Eligibility: KC Volleyball-Silva

2018-19 Season 

August 4, 2019 

Facts:

Athus Silva was an incoming student-athlete from Brazil who was expected to join 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.

In a previous ruling dated January 28, 2019 I ruled that Mr. Silva was not eligible to compete in the ACAC Championships. His name did not appear on a game sheet after January 26, 2019.

KC seeks a ruling that Mr. Silva did not consume eligibility during the 2018-19 season due to an eligibility-use error on its part.

Ruling:

Article I Section 5 Rule 1.4.4.2 of the ACAC Operating Code is worded as follows:

1.4.4.2. Correcting an Eligibility-Use Error
Institutions requesting a correction to eligibility records due to an eligibility-use error must submit a request to the Commissioner and adhere to the following requirements. (i.e. erroneously leaving a non-participating student-athlete’s name on a game sheet). (Added April, 2017)

1.4.4.2.2. When the error is detected after the completion of the relevant season and/or semester, the offending institution must submit a written request with all relevant details through the ACAC office to correct the record, as well as provide irrefutable evidence to support the request, and submit a $500 fee to the ACAC office. The Commissioner will review the submission and determine whether the request will be granted. If approved, the institution must submit corrected game sheet(s) to the ACAC office within one week. (Added April, 2017)

As referenced in Rule 1.4.4.2.1, the evidence required to reinstate an athlete’s eligibility must be irrefutable.

In this case, KC has provided a copy of Mr. Silva’s Air Canada boarding pass, which establishes that Mr. Silva was in transit from Calgary to Fort McMurray during the game in question.

Under the circumstances, I am convinced that the evidence provided by KC is irrefutable and Ms. Silva is deemed not to have used eligibility in relation to the 2018-19 season.

As per Rule 1.4.4.2.2, KC is to submit the requisite $500 fee to the ACAC Office forthwith.

Sincerely,

Bill Hendsbee 
ACAC Commissioner