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NCAA adjusts 4 of 13 transfer waiver rules

ASSOCIATED PRESS

NCAA adjusts 4 of 13 transfer waiver rules

The NCAA adjusted four of its 13 transfer waiver guidelines on Wednesday that will likely make it more difficult for student-athletes to be immediately eligible in the event they transfer.

In a news release, the NCAA characterized the changes as “minor adjustments to the waiver process intended to clarify the requirements, prompt more involvement from athletics directors, and give guidance to members as they submit waivers.”

Waivers make it so that Division I athletes transferring from one institution to another do not have to sit out for a year athletically in what the NCAA refers to as an academic year in residence.

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However, with the changes, gaining immediate eligibility will become more difficult because the language is less broad. 

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There are four main changes, along with what the previous guidelines were:

■ If a student-athlete no longer has the opportunity to play at their previous school, the new school must prove the athlete is in good academic standing, as well as meeting “progress-toward-degree requirements.” They must also receive a statement from the student-athlete’s former athletic director that includes whether the student-athlete could return to the team; a reason and date of dismissal; the academic standing at the time of departure; and the reasons the student gave for transferring.

Previously, the new school had to provide only reasons the student-athlete couldn’t return to their previous institution “for reasons outside his or her control”; a statement from what the NCAA deems an “academic authority” indicating the student’s academic standing; and a statement from the student-athlete’s former school detailing its position on the request. 

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■ If a student-athlete transfers because he or she is “the victim of egregious behavior directly impacting his or her health, safety, or well-being,” the new school must provide documentation proving that is the case. Furthermore, the student-athlete’s new school will now be required to provide a statement from the previous school’s athletic director that explains why the student said he or she was transferring, along with proof of the student’s academic standing and that they are progressing toward their degree.  

Previously, the new school had to provide only documentation of the behavior at the previous school, as well as a statement from the previous school’s athletic director stating their position on the waiver request.

■ In cases of injury or illness of an immediate family member, the student-athlete must transfer within 100 miles of the immediate family member, and the transfer must occur “within or immediately after the academic year after learning of the injury or illness.” Additionally, the new school must provide medical documentation from the treating physician that shows how the student-athlete’s family member is debilitated; an explanation of how the student-athlete will help provide care; confirmation from the athletic director and faculty athletics representative that the student-athlete will be able to leave the team to help provide care; and proof from the previous school that the student is in good academic standing and progressing toward their degree.

Previously, the new school had to provide only documentation from the treating professional; existing medical documentation showing debilitation; an explanation of the need to transfer; and confirmation from the athletic director and faculty athletics representative that the student-athlete would be allowed to depart the team to provide care for the family member.

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■ Finally, if a student-athlete wants to transfer closer to home because of their own injury or illness, the new school must provide documentation from a medical professional that shows the student-athlete is debilitated and was receiving treatment before the transfer. They must also provide an explanation of the transfer need, as well as a treatment plan for the student-athlete. There must also be a statement from the previous school’s athletic director including reasons the student-athlete gave for transferring. The student is also required to be in good academic standing and must be meeting progress-toward-degree requirements at the new school. As in the case of an injury or illness to an immediate family member, the transfer must occur in the academic year after diagnosis, and the new school must be within 100 miles of the student-athlete’s family or support system.

Previously, there were no specific guidelines in this case. According to the news release, “a rise in waiver requests because of a student-athlete’s own injury or illness, particularly mental health issues, prompted the membership to create the guidelines approved by the council.”

When asked about the rule changes, University of Toledo associate athletic director for compliance Brian Lutz said in a statement: “We are aware of the guideline changes and will work with the NCAA in supplying the necessary documentation in order to secure a waiver for any 4-4 transfer student-athlete in basketball or football who seeks immediate eligibility.”

Bowling Green declined to comment.

In recent years, the NCAA had loosened requirements for a student-athlete to gain eligibility following a transfer. The transfer portal was also created so that student-athletes who wished to transfer could be contacted by other schools.

In April of 2018, current Michigan quarterback Shea Patterson was granted immediate eligibility after transferring from Mississippi. Patterson contended Ole Miss committed egregious behavior in 2016 during his recruitment and subsequent signing. 

In submitting a waiver application in March of 2018, Michigan stated that Patterson — who left the Rebels after the school was hit with NCAA sanctions, including a bowl ban — believed Mississippi lied about the severity of the potential violations during the recruiting process.

Patterson went on to start all 13 games for the Wolverines during the 2018 season, completing 64.6 percent (210-of-325) of his passes for 2,600 yards and 22 touchdowns. 

The previous transfer rules also helped former Georgia quarterback Justin Fields transfer to Ohio State this winter.

Fields was granted immediate eligibility in February. He cited the same rule Patterson did — the NCAA’s egregious behavior bylaw — because of an incident during a Georgia-Tennessee football game.

At the game, a Georgia baseball player, all-SEC first baseman Adam Sasser, yelled “Put the [N-word] in the game” multiple times. The university opened an anti-discrimination/anti-harassment investigation of the incident through the school’s Equal Opportunity Office. Sasser was dismissed from the baseball team. Fields was a two-sport star and also had played on the baseball team.

Fields was represented by Tom Mars, the same attorney Patterson used. 

First Published June 27, 2019, 11:23 p.m.

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