Competitive Experience Outside Intercollegiate Athletics - 2005-06

Non-Resident Student or Enrollment Gap Form       Word | PDF

NAIA eligibility rules were amended at the 2004 NAIA convention to address competitive experiences by students between high school graduation and enrollment at an NAIA institution. The legislation became effective
August 1, 2005. The amendment will apply to all students enrolling in an institution of higher learning for the first time and those students who were not identified with an institution of higher learning for two semesters or three quarters during the 2004-2005 academic year.

Article V, Section B, item 17 has been amended as follows:

Season of Competition:

1. Participation in one or more intercollegiate contests whether in a varsity, junior varsity, or freshman program. Seasons of competition for a transfer student will be determined under the rules of the association under which they competed.
   
   
2. Participation in any athletic competition or training for which the participant receives compensation including remuneration for expenses after September 1 in the year of high school graduation or the equivalent.

Notes:

1. If high school graduation or its equivalent cannot be ascertained then age 19 will be used as the determinant.
   
   
2. Unless specified elsewhere in the Bylaws (i.e. - Article V, Section F, Item 9) no student shall be charged more than one Season of Competition during any 12-month period.
   
   
3. Athletes charged a Season of Competition pursuant to this paragraph must also comply with other applicable NAIA Bylaws, including Article VII (Amateur Rules) and Article V, Section C (Eligibility Requirements).

Article V, Section B, Item 2 has been amended and will read as follows:

2. Eligibility Certification:
Completion and filing of the NAIA Official Eligibility Certificate, NAIA Certificate of Clearance, Transfer Eligibility Statement (when applicable), the Eligibility Certificate for Entering Freshmen (when applicable), and Non-Resident Student or Eligibility Gap Form (when applicable) for all students prior to allowing those students to represent the institution in any manner during a term.

* Underline indicates the changes that became effective August 1, 2005.

Intent: To diminish any competitive advantage a prospective student may have due to competitive experience outside of the intercollegiate athletics experience (i.e. - pro, semi-pro, etc.).

Following are frequently asked questions and a series of specific sample “case scenarios” that are intended to assist in the application of NAIA competitive experience legislation. Should you have questions concerning the application of the competitive experience rule is a specific situation, please contact the NAIA national office.

Questions and Answers

Q: Must all of my students complete a Non-Resident Student or Enrollment Gap Form (i.e., Gap Form)?
A: No. Students are exempted from completing a Gap Form in these two situations:

Exempt Situation 1: The student is enrolling in an institution of higher education for the first time and is enrolling at your institution in the first regular academic term (summer not included) immediately following the student’s high school graduation (or the student’s 19th birthday, if high school graduation cannot be ascertained).

Exempt Situation 2: The student was enrolled in an

institution of higher education prior to this certification (or is being recertified at your institution) AND was identified with an institution of higher education throughout (i.e., two semesters or three quarters, not including summers) the 2004-05 academic year.

NOTE: This second exemption will be available only for certification in the 2005-06 academic year. Criteria for students with previous collegiate attendance will be revised for 2006-07 and succeeding years.

Q: Can a student be charged with more than one season of competition in a given year as a result of this rule?
A: No. A student can be charged with no more than one season of competition during any 12-month period.

Q: Is the NAIA instituting an age limit?
A: No. The legislation does not address a student’s eligibility based on age. A student can graduate from high school and delay attendance at an NAIA institution for any number of years without affecting eligibility, provided the individual does not accept compensation for participation during that time. The key determining factors are competitive experience and compensation.

Q: Is this rule aimed at students from countries other than the United States?
A: No. The rule applies in the same manner for all students, regardless of their citizenship or country of origin.

Q: Will students who participate on Olympic and national teams be affected by this rule?
A: Participation on Olympic and national teams will be taken into account in the same manner as all other outside competition. Unless the student is exempted from the application of the rule (see above), participation and receipt of expenses on an Olympic or national team may cause a student to be charged with one or more seasons. Keep in mind that a student will not be charged with more than one season of competition in a given 12-month period.

Q: Is there an exemption for participation during military service?
A: No. Discussion of this issue prior to the adoption of the rule made it clear that an exception is not permitted.

Q: How will the NAIA use the Gap Form?
A: Gap Forms will be submitted in the same manner as all other eligibility certification forms. As with all information submitted to the National Office, the information submitted on the forms may be subject to later review.

Q: How does this change affect NAIA amateurism rules?
A: Rules governing competitive experience rule and amateur status are separate. The competitive experience rule focuses on a student’s competitive experience outside intercollegiate athletics after high school graduation and is specific to seasons of competition. Amateurism regulations (e.g., reimbursement beyond actual expenses, remuneration based on performance) also may come into play based on an individual’s choices during that period of time, but amateurism rules apply to a student’s eligibility generally, regardless of seasons of competition.

Q: What is considered expense remuneration?
A: Remuneration for expenses includes, but is not limited to, lodging, transportation, equipment, uniforms, and meals. Remuneration for some or all of an individual’s actual expenses triggers application of the competitive experience rule, regardless of the actual dollar amount. Keep in mind (as noted above), receipt of monies in excess of actual expenses may affect an individual’s amateur status.

