Division I Legislative Relief Waivers Kelly Brummett Jerry Vaughn

Agenda AMA Structure Background Interpretations Philosophy vs. Temporary Review Process Interpretation or Waiver Group Activities Hot Topics Resources

AMA Structure Charnele Kemper and Abbie Markey Bylaws 11/13/17 Jobrina Marques and Jerry Vaughn Bylaws 12/15/16 Kelly Brummett Four-Year Transfers Brandy Hataway and Kris Richardson Legislative Relief Waiver Oversight

Background Established to provide flexibility with regard to NCAA legislation. No other specified staff or committee. Proactive waivers, requesting relief before a circumstance/event occurs. Cannot waive violations. Approximately 1,400 legislative relief waivers filed in 2015 (Divisions I, II and III combined).

What is not a Legislative Relief Waiver? Full-time enrollment. Hardship waivers. Season-of-competition waivers. Initial-eligibility waivers. 2-4 and transfer waivers. Progress-toward-degree waivers. Extension of five-year clock.*

Interpretations Philosophy vs. Temporary Review Process Interpretations Philosophy Applies to interpretations. Gives discretion to membership. Temporary Review Process Applies to waivers. Gives discretion to staff.

Interpretation or Waiver

Case Study No. 1 KBU's women's golf team won the National Championship and will be honored by Jerry Vaughn, a pro golfer sponsored by Omega, at an alumni banquet. The event will be held during a vacation period. KBU will provide student-athletes with transportation, meals and lodging expenses. Permissible interpretively.

Case Study No. 2 KBU's women's golf team won the National Championship and will be honored Jerry Vaughn, a pro golfer sponsored by Omega, at an alumni banquet. Omega will provide all expenses for SAs to attend the banquet. Two SAs have class conflicts which would require them to leave early in order to make the time the team was scheduled to meet. SAs received permission from professors to miss class. KBU's faculty athletics representative supports the request. Not permissible interpretively.

Previously Approved Waiver Checklist

Bylaw : Missed Class Time in Conjunction with a Promotional Activity  Institution would like SAs to miss class to participate in an institutional, charitable, education or nonprofit promotional activity.  All other requirements of the promotional activities legislation are satisfied.  Institution's FAR supports and has approved the request.  Institution has obtained written permission from each professor of the classes that each SAs will miss due to the activity.

Case Study No. 3 KBU's women's golf team won the National Championship and will be honored Jerry Vaughn, a pro golfer sponsored by Omega, at an alumni banquet. Omega will provide all expenses for SAs to attend the banquet. Two SAs have class conflicts which would require them to leave early in order to make the time the team was scheduled to meet. SAs received permission from professors to miss class. KBU's FAR supports the request.

Bylaw : Missed Class Time in Conjunction with a Promotional Activity  Institution would like SAs to miss class to participate in an institutional, charitable, education or nonprofit promotional activity.  All other requirements of the promotional activities legislation are satisfied.  Institution's FAR supports and has approved the request.  Institution has obtained written permission from each professor of the classes that each SAs will miss due to the activity.

Group Activities

Activity No. 1 Do you have enough information to make a decision? What other information do you need? Want? Are the guidelines met?

Activity No. 2 Do you have enough information to make a decision? What other information do you need? Want?

Delayed Enrollment Withholdings Percentage of Maximum Number of Contests/Dates of Competition ≤ 20 Percent 20 to 50 Percent > 50 Percent One-for-one withholding Waive the year in residence requirement Still subject to use of season of competition Apply the legislation

Withholding Playing and Practice SA must fulfill the condition when he or she is otherwise eligible and during one of his or her four seasons of competition. SA must fulfill the condition when he or she is medically cleared to compete by the institution. Withholding must be applied to the next regularly scheduled competition (including NCAA championship or other postseason competition). Scrimmage, exhibition or nonchampionship contests may not be used to fulfill a withholding condition unless specifically indicated by the legislative relief waiver staff.

Withholding Playing and Practice If the next contest involves an exhibition contest, nonchampionship contest or any other contest that may not be used to fulfill a withholding condition, SA may participate in the competition that may not be used to fulfill a withholding condition prior to completion of the withholding condition. If withholding will be fulfilled during a team's away-from-home trip that includes multiple contests/dates of competition, SA may travel and receive expenses, provided he/she will become eligible and have the opportunity to compete prior to the conclusion of the trip.

Hot Topics

Bylaws 11, 13 and 17

Varsity Squad Size Limitation – Championship Segment [Baseball]  Replace a counter within the 35-man roster limitation, prior to the first scheduled contest in its championship segment.  Medical documentation to verify SA suffered from an incapacitating injury or illness prior to the first scheduled contest in its championship segment and is unable to participate in any CARA (other than rehabilitation activities) for the remainder of the academic term.  Replaced SA was academically eligible for competition.

