LSDBi
Division I Proposal - 2017-7
INFRACTIONS PROCESS -- VIOLATION STRUCTURE -- INCIDENTAL INFRACTION (LEVEL IV VIOLATIONS) -- ELIMINATION OF LEVEL IV CLASSIFICATION
Status: Adopted Final
Intent: To eliminate the Level IV violation classification and specify that former Level IV violations shall be processed as Level III violations.
A. Bylaws: Amend 19.1, as follows:
19.1 Violation Structure.
[19.1.1 through 19.1.3 unchanged.]
19.1.4 Incidental Infraction (Level IV Violation). An incidental infraction is a minor infraction that is technical in nature and does not constitute a Level III violation. Incidental infractions generally will not affect eligibility for intercollegiate athletics. Multiple or repeated Level IV violations collectively may constitute a Level III violation.
B. Bylaws: Amend 19.5.3, as follows:
19.5.3 Notice of Inquiry to Institution. Before the enforcement staff conducts an inquiry on an institution's campus, the enforcement staff shall notify the institution's president or chancellor (or his or her designee) of the inquiry, either orally or in writing. This notice shall toll the statute of limitations. The institution shall be informed of its obligation to cooperate and of the confidential nature of the inquiry. The institution shall be notified that if the inquiry develops reliable information of a possible Level I or Level II violation, a notice of allegations will be produced. In the alternative, the institution will be notified that the matter may be processed as a Level III or Level IV violation or that the matter has been concluded.
C. Bylaws: Amend 19.9.8, as follows:
19.9.8 Penalties for Level III and Level IV Violations. Penalties for Level III and Level IV violations may include, but are not limited to, the following:
[19.9.8-(a) through 19.9.8-(i) unchanged.]
D. Bylaws: Amend 19.11, as follows:
19.11 Notice of Allegations, Opportunity to Respond and Penalties (Level III Cases).
19.11.1 General Process for Alleged Violations. A Level III case is a case presenting Level III or Level IV violations that do not collectively constitute a Level II violation. An institution or involved individual subject to a show-cause order in a Level III case may be represented by legal counsel and shall be provided the following:
[19.11.1-(a) through 19.11.1-(b) unchanged.]
19.11.2 Determination by Enforcement Staff. After reviewing relevant information and consulting with the institution or involved individual, the enforcement staff shall conclude whether one or more Level III violations occurred. If the enforcement staff concludes that the alleged violation(s) should not be processed as a Level III case, it may process the case as Level I or Level II case, as appropriate, refer the case to the institution's conference for resolution as a Level IV case, or determine that no further action is required.
[19.11.3 through 19.11.4 unchanged.]
E. Bylaws: Amend 19.12, as follows:
19.12 Notice of Allegations, Opportunity to Respond and Penalties (Level IV Cases).
19.12.1 Conference Policies. A member conference shall establish, publish and adhere to policies for the investigation and resolution of alleged Level IV violations. Such policies shall afford institutions notice of alleged violations and an opportunity to respond.
19.12.2 Determination by Conference. Cases involving only Level IV violations shall be processed by the institution's athletics conference. The conference shall work with the institution to determine whether compliance deficiencies need to be addressed and, if so, the appropriate penalties to be prescribed, if any. In cases involving multiple or repeated Level IV violations, the conference may consult with the NCAA enforcement staff to conclude whether the allegations should be treated as Level III violations. Any violations processed and penalties prescribed by the conference shall be kept on file for review by the NCAA enforcement staff. Failure to fully implement the penalties may subject the institution to disciplinary action by the NCAA.
19.12.2.1 Institutions without Conference Affiliation or with Multiple Affiliations. A case involving only Level IV violations by an institution that is not affiliated with an athletics conference shall be processed by the NCAA enforcement staff. If an institution is affiliated with more than one conference, the violations shall be processed by the conference governing the sport in which the violations occurred.
19.12.2.2 Review of Level Determination. The vice president of enforcement, or his or her designee, may determine that a violation processed by a conference as a Level IV violation should have been processed at a different level. Subject to any applicable statute of limitations, the enforcement staff shall notify the conference and involved institution that the case was not processed correctly, that the enforcement staff intends to resolve the case pursuant to this article and that the NCAA may take appropriate action.
[19.13 renumbered as 19.12, unchanged.]
Source: NCAA Division I Council (Enforcement and Infractions Review Group)
Effective Date:Immediate
Proposal Category: Amendment
Topical Area: Infractions Program
Rationale: Recent legislative reform created the Level IV class of incidental infractions that are purely technical in nature. While not required to do so, many institutions are currently submitting self-reported Level IV violations to the NCAA enforcement staff, thereby triggering a review by NCAA staff to determine whether the violations were appropriately submitted as Level IV. Processing these violations as Level III will streamline the process and be more efficient for member institutions and staff. This proposal is being recommended as noncontroversial legislation, inasmuch as broader consultation and debate are unlikely to improve the proposal in any substantial way, significant disagreement or alternative points of view will not be generated and there does not appear to be a significant impact on existing or proposed legislation.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Apr 14, 2017: | Adopted by Council | |
| Apr 14, 2017: | Adopted Final |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 19.1 | Violation Structure. |
| I | 19.1.4 | Incidental Infraction (Level IV Violation). |
| I | 19.5.3 | Notice of Inquiry to Institution. |
| I | 19.9.8 | Penalties for Level III and Level IV Violations. |
| I | 19.11 | Notice of Allegations, Opportunity to Respond and Penalties (Level III Cases). |
| I | 19.11.1 | General Process for Alleged Violations. |
| I | 19.11.2 | Determination by Enforcement Staff. |
| I | 19.12 | Notice of Allegations, Opportunity to Respond and Penalties (Level IV Cases). |
| I | 19.12.1 | Conference Policies. |
| I | 19.12.2 | Determination by Conference. |
| I | 19.12.2.1 | Institutions without Conference Affiliation or with Multiple Affiliations. |
| I | 19.12.2.2 | Review of Level Determination. |