1. Hardship Waivers and Transfers
Bylaw 14
Hardship Waivers and Transfers
Presented by: Stephanie Grace and Maureen Harty

2. 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 transfer.
Review of case studies pertaining to transfers.

3. 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

4. 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

5. Hardship Waiver Administration
Member of a conference
Independent institution
Conference Office
NCAA Student-Athlete Reinstatement Staff
Committee on Student-Athlete Reinstatement
NCAA Student-Athlete Reinstatement Staff
Committee on Student-Athlete Reinstatement
During the academic year, SAR staff processed 17 hardship waiver appeals from Division III institutions. Five (29 percent) were approved, and the remaining 12 were denied. Of those 12, four were appealed to the committee. The committee upheld the staff’s decision in all four cases.

6. 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.
In DIII, no calculation is needed. The standard denominator for all sports in listed in Figure 14-1.

7. 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.
Proposal No (NO. 2-4) ELIGIBILITY -- SEASONS OF PARTICIPATION -- HARDSHIP WAIVER -- PERCENT CALCULATION (III)
Division: III  Date Issued: January 13, 2010  Date Published: January 13, 2010  Item Ref: 7  Educational Column:
Effective Date: August 1, 2010.
Source: NCAA Division III Presidents Council [Management Council (Student-Athlete Reinstatement Committee)].
Intent: To specify that a student-athlete’s eligibility for a hardship waiver should be determined by a percent calculation using the maximum permissible number of contests or dates of competition for the applicable sport, plus one contest or date of competition.
Question No. 6: How does the proposal apply to the following examples in the sport of softball?
Softball
1. 40 = Maximum contests per Bylaw
2. 41 = Maximum contests plus one.
3. 24 = Minimum number of contests per Bylaw to meet sport-sponsorship requirements.
4. 20 = The first 20 contests establish the first half of the season. Participation in contest number 21 would be in the second half of the season.
5. 14 = One-third (or 33 percent) of 41 contests (13.7 rounded up to 14).
Institution A = Softball
1. Institution schedules 40 contests.
2. Student-athlete participates in the first 14 contests of the traditional segment.
Institution B = Softball
1. Institution schedules 24 contests.
Answer: 
Institution A
This institution scheduled 40 contests which is the maximum number permitted in softball. Under this proposal, the number used in the denominator of the hardship waiver calculation is 41 which is the maximum number of contests permitted in the sport plus one. Since the student-athlete in the example participated in 14 contests, which is equal to one-third (or 33 percent) of 41 contests, and they occurred during the first half of the season (or prior to contest number 21), this student-athlete is able to receive a hardship waiver assuming the remaining parts of the legislation are satisfied. Therefore, for this institution, the application of the hardship waiver legislation is the same under both the current rule and the proposal.
Institution B
This institution scheduled 24 contests which is the minimum number required to meet sports sponsorship in softball. Under this proposal, the institution would use 41 in the denominator of the hardship waiver calculation, as this is the maximum number of contests permitted plus one, instead of the 24 it scheduled. Since the student-athlete in the example participated in 14 contests, which is equal to one-third (or 33 percent) of the 41 contests, and they occurred during the first half of the season (or prior to contest number 21), this student-athlete is able to receive a hardship waiver under this proposal assuming the remaining parts of the legislation are satisfied. This is the case, even though this student-athlete participated in 58 percent of the institution’s actual contests (14 of the 24 scheduled contests). In addition, this is true even though this student-athlete participated in 14 contests which is more than half (i.e., 12 of 24) of the institution’s contests, thereby participating in the second half of the institution’s season if measured by the number of contests actually scheduled. Therefore, for this institution, the application of the hardship waiver legislation is different and more favorable to the student-athlete under the proposal than the current rule. Under the current rule, the student-athlete is only eligible for the hardship waiver if the student-athlete had not competed after the 12th contest of the institution’s 24 scheduled contests and had only competed in a total of eight contests (i.e., one-third or 33 percent of 24)

