Canadian Interuniversity Sport Eligibility Committee - Compassionate Appeal Hearing – August 27, 2014 IN THE MATTER of an appeal on eligibility pursuant to Rule 40.10.5.7.3 By Taylor MacIver, student-athlete at McMaster University Participants Ms. Claire Arsenault, Athlete Services Coordinator, McMaster University Mr. Brett Mosen, women’s soccer head coach, McMaster University Mr. Gerry Austin, women’s soccer assistant coach, McMaster University Ms Taylor MacIver, student-athlete, McMaster University Issue Taylor MacIver (Taylor) seeks relief of CIS regulations on compassionate grounds, specifically: CIS Eligibility Policy 40.10.5.7.3 (2nd transfer waiver for an NCAA transfer) A student-athlete, who transfers to a CIS member institution team from a non-Canadian post-secondary degree granting institution team (such as the NCAA or NAIA), shall be eligible to participate immediately in CIS competition, unless: g. the student-athlete has previously received similar accommodation regarding an unencumbered transfer within any other jurisdiction. Details Taylor attended Ursuline College (NCAA D2) for the 2012 fall term where she consumed one year of eligibility with the women’s soccer team. Taylor transferred to Grand Canyon University (NCAA D1) for the 2013 winter term and continued at GCU for 2013-2014 where she competed on the women’s soccer team consuming her second year of eligibility. Taylor’s performance on the soccer field during the 2013 fall term garnered the attention of several D1 schools and she accepted an offer to attend GCU. Taylor applied for and received approval for an unencumbered transfer when she transferred from Ursuline College to Grand Canyon University. Following the completion of the 2013-14 academic year, Taylor felt obligated to move back to Ontario for personal family reasons that she shared with the Committee but have not been included here. She also made the decision to give-up soccer in order to assist her mother and brother and to accommodate an intensive work schedule (involving at least 40 and as many as 70 hours per week over the summer). In addition to the difficult and challenging circumstances within her immediate family, her mother decided that they would need to live with and take care of Taylor’s grandmother who had been diagnosed with a terminal health condition. In order to help support her family, inclusive of her grandmother, Taylor has decided to complete her education in Canada. She was not recruited by McMaster, as she initiated contact with the coach, and although there was interest from other CIS institutions as well, she decided the best circumstance for her would be to attend McMaster University for the 2014-15 academic year. CANADIAN INTERUNIVERSITY SPORT ~ SPORT INTERUNIVERSITAIRE CANADIEN 801 King Edward, Suite N205 Ottawa ON Canada K1N 6N5 TEL 613 562 5670 ~ FAX 613 562 5669 www.universitysport.ca ~ www.sportuniversitaire.ca On the basis of her personal family situation, Taylor requests relief of rule 40.10.5.7.3.g and hopes to become immediately eligible for the McMaster University soccer team for the 2014-2015 season. Decision and Rationale Based upon the submissions received, the Committee considers a waiver of the applicable regulation to be warranted in this circumstance. In making its decision, the Committee recognizes and respects the reasons for Taylor’s initial transfer within the NCAA (that required NCAA approval). Further, the Committee considers the circumstances of her family and her decision to transfer back to Canada to be more than justified and do not consider allowance of a second transfer to be contrary to the intent of the Repatriation Policy. The Committee also considered her academic history to have been supportive of her request as well. The appeal is supported. Patrick Nearing (AUS) Joey Sabo (RSEQ) Chuck Mathies (OUA) Ken Olynyk (CW) Tom Huisman (CIS - chairperson) Decision rendered August 27, 2014 Written reasons rendered September 8, 2014.
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