Page 88 - 2021-22 By-Laws

Rule 17 - Investigations ... Waivers

a. In bringing a general waiver request, an affected party shall make application in a writing
which shall contain all facts pertaining to the case, including sufficient data to make
it possible to reach a decision without further investigation. All correspondence and
documents pertinent to the case shall be submitted.
b. Requests for a general waiver should always be made prior to any action or participation
by the student, coach, School or affected party under circumstances which would constitute
either ineligibility or a rule or decision violation.
17-8.3 Student Eligibility General Waiver
A student seeking a student eligibility general waiver must show the existence of a hardship
condition. A “hardship condition” means an extremely negative non-athletic condition, peculiar
to the student, which is caused by unforeseen, unavoidable and uncorrectable events, which
is beyond the election, control or creation of the student, the student’s family, the student’s
supporters, the student’s coaches and the student’s School, and which causes the student to
be ineligible or not fully eligible, or which objectively compels some action which results in the
student being ineligible or results in the student not having full eligibility. A student eligibility
general waiver is exceptional and extraordinary relief, granted in rare cases; ordinary cases
shall not qualify for a student general eligibility waiver.
a. Likewise, a negative change in the financial condition of the student or a student’s family
may constitute a hardship condition, however, such change must be permanent, substantial
and significantly beyond the control of the student or the student’s family.
b. In a transfer case where a student seeks full or Limited Eligibility, and there is evidence
that the transfer or move was motivated, in part, by athletic reasons, albeit not for primarily
athletic reasons, the student will not qualify for a general waiver.
17-8.4 Non-Student Eligibility General Waiver
When the circumstances do not directly relate to student eligibility, an affected party may request
a general waiver when special circumstances arise that call for relief from, or modification of,
the effects of a rule, policy or procedure on an affected party.
17-8.5 Limited Eligibility Waiver
In addition to the foregoing, in transfer cases under rule 19-6, the Commissioner, his designee
or the Committee shall have the authority to set aside the effect of the transfer rule and grant
a student full eligibility following a transfer if (a) the student continues to reside with his/her
parent(s) or Guardian(s), (b) the student establishes, to the reasonable satisfaction of the
Commissioner, his designee or the Committee, that the transfer is in the best interest of the
student and there are no athletic related motives surrounding the transfer, and (c) the principals
of the sending and receiving Schools each affirm in writing that the transfer is in the best
interest of the student and there are no athletic related motives surrounding the transfer. In
addition, in those circumstances where the student attended a School, other than the sending
and receiving School, at any time during the Three-hundred Sixty-five (365) days prior to the
transfer, the principal of the other school(s) the student attended during the Three-hundred
Sixty-five (365) days prior to the transfer must also affirm in writing that the transfer is in the
best interest of the student and there are no athletic related motives surrounding the transfer.
17-9 Eight Semester Eligibility Waiver
The Commissioner, his designee or the Committee may in individual cases, upon written
request, declare eligible a student who would otherwise be ineligible under rule 12 if all of the
following conditions are met:
a. the student has not graduated from high school;
b. the student establishes, to the reasonable satisfaction of the Commissioner, his designee
or the Committee, that he or she has, or had, a disability as defined in the Individuals With
Disabilities Education Act, 20 U.S.C. § 1401(3);
c. the student establishes, to the reasonable satisfaction of the Commissioner, his designee
or the Committee either: (1) the student had an I.E.P. and was meeting the requirements
of the I.E.P., yet is unable to graduate from high school within Eight (8) semesters after
entering ninth grade, primarily because of the disability; or (2) the student did not have an
I.E.P. and is unable to graduate from high school within Eight (8) semesters after entering
the ninth grade, primarily because of the disability; and
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