Status: Adopted Final
Intent: To permit scheduled or completed contests or dates of competition to be used in the calculation of the hardship waiver, the season-of-competition waiver for competition while ineligible and the season-of-competition waiver for competition while eligible.
A. Bylaws: Amend 14.2.4, pages 144-145, as follows:
"14.2.4 Hardship Waiver. A student-athlete may be granted an additional year of competition by the conference or the Academics/Eligibility/Compliance Cabinet 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:"
[14.2.4-(a) and 14.2.4-(b) unchanged.]
"(c) The injury or illness occurs when the student-athlete has not participated in more than two contests or dates of competition (whichever is applicable to that sport) or 20 percent (whichever number is greater) of the institution's scheduled or completed contests or dates of competition in his or her sport. Only scheduled or completed competition (including exempted events except for scrimmages and exhibition contests identified as such in the legislation) 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.
[14.2.4.1 through 14.2.4.2 unchanged.]
"14.2.4.3 Criteria for Administration of Hardship Waiver. The following criteria are to be employed in the administration of the hardship waiver:
"14.2.4.3.1 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.
[14.2.4.3.1 through 14.2.4.3.2, renumbered as 14.2.4.3.2 and 14.2.4.3.3, unchanged.]
"14.2.4.3.
34 First-Half-of-Season Calculation. In determining if an injury or illness occurs in the first half of the season that concludes with the NCAA championship in a sport with an odd number of scheduled or completed 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 football schedule would be considered to be after the first half of the institution's season would not qualify the student-athlete for a hardship waiver).[14.2.4.3.4 renumbered as 14.2.4.3.5, unchanged.]
"14.2.4.3.
56 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 14.2.4 and 14.2.4.3.5 apply only to the waiver provisions of this section and do not apply to the maximum- and minimum-contests requirements in Bylaw 20.)"14.2.4.3.
56.1 Denominator in Percent Computation. 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 14.2.4.-(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 14.2.4.3.56.3.) An institution participating in a single-elimination event (e.g., preseason NIT) 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.[14.2.4.3.5.2 , renumbered as 14.2.4.3.6.2, unchanged.]
"14.2.4.3.
56.3 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 games involved in the championship. However, the purposes of this regulation, the calculation of scheduled or completed contests or dates of competition in a particular season does not include postseason competition conducted subsequent to the completion of the institution's regular-season schedule and conference tournament."[Remainder of 14.2.4 unchanged.]
B. Bylaws: Amend 14.2.5, page 146, as follows:
"14.2.5 Season-of-Competition Waiver -- Competition While Ineligible. In conjunction with a request for restoration of eligibility and any conditions imposed thereon per Bylaw 14.12, 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:
[14.2.5-(a) and 14.2.5-(b) unchanged.]
"(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 his or her sport. 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 completed events during that season (both segments) in the sport;"
[14.2.5-(d) and 14.2.5-(e) unchanged.]
"14.2.5.1 Administrative Criteria. The following criteria shall be employed in the administration of the season-of-competition waiver:
"14.2.5.1.1 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."
[14.2.5.1.1 renumbered as 14.2.5.1.2, unchanged.]
C. Bylaws: Amend 14.2.6, page 146, as follows:
"14.2.6 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 when,
due to a coach's documented misunderstanding of the legislation or extenuating
circumstances, per Bylaw 14.2.6.2, the student-athlete, while eligible,
participated in a designated amount of competition. In cases where a
student-athlete does not meet the circumstances listed in Bylaws 14.2.6.12
or
14.2.6.23, the Committee on Student-Athlete Reinstatement shall have authority to
review and grant waivers based on additional documented extenuating
circumstances.
"14.2.6.1 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.
"14.2.6.
12 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 season contests based on the coach's documented misunderstanding of NCAA legislation and the competition occurred under the following conditions:[14.2.6.1-(a) through14.2.6.1-(b) renumbered as 14.2.6.2-(a) through 14.2.6.2-(b), unchanged.]
