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College Sports, Division II

New Division II Interpretation: Nonqualifiers and Partial Qualifiers Participating in Institutional Promotional Activities

On May 24, 2012, the NCAA Division II Legislation Committee issued an interpretation concerning the use of nonqualifiers and partial qualifiers in institutional promotions. Specifically, the staff confirmed that “a student-athlete who is certified as a nonqualifier or partial qualifier is not permitted to participate as a member of the team in any promotional activities during the summer prior to enrollment and during the first academic year of residence at the certifying institution.”

This interpretation referenced  NCAA Division II Bylaws 12.5.1 (promotional activities), 14.3.2.1.1 (partial qualifier — eligibility for aid, practice and competition) and 14.3.2.2.1 (nonqualifier — eligibility or aid, practice and competition), Figure 14-3 (initial eligibility); and a staff interpretation (11/3/89, Item No. g), which has been archived.

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance include the interpretation in the next scheduled rules-education session for the athletics staff and coaches.

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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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