanged.]

15.3.4.2 Reduction or Cancellation Permitted. Institutional financial aid based in any degree on athletics ability awarded to an individual other than an undergraduate four-year college transfer may be reduced or canceled during the period of the award if the recipient:

[15.3.4.2-(a) through 15.3.4.2-(e) unchanged.]

[15.3.4.2 unchanged.]

15.3.4.2.1 Exception -- Undergraduate Four-Year College Transfers. Institutional financial aid based in any degree on athletics ability awarded to an undergraduate four-year college transfer student may only be reduced or canceled during the period of the award if the recipient:

(a) Transfers to another institution (see Bylaw 14.5.2); or

(b) Loses amateur status and is no longer eligible for intercollegiate competition in the applicable sport (see Bylaw 12.1.2); or

(c) Is disqualified or suspended from receiving institutional financial aid by an institutional (as opposed to athletics department) proceeding (e.g., disciplinary process). However, the student shall remain a counter for the period of the award.

(See Bylaw 15.5.1.2.1 for exceptions to counter legislation for undergraduate four-year college transfers.)

[15.3.4.2.1 through 15.3.4.2.2 unchanged.]

15.3.4.2.3 Nonathletically Related Conditions. An institutional financial aid agreement awarded to an individual other than an undergraduate four-year college transfer may include nonathletically related conditions (e.g., compliance with academics policies or standards, compliance with athletics department rules or policies) by which the aid may be reduced or canceled during the period of the award.

15.3.4.2.4 Fraudulent Misrepresentation. If a student-athlete other than an undergraduate four-year college transfer is awarded institutional financial aid on the basis of declaring intention to participate in a particular sport by signing a letter of intent, application or tender, action on the part of the grantee not to participate (either by not reporting for practice or after making only token appearances as determined by the institution) would constitute fraudulent misrepresentation of information on the grantee's application, letter of intent or financial aid agreement and would permit the institution to cancel or reduce the financial aid.

15.3.4.2.5 Misconduct. An institution may cancel or reduce the financial aid of a student-athlete (other than an undergraduate four-year college transfer) who is found to have engaged in misconduct by the university's regular student disciplinary authority, even if the loss-of-aid requirement does not apply to the student body in general.

[15.3.4.3 unchanged.]

15.3.5 Reduction, Cancellation or Nonrenewal of Institutional Financial Aid. [Note: Bylaws 15.3.5 and 15.3.6 apply to autonomy conferences. They also apply to nonautonomy conferences and institutions that have elected to apply the more restrictive autonomy provisions related to reduction and nonrenewal of institutional financial aid.]

15.3.5.1 Reduction, Cancellation or Nonrenewal Permitted. Institutional financial aid based in any degree on athletics ability awarded to an individual other than an undergraduate four-year college transfer may be reduced or canceled during the period of the award or reduced or not renewed for the following academic year or years of the student-athlete's five-year period of eligibility if the recipient:

[15.3.5.1-(a) through 15.3.5.1-(f) unchanged.]

[15.3.5.1 unchanged.]

15.3.5.1.2 Exception -- Undergraduate Four-Year College Transfers. Institutional financial aid based in any degree on athletics ability awarded to an undergraduate four-year college transfer student may only be reduced or canceled during the period of the award if the recipient:

(a) Transfers to another institution (see Bylaw 14.5.2); or

(b) Loses amateur status and is no longer eligible for intercollegiate competition in the applicable sport (see Bylaw 12.1.2).; or

(c) Is disqualified or suspended from receiving institutional financial aid by an institutional (as opposed to athletics department) proceeding (e.g., disciplinary process). However, the student shall remain a counter for the period of the award.

(See Bylaw 15.5.1.2.1 for exceptions to counter legislation for undergraduate four-year college transfers.)

[15.3.5.1.2 through 15.3.5.1.3 unchanged.]

[15.3.5.2 through 15.3.5.3 unchanged.]

[15.3.6 through 15.3.7 unchanged.]

C.    Bylaws: Amend 15.5, as follows:

15.5 Maximum Institutional Grant-in-Aid Limitations by Sport.

15.5.1 Counters. A student-athlete shall be a counter and included in the maximum awards limitations set forth in this bylaw under the following conditions:

[15.5.1-(a) through 15.5.1-(b) unchanged.]

[15.5.1.1 unchanged.]

15.5.1.2 Undergraduate Four-Year College Transfers. An undergraduate four-year college transfer student who receives athletically related financial aid shall be a counter for the period of the award (see Bylaw 15.3.3.3).

[15.5.1.2 unchanged.]

