NCAA waiver guide

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SoCalHoops Recruiting News

IMPORTANT: NCAA Will Process
"100-Mile Rule" Waivers. Act Now.--(July 15, 2002)

We don't have the time to go into much of the background behind the 100-mile rule which was instituted by the NCAA this past April. Stated simply, the rule (Bylaw 30.16 (l)) is designed to prohibit event operators from allowing teams to compete in NCAA-certified events this summer unless all of the team members (a) are all from the same state, or (b) if they are not from the same state, all live within 100-miles of the team's mailing address.

This rule has impacted many players. A lawsuit was filed last month in Philadelphia by two players from Montana and South Dakota, Tyler Koenig and Eric Henkel. The suit sought an injunction, restraining the NCAA from enforcing the 100-mile rule this summer. In response to the suit, the NCAA has now adopted a "waiver" process.

The NCAA's explanation of the waiver process is unnecessarily complex and cumbersome, and seems designed to discourage people from using it. The NCAA also requires the use of a form to obtain a waiver, yet doesn't provide a link to the form itself. The form also doesn't seem to be applicable, but it's the one the NCAA is using.

We've studied this waiver process in some detail, and can now provide a sort of "how to" guide to filling out the forms and submitting the necessary information to the NCAA.

There are three steps to the process: 1) Describing the facts which justify a waiver. We've provided a sample letter to the NCAA for players and their parents to do this; 2) Fill out the NCAA's "Waiver Application Form"; we've provided a line-by-line guide for filling out the form. Keep in mind that this is not foolproof, and if you have questions, call the NCAA about how to fill out the form; 3) What to do with the form & letter.

Finally, timing is everything. There are no guarantees that any waivers will be granted by the NCAA. Submit the forms NOW. Time is of the essence, and if you want or need a waiver, you must file it ASAP.

Caveat Emptor.

A Sample Application Letter To The NCAA

The waiver process can be implemented by submitting the NCAA's form, and should be used to explain all relevant facts. The sample letter is just that, i.e., a sample. Adapt it to your own facts and circumstances.

NAME OF PLAYER HERE
ADDRESS OF PLAYER
TELEPHONE NUMBER & FAX

SENT VIA FAX: 317-917-6989

The NCAA
Attn: Jan Gentry
Basketball Issues Committee
Post Office Box 6222
Indianapolis, Indiana 46206

Re: Waiver of Application of 100-Mile Rule
Applicant: [NAME OF APPLICANT HERE]

Dear Ms. Gentry:

Please accept this application to the Basketball Issues Committee pursuant to Bylaw 5.4.1.4. This application seeks a waiver on behalf of the undersigned of Bylaw 30.16 (l) for the summer of 2002 for [APPLICANT], a basketball prospect.

Applicant resides at the address indicated above. He was born on __________, and has completed his junior year at ______High School, in __________, ________with a GPA of approximately ____. Applicant is a star basketball player at his high school and has been the recipient of several basketball awards, including twice All-State and All-Region [DESCRIBE AS APPROPRIATE]. Applicant has received numerous communications from Division I institutions, including telephone calls and letters, and is thus considered to be a “recruited athlete” as that term is defined by the NCAA bylaws.

Applicant desires to play on a non-scholastic basketball team located in [CITY AND STATE], known as [NAME OF TEAM]. [PLAYERS HOME TOWN] is located approximately ____miles from where the team is located. Applicant has previously played for this team in other certified spring 2002 events, but as a result of the NCAA’s recent adoption of the “100-mile rule,” Applicant will not be able to compete with this team this summer unless he is granted a waiver.

While there are other teams located within the State of _________, Applicant cannot play for any of them because all of the rosters are now full. Applicant does not have any other team to play on in the Las Vegas Big Time tournament or the Best of Summer Tournament [ADD TOURNAMENTS WHERE APPROPRIATE], and as a result, unless Applicant receives a waiver, he will effectively be precluded from receiving any further evaluation during the critical summer evaluation period. These tournaments
are the final certified events of the summer, and thus represent the last and best opportunities for Applicant to be observed and evaluated by Division I coaches before the fall signing period.

Applicant believes that attending these certified non-scholastic tournaments which require a waiver of the 100-mile rule during the summer of 2002 with the travel team he wishes to play with and has been invited to participate on, will provide him with the best opportunity to obtain the necessary evaluation by Division I coaches who will attend these events. If Applicant is restricted from playing with the team of his choice during the summer of 2002, he will not be able to be evaluated by Division I coaches.
This will significantly restrict Applicant’s evaluation period, put him at a competitive disadvantage with other recruits who are not affected by the 100-mile limitation, and will impact Applicant adversely because Applicant’s high school team does not have the same high caliber athletes as his non-scholastic travel team, and his evaluation during the academic year will not be of the same quality as that which he could experience during the summer. Thus Applicant desires this waiver for the limited purpose of playing in the two final tournaments of the summer with his
usual travel team, __________.

