Page 93 - 2021-22 By-Laws

Rule 17 - Investigations ... Waivers

at a minimum, the student must have completely complied with the Sending
School’s Bullying Policy in order for the claimed bullying to be considered.
(rule 17-8.3)
Q. 17-12 Can bullying within or among athletes and teammates qualify as a hardship
condition?
A. A claim of bullying involving teammates generally does not qualify as a hardship
condition since a student who transfers as the result of an athletically-related
event is transferring for an athletic reason, even if the event is a teammate
bullying another teammate. Under rule 17-8.3, before a situation can be
considered a hardship condition, the situation must be non-athletic. Under
17-8.3(b), any evidence that the transfer was motivated by athletics often
eliminates the chance that the situation is a hardship condition.
Q. 17-13 A student attending the local public school now wants to attend the local private
school which has a religious component in its operations and curriculum.
And another student now wants to attend the local public school because he/
she is tired of having to attend morning religious services and having to take
religious classes. Will either student be eligible at the Varsity level following
the transfers under the General Waiver Rule?
A. Transfers based upon a student’s desire to attend and get an education at a
religious school, and transfers based upon a student’s desire to not to attend a
religious do not qualify as hardship transfers. The decision to transfer to another
Schools because the other school is religious and offers religious instructions,
just like the decision to transfer to another Schools because the other school is
not religious and does not require religious instruction, is rooted, not in some
hardship condition at the incumbent school, but rather upon a decision to attend
another school which better fits the student’s interests and wishes. This is a
choice, totally within the control of the student and the student’s family and
does not qualify as a hardship condition or as a basis for granting a waiver.
(rules 17-8.1, 17-8.3).
Q. 17-14 Following her rule 19-6.1 transfer, the student (girls basketball) claims that, since
the Receiving School doesn’t have a girls JV basketball team, which means
that she’ll be unable to play basketball there, then that situation constitutes a
hardship condition, Does the student qualify for a General Waiver under rule
17-8.1?
A. No. A student seeking a General Waiver under rule 17-8.1 must show the
existence of a hardship condition as described in rule 17-8.3, and in the context
of a school transfer, the hardship condition must have actually caused the
student to transfer schools. The inability to play basketball at a Receiving
School because the school doesn’t have a team for students granted limited
eligibility is neither a hardship condition nor a basis for a rule 17-8’1 General
Waiver. (rules 17-8.1, 17-8.3).
Eligibility Under the Transfer Waiver Rule 17-8.5
Q. 17-15 A student moves to the home of an uncle who became the student’s Guardian,
and transfers to a school which serves the uncle’s residence. The principal
of both the former School and the new School signed the verification on the
Transfer Report that the transfer was in the best interest of the student and
that there were no athletic related motives involved. Will the student get full
eligibility under rule 17-8.5?
A. No, under rule 17-8.5, the student must meet each condition of the rule,
including the requirement that the “student continues to reside with his/her
parents/Guardians”, and here since the student did not meet the “continue to
reside” criteria, the student would not receive a rule 17-8.5 waiver.
Q. 17-16 A student moves between the residences of his divorced parents, but he does
not want to enroll at the School which Serves the Student’s (new) Residence,
and instead, wants to enroll at a School not Serving the new residence. Can
the student get full eligibility at the new School under 17-8.5?
84