NCAA LSDBi

Division I Proposal - 2024-5

RECRUITING AND ACADEMIC ELIGIBILITY -- FOUR-YEAR COLLEGE TRANSFERS

Status: Adopted Final

Intent: To revise the notification of transfer process and the eligibility requirements for a four-year college transfer student-athlete, as specified.

A.    Bylaws: Amend 13, as follows: (Effective immediately, except postgraduate student-athletes in the following sports have until May 1, 2024 to provide written notification of transfer prior to the 2024 fall term: football, women's ice hockey, rifle, skiing, women's swimming and diving and indoor track and field.)

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 19.1.3-(f).]

13.1.1.3.1 Notification of Transfer -- Undergraduate Student-Athletes. A student-athlete may initiate the notification of transfer process by providing the student-athlete's institution with a written notification of transfer and completing an educational module related to transferring. Notification of transfer must be initiated during a period specified for the applicable sport (see also Figure 13-1) or after the final period for the sport concludes and before August 1 of the next academic year. If notification of transfer is provided during a specified period or after the final period for the sport concludes and before August 1, the student-athlete's institution shall enter the student-athlete's 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. A student-athlete who initiates notification of transfer after the final period for their sport concludes and before August 1 of the next academic year is not eligible to use the one-time transfer exception unless an exception applies [see Bylaw 14.5.5.2.10-(d)]. [D]

[13.1.1.3.1-(a) through 13.1.1.3.1-(f) unchanged.]

13.1.1.3.1.1 Exceptions.

13.1.1.3.1.1.1 Head Coach Departure or Athletics Aid Reduction, Cancellation or Nonrenewal. A student-athlete may initiate notification of transfer during a 30 consecutive-day period beginning the day after either of the following occurs:

(a) The head coach of the student-athlete's team departs or announces departure from the institution; or

(b) The student-athlete's athletics aid is reduced, canceled or not renewed (except as permitted per Bylaw 15.3.4.2 or Bylaw 15.3.5.1).

13.1.1.3.1.1.2 Four-Year College Transfer Exceptions Other Than One-Time Transfer ExceptionDiscontinued Sport Exception. A student-athlete who will fulfill the conditions of an exception for a transfer from a four-year college set forth in Bylaw 14.5.5.2 other than the one-time transfer exception (see Bylaw 14.5.5.2.10) whose current four-year collegiate institution dropped (or has publicly announced it will drop) the sport (in which the student has practiced or competed at that institution in intercollegiate competition) from its intercollegiate program while the student is in attendance may initiate the notification of transfer process at any time by providing the student-athlete's institution with a written notification of transfer and completing an educational module related to transferring.

13.1.1.3.2 Notification of Transfer -- Postgraduate Student-Athletes. A student-athlete who will participate as a postgraduate student at another institution during the next academic year or regular term may initiate the notification of transfer process at any time between August 1 and end of the final period specified for the applicable sport in Bylaw 13.1.1.3.1 by providing the student-athlete's institution with a written notification of transfer and completing an educational module related to transferring. The student-athlete's institution shall enter the student-athlete's 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.

[13.1.1.3.2 unchanged.]

13.1.1.3.2.1 Exceptions. A student-athlete who will participate as a postgraduate student at another institution during the next academic year or regular term who qualifies for an exception to the notification of transfer periods for undergraduate student-athletes (see Bylaw 13.1.1.3.1.1) may initiate notification of transfer consistent with the applicable exception.

[13.1.1.3.3 through 13.1.1.3.7 unchanged.]

B.    Bylaws: Amend 14, as follows: (Immediate)

14 Academic Eligibility

[14.01 unchanged.]

14.02 Definitions and Applications.

[14.02.1 through 14.02.5 unchanged.]

14.02.6 Exception. An exception is the granting of relief from the application of a specific regulation (e.g., the residence requirement for a transfer student from a two-year college to become eligible for competition). The action granting the exception may be taken solely by the certifying institution, based on evidence that the conditions on which the exception is authorized have been met (see Bylaw 14.02.14).

[14.02.7 through 14.02.10 unchanged.]

14.02.11 Residence. Residence is enrollment in a full-time academic program (as defined by the institution) at a collegiate institution during a regular term of an academic year. A summer term may not be used to satisfy an academic term of residence. Any student-athlete (e.g., qualifier, nonqualifier, transfer student from a two-year college) admitted after the 12th class day may not use that semester or quarter for the purpose of satisfying an academic term or year of residence.

14.02.11.1 Academic Year of Residence. To satisfy an academic year of residence, a student shall:

[14.02.11.1-(a) through 14.02.11.1-(b) unchanged.]

[14.02.12 through 14.02.14 unchanged.]

[14.1 unchanged.]

14.2 Full-Time Enrollment.

[14.2.1 unchanged.]

