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For Immediate Release

Friday, April 29, 2011

Contact(s)

Stacey Osburn
Associate Director of Public and Media Relations
317/917-6117

INDIANAPOLIS – The NCAA Division I Infractions Appeals Committee has upheld the finding of violation and associated penalties for the former assistant football coach at the University of Southern California.

The NCAA Division I Committee on Infractions found that the former assistant coach spoke with agency partner (an individual who was in the process of forming a sports agency and marketing company in partnership with student-athlete 1 and his parents) who asked for assistance in convincing a then-current student-athlete 1 to adhere to an agreement with the agency and reimburse the agency partners for money and benefits previously provided to student-athlete 1.  The committee found that the former assistant coach violated NCAA ethical conduct rules by providing false and misleading information about his knowledge of this telephone call and failing to report the potential violation.

In his appeal, the former assistant coach asserted that the finding of violation should be set aside because it was contrary to the evidence and resulted from procedural error. The former assistant coach also appealed the one-year show-cause penalty, which prohibits him from engaging in any recruiting activity with prospective student-athletes. The public report further details these show-cause restrictions.

The Infractions Appeals Committee stated in its report that, “As the committee considered the former assistant coach’s arguments, both written and oral, it became clear that the most pertinent issues devolved to matters of witness credibility.”  This statement specifically related to the former assistant coach’s arguments that the Committee on Infractions allegedly relied on false statements in making its credibility determinations.  The appellate committee considered all of the information presented by the Committee on Infractions and the former assistant coach. As a result, the appellate committee found that the evidence met the standard required by its prior reports, the applicable NCAA bylaw and other matters which properly guide its decisions. The appellate committee also did not agree with the former assistant coach’s remaining arguments on appeal, which the public report further details.

In considering the former assistant coach’s appeal, the Infractions Appeals Committee reviewed the notice of appeal; the transcript of the university’s Committee on Infractions hearing; and the submissions by the former head coach and the Committee on Infractions.  This appeal decision is separate from the university’s appeal, which has not yet been decided.

The Infractions Appeals Committee may overturn a determination of fact or violation finding if the Committee on Infractions’ finding is contrary to the evidence presented; the facts found by the committee do not constitute a violation of NCAA rules; or a procedural error affected the reliability of information that was used to support the findings.  A penalty by the Committee on Infractions may be set aside on appeal if the penalty is excessive such that its imposition constitutes an abuse of discretion.

The members of the Infractions Appeals Committee who heard this case were: Christopher L. Griffin, Foley & Lardner LLP, chair; William Hoye, executive vice president for administration, planning and legal affairs at the Institute for the International Education of Students; Patti Ohlendorf, vice president for legal affairs at University of Texas at Austin; and David Williams, vice chancellor and general counsel at Vanderbilt University.