Eligibility-CUCA Soccer-D'Andrea |
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Eligibility Ruling
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2014-15 SeasonSeptember 11, 2014Facts: Laura D’Andrea is currently a student at CUCA. During the 2013-14 season, she competed for the MacEwan Women’s Soccer team, having transferred to MacEwan after competing for the CUCA Women’s Soccer team during the 2012-13 season. Ms. D’Andrea used her “free transfer” when she moved from CUCA to MacEwan. Having returned to CUCA for the second semester of the 2013-14 academic year, CUCA seeks a ruling allowing her to compete immediately for the CUCA Women’s Soccer team. CUCA has also raised a number of issues relating to the conduct of her coach while at MacEwan, alleging discrimination on his part. I do not wish to dismiss those allegations. If either CUCA or Ms. D’Andrea wishes to pursue that issue, I ask that they do so separately. As I understand the request for a ruling, CUCA’s current priority relates to its request to have Ms. D’ Andrea compete immediately for CUCA. In my opinion, the allegations relating to the MacEwan coach have no bearing on the current request and I have not considered them in rendering this decision. Ruling: Article I Section 5 Rule 1.6.1.2 of the ACAC Operating Code states (in part) as follows: A student-athlete who between the end of one academic year and the beginning of the next and, who for the second, third or fourth time in his/her post-secondary career, transfers in the same sport from one ACAC or CCAA institution to another ACAC or CCAA institution, is ineligible to compete for one year (365 days) from the date of his/her last league/play-off game participation. Note: The following types of transfers are not subject to article 1.6.1.2 above: b) Transfers that come from a post-secondary institution outside of the ACAC or CCAA (e.g., Canada West) to a CCAA institution. MacEwan was accepted into the CIS in a number of sports, including Women’s Soccer, in May of 2013. During the 2013-14 season, MacEwan competed as a member of the ACAC while also being a probationary member of the CIS. CUCA argues that since MacEwan was a probationary member of the CIS during the period of her participation, Ms. D’ Andrea is, in fact, transferring from a CIS institution to the ACAC, thus making her eligible to compete immediately pursuant to Rule 1.6.1.2.b. This situation falls into a grey area and CUCA raises an interesting perspective. Where possible, it has been my goal to honour the spirit of inclusiveness outlined in the Operating Code in favour of our athletes. However, that said, in this instance, I am not persuaded by CUCA’s argument. The relevant time period to determine Ms. D’ Andrea’s status was during the period of her participation, which was during the 2013-14 season. Notwithstanding that MacEwan had been accepted into the CIS as a probationary member at that time, it is my opinion that the team and, by extension, its players, was fully participating as a member of the ACAC Women’s Soccer League. The team competed solely against other ACAC teams, winning Gold at the ACAC League Championships and also winning Gold at the CCAA National Championships. In addition, the team was bound by all provisions of the ACAC Operating Code and the statistics for the team and its players were maintained by the ACAC. Further, Ms. D’ Andrea and her teammates also consumed ACAC eligibility during the period in question. In short, at no point during her tenure at MacEwan could Ms. D’ Andrea reasonably have been considered to be a CIS athlete, thus making her ineligible to claim the exemption under Rule 1.6.1.2.b above. As a result, Ms. D’ Andrea must abide by the rule, which renders her ineligible to compete in ACAC Soccer for one (1) year from the date of her last participation. Sincerely, Bill Hendsbee |