Page 100 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

A. This circumstances generally would not satisfy the criteria for a student eligibility
general waiver (rules 17-8.1, 17-8.3). Since it is foreseeable that there could be
social adjustment problems when a student attends an out-of-District School,
and could be scholastic problems when a student attends an academically
challenging School, attendance at such a School would not qualify as a hardship
condition. (rule 17-8.3)
Q. 17-8 A student wants to attend a different School where the scholastic program is
better and where the student will fit in better. Will the student be eligible at
the Varsity level?
A. Transfers for these reasons generally fail to meet the criteria for full eligibility
under the General Waiver Rule. A decision to change Schools because
someplace else is “better” is not the result of a circumstance which necessitates
a School change, but is more often the consequence of a family’s decision
about what School they believe to be superior. This is a choice, totally within
the control of the student and the student’s family. Students and parents are
urged to research schools prior to Enrollment. (rules 17-8.1, 17-8.3).
Q. 17-9 Will a student get a Student Eligibility General Waiver (rules 17-8.1, 17-8.3)
following a transfer if the student was the subject of a disciplinary action at the
Sending School and the transfer was because of that disciplinary action?
A. No. Students who transfer as a result of some disciplinary action, pending
disciplinary action or a code of conduct violation at a Sending School would
not meet the criteria for a Student Eligibility General Waiver. (rules 17-8.1,
17-8.3)
Q. 17-10 A student attends a School where the student’s family believes there is gang
activity and believes the student is not a safe. The family doesn’t want to move
but does want the student to transfer to another, safer School. What’s the level
of athletic eligibility which will result from this transfer?
A. Safety issues at a Sending School may constitute a Hardship Condition (rule
17-8.3) and a transfer because of such safety concerns may meet the General
Waiver Rule criteria (rule 17-8.1) and permit full eligibility. In cases where the
family believes there is an unsafe school environment at the Sending School,
the student must show the existence of such problem, must show the problem
directly impacted the student and must show that remaining on that School’s
campus would be dangerous for the student. The preferable proof would
include school reports of incidents involving the student, evidence that the
student requested the school to provide assistance in dealing with the problem
and proof that the problem persisted. Proof of rumors of potentially dangerous
conditions will probably not support a student’s request for a Student Eligibility
General Waiver.
Q. 17-11 A student has been bullied by another student while enrolled at a school and
transfers to a neighboring school to get away from the student bully. The student
seeks full eligibility under the General Waiver Rule, 17-8.1. Does a bullying
situation qualify as a hardship condition?
A. Bullying may qualify as a hardship condition if there has been a verified history
of bullying and the bullying occurred at the Sending School, and not over social
media, not at the mall, not at McDonalds. Also, any bullying incidents must have
been reported to the Sending School at the time the bullying occurred, and
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.
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