LSDBi
Status: Adopted Final
Intent: To implement changes to Bylaw 19 to focus meaningful infractions penalties on the individuals responsible for the underlying rules violations, as specified.
A. Bylaws: Amend 19.2, as follows:
19.2 Responsibility to Cooperate.
[19.2.1 through 19.2.2 unchanged.]
19.2.3 Immediate Penalties for Failure to Cooperate. The Committee on Infractions may prescribe immediate penalties during the investigation if an institution or individual fails to satisfy the responsibility to cooperate. In cases before the Committee on Infractions, the chair of the Committee on Infractions; a hearing panel generated at the request of the chair to review whether an institution or individual failed to satisfy the responsibility to cooperate; the chief hearing officer of a hearing panel assigned to review the case, if appointed by the chair; or the hearing panel, if requested by the chief hearing officer, may prescribe penalties.
[19.2.3.1 through 19.2.3.3 unchanged.]
19.2.3.4 Decisions. If an allegation is resolved through a petition for immediate penalties, the hearing panel shall prepare and approve a written decision detailing its findings, conclusions and any penalties, and shall make the decision publicly available pursuant to Bylaw 19.11.2 upon resolution of the petition.
B. Bylaws: Amend 19.3, as follows:
19.3 Public Disclosure and Dashboard.
[19.3.1 through 19.3.2 unchanged.]
19.3.3 Public Infractions History. If a hearing panel concludes an individual committed a Level I or Level II violation of NCAA legislation, the NCAA national office shall maintain a record of the individual’s violations and penalties (if any) and make the record publicly available.
C. Bylaws: Amend 19, as follows:
19 Infractions Program
[19.01 through 19.8 unchanged.]
19.9 Limited Resolution.
[19.9.1 through 19.9.2 unchanged.]
19.9.3 Summary Disposition. In instances in which the institution, an involved individual and/or the enforcement staff reach agreement on the facts and violations but cannot reach agreement on the aggravating and mitigating factors and/or penalties, the parties may submit the case for resolution via summary disposition.
[19.9.3.1 through 19.9.3.2 unchanged.]
19.9.3.3 Committee on Infractions Review. A hearing panel of the Committee on Infractions shall deliberate in private.
[19.9.3.3.1 unchanged.]
19.9.3.3.2 Acceptance of Proposed Findings of Fact, Violations and Penalties. If the panel accepts the proposed findings of fact and penalties, it shall prepare a report of its decision or adopt the written report of the parties. The panel may make additional comments explaining its analysis or amend the proposed findings of fact, provided any addition or amendment is editorial and does not alter the substance of the proposed findings of fact. The written report may identify the chancellor or president of the institution (in cases involving lack of institutional control); the director of athletics and/or any individual with direct responsibility and oversight of the athletics department (in cases involving lack of institutional control and failure to monitor); the head coach(es) of the sport(s) involved; and, if appropriate, the chair or other members of the institution's governing body. The panel shall forward the report to the enforcement staff and the parties and publicly announce the resolution of the case pursuant to Bylaw 19.11.
[19.9.3.3.3 through 19.9.3.3.4 unchanged.]
[19.10 unchanged.]
19.11 Committee on Infractions Decisions.
19.11.1 Full Infractions Decision. After resolution of all allegations pursuant to Bylaws 19.8, 19.9 and/or 19.10, the Committee on Infractions hearing panel shall prepare and approve the final, full infractions decision. The decision shall identify by name all involved individuals and representatives of the institution’s athletics interests who committed Level I or Level II violations. It may also identify by name the chancellor or president of the institution in cases involving lack of institutional control and the director of athletics and/or any individual with direct responsibility and oversight of the athletics department in cases involving lack of institutional control or failure to monitor. The full infractions decision shall be provided to the chancellor or president of the involved institution (or a designee), any involved individuals and the vice president of enforcement.
[19.11.1.1 unchanged.]
19.11.2 Public Release of Full Infractions Decision. Once the full infractions decision has been provided to the parties, the hearing panel shall release it publicly. The public version shall not include names of individuals, but the panel may, at its discretion, identify the chancellor or president of the institution (in cases involving lack of institutional control); the director of athletics and/or any individual with direct responsibility and oversight of the athletics department (in cases involving lack of control or failure to monitor); the head coach(es) of the sport(s) involved; and, if appropriate, the chair or other members of the institution's governing body. The public decision shall identify by name all involved individuals and representatives of the institution’s athletics interests who committed Level I or Level II violations. It may also identify by name the chancellor or president of the institution in cases involving lack of institutional control and the director of athletics and/or any individual with direct responsibility and oversight of the athletics department in cases involving lack of institutional control or failure to monitor.
[19.11.2.1 unchanged.]
[19.11.3 through 19.11.5 unchanged.]
