LEGISLATIVE RELIEF WAIVERS AND ORGANIZED COMPETITION

 NCAA Division II Committee for Legislative Relief Waivers  Overview of process  Recent updates to Committee for Legislative Relief guidelines  Resources  Organized Competition  General rule  Determination of graduation date  Multitiered educational systems  Military service OVERVIEW

LEGISLATIVE RELIEF WAIVERS

 The Division II Committee for Legislative Relief has waiver authority for any situation in which no other committee, subcommittee or conference has the authority to act.  Committee for Legislative Relief waivers are proactive waivers. A violation cannot be waived through a Committee for Legislative Relief waiver. COMMITTEE FOR LEGISLATIVE RELIEF AUTHORITY

 Help institution build strongest case.  Ask/explain additional questions.  Resources (e.g., assist with precedent search, identifying/explaining applicable Committee for Legislative Relief guidelines).  Process case in timely manner. ROLE OF NCAA STAFF

 Official visits (NCAA Bylaw 13.6).  Organized competition before initial collegiate enrollment (Bylaw ).  4-4 transfers (Bylaw 14.5).  Eligibility for financial aid (Bylaw ).  Retroactive financial aid (Bylaw ).  48-hour/36-hour departure/return expenses (Bylaw ). COMMON LEGISLATIVE RELIEF WAIVERS

Case Type(s) NCAA Staff Responsible for Processing Case Type Division II Committee with Authority Division II Two-Year College Transfer and Progress Toward Degree AMA Student-Athlete Academic Waiver Team NCAA Division II Academic Requirements Committee Extension of Eligibility and Season of Competition AMA Student-Athlete Reinstatement Team NCAA Division II Committee on Student- Athlete Reinstatement Initial EligibilityNCAA Eligibility Center Academic Review Team Division II Academic Requirements Committee OTHER WAIVER TYPES

 In order to qualify to use the one-time transfer exception, a student-athlete must meet the following requirements: a)SA has not previously transferred from a four-year institution; Exception: Discontinued/nonsponsored sport exception or loss of regional accreditation b)SA is in good academic standing, meeting progress toward degree and would have been academically eligible at the previous institution; c)If transferring from a NCAA or NAIA institution, the previous institution does not object to use of the one-time transfer exception; d)If transferring with one season of competition or two semesters/three quarters of fewer remaining:  Average of 12-credit hours of transferrable degree credit for each full-time term attended; and  GPA in those credits. Bylaw ONE-TIME TRANSFER EXCEPTION

Academic Requirements Committee  Bylaw (b)  Good academic standing.  Progress-toward-degree requirements (including non-NCAA institutions).  Not academically eligible to return to previous.  Bylaw (d)  Average of 12-credit hour requirement. Committee for Legislative Relief  Bylaw (c)  Previous institution objects to use of the one-time transfer exception.  All transfer requests, regardless of academic deficiencies. ONE-TIME TRANSFER EXCEPTION WAIVER AUTHORITY

COMMITTEE FOR LEGISLATIVE RELIEF WAIVER PROCESS

Institution gathers necessary information (e.g., statements, documentation, Buckley Statement). Institution submits request through Requests/Self-Reports Online (RSRO). Staff member is assigned the case within two business days of submission. Staff member completes initial review within five business days of assignment. Staff requests additional information (if needed). Staff provides decision to institution. If denied, institution may file an appeal or reconsideration request within 30 days of the original decision. Committee for Legislative Relief reviews the appeal on the weekly teleconference. Committee for Legislative Relief decision is final. COMMITTEE FOR LEGISLATIVE RELIEF WAIVER PROCESS

 Review applicable Committee for Legislative Relief guidelines and case precedent.  Consider the following:  Student-athlete well-being.  Not just the student-athlete in the case, but all Division II student- athletes.  Intent of the legislation the institution is requesting to be waived.  Potential recruiting/competitive advantage. STAFF ANALYSIS

 After a decision is reached, a case can be reconsidered if new information becomes available that was not available at the time the waiver was submitted.  Request must be made within 30 days of receiving original decision.  Provide a statement detailing why the new information was not originally available.  If staff denies the request for the case to be reconsidered, institution may appeal to chair of Committee for Legislative Relief. RECONSIDERATION PROCESS

 For unforeseen circumstances impacting student-athlete well- being, including:  Deaths.  Severe or life-threatening injuries or illnesses.  Inclement weather.  Call and leave a detailed description of the emergency and need for relief. The first available staff member will return the call.  Phone waivers still require a legislative relief waiver to be submitted through RSRO. PHONE WAIVERS

 Committee for Legislative Relief has published a list of previously approved incidental expense waivers.  Incidental expense waivers apply only to student-athletes, not prospective student-athletes.  Examples:  Transportation expenses for an international student-athlete to return home to renew his or her visa.  Transportation expenses for student-athletes to attend the funeral of a former teammate, a former coach, the team's head coach or the institution's senior woman administrator's father.  No need to file a legislative relief waiver if the situation matches a previously approved situation; however, check with your conference office on reporting policy. INCIDENTAL EXPENSE WAIVERS

