Daily Compliance Item- 12.2.15- 15.5.6.3.5- Midyear Replacement Aid

Wish Bone is a football student-athlete at Ocean State University (OSU). Wish is in his final season of eligibility and will graduate this December. OSU is currently awarding all 85 scholarships (including Wish’s), but they have an incoming freshman enrolling in January to whom they would like to provide athletic aid.

Is it possible for OSU to provide a scholarship to this incoming freshman in January?

Yes with conditions. NCAA Bylaw 15.5.6.3.5 states that a counter who graduates at midyear or who graduates during the previous academic year (including summer) may be replaced by an initial counter, who shall be counted against the initial limit either for the year in which the aid is awarded (if the institution’s annual limit has not been reached) or for the following academic year, or by a student-athlete who was an initial counter in a previous academic year and is returning to the institution after time spent on active duty in the armed services or on an official religious mission. In bowl subdivision football, an institution may use the midyear replacement exception only if it previously has provided financial aid during that academic year to the maximum number of overall counters (85 total counters). In championship subdivision football, an institution may use the midyear replacement exception only if it previously has provided financial aid during that academic year that equals the maximum number of overall equivalencies or overall counters. (Revised: 4/20/99 effective 8/1/99, 6/8/99, 4/26/01 effective 8/1/01, 8/2/05, 12/15/06, 1/14/08 effective 8/1/08, 4/2/10, 1/15/11)

Does the answer remain the same if Wish continues to receive athletic aid in the spring as a graduate student?

Yes. NCAA Staff Interpretation- 7/1/11- Midyear Replacement — Replaced Student-Athlete Remains Enrolled and Continues to Receive Athletics Aid (I)- states that a counter who is replaced at midyear pursuant to the midyear replacement legislation may remain enrolled at the same institution as a graduate student (or as an undergraduate student seeking a second baccalaureate degree) and may continue to receive athletically related financial aid.
[References: NCAA Bylaws 15.5.2.3 (midyear replacement – women’s volleyball) and 15.5.6.3.5 (midyear replacement) and staff interpretation (3/22/90, Item No 6), which has been archived]

Jennifer M. Condaras
Associate Commissioner
BIG EAST Conference

The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The BIG EAST Conference, JumpForward, or the Collegiate Sports Group of Bond, Schoeneck, and King. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.

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