Eligibility: SAIT Basketball-Doumbouya |
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Eligibility Ruling
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2023-24 SeasonAugust 10, 2023Facts: This ruling replaces my ruling of July 10, 2023 (attached) as further information has subsequently been provided by SAIT. I will not repeat the facts outlined in the previous ruling. The additional information relevant to the issue of Mr. Doumbouya’s eligibility to compete for SAIT during the 2023-24 academic year is as follows: Mr. Doumbouya competed in at least four (4) regular season games of the Basketball Africa League (BAL) during April and May of this year. His most recent regular season BAL participation was in a game played on May 6, 2023. In addition, please note that the previous ruling in this matter applied the recently revised CCAA eligibility rules. I have since been advised that the revised rules have not yet taken effect. As a result, the existing CCAA eligibility rules relating to professional players returning to the CCAA will be applied to the facts of this case. Ruling: The relevant sections of the CCAA Operating Code are as follows: Section 12. Amateur Professional Status 12.1 Any professional athlete may participate in CCAA competition one year from the date the athlete last participated in a professional game or event in a recognized sport of the CCAA.(Exception: see Soccer specific rule 12.3 One year of eligibility shall be charged to a professional athlete for each year that the athlete has participated as a professional in a recognized sport of the CCAA. The recognized sports of the CCAA are: badminton, basketball, cross-country running, golf, soccer and volleyball. Interpretation: Participation shall be defined as appearing on the score sheet for a league or playoff game or event. (emphasis added) 12.5.2 BASKETBALL (MEN) The student-athlete shall be considered to be a professional if he participated in any of the following: a) National Basketball b) National Basketball Association Development League (G-league) c) Canadian Basketball League d) Premier Basketball League e) American Basketball Association f) National Basketball League of Canada g) The top three divisions of professional competition in any country. (emphasis added) The following excerpt has been copied from the Basketball Africa League website (https://bal.nba.com/about): About BAL The Basketball Africa League (BAL), a partnership between the International Basketball Federation (FIBA) and the National Basketball Association (NBA), is a new professional league featuring 12 club teams from across Africa. The BAL builds on the foundation of club competitions FIBA has organized in Africa and marks the NBA’s first collaboration to operate a league outside North America. (emphasis added) This is a unique situation. SAIT previously provided substantiation that Mr. Doumbouya’s Guinean club team is considered by its National Federation to be an amateur sport organization. However, while that may be the case while competing within its own Federation, in my view, the status of athletes competing for Mr. Doumbouya’s club team is subject to change when they are competing within the BAL. Although the BAL is not referenced specifically in Rule 12.5.2 above, in all likelihood because BAL did not exist at the time the rule was drafted, a holistic view of the circumstances is required to determine the appropriate outcome. SAIT has confirmed that there is no professional basketball league in Guinea. As a result, I am comfortable in determining that Mr. Doumbouya’s participation in a professional league associated with the National Basketball Association more than qualifies as having participated in “the top three divisions of professional competition in any country,” as required by Rule 12.5.2. Accordingly, based on Rule 12.3, Mr. Doumbouya is deemed to have used one (1) year of CCAA eligibility in relation to his BAL participation, which would constitute his fifth and final year of eligibility. As a result, Mr. Doumbouya’s CCAA eligibility is exhausted and he is not eligible to compete for SAIT during the 2023-24 academic year. Sincerely, Bill Hendsbee
July 10, 2023
Facts: Ibrahima Doumbouya plans to attend SAIT for the 2023-24 academic year with the intention of consuming his fifth and final year of post-secondary eligibility competing as a member of the SAIT Men’s Basketball team. Mr. Doumbouya is from Guinea. During the Fall of 2022, he played in 5 games for the Seydou Legacy Athletique Club (SLAC) in a qualifying tournament for entry into the Basketball Africa League (BAL), which is a joint competition organized by FIBA and the NBA. SAIT has provided confirmation from Federation Guineenne de Basketball that SLAC is an amateur sport organization and that Mr. Doumbouya was considered an amateur athlete during the games in question. At the time of his participation with SLAC, Mr. Doumbouya was 25 years old. Ruling: SAIT seeks a ruling confirming that Mr. Doumbouya did not consume ACAC/CCAA eligibility as a result of his participation in the BAL qualifying tournament. The CCAA provisions relating to this issue were recently revised. Section 12.5.1 of the CCAA Operating Code is now worded as follows: 12.5.1 SOCCER, VOLLEYBALL, BASKETBALL Participation in any competitive professional league, which occurs after September 1 of the year of the athlete's 22nd birthday will be considered use of a year of eligibility. One year of eligibility shall be charged for each year that the athlete has participated in a competitive professional league. Participation shall be defined as appearing on the score sheet for a league or playoff game or event. Any participation prior to September 1 of the year of the student-athlete’s 22nd birthday will not be considered professional therefore they are eligible to participate immediately. Competitive League criteria defined as:
From what I have been able to determine and based upon the information supplied by SAIT, the BAL might be considered to be a “competitive professional league.” However, the qualification process to gain entry into the BAL consists of a series of tournaments between amateur teams. It was during one of these amateur qualifying tournaments that Mr. Doumbouya competed for SLAC. In my view, Mr. Doumbouya’s participation with SLAC does not meet the criteria of participation in a competitive professional league. Therefore, he did not consume ACAC/CCAA eligibility in relation to the games in question and is therefore ruled eligible to compete for SAIT during the 2023-24 academic year. Sincerely, Bill Hendsbee |
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