COMMITTEE FOR LEGISLATIVE RELIEF GUIDELINES

 Division II Committee for Legislative Relief guidelines are available on ncaa.org.  Guidelines, information standards and directives are provided by Committee for Legislative Relief to the staff to assist in processing of cases.  Generally, if a case does not meet guidelines, staff cannot approve. The committee has more flexibility to approve cases outside of the guidelines. COMMITTEE FOR LEGISLATIVE RELIEF GUIDELINES

 At the March 2015 meeting, Committee for Legislative Relief made changes to four guidelines, effective for the academic year:  Organized competition minimal competition thresholds;  Transfers with assertions of “run-off”;  Transfers with assertions of financial hardship; and  Transfers with assertions of academic/athletics reasons. RECENT UPDATES

 Relief is granted if a PSA participates in no more than two contests/dates of competition or 10 percent or less of the Bylaw 17 maximum in the sport, whichever is greater.  Committee for Legislative Relief amended the 10 percent calculations and rounded all sports up to the next number.  Example: Football  Bylaw 17 maximum = 11.  10% = 1.1.  Previous guideline = 1 contest.  Current guideline, for all certifications on or after April 1, 2015 = 2 contests.  Creates consistency with calculations for hardship waivers and drug test penalties. ORGANIZED COMPETITION MINIMAL COMPETITION THRESHOLDS

 Removed the nonrenewal of athletics aid as a circumstance that warrants relief under the “run-off” guideline.  Previous institution must provide written confirmation that the student-athlete would not have had the opportunity to return to the team.  Circumstances must have been outside the student-athlete’s control. Coach’s decision due to playing time or budget constraints. ×Violation of team or institutional policy or initiating the request to transfer. ASSERTIONS OF “RUN-OFF”

 Added the reduction or nonrenewal of athletics aid as a circumstance that can be considered as an event causing a financial hardship.  Reduction or nonrenewal of athletics aid must be outside of the student-athlete’s control.  Must demonstrate how the reduction or nonrenewal of athletics aid has caused a financial hardship and that the transfer has resolved the hardship.  What is the parent’s expected financial contribution?  Is certifying institution offering aid? ASSERTIONS OF FINANCIAL HARDSHIP

 Removed the information standards from the current guideline.  The previous information standards outlined the necessary documentation for a student-athlete who transfers due to a discontinued academic program at the previous institution.  Bylaw (discontinued academic program exception) permits institutions to apply the exception without the need for a waiver.  Committee affirmed its restrictive guidance on waivers for academic or athletics reasons. ASSERTIONS OF ACADEMIC/ATHLETICS REASONS

BEST PRACTICES AND RESOURCES

 Review applicable Committee for Legislative Relief guidelines prior to submission.  Submit all information required by the applicable guideline.  Identify similar case precedent.  Buckley Statement signed by the student-athlete must be generated through RSRO.  Staff will not accept a Buckley Statement signed at the beginning of the academic year.  Institutional staff member can sign on behalf of a PSA, provided the case does not include any academic information (e.g., transcripts).  Provide accurate contact information. HELPFUL HINTS

 Committee for Legislative Relief guidelines: Legislative Relief Waiver page on ncaa.org  ncaa.org >> Compliance >> Waivers >> Legislative Relief  waivers?division=d2 waivers?division=d2  Precedent: RSRO.  All active Committee for Legislative Relief precedent is housed in RSRO. Cases are archived after three years, so precedent in LSDBi is not used by NCAA staff.  Waiver tip sheet: Division II Compliance page on ncaa.org  Overview of common scenarios and the correct case type.  Phone waivers or general questions: RESOURCES

ORGANIZED COMPETITION BEFORE INITIAL COLLEGIATE ENROLLMENT

PSA graduates on time from high school.PSA has one-year grace period. PSA initially enrolls at a collegiate institution. PSA ceases participation in organized competition. IN A PERFECT WORLD…

 Common issues with organized competition: 1.PSA does not graduate in the expected timeframe; 2.PSA participates in organized competition after the one-year grace period; and/or 3.PSA’s home country has a mandatory military requirement. BUT WE KNOW THE WORLD ISN’T PERFECT!

 The graduation date is determined by the Eligibility Center staff.  Based on the PSA’s enrollment in ninth grade (or the international equivalent).  Graduation date for international SAs is based on the NCAA Guide to International Academic Standards for Athletics Eligibility.  Accessible on ncaapublications.com. Bylaw HIGH SCHOOL GRADUATION DATE

 What if the PSA graduates early?  PSA becomes a member of that class and the date of graduation for the PSA is the expected date of that class.  What if the PSA graduates late?  Depends.  Was the PSA required to repeat an entire year of high school?  If so, PSA becomes a member of that class and the date of graduation for the PSA is the expected date of that class. Bylaws and HIGH SCHOOL GRADUATION DATE, CONT’D

 PSA is charged with the use of one season of competition for each 12-month period after the one- year grace period in which PSA participates in organized competition.  If PSA is charged with the use of a season of competition, PSA must also serve an academic year in residence before competing at a Division II institution. PARTICIPATION AFTER ONE-YEAR GRACE PERIOD