8. 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.
Proposal No. NC ELIGIBILITY -- SEASONS OF PARTICIPATION -- HARDSHIP WAIVER -- PERCENT CALCULATION -- INDOOR AND OUTDOOR TRACK AND FIELD (III)
Division: III  Date Issued: August 20, 2010  Date Published: August 20, 2010  Item Ref: 1 
Educational Column:
NCAA Division III Convention Proposal No redefined how a season is measured for purposes of applying the hardship waiver criteria.  Rather than defining the season based on the completed or scheduled contests of the specific school, this proposal defined the season based on the standard NCAA Bylaw 17 maximum limitations, plus one contest or date of competition.   This proposal, however, did not account for indoor and outdoor track and field having a combined Bylaw 17 maximum limitation but being treated separately for seasons of participation purposes. Consequently, a student-athlete could compete in almost an entire indoor or outdoor track and field season and still qualify for a hardship waiver.   This situation was addressed in Proposal No. NC which clarified that for purposes of applying the hardship criteria, indoor and outdoor track and field shall each define their season as nine dates of competition.  Further, the "plus one" would not be added to the nine.
Therefore, in order to qualify for a hardship waiver in track and field, the student-athlete would have to suffer a season-ending injury prior to the start of the fifth date of competition and could not have competed in more than three total dates of competition.  This standard would be applied separately to the indoor track and field season and the outdoor track and field season. 
Example No. 1:  The institution schedules six indoor track meets and seven outdoor track meets.  The student-athlete competes in two dates of competition during the indoor track season and is then injured to the point that he or she cannot compete for the remainder of the indoor season and the entire outdoor season. Can this student-athlete receive a hardship waiver for indoor track and field and/or outdoor track and field?
Answer:  Yes.  This student-athlete may receive a hardship waiver for both the indoor and outdoor track and field seasons.  Although the student-athlete has not competed in outdoor track and field he or she may apply for a hardship waiver which, if granted, would enable him to practice without triggering the use of a season in outdoor track and field.
Example No. 2:  The institution schedules six indoor track and field meets and seven outdoor track and field meets.  The student-athlete competes in all six dates of competition during the indoor track and field season and three dates of competition during the outdoor track and field season and is then injured to the point that he or she cannot compete for the remainder of the outdoor season. Can this student-athlete receive a hardship waiver for indoor track and field and/or outdoor track and field?
Answer:  The student-athlete cannot receive a hardship waiver for the indoor track and field season because he or she has competed in more than three dates of competition during the indoor season.  However, the student-athlete may receive a hardship waiver for the outdoor track and field season because he or she competed in only three dates of competition during the outdoor season.
[References:  Bylaws (hardship waiver) and (denominator in percent computation)]
Committee on Student-Athlete Reinstatement Guidelines -- Bylaw (Hardship Waivers).
Hardship Waiver Criteria Specific to Institutions that only Sponsor Indoor or Outdoor Track and Field. The committee recognized that some institutions sponsor only indoor or only outdoor track and field and, therefore, may sponsor more than nine dates of competition. The committee directed the reinstatement staff to use either nine dates of competition or the number of completed dates of competition (whichever is more beneficial to the student-athlete) as the denominator in the percent calculation for hardship waivers involving institutions that sponsor only indoor or only outdoor track and field. (May 2013)

9. Hardship Waiver Calculation Example – Track and Field

10. 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.
Hardship Waiver -- Competition in Second Half of Season
Division: III  Date Issued: April 13, 1994  Date Published: April 13, 1994  Item Ref: c  Interpretation:
c. Hardship Waiver -- Competition in Second Half of Season: The legislative services staff confirmed that a student-athlete does not qualify for a hardship waiver if the individual engages in any outside competition during the second half of the institution's traditional season, including competition while not representing the institution. [References: (hardship waiver) and (reinjury in second half of season)]
Bylaw

11. 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.

12. 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.

