Eligibility - NAIT Basketball - Olivier-Job |
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Eligibility Ruling
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2014-15 SeasonJune 22, 2014
Facts: NAIT seeks a ruling that Stephen Olivier-Job is immediately eligible to compete for the NAIT Men’s Basketball team during the 2014-15 season. Mr. Olivier-Job’s ACAC background is as follows:
Ruling: Article I Section 5 Rule 1.1.5 of the ACAC Operating Code states as follows: Re-instating Academic Eligibility: A student-athlete who is not academically eligible may only practice and may not compete in any non-conference, league or championship events. To re-establish academic eligibility, the student must…. 1.1.5.2 Have not participated at a post-secondary institution in the twelve (12) months immediately prior to the date of current registration. Please note that this reinstatement clause can be used by any athlete only once during their 5 years of athletic eligibility. (added December, 2010) In addition, Rule 1.1.5.3.1 states as follows: Interpretation of Re-instating Academic Eligibility: ACAC student-athletes are governed by the rules in effect at the time of their current participation. It should be noted that prior to 2010, the one time limit referred to in Rule 1.1.5.2 did not exist. NAIT’s position is that although Mr. Olivier-Job has been ruled academically ineligible twice during his career, only one of those periods has taken place since the one time limit in Rule 1.1.5.2 came into effect. Therefore, NAIT’s position is that Mr. Olivier-Job has sat out since the conclusion of the 2011-2012 academic year, which exceeds the twelve (12) month period required by Rule 1.1.5.2, and should therefore be immediately eligible to compete. Of note, Rule 1.1.5.3.1 indicates that a student-athlete is bound by the rules in effect at the time of their current participation. In this case, I would interpret this rule to suggest that Mr. Olivier-Job was bound by the previous wording of the rule in question during his 2006-2007 participation. During his 2011-2012 participation, Mr. Olivier-Job was bound by the current wording of Rule 1.1.5.2 such that his academic ineligibility following that season constitutes his one time limit. Consequently, the one time limit only applies to Mr. Olivier-Job’s participation after the rule change. When the CCAA changed its Operating Code to allow for a maximum of 5 years of eligibility, those student-athletes who had already used the previous limit of 4 years of eligibility were deemed to have exhausted their eligibility. Those athletes were bound by the rules that were in effect prior to the rule change and were not allowed to take advantage of the new rule. In that case, the rule change took effect from the implementation date forward. By way of analogy, the previous version of Rule 1.1.5.2 did not contain a one time limit and Mr. Olivier-Job’s use of the previous wording of the rule should not count against him. Based on the above, applying the current version of Rule 1.1.5.2, Mr. Olivier-Job is deemed to have used his one time limit by sitting out since the conclusion of the 2011-2012 academic year. As such, provided that he meets all other eligibility requirements, he is immediately eligible to compete for NAIT. Sincerely, |
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