14.2.2 Requirement for Competition. To be eligible for competition, a student-athlete shall be enrolled in at least a minimum full-time program of studies leading to a baccalaureate or equivalent degree, which shall not be less than 12 semester or quarter hours.

14.2.2.1 Exceptions. The following exceptions to the minimum 12-semester or 12-quarter-hour enrollment requirement are permitted:

[14.2.2.1.1 through 14.2.2.1.4 unchanged.]

14.2.2.1.5 Graduate Program. A student may compete while enrolled in a full-time graduate program as defined by the institution (see Bylaw 14.6).

[14.2.2.2 through 14.2.2.6 unchanged.]

[14.2.3 unchanged.]

[14.3 unchanged.]

14.4 Progress-Toward-Degree Requirements.

[14.4.1 through 14.4.2 unchanged.]

14.4.3 Eligibility for Competition.

[14.4.3.1 through 14.4.3.5 unchanged.]

14.4.3.6 Exceptions to Progress-Toward-Degree Rule. The following provisions are exceptions to the progress-toward-degree rule:

[14.4.3.6-(a) unchanged.]

[14.4.3.6-(b) unchanged.]

(c) GraduatePostgraduate Student Exception. A postgraduate student-athlete who is otherwise eligible for regular-season competition shall be exempt from the provisions of this regulation, except the student-athlete shall successfully complete a minimum of six semester or quarter hours of academic credit from course work that meets graduate program requirements during each regular academic term in which the student is enrolled full time as a graduate student. A graduate student-athlete who is enrolled in a specific degree program must earn six hours of academic credit applicable toward the designated degree program the six-hour requirement as specified in Bylaw 14.6.3. (See Bylaw 14.6.)

(d) Postbaccalaureate Exception. A student-athlete who graduates and enrolls in a second baccalaureate degree or is taking course work that would lead to the equivalent of another major or degree who is otherwise eligible for regular-season competition shall be exempt from the provisions of this regulation, except the student-athlete shall successfully complete a minimum of six semester or quarter hours of academic credit during each regular academic term in which the student is enrolled full time. A student-athlete who is enrolled in a specific degree program must earn six hours of academic credit applicable toward the designated degree program. (See Bylaw 14.6.)

[14.4.3.6-(e) relettered as 14.4.3.6-(d), unchanged.]

[14.4.3.7 through 14.4.3.10 unchanged.]

14.5 Transfer Regulations.

14.5.1 Residence Requirement -- General Principle. A student who transfers (see Bylaw 14.5.2) to a member institution from any collegiate institution is required to complete one full academic year of residence (see Bylaw 14.02.11) at the certifying institution satisfy the applicable transfer requirements or qualify for an exception as set forth in this bylaw before being eligible to compete, unless the student satisfies the applicable transfer requirements or qualifies for an exception as set forth in this bylaw.

14.5.1.1 Fulfillment of Residence Requirement in Night School. When a student transfers to a member institution and is required to fulfill a residence requirement before being eligible to participate in competition, it is permissible for the transfer student to meet the requirement by attending an institution's night school, provided the following conditions are met:

(a) The night school has regular terms (semesters or quarters) that are the same as the institution's day school;

(b) The student is enrolled in a minimum full-time program of studies during each night term counted; and

(c) The student is considered by the institution to be a regularly matriculated student in each term.

[14.5.1.1 renumbered as 14.5.1.0, unchanged.]

14.5.1.32 Outside Competition -- Not a Qualifier. A two-year college transfer student who is not a qualifier and does not meet the applicable transfer requirements may participate in the institution's intramural program (provided the intramural team is not coached by a member of the institution's athletics department staff), but such an individual is not permitted to practice or compete on an institution's club team or an outside sports team during the first academic year of residence. A four-year college transfer student who is not a qualifier and who has not completed an academic year of residence does not meet the applicable four-year college transfer requirements may participate in the institution's intramural program (provided the intramural team is not coached by a member of the institution's athletics department staff), but such an individual is not permitted to practice or compete on an institution's club team or an outside sports team during the first academic year of residence until eligibility is regained pursuant to Bylaw 14.5.5.1.

14.5.1.4 Eligibility for Championship in Progress. A transfer student shall be eligible for any NCAA championship that is in progress after a full calendar year has elapsed and at the time the student has completed two full semesters or three full quarters of academic work.

14.5.1.53 Foreign Institution International Transfers Student-Athletes. A transfer student from a foreign collegiate institution (college, university or two-year college), except one entering as a bona fide exchange student, shall comply with the one-year residence applicable four-year college transfer requirements set forth in Bylaw 14.5.5.1.

