NCAA LSDBi

Division II Proposal - 2017-17

ELIGIBILITY -- SEASONS OF COMPETITION: 10-SEMESTER/15-QUARTER RULE -- HARDSHIP WAIVER -- SEASON-OF-COMPETITION WAIVER -- COMPETITION WHILE ELIGIBLE

Convention Year: 2017

Date Submitted: February 29, 2016

Status: Adopted Final

Effective Date: August 1, 2017, for any incapacitating injury or illness, or other extenuating circumstance occurring on or after August 1, 2017.

Official Notice Number: 2017-17

Source: NCAA Division II Presidents Council [Management Council (Committee on Student-Athlete Reinstatement)]

Proposal Category: Presidents Council

Topical Area: Eligibility

Intent: To increase the maximum number of contests or dates of competition in which a student-athlete may participate and remain eligible for a hardship waiver or season of competition while eligible waiver to three contests or dates of competition or 30 percent of the maximum number of permissible contests or dates of competition set forth in Bylaw 17 in the sport; further, to specify that the student-athlete's participation must occur prior to the first competition of the second half of the playing season that concludes with the NCAA championship in that sport.

A.    Bylaws: Amend 14.2.5, as follows:

[Roll Call]

14.2.5 Hardship Waiver. A student-athlete may be granted an additional year of competition by the conference or the Committee on Student-Athlete Reinstatement 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:

[14.2.5-(a) unchanged.]

(b) The injury or illness occurs prior to the first competition of the second half of the playing season that concludes with the NCAA championship in that sport (see Bylaw 14.2.5.2.3) and results in an incapacity to compete for the remainder of that playing season; and

(c) The injury or illness occurs when the student-athlete has not participated in more than two three contests or dates of competition (whichever is applicable to that sport), 20 percent of the institution's completed contests or dates of competition or 20 30 percent of the maximum permissible number of contests or dates of competition set forth in Bylaw 17 in his or her sport (see Bylaw 14.2.5.2.35.1.1 for information regarding percent calculation in track and field). Competition (excluding scrimmages and exhibition contests per Bylaw 17 in the applicable sport) 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.

[14.2.5.1 unchanged.]

14.2.5.2 Criteria for Administration of Hardship Waiver. The following criteria are to be employed in the administration of the hardship waiver:

[14.2.5.2.1 through 14.2.5.2.2 unchanged.]

14.2.5.2.3 First-Half-of-Season Calculation. The first half of the season is measured by the maximum permissible number of contests or dates of competition set forth in Bylaw 17 in the sport.  In determining if an injury or illness occurs prior to the first competition of the second half of the season that concludes with the NCAA championship in a sport with an odd number of contests or dates of competition, the injury or illness must have occurred prior to the beginning of the 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 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).

14.2.5.2.3.1 Contests or Dates of Competition Based on Championship Selection. In sports in which the playing season is divided into two segments, but championship selection is based on competition throughout the season (e.g., golf and tennis), the first half of the season shall be measured by the Bylaw 17 maximum for the entire season (e.g., nonchampionship and championship segments).  In sports in which the playing season may be divided into two segments but the championship selection is based on competition during only one segment of the season (e.g., spring baseball, fall soccer), the first half of the season shall be measured by the maximum number of contests or dates of competition set forth in Bylaw 17 for the championship segment.

14.2.5.2.3.2 First-Half-of-Season Calculation -- Track and Field. For an institution that sponsors both indoor and outdoor track and field, the first half of the season calculation for indoor and outdoor track and field shall be based on the institution's number of completed varsity dates of competition in the respective season. For example, if the institution completes six dates of competition in indoor track, the injury or illness must have occurred prior to the beginning of the fourth date of competition. For an institution that sponsors only indoor track and field or outdoor track and field, but not both, and a student-athlete who only competes in indoor track and field or outdoor track and field, but not both, the first half of the season shall be measured by the maximum number of dates of competition set forth in Bylaw 17.

14.2.5.2.4 Reinjury in Second Half of Season. A student-athlete who suffers an injury in the first half of the season that concludes with the NCAA championship, attempts to return to competition during the second half of that season and then is unable to participate further as a result of aggravating the original injury does not qualify for the hardship waiver.

14.2.5.2.35 Percent Calculation. The following requirements apply in determining the percent calculation under this waiver provision: (Note: The percent calculation requirements set forth in Bylaws 14.2.5-(c) and 14.2.5.2.3 apply only to the waiver provisions of this section and do not apply to the maximum- and minimum-contests requirements in Bylaws 17 and 20.)

14.2.5.2.35.1 Denominator in Percent Computation. The denominator in the percent calculation shall be based on the institution's number of completed varsity contests or dates of competition or the maximum number of contests or dates of competition set forth in Bylaw 17 for the applicable sport. If the number of completed contests or dates of competition is used, exempted events in Bylaw 17 are included in the percent calculation, except for discretionary exemptions in the applicable sport.

[14.2.5.2.3.1.1 renumbered as 14.2.5.2.5.1.1, unchanged.]

[14.2.5.2.3.2 renumbered as 14.2.5.2.5.2, unchanged.]

14.2.5.2.3.5.3 NCAA Postseason Competition. For purposes of the percent calculation, postseason competition conducted after the completion of the institution's regular-season schedule and conference tournament shall not be included.

