2012-13 Compliance Seminar

2012-13 Compliance Seminar

Legislative Updates and

Revisions to the

FHSAA Handbook

Florida High School Athletic Association 1

HB1403 FHSAACommon Misperception(s) / Misconceptions • Coaches are now allowed to recruit; • Student eligibility will not be impacted by the

new statutory requirements


HB1403 FHSAA• Allowing new Association– May not discourage participation against these

schools– Unreasonably withhold recommendation to NFHS


HB1403 FHSAA• Transfer Rule– Approval of district or private school– Prior to deadline (beginning of sports season)


HB1403 FHSAA• Recruiting Violations – Play in higher classification– Student still eligible (unless. . . • falsification of information or • accepted benefit of promise or• based in any way on athletic interest, potential, or

performance.)


HB1403 FHSAA• Penalties to Coaches– Major violations – knowingly allowing ineligible

student to participate– Sanctions assessed to and follow the individual

coach– Coach reimburses member school for penalties– Allowed due process


HB1403 FHSAA• Appeals Process– No forfeitures for inadvertent eligibility violations– Determination of ineligibility prior to end of sports

season– De Novo (Latin expression meaning "from the

beginning," "afresh," "anew," "beginning again)


How to find information

• Download the new handbook from the FHSAA website to you computer desktop

• Open document with Adobe Reader or Adobe Acrobat• Type in the “Find” box a word or phrase (if you do not see the find box

then press “Ctrl+F” for Windows or “+F” for Mac)• Press “Enter”• The word or phrase, if found, will be highlighted • Each successive pressing of the “Enter” key will find subsequent

findings of the word or phrase


New for 2012-13• Colored Sections

White Section – Bylaws Green Section – Administrative Policies Yellow Section – Administrative Procedures

• Larger font size

• Master Table of Contents for entire handbook

• Table of Contents and 2012-13 Revisions for each section with separate listing for those through the Representative Assembly and those through legislation

• Revisions to the Bylaws that are due to legislation are highlighted in italics


Revisions to Bylaw 1(1.4 General Terms - only)

• 3 modifications to existing terms

– Administrative/School/Academic/Athletic Year

– Residence

– FHSAA Representative

• 6 new terms

– Calendar/School Week

– Guardianship

– Traditional/Non-Traditional Student

– Combination Middle School Program

• 1 due to Legislation – Major ViolationsFlorida High School Athletic Association 10

Revisions to Bylaw 3

• 4 changes due to Legislation – Charter/Virtual Schools

• 2 modifications to existing definitions

–Middle/Junior High Schools

–Combination Schools


Major Change3.2.2.3 Combination School. A “combination school” is any traditional public school, charter school, virtual school (HB 1403), private school or university laboratory school that provides instruction to students in both middle/junior high school grades and/or senior high school grades (i.e. K-12, K-8, 6-12, 7-12, etc.) under the direction of a single principal as defined in Bylaw 1.4.25 and located on the same campus, except for 9-12 high schools which have 9th grade centers at a separate location, with participation and enrollment based on a single campus site. A combination school must hold membership as a middle school if its terminal grade is grade 6 through 8, as a junior high school if its terminal grade is grade 9, or as a senior high school if its terminal grade is grade 10 through 12.


Revisions to Bylaws 4, 5 & 7• 5 modifications to existing language

–Reference to dates for Section Appeals Meetings, Governance Elections and Amendment submission

–Additional Responsibilities for Executive Director

– Penalty for student unsportsmanlike conduct

• 1 change due to Legislation – Compliance Reviews and Investigative Procedures


Major Change4.6.2.2 Compliance Reviews and Investigative Procedures. The Executive Director or his/her designee is authorized to assign individuals to investigate matters of student eligibility and/or bylaw/policy violations. The procedures outlined in Policy 37 (Policy on Investigative Procedures), which shall be in full compliance with Florida Statute 1006.20(2)(g), will be followed for such investigations. Information and evidence obtained by an investigator will be submitted to the Executive Director or his/her designee for determination of eligibility and compliance. A determination of ineligibility or violation of bylaws/policies must be made in writing, setting forth the findings of fact and specific violation upon which the decision was based (HB 1403).


Revisions to Bylaw 8• 3 modifications to existing language relative to

Contracts

–NFHS conditions

–Club teams

–Middle/Junior High/Combination Schools

• Several changes due to Legislation relative to Contracts with non-member schools


Major Change8.3.1 Eligible Contestants. Member schools may only engage in interscholastic contests with the following: (b) Non-FHSAA member Florida schools provided an FHSAA game/contest contract (see Bylaw 8.4.1) has been fully executed by all participating schools (HB 1403).


