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Division I Legislative Relief Waivers

• Jen Daniels and Vanessa Fuchs
• Academic and Membership Affairs Staff

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• NCAA Division I Legislative
• Council Subcommittee for
• Legislative Relief Waivers (SLR)

Formal Name of Subcommittee
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Overview

• Four Focal Points.
• Hot Topics.
• Case Study.
• Whats New?
• SLR Basics.

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Four Focal Points
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Focal Points

• (1) Legislative relief staff new customer service
  initiatives.
• (2) For urgent/unforeseen circumstances, call our
  staff prior to submitting waiver. A phone waiver
  may be available (resource packet).
• (3) Waiver submission best practices.
• (4) The staff is here to help!

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No. 1 - Customer Service Initiatives

• E-mail confirming receipt and assignment of
  waiver.
• Initial contact from case administrator within 48
  hours of assignment.
• Proactive communication status updates.
• Handling of cases while out-of-office.
• Enhancements to Web site.

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No. 2 - Phone Waivers

• For unforeseen events or circumstances.
• Institutions may call 317/917-6003 and indicate
  they have a potential SLR phone waiver request.
• Phone waivers do not eliminate the need to file a
  waiver.

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No. 3 Best Practices

• Visit Legislative Relief Web site.
• Search case precedent.
• File waiver at the time it is discovered that a
  waiver is necessary.
• Have policies and procedures.
• Make sure waiver is necessary and that you are
  filing the appropriate waiver
• Call 317/917-6003 to speak with legislative
  relief staff member about a pending waiver.

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No. 4 Role of NCAA Staff

• Help institution build strongest case.
• Ask/explain additional questions.
• Resource (e.g., assist with precedent search,
  identifying/explaining applicable guidelines).
• Process case in timely manner under
  students-first philosophy.

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SLR Hot Topics
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Summary of Hot Topics

• NCAA Division I Proposal No. 2009-22.
• NCAA Bylaw 16.8.1.2.1 (departure/return expense)
  waivers.
• Transfers involving misinformation/lack of
  information.
• Bylaw 17.2.8.3 (varsity squad size limitation)
  waivers.
• Post-9/11 G.I. Bill and Yellow Ribbon Program.

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Proposal No. 2009-22
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Delayed Enrollment

• Most common assertions
• Minimal amount of competition/caliber of
  competition
• Lack of knowledge (domestic or international)
• Institution discovered student-athlete (SA) is
  subject to the rules after enrollment and
• Misinformation/lack of information.

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Delayed Enrollment

• Guidelines for most common assertions
• Continue to review case-by-case
• Assertions in and of themselves will not likely
  result in relief from the legislation.
• Primary analysis shall focus on the circumstances
  outside of the SAs control (e.g., specific event
  that necessitated the delay such as a financial
  hardship or the death of a family member) that
  necessitated the individuals delayed collegiate
  enrollment.

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International Mandatory Military

• April 2010 Guidelines
• Mandatory military service requirement must be
  supported by objective documentation
• The guidelines only apply to training and
  competition that occurs while a SA is fulfilling
  his or her mandatory military service
  requirement and
• The participation may only be of an amateur
  nature and there can be no amateurism violations
  as a result of the participation (e.g., prize
  money, contract, professional competition).

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International Mandatory Military

• The guidelines only apply to the delayed
  enrollment legislation for sports other than
  men's ice hockey and skiing (Bylaws 14.2.3.2.1
  and 14.2.3.2.2).
• The guidelines DO NOT apply to the 20th birthday
  (tennis) or the 21st birthday (mens ice hockey
  and skiing) legislation.

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International Mandatory Military

• April 2010 Information Standards
• Mandatory military service requirement must be
  supported by objective documentation e.g.,
  service enlistment date, service discharge date,
  attendance report that includes all leave time
  taken by the SA to practice, train and/or compete
  in his or her sport
• Date of high school graduation as determined by
  the NCAA Eligibility Center

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International Mandatory Military

• April 2010 Information Standards (cont.)
• Documentation that the individual immediately
  enrolled as a full-time student at a collegiate
  institution at his or her first opportunity on
  being discharged from mandatory military service
  and
• Additional documented mitigation (e.g.,
  circumstances outside of the individuals or
  institutions control), if any, related to why
  relief is warranted from the tennis and swimming
  and diving legislation.

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Delayed Enrollment and BTEC Programs

• SAs who become subject to the delayed enrollment
  legislation while enrolled in BTEC coursework
• Absent other extenuating circumstances, no relief
  shall be provided for assertions related to BTEC
  coursework.
• Mitigation for why a SA enrolled in BTEC will be
  considered (e.g., students family moved to
  pursue new employment and student had to change
  schools).

