Eligibility - STMU Basketball - Josh Daniel
( Eligibility Ruling )

2013-14 Season

April 21, 2014

Addendum

This ruling is an addendum to my initial ruling of February 7, 2014.

I have subsequently been advised by STMU that their investigation into this matter has revealed that Mr. Daniel committed an academic infraction, which will be reflected on his academic record. As a result, STMU advises that Mr. Daniel will be ineligible to return to STMU until the Winter Term of the 2015-2016 academic year (January, 2016).

The purpose of this ruling is to advise that the ACAC will honor the terms of the STMU academic suspension such that Mr. Daniel is hereby ineligible to compete in the ACAC until January of 2016. I will also be sending this ruling to the CCAA to ask that its terms be honored by all CCAA schools.

Sincerely,

Bill Hendsbee 
ACAC Commissioner

February 7, 2014

Facts:

Chris Shoults of St. Mary’s University College has self-reported a violation involving Josh Daniel of the Men’s Basketball team.

Mr. Daniel was a member of the STMU Basketball team during the 2012-13 season. His final grades following the conclusion of the academic year rendered him ineligible to compete during the 2013-14 season. As per the ACAC Operating Code, Mr. Daniel chose to take two courses over the summer through Athabasca University. Successful completion of those two courses by August 31 would have made Mr. Daniel eligible to compete during the 2013-14 season.

On September 20, 2013 Mr. Daniel provided the STMU Assistant Registrar with an Athabasca University transcript indicating that the two courses Mr. Daniel took over the summer had been successfully completed, with the result that he had ostensibly completed 18 credit hours by August 31, rendering him academically eligible to compete during the 2013-14 season. Mr. Daniel subsequently participated in a number of games during the Fall semester, including 5 STMU victories.

On September 24, 2013 the STMU Assistant Registrar requested an official transcript from Athabasca University in relation to the two courses Mr. Daniel took over the summer. Unfortunately, the Assistant Registrar had an outstanding library fine with Athabasca University and, as a result, receipt of the transcript was delayed until January 20, 2014. In the interim, Mr. Daniel’s Fall grades made him ineligible to compete during the Winter semester.

The official transcript received from Athabasca University on January 20, 2014 differed from the transcript provided to STMU by Mr. Daniel on September 20, 2013. The official transcript indicated that Mr. Daniel had not successfully completed the two courses in question; in fact, he had withdrawn from both courses on November 19, 2013. I am advised that Athabasca is currently conducting an internal investigation into this matter.

I was able to speak at length with Bob Hann, STMU’s Vice President of Student Services. Mr Hann confirmed the following:

  1. The transcript provided by Mr. Daniel was an APAS transcript. Mr. Daniel advised that the transcript had been mailed to him by Athabasca University. According to Mr. Hann, it is unusual for a student to have directly received an APAS transcript and that most students would not even know that such a transcript even existed. 
  2. Upon receipt of Mr. Daniel’s official transcript from Athabasca University, STMU confirmed that Mr. Daniel had withdrawn from the two courses in question without completing them. During a conversation with STMU officials, Mr. Daniel affirmed that he had withdrawn from the two courses though he had previously told STMU officials that he had successfully completed both courses. 
  3. Currently, both STMU and Athabasca are conducting internal investigations into this matter. As of yet, Mr. Hann has not met with Mr. Daniel though he is attempting to arrange a meeting within the near future. 
  4. STMU states that it is unable to provide me with copies of the two transcripts in question due to FOIP concerns. However, Mr. Hann suggests that he is unable to detect signs of forgery in comparing the two transcripts. He did note that the instructor for each course was the same individual and that the transcript provided by Mr. Daniel may have represented interim grades identified as final grades though it is not proper for a transcript to contain anything other than final grades. 
  5. Mr. Hann confirmed that it is STMU policy to request official transcripts in situations such as this, to confirm the student-athlete’s completion of the courses in question, which is consistent with the STMU Assistant Registrar’s September 24, 2013 request to Athabasca University for Mr. Daniel’s official transcript.

Ruling:

It is clear that STMU inadvertently used an ineligible player during a number of games during the Fall semester, including the following STMU victories: 

  • October 18, 2013 vs. Olds College 
  • October 19, 2013 vs. Olds College 
  • October 26, 2013 vs. MacEwan University 
  • November 9, 2013 vs. SAIT 
  • November 16, 2013 vs. Keyano College

Accordingly, Article I Section 5 Rule 10.1 applies to these circumstances:

10.1. Use of an Ineligible Student-Athlete 
Where it has been determined that a member institution is in violation of the rules of eligibility and has used an ineligible student-athlete, other than as identified in Article 10.2, the Commissioner shall exercise his or her discretion to determine an appropriate sanction. (Amended October, 2011)

There is no suggestion that STMU did not act in good faith. Unfortunately, in relying on the transcript provided by Mr. Daniel rather than waiting until receipt of the official transcript from Athabasca University before allowing Mr. Daniel to compete, STMU inadvertently allowed an ineligible student-athlete to compete in a number of ACAC matches, including the five STMU victories referenced above.

While I am sympathetic to STMU relying on the transcript provided by Mr. Daniel, they did not comply with their internal college policy of obtaining an official transcript from the academic institute in question before allowing Mr. Daniel to compete for STMU. Under the circumstances, by failing to wait for official confirmation of Mr. Daniel’s academic status from Athabasca University before allowing Mr. Daniel to compete, STMU was not exercising proper governance of its athletic program.

In keeping with previous decisions involving the use of an ineligible athlete, it is my ruling that STMU shall forfeit the results of all five (5) matches listed above and I hereby direct the ACAC Office to revise the results of those matches. Taking into account the good faith actions of STMU and the self-reporting of this transgression, no fine will be issued in this case.

As for Mr. Daniel personally, I will await the results of Mr. Hann’s discussion with him as well as any reports arising from the internal investigations being conducted by STMU and Athabasca University before ruling on possible further sanctions against him. Depending on the results of those investigations, further submissions and/or documentation may be required prior to ruling on that issue.

Sincerely,

Bill Hendsbee 
ACAC Commissioner