Patrick Kinahan: Rules should force BYU to let Bernard leave without restriction


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SALT LAKE CITY — Without going into the specifics of the individual situation, which is not relevant to the point, NCAA rules should dictate that BYU allow linebacker Francis Bernard to transfer to the football program of his choice.

And, by no means, is this any criticism of BYU or its coaches and administration. Going big picture, the NCAA needs to rethink the inability to transfer without restrictions.

“The best interest of the kid is what takes the No. 1 priority,” said Utah coach Kyle Whittingham. “It’s what’s in the best interest of the player.”

Especially for football and men’s basketball, college athletics have long gone the way of professional sports. It is time for the participants in those sports have the freedom to move on in the way their coaches can.

College athletes, exactly like the men and women who coach them, should be free to transfer without any financial penalty. As it stands, a university can refuse to grant an athlete a release to transfer to a particular program, which means the player cannot receive a scholarship for one year and typically has to sit out the following season.

Coaches can come and go as they please without any restrictions. As often is the case, athletic departments do not hold coaches to contracts if they want to leave for a better job or whatever the reason.

The opinion here is to give athletes the same allowance. Enforce them to sit out a season upon transferring, but allow the players to go on scholarship upon enrollment.

“It’s a case-by-case basis,” Whittingham said of Utah’s policy. “I don’t think there can be one overriding philosophy.”

In Bernard’s case, BYU issued a press release last week stating he would redshirt this season and return as a junior next year. In an interview with the Salt Lake Tribune, Bernard’s brother said the player doesn’t want to redshirt and would like to transfer to Utah. His brother’s issues are related to the school’s Honor Code, James Bernard Jr. said.

Earlier this summer, coach Kalani Sitake said he would release a player without restrictions if he wanted to transfer. This week he backed off that statement, indicating there is a difference between a player already in the program and one returning from a mission and wanting to transfer.

“Things become a little more difficult when they become part of your team and they become a student,” Sitake said. “I don’t have all the answers to that, but I know I want all our players to have success.”

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BYU has been working with Bernard, who has not publicly declared any intention to transfer, for some time now. He was suspended for last season’s Poinsettia Bowl against Wyoming.

Potentially, BYU could prevent Bernard from receiving a scholarship this year to the program of his choice. BYU plays host to Utah on Sept. 9, hoping to break a six-game losing streak against the Utes.

Typically, coaches may be hesitant to allow a player to transfer to a team that is on their schedule. Some conferences also have more stringent regulations in allowing a player to transfer within the same conference.

Last season, defensive lineman Stevie Tu’ikolovatu graduated from Utah and immediately played his senior year at Southern California, which lost in Salt Lake City last September. This season, after getting kicked off of Oregon’s team, receiver Darren Carrington graduated and will play for the Utes, who meet the Ducks in October.

“If you’ve got a senior that’s graduated, I think they should be able to do what they want to do. Now there’s a little bit of an asterisk to that. If it’s a team on the schedule they’re transferring to, that changes the dynamic a little bit,” Whittingham said.

“I can’t give you a hard and fast answer on a kid that’s not graduated that wants to transfer because there’s so many different scenarios.”

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