Chapter 3359-48 Athletics and Academic Assistance

3359-48-01 Coaching and departmental information.

(A) Awards for varsity letter winners.

(1) Award procedure.

At the completion of their regular schedules, all head coaches will submit a list of athletes eligible for awards to the office of the director of sports information. Athletes who have lettered will pick up their various letter awards from the athletic equipment manager after the season's banquet. In addition, a list of special award winners must be submitted to the office of the director of sports information at least one week prior to the season's banquet. Those special awards will be distributed to the athletes at the season's banquet. Please review recent banquet programs for a listing of these awards. Any coach wishing to initiate an additional special award must obtain approval from the athletic director.

(2) Athlete, manager, and trainer awards.

The following awards will be presented upon completion of a varsity season of competition:

(a) Varsity awards:

Participation

Male

Female

        

First year

Windbreaker

Windbreaker

Second year

Jacket

Jacket

Third year

Blanket

Blanket

Fourth year

Watch

Watch

(b) The initial recommendation for award consideration must be made by the head coach of the sport in which the student has engaged.

(c) All final recommendations for awards shall be made through the director of athletics.

(d) The requirements for earning a letter shall be at the discretion of the head coach of each sport. However, there shall be the following stipulations:

(i) An award is a special accomplishment for performance during a contest. The determining factor for earning an award is playing time.

(ii) The respective head coach for each sport shall determine how much playing time is needed.

(iii) All seniors who have participated for four years may earn an award regardless of playing time.

(iv) A coach may recommend an award be granted to an athlete whose potential for outstanding performance has been interrupted for reasons of injury or illness. Such a recommendation by a coach will have to be accompanied by strong supportive evidence.

(v) Each head coach shall turn in their requirements for earning a letter to the office of the director of athletics.

(vi) A student must maintain academic eligibility throughout the semester of his/her regular competitive season.

(vii) A student-athlete may win only one award per academic year. A second award will be in the form of a certificate.

(e) General requirements pertaining to all athletic awards should be:

(i) The student must represent himself/herself, the sport, the program, and the university in a creditable and complimentary manner.

(ii) Student must adhere to all university, program, and team rules and regulations.

(iii) Student must demonstrate a genuine interest in and dedication to amateur athletics and his/her sport.

(iv) Student must be a full-time student making normal progress toward a degree.

(v) Student must maintain academic eligibility throughout the semester(s) of his/her competition.

(vi) Transfers from four-year institutions and junior colleges who have lettered at those institutions will continue to receive their successive letter awards as if they began their careers at the university of Akron. In the case of a junior college transfer who has lettered in a particular sport at the junior college, the athlete has a choice of the "A" blanket or "A" jacket, providing he/she meets the requirements of earning a letter.

(f) Individual sports awards. The following format shall be used as a basis for individual incentive type awards for each sport:

(i) A most valuable player award (touchdown club award).

(ii) A captain's award.

(iii) Each coach may designate other categories of awards, not to exceed four awards.

(3) Banquets.

Banquets honoring respective athletic teams and individuals will be arranged through the athletic director's office and all institutional events will comply with national collegiate athletic association (NCAA) restrictions. Dates and times of banquets will be announced in advance with consultation of coaches. Players, coaches, and other support staff will be invited with the approval of the director of athletics. Guests will be admitted at a minimal charge. Banquets are a budget item.

(B) Car coach program.

The athletic department supervises a "car-coach" program for athletic personnel provided with a courtesy car through area car dealers. The responsibility for the maintenance of this car rests entirely with the designated athletic representative who is entrusted with the privilege. The director of athletics will determine allocation of all courtesy cars. It is incumbent upon each courtesy car recipient to maintain good relations with his/her respective dealership. Agreements as to use, mileage, and duration of service, are at the sole discretion of the respective dealership. All cars must be returned immediately upon request. However, no athletic representative may participate in the program without first obtaining a one-million dollar automobile liability policy to indemnify the university. A current record of the policy must be on file with the director of athletics. Failure to secure a liability policy in said amount will terminate individual use of a car though this program.

(C) Cheerleaders.

The university of Akron cheerleaders are a departmental organization open to all full-time students in good academic standing. The program is directed through the university of Akron's athletic department. The assistant athletic director is the advisor for the group. Responsibilities will include the coordination of the cheerleading unit for the calendar year and overall direction and implementation of all activities. Responsibility for practice and game supervision will be delegated each season by the advisor to a designated coach. Male and female students comprise the Zip cheerleaders. The zip mascot, "Zippy," is also under the direction of the athletic department.

Tryouts are held in the second semester (normally late spring) of each school year at the JAR arena. High school seniors who are eligible to enter the university of Akron in the fall semester are also welcome to attend. A listing of the judging criteria is published four weeks prior to the selection date. Practice dates with coaching supervision are provided at the university of Akron in advance of tryouts. Non-partisan judges are selected to choose the squad.

(D) Dance squad.

The university of Akron dance squad is a departmental organization open to all full-time female students in good academic standing. The program is directed through the university of Akron's athletic department. The assistant athletic director is the advisor for the group. Responsibilities will include the coordination of the dance squad for the calendar year and overall direction and implementation of all activities. Responsibility for practice and game supervision will be delegated each season by the advisor to a designated coach. The zip dance squad is comprised of female students.

Tryouts are held in the second semester (normally late spring) of each school year at the JAR arena. High school seniors who are eligible to enter the university of Akron in the fall semester are also welcome to attend. A listing of the judging criteria is published four weeks prior to the selection date. Practice dates with coaching supervision are provided at the university of Akron in advance of tryouts. Non-partisan judges are selected to choose the squad.

(E) Contest and travel squad allowances.

The following is a list of NCAA sanctioned and university approved travel squad and contest limitations. Coaches are to strictly adhere to these provisions. NCAA legislation controls playing and practice seasons during the academic year. This period must be defined by each respective coach and be on file in the director of athletics office prior to the initial practice session.

  

Maximum contests or dates

Players

Manager

Trainer

Other*

Coaches

Total

Baseball

70 contests[DRAGGER]

22

1

1

3

2

29

Basketball

28 contests

15

1

1

1

3

21

Cross Country

9 dates

8

1

     

1

10

Football

11 contests

64

3

3

7

11

88

Golf

28 dates

7

        

1

8

Riflery

14 dates

8**

        

1

9

Soccer

22 contests [DRAGGER][DRAGGER]

18

1

1

  

2

22

  

6 dates [DRAGGER][DRAGGER][DRAGGER]

                 

Softball

60 contests

22

1

1

1

2

27

Tennisi±

30 dates ***

9

1

     

1

11

Track ±±

24 dates

25

1

     

2

28

Vollevball

32 dates [DRAGGER][DRAGGER]

12

1

1

2

2

18

  

6 dates [DRAGGER][DRAGGER][DRAGGER]

                 

[DRAGGER] (with no more than sixty during the traditional segment)

[DRAGGER] [DRAGGER] (during the traditional segment)

[DRAGGER] [DRAGGER] [DRAGGER] (during the non-traditional segment)

± (including not more than ten individual singles or doubles tournaments that are counted as single dates of competition)

±± (indoor/outdoor)

* As approved

** Lake Erie match ( sixteen allowed)

*** Tournaments count as one date

(F) Athletic equipment room policy.

(1) Equipment issue and laundry policy.

(a) Athletic equipment and laundry service will be provided to varsity athletic teams only.

(b) The following sports will be stored in JAR equipment room:

Men's/women's cross country, men's/women's track, volleyball, golf men's/women's tennis, men's/women's basketball. Softball, baseball, riflery. soccer (MH)

Football, as well as the athletic laundry, will be housed at Buchtel field.

(c) The issuance of equipment and clothing is restricted to the number of athletes in each sport as indicated below:

Men's/women's cross country

15 athletes

Men's/women's basketball

17 athletes

Baseball

30 athletes

Softball

30 athletes

Football

130 athletes

Golf

12 athletes

Men's/women's tennis

15 athletes

Men's/women's track

40 athletes

Volleyball

18 athletes

Soccer

30 athletes

(2) Equipment issue and recovery procedures.

(a) Athletic equipment that is issued will be recorded on equipment cards by equipment room attendant.

(b) Each athlete will be issued practice equipment and mesh laundry bag if approved by their respective coach.

(c) Special equipment and clothing will be issued on a required basis. Laundry service will be provided at least once per day.

(d) Dirty items will be prepared for laundering by the athlete. The manner of preparation will be determined by the equipment room personnel. Clean clothing will be distributed from the equipment room.

(e) All equipment issued must be returned within three days of the end of the season or when the coach informs the athletic equipment manager that the athlete is no longer on the team. It is the athlete's responsibility to see that the equipment issued is returned to the proper place in the equipment room in good condition. At this time, any lost or damaged equipment or clothing will be evaluated and the athlete will be notified of the action that will be taken for lost or damaged equipment or clothing.

(f) Failure to return equipment or clothing will result in university action in the form of a financial hold on records and transcripts.

(3) Any item of equipment or clothing which is lost or damaged through neglect and/or modification by an athlete, will be charged to the respective athlete. Failure to pay for the item will result in university action in the form of a financial hold on records and transcripts. The only person authorized to modify equipment or clothing is the athletic equipment manager.

Replaces: 3359-48-01

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 05/22/91

3359-48-02 Academics and admissions.

(A) Athletic academic assistance.

(1) Purpose.

The university of Akron athletic department has developed a separate program to assist student-athletes in successfully obtaining a degree and ultimately satisfy their career objectives. The thrust of the program is to assist and coordinate with various academic auxiliaries and instructional personnel available resources for the student-athlete. Accurate record keeping, charting of academic progress, and NCAA rule compliance will also be monitored. However, the ultimate responsibility for athletic eligibility rests with the student-athlete and his/her respective coach.

The coordinator for academic advising for student-athletes shall serve as a liaison between the athletic department and all faculty, staff, and university personnel regarding academic concerns and procedures. Coaches are explicitly prohibited from making contact with faculty and university administrative and academic personnel regarding academic matters unless contacted directly by a faculty member. All academic services provided by the athletic department shall be in total compliance with our institutional responsibility as it relates to conference and NCAA rules, regulations, agreements, precedents, and published interpretations.

(2) Academic standards.

Every student-athlete who participates in intercollegiate athletics becomes a member of a team. By accepting this privilege of team membership, student-athletes accept the following responsibilities in addition to their regular responsibilities as students.