14.5.1.53.1 Bona Fide International Exchange Student Exception. A bona fide international exchange student is an individual who is sponsored by the government of the student's nation, or is sponsored by the U.S. Department of State, Rotary International, the Ford Foundation, the Institute of International Education or a similar organization. For a student to be considered a bona fide exchange student, the sponsoring organization shall identify the student prior to the student's departure from the student's home country and make the necessary arrangements to finance the student's education under the international exchange program. If these arrangements have not been completed before the student's enrollment at the certifying institution, the student is considered to be a transfer student and may not represent the institution in competition until the individual has met the required residence requirement satisfied the applicable four-year college transfer requirements (see Bylaw 14.5.5).

14.5.2 Conditions Affecting Transfer Status. A transfer student is an individual who transfers from a collegiate institution after having met any one of the following conditions at that institution:

[14.5.2-(a) unchanged.]

(b) The student is or was enrolled in an institution in a minimum full-time program of studies in a night school that is considered to have regular terms (semesters or quarters) the same as the institution's day school, and the student is or was considered by the institution to be a regularly matriculated student;

[14.5.2-(c) through 14.5.2-(g) relettered as 14.5.2-(b) through 14.5.2-(f), unchanged.]

[14.5.3 through 14.5.4 unchanged.]

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 first obtaining authorization through the notification of transfer process An undergraduate transfer student from a four-year institution is eligible for competition if at the time of transfer to the certifying institution (see Bylaw 14.5.2), the student would have been academically eligible to compete had the student remained at the institution where the student most recently attended class during a regular term as a full-time student, except that the student is not required to have fulfilled percentage-of-degree requirements at the previous institution.

14.5.5.1 General Rule Regaining Eligiblity. 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 For purposes of Bylaw 14.5.5, an undergraduate transfer student-athlete who was not academically eligible at the previous institution at the time of transfer may become eligible to compete at the certifying institution after the conclusion of the first regular term following transfer (consistent with Bylaw 14.4.3.4) by successfully meeting all applicable progress-toward-degree requirements at the certifying institution.

14.5.5.1.1 Attendance for One Academic Year Exception -- Baseball. A transfer student from a four-year institution who attended a four-year institution at least one academic year shall be eligible for financial aid (see Bylaw 14.5.4.4) and practice at a member institution under the rules of the institution and the conference of which the institution is a member, regardless of the student's qualification status (per Bylaw 14.3.1.1) at the time of initial enrollment In baseball, a transfer student-athlete who fails to meet the applicable requirements of Bylaw 14.4.3 to be eligible for an institution's fall term shall not be eligible until the following academic year.

14.5.5.1.2 Attendance for Less Than One Academic Year. A transfer student from a four-year institution who was not a qualifier (see Bylaw 14.02.10) and who attended a four-year institution less than one full academic year shall not be eligible for competition during the first academic year of attendance at the certifying institution. Participation in practice sessions and the receipt of financial aid during the first academic year of attendance at the certifying institution by such students is governed by the provisions of Bylaw 14.3.2.1 (see Bylaw 14.5.5.4).

14.5.5.1.3 Competition on a Foreign Tour. See Bylaw 17.32.1.4 for exceptions to allow a transfer student-athlete who is subject to the residence requirement to participate in competition on a foreign tour.

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 met the notification of transfer requirements per Bylaw 13.1.1.3.1, does not have an unfulfilled residence requirement at the institution from which the student 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 Educational Exchange Exception. The student returns to the student's original institution under any of the following conditions:

(a) After participation in a cooperative educational exchange program, provided the student is to receive a baccalaureate degree from the institution from which the student transferred to participate in the exchange program;

(b) After one semester or quarter of attendance at another institution for purposes of taking academic courses not available at the original institution, regardless of whether they are required in the degree program the student-athlete is pursuing at the first institution. In such an instance, the student also may take additional courses that were available at the first institution; or

(c) After one academic year of attendance at another collegiate institution, in accordance with the program recommended by the appropriate academic officer at the original institution, provided the student was in good academic standing at the time the student left the original institution.

14.5.5.2.2 Exchange Student Exception. The student is enrolled in the certifying institution for a specified period of time as a bona fide exchange student participating in a formal educational exchange program that is an established requirement of the student-athlete's curriculum.

14.5.5.2.3 Discontinued Academic Program Exception. The student changed institutions in order to continue a major course of study because the original institution discontinued the academic program in the student’s major.

14.5.5.2.4 International Student Program Exception. The individual is an international student who is required to transfer (one or more times) because of a study program predetermined by the government of the student's nation or the sponsoring educational organization.

14.5.5.2.5 Military Service Exception. The student returns from at least 12 months of active service in the armed forces of the United States.

14.5.5.2.5.1 Collegiate Enrollment Concurrent With Military Service. The amount of time that an individual is enrolled as a regular student in a collegiate institution while concurrently on active military duty may not be counted as a part of the 12-month active-duty period that qualifies a student for an exception to the transfer-residence requirement.

