Eligibility: Keyano College Volleyball-Silva

2018-19 Season 

January 28, 2019 

Facts:

Athus Silva is an incoming student-athlete from Brazil who has just joined the KC Men’s Volleyball team. Mr. Silva was expected to arrive in Fort McMurray the early afternoon of January 26, 2019. Unfortunately, however, Mr. Silva was delayed in customs at the Toronto airport and missed his connecting flight. As a result, he did not arrive in Fort McMurray until later that evening.

In anticipation of Mr. Silva’s arrival, his name was marked on the game sheet for that afternoon’s match between KC and TKU; however, as a result of the delay, Mr. Silva did not arrive until after the completion of the match.

KC seeks a ruling that Mr. Silva is eligible to compete in the ACAC playoffs.

Ruling:

Article I Section 5 Rule 4 of the ACAC Operating Code states as follows:

Eligibility for Playdowns

A student-athlete must be listed on the original certificate of eligibility (fall semester) or on a supplemental certificate of eligibility and have appeared on an ACAC regular season game sheet (on or before January 30, soccer excepted) in order to be eligible for play-offs.

KC has no more scheduled matches before the deadline outlined in Rule 4 above. As a result, KC requests that Mr. Silva be deemed eligible for ACAC playoffs on the basis that this name appeared on a game sheet before January 30. With respect, while I am sympathetic to Mr. Silva’s plight, to interpret the Operating Code in such a manner would result in an absurdity. Although not specifically enumerated, it is my opinion that Rule 4 must be interpreted in a manner consistent with its intent. Therefore, I interpret “have appeared on an ACAC regular season game sheet” as requiring the student-athlete’s name to appear on the game sheet and for the student-athlete to have been physically present at the venue in order to have complied with the rule.

Based on the above, Mr. Silva is not eligible to participate in the 2018-19 ACAC playoffs although he will remain eligible to participate for the remainder of the ACAC regular conference schedule so long as all other ACAC eligibility requirements have been met.

Sincerely,

Bill Hendsbee 
ACAC Commissioner