The major purpose of the athletic department is to have each student-athlete pursue and obtain an academic degree. Student-athletes have the responsibility of attending class on a regular basis, of completing all classroom assignments, and of conducting themselves in all academic matters in ways that are consistent with acceptable classroom performance. The student-athlete is required to meet all university and college academic requirements as well as the eligibility rules of the university, NCAA, and conference. Although academic progress and eligibility are monitored by the athletic department, it is the responsibility of the student-athlete to insure that applicable requirements are being met.

If students have questions regarding eligibility requirements, they should consult with the coordinator of academic advising for student-athletes. Important academic requirements include the following items:

(a) To be eligible to practice or compete, all student-athletes must be registered for a minimum of twelve semester hours.

(b) Freshmen must maintain a minimum grade-point average their first semester of residence in order to be eligible for competition the second semester.

(c) In order to be eligible for competition and grants-in-aid, student-athletes must meet additional requirements.

(i) A minimum of twenty-four semester hours which count toward the student's degree requirements with a 1.800 grade-point average at the start of the sophomore year.

(ii) A minimum of forty-eight semester hours which count toward the student's degree requirements with a 2.00 grade-point average at the start of the junior year.

(iii) A minimum of seventy-two semester hours which count toward the student's degree requirements with a 2.00 grade-point average at the start of the senior year.

(iv) A minimum of ninety-six semester hours which count toward the student's degree requirements with a 2.00 grade-point average at the start of the fifth year.

(B) Admissions.

The following admission guidelines have been established for student-athletes:

(1) New freshmen must be admitted and registered no later than the first day of the term.

(2) Transfer students must be admitted no later than the fifth class day of the term.

(3) An out-of-state student-athlete who does not meet the recommended admission guidelines must be eligible to receive financial aid, based on NCAA eligibility requirements, to be admitted to the university of Akron. [NCAA bylaw 14.3 ]

(4) The following itemized list should aid in processing student-athletes for admission to the university of Akron.

(a) Admissions will send an application to potential scholarship athletes upon request.

(b) If the athlete's scholarship pays room and board, inform admissions so they can write "football (sport example) athlete" at the top of the application. The admissions office will send admit letter which addresses the athletic scholarship.

(c) All new freshmen and transfer students must attend an orientation program. This program includes academic advising and course registration.

(d) In order to schedule student-athletes to come at a particular time (all in the same week, for example), contact the admissions office. A "block" of appointments will be reserved.

(e) The admissions office will mail promotional literature about the university to recruits. (This is a required regulation by the NCAA.) To receive such items, send student's name, address, high school, year of graduation, and intended college major (if possible) to the admissions office.

(f) Campus profiles are available free. If a supply of viewbooks is needed, they must be ordered in April. The department will be billed for the viewbooks ordered.

(g) The admissions officers are happy to talk to any prospective athletes. It is helpful if they are called ahead of time (extension 7077) so they know a little about the student.

(h) For questions regarding a student's qualifications for admission, contact the assistant athletic director, who in turn will communicate with admissions.

(5) Application procedures.

The appropriate process should be followed depending on the incoming student's status.

(a) New freshman (a high school graduate who has never attended college):

Applications for non-Ohio residents are reviewed separately. An admissions officer can help with the criteria. The university of Akron administers a residual ACT once a month. This test is for students who will attend the university of Akron, but have not taken the ACT. Registration forms are available in the admissions office. This residual test will not satisfy NCAA core-course compliance standards.

(i) The student-athlete must submit a completed application with the non-refundable processing fee. (This fee is NOT waived for scholarship student-athletes.)

(ii) The student-athlete must request a high school transcript and ACT or SAT scores to be sent to the admissions office.

(iii) Once all credentials are received, the admissions office will review the application and send the appropriate letter. Admitted students will be assigned an orientation date.

(b) Transfer (a high school graduate who has attended one or more regionally-accredited colleges):

Note: multiply quarter hours by two-thirds to convert to semester credits (example: forty-five credits times two-thirds equals thirty semester credits).

A high school transcript and ACT/SAT results are required only if the transfer has completed less than twelve credits.

Admissions standards for particular colleges differ. Please consult an admissions officer for specific details.

(i) The student-athlete must submit a completed application with the non-refundable processing fee.

(ii) The student-athlete must request official transcripts from all colleges attended and have each sent to the admissions office.

(iii) Once all credentials are received, the admissions office will review the application and send the appropriate letter. Admitted students will be assigned an orientation date based on their college (arts & sciences, engineering, education, business administration, fine & applied arts, or nursing) and will meet with their assigned academic adviser during the transfer orientation program.

(6) Athletic eligibility lists - rules and regulations.

The athletic eligibility lists must be submitted to the registrar's office by the assistant athletic director.

(a) Each list should be submitted six weeks prior to the date of the first competition for each sport.

(b) Each list should be in alphabetical order and should include the potential athletes' social security numbers.

(7) Freshmen eligibility.

To be eligible to receive an athletic grant-in-aid, practice and compete all freshmen at the university of Akron must be determined a qualifier by NCAA clearinghouse pertaining to NCAA bylaw ( 1.2 ). These requirements include:

(a) A minimum of thirteen core courses with at least four years of english, two years of math at the level of algebra I or higher, two years of natural or physical science (including one laboratory course), two years of social science, one additional year of courses in english, math or natural or physical science and two additional years designated courses.

The record of the above courses and course grades must be certified by the initial-eligibility clearinghouse using an official high school transcript or official correspondence forwarded directly from the high school or upon a high-school transcript forwarded by an institutions admissions office, and

(b) A minimum combined score on the SAT verbal and math sections or a minimum sum score on the ACT as specified in bylaw 14.3.1.1.1. The required SAT or ACT score must be achieved under national testing conditions on a national testing date (i.e. no residual campus testing or regional testing dates).

International students must meet the NCAA initial eligibility requirements established for their respective country's school system. Reference the NCAA guide to "International Academic Standards for Athletic Eligibility."

(8) Freshman ineligibility

A freshman who does not meet the requirements of NCAA bylaw (14.3) is ineligible to practice or compete for one academic year (fall/spring semesters). The student must be in residence that one academic year and pass twenty-four hours of semester coursework (no duplicate credit) and achieve at least an overall 1.800 grade-point average.

(9) Full-time status.

(a) A student must be enrolled for at least twelve semester credits.

(i) Co-op students are considered full-time students under certain published criteria.

(ii) Credit equivalency for developmental courses may be used to satisfy full-time enrollment requirements. However, a student-athlete may receive credit for only a maximum of twelve "developmental" hours of coursework. Completion of all developmental work must occur within the student-athlete's freshman year in school.

(iii) Courses enrolled for a "repeat-for-change-of-grade" basis may be used to satisfy enrollment requirements, but can only be used to satisfy the twenty-four semester hours requirement between competitive seasons once.

(10) Normal academic progress rule.

Eligibility for regular-season competition after the student's first academic year in residence or after the student has used one season of eligibility in a sport shall be based on:

(a) Satisfactory completion of an accumulative total of semester credits which is equivalent to the completion of an average of at least twelve semester credits during each of the previous academic terms in academic years in which the student has been enrolled, or

(b) Satisfactory completion of twenty-four semester credits of acceptable degree credit since the beginning of the student's last season of competition.

(i) Effective fall 1983, developmental courses will count toward the twenty-four credits needed for normal progress by virtue of a policy change which makes developmental courses mandatory in the freshman year.

(ii) Bypass credit, advanced placement and military credit can be used to satisfy the twenty-four credit rule.

(iii) Transient credit with proper authorization can be used to satisfy the twenty-four credit rule.

(iv) Repeat for change of "D" grade:

If a student-athlete repeats a course in which a grade of "D" was earned, only one attempt will count toward normal progress.

If original "D" course was counted toward normal progress, the second attempt cannot be used.

If original "D" course did not count toward normal progress, the second attempt may be counted.

(11) Five-year limit.

A student-athlete must complete four seasons of eligibility within five calendar years from initial date of full-time enrollment.

(12) Transfer students.

A transfer student from a four-year institution shall not be eligible until the student has fulfilled a residence requirement of one full academic year (two full semesters), passed twenty-four semester credits, and one full calendar year has elapsed from the first regular registration and attendance date at this institution.

The following exceptions apply to transfer student eligibility:

(a) A transfer student from a junior college who graduated from high school as a qualifier is immediately eligible if he/she:

(i) Graduated from a junior college, or

(ii) Has completed forty-eight/seventy-two hours of transferable degree credit with a 2.00 grade-point average (see NCAA manual) (excluding summer sessions) and all junior college work is degree applicable.

(b) A transfer student from a junior college who did not graduate from high school as a qualifier is immediately eligible if he/she graduated from a junior college and completes forty-eight/seventy-two hours of transferable degree credit with a 2.00 grade-point average (see NCAA manual).

(c) A transfer student from a four-year school is immediately eligible if he/she:

(i) Transferred from a branch campus which did not have an athletic program.

(ii) Transferred from an institution which discontinued the sport in which the student participated.

(iii) The student qualifies under the exempt sports enumerated in NCAA legislation.

For other exceptions for student-athletes who have transferred from either an American or foreign institution, please contact the assistant athletic director for compliance.

(13) Information.

A student seeking admission to the university of Akron should apply or write to the "Office of Admissions, 166 Fir Hill, The University of Akron, Akron, Ohio 44325-2001," or phone (330) 972-7100. The student seeking admission to the graduate school should communicate directly with the "Graduate School, 138 Fir Hill, The University of Akron, Akron, Ohio 44325-2101" or phone (330) 972-7663. Law school information is available from the "School of Law, Grant and East Center Streets, The University of Akron, Akron, Ohio 44325-2901," or phone (330) 972-7331.

(14) Course progress checks.

All student-athletes will have regular grade report checks completed by each instructor. Periodically in the semester, the office of academic advising for student-athletes will coordinate receipt of academic information relating to student-athletic grades, absences and other pertinent academic information. Each coach will be given a composite of their individual report and should meet with the coordinator of academic advising for student-athletes as well as the athletic administrator in charge to review problems. At no time is any coach to have contact with instructors regarding a student-athlete's academic standing.

(15) Classroom locations.

Consult the campus map and legend on the front cover of the current schedule of classes bulletin for the abbreviations and locations of all facilities. Room assignments are listed in this schedule of classes bulletin. Room changes will be posted near the door of the original classroom.

Replaces: 3359-48-02

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 5/22/91, 08/06/01

3359-48-03 Athletic policy.