14.5.5.2.6 Discontinued/Nonsponsored Sport Exception. In a particular sport when the student transfers at any time to the certifying institution and participates in the sport on the intercollegiate level after any of the following conditions has occurred:

(a) The student's original four-year collegiate institution dropped (or has publicly announced it will drop) the sport (in which the student has practiced or competed at that institution in intercollegiate competition) from its intercollegiate program while the student was in attendance at the institution; or

(b) The student's original four-year collegiate institution reclassified (or has publicly announced it will reclassify) the sport (in which the student has practiced or competed at that institution in intercollegiate competition) from Division I to Division III status while the student was in attendance at the institution, and the student subsequently had not competed in that sport on the Division III level; or

(c) The student's original four-year collegiate institution never sponsored the sport on the intercollegiate level while the student was in attendance at the institution, provided the student had never transferred (see Bylaw 14.5.2) from any other collegiate institution that offered intercollegiate competition in that particular sport while the student was in attendance.

14.5.5.2.6.1 Original Institution. In applying this provision for an exception to the residence requirement, the original collegiate institution shall be the one in which the student was enrolled immediately prior to transfer to the certifying institution, it being understood that, if the student is transferring from an institution that never sponsored the sport on the intercollegiate level, the student never shall have transferred from any other collegiate institution that offered intercollegiate competition in that sport while the student was in attendance.

14.5.5.2.7 Two-Year Nonparticipation or Minimal Participation Exception. The student transfers to the certifying institution from another four-year college and, for a consecutive two-year period immediately before the date on which the student begins participation (practice and/or competition), the student has neither engaged in intercollegiate competition nor engaged in other countable athletically related activities in the involved sport in intercollegiate athletics beyond a 14-consecutive-day period, and has neither practiced with a noncollegiate amateur team nor engaged in organized noncollegiate amateur competition while enrolled as a full-time student in a collegiate institution. The 14-consecutive-day period begins with the date on which the student-athlete first engages in any countable athletically related activity (see Bylaw 17.02.1). The two-year period does not include any period of time before the student's initial collegiate enrollment.

14.5.5.2.8 Return to Original Institution Without Participation or With Minimal Participation Exception. The student transfers to a second four-year collegiate institution, does not compete at the second institution and does not engage in other countable athletically related activities in the involved sport at the second institution beyond a 14-consecutive-day period and returns to the original institution. The 14-consecutive-day period begins with the date on which the student-athlete first engages in any countable athletically related activity (see Bylaw 17.02.1). A student may use this exception even if the student has an unfulfilled residence requirement at the institution from which the student is transferring.

14.5.5.2.9 Nonrecruited or Nonscholarship Student Exception. The student transfers to the certifying institution and either of the following conditions are met:

(a) The student-athlete's previous institution does not provide athletically related financial aid in the sport and the student-athlete was not recruited by the previous institution (per Bylaw 13.02.15.1); or

(b) The student-athlete's previous institution provides athletically related financial aid in the sport and no athletically related financial aid was received by the student-athlete.

14.5.5.2.10 One-Time Transfer Exception. The student transfers to the certifying institution from another four-year collegiate institution, and all the following conditions are met (for postgraduate students, see Bylaw 14.6.1):

(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);

(b) At the time of transfer to the certifying institution (see Bylaw 14.5.2), the student would have been academically eligible had the student remained at the institution from which the student transferred, except that the student is not required to have fulfilled the necessary percentage-of-degree requirements at the previous institution;

(c) 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); and

(d) An undergraduate student must have provided written notification of transfer to the institution during a period specified for the applicable sport in Bylaw 13.1.1.3.1-(a) through (f) (see Figure 13-1), unless the student-athlete met an exception per Bylaw 13.1.1.3.1.1 or transferred from a non-Division I four-year collegiate institution (e.g., Division II, NAIA, foreign collegiate institution); and

(e) A student-athlete who will participate as postgraduate student at another institution must provide written notification of transfer to the institution by the following dates:

(1) Fall and winter sports: May 1, or by the end of the final period specified for the applicable sport in Bylaw 13.1.1.3.1, whichever occurs later.

(2) Spring sports: July 1, or by the end of the final period specified for the applicable sport in Bylaw 13.1.1.3.1, whichever occurs later.

14.5.5.2.10.1 Exceptions to Notification of Transfer Dates -- Postgraduate Student-Athletes.

14.5.5.2.10.1.1 Fall and Winter Sports. A student-athlete who participates in a fall or winter sport may provide written notification of transfer after May 1, or by the end of the final period specified for the applicable sport in Bylaw 13.1.1.3.1, whichever occurs later, 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.

