An Opinion Column by Alex Goff—It wasn't that hard to find documentation of a consortium (or a shared resources) agreement between the University of Notre Dame, Saint Mary's College (Notre Dame, Ind.), and Holy Cross (Notre Dame, Ind.).

(Correction on this - I was using the term consortium agreement somewhat generically, but there are shared resources btween schools and official consortium agreements, and they are different.)

It took about five minutes. UND's suspension from D1A focuses on three players who are students at either Holy Cross or Saint Mary's, saying in part that while a USA Rugby official allowed such crossover players in 2017, DIA rescinded that agreement in 2018 (with a one-season waiver), in part because they could find no evidence of such an agreement.

Certainly it seems true (given the evidence and statements I've seen) that USA Rugby had no record of agreeing to a consortium situation for Notre Dame. But, such a situation does exist.

University of Notre Dame Men's Rugby Suspended Through May

This directly from the Holy Cross website (https://www.hcc-nd.edu/tricampus/):

Social Opportunities

A number of student clubs and organizations at Saint Mary’s College and the University of Notre Dame are open to Holy Cross College students, including Marching Band (www.ndband.com), Equestrian Club, Crew, ROTC, Folk Choir, Glee Club and more.

For a complete listing of student clubs and organizations, visit:
Notre Dame Student Activities Office
Notre Dame Campus Ministry
Notre Dame Club Sports
Saint Mary’s Office of Student Involvement
Saint Mary’s Campus Ministry

The link to Club Sports lists Men's and Women's rugby.

And this from the Saint Mary's website (https://www.saintmarys.edu/admission-aid/first-year-students/apply/faq)

Q. What is Saint Mary’s relationship with the University of Notre Dame and Holy Cross College?

A. Saint Mary's, Notre Dame and Holy Cross College enjoy a distinctive relationship that provides you with the exciting atmosphere of a large, comprehensive university and tri-campus community. You'll have Saint Mary's, Holy Cross’ and Notre Dame's legendary traditions while enjoying Saint Mary's academic excellence.

Join the marching band or other cultural activities

Participate in club sports

Take Notre Dame classes

Attend sporting events such as Notre Dame Fighting Irish football games

Enjoy dances and other social activities

And, finally, this from the Notre Dame website (https://recsports.nd.edu/club-sports/faqs/)

Can Saint Mary’s or Holy Cross students be club members?

All clubs except Men’s and Women’s Boxing, and Men’s Volleyball are open to St. Mary’s and Holy Cross students. St. Mary's and Holy Cross students are encouraged to join any of the other club sports.

Are faculty and staff permitted to join a club?

They may join and participate in practices, but they may not compete or serve as club officers.

________

OK so that seems pretty clear. All three universities say in writing and in emphatic fashion that you can join a club sport at Notre Dame. Rugby at Notre Dame is a club sport. Now, that should have been the defense and appeal basis for Notre Dame in 2018. Trying to play those players in the 2019-20 season, after they had been expressly told not to, is why the team and the coach received a suspension. But it doesn't also mean that the original ruling in 2018 to deny those players was wrongly decided.