(A) Statement on athletics.

The mission of the department of athletics is to provide opportunities for competition in intercollegiate athletics and in doing so, to support the educational mission of the university of Akron. Competitive athletic programs can contribute significantly to the learning and development of students and all university athletic programs are designed to be in harmony with the essential educational objectives of the institution. Intercollegiate competition in organized athletics helps to foster an enthusiastic sense of shared allegiance and collegiality among students, faculty, staff, alumni, and the greater Akron community.

Academics: The student-athlete is first and foremost a student. The university of Akron is committed to being an environment of teaching and learning that fosters the development of students and the understanding that the assumption of personal responsibility is at the heart of the educational experience. All student-athletes must make a total commitment to academic integrity.

Student life: Student-athletes are integrated into the student body and thus held to the same standards of conduct as all other students. As such, each student-athlete has the responsibility to fulfill clear expectations related to academics, athletics, rules compliance, community service and citizenship.

Coaching staff: The university will maintain a coaching staff of men and women who represent the best in athletics instruction and who possess the ability to motivate and inspire the student-athletes. Coaches are primarily teachers. They share with the members of the university community the responsibility to educate, train, and assist in the formation of students entrusted to them. Coaches are expected to abide by the highest standards of personal conduct, and are expected to be role models for their student-athletes in how to pursue success with integrity.

Athletic administration: The department of athletics will endeavor to maintain a high-quality, competitive athletics program within the financial resources available and consistent with the academic mission of the university. The department strives to ensure all constituents are treated with courtesy, professionalism and hospitality whenever at an athletic venue.

Conclusion: The department of athletics vigorously works for excellence in all areas and strives for balance within its athletics programs. The university's intercollegiate athletics programs are intended to encourage in their participants a desire for excellence, respect for teammates and opponents, fair play, teamwork, leadership, perseverance, integrity and physical fitness. Athletics provides opportunities for student-athletes to understand the rewards that come from dedication to a larger purpose and to develop their personal, physical and intellectual skills. The achievements on the field, on the court, in the community and in the classroom will continue as university of Akron student-athletes, coaches and staff share in the commitment that our proud tradition be maintained. Athletics shares with the university a commitment to cultural diversity and equal opportunity for men and women, wide participation in intercollegiate athletics, and, in these and in all other respects, adheres to the principles that govern the "NCAA," "Mid-American Conference," and the university of Akron.

"Code of Ethics":

Student-athletes are expected to conduct themselves with integrity, sportsmanship, honesty, pride, and humility.

The purpose of intercollegiate athletics is to provide an opportunity for student-athletes to develop their potential as a skilled athlete in an educational setting.

The university of Akron has a highly visible and successful division I NCAA and MAC intercollegiate program. The student-athletes public exposure in the competitive arena and the media place them among the most visible groups in the university community, the city of Akron, Summit County, and the state of Ohio. What they do and the way they do it is often highlighted, placing them in a public position, which requires exemplary behavior.

University of Akron student-athletes are totally responsible for their own behavior. They are expected to obey the laws, rules, and regulations of all these "communities." If student-athletes violate these laws, they must be prepared for the penalties that may be imposed through the university student code of conduct.

A student-athletes behavior has a definite impact on the reputation of the athletic department and on the attitude that the surrounding communities have toward student-athletes in general.

The conduct of the student-athletes will be closely scrutinized as they sit in the classroom, as they compete on-campus, as they travel, and as they compete off-campus. Student-athletes will be looked upon as role models, particularly by young children, and it is important that their personal conduct be above reproach at all times.

(B) Ethical conduct.

All student-athletes shall deport themselves with honesty and sportsmanship at all times so that intercollegiate athletics as a whole, the university of Akron and they, as individuals, shall represent the honor and dignity of fair play and the generally recognized high standards associated with wholesome competitive sports.

A student-athlete who is found to have engaged in unethical conduct shall be ineligible for intercollegiate competition in all sports. Unethical conduct consists of, but is not limited to:

(1) Fraudulence in connection with entrance or placement examinations;

(2) Engaging in any athletics competition under an assumed name or with intent otherwise to deceive;

(3) Dishonesty in evading or violating NCAA regulations;

(4) Knowingly furnishing the NCAA or the individual's institution false or misleading information concerning the student's involvement in or knowledge of a violation of NCAA regulations.

(C) Complimentary tickets - varsity athletes.

University of Akron student-athletes will receive four complimentary admissions for each home contest in their respective sport. Complimentary tickets to away contests will be limited and based on availability.

Prior to each contest, the competing student-athlete must designate the names of family members, relatives or fellow students through a pass list provided by the coaching staff. Under NCAA regulations, no more than one of the four complimentary admissions available to the student-athlete may be provided to anyone other than family members, relatives, or fellow students (i.e., a "wild-card" admission). A fellow student is defined as anyone attending a four-year collegiate institution.

In addition to a student-athlete's own family members, relatives, or fellow students, specific family members or relatives of a teammate are permitted to use the student-athlete's complimentary admissions if so designated. Teammates may not utilize another student-athlete's one "wild-card" admission (that is, a person other than a family member, relative, or fellow student).

Designees of the student-athlete should report to the designated player pass gate with proper identification to gain admission. Failure by the student-athlete to sign up for complimentary tickets on the pass list prior to the contest will result in their guests having to purchase tickets.

Under no circumstances will complimentary tickets be issued to student-athletes.

(D) Agents.

An individual shall be ineligible for participation in an intercollegiate sport if he/she ever has agreed (orally or in writing) to be represented by an agent for the purpose of marketing his/her athletic ability or reputation in that sport. Further, an individual shall be ineligible for intercollegiate competition if he/she enters into a verbal or written agreement with an agent for future professional sports negotiations that are to take place after the individual has completed his/her eligibility in that sport.

Likewise, an individual shall be ineligible if he/she (or his/her relatives or friends) accepts transportation or other benefits from any person who wishes to represent the individual in the marketing of his/her athletic ability.

(E) Professional sports counseling panel.

To enable student-athletes to resolve the complexities of professional contracts and the regulation of agents, the university of Akron has formed a professional sports counseling panel. This group functions under the provisions of NCAA bylaw (12.3.4) and is intended to assist student-athletes in making decisions regarding professional contracts, provide a realistic appraisal of his/her potential for becoming a professional athlete, and regulate activity of agents and professional teams.

It is permissible for an authorized institutional professional sports counseling panel to:

(1) Review a proposed professional sports contract.

(2) Advise a student-athlete about a future professional career.

(3) Provide direction on securing a loan for the purpose of purchasing insurance against a disabling injury.

(4) Meet with the student-athlete and representatives of professional teams.

(5) Communicate directly (e.g. in-person, by mail or telephone) with representatives of professional athletics team to assist in securing a tryout with that team for the student-athlete.

(6) Assist the student-athlete in the selection of an agent by participation with the student-athlete in interviews of agents, by reviewing written information player agents send to the student-athlete and by having direct communication with those individuals who can comment about the abilities of an agent (e.g. other agents, a professional league's player association); and

(7) Visit with player agents or representatives of professional athletics teams to assist the student-athlete in determining his or her market value (e.g. potential salary, draft status).

(8) Student-athletes should consult the director of athletics office regarding the professional sports counseling panel or questions involving agents and professional contracts.

(F) Gambling activities.

Staff members of the athletics department and student-athletes shall not knowingly:

(1) Provide information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;

(2) Solicit a bet on any intercollegiate team;

(3) Accept a bet on any team representing the institution;

(4) Participate in any gambling activity that involves intercollegiate athletics through a bookmaker, a parlay card or any other method employed by organized gambling;

(5) Solicit or accept a bet on any intercollegiate competition for any item (e.g. cash, shirt, dinner) that has tangible value.

(G) Housing.

(1) On-campus: returning student-athletes will be notified by the housing office during the spring semester to pick up housing contracts in the residence hall office. Students should indicate roommate and location preference on the contract and return it to the housing office by the indicated due date. Non-scholarship housing student-athletes will need to make a specified deposit by the due date. Upperclassmen have first choice of housing location.

(2) Off-campus: student-athletes who wish to live off-campus should seek permission from their head coach prior to the last day of classes of the spring semester. The head coach will notify the athletic department administrator in charge of housing of the change.

(3) Living allowance: if the student-athlete has been awarded an athletic living allowance, he/she may pick up a check in the accounts receivable office on or after the first of each month.

(4) Residence hall fees: if the student-athlete's athletic award covers residence hall costs, the residence hall bill will be paid automatically. If the athletic award covers only part of the residence hall costs, it will be necessary for the student-athlete to pay the balance by the due date.

(H) Insurance.

The risk of injury or illness is always present whether a student is engaged in intercollegiate athletics or not. Although a diligent effort is made by the athletic department to minimize the risk of athletic injuries to students, there is always the possibility of injury through participation in a sports activity. Therefore, the university of Akron has adopted insurance policies to complement existing family plans and other available forms of insurance. University policy forbids payment for any expenses related to injury or illness which is not sustained as a result of authorized athletic pursuits. The university of Akron insurance policy is as follows:

(1) A university of Akron student-athlete is covered under the athletic department's sponsored accidental medical insurance program which provides benefits in the event of an accidental injury during an intercollegiate, organized sports activity.

(2) The university of Akron intercollegiate athletic insurance coverage is considered secondary. A claim cannot be submitted under the university of Akron's policy until all other valid and collectible group medical insurance policies (such as parental insurance coverage through the parent's personal or place of employment under which the student-athlete is insured as an eligible dependent) has been resolved. All bills received from providers of service (doctor, hospitals) that relate to an injury must be submitted to the student's or his/her parent's insurance company first.

(3) In the event a balance remains after the insurance company has made full payment, the bill must be submitted with the remaining balance and copies of any insurance company payments to the athletic business office. In the case of bills denied (or partially denied) by the student's or his/her parent's insurance carrier, send the insurance letter of denial along with the itemized bills to the athletic business office within ninety days of when service was provided to prevent the claim's referral to a collection service.

(4) All student-athletes must complete the insurance information form. This form provides the necessary information to secure secondary coverage. Student-athletes may not practice or compete until the insurance information form is completed.

(5) The university of Akron cannot pay for injuries that are not a sports specific injury. The university does not pay for accidents and/or illnesses not related to athletics. The university is not liable for injuries (athletic or otherwise) which occur during unsupervised, unprogrammed hours, whether this occurs on or off campus.

(6) Processing insurance claims.