14.5.5.2.10.1.2 Midyear Enrollees. A student-athlete who will enroll as a postgraduate student at another Division I institution at midyear 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 Head Coach Departure Prior to Initial Full-Time Enrollment Exception. The student transfers to the certifying institution from another four-year institution and the following conditions are met:

(a) The student has not previously enrolled as a full-time student in a regular term (semester or quarter) of a collegiate institution (see Bylaw 12.8.1.1); and

(b) The head coach at the student's previous institution left the institution after the student met a condition affecting transfer status (see Bylaw 14.5.2) and before the start of the next regular academic term (e.g., fall semester).

14.5.5.32 Competition in Year of Transfer. A transfer student from a four-year institution who has received a waiver of or qualifies for an exception to the transfer residence requirement (per Bylaw 14.5.5.2) satisfies the applicable four-year college transfer requirements (see Bylaw 14.5.5) shall not be eligible for competition in which the student-athlete's performance could be used for NCAA championship qualification or consideration if the student-athlete participated in competition at the previous four-year institution in the same sport in which the student-athlete's performance could have been used for NCAA championship qualification or consideration.

[14.5.5.3 renumbered as 14.5.5.2, unchanged.]

14.5.5.32.1 Receipt of Athletically Related Financial Aid in Year of Transfer -- Tennis. In tennis, in addition to the application of Bylaw 14.5.5.3, a transfer student from a four-year institution who enrolls at the certifying institution as a full-time student after the conclusion of the first term of the academic year and qualifies for an exception to the one-year residence requirement satisfies the applicable four-year college transfer requirements (see Bylaw 14.5.5) shall not be eligible for competition until the following academic year if the student has received athletically related financial aid during the same academic year from the previous four-year institution.

[14.5.5.3.1 renumbered as 14.5.5.2.1, unchanged.]

14.5.5.54 Baseball, Basketball and Softball -- Midyear Enrollee. In baseball, basketball and softball, a student-athlete who initially enrolls at the certifying institution as a full-time student after the conclusion of the first term of the academic year and qualifies for an exception to the one-year residence requirement satisfies the applicable four-year college transfer requirements (see Bylaw 14.5.5) shall not be eligible for competition until the ensuing academic year. (See Bylaw 14.6.1.1 for the application to graduate transfer student-athletes.)

14.5.5.5.1 Return to Original Institution -- Baseball and Softball. In baseball and softball, a midyear four-year college transfer student who qualifies for the return-to-original institution exception (see Bylaw 14.5.5.2.8) to the transfer residence requirement is not eligible for competition until the ensuing academic year.

14.5.5.54.21 Return to Original Institution Exception -- Basketball. In basketball, a midyear four-year college transfer student who qualifies for the return-to-the original institution exception (see Bylaw 14.5.5.2.8) to the transfer residence requirement  transfers to a second four-year collegiate institution, does not compete at the second institution and does not engage in other countable athletically related activities in the involved sport at the second institution beyond a 14-consecutive-day period and returns to the original institution is not subject to the restriction in Bylaw 14.5.5.54The 14-consecutive-day period begins with the date on which the student-athlete first engages in any countable athletically related activity (see Bylaw 17.02.1).

14.5.6 4-2-4 College Transfers. A student who transfers from a four-year college to a two-year college and then to the certifying institution shall complete one academic year of residence at the certifying institution prior to engaging in intercollegiate competition, unless:

[14.5.6-(a) through 14.5.6-(c) unchanged.]

14.5.6.1 Exceptions. A "4-2-4" transfer student who does not meet the requirements of Bylaw 14.5.6 is not subject to the residence requirement for intercollegiate competition if any of the following conditions are met:

(a) The student returns to the four-year college from which the student transferred to the two-year college, provided the student did not have an unfulfilled residence requirement satisfied the applicable four-year college transfer requirements at the time of the transfer from the four-year college (see Bylaw 14.5.5). The amount of time originally spent in residence at the first four-year college may be used by the student in completing the unfulfilled residence requirement at that institution;

[14.5.6.1-(b) unchanged.]

(c) The student qualifies for an exception to the two-year college transfer requirements (see Bylaw 14.5.4.7) and qualifies for the same exception to the four-year college transfer residence requirement (see Bylaw 14.5.5.2).

[14.5.6.2 through 14.5.6.10 unchanged.]

[14.6 unchanged.]

14.7 Additional Waivers for Eligibility Requirements. Conditions under which exceptions are permitted or waivers may be granted to specific eligibility requirements in this bylaw are noted in other sections of this bylaw.

[14.7.1 unchanged.]

