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Ohio Administrative Code (Last Updated: January 12, 2021) |
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3359 University of Akron |
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Chapter3359-48. Athletics and Academic Assistance |
3359-48-03. Athletic policy
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(A) Statement on athletics.
The mission of the department of athletics is to provide opportunities for competition in intercollegiate athletics and in doing so, to support the educational mission of the university of Akron. Competitive athletic programs can contribute significantly to the learning and development of students and all university athletic programs are designed to be in harmony with the essential educational objectives of the institution. Intercollegiate competition in organized athletics helps to foster an enthusiastic sense of shared allegiance and collegiality among students, faculty, staff, alumni, and the greater Akron community.
Academics: The student-athlete is first and foremost a student. The university of Akron is committed to being an environment of teaching and learning that fosters the development of students and the understanding that the assumption of personal responsibility is at the heart of the educational experience. All student-athletes must make a total commitment to academic integrity.
Student life: Student-athletes are integrated into the student body and thus held to the same standards of conduct as all other students. As such, each student-athlete has the responsibility to fulfill clear expectations related to academics, athletics, rules compliance, community service and citizenship.
Coaching staff: The university will maintain a coaching staff of men and women who represent the best in athletics instruction and who possess the ability to motivate and inspire the student-athletes. Coaches are primarily teachers. They share with the members of the university community the responsibility to educate, train, and assist in the formation of students entrusted to them. Coaches are expected to abide by the highest standards of personal conduct, and are expected to be role models for their student-athletes in how to pursue success with integrity.
Athletic administration: The department of athletics will endeavor to maintain a high-quality, competitive athletics program within the financial resources available and consistent with the academic mission of the university. The department strives to ensure all constituents are treated with courtesy, professionalism and hospitality whenever at an athletic venue.
Conclusion: The department of athletics vigorously works for excellence in all areas and strives for balance within its athletics programs. The university's intercollegiate athletics programs are intended to encourage in their participants a desire for excellence, respect for teammates and opponents, fair play, teamwork, leadership, perseverance, integrity and physical fitness. Athletics provides opportunities for student-athletes to understand the rewards that come from dedication to a larger purpose and to develop their personal, physical and intellectual skills. The achievements on the field, on the court, in the community and in the classroom will continue as university of Akron student-athletes, coaches and staff share in the commitment that our proud tradition be maintained. Athletics shares with the university a commitment to cultural diversity and equal opportunity for men and women, wide participation in intercollegiate athletics, and, in these and in all other respects, adheres to the principles that govern the "NCAA," "Mid-American Conference," and the university of Akron.
"Code of Ethics":
Student-athletes are expected to conduct themselves with integrity, sportsmanship, honesty, pride, and humility.
The purpose of intercollegiate athletics is to provide an opportunity for student-athletes to develop their potential as a skilled athlete in an educational setting.
The university of Akron has a highly visible and successful division I NCAA and MAC intercollegiate program. The student-athletes public exposure in the competitive arena and the media place them among the most visible groups in the university community, the city of Akron, Summit County, and the state of Ohio. What they do and the way they do it is often highlighted, placing them in a public position, which requires exemplary behavior.
University of Akron student-athletes are totally responsible for their own behavior. They are expected to obey the laws, rules, and regulations of all these "communities." If student-athletes violate these laws, they must be prepared for the penalties that may be imposed through the university student code of conduct.
A student-athletes behavior has a definite impact on the reputation of the athletic department and on the attitude that the surrounding communities have toward student-athletes in general.
The conduct of the student-athletes will be closely scrutinized as they sit in the classroom, as they compete on-campus, as they travel, and as they compete off-campus. Student-athletes will be looked upon as role models, particularly by young children, and it is important that their personal conduct be above reproach at all times.
(B) Ethical conduct.
All student-athletes shall deport themselves with honesty and sportsmanship at all times so that intercollegiate athletics as a whole, the university of Akron and they, as individuals, shall represent the honor and dignity of fair play and the generally recognized high standards associated with wholesome competitive sports.
