Eligibility-Use Error-AMB Basketball-Bantaya |
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Eligibility Ruling
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2017-18 SeasonJuly 16, 2017Facts: During the 2012-13 ACAC season, Carl Bantaya was a red shirt member of the Keyano College Men’s Basketball team. 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. 1.4.4.2. Correcting an Eligibility-Use Error Institutions requesting a correction to eligibility records due to an eligibility-use error must submit a request to the Commissioner and adhere to the following requirements. (i.e. erroneously leaving a non-participating student-athlete’s name on a game sheet). (Added April, 2017) 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. Sincerely, |