D.C. Mun. Regs. tit. 5, r. 5-F109

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-F109 - WAIVER OF STUDENT ELIGIBILITY REQUIREMENTS

109.1

The DCSAA may grant a student a waiver of any of the student eligibility requirements set forth in this chapter, subject to the following:

(a) A request for a waiver due to hardship, as defined in this chapter, shall include supporting documentation; and

(b) A request for a waiver of the age requirement in § 104.4 shall only be considered for participation in non-contact or non-collision sports.

109.2

Waiver requests should be filed promptly when it becomes apparent to the student-athlete, principal, and head of school or other affected party that a waiver will be required. When a member school and/or LEA receives a request for waiver from a student, the member school and/or LEA must forward that request for waiver to the DCSAA for decision, regardless of whether the member school and/or LEA supports the request for waiver. If the waiver request is submitted by the member school and/or LEA to the DCSAA on behalf of a student, it must be submitted within five (5) school days of receipt of the request for waiver by the school. When the member school and/or LEA submits the request for waiver to the DCSAA on behalf of the student, the athletic director of a member school and/or LEA may include any additional information they are authorized to release that is relevant to the request for waiver. If the student submits a completed request for waiver directly to DCSAA, the DCSAA shall notify the member school and/or LEA of the waiver submission within two (2) school days of receipt of the request for waiver. If the student submits the request for waiver directly to the DCAA, the member school and/or LEA may include any additional information they are authorized to release that is relevant to the request for waiver within five (5) days of being notified by the DCSAA that a request for waiver has been submitted.

109.3

In order to request a waiver, the student or a member school and/or LEA on behalf of the student, shall submit a completed waiver request to the DCSAA. Waiver requests shall include the following:

(a) The student's name, date of birth, school, grade, parent/legal guardian name, address, telephone number, and email address;

(b) A complete list of interscholastic sports the student played on school teams, including the level of competition (e.g., junior varsity or varsity);

(c) Identification of the sport(s) for which the student is seeking a waiver to play;

(d) Identification of the section and paragraph of this chapter that the student wishes the DCSAA to waive;

(e) A statement of the student's reason for requesting the DCSAA to waive an athletic rule, including an explanation of the situation, the reason for the request, and supporting documentation;

(f) Official transcripts from the ninth (9^th) grade through the current school year, medical records (if applicable), and Individualized Education Plans (IEP) (if applicable);

(g) Signature of the student's parent or legal guardian if the student is under eighteen (18) years of age, or of the student if the student is 18 years of age or older; and

(h) Any additional supporting documentation such as letters of support from the school administration, athletic director, LEA, etc.

109.4

When a request for waiver is submitted from the member school to DCSAA, and the DCSAA has confirmed receipt, the DCSAA shall issue a written decision to grant or deny a request for a waiver within five (5) school days. When a request for waiver is submitted from a student athlete to the DCSAA, the DCSAA shall issue a written decision to grant or deny the request for waiver within five (5) days of the date by which the member school may submit additional information.

109.5

The DCSAA may request further supporting documentation necessary to make a determination to grant or deny the waiver request pursuant to §103.9. If the DCSAA requests additional supporting documentation, the request for the documentation shall state a date by which the additional documentation must be submitted.

109.6

Failure to provide all required documentation to the DCSAA, within the timeframe provided in writing by the DCSAA, may result in an unfavorable inference or decision for the party that fails to provide the required information.

109.7

The DCSAA decision to grant or deny a request for a waiver may be appealed to the DCSAC AAP in the manner set forth in § 111.

109.8

If a decision is not appealed to the DCSAC AAP within five (5) business days, the decision to deny or grant a request for a waiver shall be final. If a student's circumstances have altered, the student shall submit a new waiver request.

D.C. Mun. Regs. tit. 5, r. 5-F109

Final Rulemaking published at 67 DCR 2867 (3/13/2020)