(c)
No student engaged in an NIL agreement-related activity shall do any of the following
(1)
Make any reference to a membership entity.
(2)
Receive compensation for the use of intellectual property of any membership entity.
(3)
Display the intellectual property of any membership entity.
(d)
The recruitment and agency restrictions of ATHL-008, Section 8 shall apply to employees of all
membership entities.
(e)
ATHL-008 shall apply to any NIL agreement that a student or the student's parent or legal guardian
execute during the time the student is enrolled in a membership entity, even if the benefits of said
agreement do not accrue to the student or an immediate family member of the student until after
the student has graduated.
1.3
WAIVER OF ELIGIBILITY REQUIREMENTS
1.3.1 ATHL-005, Section 11 - Waivers [Waiver of Eligibility Requirements]. A rule administrator shall, in an
individual student’s case, waive any eligibility requirement contained in this Rule if it finds by a preponderance of
the evidence that enforcing the requirement:
a.
Fails to promote academic progress, health, safety, and fair play;
b.
Works an undue hardship on a student who has lost eligibility due to circumstances that made par-
ticipation impossible, such as prolonged illness or injury; or
c.
Prevents the reasonable accommodation of a student's disability, as required by the Americans with
Disabilities Act, 42 U.S.C. 12101 et seq.
NCHSAA Application Note 1.3.1. The waiver rule set forth in ATHL-005, Section 11 applies to students at all mem-
bership entities. The member school, on behalf of the membership entity, must request a waiver following the
procedures set forth in NCHSAA Rule 1.3.2. The membership entity may seek waiver of any eligibility requirement
contained in ATHL-005 or in the NCHSAA Application Notes to the provisions of that rule.
(a)
Requests for a waiver must be made by the student's membership entity prior to any participation
by the student under circumstances that would constitute ineligibility. Examples of requests that
may, but will not necessarily, justify a waiver:
(1)
Homeless or unaccompanied minor (i.e. McKinney-Vento Homeless Assistance Act)
(2)
Parents or court appointed custodian/guardian residing outside North Carolina
(3)
Students aged 19 on or before August 31st of an academic year
(4)
Students exhausting 8-semesters of eligibility
(5)
Students not eligible academically due to an extended illness
(b)
Ignorance of the eligibility rule on the part of school personnel, the student or their parents shall
not be considered sufficient cause for granting a waiver of any part of the eligibility rule.
(c)
Ordinary cases of ineligibility shall not be considered undue hardships warranting waiver of the
eligibility rule under ATHL-005, Section 11.b, which generally applies when the conditions that
cause the student to fail to meet the eligibility rule were beyond the control of the school, the stu-
dent, and their parents. Injury, illness, or accident that causes the student to fail to meet one of the
basic eligibility requirements is a possible cause for waiver under ATHL-005, Section 11.b. The ap-
propriate time for the membership entity to apply for a waiver under ATHL-005, Section 11.b is
when the hardship situation is discovered, not after the student has completed eight consecutive
semesters.
(d)
Inability to participate in athletics due to illness, injury, or other medical causes, standing alone,
shall not be considered an undue hardship warranting waiver under ATHL-005, Section 11.b. Re-
quests for waiver may be considered in those cases where the ineligibility exists because the stu-
dent was unable to attend, or was prohibited from attending, school due to illness, injury, or medical
treatment.
(e)
A membership entity seeking a waiver of ATHL-005, Section 5.a.ii should explain why a waiver
is warranted under ATHL-005, Section 11. In general, a waiver of ATHL-005, Section 5.a.ii will not
be appropriate if the student transferred schools for a purpose primarily related to participation
in interscholastic athletics; however, in such cases, the NCHSAA may waive the enforcement of
ATHL-005, Section 5.a.ii in part and determine that no waiver shall apply as to the sport or sports
that motivated the student’s transfer.
1.3.2
Waiver Procedure - The following procedures apply to the filing of requests for waivers of any eligibility
requirement.
(a)
Requests will go initially to the Commissioner for action by the NCHSAA. The appropriate form
is on the NCHSAA website and must be filled out in its entirety for consideration. The school, as
the NCHSAA member, must apply for any waiver. For purposes of this rule, schools shall act under
the governing authority of their membership entity.
(1)
Each request must be made in writing by the school principal, with the approval of the su-
perintendent, and should contain all the facts pertaining to the request, including sufficient
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