LSDBi
Division I Proposal - 2018-15
INFRACTIONS PROGRAM -- NOTICE OF ALLEGATIONS AND OPPORTUNITY TO RESPOND -- COMMITTEE HEARINGS -- BASIS OF DECISION -- IMPORTATION
Status: Adopted Final
Intent: To specify that: (a) Facts established by a decision or judgment of a court, agency, accrediting body or other administrative tribunal of competent jurisdiction, or by a commission, or similar review of comparable independence, authorized by a member institution or the institution's university system's board of trustees, may be accepted as true in concluding whether an institution or individual violated NCAA legislation; and (b) Evidence submitted and positions taken in such a matter may be considered in the infractions process.
Bylaws: Amend 19.7, as follows:
19.7 Notice of Allegations and Opportunity to Respond.
[19.7.1 through 19.7.8 unchanged.]
19.7.8.3 Basis of Decision. The hearing panel shall base its decision on information presented to it that it determines to be credible, persuasive and of a kind on which reasonably prudent persons rely in the conduct of serious affairs.
19.7.8.3.1 Importation of Facts. Facts established by a decision or judgment of a court, agency, accrediting body, or other administrative tribunal of competent jurisdiction, which is not under appeal, or by a commission, or similar review of comparable independence, authorized by a member institution or the institution’s university system’s board of trustees and regardless of whether the facts are accepted by the institution or the institution’s university system's board of trustees, may be accepted as true in the infractions process in concluding whether an institution or individual participating in the previous matter violated NCAA legislation. Evidence submitted and positions taken in such a matter may be considered in the infractions process.
[19.7.8.4 unchanged.]
Source: NCAA Division I Board of Directors (Commission on College Basketball Enforcement and Infractions Working Group)
Effective Date:Immediate
Proposal Category: Amendment
Topical Area: Infractions Program
Rationale: The Commission on College Basketball recommended that the NCAA authorize its investigators and advocates to submit and rely on evidence admitted in judicial and administrative tribunals and on the decisions of those tribunals. Current NCAA legislation does not expressly permit the Committee on Infractions to accept as true facts established by decisions or judgments from courts, agencies, accrediting bodies or other administrative tribunals, or by a commission, or similar review of comparable independence, authorized by an institution or the institution's university system's board of trustees. Likewise, the legislation does not expressly permit the Committee on Infractions to consider evidence submitted and positions taken in such matters. Investigators and advocates should be authorized to rely on such facts and information in their review of an infractions case. These modifications will clarify the acceptable use of such information and increase efficiency in the infractions process by saving the process time and resources. In addition, the modifications will help the enforcement staff close the gap between known and processed violations of legislation.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Jul 30, 2018: | In Progress | |
| Aug 8, 2018: | Adopted Final | Adopted by the Board of Directors |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 19.7 | Notice of Allegations and Opportunity to Respond. |
| I | 19.7.8.3 | Basis of Decision. |
| I | 19.7.8.3.1 | Importation of Facts. |