LSDBi
Division I Proposal - 2019-94
INFRACTIONS PROGRAM -- PENALTIES -- ADDITIONAL PENALTIES FOR LEVEL I AND LEVEL II VIOLATIONS -- VACATION OF RECORDS
Status: Defeated Final
Intent: To specify that a vacation of team records penalty may only be applied if there is a finding of a lack of institutional control or failure to monitor.
Bylaws: Amend 19.9, as follows:
19.9 Penalties.
[19.9.1 through 19.9.6 unchanged.]
19.9.7 Additional Penalties for Level I and Level II Violations. In addition to the core penalties for Level I and Level II violations, the panel may prescribe one or more of the following penalties:
[19.9.7-(a) through 19.9.7-(f) unchanged.]
(g) Vacation of records in contests in which a student-athlete competed while ineligible, including one or more of the following:
(1) Vacation of individual records and performances;
(2) Vacation of team records and performances, including wins from the career record of the head coach in the involved sport, or, in applicable cases, reconfiguration of team point totals; or
(3) Return of individual or team awards to the Association.
[19.9.7-(h) through 19.9.7-(l) unchanged.]
19.9.7.1 Vacation of Records. Vacation of records per Bylaw 19.9.7.1-(g) shall apply only to cases in which there is a finding of a lack of institutional control or institutional failure to monitor, except for the following:
(a) Wins from the career record of a head coach may be vacated in a case in which he or she is found responsible for a violation or for the action of an individual staff member who reported to the head coach (see Bylaw 11.1.1.1); and
(b) Awards or records of a student-athlete may be vacated in a case in which he or she is found substantially responsible for the underlying violation.
[19.9.8 through 19.9.11 unchanged.]
Source: Atlantic Coast Conference
Effective Date:August 1, 2022
Proposal Category: Amendment
Topical Area: Infractions Program
Rationale: Vacation of team records is one of the most serious and visible penalties that attaches to an institution's reputation. As such, it should be applied only in serious cases in which there is clear institutional culpability.
Division I Commitment addressed by proposal: The Commitment to Institutional Control and Compliance.and The Commitment to Value-Based Legislation.
Is the proposal consequential or nationally significant?: Yes. Level I and Level II infractions cases are consequential for the institution and involved individuals, and the vacation of records is a serious penalty applied in the most serious circumstances.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: Not applicable.
How does the proposal support student-athlete success/well-being?: This proposal would support student-athlete well-being by maintaining records in situations that do not involve a finding of failure to monitor or lack of institutional control.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
Position Statement(s):
| Legislative Committee | Opposes |
History
| Jul 15, 2019: | Submitted to National Office | |
| Nov 14, 2019: | In Progress | |
| Jan 31, 2020: | In Progress | Proposal modified by the sponsor to clarify the application to a coach or student-athlete in a case in which he or she is found responsible for a violation. |
| Feb 7, 2020: | Ready for Vote | |
| Apr 1, 2020: | Tabled | Due to the COVID-19 pandemic, the Council tabled the proposals that remained in the 2019-20 legislative cycle. |
| Jul 1, 2021: | In Progress | The Council moved the remaining tabled proposals from the 2019-20 legislative cycle to the 2021-22 legislative cycle. |
| Feb 7, 2022: | Ready for Vote | |
| Apr 13, 2022: | Tabled | Tabled based on the pending work of the Transformation Committee. |
| Apr 13, 2023: | Defeated Final | Based on application of the sunset provision. |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 19.9 | Penalties. |
| I | 19.9.7 | Additional Penalties for Level I and Level II Violations. |