Post by Coach Campbell on Sept 27, 2005 18:40:35 GMT
NCAA Student-Athlete Reinstatement
Frequently Asked Questions
1. What is the process for reinstatement of a student-athlete's eligibility?
The student-athlete reinstatement process provides for the evaluation of information submitted by an NCAA member institution on behalf of student-athletes/prospective student-athletes who have been involved in violations of NCAA regulations that affect their eligibility. The objective of the review is to assess the responsibility of the student-athletes/prospective student-athletes and to determine appropriate conditions for reinstatement of eligibility under national standards established by the NCAA membership, Management Councils (Divisions I, II and III) and Student-Athlete Reinstatement Committees (Divisions I, II and III).
2. Who makes the decisions on reinstatement cases?
The NCAA student-athlete reinstatement staff issues initial decisions in all cases. Staff decisions may be appealed to the Student-Athlete Reinstatement Committee. The reinstatement committee has the authority to amend a decision or lessen a penalty imposed by the staff, but it does not have the authority to increase the penalty. The student-athlete reinstatement committee is made up of individuals on member institutions' campuses or conference offices. The staff meets with the committee regularly to discuss philosophy, process, policies and guidelines for processing cases. In addition, the committee reviews all cases where the staff deviates from precedent.
3. Does the staff have any interaction with the committee on a particular case?
The staff has been given the authority to act on behalf of the committee and issue decisions on all reinstatement requests. The staff does not communicate with the committee when a case is received in the NCAA national office. If the institution wishes to appeal the staff decision, the committee receives a copy of all materials submitted and a teleconference is arranged. Staff and institution present case to committee. The staff and committee do not have any exparte communication regarding a specific case.
4. To whom does the committee report, and who has authority over policies and decisions?
In Division I, the committee reports to the NCAA Division I Academics/
Eligibility/Compliance Cabinet and, thus, all general policies or guidelines for processing of cases are submitted in reports to the cabinet. The cabinet and Management Council can assist the committee in setting policy and guidelines. However, actual case decisions are not able to be appealed beyond the committee.
5. How does the process work?
Institution determines that a prospective or enrolled student-athlete was involved in a violation that affects eligibility.
Institution declares student-athletes/prospective student-athlete ineligible.
Institution investigates situation and gathers facts (student-athlete reinstatement staff is not investigative in nature, and it is the institution's responsibility to determine the facts of each case).
Institution submits eligibility-reinstatement request to student-athlete reinstatement staff.
Staff reviews request, focusing on the student-athlete's/prospective student-athlete's responsibility, culpability, seriousness and type of violation(s).
Staff reviews precedent with similar facts to determine what conditions for reinstatement should be imposed, if any. The student-athlete reinstatement staff attempts to put the individual back in the position in which he or she would have been had the violation not occurred.
Staff, on behalf of the Student-Athlete Reinstatement Committees, can do one of three things:
Reinstate eligibility without conditions;
Reinstate eligibility with conditions (withholding/repayment); or
Not reinstate eligibility at that institution or at any institution.
6. How long does the reinstatement process take?
The length of time a case may take to process varies greatly on the complexity of the case. Often a case that involves serious, complex violations of NCAA regulations will require extensive follow-up. Once all information is received at the national office, it takes approximately a week for the staff to render an initial decision. The staff is also aware of competition dates and strives to render decisions prior to the next date of competition whenever possible.
7. Who can request reinstatement?
An NCAA member institution must request reinstatement on behalf of a student-athlete. A student-athlete himself or herself cannot request reinstatement. Reinstatement requests are processed on behalf of member institutions since member institutions are responsible for certifying the eligibility of student-athletes who compete on their individual campuses.
8. Can a student-athlete be represented by legal counsel?
A student-athlete may be represented by legal counsel during the reinstatement process. It is not required, and the process can be navigated without legal counsel; however, if a student-athlete wishes to have legal counsel, reinstatement policies allow for their participation.
Frequently Asked Questions
1. What is the process for reinstatement of a student-athlete's eligibility?
The student-athlete reinstatement process provides for the evaluation of information submitted by an NCAA member institution on behalf of student-athletes/prospective student-athletes who have been involved in violations of NCAA regulations that affect their eligibility. The objective of the review is to assess the responsibility of the student-athletes/prospective student-athletes and to determine appropriate conditions for reinstatement of eligibility under national standards established by the NCAA membership, Management Councils (Divisions I, II and III) and Student-Athlete Reinstatement Committees (Divisions I, II and III).
2. Who makes the decisions on reinstatement cases?
The NCAA student-athlete reinstatement staff issues initial decisions in all cases. Staff decisions may be appealed to the Student-Athlete Reinstatement Committee. The reinstatement committee has the authority to amend a decision or lessen a penalty imposed by the staff, but it does not have the authority to increase the penalty. The student-athlete reinstatement committee is made up of individuals on member institutions' campuses or conference offices. The staff meets with the committee regularly to discuss philosophy, process, policies and guidelines for processing cases. In addition, the committee reviews all cases where the staff deviates from precedent.
3. Does the staff have any interaction with the committee on a particular case?
The staff has been given the authority to act on behalf of the committee and issue decisions on all reinstatement requests. The staff does not communicate with the committee when a case is received in the NCAA national office. If the institution wishes to appeal the staff decision, the committee receives a copy of all materials submitted and a teleconference is arranged. Staff and institution present case to committee. The staff and committee do not have any exparte communication regarding a specific case.
4. To whom does the committee report, and who has authority over policies and decisions?
In Division I, the committee reports to the NCAA Division I Academics/
Eligibility/Compliance Cabinet and, thus, all general policies or guidelines for processing of cases are submitted in reports to the cabinet. The cabinet and Management Council can assist the committee in setting policy and guidelines. However, actual case decisions are not able to be appealed beyond the committee.
5. How does the process work?
Institution determines that a prospective or enrolled student-athlete was involved in a violation that affects eligibility.
Institution declares student-athletes/prospective student-athlete ineligible.
Institution investigates situation and gathers facts (student-athlete reinstatement staff is not investigative in nature, and it is the institution's responsibility to determine the facts of each case).
Institution submits eligibility-reinstatement request to student-athlete reinstatement staff.
Staff reviews request, focusing on the student-athlete's/prospective student-athlete's responsibility, culpability, seriousness and type of violation(s).
Staff reviews precedent with similar facts to determine what conditions for reinstatement should be imposed, if any. The student-athlete reinstatement staff attempts to put the individual back in the position in which he or she would have been had the violation not occurred.
Staff, on behalf of the Student-Athlete Reinstatement Committees, can do one of three things:
Reinstate eligibility without conditions;
Reinstate eligibility with conditions (withholding/repayment); or
Not reinstate eligibility at that institution or at any institution.
6. How long does the reinstatement process take?
The length of time a case may take to process varies greatly on the complexity of the case. Often a case that involves serious, complex violations of NCAA regulations will require extensive follow-up. Once all information is received at the national office, it takes approximately a week for the staff to render an initial decision. The staff is also aware of competition dates and strives to render decisions prior to the next date of competition whenever possible.
7. Who can request reinstatement?
An NCAA member institution must request reinstatement on behalf of a student-athlete. A student-athlete himself or herself cannot request reinstatement. Reinstatement requests are processed on behalf of member institutions since member institutions are responsible for certifying the eligibility of student-athletes who compete on their individual campuses.
8. Can a student-athlete be represented by legal counsel?
A student-athlete may be represented by legal counsel during the reinstatement process. It is not required, and the process can be navigated without legal counsel; however, if a student-athlete wishes to have legal counsel, reinstatement policies allow for their participation.