NCAA LSDBi

Bylaw 32.12.5

32.12.5 New Information. In making a determination pursuant to Bylaw 32.12.4, the Infractions Appeals Committee shall consider only the information contained in the record(s) of proceedings before the Committee on Infractions and the record on appeal. If an institution or individual seeks to introduce information during the appeals process that was not presented to the Committee on Infractions for its consideration, the Infractions Appeals Committee shall: (Adopted: 1/6/96, Revised: 1/11/08)

(a) Determine whether the information is "new information" per Bylaw 19.02.3. If the Infractions Appeals Committee determines that the information meets the definition of "new information" per Bylaw 19.02.3, the Infractions Appeals Committee, after input from a Committee on Infractions' designee, shall determine whether the "new information" could have materially affected any decision made by the Committee on Infractions, and if so, the case shall be referred back to the Committee on Infractions for its review. If the information does not meet the definition of "new information" per Bylaw 19.02.3 or if the "new information" would not have materially affected a decision made by the Committee on Infractions, the information shall not be included in the record on appeal and shall not be considered by the Infractions Appeals Committee; and (Adopted: 1/11/08, Revised: 6/1/16)

(b) Provide written notice to all parties regarding all decisions made pursuant to Bylaw 32.12.5-(a). (Adopted: 1/11/08)