The NCAA News - News and Features

April 13, 1998

Legislative assistance

1998 Column No. 15NCAA Bylaw 15.3.5.1
Renewal of financial aid

NCAA institutions should note that in accordance with Bylaw 15.3.5.1, the renewal of institutional financial aid must be made on or before July 1 prior to the academic year in which it is to become effective. Institutions must notify promptly in writing each student-athlete who has received an award the previous academic year and who has eligibility remaining in the sport in which financial aid was awarded the previous academic year whether the grant has been renewed or not renewed for the ensuing academic year. Notification of financial aid renewals and nonrenewals must come from the institution's regular financial aid authority and not from the institution's athletics department. In accordance with Bylaw 15.3.5.1.1, if the institution decides not to renew or decides to reduce financial aid for the ensuing academic year, the institution must inform the student-athlete in writing that he or she, upon request, must be provided with a hearing before the institutional agency making the award. The institution shall have established reasonable procedures for promptly hearing such a request and shall not delegate the responsibility for conducting a nonrenewal hearing to the university's athletics department or its faculty athletics committee. The decision to renew or not renew the financial aid is left to the discretion of the institution, to be determined in accordance with its normal practices for students generally.

During its November 19, 1992, telephone conference, the former Interpretations Committee determined that the reference to institutional aid set forth in Bylaw 15.3.5.1 refers only to institutional aid that is based in any degree on athletics ability. Thus, if a student-athlete is receiving institutional financial aid unrelated to athletics ability and such aid is reduced or not renewed for the ensuing academic year, the institution is not obligated to provide an opportunity for a hearing before the institutional agency making the award, except as provided under institutional policy applicable to all students.

Finally, pursuant to Bylaw 15.5.1.5, if an institution does not renew financial aid for a counter in the subsequent academic year and a hearing before the institution's regular financial aid authority results in a successful appeal for restoration of aid, the student-athlete must continue to be a counter if the individual continues to receive athletically related financial aid. However, the student-athlete would not be a counter if he or she receives institutionally arranged or awarded, nonathletically related financial aid available to all students, provided such financial aid was granted or arranged without regard in any degree to athletics ability. If the student-athlete ever participates again in intercollegiate athletics at the institution, he or she would be considered to have been a counter during each year the financial aid was received.

NCAA Bylaws 16.12.1.8 and 16.12.1.9
Retention of athletics apparel and equipment

Institutions should note that in accordance with Bylaw 16.12.1.8, a student-athlete may retain athletics apparel items (not equipment) at the end of the individual's collegiate participation. Used equipment may be purchased by the student-athlete on the same cost basis as by any other individual interested in purchasing such equipment. During its October 21, 1993, telephone conference, the former NCAA Interpretations Committee determined that the requirement that used equipment may be purchased by a student-athlete on the same cost basis as any other individual interested in purchasing such equipment does not preclude an institution from initially offering its student-athletes the opportunity to purchase the equipment at the fair market value. Under such circumstances, it is not permissible to provide such equipment to a student-athlete free of charge, even if the institution receives such equipment at no cost. Please note that during its October 23, 1986, telephone conference, the former NCAA Administrative Committee determined that apparel items that are not reusable by other team members in subsequent seasons (subject to the discretion of the institution) may be considered the property of the involved student-athlete and, thus, could be retained prior to the end of the student-athlete's collegiate participation.

In addition, in accordance with Bylaw 16.12.1.9, a student-athlete may retain and use institutional athletics equipment (per the institution's normal equipment policy) during a summer vacation period. A student- athlete would not be charged with a season of competition per Bylaw 14.02.6 for the use of such equipment during a summer vacation period. Summer is defined as the period following the last date of final examinations for the spring term through the first permissible day of preseason practice or first date of classes, whichever occurs earlier.

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 Lisa Roesler or Kristen L. Davis, membership services representatives, at the NCAA national office. This information is available on the Collegiate Sports Network.