Sun Devil Athletics Manual (SDA)



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Effective:07/01/2020

Revised:              

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SDA 111: Transfer Hearing

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Purpose

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To provide guidelines relating to and the process governing a student-athlete’s appeal of a Sun Devil Athletics transfer-related decision as required under NCAA and Pac-12 Conference legislation.

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Source

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National Collegiate Athletic Association (NCAA) 

Sun Devil Athletics (SDA)

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Applicability

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Athletics coaches and staff, and student-athletes

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Policy

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  1. Hearings – If NCAA or Pac-12 legislation requires a hearing to review a transfer-related decision (i.e., use of the one-time transfer exception or a waiver or partial waiver of the Pac-12 intra-conference transfer rule), the student-athlete must make the request for a hearing in writing to the Compliance Office.

  2. Deadline for a hearing request – The student-athlete must make the hearing request within 15 business days after the Compliance Office sends notification to the student-athlete of the decision and his or her right to a hearing to review the decision. Upon receipt of the hearing request, the Compliance Office will promptly notify the Faculty Athletics Representative (FAR) and the relevant coach and sport administrator.

  3. Hearing scheduling and notice – The FAR will schedule the hearing to occur within 15 business days of the written request to the Compliance Office. The FAR will send the student-athlete and the coach and sport administrator a written notice containing (1) the date, time, and place of the hearing and (2) the deadline for producing any written documentation that will be introduced at the hearing. 

  4. Production of documents – Documentation related to the hearing submitted by the student-athlete and/or SDA must be provided to the FAR at least three days before the scheduled hearing. The FAR will provide all hearing documentation at least three days before the scheduled hearing. If circumstances warrant (e.g., meeting is scheduled in less than three days’ notice), the FAR may waive this requirement.

  5. Members of transfer hearing committee – The committee will include three voting members:
    1. The FAR (who will organize and conduct the hearing),
    2. A student-athlete who is a member of the Student-Athlete Advisory Committee, and
    3. A faculty member, selected by the FAR.

  6. Hearing attendees – In addition to the committee members, the following individuals may attend the hearing:
    1. The student-athlete, and his or her parents or legal guardian(s) – The student-athlete’s parents or legal guardian(s) will not be permitted to address the committee directly, except as the FAR deems necessary or appropriate.,
    2. Representatives of SDA – SDA may have up to two representatives attend the hearing.
    3. Other individuals – The FAR, at his or her discretion, may request for additional individuals to be present at the hearing.

  7. Hearing format
    1. Hearings will be in person unless the student-athlete requests otherwise or there are other circumstances that make an in-person hearing impracticable. If a hearing is in writing, the FAR will provide all parties the format of the hearing and any rules of procedure.
    2. At the hearing, the FAR will introduce the parties and summarize the format of the hearing and any rules of procedure.
    3. To ensure a decision is reached in a timely manner, the FAR may limit the length of presentations.
    4. Parties will present their positions; first the student-athlete, then representatives of SDA.
    5. The committee will have the opportunity to ask questions of either party.
    6. Each party, if desired, will make a concluding remark or closing argument; first the student-athlete, then the representatives of SDA.
    7. Following the hearing, the committee will meet privately to deliberate and come to a decision. The decision shall be based on a majority vote of the three voting members of the committee.

  8. Procedural issues – The FAR has the final authority to resolve procedural disputes that arise.  Although formal rules of evidence do not apply to the hearing process, the FAR may limit the presentation of irrelevant or cumulative evidence, and the length of each party’s presentation. All procedural decisions of the FAR are final. 

  9. Record – The hearing will be recorded by the university.  The record shall be the property of the university and kept with the FAR. 

  10. Decision-making criteria – The transfer hearing committee may modify an SDA transfer-related decision only in cases where the student-athlete demonstrates, by a preponderance of the evidence, egregious or similarly compelling circumstances outside of the student-athlete’s control that directly impact the student-athlete’s health, safety, or well-being. Transfer requests based on athletics reasons (e.g., concerns over playing time) will be denied. Examples of circumstances that would support modifying a decision under this standard include the following, if proved by a preponderance of the evidence:
    1. Egregious behavior by a staff member or student at ASU (e.g., hazing, bullying, or other similar types of abuse),
    2. Financial hardship within the student-athlete's family (e.g., bankruptcy, layoff, illness-related) where the hardship has a direct link to the student-athlete’s need for the transfer (e.g., student-athlete must transfer to work and support the family),
    3. Medically documented debilitating injuries or illnesses to a member of the student-athlete’s family where the student-athlete provides evidence showing that he/she will provide ongoing, caregiving responsibilities and will attend an institution within the vicinity of the family member,
    4. Death of an immediate family member necessitates the transfer.

  11. Allegations of NCAA violations as rationale for the transfer – The SDA Compliance Office has sole authority to review allegations of NCAA or Pac-12 legislation when they are presented as mitigating circumstances at transfer hearings.
    1. If a student-athlete presents allegations of violations for the first time at the hearing, the FAR will suspend the hearing and refer the matter to the Compliance Office for a review and determination relating to the alleged violations.
    2. If the Compliance Office determines that a violation occurred, information regarding the violation and findings associated therewith may be presented by the student-athlete to the committee to determine whether they, alone or in combination with other circumstances, meet the decision standard set forth in Number 10 above.

  12. Default approvals for hearing requests – A failure by SDA to respond to a transfer-related request within the time limits required under NCAA legislation may result in automatic support of the student-athlete's request.
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  14. Communication of the decision –
    1. Once the decision has been reached, the FAR will notify all parties in person or via telephone.
    2. Under NCAA rules, within 15 business days of the student-athlete’s original written hearing request, the FAR will provide a formal decision via email to the student-athlete, representatives of SDA, the Compliance Office, and the Vice President for University Athletics.
    3. If the student-athlete prevails at the hearing, the Compliance Office will provide the student-athlete, and if applicable, the student-athlete's next institution, with documentation related to an updated decision.
     
  15. Confidentiality and finality – All documentation, testimony, and committee deliberations must remain confidential. The committee’s decision is final, and there are no further avenues of appeal.

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