Download Bylaw 14 - Part 1 Hardship Waivers and Transfers

Bylaw 14
Hardship Waivers and
Transfers
Presented by: Stephanie Grace and Maureen Harty
Topics to be Reviewed
• Hardship Waivers.
• How to calculate.
• Review of case studies pertaining to waivers.
• Contemporaneous Medical Documentation.
• Transfers.
• What to analyze based on the type of waiver.
• Review of case studies pertaining to waivers.
Hardship Waivers
Criteria:
• SA did not compete in more than one-third of the
standard denominator plus one; and
• Sustained an incapacitating injury or illness before
the completion of the first half of the traditional
season.
Bylaw 14.2.5
Hardship Waivers
• Conference office or NCAA staff (independent
institutions only) may grant an additional season of
participation.
• If a SA suffers an incapacitating injury or illness, but
has not triggered the use of a season of participation,
it is not necessary to file a hardship waiver.
Bylaw 14.2.5
Hardship Waiver Administration
Member of a conference
Conference
Office
NCAA StudentAthlete
Reinstatement
Staff
Committee on
Student-Athlete
Reinstatement
Independent institution
NCAA StudentAthlete
Reinstatement
Staff
Committee on
StudentAthlete
Reinstatement
Hardship Waiver Calculation
Standard denominator: maximum permissible number of contests or dates
of competition for the applicable sport, plus one contest or date of
competition.
Hardship Waiver Calculation
Example - Baseball
Bylaw 17 maximum
40 contests
Maximum plus one
(standard denominator)
41 contests
First half of the season
Before the
start of the
21st contest
One-third/33 percent of 41
contests
14 contests
Two baseball student-athletes
each participated in the first 14
contests of the traditional
segment prior to sustaining
incapacitating injuries. Institution
A scheduled 40 contests.
Institution B scheduled 24
contests, the minimum required
for sports sponsorship.
Hardship Waiver Calculation
Example – Track and Field
• Institution No. 1 sponsors indoor and outdoor track and field and
schedules six indoor meets and seven outdoor meets. SA No. 1
competes in all six indoor dates of competition and the first three
outdoor dates of competition and then sustains an incapacitating
injury.
• Institution No. 2 sponsors only outdoor track and field and schedules
18 meets. SA No. 2 competes in the first five dates of competition and
then sustains an incapacitating injury.
Hardship Waiver Calculation
Example – Track and Field
Re-injury in Second Half of Season
• A SA who suffers an injury in the first half of the traditional
season, enters competition during the second half of the
traditional season and then is unable to participate further
as a result of aggravating the original injury does not qualify
for the hardship waiver.
Bylaw 14.2.5.2.4
Re-injury in Second Half of Season
Case Study No. 1
• Wrestling SA is injured in his final season of participation.
The institution is unsure whether the doctor will clear him to
wrestle before the end of the season; however, the SA feels
his injury is improving. He would like to compete unattached
in an open meet to “test” his injury. If that goes well, he likely
will be cleared to compete at the conference meet. If it
doesn’t, the institution will submit a hardship waiver.
Re-injury in Second Half of Season
Case Study No. 1
• SA will not qualify for a hardship waiver if he engages in any
outside competition during the second half of the institution’s
traditional season, including competition while not
representing the institution.
Eligibility for Practice
• A SA who meets the criteria for receipt of a hardship waiver
may practice and/or participate in rehabilitative activities for
the remainder of the season and still qualify for a hardship
waiver.
• A student-athlete who competes during the remainder of
the season uses a season of participation.
Bylaw 14.2.5.3
Eligibility for Practice
Case Study No. 2
• Women’s soccer SA underwent ACL surgery in March. In
late September, SA’s physician cleared her to practice and
compete. Her coach would like her to get stronger before
competing and is unsure whether SA will be game-ready
before the end of the season. Can SA engage in rehab and
practice activity without using a season of participation?
Eligibility for Practice
Case Study No. 2
• SA does not meet the requirements for a hardship waiver
because she was cleared to compete during the traditional
season. Bylaw 14.2.5.3 may only be applied if the SA
meets the legislated requirements for a hardship waiver. If
SA practices (or competes) during the traditional season,
she will use a season of participation.
