Conference Bylaw 1.3.3 and multiyear AID agreements Keri Mendoza, Assistant Commissioner- Compliance June 22, 2017

MORE RESTRICTIVE RULES Board of Directors unanimously adopted Conference Bylaws on November 23, 2014, effective August 1, 2015, to address institutional athletically related financial aid in three areas: Minimum Amount (COA) Period of Award (Multiyear FAAs) Former SAs (Institution Policy) February 3, 2017 Conference Bylaw 1.3.3 Question and Answer Document Bylaws vs. Rules

BYLAW 1.3.3.2 PERIOD OF AWARD Member Institutions must award athletically related financial aid for no less than the SA’s initial period of eligibility or graduation. Guarantees athletics aid until a SA has exhausted his/her eligibility, provided the SA meets the terms of his/her aid agreement per institutional policy. “Initial period of eligibility” includes all of the academic terms in which the SA has eligibility remaining upon initial enrollment at the institution or through graduation, whichever is earlier.

BYLAW 1.3.3.2 PERIOD OF AWARD If an institution issues a FAA that includes an average of “x” amount over the course of four years, the institution must notify the SA of the amount of aid they will receive the next academic year by July 1. After the first year of the multiyear FAA, it can include a year or years of no aid in all sports except basketball and football.

BYLAW 1.3.3.2 PERIOD OF AWARD NCAA exceptions to the one-year period legislation apply, except for initial enrollees (freshman and transfers in their first year of enrollment) Bylaw 15.3.3.1.1 (One-Year Period) Bylaw 15.5.2.2 (Voluntary Withdrawal) Bylaw 15.5.2.3 (Midyear Replacement- Women’s Volleyball) Bylaw 15.5.2.4 (Midyear Graduate Replacement- Women’s Gymnastics and Women’s Tennis)

BYLAW 1.3.3.2 PERIOD OF AWARD Aid can be provided to a FB SA for only one term or year per NCAA Bylaw 15.5.6.4.1 (Voluntary Withdrawal). “Extra” aid when a SA voluntarily withdraws from the sport can be provided to a SA not already receiving aid for only one term or year, except for initial enrollees. Baseball is exempt from the application.

NCAA BYLAW 15.02.7 (PERIOD OF AWARD) The period of award begins when the SA receives any benefits as a part of the student's grant-in-aid on the first day of classes for a particular academic term, or the first day of practice, whichever is earlier, until the conclusion of the period set forth in the FAA. An athletics grant-in-aid shall not be awarded in excess of the SA's five-year period of eligibility.

NCAA BYLAW 15.3.3.1 (PERIOD OF AWARD) If a student's athletics ability is considered in any degree in awarding financial aid, such aid shall neither be awarded for a period less than one academic year nor for a period that would exceed the student's five-year period of eligibility (see Bylaws 12.8 and 15.01.5).

NCAA BYLAW 15.3.5.3 (REDUCTION OR NONRENEWAL NOT PERMITTED – AFTER THE PERIOD OF AWARD) If a SA 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 SA's five-year period of eligibility: A SA’s athletics ability, performance or contribution to a team's success; An injury, illness, or physical or mental medical condition; or Any other athletics reason.

NCAA 7/23/15 OFFICIAL INTERPRETATION Multiyear Aid Agreements May Include One or More Years of No Athletically Related Financial Aid Multiyear FAAs may stipulate that no athletically related financial aid will be provided in one or more academic years after the first academic year in which athletically related aid is provided, including the final year of the award (e.g., 50% in year one, 0% in year two, 50% in year three; 50% in year one, 0% in year two, 0% in year three).

