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College Sports, Division II, Education

New NCAA Division II Interpretation: Student-Athlete’s Voluntary Release of Institution’s Obligation to Provide Athletic Aid

On October 25, 2011, the academic and membership affairs staff issued an interpretation concerning a student-athlete’s voluntary release of an institution’s obligation to provide athletically related financial-aid. The staff confirmed confirmed that “once a prospective or enrolled student-athlete signs an institution’s financial aid agreement, it is not permissible to voluntarily release the institution’s obligation to provide athletically related financial aid, except under the conditions set forth in the release of obligation to provide athletically related financial aid legislation.” The interpretation references NCAA Division II Bylaws 15.3.4 (reduction and cancellation permitted), 15.3.4.3 (increase, reduction or cancellation not permitted) and 15.3.4.3.3 (decrease not permitted)]

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance offices: a) include the interpretation in the next scheduled rules-education session for the athletics staff and financial-aid staff; b) include the interpretation in any rules-education sessions or materials sent or provided to prospective or current student-athletes; and c) review the current policies and procedures for providing athletically-related financial aid.

 

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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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