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Under NCAA Bylaw 126.96.36.199, an institution's regular financial aid authority shall notify a student-athlete in writing of the opportunity for a hearing when institutional financial aid based in any degree on athletics ability is reduced or cancelled during the period of the award, or not renewed.
Below are the procedures Xavier University has established to meet the requirements of Bylaw 188.8.131.52 of providing a student-athlete with a prompt hearing to appeal the reduction, cancellation or non-renewal of athletic aid.
The Athletic Scholarship Hearing Committee will be comprised of at least three (3) Xavier Faculty/Administrators (excluding athletic department personnel) which shall include the Senior Associate Director of the Office of Financial Aid (Chair of the committee) as well as the NCAA Faculty Representative.
A student-athlete who wishes to appeal any decisions related to his or her financial aid reduction, cancellation or non-renewal shall submit a typed request for a hearing within 14 days of receiving notice of the reduction, cancellation or non-renewal of financial aid. The request should be addressed to the Athletic Financial Aid Appeals Committee, Xavier University Office of Financial Aid, 3800 Victory Parkway, Cincinnati, OH 45207.
The student-athlete's typed request should include the following:
- The student-athlete's name, social security number or student identification number, sport, year in school;
- Type and amount of previous athletic financial aid;
- Reasons for believing that the decision was unjust, including the names of Xavier University staff members (e.g., coach, financial aid officer, athletic administrator) with whom the student has discussed the aid; and
- Copies of any relevant documents (e.g., initial award letters);
- A written list of witnesses including any advisors and their relevance if applicable; and
- A request for an open hearing (otherwise the hearing will be closed)
The hearing will proceed as follows:
A. A representative of the Athletic Department will appear first and provide reasoning for the reduction, cancellation or non-renewal of the athletic grant-in-aid. The presentation will be in the presence of the student-athlete.
1. The presentation will be made by the coach, if possible. An advisor may be present but can only participate in an advisory capacity. If the coach cannot present the case, the name of the replacement shall be submitted to the Chair of the Committee with an explanation of why the coach could not present the case.
2. The Department of Athletics may present witnesses in support of its case or, with the approval of the Chair of the Committee, a written statement may be submitted. The testimony of witnesses may be question and answer or narrative.
3. At the completion of testimony by each witness, members of the Committee may ask questions. The student-athlete may also ask questions, but the questions must be directed through the chair of the Hearing Committee.
B. After the Athletic Department has presented its case, the student-athlete will put forward his/her case.
1. The student-athlete has the right to representation in an advisory capacity and the right to present evidence.
2. The student-athlete may introduce written statements, produce witnesses, and/or testify personally. Testimony of the witnesses may be by question and answer or by narrative. Written statements may be submitted.
3. After the student-athlete has finished presenting each witness, members of the Hearing Committee may question that witness and/or the student-athlete. The representative of the Athletic Department may also ask the questions of the witness and/or the student athlete, but the questions must be directed through the Chair of the Committee.
C. The chair of the Committee will have the right to exclude any evidence or restrict the number of witnesses if determined to be irrelevant to the case.
After all testimony is received, the Hearing Committee will render a final, non-appeal able decision within five (5) business days of the conclusion of the hearing.