Varsity Squad Size Limitation – Championship Segment [Baseball]  Replace the counter with a nonscholarship SA who participated with the baseball team in the previous nonchampionship segment.  May not re-award replaced SA's athletics aid to the newly added nonscholarship student-athlete or any other participants.  Relief only applies to varsity squad size limitation and does not impact maximum equivalency limits in baseball. January 2016 Previously Approved Waivers List

Foreign Tour Eligibility for Transfer Student-Athletes  SA departed the previous institution academically eligible, is academically eligible at the institution and is otherwise eligible to participate in an institutional foreign tour.  May provide expenses for student-athlete to participate in an institutional foreign tour.  SA may not engage in competition associated with the institutional foreign tour.  SA may engage in practice associated with the institutional foreign tour. January 2016 Previously Approved Waivers List

Replacement of Departing Coaching Staff Member(s) Prior to Conclusion of Postseason Competition Institution would like to replace a departing coaching staff member(s) (e.g., head coach, assistant coach, entire staff) with a new coaching staff member(s) prior to the conclusion of the institution's postseason (e.g., bowl competition). Institution would like the departing coaching staff member to participate in on-field coaching activities through the conclusion of the institution's postseason competition while allowing the incoming coaching staff member(s) to participate in recruiting activities.

Replacement of Departing Coaching Staff Member(s) Prior to Conclusion of Postseason Competition Departing coaching staff member(s) will immediately cease all recruiting activity. While exceeding the number of permissible countable coaches, the institution will not exceed the number of permissible coaches participating in recruiting or on- field coaching activities at any given time. Relief is effective through the conclusion of the institution's postseason competition.

Bylaws 12, 15 and 16

Case Study No. 4 Jennifer has been a musical artist for most of her life and started writing her own music at age six. Jennifer participated in choir in middle school. In high school, Jennifer performed a song she wrote for her entire class at the request of the high school's administration, in order to motivate her class. Jennifer has a passion to pursue a career in the music industry and would to engage in all of the activities necessary to become successful as an artist, including, but not limited to: Signing a contract with a nonathletics music agency; and Participating in promotional activities associated with a rising music career using her name, likeness and appearance.

Case Study No. 4 Can Jennifer use her name, likeness and image for promotional purposes and be compensated? Yes! But……. No institutional involvement. Unless, same benefit is generally offered. No reference to SA's involvement in intercollegiate athletics. Remuneration cannot be based on athletics ability. Vocation may not be athletically related.

Case Study No. 5 Second day of summer workouts, Randy suffered a severe spinal cord injury. Randy's physician strongly recommended that he never compete again due to risk of catastrophic injury. KBU certified Randy as a medical noncounter due to his incapacitating injury. KBU would like to re-award Randy's athletics aid to a Keith, fifth-year senior walk- on.

Case Study No. 5 Approved using temporary review. Staff noted: 1. Randy has been medically disqualified; 2. KBU submitted contemporaneous medical documentation substantiating the assertion that the severity of Randy's injury prevents him from further participation in athletics; 3. There is no competitive advantage gained by the awarding of aid in this manner; 4. The minimal amount of participation (e.g., summer workouts); and 5. KBU will adhere to all other financial aid legislation.

4-4 Transfers

4-4 Transfer Directive In February 2016, CLR reviewed transfer directive. Determined certain requests may warrant immediate eligibility : SA was a victim of objective, documented egregious behavior by a staff member or student at the previous institution. SA transfers to a service academy.

Resources

Case Precedent. LSDBi – Up to March 2011 RSRO – After March 2011 Blanket Waivers. LRW web page on NCAA.org. RSRO Resources Tab. Contact a Legislative Relief Staff member at

Case Precedent LSDBi Holds Precedent up to March 2011 Blanket Waiver Announcements Published Interpretations RSRO Holds Precedent after March 2011 One-Stop Case Management System How much precedent do you need for an approval?

Urgent Unforeseen Circumstances Death Severe Injury or Illness Inclement Weather Catastrophic Events Transfers Delayed Enrollment Blanket Waivers Complex Issues Now: Call Later: Submit in RSRO Phone Waivers

For unforeseen events or circumstances. Institutions may call and indicate they have a potential CLR phone waiver request. Phone waivers do not eliminate the need to submit a waiver. Urgent Waivers and Phone Waivers

Best Practices See CLR website to view tips for searching precedent. ww.ncaa.org/compliance/waivers/legislative-relief- waivers File waiver at the time it is discovered that a waiver is necessary.

Other Waiver Resources Blanket Waivers. Incidental Expense Waivers. Previously Approved Waivers.

QUESTIONS?

Division I Legislative Relief Wa (i) vers Kelly Brummett Jerry Vaughn

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