Eligibility-KC Hockey-Rota |
(
Eligibility Ruling
) |
2014-15 SeasonSeptember 17, 2014Facts: Keyano Men’s Hockey player, Dylan Rota, sustained a season ending concussion on January 21, 2014. As a result of his injuries, he was forced to withdraw from classes during the Winter Term of the 2013-14 academic year. Due to his injuries, Mr. Rota was allowed to withdraw without academic penalty. Mr. Rota did, however, compete for Keyano during the Winter Term before sustaining his injury. Keyano advises that Mr. Rota successfully completed ten (10) credits during the Fall Term with a 3.15 GPA. Keyano suggests that a head injury be treated differently than other physical injuries, suggesting that Mr. Rota be treated as a one (1) semester athlete for eligibility purposes, thus allowing him to compete immediately for Keyano. Ruling: Article I Section 1 Rule 1.1.4.1 of the Operating Code reads as follows: 1.1.4.1. Two Semester Participation The 10 credit hours Mr. Rota earned during the 2013-14 academic year do not meet the eighteen (18) credit hours required by the above rule to allow him to be immediately eligible to compete. In the attached ruling from 2012 (Madison Rose, MacEwan), I held that I had no discretion to provide an exemption to Rule 1.1.4.1 due to injury. As you will note from reviewing the case, I stated as follows: Unfortunately, in my opinion, the rule offers me no discretion. It does not provide an exemption for injury. It is absolute in its requirement that a two semester athlete must have completed 18 credit hours before August 31 in order to be eligible for the following season…. In my opinion, although the ACAC Council is free to amend the rule to provide exemptions for illness, injury or other reasons, it would be dangerous to make such a change without considering the full ramifications of doing so. There are many valid reasons why a student might be forced to reduce his or her course load below the required minimum. However, were Council to amend the rule, the Conference might be opening itself up to a significant number of requests for exemptions based on injury, illness or other personal circumstances. Although the substance of Rule 1.1.4.1 has not changed since 2012, Keyano suggests that a head injury be treated differently than other physical injuries such as broken arms or legs. I am certainly sympathetic to Mr. Rota’s circumstances. He was clearly a good student who sustained an injury which made it impossible for him to complete last year’s Winter Term. In my opinion, the rule in question was not intended for students such as Mr. Rota who find themselves in circumstances beyond their control. However, as stated above, the substance of the rule has not changes since the Rose ruling. As I stated in Rose, although there are any number of legitimate reasons why a two semester athlete (which is what Mr. Rota should be characterized as despite not completing the Winter Term) might not be able to complete eighteen (18) credit hours during an academic year, Rule 1.1.4.1 does not provide the Commissioner with the discretion to provide an athlete such as Mr. Rota with the exemption he seeks. Based on the above, I must respectfully decline Keyano’s request. Sincerely, Bill Hendsbee |