(a) Student must submit insurance claims to his/her own insurance company immediately upon receipt of bills from the doctor, hospital, or any other provider of service.

(b) If student has no personal, family, or work related insurance, or if his/her insurance does not cover the entire claim, the claim and all pertinent invoices should be sent along with a letter of denial to the athletic business office.

(c) The balance of the claim will be submitted to the athletic insurance carrier for payment. Submit all unpaid or denied claims to the business office within ninety days of service.

(I) Eligibility for competition.

(1) Eligibility for competition subsequent to the student-athlete's first academic year in residence or after the student-athlete has utilized one season of eligibility in any sport at the certifying institution shall be determined by the student-athlete's academic record in existence at the beginning of the fall term of the regular academic year, based upon:

(a) Satisfactory progress prior to each fall term of a cumulative total of academic semester hours equivalent to an average of at least twelve semester hours during each of the previous academic terms in academic years in which the student-athlete has been enrolled in a term or terms; or

(b) Satisfactory completion of twenty-four semester hours of academic credit since the beginning of the previous fall term, seventy-five per cent of the hours must be completed before the summer semester. A maximum of six hours may be used for satisfactory progress during the summer semester.

(2) Terms under which eligibility is to be continued:

(a) A student-athlete shall not participate in intercollegiate athletic competition unless the student-athlete has achieved the following minimum accumulative grade-point average, based on the maximum 4.0:

(i) During each term of the first year of enrollment: 1.800

(ii) During each term of the second year of enrollment: 1.800

(iii) During each term of the third year of enrollment: 2.000

(iv) During each term of the fourth year of enrollment: 2.000

(v) During each term of the fifth year of enrollment: 2.000

(3) At least twelve semester hours of credit must be scheduled and attempted during the season of competition and/or practice. A senior student-athlete in their last semester of coursework need only complete those hours necessary to earn that particular degree regardless if the number is less than twelve.

(4) A minimum of twenty-four semester hours must be earned during the freshman year; seventy-five per cent or eighteen hours must be completed prior to the summer term. Only six hours may be taken during summer sessions to meet the satisfactory progress requirement to maintain eligibility and athletic financial aid. By the end of the sophomore year (maximum of six credit hours in summer sessions), a student-athlete must earn a minimum of forty-eight semester hours to maintain eligibility and financial aid. At the end of the junior year, the total of new completed hours must total seventy-two earned hours. If a student-athlete returns for a fifth year, a minimum of ninety-six semester hours must be earned. A student-athlete completing eligibility as a graduate student must meet full-time graduate enrollment.

(5) A minimum grade-point average must be maintained for enrollment (see scale above). After four semesters, a student-athlete must maintain a minimum 2.00 grade-point average.

(J) Freshmen eligibility.

(1) To be eligible to receive an athletic grant-in-aid, practice, and compete, all freshmen at the university of Akron must be determined a qualifier by the NCAA clearinghouse pertaining to NCAA bylaw ( 14.3 ). These requirements include:

(a) A minimum of thirteen core courses with at least four years of English, two years of math at the level of algebra I or higher, two years of natural or physical science (including one laboratory course), two years of social science, one additional year of courses in English, math or natural or physical science and two additional years designated courses.

(b) The record of the above courses and course grades must be certified by the initial-eligibility clearinghouse using an official high school transcript or official correspondence forwarded directly from the high school or upon a high-school transcript forwarded by an institutions admissions office, and

(2) A minimum combined score on the SAT verbal and math sections or a minimum sum score on the ACT as specified in bylaw 14.3.1.1.1. The required SAT or ACT score must be achieved under national testing conditions on a national testing date (i.e. no residual campus testing or regional testing dates).

(3) Foreign students must meet the NCAA initial eligibility requirements established for their respective country's school system. Reference the NCAA guide to "International Academic Standards for Athletic Eligibility."

(K) Freshmen ineligibility.

A freshman that does not meet the requirements of NCAA bylaw (14.3) is ineligible to practice or compete for one academic year (fall/spring semesters). The student must be in residence that one academic year and pass twenty-four hours of semester coursework (no duplicate credit) and achieve at least an overall 1.80 grade-point average.

(L) Financial Aid.

"Financial aid" is funds provided to student-athletes from various sources to pay or assist in paying their cost of education at the institution. Financial aid includes all institutional financial and permissible non-instructional aid as listed below:

(1) All funds administered by the institution (e.g., scholarships, grants, loans, work-study program assistance, on-campus employment, and tuition waivers).

(2) Aid from government or private sources for which the institution is responsible for selecting the recipient or determining the amount of aid, or providing matching or supplementary funds for a previously determined recipient.

(3) Off-campus employment earnings and other sources of aid during the academic year.

(4) For the student-athlete recruited by the institution, financial aid awarded through an established and continuing outside program (e.g., national football foundation) for the recognition of outstanding high school graduates in which athletics participation may be a major criterion. This aid counts against an institution's sport-by-sport financial aid limitations and also against the individual's full grant-in-aid limit.

(5) Financial aid received from anyone upon whom the student-athlete is naturally or legally dependent.

(6) Financial aid awarded solely on basis having no relationship to athletic ability.

(7) Financial aid awarded through an established and continuing outside program (e.g., national merit scholar) in which athletics participation is not the major criterion, and which does not count against an institution's sport-by-sport financial aid limitations, but which counts against the recruited student-athlete's full grant-in-aid limit.

(8) For the student-athlete not recruited by the institution, financial aid awarded through an established and continuing outside program (e.g., national football foundation) for the recognition of outstanding high school graduates, in which athletics participation may be a major criterion. This aid does not count against an institution's sport-by-sport financial aid limitations but does count against the individual's full grant-in-aid limit.

(9) When considering an institutional athletics grant-in-aid, all of the above sources of income for any individual student-athlete are considered. A student-athlete's entire financial aid package cannot exceed the institution's established cost of attendance for tuition, fees, room, board, and books. It is not permissible to exceed this established cost.

(M) Exempted financial aid.

The following institutional financial aid is exempt and is not counted in determining a student-athlete's full grant-in-aid or in the institution's financial aid limitations:

(1) An honorary award for outstanding academic achievement or an established institutional research.

(2) Legitimate loans, based on a regular repayment schedule, available to all students and administered on the same basis for all students.

(3) Government grants for educational purposes such as Pell grants benefits received under the G.I. Bill of Rights, military reserve training program, special United States government entitlement programs and state government awards to disabled veterans.

(N) Tuition and fees.

Any student-athlete who receives athletic financial aid to pay for coursework must sign and return the copy of the scholarship award proposal to the financial aid office. Financial aid which the student-athlete has accepted and which can be used to pay for classes will be subtracted from the amount of his/her fee invoice.

(1) If tuition is fully paid by an athletic scholarship, the student-athlete will receive a copy of the paid fee invoice along with a validation sticker. Athletic aid cannot be used to pay for parking, change fees, or late fees.

(2) If tuition is partially paid by an athletic scholarship, the student-athlete must return the invoice to the cashier along with payment for the balance due by the due date.

(3) Any time a registration change is made, the student-athlete must request a new fee invoice in order for his/her available financial aid to be directly applied to the new fees.

(O) Employment.

(1) A student-athlete may receive earnings from legitimate on- or off-campus employment during semester or term time in combination with other financial aid included in the student-athlete's individual financial aid limit up to the value of a full grant plus two thousand dollars provided:

(a) The student-athlete has spent one academic year in residence at the certifying institution: and

(b) The student-athlete is eligible academically to compete for the institution.

(2) Prior to the commencement of employment, the student-athlete and the employer must sign a written statement to be kept on file in the athletics department, which specifies the following:

(a) The student-athlete's compensation may not include any remuneration for value or utility that the student-athlete may have for the employer because of publicity, reputation, fame or personal following that he or she has obtained because of athletics ability:

(b) The student-athlete is to be compensated only for work actually performed: and

(c) The student-athlete is to be compensated with the going rate in that locality for similar services.

(3) A student-athlete who is not receiving institutional financial aid may earn legitimate income in excess of a full grant-in-aid, provided neither members of the athletics department nor representatives of the institution's athletics interests are involved in arranging the employment.

(4) A student-athlete receiving financial aid under this paragraph may obtain a job within seven days prior to the beginning of the institution's Christmas vacation period, provided it is a prerequisite to securing the employment. The income so derived from the additional week's employment need not be computed in determining the student's maximum allowable financial aid. However, any earnings for work performed after the first day of classes shall be countable.

(P) Renewals and nonrenewal of athletic scholarship.

(1) Athletic grant-in-aid allocations are awarded on a yearly basis. The renewal of institutional financial aid based on any degree of athletic ability shall be made on or before July first prior to the academic year in which it is to be effective. The institution shall promptly notify in writing each student-athlete who received an award the previous academic year and who has eligibility remaining in the sport in which financial aid was awarded the previous academic year whether the grant has been renewed or not renewed for the ensuing academic year. Notification of financial aid renewals and non-renewals must come from the institution's regular financial aid authority and not from the institution's athletic department.

(2) If the institution decides not to renew or decides to reduce financial aid for the ensuing academic year, the institution shall inform the student-athlete in writing that he or she, upon request, shall be provided a hearing before the institutional agency making the award. The institution shall have established reasonable procedures for promptly hearing such a request and shall not delegate the responsibility for conducting a nonrenewal hearing to the university's athletics department or its faculty athletics committee. The decision to renew or not renew the financial aid is left to the discretion of the institution, to be determined in accordance with its normal practices for student generally.

(3) Institutional financial aid based in any degree on athletics ability may not be increased, decreased, or canceled during the period of its award:

(a) On the basis of the student's athletics ability, performance or contribution to a team's successes; or

(b) Because of an injury that prevents the recipient from participating in athletics; or

(c) For any other athletics reason.

(Q) Summer financial aid.

An athletic grant-in-aid for summer school shall be determined by the athletic department on a yearly basis. Summer aid is not guaranteed. Approval of aid is at the discretion of each head coach and dollars allocated from the athletic department. The procedures are as follows:

(1) To be eligible for summer financial aid, the student-athlete shall be receiving an athletic grant-in-aid for the current academic year. The aid received during the summer cannot exceed the scholarship equivalency received during the regular school year.

(2) Coaches will be notified of summer school budget by February of each academic year. Head coaches shall notify student-athletes of summer school availability, requirements and deadline for requests.

(3) A summer grant-in-aid award shall fund tuition only. This shall not include books or living allowance, these expenses are the student's responsibility.

