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The NCAA rule (8-2-d-2) is "If the batter makes no attempt to avoid being touched by the ball and the pitch is out of the strike zone, the pitch shall be called a ball. The ball is dead, no runners may advance and the batter is not awarded first base unless the pitch is ball four."

The NFHS rule (8-1-1-d) is "If he permits the pitched ball to touch him (7-3-4), or if the umpire calls the pitched ball a strike, the hitting of the batter is disregarded except that the ball is dead. It is a strike or ball depending on location of the pitch."

It is the umpire's judgment call whether the batter made an attempt to avoid being hit.
The NCAA rule used to be different and more favorable to the batter, and there have been multiple "clarifications" of the rule.
Also, 8-2-d-2 is followed by the Approved Ruling:
A.R.—If the batter freezes and is hit by a pitch that is clearly inside the vertical lines of the batter’s box, the ball is dead and the batter is awarded first base.

Most college umpires will automatically award first on any pitch that is in the batter's box. It is hard to justify this from the currently written rule, or from the "clarifications", but real practice in NCAA ball reflects the idea the batter's box "belongs to the batter".

In general at HS level and below, there is in my opinion a high variability among umpires in the way they treat this particular issue.
I am known to pretty much liberally award a HBP. The players I have kept at the plate for failure to avoid are the ones who move or dip into a pitch to draw the HBP.

We teach players to stay in there... especially on curve balls until the ball breaks, and if the ball does not break there is usually precious little time to avoid the pitch.....I have seen players jelly-legged by curves and downright frozen on fast balls....that even a flinch is enough for me to rule an attempt was made to avoid contact....

I know who the ones are that need to stay....the dipping elbow, the full turned back into the strike zone...or the knee extended to catch a pitch.... if the ball is right at him in the batter’s box, then any turn would be enough for me to constitute avoiding.....

but thats me..........others may differ....probably in a few mins, MST will be here to offer the differing opinion....as I am fairly liberal on HBP, MST is not....( probably one of the few things we differ on)....
As PIAA says I am more inclined to keep them than he is. However I still keep few, if he just stands there and lets it hit him then he is staying. I will allow for the frozen batter but that isn't that hard to judge either.
My problem with many guys working HS, they want to use the NCAA rule, I have heard guys tell coaches that if it is in the box they don't have to move. That is absolutely incorrect, the rule doesn't say that. I agree to give the batter the benefit of doubt but not an advantage not allowed by the rules.

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