A student-athlete who is found to have engaged in unethical conduct shall be ineligible for intercollegiate competition in all sports. Unethical conduct consists of, but is not limited to:
(1) Fraudulence in connection with entrance or placement examinations;
(2) Engaging in any athletics competition under an assumed name or with intent otherwise to deceive;
(3) Dishonesty in evading or violating NCAA regulations;
(4) Knowingly furnishing the NCAA or the individual's institution false or misleading information concerning the student's involvement in or knowledge of a violation of NCAA regulations.
(C) Complimentary tickets - varsity athletes.
University of Akron student-athletes will receive four complimentary admissions for each home contest in their respective sport. Complimentary tickets to away contests will be limited and based on availability.
Prior to each contest, the competing student-athlete must designate the names of family members, relatives or fellow students through a pass list provided by the coaching staff. Under NCAA regulations, no more than one of the four complimentary admissions available to the student-athlete may be provided to anyone other than family members, relatives, or fellow students (i.e., a "wild-card" admission). A fellow student is defined as anyone attending a four-year collegiate institution.
In addition to a student-athlete's own family members, relatives, or fellow students, specific family members or relatives of a teammate are permitted to use the student-athlete's complimentary admissions if so designated. Teammates may not utilize another student-athlete's one "wild-card" admission (that is, a person other than a family member, relative, or fellow student).
Designees of the student-athlete should report to the designated player pass gate with proper identification to gain admission. Failure by the student-athlete to sign up for complimentary tickets on the pass list prior to the contest will result in their guests having to purchase tickets.
Under no circumstances will complimentary tickets be issued to student-athletes.
(D) Agents.
An individual shall be ineligible for participation in an intercollegiate sport if he/she ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing his/her athletic ability or reputation in that sport. Further, an individual shall be ineligible for intercollegiate competition if he/she enters into a verbal or written agreement with an agent for future professional sports negotiations that are to take place after the individual has completed his/her eligibility in that sport.
Likewise, an individual shall be ineligible if he/she (or his/her relatives or friends) accepts transportation or other benefits from any person who wishes to represent the individual in the marketing of his/her athletic ability.
(E) Professional sports counseling panel.
To enable student-athletes to resolve the complexities of professional contracts and the regulation of agents, the university of Akron has formed a professional sports counseling panel. This group functions under the provisions of NCAA bylaw (12.3.4) and is intended to assist student-athletes in making decisions regarding professional contracts, provide a realistic appraisal of his/her potential for becoming a professional athlete, and regulate activity of agents and professional teams.
It is permissible for an authorized institutional professional sports counseling panel to:
(1) Review a proposed professional sports contract.
(2) Advise a student-athlete about a future professional career.
(3) Provide direction on securing a loan for the purpose of purchasing insurance against a disabling injury.
(4) Meet with the student-athlete and representatives of professional teams.
(5) Communicate directly (e.g. in-person, by mail or telephone) with representatives of professional athletics team to assist in securing a tryout with that team for the student-athlete.
(6) Assist the student-athlete in the selection of an agent by participation with the student-athlete in interviews of agents, by reviewing written information player agents send to the student-athlete and by having direct communication with those individuals who can comment about the abilities of an agent (e.g. other agents, a professional league's player association); and
(7) Visit with player agents or representatives of professional athletics teams to assist the student-athlete in determining his or her market value (e.g. potential salary, draft status).
(8) Student-athletes should consult the director of athletics office regarding the professional sports counseling panel or questions involving agents and professional contracts.
(F) Gambling activities.
Staff members of the athletics department and student-athletes shall not knowingly:
(1) Provide information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;
(2) Solicit a bet on any intercollegiate team;
(3) Accept a bet on any team representing the institution;
(4) Participate in any gambling activity that involves intercollegiate athletics through a bookmaker, a parlay card or any other method employed by organized gambling;
(5) Solicit or accept a bet on any intercollegiate competition for any item (e.g. cash, shirt, dinner) that has tangible value.
(G) Housing.
(1) On-campus: returning student-athletes will be notified by the housing office during the spring semester to pick up housing contracts in the residence hall office. Students should indicate roommate and location preference on the contract and return it to the housing office by the indicated due date. Non-scholarship housing student-athletes will need to make a specified deposit by the due date. Upperclassmen have first choice of housing location.