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Bylaw 16.8.1.2.1 Waivers Departure/Return
Expense Restrictions
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Bylaw 16.8.1.2.1 Waivers

• Check interpretations!
• File waiver prior to purchasing flights.
• Travel involving overall cost savings.
• Change in competition schedule or flight schedule
  after flights purchased.
• Phone waivers available.

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Transfers Involving Misinformation/Lack of
Information
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Misinformation/Lack of Information October 1999
Guidelines

• Circumstances Warranting Possible Relief
• SA relied in good faith on academic
  misinformation
• Had correct information been provided, SA could
  have met the necessary transfer requirements and
• But for the misinformation, he or she could have
  been eligible.

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Misinformation/Lack of Information October 1999
Guidelines (Continued)

• Source of academic misadvisement are coaching
  staff members from a two-year institution, an
  NCAA institution or an NAIA institution
  Reviewed on a case-by-case basis but subcommittee
  inclined to deny.
• SAs initial-eligibility status is taken into
  consideration for 2-4 transfers.
• Reviewed on a case-by-case basis but subcommittee
  acknowledged the difference between nonqualifiers
  and qualifiers.

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New Guideline for Misinformation/Lack of
Information

• April 2010 Guidelines
• Bylaws 14.5.5.4 (eligibility for institutional
  athletically related financial aid) and 15.3.3.1
  (one-year period).
• Analyzed on a case-by-case basis.
• Subcommittee is inclined to deny.

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Bylaw 17.2.8.3 Varsity Squad Size Limitation
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Bylaw 17.2.8.3 Baseball Squad Size Limitation

• October 2009 Guidelines
• Relief may be provided if a SA who is a counter
• Suffered a season-ending, incapacitating injury
  or illness prior to any participation in
  countable athletically related practice
  activities.
• No relief will be provided if a baseball SA has
  participated in one or more days of countable
  athletically related practice activities absent
  other extenuating or extraordinary circumstances.
  
• Analysis under these guidelines does not apply to
  the baseball financial aid legislation (i.e.,
  Bylaws 15.5.4 and 15.5.4.1).

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Bylaw 17.2.8.3 Information Standards

• Medical documentation demonstrating the
  incapacitating injury or illness (e.g., date of
  onset, prognosis, date of surgery, physicians
  statement, rehabilitation plan) and
• Explanation of SAs participation in all
  countable athletically related activities during
  the involved academic year (e.g., on-field
  practice sessions, weight training, conditioning
  activities, individual skill workouts).

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Post-9/11 G.I. Bill and Yellow Ribbon Program
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Post-9/11 G.I. Bill and Yellow Ribbon Program

• A blanket waiver for Bylaw 15.2.5 (government
  grants) was approved for the 2009-10 and 2010-11
  academic years to permit institutions to exempt
  the Post-9/11 G.I. Bill funds from counting
  toward a SA's cost of attendance calculation (SLR
  Case No. 12868).

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Post-9/11 G.I. Bill and Yellow Ribbon Program

• Blanket waiver does not apply to the Yellow
  Ribbon G.I. Education Enhancement Program.  
• The financial aid a SA receives from the Yellow
  Ribbon Program must count against SAs cost of
  attendance calculation and,
• If the SA receives athletics aid, the
  institutional financial aid contributed towards
  the Yellow Ribbon Program must be counted against
  the maximum financial aid limit in the SA's sport
  (i.e., team limit).

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Post-9/11 G.I. Bill and Yellow Ribbon Program

• The NCAA Division I Awards, Benefits, Expenses
  and Financial Aid Cabinet will re-examine the
  Yellow Ribbon Program during its June 2010
  meeting.

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Case Study
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Transfer Asserting Financial Hardship

• 2009-10 Baseball SA practiced, competed and
  received aid (25 percent) at an out-of-state
  Division I institution.
• November 2009 SAs dad received a 25 percent pay
  cut.
• May 2010 SA granted permission to contact.
• 2010-11 SA will transfer to an in-state Division
  I institution and receive 50 percent of a FGIA.

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Transfer Asserting Financial Hardship

• What additional information or documentation do
  you need to conduct your analysis?
• What factors would you focus on in your analysis
  and why?

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Transfer Asserting Financial Hardship

• What was SAs overall financial aid package at
  Institution No. 1? Applicant?
• Cost of attendance at No. 1? Applicant?
• Parents contribution at No. 1? Applicant?
• What was dads previous salary? New salary?
• Is the financial hardship documented?
• Does the family have other income?

