Adjoining State Exceptions and Waiver Information

Adjoining State Rule Exceptions

Because the Certification Legislation states:  “Participants on nonscholastic teams must be legal residents of the state in which the team is located or a geographically adjoining state and not more than a total of three prospective student-athletes from adjoining states may participate on any one nonscholastic team,” an individual that does not comply with that requirement would have to be granted a Subcommittees for Legislative Relief (SLR) waiver OR an NCAA exception in order to participate on a team that does not comply. 

A team may request an exception to the adjoining state rule pursuant to the following circumstances, which must be verified by the NCAA national office:

1. A prospective student-athlete who is not an international prospective student-athlete or a student attending and living at a boarding school or two-year college shall establish and maintain a legal residence for a minimum of three months prior to participation in a certified event;
2. A prospective student-athlete may be considered a legal resident of the state in which his or her legal guardian resides, provided the legal guardianship is established in a court of law, the prospective student-athlete resides with the guardian and the guardianship is permanent. In addition, the prospective student-athlete shall establish and maintain such residence for a minimum of three months prior to participation in a certified event;
3. If a prospective student-athlete provides documentation to show that state residency requirements have been met even though he or she has not maintained residency in the state for the minimum period of three months, the prospective student-athlete may be considered a resident of the state;
4. An international prospective student-athlete may be considered a legal resident of the state in which his or her host family resides, provided the prospective student-athlete is a participant in an official educational exchange program;
5. An international prospective student-athlete who is not a participant in an official educational exchange program may be considered a legal resident of the state in which his or her host family resides if the prospective student-athlete attended high school in the locale of the host family's residence for a minimum of one academic year;
6. A prospective student-athlete who attended and lived at a boarding school or two-year college for a minimum of one academic year may be considered a legal resident of the state in which the educational institution is located; or
7. If a nonscholastic team that includes prospective student-athletes from a metropolitan area located on a state border, the team may include more than three team members from adjoining states, provided each additional participant resides within the metropolitan area.

To apply for a waiver or exception, the following form will need to be completed and submitted (via the button on the form).

Adjoining State Waiver/Exception Application

 

Adjoining State Rule Waiver

If the circumstances do not meet one of the above exceptions, an actual waiver of the bylaw will be needed.  Historically, the committees have indicated to the NCAA Division I Legislative Council Subcommittee for Legislative Relief that relief from the strict application of the legislation should be granted only in situations in which no permissible team exists that will allow a prospect the opportunity to participate in any NCAA-certified event.  A waiver is usually not granted to allow an athlete to play with the team that they prefer to play with or to allow the athlete to attend specific NCAA-certified events, but to provide those who have no opportunity to participate in any NCAA-certified event a chance to participate. 

Waiver requests are reviewed on a case-by-case basis.  Only someone in the NCAA membership (an institution, conference or committee) can request a waiver.  A waiver can be submitted in either of the following ways:

1. The individual needing the waiver can find an institution or conference to submit a waiver request on their behalf.  Institutions and conferences should have some familiarity with the waiver application process, but in most cases, they will not think of it in context of a prospective student-athlete.  However, it would apply to the certification legislation that restricts the prospect’s participation.  Just be aware that when you approach the institution/conference, they may initially be confused as to why someone associated with a prospective student-athlete would be contacting them about an SLR waiver.  Information about the waiver process is available here using the following link:   Legislative Relief Waivers (CLR/SLR)  [Note: Only NCAA members will be able to access the link and they will have to be logged in to ncaa.org for the page to display].   
2. The individual needing the waiver can complete and submit the Adjoining State Waiver/Exception Application (via the button on the form).  You will have to document in detail the extenuating circumstances that you believe justifies the need for a waiver/exception.  If you need to send additional supporting documentation, it can be emailed to process-BBCert@ncaa.org.

The Basketball Certification staff will work with the liaison and chair of the Basketball Issues Committees to officially submit a waiver on behalf of the prospect, since committees are one of the bodies permitted to file a waiver request.

 

Application:

Adjoining State Waiver/Exception Application

 

Likelihood of Obtaining a Waiver

Historically, the relief from the strict application of the legislation has been be granted only in situations in which no permissible team exists that will allow a prospect the opportunity to participate in any NCAA-certified event.  A waiver is usually not granted to allow an athlete to play with the team that they prefer to play with or to allow the athlete to attend specific NCAA-certified events, but to provide those who have no opportunity to participate in any NCAA-certified event a chance to participate.  

To date, there have been less than 10 waivers granted.  Most waiver request are not approved because the committee is supportive of the strict application of the rule, but if you believe that one is warranted, you would be encouraged to start the wavier process as early as possible to allow for processing prior to scheduled participation. 

 

What is a (Sub)Committee for Legislative Release (SLR) Waiver?

The NCAA Divisions I and III Subcommittees for Legislative Relief (SLR) and the NCAA Division II Committee for Legislative Relief (CLR) were created in 1993 as a response to the membership’s desire for more rules flexibility.  These waiver groups were originally established as subcommittees of the NCAA Divisions I, II and III Management Councils to review the application of NCAA legislation in cases where the circumstances are extraordinary in nature (Divisions II and III NCAA Bylaw 5.4.1.7, Division I Bylaw 5.4.1.3). 

In April 2008, the Administrative Review Subcommittee was renamed in each division as a result of governance structure changes:

•     NCAA Division I Legislative Council Subcommittee for Legislative Relief (SLR).

•     NCAA Division II Committee for Legislative Relief (CLR).

•     NCAA Division III Management Council Subcommittee for Legislative Relief (SLR).

NCAA member institutions, conferences and committees/subcommittees may apply for a CLR/SLR waiver when no other committee/subcommittee has the authority to waive specific NCAA legislation for extenuating/extraordinary circumstances.