Eligibility - KC Soccer - Special Needs Student |
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Eligibility Ruling
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2012-13 SeasonSeptember 19, 2012Facts: Keyano seeks a ruling that a KC soccer student is immediately eligible to play for its Men’s Soccer team. The student played CIS Soccer last season for Saint Mary’s University. Pursuant to CIS bylaws, he was classified as a Special Needs Student. His course load during the Fall semester (the season in which he participated) was six (6) credit hours. He successfully completed those six (6) credit hours. Ruling: Article I Section 5 Rule 1.1.1 of the ACAC Operating Code reads as follows: Full-time Status: The ACAC defines full-time status as being registered in and attending a minimum nine (9) credit hours (or equivalent as determined by the institution’s Registrar) in each semester in which they participate in ACAC competition. (Amended October 2009) Article I Section 5 Rule 1.1.1.4 of the Operating Code reads as follows: Students With Disabilities: In recognition of the fact it is the duty of each ACAC member institution to provide reasonable accommodation and protected grounds under Canadian human rights legislation, full-time status for students with disabilities shall be determined by the ACAC member institution. (Note: This article applies to CCAA members as well). (Added October, 2011) Article I Section 5 Rule 1.1.3.2 of the Operating Code states (in part) as follows: One Semester Participation Rule 40.10.3.3.3 of the CIS bylaws states the following: A Special Needs Student must successfully complete either a full-time course load (or full-time equivalent as defined by their institution as a Special Needs Student), or minimum eighteen credit hours in order to be eligible for the following year. A special needs student must be formally designated as such by the institution’s special needs department or equivalent. (emphasis added) Finally, Section 5 of the ACAC Operating Code says that the ACAC is to “encourage inclusiveness of student participation in athletic opportunities.” I have confirmed the following relating to the student's attendance at Saint Mary’s last Fall: -he was classified as a Special Needs Student by his institution Rule 1.1.1.4 above allows individual ACAC member institutions to determine what full-time status should be for their students with disabilities. However, that section does not deal with transferring athletes who competed at a different institution during the previous season. Without reference to disability, Rule 1.1.3.2 above requires a one semester athlete to successfully complete nine (9) credit hours during the semester in which he participated in order to be eligible for the following season. Unfortunately, Rule 1.1.3.2 and 1.1.1.4 are silent on the issue of transferring athletes. In my opinion, this is an oversight that should not be used to punish the student-athlete. The combination of the ACAC spirit of inclusiveness and the clear message in Rule 1.1.1.4 that the Conference will make every attempt to accommodate the needs of students with disabilities leads me to the conclusion that he has satisfied the intent of the ACAC’s eligibility requirements by successfully completing the equivalent of a full-time course load last Fall at Saint Mary’s. As such, it is my ruling that he is immediately eligible to compete for Keyano provided that he satisfies all other eligibility requirements. Sincerely, |