INDIANAPOLIS – The NCAA Division II Management Council Subcommittee on Infractions and Membership Committee Appeals has upheld the findings of violations and penalties for Missouri Western State University.

In July 2008, the NCAA Division II Committee on Infractions issued a report that included findings of major and secondary violations in the women’s basketball program.  In the case, the committee found that a women’s basketball student-athlete had exhausted her eligibility before enrolling at Missouri Western State, yet competed for two academic years.

In addition to those self-imposed by the university, the Committee on Infractions’ penalties included two years probation, vacation of records, recruiting restrictions and athletics scholarship reductions.

The university appealed the findings of ineligible participation and extra benefits and asserted they were contrary to the evidence presented.  Additionally, the university believed the penalties were excessive.

During the appeal, the university stated that the violations in the case should be considered secondary violations as they were isolated or inadvertent, did not provide a considerable competitive advantage and did not include any significant recruiting inducement or extra benefit.

The Infractions Appeals Subcommittee, however, disagreed with this assessment and found that more than a minimal competitive advantage was gained.  This was supported by the Committee on Infractions statement that the student-athlete “saw substantial playing time during the two years she was ineligible and was a contributor to a number of victories.”  In addition, the Infractions Appeals Subcommittee noted that the lack of evidence of even a minimal investigation into the gap between the student-athlete’s secondary school graduation and collegiate enrollment demonstrated that the violation was not inadvertent.

Based on affirming these findings, the subcommittee also found no basis for modifying the penalties.