The NCAA News - News and Features

October 13, 1997

Legislative assistance

1997 Column No. 36 Initial-eligibility/satisfactory-progress waiver procedures

NCAA Division I

The following is a listing of procedures for appealing decisions reached by the Division I Academic/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues and the Satisfactory-Progress Waiver Committee:

Division I institutions should note that in order to appeal a decision of the Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Initial-Eligibility Issues or the Satisfactory-Progress Waiver Committee, the applicant institution must submit a written notice of appeal to be received in the national office not later than 30 days after it has received notification of the committee's decision. The grounds for appealing a committee decision are: (a) the committee improperly applied NCAA legislation or official interpretations; (b) the committee took action inconsistent with established precedent; (c) the committee deviated from its approved procedures; or (d) the factual findings of the committee are clearly erroneous. The written notice of appeal must identify the specific ground on which it is based. The appeal shall be submitted by the institution's chief executive officer, faculty athletics representative or director of athletics (for the men's or women's program).

In each appealed case, either the Initial-Eligibility Waiver Committee or the Satisfactory-Progress Waiver Committee shall provide the appropriate Division I Academic/Eligibility/Compliance Cabinet Subcommittee with a written report setting forth the basis for its decision. The report shall identify the relevant NCAA rules and interpretations, and shall specify the information and precedent relied upon by the committee in reaching its decision.

The Cabinet Subcommittee will review appeals during its regularly scheduled in-person meetings or by telephone conference within 30 days of receipt of the appeal. A representative of the waiver committee (generally the chair), as well as an appropriate member of the national office staff (usually the liaison to the committee), also may participate in the review, but shall not be present during deliberations.

The Cabinet Subcommittee shall expeditiously reach a decision. The national office staff shall notify the involved institution and provide a written confirmation of the decision.

If, in reviewing the appeal, the Cabinet Subcommittee concludes that new information (not made available to the involved committee at the time of its initial decision) has been reported and that the information is of such importance, in the judgment of the appropriate subcommittee to make a different result reasonably probable, the case shall be remanded to the committee that initially considered it.

The Cabinet Subcommittee shall not alter the decision of the committee that initially decided the matter unless it concludes that the committee improperly applied NCAA legislation or official interpretations, the committee took an action inconsistent with established precedent, the committee deviated from its approved procedures, or the factual findings of the committee are clearly erroneous.

All actions taken on appeal by the appropriate Cabinet Subcommittee shall be reported to the NCAA membership through The NCAA News.

NCAA Bylaw 13.1.2.3-(c)

Coach's observation of spouse in game-related activities

NCAA Division I institutions should note that, per NCAA Bylaw 13.1.2.3-(c), recruiting contact and evaluation limitations do not apply to a coaching staff member observing a contest that involves prospective student-athletes coached by his or her spouse, provided the attendance by the coaching staff member at such a contest does not involve any personal contact with any prospect participating in the contest. During its September 5, 1997, telephone conference, the Legislative Review/Interpretations Subcommittee of the Division I Academic/Eligibility/Compliance Cabinet determined that recruiting contact and evaluation limitations do not apply to a coaching staff member who observes a contest in which his or her spouse is involved in any legitimate noncoaching game-related activities (e.g., cheerleading coach, band director), provided the attendance by the coaching staff member at such a contest does not involve any personal contact with any other participant in the contest.

This material was provided by the membership services staff as an aid to member institutions. If an institution has a question or comment regarding this column, such correspondence should be directed to Richard C. Perko or Kristen L. Davis, membership services representatives, at the NCAA national office. This information is available on the Collegiate Sports Network.