The University of North Carolina at Chapel Hill Scholarships, Awards, and Student Aid Committee Athletics Grant-In-Aid Review Procedures

Title

The University of North Carolina at Chapel Hill Scholarships, Awards, and Student Aid Committee Athletics Grant-In-Aid Review Procedures

Relevant Policies and Regulations:

NCAA Division I Manual 15.3.2.3
Scholarships, Awards, and Student Aid Committee Athletics Grant-In-Aid Review Procedures

Policy Statement: Purpose of Committee

The Scholarships, Awards, and Student Aid Committee is appointed by the Chancellor. It establishes policy for scholarship and student aid funds, monitors the operations of the Office of Scholarships and Student Aid, and advises the Chancellor on matters regarding scholarships and other forms of student aid. Consistent with NCAA Bylaws that require the University to offer a hearing to a student-athlete when institutional financial aid based in any degree on athletics ability is to be reduced, canceled, or not renewed, this Committee is also assigned the responsibility for conducting a hearing as requested by student-athletes under those circumstances and has adopted this policy and procedures to comply with the relevant Bylaws.

Applicability

1. The following procedures are to be used when a student-athlete attending The University of North Carolina at Chapel Hill seeks a review of a decision of a financial aid administrator, such as the Associate Vice Provost and Director of Scholarships and Student Aid ("Associate Provost") or designee, on recommendation of the Department of Athletics, related to the reduction, cancellation, or non-renewal of athletically related institutional financial aid.
2. The Chair of the Chancellor's Committee on Scholarships, Awards, and Student Aid ("Chair") shall convene a hearing panel (the "Panel") to conduct all reviews, consistent with Section III.C., below.
   1. The Panel shall not review decisions to reduce, cancel or not renew a student- athlete's institutional financial aid award that is based in any degree on athletics ability if it is undisputed that the student-athlete failed to satisfy an express requirement of the financial aid award.
   2. If a student-athlete alleges that failure to maintain a required condition of a financial aid award (such as GPA) is due to prohibited harassment or discrimination based on the student-athlete's protected status (i.e., race, color, gender, national origin, age, religion, creed, genetic information, disability, veteran's status, sexual orientation, gender identity or gender expression), then the student-athlete's complaint must first be filed with the University's EEO/ADA officer (919-966-3576). The timeframe for conducting a hearing under this Policy will be suspended until EEO/ADA Officer's investigation is completed, and the result of the investigation will be shared with the Panel to inform its review.

When and How to Seek a Review

A. Student-Athlete Responsibilities

A student-athlete must request a review of a decision to reduce, cancel or not renew his/her institutional financial aid award that is based in any degree on athletics ability within ten University business days after receipt of the financial aid administrator's written notice of the decision.

All review requests must be delivered in writing or electronically to the Office of Scholarships and Student Aid, and must include:

1. a copy of the financial aid administrator's/ Department of Athletics' decision;
2. a statement of reasons why the student believes the decision is in error;
3. any other relevant documentation the student wishes to attach; and
4. the current mailing address and telephone number where the student-athlete can be reached.

The Associate Provost shall send a copy of the request for review to the Chair of the Chancellor's Committee on Scholarships, Awards, and Student Aid; to the financial aid administrator; and to the Department of Athletics' representative within ten University business days.

B. Department of Athletics Responsibilities

The Department of Athletics' representative shall respond within ten University business days by providing the Associate Provost with:

1. copies of policies, procedures, and regulations that relate to the decision;
2. a list of any other University employees who were involved in the decision and should be treated as parties to the review; and
3. a statement explaining the basis of the decision.

The Associate Provost shall forward the submission to the Chair within ten University business days of receipt.

C. Chair and Panel Responsibilities

After receiving the student's request for review and the Department of Athletics' submission, the Chair will review the documentation and make an initial determination as to whether the subject matter falls within the exclusions set forth in Sections II.B.1 and II.B.2, above. The Chair shall dismiss any appeal that is within Section II.B.1, and shall refer any appeal that is within Section II.B.2 to the University's EEO/ADA Officer for initial investigation.

