Division I Legislative Relief Waivers

1. Division I Legislative Relief Waivers D. Kelly Brooks and Ryan A. Hall

2. Overview • NCAA Division I Legislative Council Subcommittee for Legislative Relief (SLR) Fundamentals. • Delayed Enrollment. • Sample SLR Waivers. • Discussion. • Questions?

3. SLR FUNDAMENTALS

4. Authority • SLR. • Established to provide flexibility with regard to NCAA legislation. • No other specified staff or committee. • May seek guidance from other committees. • Cannot waive violations. • 1,201 waivers filed in 2010 (Divisions I, II and III combined).

5. 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.

6. 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?

7. What Should Be Submitted? • Completed SLR waiver submission via AMA Online. • Buckley Statement. • Complete set of facts/chronology. • Legible transcripts. • Supporting documentation submitted in writing. • Prohibitive bylaw(s) cited. • SLR case precedent.

8. Analysis • Extenuating or extraordinary circumstances. • Student-athlete (SA) well-being. • Intent of legislation. • Recruiting/competitive advantage. • SLR case precedent.

9. Urgent Waivers and Phone Waivers • For unforeseen events or circumstances. • Institutions may call 317/917-6144 and indicate they have a potential SLR phone waiver request. • Phone waivers do not eliminate the need to submit a waiver.

10. Best Practices • Make sure waiver is necessary and that you are filing the appropriate waiver. • Visit legislative relief website. • Review SLR guidelines document. • Review previously approved waiver list.

11. Best Practices (con’t…) • Search SLR case precedent on LSDBi (see SLR website to view tips for searching precedent). • Call 317/917-6144 to contact legislative relief staff about a pending waiver. • File waiver at the time it is discovered that a waiver is necessary. • Have policies and procedures.

12. NCAA Bylaw 14.2.3.2.1 –Delayed Enrollment

13. Bylaw 14.2.3.2.1 – Delayed Enrollment • Beginning August 1, 2011. • In sports other than men's ice hockey and skiing, an individual may compete in organized competition for a one-year time period after high school graduation. • A prospective student-athlete who does not enroll in a collegiate institution as a full-time student within that one-year period and who continues to compete: • Shall be charged with a season of eligibility for each calendar year subsequent to the one-year period; and • Must spend one academic year in residence at the certifying institution.

14. Delayed Enrollment – SLR Waivers • 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.

15. Delayed Enrollment (con’t…) • 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; and • Primary analysis shall focus on the circumstances outside of the SA’s control that necessitated the individual’s delayed collegiate enrollment.

16. International Mandatory Military Guidelines: • Service must occur immediately after completion of high school; • Individual must enroll as full-time student at first opportunity once released from service; and • Participation must be amateur in nature with no amateurism violations.

17. International Mandatory Military (con’t…) Guidelines: • Relief provided for the season(s) of competition; • No relief provided for the academic year in residence; and • Mitigation or extenuating circumstances unrelated to mandatory military service shall be reviewed case-by-case to determine if relief of the year in residence is warranted.

18. International Mandatory Military (con’t…) Information Standards: • Mandatory military service requirement must be supported by objective documentation; • Date of high school graduation as determined by the NCAA Eligibility Center; and • Certification that participation since graduation from high school was amateur in nature.

19. International Mandatory Military (con’t…) Information Standards: • Documentation of the amount of competition during each year the individual was subject to the rule; • Documentation that the individual immediately enrolled at first opportunity; and • Additional documented mitigation.

20. International Mandatory Military (con’t…) • 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 (men’s ice hockey and skiing) legislation.

21. SAMPLE WAIVERS Fact patterns for the sample waivers will be provided in person in an NCAA staff meeting setting.