INDIANAPOLIS—The NCAA Division I Infractions Appeals Committee has upheld the vacation of records penalty and probationary period effective dates for the University of Arkansas, Fayetteville.
In October 2007, the NCAA Division I Committee on Infractions issued an infractions report that included findings of violations in the men’s track and field program for Arkansas. The case centered on violations of NCAA rules regarding recruiting, unethical conduct and failure to monitor.
In its appeal, Arkansas did not challenge any of the violation findings, but asserted that the vacation of records penalty and the effective date of the probationary period were excessive or inappropriate.
The appeal was heard by the Infractions Appeals Committee in July 2008.
As a part of this appeal, the university accepted the three-year probation but requested that the probation period begin when the university had initiated its self-imposed probation. However, the Infractions Appeals Committee denied this request and affirmed the probationary effective dates as October 25, 2007, through October 24, 2010, as determined by the Committee on Infractions. The Infractions Appeals Committee noted that the Committee on Infractions has established the date of the public report as the starting date for probationary periods and has consistently followed this practice since 2004.
Arkansas also asserted that the vacation of the student-athlete’s records was excessive or inappropriate as the underlying infractions were not sufficiently serious to warrant that penalty. However, the Infractions Appeals Committee affirmed this penalty, noting that the violations were not promptly discovered and reported, allowing the student-athlete to remain ineligible throughout his time at the university. The Infractions Appeals Committee also noted that the university was cited for a failure to monitor violation, which the university did not dispute. Further, the Infractions Appeals Committee noted the university is a “double repeat violator” and the Committee on Infractions considered, but did not impose, other penalties, such as a postseason competition ban. In light of these circumstances, the Infractions Appeals Committee upheld the vacation of records penalty, noting that it was neither excessive nor inappropriate.
In considering Arkansas’ appeal, the committee reviewed the notice of appeal; the transcript of the university’s hearing before the Committee on Infractions; and the appeal submissions by Arkansas and the Committee on Infractions.
The members of the Infractions Appeals Committee who heard this case were: Christopher L. Griffin, Foley & Lardner LLP, chair; Susan Cross Lipnickey, Miami University (Ohio); Noel M. Ragsdale, University of Southern California; and Allan A. Ryan Jr., Harvard University.
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