14.7.2 Residence Requirement Waivers. The Committee for Legislative Relief may waive the one-year residence requirement for student-athletes under the following conditions or circumstances:

(a) For a student-athlete who transfers to a member institution after loss of eligibility due to a violation of the regulation prohibiting pay for participation in intercollegiate athletics (see Bylaw 12.1.2); a violation of recruiting regulations (see Bylaw 13.01.1); or for a student-athlete who transfers to a Division I institution after loss of eligibility due to involvement in a violation of the freshman or transfer eligibility requirements for financial aid, practice and competition set forth in Bylaws 14.3.1, 14.5.4, 14.5.5 and 14.5.6. These requirements may be waived only on a determination of the innocence or inadvertent involvement of the student-athlete in the violation;

(b) On the recommendation of the Committee on Infractions, for a student-athlete who transfers to a member institution to continue the student-athlete's opportunity for full participation in a sport because the student-athlete's original institution was placed on probation by the NCAA with sanctions that would preclude the institution's team in that sport from participating in postseason competition during all of the remaining seasons of the student-athlete's eligibility (see also Bylaw 13.1.1.3.5); and

(c) On the recommendation of the Committee on Academics, for a student-athlete who transfers to a member institution to continue the student-athlete's opportunity for full participation in a sport because the student-athlete's original institution is ineligible for postseason competition, pursuant to the Academic Performance Program, that would preclude the institution's team in that sport from participating in postseason competition during all of the remaining seasons of the student-athlete's eligibility, provided the student-athlete would have been academically eligible had the student-athlete remained at the original institution (see also Bylaw 13.1.1.3.6).

[14.8 through 14.9 unchanged.]

C.    Bylaws: Amend 14.6, as follows: (Immediate)

14.6 Graduate Student/Postbaccalaureate Postgraduate Student Participation. A student-athlete who is enrolled in a graduate or professional school of the same institution from which the student-athlete 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) A student-athlete who has previously received a baccalaureate degree may participate in intercollegiate athletics provided the student:

(a) Is enrolled in a graduate or professional school, a second baccalaureate or equivalent degree, or is continuing as a full-time student while taking course work that would lead to the equivalent of another major, degree or certificate program as defined and documented by the institution (see Bylaw 14.6.2);

(b) Has eligibility remaining and such participation occurs within the applicable five-year period set forth in Bylaw 12.8; and

(c) If the student initially enrolls at the certifying institution after attending a regular academic term as a full-time postgraduate student at another institution, the student would have been academically eligible to compete had the student remined at the institution where the student most recently attended class during a regular term as a full-time student.

14.6.1 Postgraduate Transfer Exceptions Competition in Year of Transfer. A student-athlete who is enrolled in an institution other than the institution from which the student-athlete 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 the student-athlete fulfills the conditions of an exception for transfers from four-year colleges set forth in Bylaw 14.5.5.2 A postgraduate student-athlete who initially enrolls at the certifying institution after the conclusion of the first term of the academic year shall not be eligible for competition in which the student-athlete's performance could be used for NCAA championship qualification or consideration if the student-athlete participated in competition at the previous four-year institution in the same sport in which the student-athlete's performance could have been used for NCAA championship qualification or consideration.

14.6.1.1 Receipt of Athletically Related Financial Aid in Year of Transfer -- Tennis. In tennis, in addition to the application of Bylaw 14.6.1, a transfer student from a four-year institution who enrolls at the certifying institution as a full-time student after the conclusion of the first term of the academic year and satisfies the applicable requirements for postgraduate student participation (see Bylaw 14.6) shall not be eligible for competition until the following academic year if the student has received athletically related financial aid during the same academic year from the previous four-year institution.

14.6.1.12 Baseball, Basketball and Softball -- Midyear Enrollee. In baseball, basketball and softball, a postgraduate transfer student-athlete who initially enrolls at the certifying institution as a full-time student after the conclusion of the first term of the academic year and qualifies for an exception for transfers from four-year colleges may be immediately eligible for competition, provided the student-athlete satisfies all other applicable eligibility requirements for postgraduate student-athletes (see Bylaw 14.6).

14.6.2 Full-Time Enrollment -- Requirements for Practice and Competition. To be eligible to participate in organized practice sessions and competition, a postgraduate student-athlete shall be enrolled in at least a minimum full-time program of studies as defined by the institution.

14.6.2.1 Eligibility Following Final Term. A postgraduate student-athlete who is eligible during the term in which degree work is completed (or is eligible as a postgraduate, per Bylaw 14.6) remains eligible for practice, regular-season competition that occurs after the term and any postseason event that begins within 60 days after the end of the term [including an academic year interim term (e.g., mini-term, J-term)] in which the student completes the requirements for the degree (or postgraduate eligibility). A postgraduate student-athlete who attends a quarter-system institution and who graduates at the end of the winter quarter may compete in any postseason event (and preceding regular-season competition) that occurs during the same academic year following the completion of the winter quarter.

