1. Division I Waivers Processed by Student-Athlete Reinstatement

2. Overview General Process.
Review types of waivers processed by NCAA student-athlete reinstatement (SAR).
Documentation standards.
Case examples.
Questions.

3. General Process SAR staff is the initial review authority.
One exception: hardship waiver.
Conference office = initial review authority.
NCAA Division I Committee on Student-Athlete Reinstatement is the appropriate appellate body.
Committee is made up of five individuals from the Division I membership.

4. Types of Waivers

5. Waivers Hardship waiver - appeal.
Hardship waiver - independent institution.
Extension of five-year period of eligibility.
Season-of-competition waiver – competition while eligible.
Season-of-competition waiver – competition while ineligible.
Athletics activities waiver.

6. Hardship Waiver Appeals NCAA Division I Bylaw 14.2.4

7. Hardship Waiver Appeals
Criteria:
Incapacitating injury or illness occurs in one of four seasons of competition;
Two-year or four-year collegiate institution; or
After the first day of classes in SA’s senior year in high school.
Injury or illness occurs prior to the first competition of the second half of the playing season that concludes with NCAA championship; and
Injury or illness occurs when SA has not participated in more than three contests or dates of competition or 30 percent.
See Bylaw (c) and (d) regarding team vs. individual sport distinction.
Bylaw

8. Items to Consider
Only a conference may appeal a denied hardship decision to staff (Bylaw );
Include conference denial and reason(s) waiver was denied;
Appeals that exceed percentage are generally denied by staff;
Institution must demonstrate injury suffered was “incapacitating;”
SA must compete in order to receive hardship waiver; and
Identify unique circumstances.
Bylaw

9. Five-year rule waiver requests bylaw 30.6.1

10. Circumstances Beyond the Control vs
Circumstances Beyond the Control vs. Circumstances Within the Control of Institution or Student-Athlete
WITHIN the control = PO (participation opportunity)
BEYOND the control = DPO (denied participation opportunity)
Redshirt year.
Incapacitating physical or mental circumstances suffered by SA.
Institution does not sponsor sport or SA chooses not to participate.
Incapacitating injury or illness of SA’s immediate family member.
Transfer year in residence or not meeting academic requirements.
Extreme financial difficulties as a result of a specific event.
SA’s lack of understanding regarding five-year clock.
Natural disasters.
Misinformation by coaching staff member
Erroneous academic advice from specific academic authority.
Bylaw

11. Items to Consider
Participated in very few contests over career/multiple years = DENIED EXTENSION REQUEST;
Obligation is placed on institution to demonstrate a particular academic year is deemed a “DPO.”
Granted hardship waiver when competed = one DPO.
One granted hardship waiver does not equal granted extension request.
Bylaw

12. Season-of-Competition Waivers Bylaws 14.2.5 and 14.2.6

13. Season-of-Competition Waivers
What was the eligibility status of the SA when competition took place?
Ineligible  filing a waiver under Bylaw
Also must seek reinstatement.
Eligible  filing a waiver under Bylaw

14. Season-of-Competition Waiver – Competition While Ineligible
Two Categories:
Erroneous formal declaration of eligibility by institution's appropriate certifying authority.
SA's good faith, erroneous reliance on a coaching staff member's decision to put SA into competition.
Criteria:
Competition at an NCAA institution.
Competition occurred within 60 days of the date SA first reported for athletics participation.
Did not participate in more than two events or 10 percent (whichever is greater).
Bylaw

15. Requirements for the above categories:
Season-of-Competition Waiver – Competition While Eligible
Four Categories:
Life threatening injury or illness suffered by a member of SA's immediate family.
Must provide contemporaneous medical documentation.
Extreme financial difficulties.
Must have a specific event.
Must provide objective documentation.
Dropped sport.
Timing of institution’s decision.
Reasonable person standard applied to SA's decision to cease competing.
Requirements for the above categories:
Competition occurred prior to the completion of the first half of the championship segment.
No more than three events or 30 percent (whichever is greater) of the institution's scheduled or completed events.
Bylaw

16. Season-of-Competition Waiver – Competition While Eligible (continued)
Four Categories:
Requirements:
Coach's documented misunderstanding of NCAA legislation.
PENALTY:
Alumni contest, exhibition contest, scrimmage or nonchampionship season contest at an NCAA institution.
First 20 percent of the championship segment.
Two events or 10 percent (whichever is greater) of the institution's season.
Two-for-one withholding condition. (Bylaw )
Bylaw

17. Athletics Activities Waiver Bylaw 14.2.1.4

18. Athletics Activities Waiver
Provides an extension to a SA's five-year clock for participation in specific elite training and competition.
Extension is limited to one time during SA’s career.
Period of extension may not exceed more than one year per SA, per sport.
Bylaw

19. Athletics Activities Waiver (continued)
Documentation and other information to be submitted with waiver:
The specific legislative participation criteria met.
Type of Activity
Timeframe [date(s) and name(s) of event(s)].
Inability of SA to participate in intercollegiate athletics.
Documentation from appropriate National Governing Body.
Otherwise eligible.
Bylaw

