W. Va. Code R. § 133-27-3 - Retaining Financial Assistance

Financial assistance which is awarded on a basis other than athletic ability or participation shall be retained by the student athlete according to regulations applicable to the type of assistance awarded, and shall not be conditioned in any way upon athletic participation.

Students shall retain athletic grants and other forms of student assistance awarded on the basis of athletic ability or participation in accordance with the following:

3.1. Injury - Athletic aid may not be canceled or reduced at any point during the period for which the award was made in situations where a bona fide injury or physical condition prevents the student athlete from participating in practice sessions or intercollegiate athletics.
3.2. Contribution to team - Athletic aid may not be canceled or reduced at any point during the period for which the award was made on the basis of a student athlete's ability or contribution to the team's success.
3.3. Other - Athletic aid may be reduced or canceled if the recipient (i) renders himself/herself ineligible for intercollegiate competition; (ii) fraudulently misrepresents any information on an application, letter of intent or other document; (iii) engages in serious misconduct warranting substantial disciplinary penalty; or (iv) voluntarily withdraws from athletic participation for personal reasons. Any such reduction or cancellation of athletic aid is permissible only if such action is taken for proper cause by the regular disciplinary or student financial aid authorities of the institution and the student athlete is afforded the opportunity for a hearing through the regular disciplinary or student aid appeal procedures. Subject to the applicable regulations, provisions and exceptions set forth by the duly recognized agency (e.g. National Collegiate Athletic Association) then having jurisdiction, when a student voluntarily withdraws from athletic participation, such cancellation or reduction of the athletic aid may occur only within the terms under which the award was made.

Notes

W. Va. Code R. § 133-27-3

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