Student Athletic Grant-In-Aid

Hearing Opportunity Process

I.  Purpose

To hear a student’s appeal regarding the non-renewal, cancellation or reduction of his/her athletic grant-in-aid and to determine if actions taken by Bowling Green State University were consistent with National Collegiate Athletic Association (NCAA) regulations.

II.  Initiating the appeal process

The student athlete must contact Eric Bucks, Associate Director within Student Financial Aid, in writing requesting an appeal hearing.  The petition for an appeal must be received within thirty days of the letter date notifying the student athlete of the appeal hearing option. 

Student Financial Aid will confirm in writing the request for a hearing by a student athlete.  The student athlete must respond within fifteen days from the date of the letter confirming the request for the appeal hearing option with potential dates and times of accessibility over the next 2-3 weeks.

If response time frames cannot be adhered to as described in Section II of this policy by the student athlete, the appeal hearing process will be forfeited.  No appeal by the student athlete is available to reverse the decision of a forfeited appeal hearing for failing to follow established procedures.

III.  Authority

According to the NCAA Division I Manual and Operational Bylaws, student-athletes are afforded the opportunity, upon request, to an appeal hearing when institutional aid, based in any degree on athletics ability, is reduced or cancelled during the period of the award by BGSU.

Likewise, if BGSU decides not to renew or decides to reduce athletic grant-in-aid for the ensuing academic year, it is the policy of BGSU to inform the student-athlete in writing that he or she, upon request, shall be provided a Hearing Opportunity to appeal the decision.

NCAA Bylaws concerning hearing Opportunity state: 

15.3.4 Reduction and Cancellation during Period of Award

15.3.4.1 Reduction or Cancellation Permitted. Institutional financial aid based in any degree on athletics ability may be reduced or canceled during the period of the award if the recipient: (Revised:1/11/94, 1/10/95)

( a ) Renders himself or herself ineligible for intercollegiate competition; or

( b ) Fraudulently misrepresents any information on an application, letter of intent or financial aid agreement (see Bylaw 15.3.4.1.1); or

( c ) Engages in serious misconduct warranting substantial disciplinary penalty (see Bylaw 15.3.4.1.2); o r

( d ) Voluntarily withdraws from a sport at any time for personal reasons; however, the recipient’s financial aid may not be awarded to another student-athlete in the term in which the aid was reduced or cancelled. (Revised: 1/10/92, 1/11/94, 1/10/95, 1/9/96)

15.3.4.1.1 Fraudulent Misrepresentation. If a student-athlete is awarded institutional financial aid on the basis of declaring intention to participate in a particular sport by signing a letter of intent, application or tender, action on the part of the grantee not to participate (either by not reporting for practice or after making only token appearances as determined by the institution) would constitute fraudulent misrepresentation of information on the grantee’s application, letter of intent or financial aid agreement and would permit the institution to cancel or reduce the financial aid. (Revised: 1/11/94)

15.3.4.1.2 Misconduct. An institution may cancel or reduce the financial aid of a student-athlete who is found to have engaged in misconduct by the university’s regular student disciplinary authority, even if the loss-of-aid requirement does not apply to the student body in general.

(Revised: 1/11/94)

15.3.4.1.3 Hearing Opportunity Required. Any reduction or cancellation of aid per Bylaw 15.3.4.1 is permissible only if such action is taken for proper cause by the regular disciplinary or financial aid authorities of the institution and the student-athlete has been provided written notice of an

opportunity for a hearing. (Revised: 1/11/94) 

15.3.5 Renewals and Non-renewals

15.3.5.1 Institutional Obligation. The renewal of institutional financial aid based in any degree on athletics ability shall be made on or before July 1 prior to the academic year in which it is to be effective. The institution shall promptly notify in writing each student-athlete who received an award the previous academic year and who has eligibility remaining in the sport in which financial aid was awarded the previous academic year (under Bylaw 14.2) whether the grant has been renewed or not renewed for the ensuing academic year. Notification of financial aid renewals and non-renewals must come from the institution’s regular financial aid authority and not from the institution’s athletics department. (Revised: 1/10/95)

15.3.5.1.1 Hearing Opportunity Required. If the institution decides not to renew or decides to reduce financial aid for the ensuing academic year, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing before the institutional agency making the award. The institution shall have established reasonable procedures for promptly hearing such a request and shall not delegate the responsibility for conducting a non-renewal hearing to the university’s athletics department or its faculty athletics committee. The decision to renew or not renew the financial aid is left to the discretion of the institution, to be determined in accordance with its normal practices for students generally.

