Eligibility-SAIT Volleyball-Dooley |
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Eligibility Ruling
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2015-16 SeasonOctober 13, 2015Facts: I have been advised by SAIT that Connor Dooley graduated from Algonquin College in 2015 with a certificate in general arts and science. He is currently enrolled as a student at SAIT. Mr. Dooley wishes to play immediately for the SAIT Men’s Volleyball team during the 2015-16 season. He does not wish to be credited with having utilized a transfer under the ACAC Operating Code. Ruling: Article I Section 5 Rule 1.6.1.2 of the ACAC Operating Code reads as follows: 1.6.1.2. A student-athlete who, for the second (or greater) time in their post-secondary career, transfers from one CCAA institution to another CCAA institution in the same sport, IS required to sit-out one (1) year (365 days) from the date of their last league/playoff game participation. (amended August, 2014) Note: The following types of transfers are not subject to article 1.6.1.2. above: d) Transfers by student-athlete graduates who decide to attend another institution to pursue a post-graduate program of study. The relevant CCAA Operating Code rule is as follows: 11.2 Transferring between CCAA member institutions b) A student-athlete who, for the second (or greater) time in their post-secondary career transfers from one CCAA institution to another CCAA institution, in the same sport, is required to sit out one (1) year (365 days) from the date of their last league/playoff game participation, Note: The following transfers are not counted in the above: c) If student-athlete graduates and decides to go to another institution to pursue academics that is not considered a transfer. As you will note, the wording of the respective ACAC and CCAA rules differ slightly, with the ACAC wording appearing to be more restrictive, hinging on the meaning of “post-graduate.” One interpretation of post-graduate suggests that it refers to one who has received an undergraduate degree and is moving on to take graduate studies, leading to a master’s degree. However, more general definitions refer simply to formal studies which take place following graduation. In light of the uncertainty created by the wording of ACAC Rule 1.6.1.2.d, I referenced CCAA Rule 11.2. While it is certainly open to the ACAC to impose provisions that are stricter than those of the CCAA, my review of the ACAC rule does not lead me to believe that there was intent on the part of the ACAC to impose a more strict interpretation of this aspect of the transfer rule. In light of the vagueness of the ACAC rule, and in light of the fact that the vast majority of ACAC programs of study do not lead to bachelor’s or master’s degrees, I choose to interpret ACAC Rule 1.6.1.2.d in accordance with Article I Section 5 Rule 1 of the ACAC Operating Code, which encourages inclusiveness of student participation in athletic opportunities. In my opinion, to rule otherwise would have the effect of discriminating against ACAC student-athletes on the basis of their past and current program selection. Based on the above, Mr. Dooley’s current participation at SAIT is not pursuant to a transfer according to the provisions of ACAC Rule 1.6.1.2 and he is immediately eligible to compete for SAIT, assuming that he meets all other eligibility requirements. Bill Hendsbee |