13. 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.
Eligibility for Practice. A student-athlete 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 in that sport during the remainder of the season shall use a season of participation, unless the competition meets an exception per Bylaw (Adopted: 8/23/07, Tevised: 10/20/09, 3/4/16)
Bylaw

14. 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?

15. 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 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.

16. 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.
A psychologist or psychiatrist may provide documentation in the case of a mental health issue.
Athletic trainer or physical therapist notes are good supporting documentation but may not be the sole provider of medical documentation.

17. 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.

18. 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.
If a physician clears the SA prior to the conclusion of the season, the injury or illness is not season-ending. If the physician differentiates between being cleared for practice and being cleared for competition, the contemporaneous medical documentation should reflect that distinction.
SA is cleared for competition and has the opportunity to compete in the postseason that other SAs competing in that season may not have. Additionally, because of standard denominator, institutions that schedule less contests have opportunity for their SAs to qualify for a hardship waiver. Opportunity to appeal decision to NCAA staff if conference denies waiver.

19. 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.

20. 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 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

21. 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.

22. 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?
Medical Documentation. Contemporaneous or other appropriate medical documentation from a physician (i.e., a medical doctor), who administered care at the time of the injury or illness, that establishes the student-athlete's inability to compete for the remainder of the traditional playing season as a result of that injury or illness shall be submitted with any hardship-waiver request. Chiropractic records do not constitute medical documentation for purposes of administering a hardship-waiver request. In cases involving a psychological or mental illness, such documentation may be provided by an individual who is qualified and licensed to diagnose and treat the particular illness (e.g., psychiatrist, psychologist). 

23. 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.
Important the institution submit all documentation that was previously submitted to the conference office and the conference office’s decison and rationale for denial.
Additional information, if available, should included as well even if it is noncontemporaneous documentation.

24. Noncontemporaneous Medical Documentation
May 1, 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
In the appeal documents, the institution included this letter from Dr. Ocean dated May 1, 2017.
Due to the timing, this is considered noncontemporaneous documentation.

25. 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.
The staff did approve the waiver upon appeal based on the totality of the circumstances listed above.

26. TRANSFERS

27. 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
First question: is this student a transfer? These are a few of the common transfer triggers. Here is the complete list.
Conditions Affecting Transfer Status. A transfer student is an individual who transfers from a collegiate institution after having met any one of the following conditions at that institution:
(a) The student was officially registered and enrolled in a minimum, full-time program of studies in any quarter or semester of an academic year, as certified by the registrar or admissions office and attended class; (Revised: 1/9/06)
(b) The student attended a class or classes in any quarter or semester in which the student was enrolled in a minimum full-time program of studies, even if the enrollment was on a provisional basis and the student was later determined by the institution not to be admissible;
(c) The student is or was enrolled in an institution in a minimum full-time program of studies in a night school that is considered to have regular terms (semesters or quarters) the same as the institution's day school, and the student is or was considered by the institution to be a regularly matriculated student;
(d) The student attended a branch school that does not conduct an intercollegiate athletics program, but the student had been enrolled in another collegiate institution before attendance at the branch school;
(e) The student attended a branch school that conducted an intercollegiate athletics program and transfers to an institution other than the parent institution;
(f) The student reported for a regular squad practice (including practice or conditioning activities that occurred before certification), announced by the institution through any member of its athletics department staff, before the beginning of any quarter or semester, as certified by the athletics director. Participation only in picture-day activities would not constitute "regular practice;" or
(g) The student participated in practice or competed in a given sport even though the student was enrolled in less than a minimum full-time program of studies.

28. 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
When speaking with a coach or SA, always start with “the transfer student-athlete must sit a year in residence before becoming eligible to compete unless we can find an exception that will allow him/her to be immediately eligible”. Starting at immediately eligible and then confirming it is like driving the wrong way on a one way street.

29. 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, or a 2-4 transfer.
= 4-4. =
2-2-4 = 2-4.
Regardless of how many institutions a SA has attended, they will fit into one of the three types listed: 4-4, 4-2-4, or 2-4. It is important to determine the type of transfer, since the rules will vary form one type to the other.

