VIRGINIA TECH ATHLETICS
PROCEDURES FOR HEARINGS ASSOCIATED WITH BYLAWS 13.1.1.3.1 AND 14.5.5.2.10-(D)

If the Virginia Tech Athletics Department denies a student-athlete either (1) "permission to contact" and/or (2) the One-Time Transfer Exception ("release"), the Compliance Office shall inform the student-athlete, in writing, that upon the student-athlete's submission of a Request for Hearing Form , a hearing will be provided.

Once the Request for Hearing Form is received in the Compliance Office, the Faculty Athletics Representative will be notified immediately that a hearing has been requested. The Compliance Office will coordinate the scheduling of the hearing with the FAR and student-athlete in a timely manner.

The hearing will be held by a Committee consisting of the Faculty Athletics Representative (chair) and two additional members from the faculty or administrative ranks of the university. All three of these individuals must be external to the athletics department.

The hearing process will be governed by the following procedures:
  1. Prior to the hearing, both parties - the student-athlete and the athletics department - may provide written information and documentation to the Committee for review.
  2. Both parties will be entitled to present the rationale for their respective positions in-person to the Committee. Presentations will be delivered at separate times, and as determined by the Committee.
  3. At the hearing, the student-athlete may be accompanied by one advisor. This individual will not be permitted to address the Committee directly, but may advise the student-athlete.
  4. Once a decision is rendered, the Compliance Office will be notified of the Committee's findings and the appropriate paperwork will be completed. The Compliance Office will promptly communicate the decision to the student-athlete.
  5. The decision of the Committee is considered to be final.
  6. Copies of relevant documents (e.g., correspondence, documentation, decision) related to the case will be kept on file in the Compliance Office.

Relevant NCAA Bylaws

Concerning "Permission to Contact"...
    Bylaw 13.1.1.3 - Four-Year College Prospective Student-Athletes. An athletics staff member or other representative of the institution's athletics interests shall not make contact with the student-athlete of another NCAA or NAIA four-year collegiate institution, directly or indirectly, without first obtaining the written permission of the first institution's athletics director (or an athletics administrator designated by the athletics director) to do so, regardless of who makes the initial contact. If permission is not granted, the second institution shall not encourage the transfer and the institution shall not provide athletically related financial assistance to the student-athlete until the student-athlete has attended the second institution for one academic year. If permission is granted to contact the student-athlete, all applicable NCAA recruiting rules apply.

    Bylaw 13.1.1.3.1 - Hearing Opportunity. If the institution decides to deny a student-athlete's request to permit any other institution to contact the student-athlete about transferring, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and nonathletics faculty/staff members). The institution shall have established reasonable procedures for promptly hearing such a request.

Concerning the One-Time Transfer Exception ("Release")...
    Bylaw 14.5.5.1 - General Rule (Four-Year College Transfers). A transfer student from a four-year institution shall not be eligible for intercollegiate competition at a member institution until the student has fulfilled a residence requirement of one full academic year (two full semesters or three full quarters) at the certifying institution.

    Bylaw 14.5.5.2.10-(d) - Nonrecruited Student Exception. If the student is transferring from a NCAA or NAIA member institution, the student's previous institution shall certify in writing that it has no objection to the student's being granted an exception to the transfer-residence requirement. If the student's previous institution denies his or her request for the release, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing conducted by an institutional entity or committee outside of the athletics department (e.g., the office of student affairs; office of the dean of students; or a committee composed of the faculty athletics representative, student-athletes and nonathletics faculty/staff members). The institution shall have established reasonable procedures for promptly hearing such a request.
Bylaw language taken from the 2005-06 NCAA Manual, pages 90, 177, and 179.