(2) Off-campus: student-athletes who wish to live off-campus should seek permission from their head coach prior to the last day of classes of the spring semester. The head coach will notify the athletic department administrator in charge of housing of the change.
(3) Living allowance: if the student-athlete has been awarded an athletic living allowance, he/she may pick up a check in the accounts receivable office on or after the first of each month.
(4) Residence hall fees: if the student-athlete's athletic award covers residence hall costs, the residence hall bill will be paid automatically. If the athletic award covers only part of the residence hall costs, it will be necessary for the student-athlete to pay the balance by the due date.
(H) Insurance.
The risk of injury or illness is always present whether a student is engaged in intercollegiate athletics or not. Although a diligent effort is made by the athletic department to minimize the risk of athletic injuries to students, there is always the possibility of injury through participation in a sports activity. Therefore, the university of Akron has adopted insurance policies to complement existing family plans and other available forms of insurance. University policy forbids payment for any expenses related to injury or illness which is not sustained as a result of authorized athletic pursuits. The university of Akron insurance policy is as follows:
(1) A university of Akron student-athlete is covered under the athletic department's sponsored accidental medical insurance program which provides benefits in the event of an accidental injury during an intercollegiate, organized sports activity.
(2) The university of Akron intercollegiate athletic insurance coverage is considered secondary. A claim cannot be submitted under the university of Akron's policy until all other valid and collectible group medical insurance policies (such as parental insurance coverage through the parent's personal or place of employment under which the student-athlete is insured as an eligible dependent) has been resolved. All bills received from providers of service (doctor, hospitals) that relate to an injury must be submitted to the student's or his/her parent's insurance company first.
(3) In the event a balance remains after the insurance company has made full payment, the bill must be submitted with the remaining balance and copies of any insurance company payments to the athletic business office. In the case of bills denied (or partially denied) by the student's or his/her parent's insurance carrier, send the insurance letter of denial along with the itemized bills to the athletic business office within ninety days of when service was provided to prevent the claim's referral to a collection service.
(4) All student-athletes must complete the insurance information form. This form provides the necessary information to secure secondary coverage. Student-athletes may not practice or compete until the insurance information form is completed.
(5) The university of Akron cannot pay for injuries that are not a sports specific injury. The university does not pay for accidents and/or illnesses not related to athletics. The university is not liable for injuries (athletic or otherwise) which occur during unsupervised, unprogrammed hours, whether this occurs on or off campus.
(6) Processing insurance claims.
(a) Student must submit insurance claims to his/her own insurance company immediately upon receipt of bills from the doctor, hospital, or any other provider of service.
(b) If student has no personal, family, or work related insurance, or if his/her insurance does not cover the entire claim, the claim and all pertinent invoices should be sent along with a letter of denial to the athletic business office.
(c) The balance of the claim will be submitted to the athletic insurance carrier for payment. Submit all unpaid or denied claims to the business office within ninety days of service.
(I) Eligibility for competition.
(1) Eligibility for competition subsequent to the student-athlete's first academic year in residence or after the student-athlete has utilized one season of eligibility in any sport at the certifying institution shall be determined by the student-athlete's academic record in existence at the beginning of the fall term of the regular academic year, based upon:
(a) Satisfactory progress prior to each fall term of a cumulative total of academic semester hours equivalent to an average of at least twelve semester hours during each of the previous academic terms in academic years in which the student-athlete has been enrolled in a term or terms; or
(b) Satisfactory completion of twenty-four semester hours of academic credit since the beginning of the previous fall term, seventy-five per cent of the hours must be completed before the summer semester. A maximum of six hours may be used for satisfactory progress during the summer semester.
(2) Terms under which eligibility is to be continued:
(a) A student-athlete shall not participate in intercollegiate athletic competition unless the student-athlete has achieved the following minimum accumulative grade-point average, based on the maximum 4.0:
(i) During each term of the first year of enrollment: 1.800
(ii) During each term of the second year of enrollment: 1.800
(iii) During each term of the third year of enrollment: 2.000
(iv) During each term of the fourth year of enrollment: 2.000
(v) During each term of the fifth year of enrollment: 2.000
(3) At least twelve semester hours of credit must be scheduled and attempted during the season of competition and/or practice. A senior student-athlete in their last semester of coursework need only complete those hours necessary to earn that particular degree regardless if the number is less than twelve.
