LSDBi
Status: Adopted Final
Intent: To specify that if a student-athlete receives athletically-related financial aid in the academic year of his or her initial full-time enrollment at the certifying institution, athletics ability, performance or contribution to a team's success; an injury, illness or physical or mental medical condition; or any other athletics reason shall not be considered in the reduction or nonrenewal of athletically related financial aid for the following academic year or years of the student-athlete's five-year period of eligibility.
Bylaws: Amend 15.3, as follows:
15.3 Terms and Conditions of Awarding Institutional Financial Aid.
[15.3.1 unchanged.]
15.3.2 Terms of Institutional Financial Aid Award. [A]
[15.3.2.1 through 15.3.2.2 unchanged.]
15.3.2.3 Hearing Opportunity. [A] The institution's regular financial aid authority shall notify the student-athlete in writing of the opportunity for a hearing when institutional financial aid based in any degree on athletics ability is to be reduced or canceled during the period of the award, or is reduced or not renewed for the following academic year or multiple academic years within the student-athlete's five-year period of eligibility. The institution shall have established reasonable procedures for promptly hearing such a request and shall not delegate the responsibility for conducting the hearing to the university's athletics department or its faculty athletics committee. The written notification of the opportunity for a hearing shall include a copy of the institution's established policies and procedures for conducting the required hearing, including the deadline by which a student-athlete must request such a hearing.
[15.3.2.3.1 through 15.3.2.3.2 unchanged.]
[15.3.3 unchanged.]
15.3.4 Reduction or, Cancellation During Period of Award or Nonrenewal of Institutional Financial Aid. [A]
15.3.4.1 Increase Permitted. [A] Institutional financial aid may be increased for any reason at any time.
15.3.4.21 Reduction or, Cancellation or Nonrenewal Permitted. [A] Institutional financial aid based in any degree on athletics ability 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:
(a) Renders himself or herself ineligible for intercollegiate competition;
(b) Fraudulently misrepresents any information on an application, letter of intent or financial aid agreement (see Bylaw 15.3.4.21.32);
(c) Engages in serious misconduct warranting substantial disciplinary penalty (see Bylaw 15.3.4.2.4), as determined by the institution's regular student disciplinary authority; or
(d) Voluntarily (on his or her own initiative) withdraws from a sport at any time for personal reasons; however, the recipient's financial aid may not be awarded to another student-athlete in the academic term in which the aid was reduced or canceled. A student-athlete's request for written permission to contact another four-year collegiate institution regarding a possible transfer does not constitute a voluntary withdrawal; or
(e) Violates a nonathletically related condition outlined in the financial aid agreement or violates a documented institutional rule or policy (e.g., academics policies or standards, athletics department or team rules or policies).
[15.3.4.2.1 renumbered as 15.3.4.1.1, unchanged.]
15.3.4.2.2 Nonathletically Related Conditions. [A] An institutional financial aid agreement 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.
15.3.4.21.32 Fraudulent Misrepresentation. [A] If a student-athlete 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.
15.3.4.2.4 Misconduct. [A] An institution may cancel or reduce the financial aid of a student-athlete 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.
[15.3.4.2.5 renumbered as 15.3.4.1.3, unchanged.]
15.3.4.32 Reduction or Cancellation Not Permitted -- During the Period of the Award. [A] Institutional financial aid based in any degree on athletics ability may not be reduced or canceled during the period of its award:
(a) On the basis of a student-athlete's athletics ability, performance or contribution to a team's success;
(b) Because of an injury, illness, or physical or mental medical condition (except as permitted pursuant to Bylaw 15.3.4.21); or
(c) For any other athletics reason.
[15.3.4.3.1 through 15.3.4.3.2 renumbered as 15.3.4.2.1 through 15.3.4.2.2, unchanged.]
15.3.4.3 Reduction or Nonrenewal Not Permitted -- After the Period of the Award. [A] If a student-athlete receives athletically related financial aid in the academic year of his or her initial full-time enrollment at the certifying institution, the following factors shall not be considered in the reduction or nonrenewal of such aid for the following academic year or years of the student-athlete's five-year period of eligibility:
(a) A student-athlete's athletics ability, performance or contribution to a team's success (e.g., financial aid contingent upon specified performance or playing a specific position);
(b) An injury, illness, or physical or mental medical condition; or
(c) Any other athletics reason.
15.3.5 Increase Permitted. Institutional financial aid may be increased for any reason at any time. [A]
15.3.56 Renewals and Nonrenewals. [A]
15.3.56.1 Institutional Obligation. [A] The renewal of institutional financial aid based in any degree on athletics ability shall be made on or before July 1 prior to the academic year in which it is to be effective. The institution shall promptly notify in writing each student-athlete who received an award the previous academic year and who has eligibility remaining in the sport in which financial aid was awarded the previous academic year (under Bylaw 12.8) whether the grant has been renewed or not renewed for the ensuing academic year or multiple academic years within the student-athlete's five-year period of eligibility. Notification of financial aid renewals and nonrenewals must come from the institution's regular financial aid authority and not from the institution's athletics department.
[15.3.5.2 renumbered as 15.3.6.2, unchanged.]
Source: Atlantic Coast Conference
Effective Date:August 1, 2015; applicable to new awards of athletically related financial aid by which the aid is provided during the 2015-16 academic year and thereafter.
Proposal Category: Amendment
Topical Area: Financial Aid
Rationale: Current legislation prohibits an institution from reducing or canceling a student-athlete's financial aid during the period of the award on the basis of an injury or illness or for athletics reasons (e.g., ability, performance, contribution to the team). However, financial aid may be reduced or not renewed at the end of the period of the award at the institution's discretion. This proposal would provide additional protection for a student-athlete who receives athletics aid in the academic year of his or her initial enrollment by specifying that financial aid may only be reduced or not renewed at the end of the period of the award on the same bases by which it may be reduced or canceled during the period of the award. Finally, consistent with current practice, it will remain permissible for an institution to cancel or not renew a student-athlete's athletics aid if he or she does not meet institutional and/or team policies.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Dec 1, 2014: | Submit; Submitted for consideration. |
| Dec 15, 2014: | Comment Period; Start of Comment Period |
| Jan 9, 2015: | Sponsor Modification; Sponsor modified the proposal to apply only to a student-athlete who receives athletically related financial aid in the academic year of his or her initial full-time enrollment at the certifying institution. |
| Jan 12, 2015: | Comment Period; End of Comment Period (Official Comment Totals: Support = 1, Oppose = 0, Abstain = 0) |
| Jan 17, 2015: | Adopted; Adopted - Final |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 15.3 | Terms and Conditions of Awarding Institutional Financial Aid. |