14.2.5.2.3.4 NCAA Regional Cross Country Meet. The NCAA regional cross country meet may be counted as one date of competition in determining the institution's scheduled or completed dates of competition, provided no qualifying standards exist for participation in the meet.

[14.2.5.2.4 through 14.2.5.2.5 renumbered as 14.2.5.2.6 through 14.2.5.2.7, unchanged.]

B.    Bylaws: Amend 14.2.7, as follows:

[Roll Call]

14.2.7 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 extenuating circumstances (per Bylaw 14.2.7.1.2), the student-athlete, while eligible, did not compete in more than two three contests or dates of competition (whichever is applicable to that sport) or 20 30 percent (whichever number is greater) of the institution's scheduled or completed contests or dates of competition maximum permissible number of contests or dates of competition set forth in Bylaw 17. The competition must occur prior to the first competition of the second half of the playing season that concludes with the NCAA championship in that sport. 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 the institution's scheduled or completed contests or dates of competition during that season (both segments) in the sport.

14.2.7.1 Administrative Criteria. The following criteria shall be employed in the administration of this season-of-competition waiver:

14.2.7.1.1 Twenty Thirty Percent Calculation. The requirements specified in Bylaw 14.2.6.2.1 shall apply to the 20 30 percent calculation specified in this waiver.

14.2.7.1.2 First-Half-of-Season Requirement. The first-half-of-season requirements specified in Bylaw 14.2.5.2.3 shall apply to the first-half-of season requirement specified in this waiver.

[14.2.7.1.2 and 14.2.7.1.3 renumbered as 14.2.7.1.3 and 14.2.7.1.4, unchanged.]

Rationale: Currently, a student-athlete may be granted an additional season of competition by a conference, the NCAA student-athlete reinstatement staff or NCAA Division II Committee on Student-Athlete Reinstatement when, due to incapacitating injury or illness or extenuating circumstances, the student-athlete participated in fewer than two contests or dates of competition or less than 20 percent of the sport season. It is in the best interest of student-athlete well-being to increase the maximum amount of competition to three contests or dates of competition or 30 percent of the season. If a student-athlete has competed in more than three contests or dates of competition or 30 percent of the season, he or she has had a more meaningful opportunity to compete for a significant part of the season. Further, by adding the first half of the playing season requirement, this brings the legislation in all three divisions much closer to alignment. Finally, the first half of the season requirement will minimize abuse by ensuring that a student-athlete who is able to participate through almost the entire season is not eligible for a medical hardship waiver or season-of-competition waiver -- competition while eligible.

Co-sponsorship - Conference:
  None

Co-sponsorship - Institution:
  None

Position Statement(s):
  None

Review History:

Nov 2, 2015:
Recommends Approval - Committee on Student-Athlete Reinstatement.
Jan 13, 2016:
Approved in Concept - Management Council.
Jan 14, 2016:
Approved in Concept - Presidents Council
Apr 19, 2016:
Approved in Legislative Format - Management Council.
Apr 28, 2016:
Approved in Legislative Format - Presidents Council
May 15, 2016:
Recommends Modifications - Committee on Student-Athlete Reinstatement.
Jul 19, 2016:
Approved in Legislative Format - Management Council.
Aug 4, 2016:
Approved in Legislative Format - Presidents Council

Additional Information:

Question No. 1:  What is a medical hardship waiver?

Answer:  A student-athlete may be granted a medical hardship waiver due to an incapacitating injury or illness that prevents the student-athlete from participating in the remainder of a season in which the student-athlete has already triggered the use of a season of competition.

Question No. 2:  What is a season-of-competition while eligible waiver?

Answer:  A student-athlete may be granted a season-of-competition while eligible waiver due to an extenuating circumstance (e.g., life-threatening injury or illness to an immediate family member, extreme financial difficulties) that prevents the student-athlete from participating in the remainder of a season after the student-athlete has already triggered the use of a season of competition.

Question No. 3:  What are the current requirements to qualify for a medical hardship waiver or a season of competition – competition while eligible waiver?    

Answer:  In order to be eligible for either waiver, a student-athlete cannot have participated in more than two contests or dates of competition (whichever is applicable to that sport), 20 percent of the institution's completed contests or dates of competition or 20 percent of the maximum number of permissible contests or dates of competition set forth in Bylaw 17 in that sport. This competition can take place at any point in the season.

Question No. 4:  If the proposal is adopted, how does an institution determine whether a student-athlete satisfies the criteria for a medical hardship waiver?  

Answer:  Institutions would use the information in the chart on page 59 when determining whether a student-athlete satisfies the criteria for a medical hardship waiver. The chart outlines the first half of the playing season, the denominator and the maximum amount of competition in which a student-athlete can participate and remain eligible for a medical hardship waiver.

Question No. 5:  If the proposal is adopted, when would the new criteria become effective?

Answer:  The new criteria would be effective for any injury, illness or extenuating circumstance that occurs on or after August 1, 2017. Any injury, illness or extenuating circumstance that occurs prior to August 1, 2017 would be evaluated under the current legislation.

Convention Vote:
  Date of Vote: January 21, 2017
    For: 251
    Against: 56
    Abstain: 0
    Not Present:

Legislative References

Division Number Title
II 14.2.5 Hardship Waiver.
II 14.2.7 Season-of-Competition Waiver -- Competition While Eligible.
II 14.2.7.1 Administrative Criteria.
II 14.2.7.1.1 Twenty Percent Calculation.