19 Infractions Program

19.01 General Principles.

19.01.1 Mission of the Infractions Program. It is the mission of the NCAA infractions program to uphold integrity and fair play among the NCAA membership, and to prescribe appropriate and fair penalties if violations occur. One of the fundamental principles of the infractions program is to ensure that those institutions and student-athletes abiding by the NCAA constitution and bylaws are not disadvantaged by their commitment to compliance. The program is committed to the fairness of procedures and the timely resolution of infractions cases. The ability to investigate allegations and penalize infractions is critical to the common interests of the Association's membership and the preservation of its enduring values.

19.01.2 Accountability. The infractions program shall hold institutions, coaches, administrators and student-athletes who violate the NCAA constitution and bylaws accountable for their conduct, both at the individual and institutional levels.

19.01.3 Public Disclosure. Except as provided in this article, the Committee on Infractions, Infractions Appeals Committee, Independent Resolution Panel, enforcement staff and Complex Case Unit shall not make public disclosures about a pending case until the case has been announced in accordance with prescribed procedures. An institution and any individual subject to the NCAA constitution and bylaws involved in a case, including any representative or counsel, shall not make public disclosures about the case until a final decision has been announced in accordance with prescribed procedures.

[19.01.4 through 19.01.5 unchanged.]

19.02 Definitions and Applications.

[19.02.1 through 19.02.2 unchanged.]

19.02.3 Show-Cause Order. A show-cause order is an order that requires a member institution to demonstrate to the satisfaction of the Committee on Infractions or Independent Resolution Panel why it should not be subject to a penalty or additional penalty for not taking appropriate disciplinary or corrective action with regard to an institutional staff member or representative of the institution's athletics interests found by the Committee on Infractions or Independent Resolution Panel as having been involved in a violation of the NCAA constitution and bylaws.

[19.02.4 unchanged.]

19.1 Violation Structure.

19.1.1 Severe Breach of Conduct (Level I Violation). A severe breach of conduct is one or more violations that seriously undermine or threaten the integrity of the NCAA Collegiate Model, as set forth in the constitution and bylaws, including any violation that provides or is intended to provide a substantial or extensive recruiting, competitive or other advantage, or a substantial or extensive impermissible benefit. Among other examples, the following, in appropriate circumstances, may constitute a severe breach of conduct:

[19.1.1-(a) through 19.1.1-(g) unchanged.]

(h) Intentional violations or reckless indifference to the NCAA constitution and bylaws; or

[19.1.1-(i) unchanged.]

19.1.2 Significant Breach of Conduct (Level II Violation). A significant breach of conduct is one or more violations that provide or are intended to provide more than a minimal but less than a substantial or extensive recruiting, competitive or other advantage; include more than a minimal but less than a substantial or extensive impermissible benefit; or involve conduct that may compromise the integrity of the NCAA Collegiate Model as set forth in the constitution and bylaws. Among other examples, the following may constitute a significant breach of conduct:

[19.1.2-(a) through 19.1.2-(g) unchanged.]

[19.1.3 unchanged.]

19.2 Expectations and Shared Responsibility.

19.2.1 Member Responsibility for Compliance. Each institution has an affirmative obligation to monitor and control its athletics programs, its representatives and its student-athletes to ensure compliance with the constitution and bylaws of the Association.

[19.2.2 through 19.2.3 unchanged.]

19.3 Committee on Infractions.

[19.3.1 through 19.3.5 unchanged.]

19.3.6 Authority and Duties of Committee. Disciplinary or corrective actions other than suspension or termination of membership may be prescribed by members of hearing panels of the Committee on Infractions present and voting at any duly called hearing thereof, provided the call of such a hearing shall have contained notice of the situation presenting the disciplinary problem. Actions of panels in cases involving Level I or Level II violations, however, may be subject to review by the Infractions Appeals Committee. The penalties prescribed by a panel are separate and apart from any penalties prescribed as part of the Academic Performance Program by the Committee on Academics. The Committee on Infractions shall:

[19.3.6-(a) unchanged.]

(b) Conclude whether the facts constitute one or more violations of the NCAA constitution and bylaws;

[19.3.6-(c) through 19.3.6-(k) unchanged.]

[19.3.7 through 19.3.8 unchanged.]

19.4 Infractions Appeals Committee.

[19.4.1 through 19.4.4 unchanged.]

19.4.5 Authority of Committee. The Infractions Appeals Committee shall:

[19.4.5-(a) unchanged.]