14.6.3 Six-Hour Requirement for Postgraduate Student-Athletes. A student-athlete shall successfully complete a minimum of six semester or quarter hours of academic credit from course work that meets the postgraduate program requirements during each regular academic term in which the student is enrolled full time as a postgraduate student.  A postgraduate student-athlete who is enrolled in a specific program (e.g., graduate degree, second baccalaureate, certificate program) must earn six hours of academic credit applicable toward the designated program.

[14.6.2 renumbered as 14.6.4, unchanged.]

14.6.3 Eligibility Following Final Term. A student-athlete who is eligible during the term in which degree work is completed (or is eligible as a graduate, per Bylaw 14.6) remains eligible for practice, regular-season competition that occurs after the term and any postseason event that begins within 60 days after the end of the term [including an academic year interim term (e.g., mini-term, J-term)] in which the student completes the requirements for the degree (or graduate eligibility). A student-athlete who attends a quarter-system institution and who graduates at the end of the winter quarter may compete in any postseason event (and preceding regular-season competition) that occurs during the same academic year following the completion of the winter quarter.

14.6.45 Disciplinary Suspension. A postgraduate student who transfers to the certifying institution while disqualified or suspended from the previous institution for disciplinary reasons (as opposed to academic reasons) must complete one calendar year of residence at the certifying institution before the student may be eligible for competition.

D.    Bylaws: Amend 17.32, as follows: (Immediate)

17.32 Foreign Tours.

17.32.1 Institutional Tours. A member institution may participate in competition in any sport on foreign tours.

[17.32.1.1 through 17.32.1.3 unchanged.]

17.32.1.4 Eligibility of Student-Athletes for Competition. The eligibility of student-athletes for competition on the tour shall be governed by the following (see Bylaw 12.8.3.6):

[17.32.1.4-(a) unchanged.]

(b) If the tour takes place after preseason practice or the academic year has started, a student-athlete shall be regularly enrolled in the institution (see Bylaw 14.2.1.1) and eligible for intercollegiate competition. A transfer student-athlete from a two-year college who is subject to a transfer residence requirement is eligible to participate on a foreign tour, provided the student-athlete is otherwise eligible for competition and was academically eligible for competition at the previous institution upon leaving the institution.

17.32.1.4.1 Incoming-Student Eligibility for Competition -- Summer Prior to Initial Full-Time Enrollment at the Certifying Institution. It is permissible for an incoming student-athlete (freshman or transfer) to represent the institution in competition on a foreign tour that occurs during the summer prior to the student-athlete's initial full-time enrollment at the certifying institution, provided the student-athlete is eligible to represent the institution in intercollegiate competition during the academic year or regular term (see Bylaw 14.5.5) immediately following the tour. A transfer student-athlete from a two-year college who is subject to a transfer residence requirement is eligible to compete on a foreign tour, provided the student-athlete is otherwise eligible for competition and was academically eligible for competition at the previous institution upon leaving the institution.

[17.32.1.4.2 unchanged.]

[17.32.1.5 through 17.32.1.10 unchanged.]

[17.32.2 unchanged.]

Source: Division I Council (Transfer Advisory Panel)

Effective Date:
  Section A: Effective immediately, except postgraduate student-athletes in the following sports have until May 1, 2024 to provide written notification of transfer prior to the 2024 fall term: football, women's ice hockey, rifle, skiing, women's swimming and diving and indoor track and field.
  Sections B, C, D: Immediate

Proposal Category: Amendment

Topical Area: Academic Eligibility

Rationale: Current legislation requires an undergraduate four-year college transfer student-athlete to serve an academic year of residence following transfer unless the student-athlete qualifies for a transfer exception, regardless of whether the student-athlete is otherwise academically eligible to compete. This proposal would eliminate the default year of residence requirement and align a student-athlete's transfer eligibility with existing academic eligibility requirements. This new model ties a student-athlete's eligibility to compete to maintaining an overall academic record that keeps the student-athlete on a path to graduation within five years regardless of the number of times the student-athlete has transferred. This proposal also updates the notification of transfer process based on the elimination of the transfer year of residence requirement to ensure a student-athlete still provides notice an institution by the conclusion of the applicable notification of transfer window. Lastly, the postgraduate eligibility legislation is updated to reflect the elimination of the undergraduate four-year college transfer exceptions and provide a consistent approach to eligibility for a postgraduate student-athlete regardless of whether the student-athlete remains at the institution from which an undergraduate degree was earned or the student-athlete enrolls at another institution.

Estimated Budget Impact: None.