Coaches of Division I schools have advised applicant that they expect to see him play at the Las Vegas Big Time Tournament and the Best of Summer tournament [change tournaments where applicable]. Applicant has previously played with the __________team this past spring at other non-scholastic certified events. Applicant has received skilled coaching assistance, and his teammates on the ________team comprise a select caliber of players. Applicant has practiced with the team, and will receive instruction and valuable coaching experience from the _________coaches who are all either current high school coaches, or certified and "approved" AAU coaches who meet the criteria set forth in the NCAA's Bylaws pursuant to Bylaw 30.16 (k).

Applicant has learned that the NCAA is now processing applications for waivers of the 100-mile rule. Applicant would have applied sooner, but was under the impression that there was no appeal process, and had been told by [DESCRIBE WHERE APPROPRIATE, e.g., "his high school coach and his travel team coaches" or others] that there was no appeal process and that there would be no exceptions from the 100-mile rule for anyone.

Applicant has now been informed that this waiver process, which was posted on the NCAA’s site last week, will provide for an expedited waiver process and that the NCAA will inform applicant of its decision within 5 business days of submission of this application.

Applicant has not been paid to play on any team in any certified event this summer or at any other time. The 100-mile rule will adversely impact applicant. Applicant’s parents support his decision to play with the _________team. The opportunity to obtain a scholarship by receiving continued evaluation by college coaches should not be diminished for applicant because of the fact of where he resides.

Applicant therefore requests that the Administrative Review Subcommittee review this application and that the NCAA grant this request for a waiver from the restrictions of NCAA Bylaw 30.16 (l)—the 100-mile rule.

Please let me know of your decision as soon as possible.

Very truly yours,

_____________________
Applicant

_____________________
Applicant's parents

The NCAA Form & How To Fill It Out Properly

There is also a form which must be submitted with the application letter. The form should simply reference the player's name, and then identify that you are seeking a waiver of the application of Bylaw 30.16 (l)--the 100-mile rule. Even though the form doesn't look like it's applicable, and it says it must be submitted three weeks prior to
the decision being rendered,the NCAA has said that it will try to have the waivers processed within 5 days of their submission.

The form can be found at this link:

http://www.ncaa.org/library/membership/eligibility_guide/8.pdf

This link will take you to a PDF file on the NCAA's website.

YOU ONLY NEED TO PRINT THE FIRST 5 PAGES OF THIS FORM, NOT ALL 20+ PAGES.

The form you want is the one which references "Bylaw 5.4.1.7" at the top heading. You do not need any of the other forms you will find at this link.

Here's how to fill out the form (the numbers of paragraphs correspond to the numbered portions of the form):

1. Applicant Institution: Not applicable

2. Student's name---fill this in

3. Indicate that the player is a prospective student-athlete ("yes") and the indicate he's a basketball player. You don't need to fill out the rest of this portion, just indicate "not applicable" in each blank.

4. Just write "not applicable" in each line.

5. Do not fill this part out; you can fill in high school info if you like, but it's probably not necessary.

6. . The rule you are seeking a waiver from is "Bylaw 30.16 (l) --100-mile rule" (the "l" is not a 1, it's a lower-case "L").

7. "See attached letter from applicant."

8. "See attached letter from applicant."

In item 11, you can list other players who have applied for waivers under the rule, including "Tyler Koenig, Mitchell J. Platt, Ryan Klekas, Bobby Nash, Eric Henkel, and others." These are the names of some other players who have sought waivers of the rule so they can play with teams outside the state where they reside.

The rest of the form is really surplusage and I don't see anything else that would be applicable to the rest of the process. You might have the student and/or his parents sign the lines indicated at line 12 as the "Primary Contact" or you might want to list the team coach or parent as the contact, or the player himself.

What To Do With The Form & Letter

Here is what you need to do with your letter and the form:

1. The applicant and his parents should sign the letter and the form also as indicated above.

2. FAX the forms immediately (i.e., by Monday) to the number indicated. You can also mail them, but be sure to fax them. If the fax number is wrong, call the NCAA directly, and ask for Jan Gentry's fax number. I have been told that the fax number may not work by some applicants who have tried to fax to this number.

3. Call the NCAA on Tuesday or Wednesday to be sure that Jan Gentry received the form and the letter application.

4. Keep a copy of what you send to them, and let the rest of us know what happens.

Good luck,

Jerry Gale
SoCalHoops.com