Division I Introduction to Student-Athlete Reinstatement by jonathanscott

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									                Division I Introduction to Student-Athlete Reinstatement


1.   Student-Athlete Reinstatement Analysis.
     a.     Student-athlete first philosophy.
     b.     Place the student-athlete back in position he or she would have been.
     c.     Often accomplished through:
            (1)     Repayment.
            (2)     Withholding.

2.   Student-Athlete Reinstatement Committee.
     a.     Composed of individuals from Division I membership.
     b.     Meets in person, twice a year.
     c.     Staff reports on identified topics.
     d.     Committee provides direction, guidelines to staff, serves as oversight body.
     e.     Guidelines and Policies and Procedures available on www.ncaa.org.

3.   Commonly Considered Factors.
     a.     Student-athlete culpability.
     b.     Institutional responsibility.
     c.     Impact of condition on student-athlete.
     d.     Given the opportunity, could violation have been avoided?
     e.     Guidelines and case precedent.
     f.     Mitigating circumstances.

4.   Violations Subject to Student-Athlete Reinstatement.
     a.     NCAA Bylaw 10 (ethical conduct).
     b.     Bylaw 12 (amateurism).
     c.     Bylaw 13 (recruiting).
     d.     Bylaw 14 (general eligibility)
     e.     Bylaw 15 (financial aid).
     f.     Bylaw 16 (extra benefits).
     g.     Bylaw 18 (drug testing).

5.   De Minimis Violations.

     a.     Student-athlete eligibility not affected, reinstatement not required.
     b.     Institutional violation, must be reported to enforcement.
     c.     De Minimis violation examples.
     d.     Restitution violations.
            (1)      Restitution must be made prior to competition.
            (2)      Violations of specific bylaws when value is $100 or less.
            (3)      Eligibility not affected, restitution to charity.
            (4)      Violation must be reported to enforcement.
            (5)      Documentation of repayment must be included in institution’s secondary
                     report.



                     Division I Introduction to Student-Athlete Reinstatement
6.    Common Questions (who to contact).
      a.     Is this a violation?
                      Academic and Membership Affairs interpretations staff.
      b.     Level I or Level II?
                      NCAA secondary enforcement staff.
      c.     Does this affect eligibility? And, what do I do?
                      NCAA student-athlete reinstatement staff.

7.    When Should an Institution Request Reinstatement?
      a.     Institution determined that a violation has occurred and affects student-athlete’s
             eligibility.
      b.     Student-athlete has eligibility remaining and institution supports eligibility to be
             reinstated.

8.    Student-Athlete Reinstatement Case Process.
      a.     Institution submits written request for reinstatement.
      b.     Allow three weeks for staff review.
      c.     Staff reviews institution’s reinstatement request and may request additional
             documentation.
      d.     Staff reviews request, case precedent and committee guidelines.
      e.     Institution may appeal staff decision.

9.    Be Sure to Include:
      a.     Student-athlete reinstatement request and associated forms (from NCAA Web site).
      b.     Acknowledgement and description of violation, including date and location.
      c.     Cite the specific applicable bylaws.
      d.     Summary of ALL information including any mitigating circumstances.
      e.     Description of any benefit received, including dollar value.
      f.     Description of how and when institution discovered violation.
      g.     Reasons violation occurred.
      h.     A statement from student-athlete(s) involved.
      i.     Signed SAR Buckley statement.
      j.     Action taken by institution.
      k.     Any relevant case precedent or guidelines.
      l.     Institutional contact information.

10.   WE HAVE A GAME! Steps For an URGENT Case:
      a.     URGENT: Competition within next 10 days.
      b.     Clearly label your request as URGENT.
      c.     Indicate next date of competition.
      d.     For away contests, note departure date and time.
      e.     Provide institutional contact numbers.
      f.     Call SAR.

11.   Case Priority.



                       Division I Introduction to Student-Athlete Reinstatement
             Staff Prioritizes cases based on:
             (1)     Date of next contest.
             (2)     Date reinstatement request submitted.
             (3)     Date violation discovered.

