Hamlin .... Medical Hardship Waiver ...... I may have found a loophole for Pitt

[goalieman]

I have explained the medical hardship waiver several times recently and that Hamlin is not a candidate by the letter of the law ...... however, I also said there may be circumstances or waivers we don't know about ......

Well, I found a loophole in the NCAA Hardship rule that Pitt may try to use to get Hamlin a medical hardship waiver ..... it may or may not work .....

Pitt first has to petition the ACC regarding a medical hardship waiver for Hamlin ..... and by the letter of the law, the ACC should deny the Hardship Waiver to Hamlin..... he just does't meet the criteria for a medical redshirt.

Now the loophole is rule 12.8.4.2.1 of the NCAA Manual ..... "Review of Denied Waiver" ..... "A conference that denies an institutions hardship waiver may submit the waiver to the "Committee of Student-Athletes Reinstatement". The committee shall have the authority to review and determine whether to approve the waiver based on circumstances that may warrant relief from the application of the legislated waiver criteria."

In other words the Committee of Student-Athlete Reinstatement can approve the hardship waiver even if Hamlin doesn't meet the rules to get a medical hardship (which he doesn't), if they feel that there are circumstances that warrant granting the waiver anyhow.

I suspect Pitt will petition the ACC for a medical hardship for Hamlin, I suspect the ACC will deny by letter of the law but that Pitt will then have them submit the request to the Committee of Student-Athlete Reinstatement in hopes the committee will find circumstances to give Hamlin the waiver despite not meeting the waiver criteria.

 

[burnie1105]

I'm sure the Athletic Department's Compliance Department, full of paid professionals, was unaware of this 'loophole'. Good work.

 

[Safety Blitz]

What are the "circumstances" that will override the rule as written?

 

[goalieman]

I'm sure the Athletic Department's Compliance Department, full of paid professionals, was unaware of this 'loophole'. Good work.

I'm not addressing the loophole to the Pitt athletic department (I'm sure they are aware of it) but to members of this board to augment previous discussion and add some important information of how Hamlin may get a redshirt that members of this board may not have been aware ...... I'm sure you were aware of this rule and just chose not to inform us.

 

[Jpripper88]

That wouldn't even come into play until his eligibility is set to exhaust. He still has 4 years to play 3.

 

[Pittx9]

My question is would he then be a RS Fr. next year, or is it a situation like price where when his eligibility is up they grant him an extra year?

I don't think Pitt would win this, but I think the only "circumstance" they could try and argue would be that the surgery he is now supposedly getting is from the injury in training camp. They would have to argue that the small amount of time he played was in hopes that he was healthy, but that it turned out he wasn't.

Probably not promising, but I don't know what other argument they have.

 

[goalieman]

What are the "circumstances" that will override the rule as written?

Not stated.

 

[PhPanther1]

Some of us were aware that a "loophole" existed. It was the posters who were adamant that the rule did not allow for a redshirt for Hamlin under any circumstance. Knowing the details of the loophole are irrelevant, but ty for getting some type of information out there for the people who said they have no chance.

 

[ratking17]

This has been addressed by pitt beat reporters that said pitt will apply for it and that the ncaa has been much more lenient recently in granting these redshirt.

 

[Teh Teh]

I have explained the medical hardship waiver several times recently and that Hamlin is not a candidate by the letter of the law ...... however, I also said there may be circumstances or waivers we don't know about ......

Well, I found a loophole in the NCAA Hardship rule that Pitt may try to use to get Hamlin a medical hardship waiver ..... it may or may not work .....

Pitt first has to petition the ACC regarding a medical hardship waiver for Hamlin ..... and by the letter of the law, the ACC should deny the Hardship Waiver to Hamlin..... he just does't meet the criteria for a medical redshirt.

Now the loophole is rule 12.8.4.2.1 of the NCAA Manual ..... "Review of Denied Waiver" ..... "A conference that denies an institutions hardship waiver may submit the waiver to the "Committee of Student-Athletes Reinstatement". The committee shall have the authority to review and determine whether to approve the waiver based on circumstances that may warrant relief from the application of the legislated waiver criteria."

In other words the Committee of Student-Athlete Reinstatement can approve the hardship waiver even if Hamlin doesn't meet the rules to get a medical hardship (which he doesn't), if they feel that there are circumstances that warrant granting the waiver anyhow.

I suspect Pitt will petition the ACC for a medical hardship for Hamlin, I suspect the ACC will deny by letter of the law but that Pitt will then have them submit the request to the Committee of Student-Athlete Reinstatement in hopes the committee will find circumstances to give Hamlin the waiver despite not meeting the waiver criteria.

None of this really matters because he will be going pro after his junior year

 

[Jpripper88]

Some of us were aware that a "loophole" existed. It was the posters who were adamant that the rule did not allow for a redshirt for Hamlin under any circumstance. Knowing the details of the loophole are irrelevant, but ty for getting some type of information out there for the people who said they have no chance.

He isn't eligible for it and it will not be reviewed unless (at the end of his eligibility) he has a compelling case for needing additional eligibility and why his case was out of the ordinary. It is unlikely that is needed and basically 0% chance he gets approved for additional eligibility. If he does? It likely means he will never be an impact player at Pitt either by way of multiple long term injuries and/or transfers.

 

[Joe the Panther Fan]

the ncaa has been much more lenient recently in granting these redshirt.

No, they haven't.