Revisions to Bylaw 9• 6 modifications to existing language

–Change in terminology; Non-Traditional Students

–Guardianship

– Format conformity; Alternative/Special Schools

–Academic records of transfer students

– Limit of eligibility Florida High School Athletic Association 17

Revisions to Bylaw 9 (cont’d)

• 7 changes due to Legislation

– Falsification of information

– New sub-section relative to the eligibility of recruited students

– Consistent language with statutes

– New sections for Non-member Private School/FLVS-FT students

– New section relative to transfer prior to the beginning of a sport season; new EL6 Form


Major Change9.1.2.2 Falsification of Information. A student and/or parent/legal guardian appointed by a court of competent jurisdiction (HB 1403) falsifies information to gain eligibility shall be declared ineligible to represent any member school for a period of one year from the date of discovery.9.1.2.3 Eligibility of Recruited Students. A student may be declared ineligible based on violation of recruiting rules if (HB 1403):(a) The student or parent/legal guardian appointed by a court of competent jurisdiction has falsified any enrollment or eligibility document; or(b) The student or parent/legal guardian appointed by a court of competent jurisdiction accepted any benefit or any promise of benefit if such benefit is not generally available to the school’s students or family members or is based in any way on athletic interest, potential, or performance.


Major Change9.3.2.1 Transfer of Schools before a Sport Season. The student transfers and begins attending the new school prior to the beginning date of the sport season, as established in the FHSAA Calendar, meets all other eligibility requirements in Article 9 and provided: (HB 1403)(a) The transfer has been approved pursuant to district school board policies in the case of a transfer to a public school or pursuant to the private school policies in the case of a transfer to a private school; and(b) A form to be provided by the association (EL6 Form – Notice of Transfer) has been submitted to the association.


Revisions to Bylaw 10• 3 modifications to existing language

– New responsibility of Executive Director

– Use of ineligible student on relay team

– Cost of Appeals

• 9 changes due to Legislation

– Reimbursement of expenses

– Sanctions on Coaches

– Inadvertent use of ineligible student


Revisions to Bylaw 10 (cont’d)

– Prospective contests

– Disposition of appeals

– Additional information

– Eligibility Appeal Process

– Clear and convincing evidence


Major Change10.1.2 Reimbursement of Expenses. 10.1.2.1 If a member school is assessed a financial penalty as a result of a coach committing a major violation, the coach shall reimburse the member school before being allowed to coach, participate in, or attend any athletic activity sponsored, recognized, or sanctioned by the FHSAA and a member school (HB 1403).10.1.3 Sanctions on Coaches. Sanctions placed upon an individual coach may include, but are not limited to, prohibiting or suspending the coach from coaching, participating in, or attending any athletic activity sponsored, recognized, or sanctioned by the FHSAA and the member school for which the coach committed the violation. If a coach is sanctioned by the FHSAA and thecoach transfers to another member school, those sanctions remain in full force and effect during the term of the sanction (HB 1403).


Major Changes10.2.1 General Principle. If an ineligible student is intentionally permitted to participate in an interscholastic athletic contest, forfeiture of the game and honors shall be automatic and mandatory. If an ineligible student is inadvertently permitted to participate in an interscholastic athletic contest, forfeiture of the game and honors shall be automatic and mandatory if the coach or school administrator knew or should have known that such use would be a violation of the association’s rules and regulations (HB 1403).


Major Change10.2.1.4 Prospective Contests. The association will not limit the competition of student athletes prospectively for rule violations of the school by its coaches or other representatives of the school’s athletic interests. The association will not unfairly punish student athletes for eligibility or recruiting violations perpetrated by a teammate, coach, administrator or other representatives of the school’s athletic interests. Contests will not be forfeited for other eligibility or recruiting violations in excess of the number of contests that the coaches or other representatives of the school’s athletic interests responsible for the violations are prospectively suspended (HB 1403).


Major Change10.5.3.1 Eligibility Appeal Process. A school or student athlete filing an eligibility appeal is permitted to present information or evidence that was not available at the time of the initial determination of eligibility. The appeal committee hearing the appeal (HB 1403):(a) may consider the new information or evidence during the appeal and render a decision; or(b) may suspend the determination of the appeal and remand the appeal to the Executive Director for a new determination; and(c) the decision on the appeal must be made in writing, setting forth the findings of fact and the specific violation(s) upon which the decision is based.


Changes to Policies• Changes are listed on page 45 of the 2012-13

FHSAA Handbook• Significant Changes– Policy 6 – Consolidation of language– Preseason Classics and Jamborees – everyone– Policy 12 – Clean-up and consolidation– End of Course Exams


Changes to Policies (cont’d)

– Non-Traditional Students – Consolidation of language – Register intent

– Policy 17 – Simplification of registration process– Policy 24 – Individual instruction addressed– Policy 35 – Boarding School language addressed– New Policy 37 – Investigative Procedures– New Policy 38 – Concussions– New Policy 39 – Heat Acclimatization


Final Notes• Some of the changes to the Bylaws and

Policies will be addressed in the breakout session

• Watch for upcoming Webinars• Thank you for attending• Best of wishes for the upcoming school year


Documents

2012-13 Compliance Seminar