REPORT OF THE NCAA DIVISION I COMMITTEE FOR LEGISLATIVE RELIEF
OCTOBER 31, 2016, MEETING
ACTION ITEMS.
1.
Legislative Items.

2.
None.
Nonlegislative Items.
a.
Temporary Review Process for Legislative Relief Waivers.
(1)
Recommendation. The NCAA Division I Committee for Legislative Relief
requests the NCAA Division I Legislative Committee recommend that
NCAA Division I Council make the temporary review process permanent
for legislative relief waivers with continual review by the Committee for
Legislative Relief. Further, the committee supports maintaining the
exclusion of transfer waivers as stipulated by the January 2014 NCAA
Division I Board of Director's ratification of the NCAA Division I
Leadership Council's action to grant staff temporary authority.
(2)
Effective Date. Immediate.
(3)
Rationale. The temporary review process provides NCAA national office
staff the authority to engage in an additional level of review. Specifically,
in circumstances where application of the legislation or guideline is
disproportionate to or inconsistent with legislative intent, the temporary
review process enables staff to exercise reasonable flexibility in reaching
the appropriate outcome. Since the adoption of the temporary review
process in January 2014, the NCAA legislative relief staff has applied the
temporary review analysis in approximately 456 cases to reach a more
favorable outcome for the involved prospective student-athlete(s) and/or
student-athlete(s). This recommendation ensures student-athletes will
continue to benefit from the temporary review process.
(4)
Estimated Budget Impact. None.
(5)
Student-Athlete Impact. Student-athletes will be provided the benefit of
additional consideration of mitigating factors, as appropriate, that could
result in the approval of waivers that would not otherwise be approved.
Report of the NCAA Division I Committee for
Legislative Relief October 31, 2016, Meeting
Page No. 2
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b.
c.
Committee for Legislative Relief Information Standards for NCAA Division I
Bylaws 11.4.2 and 13.8.3.2 Individual Associated with a Prospective StudentAthlete – Men's Basketball.
(1)
Recommendation. To update the Committee for Legislative Relief
guidelines and establish information standards for Bylaws 11.4.2 and
13.8.3.2 waivers. [Attachment A]
(2)
Effective Date. Immediate.
(3)
Rationale. From August 2012 to August 2016, academic and membership
affairs staff received 39 requests for a waiver of the individual associated
with a prospective student-athlete legislation. Establishing the information
standard will better inform the membership of documentation needed for
staff's review of similar waivers. In reviewing waiver requests, staff have
considered the following factors: (a) Nature of the relationship between the
individual associated with a prospective student-athlete and the prospective
student-athlete (e.g., prospective student-athlete's father is a men's
basketball head coach and the individual associated with a prospective
student-athlete is a former assistant coach on his staff); (b) Chronology of
events (e.g., prospective student-athlete committed to the institution prior
to the individual associated with a prospective student-athlete's job
offer/hire); (c) Previous institution support (cases in which the individual is
a transfer student-athlete); and (d) Statement from student-athlete or
prospective student-athlete for whom noncoaching staff member is an
individual associated with a prospective student-athlete explaining
enrollment decision.
(4)
Estimated Budget Impact. None.
(5)
Student-Athlete Impact. None.
Graduate Transfer Referral.
(1)
Recommendation. The Committee for Legislative Relief requests the
NCAA Division I Committee on Academics review Bylaw 14.6.1 and
consider allowing a graduate student to use the one-time transfer exception
if the student's previous institution did not offer athletically related financial
aid.
(2)
Effective Date. Immediate.
(3)
Rationale. Currently, institutions have to submit legislative relief waivers
if a student-athlete's previous institution does not offer athletics aid (e.g.,
Report of the NCAA Division I Committee for
Legislative Relief October 31, 2016, Meeting
Page No. 3
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Ivy League, Division III) or if the student-athlete was not a recipient of
athletics aid at his/her previous institution. NCAA staff has historically
granted legislative relief waivers in these situations. Additionally, some
Division I conferences do not allow graduate students to participate in
intercollegiate athletics. Therefore, if a student-athlete completes his/her
undergraduate degree requirements prior to exhausting eligibility, the
student-athlete is forced to transfer in order to use his/her four seasons of
participation.
(4)
Estimated Budget Impact. None.
(5)
Student-Athlete Impact. Student-athletes not receiving athletics aid will be
treated equally.
INFORMATIONAL ITEMS.
1.
Review of the August 2016 Committee for Legislative Relief report to the Council.