(4) A minimum of twenty-four semester hours must be earned during the freshman year; seventy-five per cent or eighteen hours must be completed prior to the summer term. Only six hours may be taken during summer sessions to meet the satisfactory progress requirement to maintain eligibility and athletic financial aid. By the end of the sophomore year (maximum of six credit hours in summer sessions), a student-athlete must earn a minimum of forty-eight semester hours to maintain eligibility and financial aid. At the end of the junior year, the total of new completed hours must total seventy-two earned hours. If a student-athlete returns for a fifth year, a minimum of ninety-six semester hours must be earned. A student-athlete completing eligibility as a graduate student must meet full-time graduate enrollment.
(5) A minimum grade-point average must be maintained for enrollment (see scale above). After four semesters, a student-athlete must maintain a minimum 2.00 grade-point average.
(J) Freshmen eligibility.
(1) To be eligible to receive an athletic grant-in-aid, practice, and compete, all freshmen at the university of Akron must be determined a qualifier by the NCAA clearinghouse pertaining to NCAA bylaw ( 14.3 ). These requirements include:
(a) A minimum of thirteen core courses with at least four years of English, two years of math at the level of algebra I or higher, two years of natural or physical science (including one laboratory course), two years of social science, one additional year of courses in English, math or natural or physical science and two additional years designated courses.
(b) The record of the above courses and course grades must be certified by the initial-eligibility clearinghouse using an official high school transcript or official correspondence forwarded directly from the high school or upon a high-school transcript forwarded by an institutions admissions office, and
(2) A minimum combined score on the SAT verbal and math sections or a minimum sum score on the ACT as specified in bylaw 14.3.1.1.1. The required SAT or ACT score must be achieved under national testing conditions on a national testing date (i.e. no residual campus testing or regional testing dates).
(3) Foreign students must meet the NCAA initial eligibility requirements established for their respective country's school system. Reference the NCAA guide to "International Academic Standards for Athletic Eligibility."
(K) Freshmen ineligibility.
A freshman that does not meet the requirements of NCAA bylaw (14.3) is ineligible to practice or compete for one academic year (fall/spring semesters). The student must be in residence that one academic year and pass twenty-four hours of semester coursework (no duplicate credit) and achieve at least an overall 1.80 grade-point average.
(L) Financial Aid.
"Financial aid" is funds provided to student-athletes from various sources to pay or assist in paying their cost of education at the institution. Financial aid includes all institutional financial and permissible non-instructional aid as listed below:
(1) All funds administered by the institution (e.g., scholarships, grants, loans, work-study program assistance, on-campus employment, and tuition waivers).
(2) Aid from government or private sources for which the institution is responsible for selecting the recipient or determining the amount of aid, or providing matching or supplementary funds for a previously determined recipient.
(3) Off-campus employment earnings and other sources of aid during the academic year.
(4) For the student-athlete recruited by the institution, financial aid awarded through an established and continuing outside program (e.g., national football foundation) for the recognition of outstanding high school graduates in which athletics participation may be a major criterion. This aid counts against an institution's sport-by-sport financial aid limitations and also against the individual's full grant-in-aid limit.
(5) Financial aid received from anyone upon whom the student-athlete is naturally or legally dependent.
(6) Financial aid awarded solely on basis having no relationship to athletic ability.
(7) Financial aid awarded through an established and continuing outside program (e.g., national merit scholar) in which athletics participation is not the major criterion, and which does not count against an institution's sport-by-sport financial aid limitations, but which counts against the recruited student-athlete's full grant-in-aid limit.
(8) For the student-athlete not recruited by the institution, financial aid awarded through an established and continuing outside program (e.g., national football foundation) for the recognition of outstanding high school graduates, in which athletics participation may be a major criterion. This aid does not count against an institution's sport-by-sport financial aid limitations but does count against the individual's full grant-in-aid limit.
