Administrative Eligibility - MHC - Loubardeas et al

2011-12 Season

October 18, 2011

Facts:

Stephanie Loubardeas plays for the MHC Women’s Basketball team. Kelsey Konihowski and Talayna Tremblay play for the school’s Women’s Volleyball team. All three athletes attended colleges other than MHC during the 2010-11 season. In the case of Ms. Loubardeas , she played in six (6) exhibition games for MHC this season before her Universal Transfer Form (UTF) was filed with the ACAC Office. Ms. Konihowshi and Ms. Tremblay each played in eight (8) exhibition games for MHC this season before their UTF’s were filed with the ACAC Office.

Ruling:

Article I Section 5 Rule 1.5.4 of the Operating Code reads, in part, as follows:

All transferring student-athletes will be identified to the ACAC Office and will not be eligible to participate in ACAC competitions, including non-conference play, until his/her transfer status has been determined in accordance with this section.

Rule 1.5.4 requires the filing of a Universal Transfer Form.

Article I, Section 5, Rule 10.2 was revised at a recent ACAC Council meeting. It is now worded as follows:

10.2        Administrative Ineligibility
Where it has been determined that a member institution is in violation of the rules of eligibility by virtue of an administrative error that renders ineligible a student-athlete who would otherwise have been eligible, the Commissioner shall issue a fine of $500 for the first occurrence, with the fine increasing by $500 for each subsequent occurrence within the same academic year (e.g. $1,000 for a second occurrence and $1,500 for a third occurrence, etc.).

The revised wording above is retroactive to September 1, 2011.

If the transfer form had been completed in time, all three athletes would have been eligible to compete immediately thereafter. Their situations fall squarely within Rule 10.2. Accordingly, each athlete was ineligible for all games in which she participated prior to the filing of the UTF.

Rule 10.2 calls for a $500 fine for a first occurrence, with a $500 increase for each subsequent occurrence. In my opinion, the failure to file a UTF for each athlete, as required by the Operating Code, constitutes a separate occurrence. Unfortunately for MHC, they have one previous violation of Rule 10.2 this season, which means that these are its second, third and fourth occurrences pursuant to the rule. Therefore, MHC is hereby fined $4,500 ($1,000 for the second occurrence, $1,500 for the third occurrence and $2,000 for the fourth occurrence), payable forthwith to the ACAC Office.

Sincerely,

Bill Hendsbee
ACAC Commissioner

Postscript:  The fine was reduced to a one time $500 fine.