A Kansas player had appealed to the NCAA to get a 6th year of eligibility because he missed a season following the birth of his daughter.
If this rule was allowed, and had been around 15-20 years ago, Shawn Kemp could still be playing college ball.
usatoday
NCAA denies appeal by Kansas athlete
By Kelly Whiteside, USA TODAY
The NCAA has denied the eligibility appeal of Kansas defensive tackle Eric Butler, who argued for an extra year of eligibility after missing the 2001 season following the birth of his daughter. Arguing there should be a waiver for paternity leave, Butler has also filed a federal civil rights lawsuit alleging the NCAA violated Title IX since its waiver that allows time off for pregnancy applies only to females.
"The pregnancy exception is explicitly written for female students whose physical condition due to pregnancy prevents their participation in intercollegiate athletics and therefore is not applicable in this case," the NCAA's Erik Christianson said by e-mail.
The NCAA does not recall any similar cases in which a male student athlete challenged the pregnancy waiver based on paternity leave "through the NCAA legislative structure or in court because the legislation is clear," Christianson said.
"We're very disappointed," said Kansas associate athletics director Jim Marchiony. "Eric is a great young man who took care of a responsibility as he should have, and we wish the NCAA committee would have seen it a different way."
Marchiony said that there is no course of appeal for Kansas and that Butler cannot participate in practice.
"Now the ball is in Eric's court," Marchiony said Monday about the lawsuit filed before this appeal. The Kansas City Star and the Lawrence (Kan.) Journal-World reported on the suit last week and said it would become moot if the appeal was successful. A call to the law firm representing Butler was not returned.
Butler's five-year eligibility began in 2001 when he enrolled at another school but didn't participate in athletics. His five years expired after last season even though Butler played just two seasons — in 2005 for KU and in 2003 for NAIA school Avila (Mo.).
"When you think about all this gender equity the NCAA preaches, it makes it an interesting decision made by people from colleges and universities around the country," Marchiony said. "If this was in a workplace, this is an open-and-shut case."
If this rule was allowed, and had been around 15-20 years ago, Shawn Kemp could still be playing college ball.
usatoday
NCAA denies appeal by Kansas athlete
By Kelly Whiteside, USA TODAY
The NCAA has denied the eligibility appeal of Kansas defensive tackle Eric Butler, who argued for an extra year of eligibility after missing the 2001 season following the birth of his daughter. Arguing there should be a waiver for paternity leave, Butler has also filed a federal civil rights lawsuit alleging the NCAA violated Title IX since its waiver that allows time off for pregnancy applies only to females.
"The pregnancy exception is explicitly written for female students whose physical condition due to pregnancy prevents their participation in intercollegiate athletics and therefore is not applicable in this case," the NCAA's Erik Christianson said by e-mail.
The NCAA does not recall any similar cases in which a male student athlete challenged the pregnancy waiver based on paternity leave "through the NCAA legislative structure or in court because the legislation is clear," Christianson said.
"We're very disappointed," said Kansas associate athletics director Jim Marchiony. "Eric is a great young man who took care of a responsibility as he should have, and we wish the NCAA committee would have seen it a different way."
Marchiony said that there is no course of appeal for Kansas and that Butler cannot participate in practice.
"Now the ball is in Eric's court," Marchiony said Monday about the lawsuit filed before this appeal. The Kansas City Star and the Lawrence (Kan.) Journal-World reported on the suit last week and said it would become moot if the appeal was successful. A call to the law firm representing Butler was not returned.
Butler's five-year eligibility began in 2001 when he enrolled at another school but didn't participate in athletics. His five years expired after last season even though Butler played just two seasons — in 2005 for KU and in 2003 for NAIA school Avila (Mo.).
"When you think about all this gender equity the NCAA preaches, it makes it an interesting decision made by people from colleges and universities around the country," Marchiony said. "If this was in a workplace, this is an open-and-shut case."