NCAA 4/13/15 EDUCATIONAL COLUMN Multiyear Financial Aid Agreements Period of award defined Temporary increases Adjustments/renegotiation during period of award for amount of aid provided each academic year Extensions of one-year agreements to a multiyear agreement

CASE STUDY #1: INITIAL AWARD & INITIAL ENROLLEE JERRY – GOLF Incoming freshman at Iowa State. Planning to take classes each summer term in order to graduate in 3.5 years (after the fall 2020 term). Iowa State wants to offer the following FAA: 2017-18: 25% 2018-19: 25% 2019-20: 50% Fall 2020: 50% Is Iowa State permitted to provide a multiyear FAA for 3 ½ years? No Answer: NO. Although Jerry anticipates graduating in 3.5 years, per Conference Bylaw 1.3.3.2, Iowa State is required to provide him a FAA for four years since upon initial enrollment, there is no way for the institution to project an early graduation date and Jerry’s “initial period of eligibility” does not end until after the spring 2020 term. Alternative: Iowa State could provide a FAA that includes 0% in year 4 (2020-21) and increase his FAA for just the fall 2020 term (and also the spring 2020 term) after the 2019-20 academic year.

CASE STUDY #2: RENEWAL ELAINE – SOCCER Kansas provides the following FAA: 2014-15: 100% 2015-16: 0% 2016-17: 100% 2017-18: 0% 2018-19 Redshirts during the 2014-15 season and is on track to graduate during the 2018-19 academic year. Is Kansas required to renew Elaine’s FAA for the 2018-19 academic year? Yes (Did not compete) (Competed) (Competed) (Competed) (Anticipated graduation) Answer: YES. Although Kansas satisfied Conference Bylaw 1.3.3.2 by providing a multiyear FAA through Elaine’s “initial period of eligibility” (4 years), NCAA Bylaw 15.3.5.3 does not permit aid to be reduced or cancelled after the period of award for an athletics reason for the duration of the SA’s five-year period of eligibility. Could be beneficial for institutions to provide FAA that covers a SA’s five-year period of eligibility and include 0% in the fifth year.

CASE STUDY #2: RENEWAL ELAINE – SOCCER Kansas provides the following FAA: 2014-15: 100% 2015-16: 0% 2016-17: 100% 2017-18: 0% 2018-19 Redshirts during the 2014-15 season and graduates during the 2017-18 academic year. Is Kansas required to renew Elaine’s FAA for the 2018-19 academic year? It depends (Did not compete) (Competed) (Competed) (Competed; Graduates) (Season of Eligibility Remaining) Answer- IT DEPENDS. Kansas must have a nonathletics reason to nonrenew or reduce aid. Kansas could have included graduation as a condition in the FAA to nonrenew. If permitted to nonrenew, still must provide SA opportunity to appeal nonrenew decision.

CASE STUDY #3: INITIAL AWARD & TRANSFER GEORGE – FOOTBALL Four-year transfer from Yankee University to TCU. George did not compete at Yankee University in his initial year of enrollment, so he has 3 seasons left to compete at TCU. 2014-15: Yankee University (Did Not Compete) 2015-16: Yankee University (Competed) 2016-17: TCU (Competed; Did Not Receive Aid) 2017-18: TCU 2018-19: TCU TCU wants to provide aid for the 2017-18 academic year. Must TCU provide George with a multiyear FAA? Yes Answer: YES. Although TCU did not provide George with financial aid in his first year of enrollment, in general, TCU must provide him with a multiyear FAA that goes through his “initial period of eligibility” (two years at that point) or through graduation, whichever occurs first.

CASE STUDY #3: INITIAL AWARD & TRANSFER GEORGE – FOOTBALL Four-year transfer from Yankee University to TCU. George did not compete at Yankee University in his initial year of enrollment, so he has 3 seasons left to compete at TCU. 2014-15: Yankee University (Did Not Compete) 2015-16: Yankee University (Competed) 2016-17: TCU (Competed; Did Not Receive Aid) 2017-18: TCU 2018-19: TCU TCU wants to provide aid for the 2017-18 academic year, but they already reached their counter limits. Five days into preseason practice, a SA withdraws from the team and TCU. Can TCU use the Voluntary Withdrawal Exception per NCAA Bylaw 15.5.6.4.1 and provide George with a FAA for the 2017-18 academic year only? Yes Answer: YES. Because George is in his second year of enrollment at TCU, George may use the Voluntary Withdrawal exception and replace the counter who withdrew during preseason to receive aid during the 2017-18 academic year only without be required to receive a multiyear FAA through the 2018-19 academic year.