30. 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
A transfer that leaves their previous institution under disciplinary suspension=automatic year in residence. If the tracer form indicates a SA was suspended, it is important to determine what type of suspension is involved.

31. 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
Academic suspension does not require the automatic year in residence. Suspended from the team does not equate to disciplinary suspension imposed by the institution. The staff and interpretation and educational column listed provides that guidance.

32. Four Year Transfers

33. (C) Nonsponsored Sport
4-4 Transfer Exceptions
A SA could be immediately eligible if:
SA never participated in intercollegiate athletics; or
(A) Nonparticipant
SA athletically and academically eligible at time of transfer; or
(B) Eligible
Previous school did not sponsor sport; and
SA earned > 24-semester/36-quarter hours of transferable degree credit.
(C) Nonsponsored Sport
Let’s start with 4-4 transfers. Remember our initial analysis is that the individual must serve a year in residence and now we will look to see if the student meets an exception that would allow him/her to be immediately eligible.
Three exceptions that a 4-4 transfer could meet that would allow him/her to be immediately eligible.
A Never participated in intercollegiate athletics at any institution.
B is based upon the SAs eligibility at the previous institution. Note in B it is at the time of transfer.
C can be used if the previous institution did not sponsor the spote. Note in C it is transferable degree credit, not overall credits.

34. 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?
Note type of transfer first-4-4.
Go down list of possible exceptions.

35. 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.
Do they meet A? Yes. But what about the club participation? It does not change the analysis. Transfer is immediately eligible.

36. 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 GPA.
Again first determine type of transfer
Now go through the list of exceptions.

37. 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.
A is not applicable, he participated.
C is not applicable, the previous institution sponsored the sport.
He will have to meet Exception B-Eligible.
Since the tracer says he was not eligible at the previous institution, he does not meet B.
Remember B states at the time of transfer. What if the SA makes up his/her academic deficiency before enrolling in your institution?

38. 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.
For example at the end of the spring term the SA has a 1.95 GPA and needs a 2.0 to be eligible. If the SA can remain at the previous institution and enroll in summer school and rectify his academic deficiency AND the previous four year school can certify after summer session concludes that he would now be academically and athletically eligible had he remained, the transfer would now meet the exception. This must occur before the student triggers transfer to your institution.

39. Two Year
Transfers

40. 2-4 Transfer Exceptions A SA could be immediately eligible if:
SA never participated in intercollegiate athletics; or
(A) Nonparticipant
Never attended four-year school; and
Athletically and academically eligible at two-year at time of transfer
(B) Eligible
Switching gears now to 2-4 transfers.
There are four exceptions that a 2-4 transfer could use in order to be immediately eligible at your institution.
A Nonparticipant
B Eligible-can only be used if the transfer never attended a four year school

41. 2-4 Transfer Exceptions A SA could be immediately eligible if:
Athletically and academically eligible at first four-year institution at time of transfer from the previous four-year institution; or
(C) 4-2-4
Attended two-year school for > two semesters or three quarters; and
Earned > 24-semester or 36-quarter hours of transferable degree credit.
(D) 24/36
C-May be used if the transfer did attend a four year school.
In C it is at the time of transfer from the previous four-year institution. So a SA could not ask that his two year college work be transferred back to the four year school to rectify an academic deficiency he/she had when leaving that four year school.
D-Note once again this is credit that must be accepted at your institution (transferable credit).

42. Eligibility Question No. 3
SA is a 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.
What is of note about this transfer student? Only enrolled PT as 2nd institution. We would analyze this student as a 2-4 transfer.

43. Eligibility Question No. 3
A. Nonparticipant- SA never participated in intercollegiate athletics.
B. Eligible- SA athletically and academically eligible at time of transfer.
C 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.
A-would not apply.
B-Since he was PT at the 2nd institution, we look at his status at the first 2-year institution. Since he was athletically and academically eligible at the first two year, he meets B.