15.5.1.2.1 Exceptions. An undergraduate four-year college transfer student shall not be considered a counter for the subsequent academic year if:

(a) The individual becomes medically disqualified pursuant to Bylaw 15.5.1.3; or

(b) A permissible reason to reduce or cancel aid during the period of the award occurs (see Bylaws 15.3.4.2.1 and 15.3.5.1.2) The individual transfers to another institution pursuant to Bylaw 14.5.2; or

(c) The individual loses amateur status and is no longer eligible for intercollegiate competition in the applicable sport pursuant to Bylaw 12.1.2.

[15.5.1.3 through 15.5.1.4 unchanged.]

15.5.1.5 Cancellation of Aid. Once an individual becomes a counter in a head-count sport (see Bylaws 15.5.2, 15.5.4, 15.5.5, 15.5.6, 15.5.7 and 15.5.8), the individual normally continues as a counter for the remainder of the academic year. However, if the individual (other than an undergraduate four-year college transfer) voluntarily withdraws from the team prior to the first day of classes or before the first contest of the season (whichever is earlier) and releases the institution from its obligation to provide financial aid, the individual no longer would be considered a counter (see Bylaws 15.5.2.2 and 15.5.6.4.1).

[15.5.1.5 unchanged.]

15.5.1.6 Eligibility Exhausted. A student-athlete receiving institutional financial aid after having exhausted eligibility in a sport is not a counter in that sport in later academic years following completion of eligibility in the sport. The student-athlete must be otherwise eligible for the aid and is not permitted to take part in organized, institutional practice sessions in that sport unless the individual has eligibility remaining under the five-year rule. (See Bylaw 15.3.1 for eligibility for financial aid.) For this provision to be applicable to an undergraduate four-year college transfer, the individual shall not have eligibility remaining in the individual's five-year period of eligibility.

[15.5.1.6.1 unchanged.]

15.5.1.7 Student-Athlete Whose Five-Year Period of Eligibility Expires Midyear. In sports in which performance from the nonchampionship and championship segments is considered for NCAA championship qualification or selection, a student-athlete who receives athletically related financial aid is not a counter, provided:

(a) The student-athlete's five-year period of eligibility will expire before the NCAA championship in the applicable sport (e.g., end of fall semester); and

(b) The student-athlete does not compete in the involved sport during that academic year.

For this provision to be applicable to an undergraduate four-year college transfer, the individual must have completed all requirements to receive a baccalaureate degree.

15.5.1.8 Aid After Departure of Head Coach. A student-athlete who receives athletically related institutional financial aid in subsequent academic years after the departure of a head coach from the institution is not a counter in a year in which the student-athlete does not participate in intercollegiate athletics, provided:

(a) The student-athlete participated in the applicable sport and received athletically related institutional financial aid during the coach's tenure at the institution; and

(b) The student-athlete does not participate in the applicable sport beyond the next regular academic year (including completion of the championship season in spring sports) after the departure of the head coach; and

(c) The student-athlete is not an undergraduate four-year college transfer.

[15.5.1.8.1 unchanged.]

[15.5.1.9 through 15.5.1.11 unchanged.]

15.5.2 Head-Count Sports Other Than Football and Basketball.

[15.5.2.1 unchanged.]

15.5.2.2 Preseason Voluntary Withdrawal. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws from the team in a head-count sport other than football or basketball by providing the financial aid to another student who already has enrolled in the institution and is a member of the team. For this replacement to occur, the counter must withdraw prior to the first day of classes or before the first game of the season, whichever is earlier, and release the institution from its obligation to provide financial aid. The institution may not award the financial aid to another student-athlete in the academic term in which the aid was reduced or canceled. Further, if the financial aid is canceled before a regular academic term (e.g., preseason practice period), the aid may not be provided to another student-athlete during the ensuing academic term.

15.5.2.3 Voluntary Withdrawal From the Institution During the Academic Year. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year.

15.5.2.4 Midyear Replacement -- Women's Volleyball. In women's volleyball, the financial aid of a counter who graduates at midyear or who graduates during the previous academic year (including summer) may be provided to another student-athlete without making and the second replaced student-athlete shall not be a counter for the remainder of that academic year.

15.5.2.5 Midyear Graduate Replacement -- Women's Gymnastics and Women's Tennis. In women's gymnastics and women's tennis, the financial aid of a counter who graduates at midyear with eligibility remaining and who does not return to the institution for the following academic term may be provided to another student-athlete. without making the second The replaced student-athlete shall not be a counter for the remainder of the academic year.

[15.5.2.6 through 15.5.2.7 unchanged.]