(b) Affirm, reverse, or vacate and/or remand the panel's findings, conclusions, penalties, corrective actions, requirements, and/or other conditions and obligations of membership prescribed for violations of the NCAA constitution and bylaws;

[19.4.5-(c) through 19.4.5-(d) unchanged.]

19.5 Enforcement Staff Review and Investigation of Alleged Violations.

19.5.1 Enforcement Staff to Receive Information and Conduct Investigations. Information regarding an alleged failure to comply with the NCAA constitution and bylaws or to meet the conditions and obligations of membership shall be provided to the enforcement staff. The enforcement staff shall determine whether an investigation is warranted or whether the matter may be resolved without a formal investigation. If an investigation is warranted, the enforcement staff shall conduct an investigation on behalf of the entire membership to develop, to the extent reasonably possible, all relevant information. The enforcement staff will usually share information with the institution during an investigation, including information that may assist the institution in stopping an ongoing violation. However, to protect the integrity of the investigation, the staff may not, in all instances, share information with the institution.

[19.5.1.1 through 19.5.1.2 unchanged.]

[19.5.2 through 19.5.4 unchanged.]

19.5.5 Interview Notices.

19.5.5.1 Disclosure of Purpose of Interview. If an enforcement staff member requests information that could be detrimental to the interests of the student-athlete or institutional employee being questioned, that individual shall be advised that the purpose of the interview is to determine whether the individual has knowledge of or has been involved directly or indirectly in any violation of the NCAA constitution and bylaws.

[19.5.5.2 unchanged.]

[19.5.6 through 19.5.12 unchanged.]

19.6 Summary Disposition Process Before the Committee on Infractions.

[19.6.1 unchanged.]

19.6.2 Written Report. The institution, involved individuals and the enforcement staff shall submit a written report setting forth:

[19.6.2-(a) through 19.6.2-(b) unchanged.]

(c) A statement identifying the violation(s) of the NCAA constitution and/or bylaws;

[19.6.2-(d) through 19.6.2-(h) unchanged.]

[19.6.3 unchanged.]

19.6.4 Committee on Infractions Review. A hearing panel of the Committee on Infractions shall consider the case during a subsequent meeting.

19.6.4.1 Review of Investigation. The panel shall determine whether a thorough investigation of possible violations of the NCAA constitution and bylaws has been conducted (by the enforcement staff and/or the institution). If the panel determines that the investigation was inadequate, it shall notify the enforcement staff and the parties and allow them to respond, as appropriate.

[19.6.4.2 through 19.6.4.5 unchanged.]

19.7 Notice of Allegations and Opportunity to Respond Before the Committee on Infractions.

[19.7.1 through 19.7.6 unchanged.]

19.7.7 Committee Hearings. The hearing panel assigned to a case shall hold a hearing to make factual findings and to conclude whether violations of the NCAA constitution and bylaws occurred and, if so, to prescribe appropriate penalties as set forth in this article unless all participating parties agree to submit the case in writing without a hearing. In Level I cases that involve a small number of contested issues or Level I cases in which the contested issues are relatively uncomplicated, the institution and/or the involved individual may make a written request to appear before the panel by video conference or other mode of distance communication. The decision regarding the use of video conference (or another mode of communication) rests with the panel. In a Level II case, a hearing will be conducted by telephone or video conference unless an in-person hearing is requested by the panel, institution, enforcement staff or involved individual.

[19.7.7.1 through 19.7.7.6 unchanged.]

[19.7.8 unchanged.]

[19.8 unchanged.]

19.9 Penalties.

[19.9.1 through 19.9.2 unchanged.]

19.9.3 Aggravating Factors. Aggravating factors are circumstances that warrant a higher range of penalties for a particular party. A hearing panel determines whether aggravating factors are present in a case and the weight assigned to each factor. Examples of aggravating factors include, but are not limited, to the following:

[19.9.3-(a) through 19.9.3-(l) unchanged.]

(m) Intentional, willful or blatant disregard for the NCAA constitution and bylaws;

[19.9.3-(n) through 19.9.3-(o) unchanged.]

[19.9.4 unchanged.]

19.9.5 Core Penalties for Level I and Level II Violations. If a hearing panel concludes that an institution or involved individual committed one or more Level I or Level II violations, and after determining the appropriate classification based on aggravating and mitigating factors, the hearing panel shall prescribe core penalties from the ranges set forth in Figure 19-1 and described below. The panel may depart from the core penalties only as set forth in Bylaw 19.9.6.

[19.9.5.1 through 19.9.5.3 unchanged.]

