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College Sports, Division I

New NCAA Division I Interpretation: 4-4 Transfer — Fulfillment of Nonqualifier Residency Requirement for Practice and Financial Aid

On November 21, 2011, the academic and membership affairs issued an interpretation concerning the fulfillment of the 4-4 transfer nonqualifier residency requirement for practice and financial aid. The staff determined that “a nonqualifier who attends two four-year institutions during his or her first year of enrollment (e.g., one semester at each, one-quarter at one and two quarters at the other) may combine the terms of enrollment at the two institutions to fulfill the one-year residence requirement for practice and athletically related financial aid.” The interpretation references NCAA Division I Bylaws (academic year of residence), 14.3.4 (residence requirement — nonqualifier), 14.5.5 (four-year college transfers), (attendance for less than one academic year) and a staff interpretation (03/31/11, Item No. a).

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; b) include the interpretation in the next scheduled rules-education session involving the institution’s financial aid office; and (c) make appropriate changes in the institution’s policies and procedures relating to the residency requirements for practice and financial aid.


About Justin P. Sievert, Esquire

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


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