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

History

Apr 18, 2024: Adopted by Council Adopted as emergency legislation.
Apr 18, 2024: Adopted Final
Apr 22, 2024: Ratified by Board

Legislative References

Division Number Title
I 13.1.1.3 Four-Year College Prospective Student-Athletes.
I 13.1.1.3.1 Notification of Transfer -- Undergraduate Student-Athletes.
I 13.1.1.3.1.1 Exceptions.
I 13.1.1.3.1.1.1 Head Coach Departure or Athletics Aid Reduction, Cancellation or Nonrenewal.
I 13.1.1.3.1.1.2 Four-Year College Transfer Exceptions Other Than One-Time Transfer Exception.
I 13.1.1.3.2 Notification of Transfer -- Postgraduate Student-Athletes.
I 13.1.1.3.2.1 Exceptions.
I 14 Academic Eligibility
I 14.02 Definitions and Applications.
I 14.02.6 Exception.
I 14.02.11 Residence.
I 14.02.11.1 Academic Year of Residence.
I 14.2 Full-Time Enrollment.
I 14.2.2 Requirement for Competition.
I 14.2.2.1 Exceptions.
I 14.2.2.1.5 Graduate Program.
I 14.4 Progress-Toward-Degree Requirements.
I 14.4.3 Eligibility for Competition.
I 14.4.3.6 Exceptions to Progress-Toward-Degree Rule.
I 14.5 Transfer Regulations.
I 14.5.1 Residence Requirement -- General Principle.
I 14.5.1.1 Fulfillment of Residence Requirement in Night School.
I 14.5.1.3 Outside Competition -- Not a Qualifier.
I 14.5.1.4 Eligibility for Championship in Progress.
I 14.5.1.5 Foreign Institution Transfers.
I 14.5.1.5.1 Bona Fide International Exchange Student Exception.
I 14.5.2 Conditions Affecting Transfer Status.
I 14.5.5 Four-Year College Transfers.
I 14.5.5.1 General Rule.
I 14.5.5.1.1 Attendance for One Academic Year.
I 14.5.5.1.2 Attendance for Less Than One Academic Year.
I 14.5.5.1.3 Competition on a Foreign Tour.
I 14.5.5.2 Exceptions for Transfers From Four-Year Colleges.
I 14.5.5.2.1 Educational Exchange Exception.
I 14.5.5.2.2 Exchange Student Exception.
I 14.5.5.2.3 Discontinued Academic Program Exception.
I 14.5.5.2.4 International Student Program Exception.
I 14.5.5.2.5 Military Service Exception.
I 14.5.5.2.5.1 Collegiate Enrollment Concurrent With Military Service.
I 14.5.5.2.6 Discontinued/Nonsponsored Sport Exception.
I 14.5.5.2.6.1 Original Institution.
I 14.5.5.2.7 Two-Year Nonparticipation or Minimal Participation Exception.
I 14.5.5.2.8 Return to Original Institution Without Participation or With Minimal Participation Exception.
I 14.5.5.2.9 Nonrecruited or Nonscholarship Student Exception.
I 14.5.5.2.10 One-Time Transfer Exception.
I 14.5.5.2.10.1 Exceptions to Notification of Transfer Dates -- Postgraduate Student-Athletes.
I 14.5.5.2.10.1.1 Fall and Winter Sports.
I 14.5.5.2.10.1.2 Midyear Enrollees.
I 14.5.5.2.11 Head Coach Departure Prior to Initial Full-Time Enrollment Exception.
I 14.5.5.3 Competition in Year of Transfer.
I 14.5.5.3.1 Receipt of Athletically Related Financial Aid in Year of Transfer -- Tennis.
I 14.5.5.5 Baseball, Basketball and Softball -- Midyear Enrollee.
I 14.5.5.5.1 Return to Original Institution -- Baseball and Softball.
I 14.5.5.5.2 Return to Original Institution -- Basketball.
I 14.5.6 4-2-4 College Transfers.
I 14.5.6.1 Exceptions.
I 14.6 Graduate Student/Postbaccalaureate Participation.
I 14.6.1 Postgraduate Transfer Exceptions.
I 14.6.1.1 Baseball, Basketball and Softball -- Midyear Enrollee.
I 14.6.1.1 Receipt of Athletically Related Financial Aid in Year of Transfer -- Tennis.
I 14.6.2 Full-Time Enrollment -- Requirements for Practice and Competition.
I 14.6.2.1 Eligibility Following Final Term.
I 14.6.3 Eligibility Following Final Term.
I 14.6.3 Six-Hour Requirement for Postgraduate Student-Athletes.
I 14.6.4 Disciplinary Suspension.
I 14.7 Additional Waivers for Eligibility Requirements.
I 14.7.2 Residence Requirement Waivers.
I 17.32 Foreign Tours.
I 17.32.1 Institutional Tours.
I 17.32.1.4 Eligibility of Student-Athletes for Competition.
I 17.32.1.4.1 Incoming-Student Eligibility for Competition -- Summer Prior to Initial Full-Time Enrollment at the Certifying Institution.
References