(4) Head coaches are required to provide a list of summer school recipients by April of each academic year to the athletic department.

(5) Student-athletes shall receive written notification of a summer grant-in-aid award by the financial aid office.

(6) Student-athletes may not receive summer scholarship dollars to repeat a course that was withdrawn or received an "F" because of lack of attendance.

(7) Any student-athlete receiving a summer grant-in-aid award that receives an "F" or withdraws after the refund period shall be required to reimburse the athletic department.

(8) Any reduction or cancellation of aid is permissible only if such action is taken for proper cause by the regular disciplinary or financial aid authorities of the institution and the student-athlete has been provided written notice of an opportunity for a hearing.

(R) Financial aid grievance procedure.

(1) Student-athletes will be notified in writing of reduction or cancellation of athletic financial aid. Upon receipt of this notification instructions will be provided regarding the process required to schedule a financial aid hearing.

(a) The athletic scholarship hearing board shall be comprised of the director of student financial aid, who shall serve as chair of the committee, and two other voting members as appointed by the vice president for student affairs.

(b) The board shall convene to hold hearings relative to the reduction or cancellation of athletic financial aid.

(c) Athletes who have received notification of reduction or cancellation of aid and who wish to use the appeal procedure shall give written notice to the director of student financial aid of their request for a hearing.

(d) The director of student financial aid shall schedule the hearing and shall send the athlete notice of same. Such notice shall include the date, time, and location of the hearing.

(e) A written list of witnesses and their relevance must be given to the chair of the board at least one day prior to the hearing. Also, if the representative of the athletic department or the student-athlete intends to have an advisor present, that individual must be identified in writing one day prior to the hearing.

(f) The hearing shall be conducted as follows:

(i) A representative of the athletic department shall appear first and provide a rationale for the reduction or cancellation of the athletic grant-in-aid. The presentation shall be in the presence of the student-athlete.

(a) The presentation shall be made by the coach if possible. An advisor may be present, but can only participate in an advisory capacity. If the coach cannot present the case, the name of the replacement should be submitted to the chair of the board with an explanation of why the coach could not present the case.

(b) The department of athletics may present witnesses in support of its case or, with the approval of the chair of the board, written statements may be submitted. The testimony of witnesses may be by question and answer or by narrative.

(c) At the completion of testimony by each witness, members of the board may ask questions. The student-athlete may also ask questions, but the questions must be directed through the chair of the hearing board.

(ii) After the athletic department has presented its case, the student-athlete shall put forward his/her case.

(a) The athlete has the right to representation in an advisory capacity and the right to produce evidence.

(b) The student-athlete may choose to have an open hearing. If so chosen, the student-athlete must request the open hearing in writing at least one day prior to the scheduled hearing. If no request is made to the director of student financial aid, the hearing will be closed.

(c) The student-athlete may introduce written statements, produce witnesses, and/or testify personally. A list of witnesses and their relevance must be presented to the chair of the board at least one working day prior to the hearings.

(d) Testimony of the witnesses may be by question and answer or by narrative. Written statements may be submitted.

(e) After the student-athlete has finished presenting each witness, members of the hearing board may question that witness and/or the student-athlete.

(f) The representative of the athletic department may also ask questions of the witness and/or the student-athlete, but the questions must be directed through the chair of the board.

(iii) The chair of the board shall have the right to exclude evidence if determined to be irrelevant to the issue at hand or merely cumulative. The number of witnesses may be restricted if it appears that participation is irrelevant or merely cumulative.

(g) After testimony, the hearing board shall render a decision. The decision shall be final.

Replaces: 3359-48-03

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 05/22/91, 08/06/01, 05/24/02, 05/23/03, 08/20/11, 11/15/12

3359-48-04 University of Akron athletic department drug education and testing.

(A) Purpose.

(1) Substance abuse is a serious health and safety concern in our society, with negative and sometimes deadly effects. The use of illegal substances is a crime and the use of performance enhancing drugs is detrimental to student health and is a form of cheating. Alcohol use by student-athletes under the legal drinking age is illegal and the excessive use of alcohol by students who are of legal drinking age is strongly discouraged.

(2) The department of athletics at the university of Akron firmly believes that substance abuse can have a negative effect on the performance of the student-athlete, both in the classroom and on the playing field. Increased drug and alcohol education and counseling, although critical, are not sufficient by themselves to prevent substance abuse. Drug testing is necessary both to deter drug use and to detect such use as it occurs. Therefore, the department of athletics has adopted a rigorous drug testing program, which strictly enforces the prohibition against the use of illegal and performance enhancing drugs.

Students who participate in intercollegiate athletics at the university of Akron are required to participate in the university's drug and alcohol education program and comply with its drug testing policy. Students-athletes also are subject to NCAA and conference regulations concerning prohibited drug and alcohol use and their respective drug testing requirements.

(B) Organization.

(1) The NCAA executive committee has final authority over the procedures and implementation of the NCAA drug-testing program.

(2) The athletics department has final authority over the university of Akron drug-testing program, which is conducted by a licensed drug-testing laboratory selected by the university.

(3) The licensed drug-testing laboratory selected to conduct testing on behalf of the university will be required to demonstrate, to the satisfaction of the university, proficiency in detection and confirmation of the banned substance categories on the NCAA list of banned-drug classes.

(4) All drug-testing results and reviews will be considered confidential student education records.

(C) Drug and alcohol education.

The department of athletics' drug and alcohol education program is an ongoing, comprehensive program designed to educate student-athletes about the adverse effects of substance abuse and to encourage them to engage in responsible behavior. Each member of every intercollegiate athletic team at the university of Akron is required annually to participate in drug education activities.

(D) Prohibited substances.

(1) The university of Akron adopts and incorporates the NCAA banned substance list as of the date of drug testing, copies of which are available from the department of athletics at the university of Akron and on the NCAA website, www.ncaa.org. The student-athlete is responsible for knowing the banned substances identified on the NCAA site and, if uncertain whether a substance is banned, to consult with the team physician or the head athletic trainer.

(2) Alcohol. Alcohol is a mood-altering substance that can cause significant health risks when used in excess. Alcohol consumption is illegal and unacceptable for individuals under the legal drinking age and excessive alcohol use by individuals of legal drinking age is strongly discouraged. Alcohol-related violations of the law, including but not limited to driving while impaired and underage possession or consumption of alcohol, shall constitute a violation of this policy.

(3) Performance enhancing drugs. Performance enhancing drugs are medically harmful and are expressly prohibited by the university of Akron, the mid-American conference and the NCAA. Federal, state and local laws also prohibit the sale, distribution and/or use of many of these substances. Examples of performance enhancing drugs include, but are not limited to steroids and other anabolic agents that are identified annually on the NCAA banned-drug classes list, as well as agents used to block/mask detection, which also are identified annually on the NCAA banned-drug classes list.

(4) Street drugs. Street drugs, including but not limited to schedule I, II and III drugs such as marijuana, amphetamines and opiates, have the potential to cause physical harm and dependence. The use of these drugs also may impair performance and reaction time, possibly resulting in injury to student-athletes or others during an athletic activity. Street drugs are expressly prohibited by the university of Akron, the mid-American conference and the NCAA. Federal, state and local laws also prohibit the sale, distribution and/or use of many of these substances.

(5) Dietary/nutritional supplements. The university of Akron and its athletics personnel do not distribute or encourage the use of any dietary/nutritional supplements that have not been approved by the NCAA for distribution by member institutions. Student-athletes, who take a dietary/nutritional substance that contains banned substances or take permissible substances without proper physician supervision, endanger their own health and safety and the health and safety of others during an athletic activity.

Student-athletes are solely responsible for any dietary/nutritional supplement they ingest, (including supplements that are labeled as vitamins/minerals), which may contain banned substances. The discovery of banned substances through a drug test is a violation of this policy, even if the substance was ingested through a dietary/nutritional supplement. Student-athletes should not use any dietary/nutritional supplement without first consulting with their physician and the head athletic trainer.

(6) Medical exceptions and prescription drugs. It is recognized that some banned substances may be necessary for legitimate medical purposes. The university allows for an exception to this policy if there is a documented medical history that demonstrates the need for use of the substance, including documentation of all relevant prescription information. Medical exceptions will be reviewed on an individual basis, but will not be granted unless all supporting documentation is provided to the team physician.

Student-athletes must have a current, valid prescription from a licensed physician to them in order to take prescription medications. The identification through a drug test of an otherwise banned prescription medication will result in the student-athlete receiving a positive drug test result under any of the following circumstances.

(a) Taking prescription medications without a current, valid prescription.

(b) Taking medication from an old prescription without knowledge of the head athletic trainer and without the supervision of a physician.

Student-athletes not under the care of the medical staff for an injury/illness (including rehabilitation) should not use medication from an earlier-issued prescription without permission from a physician and/or athletic trainer.

(E) Drug testing procedures.

(1) The analytical goal for our testing component is to ensure the sensitivity and specificity necessary to detect drug users. The standard used for a positive test is the same standard used by the NCAA to trigger NCAA discipline. The exception to this testing standard is in the opiate class of drugs. This means that should an administered drug test evidence any level of use, the university may institute discipline in accord with its own policy. The department of athletics, through a licensed drug-testing laboratory, shall conduct testing for banned substances, including performance enhancing substances. It is a mandatory condition for participation in the intercollegiate athletic program at the university of Akron that each student-athlete who is on a team's roster participates in the testing procedures.

(2) All student-athletes are eligible for testing at any time in accord with this policy. All student-athletes are eligible to be selected for every test. NCAA post season qualifying student-athletes may be subjected to additional drug testing at their post-season events. All student-athletes are subject to year round testing by the NCAA on the university of Akron campus. Any student-athlete who tests positive in the NCAA drug testing program is subject to discipline by both the NCAA and the university of Akron.

(3) Student-athlete selection and notification.

(a) No advance notice of testing will be given. Types of testing include:

(i) Random testing. Periodic testing of a portion of the total student-athlete population for each sport. The list of students to be tested will be generated randomly by computer from each team roster. All student-athletes are eligible for each test; provided, however that student-athletes listed on the roster who have exhausted their eligibility or who have career-ending injuries will not be selected for random testing, but are eligible for reasonable suspicion testing.

(ii) Total team testing. The entire roster of a team may be selected for testing at any time or at the request of a department of athletics administrator or athletic coach.

