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Wednesday, October 6, 1999
Decision day looms for three A&M-K stars
Judge to rule today on temporary restraining orders
By Javier Becerra
Caller-Times
State District Judge J. Manuel Banales is expected to decide today on whether to extend temporary restraining orders filed by three Texas A&M-Kingsville football players who were declared ineligible by the university and the National Collegiate Athletic Association.
A hearing is scheduled for 1:30 p.m. today in the 105th District Court at the Kleberg County Courthouse in Kingsville for quarterback Terrance Bennett, tight end Giles Cole and free safety Cephus Scott.
All three players were declared ineligible two weeks ago by A&M-Kingsville for infractions of NCAA rules, but were legally cleared to play after obtaining temporary restraining orders protecting them from the suspensions. Cole has played in A&M-Kingsville's two games since the Sept. 24 decision. Bennett and Scott have each missed one game because of injuries.
A&M-Kingsville ruled Bennett and volleyball players Ada Ihemelu and Amie Trees ineligible based on interpretations of NCAA regulations regarding the transfer of credits in remedial courses from other institutions. The NCAA informed the university that developmental credits completed at a junior college may not be utilized for purposes of determining transferable degree credit.
The situation differs with Cole and Scott.
Cole needed 14 hours last spring to complete the coursework for a degree in criminology. Cole's mother, Theresa Cole, said her son was advised to take only 11 hours, delaying his graduation at least one semester.
NCAA rules stipulate a student must carry 24 hours from one year to the next to maintain eligibility, meaning Cole needed to have taken at least 13 hours during the fall 1998 semester.
All of which makes his part-time status this semester questionable.
"You can average 12 hours per term for the year, but basically you need 24 hours from year to year," said Steve Mallonee, NCAA director of membership services and Division I governance staff liaison.
Scott said the NCAA found him in violation of its "4-2-4-2" rule, which states a student may not begin college at a four-year institution, transfer to a two-year school, then transfer twice to four-year schools without sitting out a season.
Scott originally enrolled at A&M-Kingsville, transferred to Garden City Junior College after one semester, then transferred to Kansas State and back to A&M-Kingsville last year.
Mallonee said a student must sit out one academic year any time there is a transfer if the student intends to play on behalf of the institution. Mallonee said there are some legislative exceptions, such as the one-time transfer rule that allows students transferring for the first time from a four-year institution to possibly not have to sit out a year.
If a student starts at a two-year college and then transfers to a four-year school, the initial eligibility at the first four-year school will be determined based on the two-year college transfer regulations. If there is a transfer to a second four-year school, the one-time transfer exception could be used because it is the first transfer from a four-year school.
"But when you're in a 4-2-4-4 situation, you've now transferred twice to a four-year school," Mallonee said. "The exception doesn't apply to a scenario when you have an intervening two-year college. There are two other institutions after that where he did play.
"The exception to the one-time transfer is not necessarily contingent upon playing at the previous school. It doesn't apply to a scenario when somebody has previously attended two other four-year colleges. That's why it isn't applicable to that situation. That is not necessarily a new rule or a new interpretation."
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