15.3.5.2 Reconsideration of Non-renewal. It is permissible for an institution that has notified a student-athlete that he or she will not be provided institutional financial aid for the next academic year subsequently to award financial aid to that student-athlete

IV.  Final Appellate

 Director of Student Financial Aid

V.  Format

The hearing is designed to provide the student (hereinafter referred to as the complainant) and the Department of Intercollegiate Athletics (ICA) spokesperson (hereinafter referred to as the respondent) with a fair and reasonable opportunity to present their respective points regarding the status of the student’s athletic grant.  The hearing shall be closed to the public.  Also, because the hearing is not a legal proceeding, legal counsel shall not represent nor advise the parties during the hearing.  However, an advisor may accompany each party.  Parties may consult freely with their advisors throughout the hearing, but advisors shall have no formal role during the hearing and advisors shall not address the panel or other parties.  Proper decorum shall be maintained at all times.  Each party shall have an opportunity to present their points in accordance with the following: (Note: for good cause, the panel may upon its own motion and a majority vote amend or revoke any rules contained herein.)

A.   Introduction of participants and a review of the appeal hearing’s purpose and a format by the Director of Student Financial Aid or his/her designee who shall serve as chair.  No members of the panel shall be from ICA.

B.    The complainant shall have a maximum of 15 minutes to present information and arguments regarding the appeal of his/her athletic grant status.  During this time, the complainant may submit his/her written statement or other documentation in support of the appeal.  Three copies of all documentation are required.

C.    The respondent will have a maximum of 10 minutes to question the complainant regarding information and arguments presented.  The respondent will be permitted one question at a time and must allow adequate time for a response before going on to the next question.  If necessary, the chair will rule on the appropriateness of a line of questioning.

D.   The complainant will have the option (not a requirement) of inviting witnesses to testify at the hearing.  A witness’ testimony shall be limited to a maximum of 10 minutes.  Witness testimony may be by question and answer or by narrative.  Written statements (at least 3 copies) may be submitted. All witness testimony shall be limited to facts related to the appeal.  Witnesses may not be invited to act as advocates for either party.  Following each witness’ testimony, the respondent shall have a maximum of 5 minutes to ask questions.  Members of the panel shall also have an opportunity to direct questions to the witness.

If the complainant plans to include witnesses as part of his/her appeal, the names of all witnesses and a brief description of the information the witness will present must be submitted in writing to the Director of Student Financial Aid at least 4 days prior to the hearing.  This information shall be shared with the respondent prior to the hearing.  Unless otherwise approved by the chair, each party shall be limited to a maximum of 3 witnesses. Witnesses will only be permitted in the hearing room when testifying.

E.    The respondent shall have a maximum of 15 minutes to present information and arguments regarding the complainant’s athletic grant status.  During this time, the respondent may submit his/her written statement or other documentation in support of the complainant’s athletic grant status.  Three copies of all documentation are required.

F.    The complainant will have a maximum of 10 minutes to question the respondent regarding information and arguments presented.  The complainant will be permitted one question at a time and must allow adequate time for a response before going on to the next question.  If necessary, the chair will rule on the appropriateness of a question or line of questioning.

G.   The respondent will have the option (not a requirement) of inviting witnesses to testify at the hearing.  A witness’ testimony shall be limited to a maximum of 10 minutes.  Witness testimony may be by question and answer or by narrative.  Written statements (at least 3 copies) may be submitted.  All witness testimony shall be limited to facts related to the appeal.  Witnesses may not be invited to act as advocated for either party.  Following each witness’ testimony, the complainant shall have a maximum of 5 minutes to ask questions.  Members of the panel shall also have an opportunity to direct questions to the witness.

If the respondent plans to include witnesses as part of his/her presentation, the names of all witnesses and a brief description of the information the witness will present must be submitted in writing to the Director of Student Financial Aid at least 4 days prior to the hearing.  This information shall be shared with the complainant prior to the hearing.  Unless otherwise approved by the chair, each party shall be limited to a maximum of 3 witnesses.  Witnesses will only be permitted in the hearing room when testifying.

H.   Members of the hearing panel will have an opportunity to question both parties.

I.      The complainant shall have a maximum of 5 minutes for closing remarks.

J.     The respondent shall have a maximum of 5 minutes for closing remarks.

K.   Following the above, the hearing shall be terminated and the hearing panel will move to a closed session.

VI.  Final Decision

A decision regarding the appeal shall be provided in writing to the complainant and respondent within 10 working days following the conclusion of the hearing.  The decision shall be final and members of the hearing panel, other than the Director of Student Financial Aid, will not be available for questions by either party or others that might express an interest in the hearing.  The Director of Student Financial Aid will only be available to the complainant, Director of Intercollegiate Athletics, Provost and the President to respond to questions related to the appeal process or the decision rendered.

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