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Transfer Asserting Financial Hardship

• Does SA have responsibilities related to
  providing financial support for his family?
• What efforts did SA make to remain at No. 1?
• What was SAs academic record at No. 1?
• Does No. 1 support waiver?

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Transfer Asserting Financial Hardship

• January 2004 Guidelines
• When a SAs transfer is the result of a specific
  event causing a financial hardship and supporting
  objective documentation is provided, relief from
  the transfer year in residence may be considered.
  

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Whats New?
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Whats New?

• AMA Online.
• Updated Previously Approved Waivers List.
• Division I Incidental Expense Waivers List.
• AMA On Demand Video.

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• Where To Go For HELP!
• AMA staff.
• 317/917-6003.
• SLR Web site.
• www.ncaa.org gtgt legislation and governance gtgt
  eligibility and recruiting gtgt (Sub)Committee for
  Legislative Relief Waivers (SLR/CLR).
• LSDBi for SLR case precedent.
• AMA Online!

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Recap

• (1) Legislative relief staff new customer service
  initiatives.
• (2) For urgent/unforeseen circumstances, call our
  staff prior to submitting waiver. A phone waiver
  may be available (resource packet).
• (3) Waiver submission best practices.
• (4) The staff is here to help!

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SLR Basics
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Authority

• Established to provide flexibility with regard to
  NCAA legislation.
• No other specified staff or committee.
• May seek guidance from other committees.
• Cannot waive violations.
• 800 waivers filed annually (Divisions I, II and
  III combined.)

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Common Requests Reviewed By SLR

• Recruiting (Bylaw 13).
• Delayed enrollment (Bylaw 14.2.3.2).
• Transfers (Bylaw 14.5).
• Outside competition (Bylaw 14.7).
• Financial aid (Bylaw 15).
• Awards and benefits (Bylaw 16).
• Playing and practice seasons (Bylaw 17).

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• If A Waiver Is Necessary, Is SLR the Appropriate
  Avenue?
• What specific legislation/interpretation is
  prohibiting the circumstances desired within the
  waiver?
• Within that legislation is there a designated
  group with waiver authority?

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• Is SLR the Appropriate Avenue?
• Case Study No. 1
• Sarah, a qualifier in the sport of womens
  basketball, signed a National Letter of Intent
  (NLI) and initially enrolled at a Division I
  institution for the 2010 fall term. She competed
  and received aid.
• Sarahs mother was diagnosed with cancer October
  2010.
• Sarah only passed three hours due to traveling
  home frequently to see her family.
• Sarah will transfer to another Division I
  institution in her hometown for the 2011 spring
  term and would like to participate.

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Is SLR the Appropriate Avenue? Case Study No.
1 (Continued)

• What specific legislation/interpretation is
  prohibiting the circumstances desired within the
  waiver?
• Within that legislation is there a designated
  group with waiver authority?

• Bylaw 14.5.5.1 (general rule).
• Bylaw 14.5.5.2.10 (one-time transfer exception).
• Bylaw 14.5.5.4 (eligibility for institutional
  athletically related aid).
• What about Bylaw 14.4.3.1.2-(a) (transfer)?
• Division I progress-toward-degree waiver?
• NLI issues?

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• Is SLR the Appropriate Avenue?Case Study No. 2
• Mike initially enrolled for the 2005-06 academic
  year.
• One season of competition remaining after the
  2009-10 academic year.
• Institution would like Mike to be able to use his
  last season of competition.

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Is SLR the Appropriate Avenue?Case Study No. 2
(Continued)

• What specific legislation/interpretation is
  prohibiting the circumstances desired within the
  waiver?
• Within that legislation is there a designated
  group with waiver authority?

• Bylaw 14.2.1 (five-year/10-semester rule).
• Bylaw 30.6.1 (five-year/10-semester rule
  waivers).
• NCAA Division I Committee on Student-Athlete
  Reinstatement (SAR) has authority for extension
  requests in Bylaw 30.6.

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What Should Be Submitted?

• Completed SLR waiver application.
• Buckley Statement.
• Cover letter with complete set of
  facts/chronology.
• Legible copy of transcripts.
• Supporting documentation submitted in writing.
• Prohibitive bylaw(s) cited.
• SLR case precedent (see SLR Web site to view
  tips for searching precedent).

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Analysis

• Extenuating or extraordinary circumstances.
• SA well-being.
• Intent of legislation.
• Recruiting/competitive advantage.
• Case precedent.