Eligibility: Medicine Hat College Basketball-Burgess

2018-19 Season

January 23, 2019 

Facts:

MHC has self-reported an eligibility issue involving Men’s Basketball player Kieron Burgess.

Mr. Burgess played in a Non-Conference tournament in Idaho from November 29- December 1, 2019 when he was ineligible based on Conference rules. During the tournament in question, Mr. Burgess played 3 games, all MHC losses. Of note, the tournament took place following the conclusion of the Fall portion of the ACAC schedule.

Mr. Burgess was a member of the MHC team during the 2017-18 season. After participating in two games during the Fall of 2017, Mr. Burgess injured his ankle and did not play in any further games. Following the Fall 2017 semester, Mr. Burges was academically ineligible and did not return to school. As per ACAC Article I Section 5 Rule 1.1.5.4, Mr. Burgess would have been eligible to participate at the beginning of the current semester, after having not participated during the previous 12 months.

Before the Idaho tournament, MHC contacted the ACAC Office to discuss whether Mr. Burgess was able to participate during the period of time between the end of the Fall semester and the beginning of the Winter semester, given that he had been attending MHC during the Fall semester, was on track to pass all of his courses and was registered in a full-time course load for the Winter 2019 semester. MHC did not provide the specific dates of the tournament in question, which resulted in a mutual misunderstanding about the eligibility of Mr. Burgess to begin participating.

Based on discussions with the ACAC Office, MHC felt that Mr. Burgess was eligible to participate in the Idaho tournament. Unfortunately, that belief was mistaken.

Ruling:

Following discussions with the ACAC Office, MHC mistakenly relied on Rule 3.3, which states that “in the case of a student-athlete who registers as a student after December 15 and begins classes by January 15, the student may be eligible to play (after December 15)….”

For obvious reasons, Rule 3.3 does not apply to Mr. Burgess and, even if it did, the tournament in question took place well before December 15.

It is clear that the discussion between MHC and the ACAC Office was informal and the advice provided to MHC was based on incomplete information being provided by MHC, which resulted in an inaccurate advice being provided to MHC.

Ultimately, the responsibility for ensuring that student-athletes do not compete while ineligible rests with the institution, which is expected to have a working understanding of the ACAC Operating Code. In discussions with the ACAC Office, all relevant facts should be disclosed and should there be any doubt regarding an athlete’s eligibility, our members are encouraged to seek a formal ruling.

It is appreciated by both the Commissioner and our member institutions that the ACAC Office is able and willing to provide advice on eligibility issues on a timelier basis than I am able to and this process should be encouraged in appropriate circumstances. However, in doing so, the ACAC Office should ensure that it is in possession of all pertinent facts before providing such advice.

Although the Operating Code allows for harsh sanctions for the use of an ineligible player, under the circumstances, I have chosen to issue only a warning to MHC that, in future, it must be more diligent in applying the Operating Code properly or, if in doubt, to seek a formal eligibility ruling.

Sincerely,

Bill Hendsbee 
ACAC Commissioner