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College Sports, Division II, Education

NCAA Division II Secondary Case Review: Financial Aid Written Statement Requirement

The Michael L. Buckner Law Firm continues its educational series on NCAA Division II legislation through a review of selected cases involving secondary rules-violations. Today’s post reviews a secondary case involving a violation of NCAA Division III Bylaw 15.2.3.

NCAA Division III Bylaw 15.2.3: Written Statement Requirement

In all cases, the institutional agency making the financial aid award shall give  the recipient a written statement of the amount, duration, conditions and terms  of the award. The chair of the regular committee or other agency for the awarding  of financial aid to students generally, or the chair’s official designee, shall  sign or electronically authorize (e.g., electronic signature) the written statement.  The signature of the athletics director, attesting to the committee’s award, does  not satisfy this requirement.

The bylaw was cited in Secondary Case Number 46327 (February 8, 2011), which involved the institution’s administration. The case is summarized below:

Facts: Over the past five years, the institution failed to send multiple prospective student-athletes their financial aid agreements with the date and signature of the director of financial aid.  Specifically, although the financial aid office sent official athletics aid agreement packages to the prospects, which included the signature of the director of financial aid, the director was not signing the actual financial aid agreements

Institution Action: The process has been revised to make sure the financial aid officer signs each offer of aid prior to it being sent to PSAs.

Enforcement Action: No further action.

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About Justin P. Sievert, Esquire

Bar Admissions (North Carolina, Florida and Tennessee) Practice Area (College Sports Law)

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