12.   Potential Reinstatement Outcomes.

             SAR staff delivers one of three decisions:
             (1)    Reinstate.
             (2)    Reinstated with conditions.
             (3)    Not reinstated.

13.   Fulfilling Withholding Conditions.
      a.     Student-athlete must be otherwise eligible.
      b.     Contests must be those used for consideration for team selection for NCAA
             championship.

14.   Assertions Against Another Institution or Institutional Employee.
      a.     Institution or employee against whom allegations are made must be provided a copy
             of all relevant documentation.
      b.     Institution shall be given 10 business days to respond to allegations.

15.   Chancellor’s or President’s Letter.
      a.     Sent when relief from guidelines is provided due to institutional error or
             misinformation.
      b.     Serves as notification to institution.

16.   SAR Guidelines:
      a.     Providing false or misleading information (Bylaw 10.1).
             (1)      Minimum withholding condition of 50% of season.
             (2)      Up to permanent ineligibility.
      b.     Competition while enrolled less than full time.
             (1)      One-for-one withholding condition.
             (2)      Possible relief:
                      (a)      Student-athlete continued to attend class.
                      (b)      Did not realize they had dropped below full time
                      (c)      Made reasonable effort to remain enrolled full time.
      c.     Initial-eligibility violations involving Academic certification.
             (1)      Qualifiers: One-for-two withholding from practice and competition.
             (2)      Nonqualifiers: One-for-one withholding from practice and competition;
                      repayment of impermissible financial aid.
      d.     Initial-eligibility violations involving Amateurism Certification Process (ACP).
             (1)      Subsequently certified: One-for-two withholding from practice and
                      competition.
             (2)      Subsequently provided with ACP withholding penalty: One-for-one
                      withholding from competition after completion of ACP penalty.



                      Division I Introduction to Student-Athlete Reinstatement
      e.      Receipt of benefits under Bylaws 12, 15 and 16.
              (1)    Repayment of value of impermissible benefits.
              (2)    Possible withholding based on assessment of student-athlete’s
                     culpability/responsibility/value of benefit.
      f.      Receipt of benefits under Bylaws 12, 15 and 16 (cont.).
              (1)    Dollar guidelines starting point for withholding:
                             Enrolled SAs:       $100 - $300 = 10% and repayment
                                                 $300 - $500 = 20% and repayment
                                                 $500 and above = 30% and repayment
                             Prospects:          $0 - $500 = Pay restitution
                                                 $500 - $700 = 10% and repayment
                                                 $700 - $1,000 = 20% and repayment
                                                 $1,000 and above = 30% and repayment
      g.      Other processes for repayment and withholding.
                  Rounding, repayment plans and staggering a withholding condition.

17.   After the Staff’s Decision.
      a.      Once processed, reinstatement cases are forwarded to secondary enforcement.
      b.      Institution DOES NOT need to send copies to both SAR and secondary enforcement.
      c.      Hard copy of faxed materials is not necessary.

18.   Appeal Process.
      a.      Institution must submit written appeal form within 30 days of decision letter.
      b.      Facts not in dispute, no new information.
      c.      Written or teleconference appeal.
      d.      Written/teleconference procedures and applications.
      e.      Division I committee.
      f.      Committee decision is final.

19.   Contacting Student-Athlete Reinstatement.
      a.      Telephone: 317-917-6222 (ask for student-athlete reinstatement).
      b.      Facsimile: 317-917-6736 (fax initial requests to attention of Jennifer Henderson).
      c.      SAR Web site: http://www.ncaa.org/wps/ncaa?ContentID=402

20.   Helpful Hints.
      a.      Use SAR application and forms from www.ncaa.org.
      b.      Include student-athlete signed SAR Buckley Statement.
      c.      Provide clear and detailed timeline of events.
      d.      Gather statements from involved parties.
      e.      URGENT SAR request v. nonurgent SAR requests, waivers and extensions.




                        Division I Introduction to Student-Athlete Reinstatement

								
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