The committee reviewed the August 2016 report and approved it as presented.
2.
Review of Committee for Legislative Relief policies, procedures and guidelines. The
committee reviewed editorial revisions made to its policies, procedures and guidelines
during the committee's August 2016 meeting. The committee approved the revisions and
agreed to review its policies, procedures and guidelines at its in-person meeting in February
2017.
3.
Review Committee for Legislative Relief cases decided from August 1 through
October 14, 2016, by the NCAA staff and committee. The committee received a
summary of waiver requests submitted from August 1 through October 14, 2016. A total
of 188 cases were reviewed by the staff and the committee in Division I. Staff approved
160 cases either fully or with conditions. Thirty-one cases were approved based on the
totality of the circumstances. Additionally, the staff denied 28 cases, 12 of which were
appealed to the committee. The committee affirmed the staff decision in 11 cases and
overturned the staff decision on one occasion.
4.
Review of previously approved waivers. The committee reviewed the list of previously
approved waivers and agreed to incorporate additional scenarios to reduce bureaucracy and
permit the membership and staff to work more efficiently in limited circumstances. The
additions to the list include the following:
a.
Death or severe or life-threatening injury or illness involving prospective studentathlete;
b.
Death or severe or life-threatening injury or illness involving a high school,
preparatory school or two-year college coach;
Report of the NCAA Division I Committee for
Legislative Relief October 31, 2016, Meeting
Page No. 4
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c.
Official visit transportation to prospective student-athlete's younger sibling in
basketball and football.
The committee agreed the updated previously approved waiver list should be made
available on the legislative relief homepage, the resource tab within Requests/Self-Reports
Online, as a published educational column on Legislative Services Database for the Internet
and be provided to the NCAA Division I Collegiate Commissioners Association
Compliance Administrators for greater use by the Division I membership. [Attachment B]
5.
Review of waivers involving the temporary review process. The committee reviewed
cases decided by the staff from August 1 through October, 14, 2016, using the temporary
review process. The staff applied the temporary review analysis to reach a more favorable
outcome for the involved prospective student-athlete(s) and/or student-athlete(s) in 58
cases during this time period. The committee reviewed trends and circumstances
associated with the temporary review cases and directed the staff to continue to provide
relief in similar situations. The committee expressed significant support for providing
some relief in cases dealing with a student-athlete using his/her name, image or likeness in
nonathletically related promotional activities. The committee noted it will continue to
review temporary review process cases on a regular basis.
6.
Review of waivers approved based on the totality of the circumstances. The committee
reviewed cases approved by the staff based on the totality of the circumstances from
August 1 through October, 14, 2016. The staff used the totality of the circumstances
rationale to approve 30 cases during this time period. The committee reviewed individual
waiver requests and advised the staff that its use of the totality of the circumstances
rationale was appropriate in the cases discussed. The committee noted it will begin to
review totality cases on a monthly basis.
7.
Future meetings. The committee's next meeting will occur February 20-21, 2017, inperson.
8.
Other business.
Committee Chair: Robert Philippi, Conference USA
Staff Liaisons:
Abigail Markey, Academic and Membership Affairs
Jerry Vaughn, Academic and Membership Affairs
Report of the NCAA Division I Committee for
Legislative Relief October 31, 2016, Meeting
Page No. 5
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NCAA Division I Committee for Legislative Relief
October 31, 2016, Meeting
Attendees:
Kathleen Batterson, Colonial Athletic Association.
David Flores, Big 12 Conference.
Erin Kido, Eastern Michigan University, Mid-American Conference.
Kaity McKittrick, Lafayette College, Patriot League.
Tim Parker, Virginia Polytechnic Institute and State University, Atlantic Coast Conference.
Roderick Perry, Indiana University-Purdue University, Indianapolis, Summit League.
Robert Philippi, Conference USA.
Absentees:
None.
NCAA Liaisons in Attendance:
Abigail Markey and Jerry Vaughn.
Other NCAA Staff Members in Attendance:
Morgan Adcock, Etta Biloon, Chris Brown, Kelly Brummett, Brandy Hataway, Charnele
Kemper, Jobrina Marques, Eric Mayes, Dave Schnase, Geoff Silver, Ashley Thornburg and Kris
Richardson.
intra.ncaa.org/sites/ama/LRT/DivisionICommittee/DICouncilReports/2016/October2016_OctoberCLRReporttoLegislativeCommittee_120916_JV_kh