Intro to Student-Athlete Reinstatement by Levone

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									   Division I Introduction to
Student-Athlete Reinstatement
               Session Overview

 Student-athlete reinstatement (SAR) analysis.
 Violations requiring reinstatement.
 De minimis and restitution violations.
 Reinstatement and other NCAA departments.
 Preparing a student-athlete reinstatement request.
 Policies and procedures.
 Guidelines and prescribed penalties.
 Additional information.
 Student-Athlete Reinstatement Analysis

 Student-athlete first philosophy.
 Place the student-athlete back in position he or she
  would have been before the violation.
 Often accomplished through:
    Repayment .
    Withholding.
Student-Athlete Reinstatement Committee



 Composed of individuals from Division I
    membership.
   Meets in person, twice a year.
   Staff reports on identified topics.
   Committee provides direction, guidelines to staff and
    serves as oversight body.
   Guidelines and Policies and Procedures available on
    www.ncaa.org.
                         Case Study

 Larry Linebacker and Reggie Receiver – Big State U.

 Invited to visit shoe company that sponsors football
 team.
    Not open to the public.
 Both receive shoes and shirts, $250 value.

 Both were previously informed not to accept gifts.

 Violation discovered 2 weeks later by Coach Carter.

 What happens now?
      Commonly Considered Factors


 Student-athlete culpability.

 Institutional responsibility.

 Impact of condition on student-athlete.

 Given the opportunity, could violation have been
  avoided?
 Guidelines and case precedent.

 Mitigating circumstances.
       Violations Subject to Student-Athlete
                  Reinstatement


 NCAA Bylaw 10 (ethical conduct).

 Bylaw 12 (amateurism).

 Bylaw 13 (recruiting).

 Bylaw 14 (general eligibility).

 Bylaw 15 (financial aid).

 Bylaw 16 (extra benefits).

 Bylaw 18 (drug testing).
              De Minimis Violations



 Student-athlete eligibility not affected, reinstatement
 not required.

 Institutional violation, must be reported to
 enforcement.
    Institutional penalties may be assessed by secondary
     enforcement.

 Identified in NCAA Division I Manual.
     De Minimis Violation Examples


 Bylaw 13.4.1.2 (electronic transmissions).
 Bylaw 14.01.1 (institutional responsibility/
  paperwork).
 Bylaw 14.1.3 (student-athlete statement).
 Bylaw 14.10.2 (institutional responsibility for
  certification).
 Bylaw 16.8.1.2 (competition while
  representing institution).
             Restitution Violations


 Violations of specific bylaws when value is $100 or
    less.
   Eligibility not affected, restitution to charity.
   Restitution must be made prior to competition.
   Violation must be reported to enforcement.
   Documentation of repayment must be included in
    institution’s secondary report.
       SAR Points of Contact

 Secondary
Enforcement                               Major
   Cases                               Enforcement
                                          Cases

                  Student-Athlete
                  Reinstatement
                 (Academic and
               Membership Affairs)




 Agent, Gambling and                  Amateurism
Amateurism Activities                 Certification
        (AGA)                        Process (ACP)
Remember Amateurism Certification!


 All first year Divisions I and II student-athletes must
 have their pre-enrollment amateurism certified
 through NCAA Eligibility Center for EACH sport.
    Including DIII, international and two-year college transfers.


 One-for-two withholding guideline for practice and
 competition.
              Common Questions


 Is this a violation?
   Academic and Membership Affairs interpretations staff.

 Level I or Level II violation?
   Secondary enforcement staff.

 Does this affect eligibility?
   SAR staff.

 What do I do?
   SAR staff.
      When Should an Institution Request
              Reinstatement?



 Institution determined a violation occurred.


 Violation affects student-athlete’s eligibility.


 Student-athlete has eligibility remaining and
 institution supports eligibility to be reinstated.
Student-Athlete Reinstatement Case Process



 Institution submits written request for
 reinstatement.
    Use online form.
 Staff reviews institution’s reinstatement request and
  may request additional documentation.
 Staff reviews request, case precedent and committee
  guidelines.
 Allow three weeks for staff review.
 Institution may appeal staff decision.
               Be Sure to Include:



 SAR request and associated forms (from NCAA Web
 site).
    Always use SAR forms whenever possible!
 Acknowledgement and description of violation,
  including date and location.
 Declare student-athlete ineligible.
 Cite the specific applicable bylaws.
              Be Sure to Include:


 Summary of ALL information including any
  mitigating circumstances.
 Description of any benefit received, including dollar
  value.
 Indentify ALL individuals involved.
 Description of how and when institution discovered
  violation.
               Be Sure to Include:


 Reasons violation occurred.
 A statement from student-athlete(s) involved.
 Signed SAR Buckley Statement.
 Action taken by institution.
 Any relevant case precedent or guidelines.
 Institutional contact information.
   Name, telephone number and e-mail address.
                   WE HAVE A GAME!
               Steps For an URGENT Case:


  URGENT: Competition within next 10 days.
 Clearly label your request as URGENT.
 Indicate next date of competition.
   For away contests, note departure date and time.