15.5.2.8 Replacement of an Ineligible Student-Athlete. An institution may replace a counter (other than an undergraduate four-year college transfer) whose aid is canceled because the student-athlete was rendered ineligible for intercollegiate competition during a particular academic term (e.g., fall semester, winter quarter) by providing the financial aid to another student in the ensuing term (e.g., spring semester, spring quarter).

15.5.3 Equivalency Sports.

15.5.3.1 Maximum Equivalency Limits.

[15.5.3.1.1 through 15.5.3.1.3 unchanged.]

15.5.3.1.4 Midyear Replacement -- Cross Country, Field Hockey, Soccer, Track and Field and Men's Water Polo. In cross country, field hockey, soccer, track and field and men's water polo, the financial aid of equal to the countable financial aid provided to a counter who graduates at midyear or who graduates during the previous academic year (including summer) and has exhausted eligibility but remains enrolled at the institution may be provided to another student-athlete, without making the second student-athlete who shall be a counter for the remainder of that academic year. The Other financial aid provided to the second student-athlete that would otherwise be countable does not count toward is excluded from the team's maximum equivalency limits for the remainder of the academic year.

[15.5.3.2 unchanged.]

15.5.4 Baseball Limitations. There shall be an annual limit of 11.7 on the value of financial aid awards (equivalencies) to counters and an annual limit of 27 on the total number of counters in baseball.

[15.5.4.1 through 15.5.4.3 unchanged.]

15.5.4.4 Voluntary Withdrawal From the Institution During the Academic Year. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year.

15.5.5 Basketball Limitations.

[15.5.5.1 through 15.5.5.2 unchanged.]

15.5.5.3 Voluntary Withdrawal From the Institution During the Academic Year. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year.

15.5.5.4 Replacement of an Ineligible Student-Athlete. An institution may replace a counter (other than an undergraduate four-year college transfer) whose aid is canceled because the student-athlete was rendered ineligible for intercollegiate competition during a particular academic term (e.g., fall semester, winter quarter) by providing the financial aid to another student in the ensuing term (e.g., spring semester, spring quarter).

15.5.6 Football Limitations.

[15.5.6.1 through 15.5.6.2 unchanged.]

15.5.6.3 Initial Counters -- Football (Also see Bylaw 15.02.3.1).

[15.5.6.3 unchanged.]

15.5.6.3.4 Midyear Replacement.  A The financial aid of a counter who graduates at midyear or who graduates during the previous academic year (including summer) may be provided to another student-athlete (replaced by an initial counter) and the replaced student-athlete shall not be a counter for the remainder of that academic year. The initial counter who shall be counted against the initial limit either for the year in which the aid is awarded (if the institution's annual limit has not been reached) or for the following academic year, or by a student-athlete who was an initial counter in a previous academic year and is returning to the institution after time spent on active duty in the armed services or on an official religious mission. In bowl subdivision football, an institution may use the midyear replacement exception only if it previously has provided financial aid during that academic year to the maximum number of overall counters (85 total counters). In championship subdivision football, an institution may use the midyear replacement exception only if it previously has provided financial aid during that academic year that equals the maximum number of overall equivalencies or overall counters.

[15.5.6.3.4 through 15.5.6.3.7 unchanged.]

15.5.6.4 Exceptions.

15.5.6.4.1 Preseason Voluntary Withdrawal. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws from the football team by providing the financial aid to another student who already has enrolled in the institution and is a member of the football squad. For this replacement to occur, the counter must withdraw prior to the first day of classes or the first game of the season, whichever is earlier, and provide the institution with a signed statement releasing the institution from its obligation to provide institutional financial aid and verifying the voluntary nature of the withdrawal. The institution may immediately (beginning with the fall term) award the financial aid to a student-athlete who has been a member of the team for at least one academic year and has not previously received athletically related financial aid. A student-athlete who has not been a member of the team for at least one academic year may not receive the financial aid during the fall term, but may receive it in an ensuing term (e.g., spring semester, winter quarter).

15.5.6.4.2 Voluntary Withdrawal From the Institution During the Academic Year. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year. The departing student-athlete's aid may be canceled upon the institution's receipt of a signed statement from the student-athlete releasing the institution from its obligation to provide institutional financial aid and verifying the voluntary nature of the withdrawal. If such a statement is received, a hearing opportunity (per Bylaw 15.3.2.3) is not required.

15.5.6.4.3 Replacement of an Ineligible Student-Athlete. An institution may replace a counter (other than an undergraduate four-year college transfer) whose aid is canceled because the student-athlete was rendered ineligible for intercollegiate competition during a particular academic term (e.g., fall semester, winter quarter) by providing the financial aid to another student in the ensuing term (e.g., spring semester, spring quarter).

