If your student-athlete is enrolled in one of the more than 150 high schools that are part of the Utah High School Athletic Association (UHSAA), you know first-hand how important it is to them to be able to compete for their school together with their friends and classmates. The level of commitment that a student-athlete must have is impressive; they must not only study and work hard to be a good student, but they must also endure the rigors of staying in shape, improving their skills, and testing themselves as an athlete.
Of course, being a student-athlete is rarely a one-person show. Parents, guardians, and other family members also help along the way, whether it's by quizzing the student before a test, making sure they get to their practices and competitions, or helping them overcome the occasional disappointments that inevitably come with athletic competitions. There is another way you, as a parent or guardian can help, and that is by understanding the UHSAA's eligibility requirements and helping your student-athlete make sure they stay eligible throughout their high school years.
While the UHSAA publishes a comprehensive handbook that includes almost all of the information you might need to know about student-athlete eligibility in Utah, at more than 200 pages it also includes a lot of other information as well. Wading through the handbook to find what you need can be tedious and time-consuming, so student-athlete attorney-advisor Joseph D. Lento and the Lento Law Firm Team have put together this summary of some of the more important UHSAA bylaws that relate to student-athlete eligibility.
If after reviewing this, you still have questions or are concerned about your student-athlete's continued eligibility to compete in high school sports in Utah, contact Joseph D. Lento and the Lento Law Firm Team to find out how they can help you, as they've helped many other families with similar questions all across the US.
Age-Limit, Season-Limit, and Year-Limit Restrictions and Waiver Requests
Student-athletes competing in high school sports in Utah remain eligible (assuming they meet all other requirements) until they turn 19; after that, eligibility depends on when their birthday is. If they turn 19 before September 1, they will be ineligible to compete during the next school year. If their birthday is on or after September 1, however, they may still compete through the entire school year.
Student-athletes are also limited to four seasons of competition per sport after they enter 9th grade, and they have four consecutive years of potential eligibility in which to compete.
It can be challenging to secure a waiver of these rules. The UHSAA handbook does not specifically provide a process for requesting waivers or exceptions in cases where a student is declared ineligible to compete because of the age-limit, season-limit, or year-limit rules. There is a general hearing process that exists for questions that relate to the UHSAA “eligibility rules or any other issues which relate to the activities under the jurisdiction of” the UHSAA. These are held before a panel of the UHSAA Executive Committee.
Hearing decisions may be appealed. These are heard by a separate hearing panel established and made up of three members of the UHSAA Board of Trustees (except in cases relating to transfer eligibility, which are heard by a three-person panel appointed pursuant to Utah state law). In any case, the decisions of the appeal panel are final.
If your student-athlete finds themselves declared ineligible to compete under any of these rules, and you believe there is a good reason to request that the UHSAA make an exception in their case (for example, if your student-athlete was unable to attend school for an extended period of time due to illness or injury), contact student-athlete attorney-advisor Joseph D. Lento for help. He and the Lento Law Firm Team have been helping student-athletes across the country who face eligibility challenges through no fault of their own, and he can help you determine whether your situation would support a waiver request.
Academic Eligibility Requirements and Appeals
After the first semester of 9th grade, high school students must have passed all but one of their subjects during the preceding grading period to be eligible to compete during the next semester. They must also have earned at least a 2.0 GPA (out of 4.0 total) for that earlier grading period. Deficiencies during the final grading period of the school year can be made up in summer school, but the summer school class and the failed class must both be “in the same subject area.”
A student-athlete who is ineligible at the beginning of a new grading period (for example, the second semester of 10th grade) will remain ineligible through the entire grading period. If their grades at the end of the second semester meet the minimum requirements, then their eligibility will be restored (assuming they meet the other eligibility requirements).
It's important to understand how difficult this can be for a student-athlete who has a bad semester. If they don't meet the UHSAA minimum academic requirements, then they lose one entire semester of eligibility. For a football athlete, for example, a bad spring semester can mean they essentially lose the entire fall football season.
This is why it's so important to stay on top of your student-athlete's academic progress. It's also important to take a close look at how grades are awarded in school. If a student-athlete receives a poor grade on a project or an assignment that is graded subjectively (like with an essay or a writing assignment), it may make complete sense to have them discuss the result with their teacher and see whether there is any way the work can be re-evaluated or whether there is an opportunity to submit extra credit that can help improve the student-athlete's overall grade.
And in situations where you believe your student has been treated unfairly by their teacher to the point where they face a loss of eligibility as a result, contact student-athlete attorney advisor Joseph D. Lento and the Lento Law Firm Team for help. He has advised students all over the country facing similar issues, and he can help you decide what the best way is to make sure your student-athlete's rights are being protected in the classroom.
School Disciplinary Defense
Student-athletes spend a lot of time in school, probably more time than they spend in practice and competition combined. As a result, there are significantly more chances for a student-athlete to be declared ineligible as a result of allegations of in-school misconduct than for anything they may do on the practice field or during a game.