19.9.5.4 Show-Cause Orders. If a determination is made by a hearing panel that an institution has not taken appropriate disciplinary or corrective action regarding an individual found in violation of the NCAA constitution and bylaws, the panel may issue an order that the institution take additional disciplinary or corrective action, including but not limited to, restriction of some or all athletically related duties, as set forth in Figure 19-1, unless the institution appears before the panel to show cause why the additional penalties should not be applied. Decisions regarding disciplinary or corrective actions involving personnel shall be made by the institution, but the determination of whether the action satisfies the institution's obligation of NCAA membership shall rest solely with the Committee on Infractions or Independent Resolution Panel.

[19.9.5.5 through 19.9.5.7 unchanged.]

[19.9.6 through 19.9.7 unchanged.]

19.9.8 Penalties for Level III Violations. Penalties for Level III violations may include, but are not limited to, the following:

[19.9.8-(a) through 19.9.8-(e) unchanged.]

(f) Institutional recertification that its current athletics policies and practices conform to all requirements of the NCAA constitution and bylaws;

[19.9.8-(g) through 19.9.8-(h) unchanged.]

(i) Requirement that a member institution that has been found in violation, or that has an athletics department staff member who has been found in violation of the NCAA constitution and bylaws while representing another institution, show cause why a penalty or an additional penalty should not be prescribed if it does not take appropriate disciplinary or corrective action against the athletics department personnel involved, any other institutional employee, if the circumstances warrant, or representatives of the institution's athletics interests.

[19.9.9 through 19.9.11 unchanged.]

19.10 Appeal of Committee on Infractions Decisions.

19.10.1 Basis for Granting an Appeal.

[19.10.1.1 unchanged.]

19.10.1.2 Findings and Conclusions. A Committee on Infractions hearing panel's factual findings and its conclusion that one or more violations occurred shall not be set aside on appeal except on a showing by the appealing party that:

[19.10.1.2-(a) unchanged.]

(b) The facts found by the panel do not constitute a violation of the NCAA constitution and bylaws; or

[19.10.1.2-(c) unchanged.]

19.10.2 Appeal by Institution or Involved Individual. An institution participating in the proceedings of a Committee on Infractions hearing panel may appeal the panel's findings, conclusions, penalties, corrective actions, requirements and/or other conditions and obligations of membership prescribed for the institution for violations of the NCAA constitution and bylaws. An involved individual participating in the proceedings of the panel and who the panel concluded committed a violation may appeal the panel's findings, conclusions and/or prescribed penalties regarding that individual for violations in which the individual is named. The notice of intent to appeal must be presented in writing to the Infractions Appeals Committee not later than 15 calendar days after the date the hearing panel releases the public infractions decision.

[19.10.2.1 through 19.10.2.2 unchanged.]

[19.10.3 through 19.10.7 unchanged.]

19.11 Independent Accountability Resolution.

[19.11.1 unchanged.]

19.11.2 Independent Accountability Resolution Structure. The independent accountability resolution structure shall consist of the following bodies:

[19.11.2-(a) through 19.11.2-(d) unchanged.]

19.11.2.1 Independent Accountability Oversight Committee.

[19.11.2.1.1 through 19.11.2.1.4 unchanged.]

19.11.2.1.5 Duties and Authority. The Independent Accountability Oversight Committee administers the independent accountability process. The Independent Accountability Oversight Committee shall:

[19.11.2.1.5-(a) through 19.11.2.1.5-(d) unchanged.]

(e) On request by the Independent Resolution Panel, appoint a member of the general public (with formal legal training who is not associated with a collegiate institution, conference, or professional or similar sports organization and who does not represent coaches or athletes in any capacity) knowledgeable in the infractions process and with the NCAA constitution and bylaws to confer with the panel during its review of a particular case;

[19.11.2.1.5-(f) through 19.11.2.1.5-(g) unchanged.]

[19.11.2.2 unchanged.]

19.11.2.3 Independent Resolution Panel.

[19.11.2.3.1 through 19.11.2.3.4 unchanged.]

19.11.2.3.5 Duties and Authority. The Independent Resolution Panel hears and decides cases through hearing panels. Disciplinary or corrective actions other than suspension or termination of membership may be prescribed by panel members present and voting at any duly called hearing thereof, provided the call of such a hearing shall have contained notice of the situation presenting the disciplinary problem. The penalties prescribed by a panel are separate and apart from any penalties prescribed as part of the Academic Performance Program by the Committee on Academics. The Independent Resolution Panel shall:

(a) Find facts related to alleged NCAA constitution and bylaw violations;

(b) Conclude whether the facts constitute one or more violations of the NCAA constitution and bylaws;

[19.11.2.3.5-(c) unchanged.]

