Intro to Student-Athlete Reinstatement by Levone


									   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
   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
                         Case Study

 Larry Linebacker and Reggie Receiver – Big State U.

 Invited to visit shoe company that sponsors football
    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
 Guidelines and case precedent.

 Mitigating circumstances.
       Violations Subject to Student-Athlete

 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
    Institutional penalties may be assessed by secondary

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

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

 Violations of specific bylaws when value is $100 or
   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

Enforcement                               Major
   Cases                               Enforcement

                 (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
              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

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

 SAR request and associated forms (from NCAA Web
    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
 Indentify ALL individuals involved.
 Description of how and when institution discovered
               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
 Exhibitions and scrimmages DO NOT count.
 Must be fulfilled during one of four seasons of
  Assertions Against Another Institution or
           Institutional Employee

 Institution or employee against whom allegations are
  made must be provided a copy of all relevant
 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

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

    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
                   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

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

 SAR Web page:
                 Helpful Hints

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

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