The NCAA News - News and Features

April 21, 1997

Legislative assistance

1997 Column No. 16NCAA Bylaw 13.1.1.3
Four-year college prospects -- contacts

NCAA institutions should note that in accordance with Bylaw 13.1.1.3, an athletics staff member or other representative of the institution's athletics interests is not permitted to make contact with a student-athlete of another four-year collegiate institution (including an NAIA school), directly or indirectly, without first obtaining the written permission of the first institution's athletics director (or his or her designated representative) to do so, regardless of who makes the initial contact. If such permission is granted, all applicable NCAA recruiting rules apply. During its May 25, 1995, telephone conference, the NCAA Interpretations Committee determined that once an institution grants permission to a student-athlete to contact another four-year institution regarding a possible transfer, it is not permissible for the institution to revoke such permission. Such permission, however, expires at the time the student-athlete enrolls again at his or her original institution as a full-time student during the subsequent academic year. Further, if permission is not granted, the second institution is not permitted to encourage the transfer and, in Divisions I and II, may not provide financial assistance to the student-athlete until the student-athlete has attended the institution for one academic year.

Please note that pursuant to Bylaw 13.1.1.3.1, if the institution denies the student-athlete's request to permit any other institution to contact the student-athlete about transferring, the institution must inform the student-athlete that he or she, upon request, must be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and nonathletics faculty/staff members). The institution must have established reasonable procedures for promptly hearing such a request. During its August 24, 1995, telephone conference, the Interpretations Committee determined that when NCAA regulations require an institution to provide notice of a hearing opportunity to a student-athlete, such notice must be provided in writing to the student-athlete.

NCAA 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 that he or she, upon request, must be provided with a hearing before the institutional agency making the award. During its August 25, 1995, telephone conference, the NCAA Interpretations Committee determined that when NCAA regulations require an institution to provide notice of a hearing opportunity to a student-athlete, such notice must be provided in writing to the student-athlete. Further, the institution must have established reasonable procedures for promptly hearing such a request and may not delegate the responsibility of conducting a nonrenewal hearing to the institution's athletics department or its faculty athletics committee. The decision to renew or not to renew the financial aid is left to the discretion of the institution to be determined in accordance with its normal practice for students generally.

During its November 19, 1992, telephone conference, the 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.

This material was provided by the legislative 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, legislative assistant, at the NCAA national office. This information is available on the Collegiate Sports Network.