(iii) Reasonable suspicion testing. All student-athletes may be tested individually or as part of a regularly scheduled test. This test will be used for student-athletes who demonstrate symptoms or behaviors that are indicative of the use of banned substances. Student-athletes who have exhaused their eligibility or who have career-ending injuries, but who remain on athletic scholarship, also will be eligible for individual, reasonable suspicion testing.

(b) An athletic department staff member will notify the student-athlete of a drug test during an athletic department sponsored function. Student-athletes selected for testing must report to the designated collection station at the assigned time.

(c) An athletic department staff member must be in the collection station to certify the identity of the student-athletes selected for testing. Student-athletes selected for testing must present picture identification to enter the collection station. In the event the student-athlete does not have picture identification available, the athletic department will use other means to certify the student's identity.

(4) Student testing.

(a) Student-athletes are required to annually execute a consent to testing form provided by the department of athletics. Student-athletes will be tested in accordance with the protocol developed by the licensed drug-testing laboratory with which the university contracts to conduct student-athlete drug testing.

(b) Only those persons authorized by the collection station supervisor will be allowed in the collection station.

(c) The collection station supervisor may release a sick or injured student-athlete from the collection station or may release a student-athlete to return to competition or to meet academic obligations only after appropriate arrangements for having the student-athlete tested have been made and documented.

(d) A copy of information concerning the testing procedures is available from the sports medicine staff.

(e) Failure to comply with the collection process; to arrive at the collection station at the designated time without justification; to provide a specimen according to protocol; to attempt to dilute, tamper with or falsify a sample; or to use a masking agent will be deemed as a positive test result.

(f) Student-athletes who refuse to execute the required consent to testing shall be prohibited from participating in intercollegiate athletics for the remainder of the academic year. A non-recruited student-athlete in sports other than those involved in the NCAA's year-round drug-testing program may participate in preseason practice activities prior to the team's first contest or date of competition without signing the drug-testing consent form. The failure of a student-athlete to participate in any phase of testing and/or required counseling procedures will be considered, for disciplinary purposes, to be a positive test result.

(F) Voluntary disclosure/safe harbor.

(1) Any student-athlete who has engaged in the use of prohibited substances is encouraged to seek assistance from the athletics department by voluntarily disclosing such use. The student-athlete may initiate evaluation or counseling by contacting a coach, athletic trainer or team physician. This arrangement is confidential and if the student-athlete seeks assistance prior to being identified as having violated this policy or being notified that s/he must undergo drug testing, the impermissible use will not be deemed a violation for the purpose of assessing sanctions under this policy. Notwithstanding the foregoing, a student-athlete still may be subject to sanction by the NCAA or the conference if the student-athlete tests positive for a banned substance during an NCAA administered drug test.

(2) A student-athlete may remain in the safe harbor program for a reasonable period of time, (not to exceed thirty days) as determined by the treatment plan. The treatment plan will be developed by the athletic department drug policy management team ("management team"), in consultation with the student-athlete. The management team consists of: a senior associate athletic director, the administrator for the student-athlete's sport (or designee), the head athletic trainer, the team physician and a counselor approved by the athletic department. However, the student-athlete may not be permitted to continue participation in intercollegiate athletics if the athletic director and the team physician determine that there is an associated health risk, and may return only when it has been determined by the athletic director, in consultation with the management team, that re-entry into intercollegiate sports is safe and appropriate. In order to exit the safe harbor program, the student-athlete will be required to undergo and successfully pass a drug test. Positive test results from drug tests that are administered as part of the safe harbor program shall not count as a positive test result for purposes of section G. While complying with the plan of the safe harbor program the student-athlete would not be included in the list of student-athletes eligible for institutional drug testing. However, the student-athlete in the safe harbor program will be eligible for selection for NCAA drug testing. If any obligation required by the safe harbor program is violated or if continued drug use is detected, this will be deemed a second positive drug test under this policy and the student-athlete will be removed from the safe harbor program.

(3) While in the safe harbor program, if the student-athlete regains eligibility to participate in intercollegiate sports, that student-athlete may be required to undergo periodic unannounced follow-up tests at the discretion of the athletics director (or designee) and the consulting physician or head athletics trainer.

(4) The voluntary safe harbor program provisions apply only one time per student-athlete, and only for the first disclosure of personal use of banned substances.

(G) Notification and secondary testing requests.

(1) Notification of specimen A positive test results.

(a) For student-athletes who have a positive finding, the laboratory will contact the director of sports medicine. The director of sports medicine will make a written notation of the test results and may, in the director's discretion, request written notification from the lab.

(b) The athletic department shall notify the student-athlete of the finding. Upon informing the student-athlete of a positive test result, the athletic department will notify the student, in writing, of the right to request that specimen B be tested to review the accuracy of the positive finding. The student-athlete must make the request to the director of athletics in writing within seven days after receipt of the specimen A results.

(2) Specimen B testing.

(a) A laboratory other than the one that analyzed the student-athlete's specimen A must conduct the testing and analysis of specimen B. The laboratory chosen by the student-athlete must meet industry standards for drug testing. The department of athletics will notify the original lab to release specimen B for testing by the lab selected by the student-athlete.

(b) The student-athlete will be required to pay the university for the cost of the testing in advance. In the event that the specimen B findings are negative, the university will cause the student to be reimbursed in full for the cost of the test.

(c) Sanctions will remain in place until the results of specimen B are received. These results will be shared with the student-athlete upon receipt by the department of athletics.

(H) Penalties.

(1) Performance enhancing drugs.

(a) First positive.

(i) The team physician, director of sports medicine, athletic director, and head coach will be notified. At the athletic director's discretion, the parents of a student-athlete who is under twenty-one years of age may be notified.

(ii) The student-athlete will be suspended from twenty-five per cent of all regularly scheduled competition (standard rounding rules apply [e.g., greater than 1.5 equals two games]) during the current or upcoming playing and practice season commencing from notification of test results.

(iii) The student-athlete must also undergo a counseling program designated by the university of Akron.

(iv) At the conclusion of the suspension period, the student-athlete must pass a subsequent drug test to be eligible to return to athletic competition.

(v) The student-athlete will be subject to future testing at the discretion of the department of athletics.

(b) Second positive.

(i) The team physician, director of sports medicine, athletic director, and head coach will be notified. At the athletic director's discretion, the parents of a student-athlete who is under twenty-one years of age may be notified.

(ii) The student-athlete will be suspended from fifty per cent of all regularly scheduled competition (standard rounding rules apply [e.g., greater than 1.5 equals two games]) during the current or upcoming playing and practice season commencing upon notification of test results. Suspension may be carried over to the next seasons regularly scheduled competition.

(iii) The student-athlete must again undergo a counseling program designated by the university of Akron.

(iv) At the conclusion of the suspension period, the student-athlete must pass a subsequent drug test to be eligible to return to athletic competition.

(v) Return to athletic activities is at the discretion of the athletic director and head coach.

(vi) The student-athlete will be subject to future testing at the discretion of the department of athletics.

(c) Third positive.

(i) The team physician, director of sports medicine, athletic director, head coach and parents of a student-athlete who is under twenty-one years of age will be notified.

(ii) The student-athlete will be suspended from all athletic activities for a period of one year, commencing upon notification of test results.

(iii) The student-athlete's scholarship (if applicable) will be revoked.

(iv) The student-athlete must undergo a treatment program at the student-athlete's own expense.

(v) At the conclusion of the one-year period, the student-athlete must pass a subsequent drug test to be eligible to return to athletic activities.

(vi) At the conclusion of one year and completion of the treatment program, the student-athlete may request reinstatement into the athletic program.

(vii) Return to athletic activities is at the discretion of the athletic director and head coach.

(viii) Reinstatement to athletic activities will not include reinstatement of the student-athlete's scholarship (if applicable) unless otherwise determined by the athletics director in the exercise of the athletics director's discretion.

(2) Street drugs or other substances.

(a) First positive.

(i) The team physician, director of sports medicine, athletic director, and head coach will be notified. At the athletic director's discretion, the parents of a student-athlete who is under twenty-one years of age may be notified.

(ii) The student-athlete must undergo a counseling program designated by the university of Akron.

(iii) The student-athlete will be subject to future testing at the discretion of the department of athletics.

(b) Second positive.

(i) The team physician, director of sports medicine, athletic director, and head coach will be notified. At the athletic director's discretion, the parents of a student-athlete who is under twenty-one years of age may be notified.

(ii) The student-athlete will be suspended from twenty per cent of all regularly scheduled competition (standard rounding rules apply [e.g., greater than 1.5 equals two games]) during the current or upcoming playing and practice season commencing upon notification of test results. Suspension may be carried over to the next seasons regularly scheduled competition.

(iii) The student-athlete must again undergo a counseling program designated by the university of Akron.

(iv) At the conclusion of the suspension period, the student-athlete must pass a subsequent drug test to be eligible to return to athletic competition .

(v) The student-athlete will be subject to future testing at the discretion of the department of athletics.

(c) Third positive.

(i) The team physician, director of sports medicine, athletic director, and head coach will be notified. At the athletic director's discretion, the parents of a student-athlete who is under twenty-one years of age may be notified.

(ii) The student-athlete will be suspended from fifty per cent of all regularly scheduled competition (standard rounding rules apply [e.g., greater than 1.5 equals two games])during the current or upcoming playing and practice season commencing upon notification of test results. Suspension may be carried over to the next seasons regularly scheduled competition. a

(iii) The student-athlete must again undergo a counseling program designated by the university of Akron.

(iv) At the conclusion of the suspension period, the student-athlete must pass a subsequent drug test to be eligible to return to competition.

(d) Fourth positive.

(i) The team physician, director of sports medicine, athletic director, head coach and parents of student-athlete who is under twenty-one years of age will be notified.

(ii) The student-athlete will be suspended from all athletic activities for a period of one year, commencing upon notification of test results.

(iii) The student-athlete's scholarship (if applicable) will be revoked.

(iv) The student-athlete must undergo a treatment program at the student-athlete's own expense.

(v) At the conclusion of the one-year period, the student-athlete must pass subsequent drug test to be eligible to return to athletic activities.

(vi) At the conclusion of one year and completion of the treatment program, the student-athlete may request reinstatement into the athletic program.

(vii) Return to athletic activities is at the discretion of the athletic director and head coach.

(viii) Reinstatement to athletic activities will not include reinstatement of the student-athlete's scholarship (if applicable) unless otherwise determined by the athletics director in the exercise of the athletics director's discretion.

