NCAA LSDBi

Division I Proposal - 2007-61-1

ELIGIBILITY -- SEASONS OF COMPETITION -- HARDSHIP WAIVER -- CALCULATION IN INDIVIDUAL SPORTS -- EXEMPTED EVENTS

Status: Adopted Final

Intent: In individual sports, to specify that the first half of the season calculation for the hardship waiver is based on the number of days an institution declares in the season that concludes with the NCAA championship 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; further, to specify that dates of competition that are exempted from the maximum permissible number of dates of competition do not count toward the number of dates used by the student-athlete.

Bylaws: Amend Proposal No. 2007-61, Bylaw 14.2.4, 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) unchanged.]

(b) The injury or illness occurs prior to the completion of the first competition of the second half of the playing season that concludes with the NCAA championship in that sport (see Bylaw 14.2.4.3.4) and results in incapacity to compete for the remainder of that playing season; and

(c) The 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 his or her sport.  Only scheduled or completed competition (including exempted events but excluding 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; 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 U.S.) from the maximum permissible number of dates of competition do not count toward the number of dates in which the student-athlete has participated.

[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 through 14.2.4.3.3 unchanged.]

14.2.4.3.4 First-Half-of-Season Calculation.

14.2.4.3.4.1 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 in the first 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 football 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).

14.2.4.3.4.2 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 the 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 (e.g., institutional vacation period in which no practice or competition occurs). 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. The injury or illness must have precluded further competition prior to the date that starts the second half of the season (e.g., an injury or illness preventing competition after the beginning of the 51st day of a 100-day playing season 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).

[14.2.4.3.5 unchanged.]

14.2.4.3.6 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 14.2.4.3.6 apply only to the waiver provisions of this section and do not apply to the maximum- and minimum-contests requirements in Bylaw 20.

14.2.4.3.6.1 Denominator in Percent Computation.

14.2.4.3.6.1.1 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 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 Bylaws 14.2.4-(c) and 14.2.4.3.6.3.] 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.

14.2.4.3.6.1.2 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 holds a championship event in the applicable sport. For institutions that sponsor both indoor and outdoor track and field, the denominator for indoor track and field shall be 10 9 plus one date for a conference championship, if applicable, and the denominator for outdoor track and field shall be 10 9, plus one date for a conference championship, if applicable.

Source: Ivy Group.

Effective Date:Immediate; may be applied retroactively.

Proposal Category: Amendment-to-Amendment

Topical Area: Eligibility

Rationale: This amendment is intended to clarify the application of the percentage of participation calculation and that dates of competition that are exempted per Bylaw 17 (e.g., alumni contests, foreign team in U.S.) from the maximum permissible number of dates of competition do not count toward the number of dates used by the student-athlete. The intent of the immediate effective date is that this legislation could apply retroactively, provided the student-athlete has eligibility remaining in his or her five-year period of eligibility (or an approved extension of the five-year period). However, in a case in which a waiver is requested for a season which occurred under the previous legislation and such legislation would be more beneficial to the student-athlete, it should be applied to the student-athlete's benefit.

Estimated Budget Impact: None.

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

History

Mar 14, 2008: Submit; Submitted for consideration.
Apr 14, 2008: Mgmt Council 1st Review, Approved
Apr 24, 2008: Adopted, Pending Possible Board Review, Adopted
Apr 25, 2008: Adopted, Override Period; Start of Override Period
Jun 23, 2008: Adopted, Override Period; End of Override Period (Number of Override Requests = 1)
Jun 23, 2008: Adopted; Adopted - Final

Legislative References

Division Number Title
I 12.8.4 Hardship Waiver.
I 12.8.4.3 Criteria for Administration of Hardship Waiver.
I 12.8.4.3.4 First-Half-of-Season Calculation.
I 12.8.4.3.6 Percent Calculation.
I 12.8.4.3.6.1 Denominator in Percent Computation.
References