All schools have codes of conduct that apply to their students. These will describe in some detail the types of misconduct that the school regulates and the different consequences that can result. In most cases, of course, kids get in trouble and you as a parent or guardian may never hear about it. But when a student-athlete is accused of misconduct that can result in them being suspended – or, as is also possible, their ability to participate in extracurricular activities is suspended – then school conduct decisions can have a serious impact on the student's ability to compete.
Joseph D. Lento has years of experience helping students all across the country who face allegations of misconduct that can result in serious consequences such as these. He and the Lento Law Firm Team have seen over and over how schools often don't fully investigate misconduct claims and then fail to conduct disciplinary proceedings in a way that respects the student's rights. They understand the limits of school disciplinary investigations and proceedings, and they can help you and your student-athlete make sure that the entire situation has been investigated and that your student-athlete's rights are respected in any disciplinary hearing that may result. Where appropriate, they're able to use their experience to suggest alternative forms of discipline that can keep your student-athlete competing while still respecting the school's need to maintain discipline and order.
Disciplinary Defense for Misconduct During Competition
It is extremely important that student-athletes understand in advance the consequences of unsportsmanlike conduct during competitions. As the UHSAA handbook emphatically notes, “PLAYERS MAY NOT APPEAL AN EJECTION.” Penalties for being ejected from a competition due to unsportsmanlike conduct are as follows:
- First ejection: ineligibility for the next scheduled competition
- Second ejection: ineligibility for the next two competitions
- Third ejection: ineligibility for 365 days from the date of the ejection
- Any ejection for taunting: ineligibility for the next two scheduled competitions for a first offense, four competitions for a second offense, and the entire season for a third offense
- Any ejection for “violent behavior”: Ineligibility for at least two competitions
- Approaching an official in an unsportsmanlike manner after a competition: ineligibility for the next competition
In even more serious cases, the UHSAA Executive Committee can impose its own penalties. If your student-athlete has been accused of this level of misconduct, you need the help of an experienced student-athlete attorney-advisor who has helped others deal with similar situations. Joseph D. Lento and the Lento Law Firm have that experience and are ready and able to help investigate the situation, advise you on your student-athlete's options, and assist with discussions and meetings with the UHSAA Executive Committee.
Transfer Issues That Can Affect Eligibility
The UHSAA has a comprehensive set of bylaws that relate to when a student-athlete who transfers from one high school to another can be eligible to compete at the varsity level at their new high school. Because they try to address as many transfer scenarios as possible, the rules are complicated and not always easy to apply.
Student-athletes must ask the USHAA for eligibility whenever they transfer from one high school to another. There are several listed situations when the UHSAA “shall grant” such a request:
- The student's “full family” moves from one school boundary area into another school boundary area or moves to Utah from out of state;
- The student's transfer is the result of a death in the family, a divorce, or a change in legal custody that requires the student to move to a new residence;
- The student is a documented victim of bullying at the old school
Students are not required to transfer to a new school if their families move; the UHSAA allows them to stay at their original high school and remain eligible to compete at all levels. In other transfer situations, the student-athlete is ineligible to compete at the varsity level for a full 12 months from their last day at their old school.
It's important to plan ahead if your family is considering the kind of move that will result in your student-athlete transferring high schools or if your student-athlete believes they want to switch to a different high school than the one they're attending. There are a couple of reasons for this. For one, you want to know ahead of time what the effect will be on your student-athlete's eligibility. In addition, the UHSAA must approve transfer applications, and they will not do so “unless and until the transferring student has enrolled at the transferee school.” The catch here is that if the UHSAA does not approve the transfer, the student-athlete is stuck at the new school.
Some UHSAA decisions on transfer requests can be appealed. Where the transfer request is based on the criteria in the UHSAA transfer rule, but the Executive Director denies the request, it can be appealed to an appeal panel of the UHSAA Executive Committee or Board of Trustees. Where the request is based on criteria other than those set forth in the transfer rule, the decision of the Executive Director may not be appealed.
The transfer approval process in Utah can be confusing. Rather than risk running into a situation where your student-athlete is prevented from competing for an entire year, it's better to make doubly or triply sure before you make the move or your student-athlete transfers. Student-athlete attorney-advisor Joseph D. Lento and the Lento Law Firm Team can help you understand the eligibility consequences of whatever you or your student-athlete are thinking of doing when it comes to moving to a new home or school. They can help you gather all of the information you need and prepare the transfer eligibility request so that it meets all of the UHSAA criteria for your particular situation.
Joseph D. Lento Can Help Keep Your Student-Athlete Competing
You probably know how fast the four years of high school can fly by. For student-athletes, with their busy schedules, it can move even more quickly. But things can come screeching to a halt when a student-athlete is suddenly not able to compete. Joseph D. Lento understands that. He has helped student-athletes all over the country remain eligible in the face of all sorts of different challenges, and he and the Lento Law Firm Team can use that experience to help your student-athlete too.
If your student-athlete is facing a situation where their eligibility to compete is at risk, call Joseph D. Lento today at 888.535.3686, or click here to set up a confidential consultation with the Lento Law Firm Team. We're here to listen and to help!
