Questions and Answers from the Region 22 meeting in Birmingham, AL – November 19, 2007.

Lynzee Grooms, Director of Compliance from NJCAA National Office

1. Home school high school graduate? Must be under a school umbrella?

Please refer to Case 12 at the top of 197 of the Handbook. Here it states how the NJCAA handles home school graduates: “the home school situation must be within the parameters of state law. All requirements of state law must be satisfied and for the requirements of each state refer to www.hslda.org and click on the state in question.” So it depends on the state and their rules.

2. If a student participates in a spring sport at a community college, then transfers to their home district community college as a part-time student will they be eligible to participate in the spring sport at the community college is grades are 2.0 and have received a transfer waiver from the former college?

If the student has participated at the first community college then transfers to another in their home district, then he/she is required to have a transfer waiver because he/she participated. Article V, Section 10.B.1.b.iii states that if a student has not participated then transfers to a community college in their home district the student would NOT need a transfer waiver. So needing the transfer waiver depends on if the student participated or did not participate at their first community college before transferring to a school in their home district. This answer would not change if the student went part-time immediately after transferring to the school to participate in the spring. The fact that he played means he would need a transfer waiver.

Whether the student is part-time or full-time in the fall (let’s say), he/she will need a transfer waiver because their previous participation prior to the transfer.

Keep in mind that in most instances, most member college transfers will need the transfer waiver regardless of participation or non-participation. Please see the “Rule of Thumb” Case 15 on page 229 of the handbook. Also keep in mind that if the student has only been part-time at a previous college then he/she would NOT need a transfer waiver. Waivers are for those students who are full-time prior to their transfer.

3. A student was born and lived 18 years in Mexico to American citizen parents. The student was home schooled. First, the home school rules apply here that I mentioned in question #1 above. I know that we say to use the parameters of state law and in this case it would be the parameters of the country (Mexico). If this is a real question then our office may need to review the information you have on this student and you will also need to send us the home school rules of Mexico. What type of documentation is required to participate in a winter NJCAA sport? Proof of graduation from home school. Or if the student passes 12 hours with a 1.75 from one full-time term then he/she will become eligible for participation. Count as international student? As far as I know if the parents are permanent residents or citizens of the United States then their children are as well, so that would make the student a permanent resident of the United States and not a non-US citizen. You should have a birth certificate on file for that student or other proof verifying citizenship/permanent resident status.

4. Letter of Intent: Can a baseball Letter of Intent be issued to a female student to serve as an athletic trainer as long as academic eligibility requirements are met? Or vice-versa for a female sport? Baseball team has not used 24 scholarships previously.

After talking to Mary Ellen about the whole manager scholarship issue that I said I would check on after returning to the office, my answer here will cover manager scholarships as well as athletic trainers.

As far as our office is concerned (and as per the bylaws) a school may scholarship anyone by having the student sign an LOI. If they sign an LOI they are a counter towards the overall numbers in that sport. We will use basketball as an example where a school can have 15 LOI signees for the year. You may scholarship a manager or a trainer by submitting LOI’s online but they will be counters towards the 15 you allowed to sign.

I pointed out Case 5 on page 261 concerning manager scholarships. We do state that you may not submit these online because our office does not control or monitor manager scholarships because your region or conference has their own rules that you must follow. However, if you are willing to submit an LOI online for a manager/trainer then please know that this manager/trainer will be a counter. If you do not want a manager to be a counter, then do not submit them online, but know that you may not give them an athletic scholarship.

If you submit a manager online then it is up to your college to report this manager to your conference. For example if you have 3 managers and you report two to the conference and then submit the third online, then that becomes a conference issue and not an NJCAA issue.

Our office will step in if one of your managers who has been receiving a college issued manager scholarship (not submitted online) participates at any time at that college, then he/she will be a counter every year he/she was a manager. (See the case.) Again, you cannot disguise an athlete as a manager. Report all manager scholarships to your conference.

5. Can a president sign release prior to sending release to student?

Yes. The president or athletic director may both sign before you send the Release to the student. I would say that if you receive these signatures on the Release before you send the form to the student, then the student will definitely know that they are released. But there is no order to the signatures on the Release however the president’s and AD’s signatures are required to make the Release official.

6. Can a player participate in a scrimmage, practice or be on the team roster without a transfer waiver?

Yes. If a transfer student who is required to have a transfer waiver from their previous college(s) and does not receive one then that student is ineligible. The only 2 restrictions for ineligible players are that they may not dress for competition (Article V, Section 1.E) and they may not participate in any competitions while they are ineligible or serving probation. Ineligible players may practice, they may receive an athletic scholarship, and they may scrimmage as long as they have a valid physical on file and are enrolled/registered at the college (see Article V, Section 14.A.4 and Article VIII, Section 6.A)

7. Contact Notification needs to be revised – it makes coaches think after the 10 days that the athlete is recruitable.

This is a good suggestion, however schools that send and receive this form should notice that towards the bottom of the form it states: “NOTE: If a student is under a current NJCAA Letter of Intent, no further contact may be made unless a signed release is first obtained.” So from this statement and the bylaws in Article VIII, Section 5.A, then coaches should know that:

1. If a student is currently on a LOI at another college, then all colleges are “obligated to respect a student-athlete’s signing and shall cease any further recruitment.” (Article VIII, Section 5.A.12)
2. Only a signed NJCAA Release Agreement will release that student from his/her LOI. (Article VIII, Section 5.A.13 & 15) No other form serves the same purpose as the Release Agreement – not the Transfer Waiver or Contact Notification form.

Through the timeline involved (10 days) with the Contact Notification the college that was contacted by the student should ask the student’s college if the student is or is not receiving an athletic scholarship. When the college finds this out about the student, they will then know what their next step should be: if on scholarship then no further contact can be made…period. Or if the student is not receiving a scholarship then the college may talk to the student when the time periods have elapsed regarding the Contact Notification form.

8. Audits – can we scan and email documents to you?

No because our office follows the bylaws where it states in Article V, Section 13.C.3 that the “hard copy eligibility file” must be received by the National Office.

9. What is the penalty for non-compliance of off-season practice?

This is on a case-by-case basis.

10. When an audit is performed, do you review all student files for all sports or is there a sampling process?

When our office audits a college, we are auditing one sports team from that college which we will identify on the “Notification of Eligibility Audit” form that we attach to the email we send the athletic director. There is a list of everything our office needs for the audit which is on this form as well as being located in Article V, Section 13.C.5. So to answer the question we will need everything regarding eligibility and LOI’s for each student on the submitted eligibility forms.

11. May we sign a student to an Athletic Scholarship (with LOI and as a counter), place them on the roster, but have them perform manager duties?

Again, please see the answer in #4 above.