Medical Documentation Standards
• Must come from a physician (i.e., a medical doctor) who administered
care at the time of the injury or illness.
• Must be contemporaneous to the injury or illness.
• An individual other than a physician (e.g., chiropractor, physical
therapist, athletic trainer) may not be the sole source of medical
documentation; however, documentation from individuals other than
physicians may be used to support the physician’s documentation.
• Documentation should include the initial onset of injury or illness,
dates of treatment, diagnosis, treatment plan and whether SA’s
illness prevented him or her from participating in athletics.
Season-Ending Injury
Case Study No. 3
Men’s basketball SA sustained a broken finger after
participating in eight games in the first half of the season. He
was cleared prior to the conference tournament, but not prior
to the end of the regular season. The institution’s team
advanced to the conference tournament, but SA did not
compete at the coaching staff’s discretion.
Season-Ending Injury
Case Study No. 3
Because SA’s treating physician cleared him to return to
play prior to the conclusion of his institution’s season in that
sport, the student-athlete will be unlikely to receive a
hardship waiver from the conference office.
Medical Documentation Standards
Case Study No. 4
• Shark Finn was diagnosed with depression in high school and on
medication. He continued to see a psychologist every month.
• During his second year at Hammerhead College, Shark left the swim
team December 10 after competing in four dates of competition
during the first half of the season.
• Shark stopped swimming because his depression made him unable
to focus in class and negatively impacted his athletics performance.
• Shark tried to schedule an immediate appointment with his
psychologist, however, the first available appointment was January 4.
Medical Documentation Standards
Case Study No. 4
• At his visit January 4, Shark’s psychologist noted he was not doing well
and recommended weekly therapy sessions.
• Shark continued to see the psychologist once a week through February
14. He also saw his primary care doctor January 17, who prescribed him a
different medication to treat his depression.
• At January 25 visit, Shark’s psychologist noted his depression affected his
physical and academic functioning.
• At February 14 visit, Shark’s psychologist noted he was doing better.
• Institution’s team competed in conference tournament February 16-18.
Medical Documentation Standards
Case Study No. 4
• Hammerhead College filed a hardship waiver with its conference office.
• Supporting documentation:
• Conference hardship waiver form.
• Psychologist’s notes from each visit in January and February.
• Primary care physician’s note from January 17.
• Season schedule.
• SA statement.
Medical Documentation Standards
Case Study No. 4
• Does Shark meet hardship waiver participation limits?
• Standard denominator for men’s swimming = 17.
• First half of season = before the start of the ninth date of competition.
• One-third of dates of competition = 6.
• Shark competed in five dates of competition in the first half.
• Is the medical documentation sufficient to demonstrate Shark sustained
an injury or illness that incapacitated him for the remainder of the season?
Appealing Hardship Waiver Decisions
• Conference office denied hardship waiver due to a lack of
contemporaneous medical documentation stating Shark was incapacitated
for remainder of men’s swimming season.
• Hammerhead College submitted hardship waiver appeal to NCAA.
• Supporting documentation:
• All documentation submitted to conference office.
• Letter from the conference office indicating why the waiver was denied.
• Letter from doctor dated May 1.
Noncontemporaneous Medical Documentation
May 1, 2017
Sandy Beach Psychology Specialists
Shark Finn is a patient of mine. I see him on a regular basis for management of
depression. His symptoms increased last fall, and he came to see me as soon as
he could get an appointment. At that time, I determined he was incapacitated from
competitive athletics and advised him to take a temporary break from swimming
for his health and safety. He continued to recover for several months. He is
cleared to return to swim team activities as of today.
Dr. Ocean, Psychologist
NCAA Staff Decision
• NCAA staff approved the hardship waiver based on totality of the
circumstances.
• Staff noted SA was previously diagnosed with depression and had
been continuously treated by psychologist.
• Based on the medical documentation, staff considered SA’s relapse
part of an ongoing illness.
• Staff noted institution provided contemporaneous documentation of
visits with treating psychologist and noncontemporaneous letter from
treating psychologist stating she advised SA to leave swimming for a
time for his health and safety.
