Tracy Rule Policy
Policy Number: #100
Responsible Executive(s):
- President and Chief of Staff
Responsible Office(s):
- Athletics
Date Adopted: 03-14-2022
Date Revised: 03-14-2022
A. Purpose
The Tracy Rule Policy outlines the NCAA requirements to monitor legal and/or institutional misconduct in order to determine student-athlete (SA) eligibility to participate in athletic programming and to receive athletically-related financial aid.
B. Scope
- This Policy applies to all prospective and current student-athletes at Regis University.
- The Athletic Department will be responsible for facilitating, recording, and enforcing the requirements of this policy.
- The Athletic Department will work with the Title IX Coordinator when appropriate for consultation or assistance in facilitating this policy and assessment of eligibility.
C. Policy
In alignment with “The Tracy Rule”, a current or prospective student-athlete (PSA) who has been convicted of, pled guilty or no contest to a felony or misdemeanor involving Serious Misconduct, has been found a delinquent in relationship to a juvenile code equivalent, or has been disciplined by the university or athletic department at any time during enrollment at any collegiate institution (excluding temporary disciplinary action during an investigation) due to Serious Misconduct shall not be eligible for athletically-related financial aid, practice or competition at Regis University (“The University”) unless granted a waiver through the process herein.
The University requires all current or prospective student-athletes to complete the Regis University Minimum Expectations for Due Diligence questionnaire regarding Serious Misconduct and if warranted, conduct an appropriate inquiry prior to providing athletically-related financial aid to a current or prospective student-athlete or allowing them to practice or compete in athletic programming. It is the student-athlete or PSA’s responsibility to complete, collect signatures, and submit their questionnaire to the Athletic Department by the required deadline.
- Current Student-Athletes
All current student-athletes will complete the Regis University Minimum Expectations for Due Diligence Inquiries questionnaire annually and/or whenever they have been accused of/charged with Serious Misconduct The questionnaire must be completed and turned into the Athletic Department for review. Failure to do so may result in conduct charges and/or removal from athletic programming. - Prospective Student-Athletes
All PSA’s will receive the questionnaire from the coach that is recruiting the prospective student during the recruiting period. The questionnaire must be completed and turned into the Athletic Department for review before a financial aid agreement is offered, or the PSA is eligible to practice or compete. - Transfer Student-Athletes
Prospective student-athletes who are transferring to Regis University from another collegiate institution are required to have the Title IX Coordinator, or a University official who can officially speak to the PSA’s nonacademic record in the case of international institutions, at the previous collegiate institution(s) that the student-athlete attended complete an additional question on the Regis University Minimum Expectations for Due Diligence Inquiries questionnaire regarding whether or not the PSA was a respondent in any matter and if they were found responsible. The Regis University Minimum Expectations for Due Diligence Inquiries questionnaire must be accompanied by the signature of the Title IX Coordinator, or a University official who can officially speak to the PSA’s nonacademic record in the case of international institutions, and returned to the Athletic Department for review before a financial aid agreement is offered, or the PSA is eligible to practice or compete.
D. Procedure
- The recruiting coach will provide the Regis University Minimum Expectations for Due Diligence Inquiries questionnaire to all prospective student-athletes during the recruiting period.
- The athletic department will provide the Regis University Minimum Expectations for Due Diligence Inquiries questionnaire to all returning student-athletes on an annual basis.
- Each student-athlete and PSA is responsible for truthfully completing the questionnaire and soliciting a signature from the Title IX Coordinator, in the case of an international institution, the University official who can officially speak to the PSA’s nonacademic record, and submitting the completed form to the Athletic Compliance Office by established deadlines.
- 4. The Athletic Compliance Office will receive and assess all questionnaires. Any questionnaire that has a response of “yes” will be thoroughly reviewed by the Associate Athletic Director for Compliance and the Associate Athletic Director for Student Services. Together they will determine whether the student-athlete or PSA has activated The Tracy Rule, in which case the individual shall not be eligible for athletically-related financial aid, practice or competition at The University.
- If a prospective or current student-athlete activates the Tracy Rule, the Athletic Compliance Office will notify the student-athlete, the head coach, the sport administrator, and the Director of Athletics, and issue a notification letter that includes:
- a copy of the Tracy Rule to the student-athlete or prospect;
- instructions on how to file a waiver of The Tracy Rule. The waiver request must be submitted to the Director of Athletics within 5 business days of the student-athlete or PSA’s receipt of the notification of the activation of the Tracy Rule. The student-athlete or PSA will not be eligible for athletically-related financial aid, practice, or competition while their waiver is pending.
- Within 10 business days of the receipt of a timely filed waiver, the Director of Athletics will assemble a Tracy Rule Review Panel of 3 persons, which shall include the University’s Title IX Coordinator and may also include representation from Student Conduct, Faculty Athletics Representative, and/or Athletics Department staff, with input from the University’s Chief Legal Officer. The Tracy Rule Review Panel shall review the waiver request and make a recommendation to the President or their designee and the Director of Athletics on whether a waiver should be granted within 3 business days of their convening.
- The President or their designee and the Athletic Director will make the final waiver decision and provide the final decision to the student-athlete or PSA within 5 days of their receipt of Tracy Rule Review Panel recommendation. The decision of the President or their designee and the Director of Athletics is final.
E. Definitions
- Current Student-Athlete: A student-athlete who is currently enrolled at Regis, participating in athletic programming, on an athletic roster, and/or receiving athletic financial aid or scholarship.
- Prospective Student-Athlete: Any person who is being considered for participation in athletic programming and/or athletic financial aid or scholarship.
- Serious Misconduct: is defined as any act of incest, rape, sexual assault, sexual violence, domestic violence, dating violence, stalking, sexual exploitation, hate crime, murder, manslaughter, aggravated assault or any assault that employs the use of a deadly weapon or causes serious bodily injury. Serious Misconduct includes any equivalent violation of the student code including but not limited to sexual misconduct, as defined in the Discrimination, Sexual Misconduct, and Retaliation Policy, including sexual harassment, sexual violence, sexual assault, stalking, domestic violence and/or dating violence. Serious Misconduct would also include any other felony or misdemeanor considered equivalent to those listed above in any jurisdiction where current or prospective student-athlete was convicted or pleaded guilty or no-contest.
- The Tracy Rule: Current or prospective student-athletes who have been convicted of, pled guilty or no contest to a felony or misdemeanor involving Serious Misconduct, has been found a delinquent in relationship to a juvenile code equivalent, or has been disciplined by The University or athletic department at any time during enrollment at any collegiate institution (excluding temporary disciplinary action during an investigation) due to Serious Misconduct shall not be eligible for athletically-related financial aid, practice or competition at Regis University (“The University”) except where granted a waiver.
- Waiver Request: A submitted written request from a student-athlete for waiver from the Tracy Rule in order to pursue or continue participation in Athletic Programming.
F. Related Policies Procedures, Forms and Other Resources
The Regis University Minimum Expectations for Due Diligence Inquiries
Regis University Ranger Guide
Regis University Student - Athletics Handbook
Non-Discrimination, Sexual Misconduct, and Retaliation Policy