44. Eligibility Question No. 4
SA is a 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.
Eligible after 4 year? Eligible after 2 year?

45. Eligibility Question No. 4
A. Nonparticipant- SA never participated in intercollegiate athletics.
B. Eligible- SA athletically and academically eligible at time of transfer.
C Athletically and academically eligible at first four-year institution.
D. Terms and Credits- Attended two-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 so B does not apply. SA was not eligible at the 4-year institution so C does not apply. SA has only 21 transferable credits so D does not apply.
A-does not apply since SA participated in intercollegiate athletics.
B- transfer was not eligible at time of transfer from the 2-year school.
C-transfer was not eligible at the time of transfer from the 4-year school.
D- although the transfer’s successfully completed 24 hours, only 21 of them are transferable to your institution.

46. Two Year
Non-Participation

47. 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.
Bylaw
Remember this is calendar years and not academic years.
Two-Year Nonparticipation Exception. The student transfers to the certifying institution from a two-year college or from a branch school that conducts an intercollegiate athletics program and, for a consecutive two-year period immediately before the date on which the student begins participation (practice and/or competition), the student has neither practiced nor competed in the involved sport in intercollegiate competition, and has neither practiced nor competed in organized noncollegiate amateur competition while enrolled as a full-time student in a collegiate institution. This two-year period does not include any period of time before the student's initial collegiate enrollment. (Adopted: 1/11/00, Revised: 3/23/01)

48. 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.
Two Year Non-Participation
If a SA must sit a year in residence in one sport (lets say soccer), if they meet the 2 year non-participation in another sport (lets say lacrosse), they can be immediately eligible in that second sport (lacrosse).

49. International Student-Athlete Certification

50. Common Concerns Lack of clear information.
Delayed enrollment and organized competition prior to collegiate enrollment.
Club teams.

51. International Transfers
All international institutions are considered four-year for purposes of transfer legislation (even if it is a two- or three-year program). All of the standard 4-4 transfer exceptions would apply to an international transfer.

52. 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…
Bylaw
Bylaw
It is important to collect a complete history on international students.
Participation in Organized Competition Before Initial Collegiate Enrollment. An individual who does not enroll in a collegiate institution as a full-time student in the regular academic year term that begins immediately after a one-year period (the next opportunity to enroll after the one calendar year period has elapsed) following his her high school graduation date (or the international equivalent as specified in the NCAA Guide to International Academic Standards for Athletics Eligibility) shall use a season of intercollegiate participation for each consecutive 12-month period after the one-year time period and before the initial collegiate enrollment in which the individual participates in activities that meet the criteria set forth in Bylaw (Adopted: 1/14/02 effective 8/1/02, Revised: 1/12/04 effective 8/1/04 for any athletics participation occurring on or after 8/1/04, 1/15/14)

53. 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.
Most incoming students will claim they were never a pro, but you must determine if the other members of the team triggered professional. What exactly did they receive from the club team? If they signed anything, ask for a copy, even if they say it was not a contract. And finally, was a booster involved with the PSA in any way?
Activities Constituting Use of Season. An individual shall use a season of participation per Bylaw if the individual engages in activities that meet any of the following criteria: (Adopted: 1/14/02 effective 8/1/02, Revised: 1/12/04 effective 8/1/04 for any athletics participation occurring on or after 8/1/04)
(a) Any team competition or training in which pay in any form is provided to any of the participants above actual and necessary expenses;
(b) Any individual competition or training in which the individual accepts pay in any form based on his or her place finish or any competition or training in which the individual accepts pay in any form above actual and necessary expenses;
(c) Any competition pursuant to the signing of a contract for athletics participation or entering a professional draft; or
(d) Any competition funded by a representative of an institution's athletics interests that is not open to all participants. (Adopted: 1/14/02 effective 8/1/02)

54. 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?
Must analyze his participation history. Speak to PSA, speak to your coach, do an internet search, are there other SAs from that team currently enrolled at other schools?

