Cover Three, a football student-athlete at Ocean State University (OSU), would like to transfer to Bay State College in the fall. OSU denied Cover’s request for permission to contact. The director of compliance informed Cover of this in a phone conversation within three business days of the request and informed him of his opportunity for an appeal hearing.
Is there a violation in the above fact pattern?
Yes. NCAA Bylaw 126.96.36.199.1 states that if the institution decides to deny a student-athlete’s request to permit any other institution to contact the student-athlete about transferring, the institution shall inform the student-athlete in writingthat he or she, upon request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and non-athletics faculty/staff members). The institution shall conduct the hearing and provide written results of the hearing to the student-athlete within 15 business days (see Bylaw 13.02.1) of receipt of the student-athlete’s written request for a hearing. The student-athlete shall be provided the opportunity to actively participate (e.g., in person, via telephone) in the hearing. If the institution fails to conduct the hearing or provide the written results to the student-athlete within 15 business days, permission to contact the student-athlete shall be granted by default and the institution shall provide written permission to the student-athlete.
This is an actual secondary infractions case on LSDBi.