TRANSFERS
Common Transfer Triggers
• SA attended a class while enrolled full time at a
collegiate institution.
• SA reported for a regular squad practice.
• SA participated in athletics while enrolled less than
full time.
NCAA Division III Bylaw 14.5.2
Foundational Transfer Rule
A student-athlete who transfers to a member institution from
any collegiate institution is required to complete an academic
year in residence at the certifying institution before being
eligible to compete or receive travel expenses.
Bylaw 14.5.1
Multiple Transfer Situations
• Prior to determining if a transfer exception applies, it is
important to determine transfer pattern.
• No matter how many transfers – a student is either a 4-4, 4-24 or a 2-4 transfer.
• 2-2-4-4 = 4-4.
• 2-2-2-4-2-4 = 4-2-4.
• 2-2-4 = 2-4.
Disciplinary Suspension
A student who transfers to any NCAA institution from a
collegiate institution while the student is disqualified or
suspended from the previous institution for disciplinary reasons
(as opposed to academic reasons) must complete one
calendar year of residence at the certifying institution.
Bylaw 14.5.1
Disciplinary Suspension
Academic suspension of a student-athlete does not count as a
disciplinary suspension within the meaning of the provisions of
the bylaw.
Staff Interpretation January 28, 1987
The rule only applies if the student-athlete has been
suspended from the school and not merely suspended from
the team.
Educational Column January 13, 2010
Four Year
Transfers
4-4 Transfer Exceptions
• A SA could be immediately eligible if:
(A) Nonparticipant
(B) Eligible
(C) Nonsponsored
Sport
• SA never participated in intercollegiate athletics; or
• SA athletically and academically eligible at time of transfer; or
• Previous school did not sponsor sport; and
• SA earned > 24-semester/36-quarter hours of transferable degree
credit.
Eligibility Question No. 1
• SA is a 4-4 transfer.
• She did not participate in intercollegiate athletics.
• She played on amateur, outside club team.
• Can she use an exception in order to be immediately eligible
at the DIII institution?
Eligibility Question No.1
• A. Nonparticipant- SA never participated in intercollegiate athletics.
• B. Eligible- SA athletically and academically eligible at time of transfer.
• C. Nonsponsored Sport- Previous school did not sponsor sport.
• Answer: A. Nonparticipant
• Participation on an amateur, outside club team is not
equivalent to participation in intercollegiate athletics.
Eligibility Question No. 2
• SA is a 4-4 transfer.
• He played varsity baseball at his previous four-year
institution.
• Transfer tracer says he was “Academically Ineligible” at his
previous institution.
• SA has 1.900 GPA.
Eligibility Question No. 2
• A. Nonparticipant- SA never participated in intercollegiate athletics.
• B. Eligible- SA athletically and academically eligible at time of transfer.
• C. Nonsponsored Sport- Previous school did not sponsor sport.
• Answer: None of the Above
• However, lets continue to review the student’s record.
Eligibility Question No. 2
If the SA has not triggered transfer to the certifying
institution, it would be possible for the student to take more
coursework at his original institution to increase his grade
point average. If that is the student’s only deficiency and he
becomes eligible prior to triggering transfer at the certifying,
he could use the exception (B) Eligible.
Two Year
Transfers
2-4 Transfer Exceptions
• A SA could be immediately eligible if:
(A) Nonparticipant
(B) Eligible
• SA never participated in intercollegiate athletics; or
• Never attended four-year school; and
• Athletically and academically eligible at two-year at time of
transfer
2-4 Transfer Exceptions
• A SA could be immediately eligible if:
(C) 4-2-4
• Athletically and academically eligible at first four-year institution at
time of transfer to certifying institution; or
(D) 24/36
• Attended two-year school for > two semesters or three quarters;
and
• Earned > 24-semester or 36-quarter hours of transferable degree
credit.
Eligibility Question No. 3
• SA is a 2-2-4 transfer?
• First Two-Year Institution: SA enrolled full time and competed for
two years.
• SA left athletically and academically eligible.
• Second Two-Year Institution: SA enrolled part time for one term,
but did not compete in athletics.
• SA left academically ineligible due to failing all classes.