55. Eligibility Question No. 5
If the SA did not trigger:
Pro Team Payment Contract/Draft Booster
the SA would not have used a season.
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.
This SA may not have triggered one of the four pitfalls BUT participation in Major Junior Hockey has a stricter penalty.
Major Junior Ice Hockey. An individual who participates on a Major Junior ice hockey team shall use a season of intercollegiate participation for each calendar year or sport season in which the individual participates, regardless of when such participation occurs (including participation during high school enrollment). The individual must also fulfill an academic year of residence (see Bylaw ) before being eligible to represent the institution in intercollegiate competition in the sport of ice hockey. (Adopted: 4/21/09, Revised: 7/15/11)

56. 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
Club Team. Participation on either a two-year or a four-year collegiate institution's club team is exempted from the application of this legislation, provided the institution does not sponsor the sport on the varsity intercollegiate level. (Adopted: 1/12/04, Revised: 5/14/09)

57. 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
NCAA DIII Bylaw
Ask about the overall operation of the international institution’s club team and their involvement in running the club.
Educational Column
2000 Column No Foreign Club Teams and Intercollegiate Competition Date Published: December 18, Member institutions should note that intercollegiate competition occurs when a student-athlete in either a two-year or four-year collegiate institution: (1) represents the institution in any contest against outside competition, regardless of how the competition is classified or whether the student is enrolled full time; (2) competes in the uniform of the institution or, during the academic year, uses apparel or equipment received from the institution that includes institutional identification; or (3) competes and receives expenses from the institution for the competition.
In addition, according to a official interpretation (reference: 3/19/87, Item No. 4), a student-athlete is not charged with a season of competition in a particular sport if the student-athlete competes for a collegiate institution's "club" team, provided the institution does not sponsor the sport on the varsity intercollegiate level.
Based on the above legislation and interpretations, member institutions often conclude that a transfer student from a foreign collegiate institution has not engaged in intercollegiate competition (i.e., has not used any seasons of competition), or that the student qualifies for an exception to the "4-4" transfer regulations (e.g., discontinued/nonsponsored sport exception) because the student competed only for an institution’s "club" team. Institutions should note that a team consisting of collegiate students competing in a foreign country may not automatically be considered a "club" team for purposes of NCAA rules simply because the team is labeled as a "club" team. Before reaching any final conclusions about whether a transfer student has used any seasons of competition or qualifies for a particular transfer exception, it is the responsibility of the institution to investigate the facts regarding a transfer student's previous athletics participation and determine whether the student's participation on a "club" team while attending a foreign institution constituted varsity intercollegiate competition under NCAA Bylaw
For example, the membership services staff recently encountered a situation in which a student-athlete, while enrolled as a full-time student in an Australian university, participated in tennis competition as a member of the Australian university's tennis "club." Initially, it appeared that the student may not have used a season of competition by competing for the Australian university's tennis club, inasmuch as the institution indicated that it does not sponsor tennis or any other sport on the "varsity" level, and any full-time student at the institution has the opportunity to pay a fee to join the tennis club. However, additional research revealed that each of the institution's sports "clubs" chooses a select group of student-athletes from the club to represent the institution in various "intervarsity" contests against other colleges (e.g., the Australian University Games), and the student-athletes wear uniforms with institutional logos in such competition. In addition, the institutional entity that administers the various sports clubs subsidizes the travel and equipment expenses of the club teams to enable them to represent the institution in the "intervarsity" contests. The staff also learned that the administrative entity helps pay the coaches' salaries, provides athletics scholarships to the most talented student-athletes and supports recruiting efforts for the sports clubs. Based on these facts, the teams selected by Australian institution's sports clubs to compete in "intervarsity" contests were deemed to be the equivalent of varsity teams in the United States. Therefore, the student-athlete who engaged in outside competition on behalf of the Australian institution's club tennis team was charged a season of competition.

58. Questions?

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