 

[PhPanther1]

He isn't eligible for it and it will not be reviewed unless (at the end of his eligibility) he has a compelling case for needing additional eligibility and why his case was out of the ordinary. It is unlikely that is needed and basically 0% chance he gets approved for additional eligibility. If he does? It likely means he will never be an impact player at Pitt either by way of multiple long term injuries and/or transfers.

Pitt thinks you're wrong.
I don't care to argue it with you. If you wish to argue it, take it up with Narduzzi and the athletic department.

 

[Jpripper88]

Pitt thinks you're wrong.
I don't care to argue it with you. If you wish to argue it, take it up with Narduzzi and the athletic department.

How do they think I am wrong?

 

[PhPanther1]

How do they think I am wrong?

Like I said, i'm not going back and forth with you. If you think Narduzzi and the Athletic Department are wasting their time applying for a redshirt for Damar, go talk to them. I'm done with this topic.

 

[Delpanther]

None of this really matters because he will be going pro after his junior year

snicker, snicker...the guy hasn't started and game yet and he's already going pro.....so effin typical

 

[Delpanther]

I think Pitt will argue that he should get a waiver because, as it turned out, he wasn't healed from the earlier surgery he had.

 

[Joe the Panther Fan]

I think Pitt will argue that he should get a waiver because, as it turned out, he wasn't healed from the earlier surgery he had.

Well that would be the only argument they could make. Whether it is successful or not is another story entirely.

 

[SVPanther]

Sounds like a loophole that swallows the rule. As you presented it, there are clearly defined rules that determine "redshirtness." But, if you don't like the outcome, you can appeal to whoever and they make it up on the fly?
Nah. Don't think so. Furthermore, Hamlin took a ton of snaps. Not exactly the poster boy for the exception.
Not that it matters. In Narduzzi's scheme, you could play Jesus Christ at corner and get the same result. Torched.

 

[Pittx9]

He isn't eligible for it and it will not be reviewed unless (at the end of his eligibility) he has a compelling case for needing additional eligibility and why his case was out of the ordinary. It is unlikely that is needed and basically 0% chance he gets approved for additional eligibility. If he does? It likely means he will never be an impact player at Pitt either by way of multiple long term injuries and/or transfers.

Not always, look at Juan Price. Clearly an impact player. For the most part right though, he's probably the exception not the norm.

 

[goalieman]

Sounds like a loophole that swallows the rule. As you presented it, there are clearly defined rules that determine "redshirtness." But, if you don't like the outcome, you can appeal to whoever and they make it up on the fly?
Nah. Don't think so. Furthermore, Hamlin took a ton of snaps. Not exactly the poster boy for the exception.
Not that it matters. In Narduzzi's scheme, you could play Jesus Christ at corner and get the same result. Torched.

What I posted in the original post in this thread is a review process a student-athlete has for a denied medical hardship waiver that is in the NCAA Manual ...... basically an appeal process for a denied waiver...... the Committee on Student-Athlete Reinstatement has the authority to review the case and grant the waiver even if the student-athlete doesn't meet the strict criteria in the medical hardship rule if there are extenuating circumstances ...... what the extenuating circumstances are and how often this Committee grants the denied waiver I have no idea ...... since Hamlin doesn't meet the strict criteria for a medical hardship waiver, I think Pitt may end up trying this appeal process ...... he certainly may not get the waiver even after the appeal process (if that is what actually happens) ...... I thought it was at least interesting that it is possible to get a waiver even if you don't meet the strict criteria in the rule ..... odd but true.

 

[Jpripper88]

Not always, look at Juan Price. Clearly an impact player. For the most part right though, he's probably the exception not the norm.

But that was an example of the latter. Price not only transferred, but was injured several times.

Like I said, i'm not going back and forth with you. If you think Narduzzi and the Athletic Department are wasting their time applying for a redshirt for Damar, go talk to them. I'm done with this topic.

Link of them saying they are applying for the medical hardship? But, I am sure they would apply. Schools apply and get rejected all the time. Then if he needs a 6th year, they would petition the denial then. They set themselves up in case a Price situation rears its head.

 

[SVPanther]

What I posted in the original post in this thread is a review process a student-athlete has for a denied medical hardship waiver that is in the NCAA Manual ...... basically an appeal process for a denied waiver...... the Committee on Student-Athlete Reinstatement has the authority to review the case and grant the waiver even if the student-athlete doesn't meet the strict criteria in the medical hardship rule if there are extenuating circumstances ...... what the extenuating circumstances are and how often this Committee grants the denied waiver I have no idea ...... since Hamlin doesn't meet the strict criteria for a medical hardship waiver, I think Pitt may end up trying this appeal process ...... he certainly may not get the waiver even after the appeal process (if that is what actually happens) ...... I thought it was at least interesting that it is possible to get a waiver even if you don't meet the strict criteria in the rule ..... odd but true.

Wasn't intended to rip you goalieman (nice to see you again, btw,) just an observation on the NCAA process.

 

[Pittx9]

But that was an example of the latter. Price not only transferred, but was injured several times.

Price never transferred, he was always at Pitt.

 

[Jpripper88]

Price never transferred, he was always at Pitt.

Yeah, that is technically right. He signed with OSU and then asked for a release just before enrolling.

 

[goalieman]

Wasn't intended to rip you goalieman (nice to see you again, btw,) just an observation on the NCAA process.

SVP ...... I didn't take your post as ripping me ...... hope all is well with you.