(3) Positive test results are not negated at the end of each academic year. Positive test results accumulate over the student-athlete's career at the university of Akron. A positive test result in the student-athlete's first year followed by another positive test result in the student-athlete's second year would invoke procedures listed in "second positive" in the penalty section.

(4) Any encouragement, persuasion, or assistance to the student-athletes in the use or procurement of illicit drugs or sport-enhancing substances by university employees is strictly prohibited. A student-athlete having knowledge of such activity should inform either the university physician or an athletic administrator.

(5) Under NCAA bylaw reference 10.2, athletic department staff members must inform the athletic director when they have knowledge that a student-athlete is using a substance on the list of banned drugs.

(I) Drug testing review procedure.

(1) A The student-athlete may request a review of the accuracy of a positive finding in writing, including supporting evidence, directed to the university president within five business days from the date of notification of a positive finding.

The university president or the president's designee will convene an ad hoc committee to review the request as well as the supporting evidence. No members of the department of athletics may participate as members of the committee. The committee may request the student's presence, if deemed necessary, at a review meeting to discuss the evidence presented.

(2) The committee will notify the athletic director and the student of its decision within seven days of the committee meeting.

(J) Restoration of eligibility.

(1) Before a student-athlete is considered for eligibility restoration, the athletic department will test the student-athlete for the presence of banned substances.

(2) Student-athletes who are ineligible as a result of a positive drug test shall be subject to testing by the athletic department at any time during their remaining period of ineligibility.

(3) Student-athlete requests for reinstatement of eligibility will not be considered until after the student-athlete retests negative and the athletic director has received the results.

(K) NCAA drug testing.

(1) The university of Akron adopts the list of banned substances as determined by the NCAA.

(2) Use of banned substances:

(a) The NCAA regularly establishes a list of banned substances. Failure to share with appropriate university authorities the knowledge of use of any banned substance is improper. Student-athletes should not assume that the list is limited to street drugs. Some of the banned substances can be found in prescription and over-the-counter medications such as cold remedies and nutritional supplements. Therefore, before taking any medication or nutritional supplement, student-athletes are advised to consult with their team trainer or team doctor.

(b) Strict penalties have been established for first and subsequent violations of the NCAA banned substances rules. In addition, student-athletes who refuse to participate in drug testing or who attempt to manipulate a drug test to cause an incorrect result will also receive a penalty.

(c) The NCAA executive committee has been authorized to determine the time and methods for drug testing of student-athletes. Students-athletes are selected randomly for testing during the regular season and prior to, or immediately following, any post-season championship or certified football game.

Effective: 6/27/2016
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 09/06/02, 11/17/02, 06/30/11, 01/31/15

3359-48-05 Interim student athlete code of conduct.

(A) The primary purpose of the university of Akron's department of intercollegiate athletics is to further the educational mission of the university by developing the student-athlete as a total person. We foster a collegiate experience that promotes academic achievement, athletic excellence and social responsibility. We celebrate the success of our student-athletes to cultivate the pride, enthusiasm and commitment among faculty, staff, students, alumni and the greater Akron community.

As a department of intercollegiate athletics we are committed to the following core values: accountability, diversity, integrity, loyalty, pursuit of excellence, responsibility, sportsmanship and teamwork.

All student-athletes shall deport themselves with honesty and sportsmanship at all times, so intercollegiate athletics as a whole, the university of Akron and they, as individuals, shall represent the honor and dignity of fair play and the generally recognized high standards associated with competitive sports.

(B) Standards of conduct.

(1) It is a privilege and not a right to be a student-athlete and every student-athlete is expected to conduct himself/herself in a manner that exhibits honor and respect to the team, department, university and surrounding community for the duration of his/her tenure as a student-athlete. As a member of the student body at the university of Akron, each student-athlete must act in accordance with all university rules and regulations, including: the university's student code of conduct, university rules 3359-41-01 to 3359-41-08 of the Administrative Code, available athttp://www.uakron.edu/studentlife/sja/codecon.php; the residence hall handbook, available at http://www.uakron.edu/reslife/docs/reshallhand_2007-08.pdf; the athletic policy, university rule 3359-48-03 of the Administrative Code; and athletic department drug education and testing, university rule 3359-48-04 of the Administrative Code. In addition, student-athletes also must comply with applicable rules and regulations issued by the following authorities (hereafter referenced as governing authorities):

(a) Municipal ordinances and state and federal laws, both civil and criminal (laws);

(b) National collegiate athletic association (NCAA);

(c) Mid-American conference (MAC);

(d) Western intercollegiate rifle conference (WIRC) (rifle program);

(e) Mid Atlantic conference (MAC) (rifle program);

(f) Department of intercollegiate athletics (university of Akron athletics); and

(g) Sports program team rules (team rules).

(2) For clarification, student-athletes should consult with a member of the coaching staff and/or administration. Violation of any of the standards of conduct encompassed in these authorities may result in discipline as described in paragraph (F)(10) of this rule as well as civil and/or criminal liability. All documented violations of applicable rules and regulations will be reported to the appropriate office or authorities at the university of Akron and may result in further disciplinary action.

(C) Definitions.

(1) Student-athlete. Once a student matriculates at the university of Akron and is accorded the status of a varsity athlete, or during the time that a student is in attendance at summer orientation, s/he is expected to act in accordance with this code of conduct until the completion of eligibility and/or receipt of athletic related financial aid, including semester and summer breaks, or such time that s/he is no longer a student-athlete at the university of Akron.

(2) Team function. An athletic team function is defined as any official or sanctioned gathering, whether on or off campus, where the intent or reason to gather is to conduct business or engage in activities related to the team's purpose, and organized, arranged or initiated by athletic department staff, or team members.

(3) Hazing. Hazing is defined as doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, regardless of the willingness of the participant.

Such actions and situations include, but are not limited to:

(a) Forcing or requiring the drinking of alcohol or any other substance.

(b) Forcing or requiring the eating of food or anything an individual refuses to eat.

(c) Calisthenics (i.e., push-ups, sit-ups, jogging, running, knee-bends).

(d) Paddle swats, trading cracks.

(e) Line-ups (i.e., yelling at people in any formation or harassing them).

(f) Forcing or requiring the theft of any property.

(g) Road trips (i.e., dropping someone off to find their way back).

(h) Scavenger hunts.

(i) Sleep deprivation.

(j) Nudity at any time.

(k) Conducting activities, which do not allow adequate time for study (i.e., not allowing attending class, missing group projects).

(l) Running personal errands for the member(s) (i.e., driving to class, cleaning up their individual rooms, serving meals, picking up dry cleaning).

(m) Requiring the violation of university rules or federal, state or local law.

(4) Sportsmanship. Sportsmanship shall be defined in accordance with the standards of the NCAA, mid-American conference, WIRC, mid Atlantic conference and the university department of intercollegiate athletics. Good sportsmanship is evidenced by accepting defeat without complaint, victory without gloating and treating opponents with fairness, generosity and courtesy. Sportsmanship includes respect for oneself, teammates, coaches, officials, opponents and property. Sportsmanship also requires maintaining self-control and refusing to be drawn into or encourage physical conflict not otherwise required by proper execution of the sport. All student-athletes are obligated to represent themselves, their team, university of Akron athletics, the university of Akron, their families and their communities with the highest level of sportsmanship.

(D) Prohibited conduct.

(1) Prohibited conduct includes violation of any of the standards of conduct identified in paragraph (B) of this rule. By way of illustration only, and without limitation of the standards of conduct, student-athletes must not violate any of the policies described below.

(a) Nutritional or dietary supplements. Many nutritional/ dietary supplements contain substances banned by the NCAA. The U.S. food and drug administration does not strictly regulate the supplement industry, and the purity and safety of nutritional and dietary supplements cannot be guaranteed. Impure supplements may lead to a positive NCAA drug test and affect the eligibility of student-athletes. To avoid a possible violation, student-athletes should contact the team physician or athletic trainer and consult the list of banned drugs as described in NCAA division bylaws.

(b) Sportsmanship and respect. At all times, student-athletes are required to comport themselves in a manner that is respectful of themselves, their team, the university and its athletic department, game officials, opponents, and property. Unsportsmanlike conduct, as defined by the NCAA, mid-American conference, WIRC, mid Atlantic conference or the university of Akron is prohibited. Student-athletes are to refrain from disrespectful conduct such as; profane, abusive, demeaning, harassing, threatening or obscene expression; or deliberate damage to equipment or property.

(c) Unexcused class absences, academic appointments and poor academic performance. Student-athletes are required to attend all classes, academic appointments and tutoring appointments and to fulfill course load and academic performance requirements, in accord with the attendance policy. Failure to meet such obligations may affect eligibility to participate in team sports and scholarship eligibility as well as academic standing. Please refer to the student-athlete handbook for the class attendance policy.

(d) Failure to meet team obligations. Student-athletes must complete training requirements; arrive promptly for team practices, meetings and departures for away games and other team events; attend team functions; and otherwise fulfill their responsibilities as team members. Absences must be excused in advance by the head coach unless an unforeseeable emergency arises.

(e) Special notice on social networking web sites. As a representative of the department of intercollegiate athletics and the university of Akron, you are always in the public eye. Please keep the following in mind as you participate on social networking web sites:

(i) Anything posted online is available to anyone in the world. Any text or photo placed online is out of your control the moment it is placed online - even if you limit access to your site.

(ii) You should not post any information, photos or other items online that could embarrass you, your family and/or team, the department of intercollegiate athletics or the university of Akron. This includes information, photos and items that may be posted by others on your site.

(iii) You are required to abide by the social networking policy published in the student-athlete handbook.

(iv) Behavioral expectations in the online world are the same as in the off-line world. Student-athletes may face discipline or sanctions for policy violations revealed online.

(f) Gambling. University rule 3359-41-02 of the Administrative Code defines student misconduct to include: gambling or games of chance as defined in the Ohio Revised Code and ordinances of the city of Akron. Student-athletes also are subject to applicable rules and regulations regarding gambling that are issued by the NCAA, mid-American conference, mid Atlantic conference and WIRC.

(i) Prohibited acts include, but are not limited to:

(a) Providing information to individuals involved in organized gambling activities concerning intercollegiate athletics competition;

(b) Soliciting a bet on any intercollegiate team;

(c) Accepting a bet on any team representing the institution;

(d) Soliciting or accepting a bet on any intercollegiate athletics competition for any item that has tangible value (i.e., cash, clothing or equipment, meals);

(e) Participating in any gambling activity that involves intercollegiate athletics or professional athletics through a bookmaker, parlay card or any other method employed by organized gambling.

