This article has a great explanation of the Medical Retirement rule as applied to an OSU running back from 2017.
Long story short, you are retiring from the game. If you want to return, you are forced to transfer. You can't just be stashed on the Medical Retirement list for 2 years and come back.
Clarifying NCAA rules on Medical Retirements and how they impacted Oregon State & Oregon
www.buildingthedam.com
I'm trained to look at rules/codes/statutes and offer opinions regarding how they should be interpreted.
The rule regarding "counters who become critically injured or ill" reads "A counter who becomes injured or ill to the point he or she apparently will never be able to participate in intercollegiate athletics shall not be considered a counter beginning with the academic year following the incapacitating illness or injury."
The "incapacitating injury or illness" rule reads, in relevant part, "If an incapacitating injury or illness occurs prior to a prospective student-athlete's participation in athletically related activities and results in the student-athlete's inability to compete ever again, the student-athlete shall not be counted within the institution's maximum financial aid award limitations for the current, as well as later academic years.
The "change in circumstances" rule reads, in relevant part, "If circumstances change and the student-athlete subsequently practices or competes
at the institution where the incapacitating injury or illness occurred, the student-athlete shall again become a counter, and the institution shall be required to count that financial aid under the limitations of that by-law in the sport in question during each academic year in which the financial aid was received."
Questions:
1. Did Ava Jones become "injured or ill to the point he or she apparently will never be able to participate in intercollegiate athletics?" The answer would appear to be "yes."
2. Did Ava Jones' injury occur "prior to [her] participation in athletically related activities and result in the student-athlete's inability to compete ever again?" Again, the answer appears to be "yes."
3. Might Ava Jones' circumstances change where she could practice and participate? Again, the answer could be "yes."
4. If she is medically cleared, would Ava Jones be competing "
at the institution where the incapacitating injury or illness occurred?" The answer to that question would seem to be "no."
Words and sentences are to be given effect. The "retroactive" rule - as written - would seem to apply ONLY where the the injury occurred at the institution where the athlete is returning to action. I'd argue that the injury happened in Louisville. Ava Jones was not enrolled at the University of Iowa and the injury could not have "occurred" at the University of Iowa.
I'd argue that the words "where the incapacitating injury or illness occurred" must be given meaning.
The rule could have been written as: "If circumstances change and the student-athlete subsequently practices or competes
at the institution where he or she received financial aid for prior years, the student-athlete shall again become a counter, and the institution shall be required to count that financial aid under the limitations of that by-law in the sport in question during each academic year in which the financial aid was received."
But that's not how the rule was written. It has very specific words - "
the institution where the incapacitating injury or illness occurred" - and rules of construction and interpretation require words to be given meaning and not ignored or read out of the the statute/code/rulebook.
I think that the U of Iowa's legal counsel / U of Iowa Compliance Department could make an awfully compelling argument that the "retroactive" rule - per the written words of the rule - does not apply to Ava Jones' situation.