Eligibility Question No. 3
• A. Nonparticipant- SA never participated in intercollegiate athletics.
• B. Eligible- SA athletically and academically eligible at time of transfer.
• C. 4-2-4 -Athletically and academically eligible at first four-year institution.
• D. Terms and Credits- At 2-yr for 2 semesters/3 quarters and earned 24
semester/36 quarter hours.
• Answer: B. (Eligible) In this case, the student is only a 2-4 transfer.
Since he was not full-time at the second institution, he did not trigger
transfer status. Therefore, eligibility is determined based on enrollment
at the first two-year institution.
Eligibility Question No. 4
• SA is a 4-2-4 transfer?
• Four-Year Institution: SA enrolled full time and competed for two
years. SA left academically ineligible.
• Two-Year Institution: SA enrolled full time for one academic year,
but did not compete in athletics. SA left academically ineligible
completing 24 semester hours, 21 of which will be accepted by
your institution, with a 1.5 GPA.
Eligibility Question No. 4
• A. Nonparticipant- SA never participated in intercollegiate athletics.
• B. Eligible- SA athletically and academically eligible at time of transfer.
• C. 4-2-4 -Athletically and academically eligible at first four-year institution.
• D. Terms and Credits- At 2-yr for 2 semesters/3 quarters and earned 24
semester/36 quarter hours of transferable credit.
• Answer: None. SA participated at 4-year institution so A does not
apply. SA was not eligible at the 2-year institution or the 4-year
institution so B and C do not apply and only 21 credits transfer so D
does not apply.
Two Year
Non-Participation
Two Year Non-Participation
• Applicable to two-year and four-year transfers.
• Transfer student is eligible if he or she has not participated
in their sport for at least two calendar years before the date
the SA begins participation at the institution.
Two Year Non-Participation
• Two calendar years must be consecutive.
• Time before SA first enrolls in college does not count.
• Practicing or competing on a college or amateur team while
enrolled in college would count as “participation.”
• Nonparticipation is sport specific.
International
Student-Athlete
Certification
Common Concerns
•
Lack of clear information.
•
Delayed enrollment and organized competition prior to
collegiate enrollment.
•
Club teams.
International Transfers
All international institutions are considered four-year for
purposes of transfer legislation (even if it is a two- or threeyear program). All of the standard 4-4 transfer exceptions
would apply to an international transfer.
Delayed Enrollment and Organized Competition
Individual who does not immediately enroll in college one year
after his or her high school graduation date shall use a season
of eligibility and sit an academic year if he or she…
Delayed Enrollment and Organized Competition
Pro Team
• Competes or
trains with
team that
awards
expenses to
any team
member
above actual
and
necessary.
Payment
• Receives
expenses
above actual
and necessary
for any
competition or
training.
• Receives pay
based on
place finish.
Contract/
Draft
• Competes
after signing a
contract for
athletics
participation.
• Competes
after entering
professional
sports draft.
Booster
• Competes in
event funded
by a booster
that is not
open to any
and all.
Eligibility Question No. 5
After graduating high school, Canadian PSA played two years of club
hockey. Did he use a season?
Questions to ask:
•
•
•
Did SA or teammates receive expenses above actual and
necessary?
Did he sign a contract to play on the team?
Was it considered “Major Junior” ice hockey?
Eligibility Question No. 5
If the SA did not trigger:
Pro Team
Payment
Contract/Draft
the SA would not have used a season.
Booster
However, if the SA participated in “Major Junior” ice hockey
then the SA would use a season and be required to sit a year
upon enrollment – even if the participation happened during
the SA’s grace year after high school graduation.
Club Teams and International Transfers
Participation on a collegiate institution’s club team is
exempted from using a season, if the institution does not
sponsor the sport on a varsity intercollegiate level.
Bylaw 14.02.6.2
Club Teams and International Transfers
Even if the institution does not sponsor the sport on the varsity
level, does club team have varsity characteristics?
• Elite SAs chosen to be members.
• Institution provides:
Funds for travel and equipment.
Coach’s salary.
Scholarships.
Educational Column December 18, 2000
Questions?
We Want Your Feedback
Your input is important.
Rate this session using the survey on the
Regional Rules Seminar app.