"(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 contests. All competition (including scrimmage) against outside participants shall be countable under this limitation in calculating both the number of contests or dates of competition in which the student-athlete participated and the number of contests or dates of competition during that season (both segments) in the sport."
[14.2.6.1.1 renumbered as 14.2.6.2.1, unchanged.]
"14.2.6.
23Extenuating Circumstances. Extenuating circumstances include, but are not limited to, the following:[14.2.6.2-(a) through 14.2.6.2-(c) renumbered as 14.2.6.3-(a) through 14.2.6.3-(c), unchanged.]
"14.2.6.
23.1 Conditions of Competition. The competition must have occurred under all of the following conditions:[14.2.6.2.1-(a) renumbered as 14.2.6.3.1, unchanged.]
"(b) The student-athlete did not compete in more than two events
contests or dates of competition (whichever is applicable to that sport)or 20 percent (whichever number is greater) of the institution's scheduled or completed contests. All competition (including a scrimmage) against outside participants shall be countable under this limitation in calculating both the number of contests or dates of competition in which the student-athlete participated and the number of contests or dates of competition during that season (both segments) in the sport."
[Remainder of 14.2.6 unchanged.]
Source: NCAA Division I Board of Directors [Management Council (Academics/Eligibility/Compliance Cabinet) (Committee on Student-Athlete Reinstatement)].
Effective Date:Immediate (to be applied retroactively).
Proposal Category: Amendment
Topical Area: Eligibility
Rationale: Currently, there is an inconsistency between hardship waivers and season of competition waivers. Hardship waivers are calculated based on scheduled dates of competition, while season of competition waivers are based on completed dates of competition. The hardship waiver was amended a few years ago from completed to scheduled contests with the purpose of bringing clarity to injured student-athletes uncertain as to whether they will be granted a medical-hardship waiver until the end of the playing season. Additionally, measuring the first half of the playing season by the number of scheduled contests (as set prior to the first scheduled contest or date of competition) will eliminate inequitable results that occur when games are cancelled due to inclement weather, power outages and other forces of nature. Some instances, however, have arisen where the use of completed contests would prove more beneficial to the student-athlete. This proposal will permit student-athletes applying for either waiver to use the calculation method most beneficial to their situation. Further discussion at the cabinet's June meeting revealed reasons that the proposal should be forwarded to the Management Council for consideration as noncontroversial legislation during its July 2005 meeting. The proposal is noncontroversial as it seeks to remedy an inconsistency between various waivers using scheduled or completed contests. Moreover, if it remains in the regular legislative cycle, the Management Council would not consider this legislation, which will benefit student-athletes, until January 2006. Lastly, in the interim, the Committee on Student-Athlete Reinstatement has instructed the staff to grant all waivers that meet the requirements of this proposed change.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
Apr 28, 2005: | Submit; Submitted by the NCAA Division I Academics/Eligibility/Compliance Cabinet for consideration in the 2005-06 legislative cycle. |
Jun 3, 2005: | Academic/Eligibility/Compliance Cabinet; The cabinet unanimously recommends that the Management Council support proposal as noncontroversial legislation. |
Jul 18, 2005: | Mgmt Council 1st Review; Management Council approved legislation as noncontroversial with amendment indicating that proposal can be applied retroactively and that scheduled or completed contests must be calculated consistently within the applicable waiver request. |
Aug 4, 2005: | Adopted, Pending Possible Board Review, Adopted; Adopted the proposal as noncontroversial legislation. (Unanimous Voice Vote) |
Aug 4, 2005: | Adopted, Override Period; Start of Override Period |
Oct 3, 2005: | Adopted, Override Period; End of Override Period |
Oct 3, 2005: | Adopted; Adopted-Final. |
Legislative References
Division | Number | Title |
---|---|---|
I | 12.8 | Seasons of Competition: Five-Year Rule. |
I | 12.8.4 | Hardship Waiver. |
I | 12.8.6 | Season-of-Competition Waiver -- Competition While Eligible. |