New NCAA Division I Interpretation: 4-4 Transfer — Fulfillment of Nonqualifier Residency Requirement for Practice and Financial Aid

On November 21, 2011, the academic and membership affairs issued an interpretation concerning the fulfillment of the 4-4 transfer nonqualifier residency requirement for practice and financial aid. The staff determined that “a nonqualifier who attends two four-year institutions during his or her first year of enrollment (e.g., one semester at each, one-quarter at one and two quarters at the other) may combine the terms of enrollment at the two institutions to fulfill the one-year residence requirement for practice and athletically related financial aid.” The interpretation references NCAA Division I Bylaws 14.02.13.1 (academic year of residence), 14.3.4 (residence requirement — nonqualifier), 14.5.5 (four-year college transfers), 14.5.5.1.2 (attendance for less than one academic year) and a staff interpretation (03/31/11, Item No. a).

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance offices: a) include the interpretation in the next scheduled rules-education session for the athletics staff; b) include the interpretation in the next scheduled rules-education session involving the institution’s financial aid office; and (c) make appropriate changes in the institution’s policies and procedures relating to the residency requirements for practice and financial aid.