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College Sports, Division III, Education

NCAA Division III Secondary Case Review: Missed Class Time

The Michael L. Buckner Law Firm continues its educational series on NCAA Division III 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 17.1.4.2.

NCAA Division III Bylaw 17.1.4.2. Missed Class Time

A student-athlete shall not miss class for the following: (a) Practice activities in any segment; and (b) Competition in the nontraditional segment.

The bylaw was cited in Secondary Case Number 48766 (November 9, 2011), which involved the institution’s women’s soccer program. The case is summarized below:

Facts: On September 8, 2011, a student-athlete (SA) missed class to engage in practice activities.  Specifically, the student-athlete enrolled in a math class section that met on Tuesday and Thursday afternoon during soccer team practice.  The SA wanted to transfer into the Monday-Wednesday section of the math class because it only conflicted with one soccer practice instead of two.  The SA attempted to transfer into the Monday-Wednesday section and was placed first on the wait list for admission to the class.  The SA thought she was in the process of dropping the Tuesday-Thursday course, and as such, did not attend the class on Thursday, September 8.  The SA instead attended practice at that time because she believed she would be added the Monday-Wednesday section.  The violation was discovered after the SA met with the assistant provost about transferring to the Monday-Wednesday math section.

Institution Action: Involved SA has been declared ineligible immediately and will be withheld out of practice not less than 2 days.  Institution’s student-athlete handbook includes a statement that states “it is against NCAA rules to miss class to attend practice”.  Each PSA receives that message in their initial eligibility meeting.  Institution will have that message delivered again.

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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