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Frank_Rizzo

Penn State blocking Suriano's Big 10 waiver

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Rule 15.01.5. Intraconference Transfer Rules

Post Matriculation. A student-athlete that has signed a tender from a Conference institution and has triggered transfer status per NCAA Bylaw 14.5.2 (conditions affecting transfer status), may not represent an alternate Big Ten institution in intercollegiate athletics competition until the individual has completed one (1) full academic year of residence at the alternate (i.e., certifying) Big Ten institution and shall be charged with the loss of one (1) season of eligibility in all sports.

 

I don't see anything in there about waivers being granted if the first school says it's OK. Suggesting it's as simple as PSU releasing him implies that the Big Ten has no intention of following its own transfer rules. If it's just a matter of the coach releasing him, then there is no reason for the Big Ten to have a transfer policy at all, since the NCAA policy would suffice.

That is how I read it as well.

 

Suriano may have requested that PSU support him is trying to obtain an exception but it seems the policy is clear ...shall be charged with the loss of one(1) season of eligibility in all sports.

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Rule 15.01.5. Intraconference Transfer Rules

Post Matriculation. A student-athlete that has signed a tender from a Conference institution and has triggered transfer status per NCAA Bylaw 14.5.2 (conditions affecting transfer status), may not represent an alternate Big Ten institution in intercollegiate athletics competition until the individual has completed one (1) full academic year of residence at the alternate (i.e., certifying) Big Ten institution and shall be charged with the loss of one (1) season of eligibility in all sports.

 

I don't see anything in there about waivers being granted if the first school says it's OK. Suggesting it's as simple as PSU releasing him implies that the Big Ten has no intention of following its own transfer rules. If it's just a matter of the coach releasing him, then there is no reason for the Big Ten to have a transfer policy at all, since the NCAA policy would suffice.

I'm sure there is a waiver process in those rules somewhere (maybe not exactly in that section)

 

 

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I tend to be on the side of athletes rights.  PSU has given him his release. He is free to leave and receive scholarship money wherever he goes.

 

Since he left I don't think the school has a responsibility to assist the athlete in other areas such as a special exception to a known rule.

 

I have no problem with not endorsing an exception, but I would have an issue with not granting release.

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There are specific exceptions to the rule but no wording for "waivers".

 

2. Post Matriculation. A student-athlete that has signed a tender from a Conference institution and has triggered transfer status per NCAA Bylaw 14.5.2 (conditions affecting transfer status), may not represent an alternate Big Ten institution in intercollegiate athletics competition until the individual has completed one (1) full academic year of residence at the alternate (i.e.,

certifying) Big Ten institution and shall be charged with the loss of one (1) season of eligibility in all sports.

3. Pre- and Post-Matriculation Exceptions

a. Cancellation of Tender Due to Inadmissibility. When a prospective student-athlete is inadmissible to the institution for which a tender has been accepted, the tender shall be considered null and void and the intraconference transfer penalty does not apply.

b. Dropped Sport. When a Conference institution drops the student-athlete's sport in which the student-athlete has participated, the intraconference penalty does not apply.

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Now, I definitely have an issue with the wording regarding the loss of eligibility, and would think seeking lawyerly assistance would be wise.

 

Here is why I say this:  

 

1.)The NCAA determines Athletic Eligibility as the following:  A Student-Athlete has 5 years of eligibility to complete 4 seasons of competition per NCAA rules and regulations.

 

2.)The wording of the Big 10 Intra-Conference Transfer states the Student-Athlete shall be charged with the loss of one (1) season of eligibility in all sports.

 

It DOES NOT state a loss of 1 season of competition.  I would think this would be the key part to focus on.  This would make his still having his redshirt paramount to his chances of having 3 years of competition left.

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There may also be issues with the NLOI. I haven't looked at it lately but my understanding is that it was meant to be a 2 year guarantee by the athlete.

That having been said, I believe it might be that way because most freshmen redshirt and they would be guaranteeing one year of eligibility between NLOI schools.

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Now, I definitely have an issue with the wording regarding the loss of eligibility, and would think seeking lawyerly assistance would be wise.

 

Here is why I say this:  

 

1.)The NCAA determines Athletic Eligibility as the following:  A Student-Athlete has 5 years of eligibility to complete 4 seasons of competition per NCAA rules and regulations.

 

2.)The wording of the Big 10 Intra-Conference Transfer states the Student-Athlete shall be charged with the loss of one (1) season of eligibility in all sports.

 

It DOES NOT state a loss of 1 season of competition.  I would think this would be the key part to focus on.  This would make his still having his redshirt paramount to his chances of having 3 years of competition left.