15.5.7 Ice Hockey Limitations. There shall be an annual limit of 18 on the value of financial aid awards (equivalencies) to counters and an annual limit of 30 on the total number of counters in ice hockey at each institution.

[15.5.7.1 through 15.5.7.2 unchanged.]

15.5.7.3 Voluntary Withdrawal From the Institution During the Academic Year. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year.

15.5.8 Women's Beach Volleyball Limitations.

[15.5.8.1 through 15.5.8.4 unchanged.]

15.5.8.5 Voluntary Withdrawal From the Institution During the Academic Year. An institution may replace a counter (other than an undergraduate four-year college transfer) who voluntarily withdraws (e.g., transfer, official religious mission) from the institution during the academic year by providing the financial aid to another student-athlete, including an incoming student-athlete, beginning with the ensuing term (e.g., spring semester, winter or spring quarter) without making the second student-athlete a counter for the remainder of that academic year.

[15.5.9 through 15.5.11 unchanged.]

Source: NCAA Staff

Effective Date:Immediate

Proposal Category: Editorial

Topical Area: Financial Aid

History

Nov 14, 2022: Adopted Final This revision clarifies the application of the financial aid provisions of Proposal No. 2022-20, as adopted by the NCAA Division I Board of Directors.
Nov 14, 2022: Adopted Final

Legislative References

Division Number Title
I 15.02 Definitions and Applications.
I 15.02.3 Counter.
I 15.02.3.2 Replacement of Counter.
I 15.02.8 Period of Award.
I 15.3 Terms and Conditions of Awarding Institutional Financial Aid.
I 15.3.3 Period of Institutional Financial Aid Award.
I 15.3.3.3 Undergraduate Four-Year College Transfers.
I 15.3.4 Reduction or Cancellation During Period of Award.
I 15.3.4.2 Reduction or Cancellation Permitted.
I 15.3.4.2.1 Exception -- Undergraduate Four-Year College Transfers.
I 15.3.4.2.3 Nonathletically Related Conditions.
I 15.3.4.2.4 Fraudulent Misrepresentation.
I 15.3.4.2.5 Misconduct.
I 15.3.5 Reduction, Cancellation or Nonrenewal of Institutional Financial Aid.
I 15.3.5.1 Reduction, Cancellation or Nonrenewal Permitted.
I 15.3.5.1.2 Exception -- Undergraduate Four-Year College Transfers.
I 15.5 Maximum Institutional Grant-in-Aid Limitations by Sport.
I 15.5.1 Counters.
I 15.5.1.2 Undergraduate Four-Year Transfers.
I 15.5.1.2.1 Exceptions.
I 15.5.1.5 Cancellation of Aid.
I 15.5.1.6 Eligibility Exhausted.
I 15.5.1.7 Student-Athlete Whose Five-Year Period of Eligibility Expires Midyear.
I 15.5.1.8 Aid After Departure of Head Coach.
I 15.5.2 Head-Count Sports Other Than Football and Basketball.
I 15.5.2.2 Preseason Voluntary Withdrawal.
I 15.5.2.3 Voluntary Withdrawal From the Institution During the Academic Year.
I 15.5.2.4 Midyear Replacement -- Women's Volleyball.
I 15.5.2.5 Midyear Graduate Replacement -- Women's Gymnastics and Women's Tennis.
I 15.5.2.8 Replacement of an Ineligible Student-Athlete.
I 15.5.3 Equivalency Sports.
I 15.5.3.1 Maximum Equivalency Limits.
I 15.5.3.1.4 Midyear Replacement -- Cross Country, Field Hockey, Soccer, Track and Field and Men's Water Polo.
I 15.5.4 Baseball Limitations.
I 15.5.4.4 Voluntary Withdrawal From the Institution During the Academic Year.
I 15.5.5 Basketball Limitations.
I 15.5.5.3 Voluntary Withdrawal From the Institution During the Academic Year.
I 15.5.5.4 Replacement of an Ineligible Student-Athlete.
I 15.5.6 Football Limitations.
I 15.5.6.3 Initial Counters -- Football (Also see Bylaw 15.02.3.1).
I 15.5.6.3.4 Midyear Replacement.
I 15.5.6.4 Exceptions.
I 15.5.6.4.1 Preseason Voluntary Withdrawal.
I 15.5.6.4.2 Voluntary Withdrawal From the Institution During the Academic Year.
I 15.5.6.4.3 Replacement of an Ineligible Student-Athlete.
I 15.5.7 Ice Hockey Limitations.
I 15.5.7.3 Voluntary Withdrawal From the Institution During the Academic Year.
I 15.5.8 Women's Beach Volleyball Limitations.
I 15.5.8.5 Voluntary Withdrawal From the Institution During the Academic Year.
References