Importance of Enforcement

1
Importance of Enforcement Which Waiver?
DIII Waiver
2
OVERVIEW

• Importance of filing secondaries and how.
• Overlap of enforcement and SAR.
• Waivers - which? When?
• SAR
• SLR
• Division I / Division II PTD
• AIS

3
Importance of Filing Secondaries

• What is secondary enforcement? Why report?
• What is common for Division III?
• What should be submitted?
• Who should you contact with violation
  questions/penalties?

4
Why Self Report Violations?

• Self-reporting violations is not a choice
• Each and every violation must be reported
• Self-reporting violations is a primary element of
  institutional control
• Better to have violations and self-report than to
  not report any violations
• NCAA Division III Committee on Infractions and
  the enforcement staff most concerned about
  institutions that do not report violations
• Necessary to resolve eligibility issues.

5
Types of Violations Whats Common?

• Secondary (Bylaw 19.02.2.1).
• Major (NCAA Division III Bylaw 19.02.2.2).
• The better job an institution does in monitoring
  its athletics programs and self-reporting
  secondary violations, the better chance the
  institution has of avoiding a major infractions
  case.

6
Information Necessary for Self-Reporting

• Reporting forms available on NCAA Web site.
• Reports should contain
• Who, what, when, where and why.
• Bylaw cites.
• Actions taken by institution and conference.
• Whether the institution is seeking reinstatement
  of eligibility for any SA/PSA.

7
How To Self-Report

• If violation affects eligibility and institution
  is seeking reinstatement
• Use student-athlete reinstatement (SAR) form on
  Web site.
• Send to SAR.
• SAR will send to enforcement when done.
• If violation does not affect eligibility or
  institution is not seeking reinstatement
• Send to enforcement (Chris Strobel).

8
How To Determine Penalties/Corrective Actions

• Penalties.
• Apply to area in which violation occurred.
• Go beyond simply eliminating advantage.
• Affect individual and program involved.
• Corrective actions.
• Rules education.
• Improved monitoring procedures.

9
NCAA Web Site

• http//www.ncaa.org
• Legislation and Governance
• Rules Compliance
• Secondary Infractions

10
Resources

• NCAA Web site.
• LSDBi.
• Bylaw 19.5.
• Chris Strobel.
• 317/917-6009
• cstrobel_at_ncaa.org
• Renee Gomila.
• 317/917-6044
• rgomila_at_ncaa.org

11
Student-Athlete Reinstatement
12
Student-Athlete Reinstatement

• Student-athlete reinstatement.
• Waivers.

13
Student-Athlete Reinstatement?

• Determined a violation occurred after reviewing
  applicable legislation
• Violation determined to impact the SAs
  eligibility
• Bylaws 10, 12, 13, 14, 15, 16 and 18.
• SA has eligibility remaining and
• Institution requests SA be reinstated.
• If not seeking reinstatement, still report to
  secondary enforcement.

14
Common Waivers Processed by SAR

• 10-semester extension waivers.
• Bylaws 14.2.2 and 30.6.1.
• Hardship waiver appeals (or independent).
• Bylaw 14.2.5.
• Season-of-Participation Waivers.
• Participation while eligible.
• Bylaw 14.2.7.
• Participation while ineligible.
• Bylaw 14.2.6.

15
Information Necessary for Waiver

• Search LSDBi case precedent and review NCAA
  Division III Manual.
• Review NCAA Division III committee guidelines.
• Call student-athlete reinstatement staff.
• Use reinstatement or waiver application found on
  SAR Web page.
• Always include Buckley Statement.
• Include supporting documentation.
• Send it in early, whenever possible, and if
  appropriate.

16
NCAA Web Site
http//www.ncaa.org Legislation
Governance Compliance Student-Athlete
Reinstatement Forms
17
SLR
18
Subcommittee for Legislative Relief (SLR,
formerly ARS) Waivers

• What is SLR?  
• What are common Division III SLR waiver requests?
  
• What information should be submitted?
• Who should you contact with SLR questions?

19
What is SLR?

• SLR waivers are proactive waivers, requesting
  relief before a circumstance/event occurs that is
  normally impermissible under the legislation.
  SLR cannot waive violations.

20
Common Division III SLR Waivers

• Bylaw 13 (Recruiting Legislation)
• Offers and inducements (Bylaw 13.2).
• Local sports clubs (Bylaw 13.11.2.3).
• Official visits (Bylaw 13.6).
• Precollege expenses legislation (Bylaw 13.15).
• Bylaw 14 (Eligibility Legislation)
• Transfers (Bylaws 14.5 and 14.1.9) - 4-4, 2-4 and
  4-2-4 transfers.
• Transfer requests are the most common SLR waiver.
• Bylaw 14.1.9 graduate-student transfers.

21
Common Division III SLR Waivers (cont.)

• Bylaw 16 (Awards and Benefits Legislation)
• Extra benefits.
• Awards legislation (Bylaw 16.2).
• Permissible expenses for practice/competition
  (Bylaw 16.8).
• Incidental expense waivers (Bylaw 16.12).
• Bylaw 17 (Playing and Practice Seasons
  Legislation)
• First permissible practice or competition date.
  
• Extension of permissible playing and practice
  season.

22
Information Necessary for Waiver

• Waiver application Completed SLR waiver
  application including Buckley release for certain
  requests.
• Cover letter with complete set of facts and
  chronology of events.
• Legible copy of transcripts.
• Supporting documentation of assertions. (e.g.,
  medical documentation, financial records).
• All information submitted must be in writing.
• SLR case precedent.

23
SLR Resources and Contact Info

• Academic and Membership Affairs staff.
• 317/917-6003.
• Follow phone prompts to access an SLR staff
  member.
• SLR fax number.
• 317/917-6881. (Please fax or mail all waiver
  requests)
• Do not e-mail requests to NCAA staff.
• LSDBi for SLR case precedent.

