Eligibility: Ambrose University Basketball-Burgess

2023-24 Season

May 21, 2024

Facts:
At the outset of the 2023-24 ACAC season, Kieron Burgess was a student at AMB and he was a member of the AMB Men’s Basketball team. Mr. Burgess participated in one game on October 14, 2023 and has not participated since.

Prior to the current academic year, Mr. Burgess attended MHC, where he was a member of the Men’s Basketball team over the course of three seasons. He transferred from MHC to AMB prior to the current academic year.

In a ruling dated December 12, 2023, I determined that Mr. Burgess was eligible during the October 14, 2023 game. Rather than recite the reasons for that ruling in detail, I have attached a copy for your reference.

MHC has requested a ruling seeking a response to the following questions:

1. Does it count as an official transfer, as he was unable to attend Ambrose University, and has no record of attendance and no official transcript. If he was unable to attend classes- he was unable to transfer;
2. Does this count as a year of eligibility? The ACAC Operating Code does indicate that the appearance of a name on a scoresheet does account for one year of eligibility, but again, since he was unable to attend classes as a student, does this apply?

Ruling:
Before addressing the specific questions posed by MHC, I need to clear up an inaccuracy contained within each of those questions. My understanding is that, in fact, Mr. Burgess was attending classes at AMB until October 20, 2023 when he withdrew from classes immediately upon receiving a letter from Immigration, Refugees and Citizenship Canada (IRCC) denying his request for an extension of his study permit.

As indicated in my earlier ruling, IRCC allows students to attend post-secondary institutions while their request for an extension is being considered. As such, Mr. Burgess was properly attending classes at AMB from the start of the
semester up to and including the time of his participation. As such, there is no reason to question his transfer from MHC to AMB.

While I am sympathetic to Mr. Burgess’ circumstances, he was eligible at the time of the game in question and the ACAC Operating Code gives me no choice but to rule that his participation results in the consumption of one year of ACAC eligibility.

In summary, Mr. Burgess properly transferred from MHC to AMB prior to the current academic year. As a full-time student, he was eligible to participate on October 14, 2023 and his participation in that game resulted in the use of one year of ACAC eligibility.

Sincerely,

Bill Hendsbee
ACAC Commissioner

2023-24 Season

December 12, 2023

Facts:

At the outset of the 2023-24 ACAC season, Kieron Burgess was a member of the AMB Men’s Basketball team. Mr. Burgess participated in one game on October 14, 2023 and has not participated since.

MHC has asked for a determination of Mr. Burgess’ eligibility status during the game in question. Mr. Burgess was a member of the MHC Men’s Basketball team from 2018-19 to 2021-22. He did not participate during the 2022-23 academic year before transferring to AMB for the current academic year. In its request for a ruling in this matter, MHC references its understanding that subsequent to the game in question, Mr. Burgess was advised that his immigration status prevented him from continuing his studies at AMB. MHC questions whether the appropriate investigations were undertaken by AMB prior to determining that Mr. Burgess was eligible to participate.

Ruling:

Article III, Section 1 Rule 1.4 of the ACAC Operating Code reads as follows:

1.4 Formal Complaint

The formal complaint shall be in writing and submitted in a report by the complainant Athletic Director to the Chief Executive Officer, the Commissioner, and the ACAC President. A copy of the complete report shall be forwarded to the respondent Athletic Director in a timely manner. The report must be accompanied by a deposit of $500 from the complainant institution. Should any resulting ACAC investigation or follow-up action determine the complaint to be valid, the deposit shall be returned upon the completion of the formal resolution process. If no further action is taken and the complaint deemed to be invalid, the deposit will be forfeited. (Added July, 2018)

AMB has provided a thorough and complete response to the questions raised by MHC, confirming the following:

1. The Universal Transfer Form was signed by MHC on August 16, 2023;
2. Pursuant to the UTF, Mr. Burgess was eligible to participate during the 2023-24 academic year;
3. According to the AMB Registrar, Mr. Burgess had successfully met admission requirements;
4. As AMB is a Designated Learning Institution with Immigration, Refugees and Citizenship Canada (IRCC), Mr. Burgess, who is an international student, required a study permit to attend the institution;
5. At the time he participated on October 14, 2023, Mr. Burgess had applied for an extension of his study permit prior to its expiration and proof of that request for an extension had been provided to AMB;
6. On October 20, 2023, Mr. Burgess received a letter from IRCC denying his request for an extension of his study permit;
7. Mr. Burgess immediately advised AMB of the October 20, 2023 letter and he was withdrawn from classes at AMB effective the date of that letter.

The question to be determined is Mr. Burgess’ ACAC eligibility status at the time he participated on October 14, 2023 and whether AMB took the appropriate steps to confirm his eligibility status before he participated.

I have been provided with the wording of the IRCC study renewal permit application, which reads as follows:

If a temporary resident also applies for renewal of their work or study permit before the expiry of their existing permit and their permit expires before a decision is made, paragraph R186(u) or section R189 authorizes them to work or study without a permit under the same conditions pending a determination of their application for renewal and only as long as the person remains in Canada.

Section 183(5) of the Immigration and Refugee Protection Regulations reads as follows:

(5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until

• (a) the day on which a decision is made, if the application is refused; or
• (b) the end of the new period authorized for their stay, if the application is allowed.

As the decision by IRCC to deny the extension request made by Mr. Burgess was made on October 20, 2023, his study permit was valid until that date and, therefore, he was eligible to participate in the October 14, 2023 game that is the subject of this ruling.

Based on the above, the complaint initiated by MHC is dismissed. If MHC has not already done so, it is to pay the $500 deposit contemplated by Rule 1.4 to the ACAC Office forthwith.

Sincerely,

Bill Hendsbee
ACAC Commissioner