NCAA LSDBi

Division I Proposal - 2003-7

FINANCIAL AID -- INITIAL COUNTERS -- MEN'S BASKETBALL

Status: Defeated Final

Intent: In men's basketball, to specify that beginning with the 2003-04 academic year, an institution shall qualify for an additional initial counter to be used not more than once within a two-year period, if a student-athlete's institutional aid is not renewed for legitimate reasons.

Bylaws: Amend 15.5.4.1, pages 207-209, as follows:

"15.5.4.1.2 Additional Initial Counter -- Academic Progress. Beginning with the 2003-04 academic year, an institution shall qualify for an additional initial counter to be used within a two-year period, if during a given academic year, the number of initial counters who successfully graduate combined with the number of initial counters who depart the institution but are making appropriate progress to graduate within five years after initial full-time collegiate enrollment exceeds the number of initial counters awarded by an institution during that year.

[15.5.4.1.2.1 unchanged.]

"15.5.4.1.3 Additional Initial Counter -- Financial Aid Not Renewed. Beginning with the 2003-04 academic year, an institution shall qualify for an additional initial counter to replace a student-athlete whose institutional financial aid has not been renewed. The institution may qualify for the additional initial counter not more than once in a two-year period.   (See Bylaw 15.3.5 for additional requirements relating to nonrenewal of institutional financial aid.)

"15.5.4.1.3.1 Grounds for Nonrenewal. To qualify for an additional initial counter, the institution is prohibited from basing its decision of nonrenewal of institutional financial aid on either of the following reasons:

"(a) On the basis of a student-athlete's athletics ability, athletics performance or contribution to a team's success; or

"(b) Because an injury prevents a student-athlete from participating in athletics."

[15.5.4.1.3 renumbered as 15.5.4.1.4, unchanged.]

Source: Atlantic 10 Conference.

Effective Date:Immediate

Proposal Category: Amendment

Topical Area: Financial Aid

Rationale: The current limits on the number of initial counters in men's basketball are inflexible and punitive. In many cases, student-athletes do not return to an institution's team for reasons beyond the institution's control. Such reasons include circumstances in which a student-athlete voluntarily withdraws from the team, renders himself academically ineligible for intercollegiate competition, fraudulently misrepresents information on an application, letter of intent or financial aid agreement, engages in serious misconduct that warrants substantial disciplinary action, or substantially and/or repeatedly violates team rules. The inability of an institution to replace a student-athlete whose financial aid has not been renewed for proper reasons unjustly impacts men's basketball student-athletes who comply with NCAA and institutional rules. Further, the inability of an institution to replace a student-athlete whose financial aid has not been renewed for proper reasons has an adverse impact on many prospective student-athletes. Institutions are not able to offer institutional financial aid to additional prospects if the initial counter limit has been reached but the overall counter limit has not been reached. The opportunity for a student-athlete to request a hearing to appeal an institution's decision not to renew his athletics aid would continue to exist under this legislation and the proposed legislation specifically prevents the nonrenewal of institutional athletically related financial aid for reasons solely related to athletic performance related reasons. Moreover, an institution would only be permitted to qualify for an additional counter not more than once in a two-year period. (For example, an institution does not renew a student-athlete's aid for 2004-05 academic year and under this legislation gains one additional initial counter to use in either 2004-05 or 2005-06. The next opportunity that the institution may use this legislation is when it considers the renewal of aid to be awarded in 2006-07).

Estimated Budget Impact: None.

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

Position Statement(s):

Academic/Eligibility/Compliance Cabinet The cabinet unanimously opposes Proposal No. 2003-7. The Administrative Review Subcommittee recently established policies that address the concerns presented by the sponsors of the proposal without compromising the intent and efficacy of the current legislation.
Men's Basketball Issues Committee For the reasons stated by the Academics/Eligibility/Compliance Cabinet, the committee opposes this proposal.

History

Jan 1, 2003: Submit (referred proposal to Academic/Eligibility/Compliance Cabinet Subcommittee on Financial Aid); Submitted for consideration.
Feb 19, 2003: Academic/Eligibility/Compliance Cabinet Subcommittee on Financial Aid, Tabled
Jun 13, 2003: Academic/Eligibility/Compliance Cabinet, Tabled; The Academics/Eligibility/Compliance Cabinet supported a recommendation from the Subcommittee on Financial Aid that Proposal 2003-7 remain tabled. The incentive and disincentives working group is currently studying the efffect of awarding additional counters to certain teams that meet a prescribe set of criteria. As such, Proposal No. 2003-7 would be better addressed once that working has finalized its recommendations on the addtional counter.
Sep 12, 2003: Academic/Eligibility/Compliance Cabinet, Recommends Defeat
Jan 11, 2004: Mgmt Council 1st Review, Defeated - (Yea=24, Nay=26, Abstain=null, Not Present=2)
Jan 11, 2004: Defeated; FINAL

Legislative References

Division Number Title
I 15.5.5.1 Men's Basketball.
References