Example #1 PSA’s expected and actual date of high school graduation. June 2011 PSA’s one-year grace period. June August 2012 PSA participated in 20 basketball contests PSA participated in 14 basketball contests Example #2 PSA’s expected and actual date of high school graduation. June 2011 PSA’s one-year grace period. June August 2012 PSA did not participate in organized competition PSA participated in 34 basketball contests PARTICIPATION AFTER ONE-YEAR GRACE PERIOD, CONT’D OUTCOME: CHARGED TWO SEASONS AND MUST SERVE YEAR IN RESIDENCE. OUTCOME: CHARGED ONE SEASON AND MUST SERVE YEAR IN RESIDENCE.

MULTITIERED EDUCATIONAL SYSTEMS

 Multitiered educational systems require a student to complete one level before moving on to the next.  Ministry of education in each country defines the prescribed amount of time for completion of each level.  Countries such as the United Kingdom, the University of Cambridge international exam program, New Zealand, Quebec, Canada, Scotland, the Caribbean exam countries and British patterned Africa have multitiered educational systems. Official Interpretation [Reference: 6/30/11, Item No. 1] MULTITIERED EDUCATIONAL SYSTEMS

(1)Prospective SA completes secondary school in the timeframe prescribed by the country's ministry of education.  Graduation date advances to the date PSA’s class completes each tier.  PSA must complete the tier within prescribed timeframe determined by the country’s ministry of education. Official Interpretation [Reference: 6/30/11, Item No. 1] HIGH SCHOOL GRADUATION DATE IN A MULTITIERED EDUCATIONAL SYSTEM

 Frank is a golf PSA from the United Kingdom.  June 2012: Earns General Certificate of Secondary Education (GCSE).  , academic years: Enrolls in a General Certificate of Education (GCE), A-Level program.  June 2014: Passes two GCE A-Level examinations. CASE STUDY - FRANK

 What is Frank’s graduation date?  Frank’s graduation date is advanced from June 2012 to June  What is Frank’s grace period?  Grace period is June 2014-August 2015*.  *Exact date determined by certifying institution’s first date of classes. CASE STUDY - FRANK

(2)Prospective SA delays completion of secondary school tier.  PSA is expected to enroll in the next tier immediately.  Graduation date is based on when the PSA’s class completes the tier, not when the PSA completes the tier. Official Interpretation [Reference: 6/30/11, Item No. 1] HIGH SCHOOL GRADUATION DATE IN A MULTITIERED EDUCATIONAL SYSTEM

 Wes is a track PSA from Jamaica.  June 2011: Earns the Caribbean Examination Council (CXC) Secondary Education Certificate (CSEC).  : Works at the family business.  and academic years: Enrolls in a CXC Advanced Proficiency Examination (CAPE) program.  June 2014: Passes two CAPE examinations. CASE STUDY- WES

 What is Wes’ graduation date?  Wes’ graduation date is advanced to June  Wes’ class would be expected to pass two CAPE examinations within two years of earning the CSEC.  What is Wes’ grace period?  Grace period is June 2013-June 2014*.  *Exact date determined by certifying institution’s first date of classes. CASE STUDY - WES

(3) Prospective SA attempts but does not successfully complete secondary school tier.  PSA’s graduation date will remain the date the PSA’s class completed the previous tier. Official Interpretation [Reference: 6/30/11, Item No. 1] HIGH SCHOOL GRADUATION DATE IN A MULTITIERED EDUCATIONAL SYSTEM

 Annalise is a softball PSA from Quebec, Canada.  June 2012: Earns the Diplôme d'Études Secondaires (DES).  and academic years: Enrolls in a Diplôme d'Études Collegiales (DEC) program at a College d’Enseignement Général et Professional (CEGEP).  Annalise did not complete the program.  Fall 2014: Enrolls at a Division II institution. CASE STUDY - ANNALISE

 What is Annalise’s graduation date?  Annalise’s graduation date remains June  What is Annalise’s grace period?  Grace period is June 2012-August 2013*.  *Exact date determined by certifying institution’s first date of classes. CASE STUDY - ANNALISE

MILITARY SERVICE

 Participation while on active duty in United States or Canadian Armed Services is exempt from organized competition legislation.  Participation does not need to be organized by the military. Bylaw and NCAA Division II Proposal Nos. NC and NC MILITARY SERVICE – UNITED STATES AND CANADA

 PSAs with mandatory military service are most commonly seen from Israel, but a number of countries have a mandatory military requirement.  Requires a Committee for Legislative Relief waiver.  PSA must enlist at first opportunity after high school;  Cannot participate in outside competition after discharge; and  Must enroll at a collegiate institution at first opportunity.  If PSA was granted exceptional or elite athlete status in the military, relief cannot be provided for the year in residence. March 2014 Committee for Legislative Relief Guidelines for Assertions of Mandatory Military Service MANDATORY MILITARY SERVICE

QUESTIONS?