24
NCAA Web Site
http//www.ncaa.org Legislation
Governance Eligibility and Recruiting
(Sub)Committee for Legislative Relief Waivers
(SLR/CLR) SLR Policies/Procedures, SLR
Application, Blanket Waivers and SLR Guidelines
25
Academic Waivers
26
Academic Waivers

• DI/DIII Progress Toward Degree.
• Academic Issues Subcommittee (AIS).

27
What is PTD?

• Academic requirements for Divisions I and II
  (unique to each division) student-athletes.

28
DI/DII Progress Toward Degree Whats Common?

• General transfer rule academic year in
  residence.
• Exception Bylaw 14.5.5.1.1 academically/athlet
  ically eligible at previous institution.
• Need to meet Division I/Division II
  progress-toward- degree (PTD) requirements to get
  exception.

29
Information Necessary for Waiver

• Complete DI/DII PTD waiver.
• Articulate mitigation.
• Official transcript from each institution.
• Documentation.
• Precedent/threshold analysis.

30
NCAA Web Site

• http//www.ncaa.org
• Legislation and Governance
• Eligibility and Recruiting
• Eligibility

31
What is AIS?

• Subcommittee of NCAA Management Council.
• Division III specific waiver. All Bylaw 14.1.8.
• Enrolled less than full time.
• Enrolled less than 12 hours.

32
Common AIS Waivers

• Co-op program.
• Education-impacted disability.
• Final semester.
• NCAA championships after last semester and 60-day
  allowance.
• Olympics.
• General.

33
Information Necessary for Waiver

• Complete AIS waiver application.
• Articulate mitigation.
• Academic record/transcripts.
• Documentation.

34
NCAA Web Site

• http//www.ncaa.org
• Legislation and Governance
• Division III Governance
• Committees and Councils
• Academic Issues Subcommittee

35
Universal Waiver Materials

• Appropriate, complete application.
• Articulated mitigation.
• Documentation.
• Transcripts/academic record.

36
Case Study No. 1

• FACTS
• Indoor track and field SA.
• Practiced on seven occasions/ competed in one
  date of competition while less than fulltime.
• SA didnt inform anyone in athletics that he was
  less than fulltime.
• Institution had educated all SAs regarding
  eligibility for practice and competition.
• Institution withheld SA from one date of
  competition when otherwise eligible.

37
Case Study No. 1

• SAR DECISION
• Reinstated based on institutions action of
  withholding SA from next regularly scheduled date
  of competition.

38
Case Study No. 1

• Is enforcement involved?
• Yes.
• SAR will forward all information to enforcement
  after processing reinstatement request.

39
Case Study No. 2 Bylaw 14.1.9Graduate-Student
Transfer

• FACTS
• 2005-2008 SA practiced and competed at
  Institution No. 1 (Division II).
• May 2008 SA graduated with a 3.500 grade-point
  average.
• 2009-10 SA transferred to Division III
  institution.
• SA would like to be immediately eligible for
  competition at his new institution.

40
Case Study No. 2

• SLR DECISION
• What should be submitted for SLR waiver?
• What was the outcome?

41
Case Study No. 2

• April 2008 SLR Directive Graduate-Student
  Transfers
• The student-athlete graduated ahead of schedule
  (i.e., in less than four years)
• The student-athlete maintained his or her
  education as a full-time student (e.g., no
  breaks or part-time enrollment) and
• The student-athletes excellent collegiate
  academic record (i.e., a minimum 3.000 cumulative
  grade-point average).

42
Case Study No. 3

• FACTS
• Football SA participated in first two contests of
  season prior to learning that his mother was
  diagnosed with life- threatening illness.
• SA discontinued practicing, traveling or
  competing with the team.
• SA went home after classes and assisted family
  and visited with his mother.
• SA would like to regain an additional season.

43
Case Study No. 3

• SAR DECISION
• Institution submits contemporaneous medical
  documentation regarding mothers condition and
  letter from coach indicating SA is not
  practicing, traveling or participating in order
  to spend more time with family.
• Waiver request granted.

44
Case Study No. 3

• Is enforcement involved?
• No.
• Requesting an additional season based on
  participation while eligible does not involve a
  violation and thus no need to process through
  secondary enforcement.

45
Case Study No. 4

• FACTS
• SA hospitalized for a month due to sickness in
  August 2006. Relearns to walk, read, catch a
  ball.
• Enrolls spring 2007. Memory and ability to
  function not where SA started.
• Have medical documentation to support reduced
  course load. Also, sport would benefit SA.
• Disability Services Office signs reduced course
  load paperwork and provides accommodations.
• SA will take nine credits to be fulltime.
• Institution requests SA be allowed to compete.

46
Case Study No. 4

• AIS DECISION
• Grant/Approve.
• Bylaw 14.1.8.2.2.1.3
• Documentation.
• Institutional support.
• Unforeseeable/uncontrollable circumstances.

47
Case Study No. 5Bylaw 14.5.5.1 (4-4 Transfer)

• FACTS
• 2008-09 Student-athlete practiced and competed
  at Institution No. 1 (Division I).
• February 2009 SAs mom diagnosed with cancer. SA
  traveled home frequently to assist with moms
  care.
• 2009-10 SA transferred to Division III
  institution.
• SA was not in good academic standing after the
  2009 spring semester.
• Institution No. 1 will not waive SAs academic
  status because he has left the institution.

48
Case Study No. 5Bylaw 14.5.5.1 (4-4 Transfer)

• SLR DECISION
• What should be submitted for SLR waiver?
• What was the outcome?

49
QUESTIONS?