20. Documentation Standards Extensions and Waivers

21. Injury or Illness Medical Documentation Standards
Contemporaneous or other appropriate medical documentation, from a physician (medical doctor) who administered care at the time of injury or illness, that establishes SA’s inability to compete as a result of injury or illness shall be submitted.
Bylaws and

22. Injury or Illness Medical Documentation Standards (continued)
Three key components:
Contemporaneous diagnosis of injury or illness.
Acknowledgment that injury or illness is incapacitating.
Length of incapacitation.
Bylaws and

23. Legislative Requirement:
Injury or Illness Medical Documentation Standards (continued)
Legislative Requirement:
What to submit:
Contemporaneous diagnosis of injury or illness.
Documentation from the time of the onset of the injury or illness.
Operation or surgical report;
Emergency room documents; and
Evaluation/assessment notes from doctor's visit(s).
Injury or Illness is Incapacitating.
Documentation from medical professional who diagnosed the original injury or illness.
Length of incapacitation.
Returning to competition is not possible.
Training room notes and
Documentation demonstrating continued doctors visits.
Bylaws and

24. Extreme Financial Difficulties Documentation Standards
Specific event;
Negative financial impact; and
SA is unable to participate (i.e., timing).
Examples of documentation:
Tax documents, including federal income tax returns;
Tax or property liens;
Bankruptcy fillings; and
Documentation from an employer regarding a layoff/downsizing.
Bylaws

25. Case Studies

26. Hardship Waiver Appeal Case Study
Denied by conference office.
Women’s basketball SA competed in second half of season.
January 4 SA was diagnosed with bulimia.
Eating disorder “treatment team” included physician.
SA was medically barred from participating in practice activities.
Until raised weight/body image issues resolved.
SA competed February 15 and 21 (both in second half).
Medically cleared April 8.
NCAA Bylaw

27. Hardship Waiver Appeal Case Study
Denied by conference office.
Baseball SA competed in second half of season.
March 16 SA suffered high ankle sprain.
Physician’s visit and received X-ray and MRI.
SA subsequently competed April 3 and 17.
Latter contest in second half of season.
April 19 SA underwent X-rays, April 27 SA underwent
MRI.
Initial treating physician provided statement of misdiagnoses.
SA should not have been allowed to compete after March 16.
NCAA Bylaw

28. Extension Request Case Study
: Institution No. 1; SA competed in football. Institution No. 1 did not sponsor baseball.
: Institution No. 2; SA competed in baseball.
: Institution No. 2; SA competed in baseball.
: Institution No. 2; SA competed in 28 of 53 contests (53 percent) prior to suffering a leg injury.
: Institution No. 2; SA competed in eight contests prior to an arm injury and was granted a hardship waiver by the conference office.
NCAA Bylaw

29. Extension Request Case Study
: Institution No. 1; football SA did not compete.
High ankle sprain after seventh contest in 13-contest season.
Documentation also reflected SA had sustained various other injuries institution No. 2 was unable to provide documentation to indicate SA was incapacitated prior to ankle injury.
: Institution No.1; SA competed.
: Institution No. 1; SA competed and was granted a hardship waiver by conference office.
: Institution No 2; SA competed.
: Institution No 2; SA competed.
NCAA Bylaw

30. Season-of-Competition Waiver – Competition While Ineligible Case Study
Coach permitted a transfer baseball SA to pitch one inning of an alumni game September 2009.
SA was serving a transfer year in residence.
Coach misunderstood playing season legislation specific to alumni contests.
Coach’s statement provided.
The contest was an exempted competition and not counted toward the permissible contests for baseball.
SA believed eligible to compete.
Also must seek reinstatement.
NCAA Bylaw

31. Season-of-Competition Waiver – Competition While Eligible Case Study
Women's basketball SA competed in a scrimmage and an exhibition contest in the first half of the season.
Coach stated he would not have played SA if he had known it would constitute a season of competition.
Documented misunderstanding.
Bylaw penalty applies.
NCAA Bylaw

32. Season-of-Competition Waiver – Competition While Eligible Case Study
Men’s basketball SA competed in first nine contests of season.
Institution had a total of 26 contests.
SA could have competed in eight.
All in first half.
SA held-up at gunpoint while walking from campus to off- campus apartment.
SA stated felt unsafe after incident and chose not to return for 2009 spring term.
NCAA Bylaw

33. Season-of-Competition Waiver – Competition While Eligible Case Study
Men’s swimming SA competed in one date of competition academic year.
Institution’s Board of Trustees (BOT) officially dropped program July 2008 due to budgetary constraints.
October 2008 BOT reinstated program for academic year.
Team continued to train during academic year.
Head coach entered SA in one exhibition meet spring 2009.
Boost morale.
Only event in which SA competed during academic year.
No official team schedule existed for academic year.
NCAA Bylaw

34. Questions…