CASE STUDY #4: INITIAL AWARD & MIDYEAR TRANSFER KRAMER – TENNIS Four-year midyear transfer from Festivus State to Texas Tech. Has 3 seasons left to compete upon transferring to Texas Tech. Fall 2017: Festivus State (Competed) Spring 2018: Texas Tech Texas Tech wants to apply the one-year period exception for midyear enrollees per NCAA Bylaw 15.3.3.1.1-(a) and provide Kramer with aid only during the spring 2018 term. Is Texas Tech permitted to provide Kramer with a FAA only for the spring 2018 term? No Answer: NO. Although NCAA rules permit Kramer to receive aid for only the spring 2018 term, Conference Bylaw 1.3.3.2 does not permit institutions to use the one-year period exceptions in the NCAA legislation for initial enrollees (e.g., freshman and transfers in their first year of enrollment at the institution).

CASE STUDY #4: INITIAL AWARD & MIDYEAR TRANSFER KRAMER – TENNIS Four-year midyear transfer from Festivus State to Texas Tech Has 3 seasons left to compete upon transferring to Texas Tech. Fall 2017: Festivus State (Competed) Spring 2018: Texas Tech Texas Tech wants to apply the one-year period exception for midyear enrollees per NCAA Bylaw 15.3.3.1.1-(a) and provide Kramer with aid only during the spring 2018 term. What term must Kramer’s FAA go through to satisfy the Conference multiyear FAA requirement? Spring 2021 Answer: SPRING 2021. Per Conference Bylaw 1.3.3.2, the FAA must be written for Kramer’s “initial period of eligibility” at Texas Tech which would go through the spring 2021 term, for a total of 3 ½ years. Spring 2018 2018-19 2019-20 2020-21 Alternative- Texas Tech could provide years of “zero” for any year the sport needs flexibility with scholarship limits.

CASE STUDY #5: NEW AWARD FOR CONTINUING SA THAT PREVIOUSLY RECEIVED AID ESTELLE – TRACK & FIELD Will be a junior in the 2017-18 academic year at Oklahoma State. Received a single year FAA for her first year of enrollment but her aid was cancelled for violating a team rule. 2015-16: 25% 2016-17: FAA Not Renewed 2017-18: Extra aid? A few days into the fall 2017 term, a SA who was slated to receive aid for the 2017-18 academic year decided not to attend Oklahoma State. Is Oklahoma State permitted to provide Estelle a FAA only for the 2017-18 academic year to award her with this “extra” aid? No Answer: NO. Although NCAA rules permit Oklahoma State to provide a single-year FAA to Estelle for the 2017-18 academic year, Conference Bylaw 1.3.3.2 requires Oklahoma State to provide a multiyear FAA to Estelle for her “initial period of eligibility” or through graduation, whichever occurs first. The exception that allows an institution to provide “extra” aid for only one term or academic year only applies to a SA who did not previously receive aid. Alternative- Oklahoma State could provide Estelle a multiyear FAA beginning 2017-18 and include a zero amount of aid for the 2018-19 academic year.

CASE STUDY #6: GRADUATE TRANSFER NEWMAN – BASKETBALL Senior at West Virginia and will graduate in spring 2018. Signed a five-year FAA that goes through the 2018-19 academic year. Wants to transfer to another institution to pursue his graduate degree. Can Newman voluntarily request to cancel his multiyear FAA at the end of the 2017-18 academic year in order to meet the requirements of the Graduate One-Time Transfer Exception? Yes Answer: YES. If there is no nonathletically related condition in the FAA to reduce or cancel due to graduation, the institution may still cancel the multiyear FAA if another bylaw trigger is met (e.g., voluntary withdrawal due to SA determination will transfer). If the institution then chooses to cancel the multiyear FAA (with the provision of hearing opportunity) the SA would then meet 14.6.1-(c).

QUESTIONS?