Application to Specific Facts

Facts: A student enrolls and is identified with a four-year institution in Fall 2004. In Spring 2005, the student does not enroll at the institution but is home assisting in the care of his parents. The student reenrolls in Fall 2005.
Application: The student must complete the Gap Form. The student was not in attendance for two consecutive semesters during the 2004-05 academic year.

Facts: A student attends your institution for two full years in 2001-02 and 2002-03, does not attend any institution in 2003-04 and attends your institution again for the full year in 2004-05. The student returns for recertification in August 2005.
Application: The student is not subject to the rule and need not complete the Gap Form. The student is a returning student and was in attendance throughout the 2004-05 academic year.

NOTE: A student who returns to the institution in August 2006 under these same circumstances will be subject to the rule and will need a Gap Form. The effective date of this legislation provides a specific exemption (available only in 2005-06) for a returning or transfer student whose record shows an enrollment “gap” but who attended an institution of higher education full-time throughout the 2004-05 academic year.

Facts: Two students, Pat and Gayle, graduate from high school in May 2004. Pat enrolls at your institution, attends throughout the 2004-05 academic year and does not participate in intercollegiate athletics. Gayle does not enroll at any college and works in the family business. During that time, both students play soccer with a local club team that provides uniforms and travel to games. In August 2005 Pat returns to your institution and Gayle enrolls as a first-time student. Both “walk on” to your institution’s varsity soccer team, the first intercollegiate athletics experience for both students.
Application: Pat was enrolled at your institution throughout the 2004-05 academic year and, therefore, is not subject to the rule and need not complete a Gap Form. By virtue of the “gap” between high school graduation and college enrollment, Gayle is subject to the rule and must complete a Gap Form. Gayle is charged with a season of competition, based on receipt of uniforms and travel expenses as a member of the local club team. In addition, Gayle will be subject to academic-progress requirements for completion of 24 semester/36 quarter credit hours prior to beginning the student’s second season of competition.

Facts: A student graduates from high school in May 2004, does not enroll in a collegiate institution in 2004-05 and instead competes and receives expenses as a member of a national team. The student enrolls at your institution in August 2005.
Application: The student must complete a Gap Form and is charged a first season of competition based on participation and expenses received as a national-team member. That student will be required to meet NAIA initial-eligibility rules for entering freshmen. In addition, the student will be subject to academic-progress requirements for completion of 24 semester/36 quarter credit hours prior to beginning the student’s second season of competition.

Facts: A student graduates from high school in May 2004 and enrolls at your institution in August 2004. She joins your women’s basketball team but does not compete during the fall semester. In December 2004, her National Guard unit is called to active duty and she is unable to attend your institution during the spring semester 2005 and all of the following year (2005-06). While on duty she joins the Armed Forces Basketball League for a four-month period (January – April 2005) and receives expenses to participate at the National and Conseil International du Sports Militaire (CISM) International Championships. She reenrolls at your institution in August 2006.
Application: The student is subject to the rule, must complete a Gap Form and will be charged her first season of competition based on participation and expenses with the Armed Forces Basketball League. On her return to your institution, she will be subject to continuing eligibility rules, including completion of 24 semester/36 quarter credit hours prior to beginning the second season of competition. Had the student competed for your institution in the Fall 2004, she would not have been charged a second season of competition based on her play while on guard duty in the Spring 2005, because the competitive experience rule states that a student may be charged with only one season of competition during any 12-month period.

Facts: A student graduates from high school in May 2003, does not enroll in any institution of higher education in the 2003-04 or 2004-05 academic years. During that time, she is reimbursed for expenses while playing as a member of a club basketball team from October 2003 through May 2004. The student joins a different team the following year and does not receive any expenses or other remuneration. She enrolls at your institution in August 2005 and will compete in varsity basketball throughout the 2005-06 season.
Application: The student is subject to the rule and must complete a Gap Form. Even though she participated in two different calendar years (October 2003 – May 2004), the student is charged one season of competition since the competition for which she received reimbursement for expenses occurred within a single 12-month period. The student will be required to meet NAIA initial-eligibility rules for entering freshmen and also will be subject to academic-progress requirements for completion of 24 semester/36 quarter credit hours prior to beginning her second season of competition.

Facts: A student from Croatia intends to enroll as a first-time college student at your institution in August 2005. Review of his academic records in Croatia does not permit determination of high school graduation (or its equivalent). The student did not attend any other institution of higher education and participated on three different club basketball teams in Croatia after his 19th birthday. On one of the club teams, the student did not receive any remuneration or expenses. On the second team, he received uniforms and equipment (but team members arranged their own transportation to games and paid for their own meals and lodging). On the third team, he was provided actual expenses for transportation, lodging and meals.
Application: Since graduation cannot be ascertained, the student’s 19th birthday will be used as the beginning point in reviewing competitive experience. Obviously, the student did not maintain continuous college enrollment since his 19th birthday, so the rule applies and a Gap Form must be completed. Since he received no remuneration or expenses, the student would not be charged a season of competition based on his participation on the first club team. He will be charged a season of competition for each 12-month period in which he participated as a member of either of the second two club teams, based on his participation and receipt of expenses as a member of each team.