Eligibility: NAIT Volleyball-Thys
( Eligibility Ruling )

2018-19 Season 

August 4, 2019 

 

Facts:

NAIT has requested a ruling in relation to the participation of Men’s Volleyball player, Jaxson Thys during the 2017-18 and 2018-19 seasons.

During the 2017-18 academic year, Mr. Thys was registered in Academic Upgrading. He was dressed and listed on two game sheets during that season but did not play (which has been confirmed by ACAC statistics).

Mr. Thys was again registered in Academic Upgrading during the 2018-19 academic year, during which he played for NAIT, participating in ten matches during the first half of the year before deciding to focus on academics.

NAIT has indicated that it made an error, mistakenly believing that Mr. Thys had only played in exhibition games during the 2017-18 season and, as such, they did not realize that Mr. Thys had previously used one year of Academic Upgrading prior to the 2018-19 academic year.

Ruling:

The relevant sections of the ACAC Operating Code are as follows:

Article I Section 5 Rule 1.4.4:

1.4.4. Minimum Participation for Use of One Year of Eligibility: A student shall be considered to have used one year of ACAC eligibility if he/she has participated in one scheduled ACAC contest. The appearance of the student-athlete’s name on a game report * shall be interpreted as indicating participation in that game (* Not to include pre-season contests).

Article I Section 5 Rule 1.1.1.4:

1.1.1.4. Academic Upgrading Programs:

A student-athlete is permitted to compete for only one academic year within their five years of eligibility while enrolled in an academic upgrading program.

Article I Section 5 Rule 10.1:

Sanctions for Violation of the Rules of Eligibility 
10.1. Use of an Ineligible Student-Athlete

Where it has been determined that a member institution is in violation of the rules of eligibility and has used an ineligible student-athlete, other than as identified in Article 11.2, the Commissioner shall exercise his or her discretion to determine an appropriate sanction. (Amended October, 2011)

Based on an application of the above rules, I make the following findings:

  1. Mr. Thys is deemed to have participated in two matches during the 2017-18 season and to have used one year of eligibility in relation to that participation;
  2. Mr. Thys participated as a student-athlete twice while registered in Academic Upgrading, thus violating Rule 1.1.1.4 above; and
  3. As a result of his 2017-18 participation while in Academic Upgrading, Mr. Thys’ participation in 2018-19 while registered in Academic Upgrading for a second academic year rendered him ineligible for the ten matches in which he participated.

Rule 10.1 above states that in the event of a breach of the rule, “the Commissioner shall exercise his or her discretion to determine an appropriate sanction.” In determining the appropriate sanction, I have taken into account the following factors:

  1. NAIT’s actions in this matter resulted from a mistake rather than any intent to gain a competitive advantage;
  2. While Mr. Thys’ name appeared on two score sheets during the 2017-18 season, ACAC statistics have confirmed that he did not step onto the floor during either of those matches; and
  3. There is little to be gained at this juncture in making significant changes to the standings of the already concluded 2018-19 season, particularly given that NAIT, as the host institution, would have received an automatic berth in the ACAC Championships in any event.

Based on the above, the results from the 2018-19 season will remain unchanged.

In terms of sanction, NAIT has suggested that the circumstances of this case are akin to an administrative error. With respect, I disagree. Had NAIT not been hosting the ACAC Championships, the error in question had the potential to affect the reputation and credibility of the Conference. Accordingly, to reinforce that our members must ensure that these types of errors do not occur, this case must be treated more seriously than an administrative error. Therefore, NAIT is hereby fined $1,000, payable forthwith to the ACAC Office.

Sincerely,

Bill Hendsbee 
ACAC Commissioner