INDIANAPOLIS – The NCAA Division I Infractions Appeals Committee has upheld the finding of violations and associated penalty for the former men’s basketball head coach at Southeast Missouri State University.

In August 2009, the NCAA Division I Committee on Infractions issued a report for findings of violations in the men’s and women’s basketball program at the university. The case centered on NCAA violations for playing and practice seasons, extra benefits and unethical conduct by the former men’s basketball head coach and former assistant coach.

Penalties for the case included three years probation, athletics scholarship reductions, recruiting restrictions and a vacation of records. A three-year show-cause order was also included for the former head coach, which restricted his athletically related duties at any employing NCAA institution.

The former head coach appealed the findings of violations against him and his show-cause order. In his appeal, the former head coach asserted that the findings of violations should be set aside for the following reasons: (1) the findings of violations are clearly contrary to the evidence presented to the Committee on Infractions; (2) the facts found by the Committee on Infractions do not constitute a violation; and (3) the reliability of evidence was affected by procedural errors. He also asserted the show-cause order should be set aside.

Regarding this alleged procedural error, the former head coach claimed that a Committee on Infractions member’s absence from the hearing room for approximately 10 minutes created the possibility that the member might have missed relevant evidence to the case.  The Infractions Appeals Committee found that there was no evidence to demonstrate that the member’s absence constituted reversible procedural error; noting that the case record demonstrated this committee member was sufficiently informed on the issues that were discussed while the member was absent from the room.

The former head coach also asserted that one Committee on Infractions member had a conflict of interest in the case. In its response, the Infractions Appeals Committee noted that the former head coach failed to bring any objection to the Committee on Infractions either prior or after the hearing.  The Infractions Appeals Committee, therefore, concluded that the issue was not properly before the committee and did not consider or decide it.