(d) As approved by the Independent Accountability Oversight Committee at the request of the panel, confer with a member of the general public (with formal legal training who is not associated with a collegiate institution, conference, or professional or similar sports organization and who does not represent coaches or athletes in any capacity) knowledgeable in the infractions process and with the NCAA constitution and bylaws during the panel's review of a particular case;

[19.11.2.3.5-(e) through 19.11.2.3.5-(j) unchanged.]

[19.11.2.3.6 through 19.11.2.3.7 unchanged.]

19.11.2.4 Complex Case Unit.

[19.11.2.4.1 through 19.11.2.4.2 unchanged.]

19.11.2.4.3 Duties and Authority. After a case is referred by the Infractions Referral Committee, information regarding an alleged failure to comply with the NCAA constitution and bylaws or to meet the conditions and obligations of membership shall be provided to the Complex Case Unit. The Complex Case Unit shall:

(a) For a case that is referred after the issuance of a notice of allegations by the enforcement staff, determine whether to recommend to the chief panel member, based on compelling rationale, authorization for a supplemental investigation of potential violations of the NCAA constitution and bylaws. If it is determined that a supplemental investigation is warranted, develop, to the extent reasonably possible, all relevant information about potential violations;

(b) For a case that is referred before the issuance of a notice of allegations by the enforcement staff, determine whether supplemental investigation of potential violations of the NCAA constitution and bylaws is warranted. If supplemental investigation is warranted, develop, to the extent reasonably possible, all relevant information about potential violations;

[19.11.2.4.3-(c) through 19.11.2.4.3-(e) unchanged.]

[19.11.2.4.4 unchanged.]

[19.11.3 unchanged.]

19.11.4 Review and Supplemental Investigation of Alleged Violations.

19.11.4.1 Review of Alleged Violations. For a case that is referred to the independent accountability resolution process before the issuance of a notice of allegations by the enforcement staff, the Complex Case Unit may determine whether supplemental investigation of potential violations of the NCAA constitution and bylaws is warranted. For a case that is referred to the independent accountability resolution process after the issuance of a notice of allegations by the enforcement staff, the Complex Case Unit must accept the results of the enforcement staff investigation unless the chief panel member determines, based on compelling rationale provided by the Complex Case Unit, that a supplemental investigation of potential violations of the NCAA constitution and bylaws is warranted.

19.11.4.2 Supplemental Investigation. If it is determined that investigation of potential violations of the NCAA constitution and bylaws supplemental to the enforcement staff investigation is warranted, the Complex Case Unit shall conduct supplemental investigation to develop, to the extent reasonably possible, all relevant information. The Complex Case Unit will usually share information with the institution during an investigation, including information that may assist the institution in stopping an ongoing violation. However, to protect the integrity of the investigation, the Complex Case Unit may not, in all instances, share information with the institution.

[19.11.4.3 through 19.11.4.4 unchanged.]

19.11.4.5 Interview Notices.

19.11.4.5.1 Disclosure of Purpose of Interview. If a Complex Case Unit member requests information that could be detrimental to the interests of the student-athlete or institutional employee being questioned, that individual shall be advised that the purpose of the interview is to determine whether the individual has knowledge of or has been involved directly or indirectly in any violation of the NCAA constitution and bylaws.

[19.11.4.5.2 unchanged.]

[19.11.4.6 through 19.11.4.9 unchanged.]

19.11.5 Notice of Allegations and Opportunity to Respond.

[19.11.5.1 through 19.11.5.6 unchanged.]

19.11.5.7 Hearings. The hearing panel shall hold a hearing to make factual findings and conclude whether violations of the NCAA constitution and bylaws occurred and, if so, to prescribe appropriate penalties as set forth in Bylaw 19.9 unless all participating parties agree to submit the case in writing without a hearing. The chief panel member shall preside over the hearing and oversee hearing administration and logistics.

[19.11.5.7.1 through 19.11.5.7.4 unchanged.]

[19.11.5.8 unchanged.]

[19.11.6 unchanged.]

[19.12 unchanged.]

19.13 Restitution. If a student-athlete who is ineligible under the terms of the constitution, bylaws or other legislation of the Association is permitted to participate in intercollegiate competition contrary to such NCAA legislation but in accordance with the terms of a court restraining order or injunction operative against the institution attended by such student-athlete or against the Association, or both, and said injunction is voluntarily vacated, stayed or reversed or it is finally determined by the courts that injunctive relief is not or was not justified, the Board of Directors may take any one or more of the following actions against such institution in the interest of restitution and fairness to competing institutions:

[19.13-(a) through 19.13-(i) unchanged.]