(ii) For additional information, see paragraph (F) of rule 3359-48-03 of the Administrative Code and the NCAA statement concerning gambling, attached as exhibit A this rule.

(g) Academic integrity. University rule 3359-41-02 of the Administrative Code defines student misconduct to include plagiarism, cheating or other forms of academic dishonesty.

(i) Examples of violations of academic integrity include, but are not limited to:

(a) Using any of the following materials or information without properly acknowledging the source of the information (whether the source is oral or written): the actual works or ideas of another; a paraphrase of the words or ideas of another; illustrative material created by another; or facts, statistics or any other information that is not common knowledge.

(b) Rearranging words, phrases or sentences without properly acknowledging the source of the original information.

(c) Taking words or phrases from a source, verbatim, without placing them in quotation marks, even if the source of the information is acknowledged.

(d) Substituting synonyms for words used in another work without acknowledging the source and quoting material taken directly from that source.

(e) Paraphrasing information in a way that changes its meaning.

(f) Summarizing another work without properly acknowledging the original source.

(g) Using the same organizational structure as another source without properly acknowledging that source.

(h) Citing sources that were not used.

(i) Purchasing a paper from a website or another person and submit it as your own.

(j) Using the same paper in two different classes without receiving prior permission from both instructors.

(h) Alcohol. University rule 3359-41-02 of the Administrative Code defines student misconduct to include: unauthorized consumption, possession or distribution of alcoholic beverages.

(i) Prohibited acts include, but are not limited to:

(a) Possessing or consuming alcohol if under the age of twenty-one.

(b) Operating a motor vehicle while under the influence of alcohol.

(c) Misrepresenting one's age for the purpose of purchasing, possessing or consuming alcohol.

(d) Purchasing, furnishing or serving alcohol to or for an underage person.

(e) Being dangerously intoxicated to the point where state law mandates being taken into custody.

(f) Other prohibited acts as outlined in the student code of conduct or the residence hall handbook.

(g) Violations of additional team rules regarding alcohol use.

(h) Consumption of alcohol during team travel or at team functions.

(i) Other drugs. University rule 3359-41-02 of the Administrative Code defines student misconduct to include: possession, use or distribution of marijuana or any narcotic, hallucinogenic or other drug in either the refined or crude form which is prohibited by law:

(i) Prohibited acts include, but are not limited to:

(a) Possessing or using illegal substances, as defined by law.

(b) Possessing or using controlled substances as defined by law (provided that controlled substances may be taken pursuant to a properly issued prescription in the amount prescribed).

(c) Distributing, selling or possessing with the intent to distribute illegal or controlled substances, as defined by law.

(d) The use of tobacco products by a student-athlete during practice, competition or other team functions.

(e) Other prohibited acts as described in the student code of conduct or the residence hall handbook.

(j) Hazing. Hazing in connection with membership or participation in university athletic teams or team activities is strictly prohibited. See paragraph (C)(3) of this rule.

(k) Violence. University rule 3359-41-02 of the Administrative Code defines student misconduct to include: detaining, holding intimidating, injuring or threatening injury or threatening to injure or coerce by bodily harm any person lawfully on property owned, leased or operated by the university or in housing occupied or used by recognized University student groups or within the disciplinary authority of the university. In addition to these policies, the student may be subject to sections 3345.22 and 3345.23 of the Revised Code.

(l) Sexual assault. University rule 3359-41-02 of the Administrative Code defines student misconduct to include: sexual harassment, sexual assault, misconduct or imposition.

(m) Harassment. University rule 3359-41-02 of the Administrative Code defines student misconduct to include: harassment, verbal, written, electronic or otherwise, including but not limited to, sexual, racial, ethnic or religious harassment that causes harm of any nature. For more information, see the university of Akron's sexual harassment policy, university rule 3359-11-13 of the Administrative Code athttp://www.uakron.edu/ogc/docs/11-13.pdf

(n) Civility statement. The university of Akron is an educational community of diverse peoples, processes and programs. While all of us have our individual backgrounds, outlooks, values and styles, we all share certain principals of personal responsibility, mutual respect and common decency. Our campus culture requires we maintain and extend those principals, for without them, we cannot thrive as a humane and worthwhile university. Further information is available at:http://www.uakron.edu/studentlife/sja/docs/civili.pdf.

(E) Reporting obligation.

Every student-athlete is obligated to report his or her violations of this code of conduct to his or her head coach or to the director of athletics (or his or her designee) within twenty-four hours of such violation. This obligation applies for the entire time that an individual is a student athlete, including semester and summer breaks. For those violations that are not uniquely related to the department of intercollegiate athletics (i.e. violations other than those in paragraphs (D)(1)(a) to (D(1)(d) of this rule), the head coach or the director of athletics (or his or her designee) shall notify the director of the department of student conduct and community standards.

(F) Disciplinary process and sanctions.

(1) The department of intercollegiate athletics disciplinary process is independent of and supplements the university judicial process. The department of intercollegiate athletics may impose sanctions that are related to athletic participation, which are in addition to those that may be imposed by law or by other offices within the university, including but not limited to the department of student conduct and community standards and the office of residence life. Sanctions will vary depending on the type and circumstances of the violation, but may include loss of athletics program eligibility and/or scholarship.

(2) When the department of intercollegiate athletics becomes aware of an alleged violation of this code of conduct that is related uniquely to that department, the senior athletics administrator will take reasonable steps to verify the validity, reliability and accuracy of the report. These steps may include interviews of students, employees and non-university persons having knowledge of relevant facts; examination of documents; and other steps necessary for the senior athletics administrator to determine the merits of the report. A meeting with the student-athlete will ordinarily occur before any discipline is imposed; however, in extenuating circumstances that affect the health and safety of the student-athlete or others, the senior athletics administrator may suspend the student-athlete from athletic participation before the meeting.

(3) When the department of intercollegiate athletics becomes aware of an alleged violation of this code of conduct that do not relate uniquely to that department, the senior athletics administrator shall notify the department of student conduct and community standards, which will implement its disciplinary process in accord with the code of student conduct. In addition, the senior athletics administrator may, but is not required, to impose department of intercollegiate athletics sanctions. A meeting with the student-athlete will ordinarily occur before any discipline is imposed; however, in extenuating circumstances that affect the health and safety of the student-athlete or others, the senior athletics administrator may suspend the student-athlete from athletic participation before the meeting.

(4) Determination of responsibility will be based on a preponderance of evidence, based on the information available. A student-athlete's refusal to participate and cooperate in a department of intercollegiate athletics or NCAA investigation of a possible violation of this code of conduct may itself constitute a basis for disciplinary action.

(5) Violations of team rules. Head coaches will establish team rules consistent with this code of conduct. Team rules shall be in writing and distributed to team members at the start of each academic year or the beginning of the playing season, whichever comes first.

The head coach, sport administrator and the senior athletics administrator each has authority to impose sanctions for violation of team rules, provided the head coach shall not impose the sanction of suspension or expulsion from the team without approval of the senior athletics administrator.

(6) Violation of rules or policies other than team rules. For violations of rules and policies other than team rules (e.g. violations of NCAA rules or student code of conduct) the head coach may impose sanctions with the approval of the senior athletics administrator.

(7) Violation of criminal law. When a student-athlete has engaged in conduct alleged to be in violation of criminal law, immediately upon receipt of notice of such possible violation, the head coach must report the information to the director of athletics (or designee) and the director of the department of student conduct and community standards. Student-athletes arrested for, or charged with a criminal offense will be placed on immediate administrative suspension from involvement in team activity pending further investigation. If a violation would constitute a misdemeanor that is not a crime of violence, the head coach in consultation with and the approval of the director of athletics (or designee) may, in the exercise of his/her reasonable discretion, lift the administrative suspension. If a violation of law would constitute a felony, illegal use of drugs, illegal gambling, sexual misconduct or a crime of violence, the administrative suspension may be lifted only upon authorization by the director of athletics. In instances where the student athlete is arrested for, or charged with a criminal offense, the head coach may impose team sanctions on the student-athlete apart from suspension, with the approval of the director of athletics (or designee).

Conviction of or a guilty plea to a felony will result in immediate expulsion from the team and withdrawal of all athletic related financial aid pursuant to NCAA and university rules.

(8) Multi-sport athletes. Multi-sport student-athletes will not be relieved of any sanctions previously imposed in connection with rules violation while participating in another team sport when changing sports.

(9) Underage alcohol violation. An underage alcohol violation minimally will result in probation, the terms of which will be determined jointly by the senior athletics administrator and the head coach. Additional sanctions may apply.

(10) Sanctions. Possible sanctions include but are not limited to:

(a) Warning - the issuance of a written warning.

(b) Probation - special status with conditions imposed for a limited time.

(c) Temporary suspension - removal of a student-athlete from all department of intercollegiate athletics activities, including athletic participation in team events for a limited period of time.

(d) Suspension - removal of a student-athlete from all department of intercollegiate athletics activities, including athletic participation in team events for a specified period of no less than one season.

(e) Athletic expulsion- permanent removal from a team and/or department of intercollegiate athletics activities.

(f) Withdrawal of financial aid - termination of athletic-related financial aid, as permitted by NCAA regulations and university rule 3359-48-03 of the Administrative Code.

(G) Appeals.

(1) A student-athlete who is subject to season-long suspension or expulsion from athletic team participation by a sanction imposed for a violation of rules uniquely related to the department of intercollegiate athletics (paragraphs (D)(1)(a) to (D)(1)(d) of this rule) may appeal the sanction. The appeal must be made, in writing, to the director of athletics within seven days of the student-athlete's receipt of the notice of sanction. The appeal letter must explain the permissible grounds for an appeal, as detailed in paragraph (C) of rule 3359-41-06 of the Administrative Code. The appeal shall be limited to a verbatim record of the initial decision and the supporting documents. The director of athletics shall issue his/her decision within five business days of hearing the appeal. The decision of the director of athletics is final.

(2) A student-athlete whose athletic grant-in-aid would be affected by a sanction imposed for a violation of rules uniquely related to the department of intercollegiate athletics (paragraphs (D)(1)(a) to (D)(1)(d) of this rule) may appeal the sanction pursuant to the procedure detailed in paragraph (S) of rule 3359-48-03 of the Administrative Code.

Replaces: 3359-48-05

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 06/13/08, 11/01/13