Correcting Eligibility-Use Error-KC Basketball-Bantaya |
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Eligibility Ruling
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2016-17 SeasonJuly 16, 2017Facts: During the 2012-13 ACAC season, Carl Bantaya was a red shirt member of the Keyano College Men’s Basketball team. Subsequent to the 2012-13 season, Mr. Bantaya competed for Keyano for two further seasons before transferring to Ambrose. Notwithstanding his red shirt status Mr. Bantaya’s name appears on a November 16, 2012 game sheet. However, Ambrose submits that Mr. Bantaya did not play the November 16, 2012 game and seeks a ruling to have one year of eligibility returned to Mr. Bantaya in relation to the 2012-13 season. Ruling: The starting point here is Article I Section 5 Rule 1.4.4, which deems an athlete to have used a year of eligibility if his name appears on a game report during that season. In this case, Mr. Bantaya must deal with the presumption that he used eligibility during the 2012-13 season. This ruling marks the first opportunity to interpret the newly introduced Article I Section 5 Rule 1.4.4.2 of the ACAC Operating Code, which is worded as follows: 1.4.4.2. Correcting an Eligibility-Use Error 1.4.4.2.1. When the error is detected before the completion of the relevant season and/or semester, the offending institution must submit a written request with all relevant details through the ACAC office to correct the record, as well as provide irrefutable evidence to support the request, and submit a $250 fee to the ACAC office. The Commissioner will review the submission and determine whether the request will be granted. If approved, the institution must submit corrected game sheet(s) to the ACAC office within one week. (Added April, 2017) 1.4.4.2.2. When the error is detected after the completion of the relevant season and/or semester, the offending institution must submit a written request with all relevant details through the ACAC office to correct the record, as well as provide irrefutable evidence to support the request, and submit a $500 fee to the ACAC office. The Commissioner will review the submission and determine whether the request will be granted. If approved, the institution must submit corrected game sheet(s) to the ACAC office within one week. (Added April, 2017) As referenced in Rule 1.4.4.2, the evidence required to reinstate an athlete’s eligibility must be irrefutable. In this case, no video evidence of the game in question was available. However, Ambrose has provided letters from SAIT’s Wade Kolmel (KC Athletic Director during the 2012-13 season), NAIT’s Mike Connolly (who was the KC MBB Coach during the 2012-13 season) and from current Keyano Athletic Director, Jonathan Lambert, all of whom state unequivocally that Mr. Bantaya did not play at all during the 2012-13 season and that his inclusion on the game sheet in question was an error on the part of the coaching staff. In addition, I have been provided with documentation showing that, in fact, Mr. Bantaya was in Seattle with his family dealing with their Canadian permanent residency application over the November 16, 2012 weekend. Under the circumstances, I am convinced that the evidence supporting Mr. Bantaya’s assertions is irrefutable and he is deemed not to have used eligibility in relation to the 2012-13 season. The only remaining issue relates to the $500 fee required under the new rule. In most cases, requests under this rule will be made by the same school that made the eligibility-use error. However, in this case, the application is being made by Ambrose, which had no part in the error made by Keyano. That said, Ambrose will benefit from the error being corrected in that Mr. Bantaya is now eligible to play for Ambrose. Accordingly, I am electing to split the application fee between the two schools, with Keyano bearing the majority of the fee given that it was their error that has necessitated Ambrose’s application. Keyano is responsible to pay $350 in relation to this application with Ambrose covering the balance of $150. Both amounts are to be paid to the ACAC Office forthwith. Sincerely, Bill Hendsbee |