For appeals that are appropriately within the Committee's jurisdiction, the Chair shall appoint a Panel from among the members of the Committee and designate one of the members as chair of the Panel. The Associate Provost shall not be eligible to serve on any hearing panel, nor shall any Committee member who was involved in the original decision or who otherwise may have a conflict of interest in the matter.

The Panel may confer with all parties about possible hearing dates. The Panel will select the hearing date within ten University business days, with consideration of the schedules of the parties and key witnesses where feasible, and will send the parties written notice of the hearing date and notice of the deadline for providing witness lists and exhibits.

Hearing Procedure

A. Prior to the Hearing

1. Witness Lists and Exhibits

At least five University business days before the hearing, each party must provide the Associate Provost with:

1. two copies of a list of all witnesses that party intends to call; and
2. two copies of all documents the party wishes to introduce as evidence.

In appeals that are within Section II.B.2., the EEO/ADA Officer shall separately forward a copy of the final Administrative Review Report to the Associate Provost, although either party may provide it as well.

The Associate Provost will provide each party with a copy of the other party's witness list and proposed exhibits, and the Associate Provost shall provide copies to the Panel members.

2. Communications Between the Parties and the Panel Members

Prior to the hearing, Panel members should not have any communication with the parties, directly or indirectly, concerning the merits of the case, nor should the parties contact the Panel members directly. Documents that the parties wish to present at the hearing must be provided in advance of the hearing as set forth above. The Panel may not prejudge the merits of the case based on those documents, and must instead withhold judgment until all the evidence has been presented at the hearing.

B. During the Hearing

1. Procedural Matters

1. The hearing shall be under the control of the Panel Chair, and the Panel shall make a record of the hearing.
2. The Panel shall follow its adopted Hearing Guidelines and may decide any procedural matter not covered in the Guidelines.
3. The Panel may extend or waive the time period or vary a procedure for good cause shown, and must state the reason for any amendments in its final report.
4. Upon the Panel's request, an attorney from the Office of University Counsel may advise on any procedural questions the Panel has before, during, and after the hearing. That attorney may not take a position on the merits of the case while it is before the Panel.

2. Attendance at the Hearing

a. Individuals required to attend the hearing

The following individuals are required to attend the hearing:

1. The student-athlete;
2. The designated financial aid administrator from the Office of Scholarships & Student Aid; and
3. The Department of Athletics' representative (typically the coach, Director of Athletics, or other designee) who was initially involved in making the recommendation to the financial aid administrator.

If one of the parties fails to attend, then the Panel may elect to proceed with the hearing based on the written material submitted by that party, or postpone the hearing.

b. Individuals Allowed to Attend the Hearing

1. The student-athlete and the University each may have one observer attend the entire hearing; and
2. The student-athlete's parents may attend as observers.

Observers may not participate in the hearing, talk with a party during the hearing, or address the Panel, except to the extent they also appear as witnesses or with the express permission of the Panel Chair. The student-athlete must provide written permission for the presence of a support person so that the hearing complies with requirements of the Family Educational Rights and Privacy Act ("FERPA").

3. Burden of Proof

The Department of Athletics' representative has the responsibility to demonstrate through information and supporting documentation that his or her decision is reasonable.

Panel Decision

Within ten University business days following the hearing, the Panel shall complete its report and reach its decision. The Panel's report must list and resolve the issues addressed in the hearing.

Upon completing its report, the Panel Chair shall notify the Chancellor or designee of its decision in writing. The Panel Chair shall also mail the decision, along with a copy of the Panel's report, by certified or registered mail, return receipt requested, or by Federal Express to the student-athlete, with copies to the other parties. With the consent of the parties, the Panel Chair may instead provide the decision electronically.

The decision of the Committee, through the Panel, is considered the final decision for the University.