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College Sports, Division II, Education

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

On December 21, 2011, the academic and membership affairs staff issued an interpretation concerning the fulfillment of the nonqualifier residency requirement for practice and financial aid by a 4-4 transfer student-athlete. Specifically, 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.”

This interpretation referenced NCAA Bylaws 14.02.11.1 (academic year of residence), 14.3.4 (residence requirement — partial qualifier or nonqualifier), 14.5.5 (four-year college transfers), 14.5.5.1.2 (attendance for less than one academic year) and a staff interpretation (03/31/11, Item No. b).

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance: a) include the interpretation in the next scheduled rules-education session for the athletics staff and coaches; and b) review current transfer policies regarding 4-4 transfers.

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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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