Page 97 - 2025-26 By-Laws

Rule 17 - Investigations ... Waivers

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.
17-9 Eight Semester Eligibility Waiver
The Commissioner, his/her 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/her
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/her
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
d. the student establishes, to the reasonable satisfaction of the Commissioner, his/her
designee or the Committee that the student’s participation would not constitute an
undue risk to the health and safety of other participants or provide the student or the
student’s team an undue competitive advantage. Without limiting the evidence that may
be considered, the Commissioner, his/her designee or the Committee, may consider the
following in determining whether the student’s participation would constitute an undue risk
to the health and safety of other participants or provide the student or the student’s team
an undue competitive advantage: (1) whether the student has presented a report from a
physician regarding the student’s height, weight and whether the student is likely to pose
an undue risk to the safety and health of other participants; the student shall submit to an
independent medical examination by a physician selected and paid for by the Association
at the request of the Commissioner, his/her designee or the Committee; (2) whether the
student has previously participated in the sport for which eligibility is sought, or a similar
sport, and if so, how many years and at what level the student has participated and whether
the student’s skill level is such that the student was ever a member of the starting team or
was a recipient of league or other honors as a result of previous participation in the sport;
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