Eligibility-CUE Basketball-Romanalyn |
(
Eligibility Ruling
) |
2017-18 SeasonJuly 17, 2017Facts: Romanalyn Inocencio played three (3) seasons of basketball in the United States, transferring from the University of Maine at Fort Kent to Lakeland College, where she played during the Fall semester of the 2016-17 season, successfully completing nine (9) credit hours. She did not return to school for the Winter semester although she was academically eligible to do so. Ms. Inocencio has now transferred to CUE, which seeks a ruling that Ms. Inocencio is immediately eligible to compete within the ACAC. Ruling: The relevant provisions of Article I Section 5 of the ACAC Operating Code state as follows: 1.6. Transfers 1.6.1. Transferring Between ACAC and/or CCAA Member Institutions 1.6.1.1. A student-athlete who for the first time in their post-secondary career, transfers from one CCAA institution to another CCAA institution, is eligible to complete immediately, provided that all other eligibility criteria are met, including being academically eligible to compete in the subsequent semester at the previous institution they attended. That is, s/he is NOT required to sit-out one (1) year (365 days) from the date of their last league/playoff game participation. (Amended August, 2014/April, 2017) 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) 1.6.2. Transferring to an ACAC/CCAA institution from a post-secondary institution outside CCAA 1.6.2.1. A student-athlete who transfers to a CCAA institution from a post-secondary institution outside the CCAA/ACAC in the same sport, provided that all other eligibility criteria are met, is eligible to compete immediately. That is, s/he is NOT required to sit-out one (1) year (365 days) from the date of their last league/playoff game participation. (added September 2015) The issue to be determined is whether Ms. Inocencio’s transfer from Lakeland to CUE represents her first (“free”) transfer or whether her transfer into the ACAC represented her “free” transfer, thus necessitating her to sit out for one (1) year as per Rule 1.6.1.2 above. A plain reading of Rules 1.6.1.1, 1.6.1.2 and 1.6.2.1 reveals that all three rules purport to deal only with transfers from one CCAA institution to another, in the same sport. In determining whether CUE’s request should be granted, the effect of Ms. Inocencio’s transfer into the ACAC from the USCAA must be considered. While transfers into the ACAC are not specifically addressed by the relevant rules, I have been provided with a copy of the 2013-14 CCAA Workbook, which dealt directly with the issue of athletes transferring into CCAA institutions. A motion was passed at the 2014 CCAA AGM in Banff which confirmed that an athlete’s transfer into the CCAA would count as her “free” transfer and that any subsequent transfers within the CCAA would constitute a second transfer, which would trigger the requirement for the athlete to sit out for one (1) year. The rationale behind that motion was stated as follows: When a Student‐Athlete Transfers into the CCAA, it is conceivable that this decision is made for Academic and/or Athletic reasons. It is less conceivable that should they choose to transfer once again within the CCAA that this transfer is for Academic reasons. Considering this, we believe that by counting their transfer into the CCAA from a Post‐Secondary Institution outside of the CCAA, it would further reinforce the spirit of the CCAA Transfer Rules. While it appears from the CCAA Workbook that the CCAA Eligibility Committee and the CCAA AGM delegates clearly intended transfers into the CCAA to count as an athlete’s “free” transfer, that intention was not reflected in any way within the ACAC Operating Code, which is the primary frame of reference for our institutions and for our athletes. My reading of the relevant ACAC rules reveals no intention on the part of the Conference to count transfers into the ACAC in determining whether an athlete is required to sit out. In fact, as I have stated above, each of the above rules specifically states that it deals only with transfers within the CCAA. Taking into account the ACAC’s principle of encouraging inclusiveness of student participation in athletic opportunities, I find that the relevant sections of the ACAC Operating Code, duplicated from the CCAA Operating Code to preserve consistency, do not apply to transfers into the Conference. As such, Ms. Inocencio’s transfer from Lakeland to CUE represents her “free” transfer pursuant to Rule 1.6.1.2 and she is therefore immediately eligible to compete for CUE provided that she meets all other eligibility requirements. If it is the ACAC Council’s intention for these rules to be interpreted in accordance with the rationale expressed by the CCAA in 2014 then I suggest that an application be made to the CCAA to have the eligibility rules of both the ACAC and CCAA Operating Codes be amended to more clearly align with the intentions of the CCAA in relation to the 2014 amended transfer rule. Sincerely, |