(9) When considering an institutional athletics grant-in-aid, all of the above sources of income for any individual student-athlete are considered. A student-athlete's entire financial aid package cannot exceed the institution's established cost of attendance for tuition, fees, room, board, and books. It is not permissible to exceed this established cost.
(M) Exempted financial aid.
The following institutional financial aid is exempt and is not counted in determining a student-athlete's full grant-in-aid or in the institution's financial aid limitations:
(1) An honorary award for outstanding academic achievement or an established institutional research.
(2) Legitimate loans, based on a regular repayment schedule, available to all students and administered on the same basis for all students.
(3) Government grants for educational purposes such as Pell grants benefits received under the G.I. Bill of Rights, military reserve training program, special United States government entitlement programs and state government awards to disabled veterans.
(N) Tuition and fees.
Any student-athlete who receives athletic financial aid to pay for coursework must sign and return the copy of the scholarship award proposal to the financial aid office. Financial aid which the student-athlete has accepted and which can be used to pay for classes will be subtracted from the amount of his/her fee invoice.
(1) If tuition is fully paid by an athletic scholarship, the student-athlete will receive a copy of the paid fee invoice along with a validation sticker. Athletic aid cannot be used to pay for parking, change fees, or late fees.
(2) If tuition is partially paid by an athletic scholarship, the student-athlete must return the invoice to the cashier along with payment for the balance due by the due date.
(3) Any time a registration change is made, the student-athlete must request a new fee invoice in order for his/her available financial aid to be directly applied to the new fees.
(O) Employment.
(1) A student-athlete may receive earnings from legitimate on- or off-campus employment during semester or term time in combination with other financial aid included in the student-athlete's individual financial aid limit up to the value of a full grant plus two thousand dollars provided:
(a) The student-athlete has spent one academic year in residence at the certifying institution: and
(b) The student-athlete is eligible academically to compete for the institution.
(2) Prior to the commencement of employment, the student-athlete and the employer must sign a written statement to be kept on file in the athletics department, which specifies the following:
(a) The student-athlete's compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of publicity, reputation, fame or personal following that he or she has obtained because of athletics ability:
(b) The student-athlete is to be compensated only for work actually performed: and
(c) The student-athlete is to be compensated with the going rate in that locality for similar services.
(3) A student-athlete who is not receiving institutional financial aid may earn legitimate income in excess of a full grant-in-aid, provided neither members of the athletics department nor representatives of the institution's athletics interests are involved in arranging the employment.
(4) A student-athlete receiving financial aid under this paragraph may obtain a job within seven days prior to the beginning of the institution's Christmas vacation period, provided it is a prerequisite to securing the employment. The income so derived from the additional week's employment need not be computed in determining the student's maximum allowable financial aid. However, any earnings for work performed after the first day of classes shall be countable.
(P) Renewals and nonrenewal of athletic scholarship.
(1) Athletic grant-in-aid allocations are awarded on a yearly basis. The renewal of institutional financial aid based on any degree of athletic ability shall be made on or before July first prior to the academic year in which it is to be effective. The institution shall promptly notify in writing each student-athlete who received an award the previous academic year and who has eligibility remaining in the sport in which financial aid was awarded the previous academic year whether the grant has been renewed or not renewed for the ensuing academic year. Notification of financial aid renewals and non-renewals must come from the institution's regular financial aid authority and not from the institution's athletic department.
(2) If the institution decides not to renew or decides to reduce financial aid for the ensuing academic year, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing before the institutional agency making the award. The institution shall have established reasonable procedures for promptly hearing such a request and shall not delegate the responsibility for conducting a nonrenewal hearing to the university's athletics department or its faculty athletics committee. The decision to renew or not renew the financial aid is left to the discretion of the institution, to be determined in accordance with its normal practices for student generally.
(3) Institutional financial aid based in any degree on athletics ability may not be increased, decreased, or canceled during the period of its award:
(a) On the basis of the student's athletics ability, performance or contribution to a team's successes; or
(b) Because of an injury that prevents the recipient from participating in athletics; or
(c) For any other athletics reason.
(Q) Summer financial aid.