 Provide institutional contact numbers.
   Cell phone, additional staff contact, etc.

 Call SAR.
                     Case Priority

 Staff prioritizes cases based on:
   Date of next contest.

   Date reinstatement request submitted.

   Date violation discovered.
  Potential Reinstatement Outcomes

 SAR staff delivers one of three decisions:
   Reinstated.

   Reinstated with conditions.

   Not reinstated.
   Fulfilling Withholding Conditions

 Student-athlete must be otherwise eligible.
 Contests must be among those used for
  consideration for team selection for NCAA
  championship.
 Exhibitions and scrimmages DO NOT count.
 Must be fulfilled during one of four seasons of
  eligibility.
  Assertions Against Another Institution or
           Institutional Employee

 Institution or employee against whom allegations are
  made must be provided a copy of all relevant
  documentation.
 Institution shall be given 10 business days to
  respond to allegations.
   Chancellor’s or President’s Letter

 Sent when relief from guidelines is provided due to
  institutional error or misinformation.
 Serves as notification to institution.
                     SAR Guidelines


 Created by Division I SAR Committee.

 Reviewed and updated at each committee meeting.

    Twice yearly.

 Provided as a starting point for violations for NCAA

 staff and membership.

 Available online.
                  SAR Guidelines

 Providing false or misleading information.
   Minimum withholding condition of 50% of season.

   Up to permanent ineligibility.
                    SAR Guidelines


 Competition while enrolled less than full time.

    One-for-one withholding condition.

 Mitigation:

    Student-athlete continued to attend class.

    Did not realize he or she had dropped below full time.

    Made reasonable effort to remain enrolled full time.
                    SAR Guidelines


 Initial-eligibility violations involving Academic
 certification

    Qualifiers: One-for-two withholding from practice and
     competition.

    Nonqualifiers: One-for-one withholding from practice and
     competition; repayment of impermissible financial aid.
                    SAR Guidelines



 Initial-eligibility violations involving Amateurism
 Certification Process (ACP).

    Subsequently certified: One-for-two withholding from
     practice and competition.

    Subsequently provided with ACP withholding penalty: One-
     for-one withholding from competition after completion of ACP
     penalty.
                   SAR Guidelines

 Receipt of benefits under Bylaws 12, 15 and 16.
   Repayment of value of impermissible benefits.

   Possible withholding based upon assessment of student-
    athlete’s culpability/responsibility/value of benefit.
                       SAR Guidelines

 Receipt of benefits under Bylaws 12, 15 and 16 (cont.).
     Dollar guidelines starting point for withholding:

      Enrolled SAs:      $100 - $300 = 10% and repayment
                         $300 - $500 = 20% and repayment
                         $500 = 30% and repayment

      Prospects: $0 - $500 = Repayment
                         $500 - $700 = 10% and repayment
                         $700 - $1,000 = 20% and repayment
                         $1,000 and above = 30% and repayment
                    SAR Guidelines



 Other processes for repayment and withholding:

    Rounding.

    Repayment plans.

    Staggering a withholding condition.
          After the Staff’s Decision



 Once processed, reinstatement cases are forwarded
 to secondary enforcement.

 Institution DOES NOT need to send copies to both
 SAR and secondary enforcement.

 Hard copy of faxed materials is not necessary.
                  Appeal Process


 Institution must submit written appeal form within
    30 days of decision letter.
   Facts not in dispute, no new information.
   Reviewed by Division I committee.
   Written or teleconference appeal.
   Written/teleconference procedures and applications.
   Committee decision is final.
Contacting Student-Athlete Reinstatement


 Telephone: 317/917-6222 (ask for student-athlete
 reinstatement).

 Facsimile: 317/917-6736 (fax initial requests to
 attention of Jennifer Henderson).

 SAR Web page:
http://www.ncaa.org/wps/ncaa?ContentID=402
                 Helpful Hints



 Use SAR application and forms from www.ncaa.org.
 Include student-athlete signed SAR Buckley
  Statement.
 Provide clear and detailed timeline of events.
 Gather statements from involved parties.
 Distinguish urgent SAR request v. nonurgent SAR
  requests, waivers and extensions.
Questions?

								
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