 

Actually, that had me confused before also but they specifically say that he must take a year in residence (which is a redshirt) AND loses a year eligibility. Wouldn't make much sense for both parts to refer to the same thing.

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Actually, that had me confused before also but they specifically say that he must take a year in residence (which is a redshirt) AND loses a year eligibility. Wouldn't make much sense for both parts to refer to the same thing.

Agreed, but I am sure you know that legal jargon needs to be very specific and reasonable to understand.  I read through Insurance policies all the time.  It is amazing how often the agent or underwriter is ultimately held responsible if they didn't properly inform the Insured about what isn't in the policy that is reasonable to expect that it would be.  This is becoming more and more prevalent as they keep adding standard exceptions that need to be replaced by special, additional endorsements.

Edited by MSU158

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I do know other Big 10 athletes who have transferred within conference. Both had to sit a year immediately waiver or no waiver. I think Suriano can use his redshirt for the sit out year, but I'm not 100% certain.

 

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Agreed, but I am sure you know that legal jargon needs to be very specific and reasonable to understand.  I read through Insurance policies all the time.  It is amazing how often the agent or underwriter is ultimately held responsible if they didn't properly inform the Insured about what isn't in the policy that is reasonable to expect that it would be.  This is becoming more and more prevalent as they keep adding standard exceptions that need to be replaced by special, additional endorsements.

 

I would suggest that you used the term eligibility with the 5 year phrase but the NCAA says you have 4 years of eligibility and 5 years to accomplish it.

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I would suggest that you used the term eligibility with the 5 year phrase but the NCAA says you have 4 years of eligibility and 5 years to accomplish it.

The NCAA's specific definition is: 5 seasons of eligibility to complete 4 seasons of competition.  The words in bold are the key to me.

 

Since you would have to assume that any group under NCAA regulations(such as the Big 10) would follow this when adding anything to it, they would use the same wording.

 

That is why saying you are required to lose one season of eligibility vs. one season of competition is huge in my opinion.  If they would have said, you lose one season of competition, it would be black and white.

Edited by MSU158

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Assuming that Nick is out of PSU waiver or no waiver, I'd love to see him train and compete in FS (U23!) if he has to sit out a year.  I know he has his eyes on MMA but it would be so awesome if he developed a taste for international wrestling.

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If the Big Ten approves Suriano's waiver, he will have three years of eligibility remaining at Rutgers. If not, he will have to decide between three years outside of the nation's premier wrestling conference or two at Rutgers after sitting out his sophomore season.

 

This section was particularly interesting to me.  That seems to indicate that staying at Penn State is NOT an option for him.

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Personally - I hate all these transfer rules. I get that they don't want kids changing schools every year, especially in the big 2 (football and hoops). There is a similar rule in the ACC and Pitt had a player want to transfer to UNC as a grad student and Pitt wasn't going to agree to waive some rule (I don't know the details) and I thought it was BS on Pitt's end. They ultimately agreed to whatever they needed to agree to and he is eligible immediately. I only raise this as an example where the end result was the right thing to do. Not sure if it's even possible in the NS situation.

 

 

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did Micic lose a year when he moved from NW to Mich? Pretty sure he didn't compete for a year but not clear on whether he lost a year of eligibility or not. 

He did not lose a year.  Good point.  He redshirted his frosh year at NW then transferred to UM.  

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Maybe Nick could regain that year of eligibility if Cael gets fired from PSU.  Kidding aside, maybe he could build a case for leaving by saying that there was ambiguity in the coaching situation while Cael's contract was up over the summer.

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He did not lose a year.  Good point.  He redshirted his frosh year at NW then transferred to UM.  

Micic was able to use an Olympic RS his 1st year at Michigan. However, wasn't he also granted the waiver, so he still gets to compete for 4 seasons?

 

Cortez was not granted any/a waiver and lost a year with his transfer from Illinois to Penn State.

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did Micic lose a year when he moved from NW to Mich? Pretty sure he didn't compete for a year but not clear on whether he lost a year of eligibility or not.

I thought Micic was able to get his waiver because of the coaching change. He still sat a year but didn't lose his eligibility.

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I thought Micic was able to get his waiver because of the coaching change. He still sat a year but didn't lose his eligibility.

 

Yah, I remember one of the Flo podcasts I think they said Micic got some sort of exception from the conference because he had a full release and Drew Pariano was fired.

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PSU obviously doesn't have blocking power, but their not endorsing the process severely hinders his chances. When asking for an exception, which is what a waiver is, you really need everything and everyone to be on your side.

Are you sure about this? What do you know about the Big Ten waiver process?

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