An athletic grant-in-aid for summer school shall be determined by the athletic department on a yearly basis. Summer aid is not guaranteed. Approval of aid is at the discretion of each head coach and dollars allocated from the athletic department. The procedures are as follows:
(1) To be eligible for summer financial aid, the student-athlete shall be receiving an athletic grant-in-aid for the current academic year. The aid received during the summer cannot exceed the scholarship equivalency received during the regular school year.
(2) Coaches will be notified of summer school budget by February of each academic year. Head coaches shall notify student-athletes of summer school availability, requirements and deadline for requests.
(3) A summer grant-in-aid award shall fund tuition only. This shall not include books or living allowance, these expenses are the student's responsibility.
(4) Head coaches are required to provide a list of summer school recipients by April of each academic year to the athletic department.
(5) Student-athletes shall receive written notification of a summer grant-in-aid award by the financial aid office.
(6) Student-athletes may not receive summer scholarship dollars to repeat a course that was withdrawn or received an "F" because of lack of attendance.
(7) Any student-athlete receiving a summer grant-in-aid award that receives an "F" or withdraws after the refund period shall be required to reimburse the athletic department.
(8) Any reduction or cancellation of aid is permissible only if such action is taken for proper cause by the regular disciplinary or financial aid authorities of the institution and the student-athlete has been provided written notice of an opportunity for a hearing.
(R) Financial aid grievance procedure.
(1) Student-athletes will be notified in writing of reduction or cancellation of athletic financial aid. Upon receipt of this notification instructions will be provided regarding the process required to schedule a financial aid hearing.
(a) The athletic scholarship hearing board shall be comprised of the director of student financial aid, who shall serve as chair of the committee, and two other voting members as appointed by the vice president for student affairs.
(b) The board shall convene to hold hearings relative to the reduction or cancellation of athletic financial aid.
(c) Athletes who have received notification of reduction or cancellation of aid and who wish to use the appeal procedure shall give written notice to the director of student financial aid of their request for a hearing.
(d) The director of student financial aid shall schedule the hearing and shall send the athlete notice of same. Such notice shall include the date, time, and location of the hearing.
(e) A written list of witnesses and their relevance must be given to the chair of the board at least one day prior to the hearing. Also, if the representative of the athletic department or the student-athlete intends to have an advisor present, that individual must be identified in writing one day prior to the hearing.
(f) The hearing shall be conducted as follows:
(i) A representative of the athletic department shall appear first and provide a rationale for the reduction or cancellation of the athletic grant-in-aid. The presentation shall be in the presence of the student-athlete.
(a) The presentation shall be made by the coach if possible. An advisor may be present, but can only participate in an advisory capacity. If the coach cannot present the case, the name of the replacement should be submitted to the chair of the board with an explanation of why the coach could not present the case.
(b) The department of athletics may present witnesses in support of its case or, with the approval of the chair of the board, written statements may be submitted. The testimony of witnesses may be by question and answer or by narrative.
(c) At the completion of testimony by each witness, members of the board may ask questions. The student-athlete may also ask questions, but the questions must be directed through the chair of the hearing board.
(ii) After the athletic department has presented its case, the student-athlete shall put forward his/her case.
(a) The athlete has the right to representation in an advisory capacity and the right to produce evidence.
(b) The student-athlete may choose to have an open hearing. If so chosen, the student-athlete must request the open hearing in writing at least one day prior to the scheduled hearing. If no request is made to the director of student financial aid, the hearing will be closed.
(c) The student-athlete may introduce written statements, produce witnesses, and/or testify personally. A list of witnesses and their relevance must be presented to the chair of the board at least one working day prior to the hearings.
(d) Testimony of the witnesses may be by question and answer or by narrative. Written statements may be submitted.
(e) After the student-athlete has finished presenting each witness, members of the hearing board may question that witness and/or the student-athlete.
(f) The representative of the athletic department may also ask questions of the witness and/or the student-athlete, but the questions must be directed through the chair of the board.
(iii) The chair of the board shall have the right to exclude evidence if determined to be irrelevant to the issue at hand or merely cumulative. The number of witnesses may be restricted if it appears that participation is irrelevant or merely cumulative.
(g) After testimony, the hearing board shall render a decision. The decision shall be final.