[19.12 unchanged.]
19.13 Appeal of Committee on Infractions Decisions.
[19.13.1 through 19.13.5 unchanged.]
19.13.6 Decision of the Infractions Appeals Committee. After considering the appeal and deliberating privately, the Infractions Appeals Committee shall prepare a written decision and provide a copy to any appealing party (including the president or chancellor of an institution currently employing an involved individual), the chair of the Committee on Infractions, the committee appeals advocate and the vice president of enforcement, unless otherwise ordered by the committee. If the committee affirms the hearing panel’s decision, it may issue a summary decision stating its conclusions without further discussion. Once the decision has been provided to the parties, the committee shall release a public appeal decision. The public appeal decision will not include names of individuals, but the committee may, at its discretion, identify the chancellor or president of the institution (in cases involving lack of institutional control); the director of athletics and/or any individual with direct responsibility and oversight of the athletics department (in cases involving lack of control or failure to monitor); the head coach(es) of the sport(s) involved; and, if appropriate, the chair or other members of the institution's governing body. The public appeal decision shall identify by name all involved individuals and representatives of the institution’s athletics interests who committed Level I or Level II violations. It may also identify by name the chancellor or president of the institution in cases involving lack of institutional control and the director of athletics and/or any individual with direct responsibility and oversight of the athletics department in cases involving lack of institutional control or failure to monitor.
[19.13.7 unchanged.]
[19.14 unchanged.]
D. Bylaws: Amend 19.12.6, as follows:
19.12.6 Core Penalties for Level I and Level II Violations. If a hearing panel concludes pursuant to Bylaw 19.8 or 19.9 or the parties participating in a negotiated resolution pursuant to Bylaw 19.10 agree that an institution or involved individual committed Level I and/or Level II violation(s), and after determining the appropriate classification based on aggravating and mitigating factors, the hearing panel shall prescribe and/or the parties participating in a negotiated resolution should agree to core penalties from the ranges set forth in Figure 19-1 and described below.
[19.12.6.1 through 19.12.6.3 unchanged.]
19.12.6.4 Show-Cause Orders. If a determination is made that an institution has not taken appropriate disciplinary or corrective action regarding an individual found in violation of NCAA bylaws, the panel may issue and/or approve 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. Show-cause orders begin with the release of the infractions decision pursuant to Bylaw 19.11.2 or, if multiple resolution methods are involved, the release of the public statement pursuant to Bylaw 19.11.2.1. The show-cause order is prospective in nature.
19.12.6.4.1 Institutional or Sport Program Penalties within a Show-Cause Order. In addition to restrictions on athletically related duties, the panel may also attach institutional and/or sport program specific penalties (e.g., scholarship reductions, recruiting restrictions, countable athletically related activities limitations, postseason bans) as conditions of an involved individual’s show-cause order. Institutional and/or sport program specific penalties may be appropriate if, for example, the involved individual’s conduct was intentional, egregious or the conduct provided or was intended to provide an institution or sport program with a competitive advantage. Institutional or sport program penalties within a show-cause order shall apply to any employing institution during the designated period of the penalties. An employing institution may appear before the panel to show cause why the penalties should not be applied.
19.12.6.5 Head Coach Restrictions Suspensions. If a determination is made that an employing institution has not taken appropriate disciplinary or corrective action regarding a head coach an involved individual found in violation of Bylaw 11.1.1.1 NCAA legislation, the panel may issue and/or approve an order that the institution suspend the coach involved individual for a number of contests weeks during the season from the range set forth in Figure 19-1 that would apply to the underlying violation(s) unless the institution appears before the panel to show cause why the suspension should not be applied. Unless otherwise specified by the panel, the suspension shall apply to all athletically related duties during the designated time period. 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. The suspension shall begin following the release of the infractions decision with the next scheduled contest of the championship segment, unless a different starting date is specified by the panel (e.g., conference schedule, postseason, etc.).
[19.12.6.6 through 19.12.6.7 unchanged.]
E. Bylaws: Amend 19.12.8, as follows:
19.12.8 Additional Penalties for Level I and Level II Violations. Additional penalties for Level I and/or Level II violations may include one or more of the following:
[19.12.8-(a) through 19.12.8-(h) unchanged.]
(i) Pursuant to a show-cause order, disassociation of relations with a representative of an institution's athletics interests, including:
(1) Not accepting any assistance from the individual, independent agency or organization that would aid in the recruitment of prospective student-athletes or the support of enrolled student-athletes;
(2) Not accepting financial assistance for the institution's athletics program from the individual, independent agency or organization;
(3) Not accepting financial assistance from the individual, independent agency or organization;
(4) Prohibiting the individual’s, independent agency’s or organization’s presence at or access to institutional athletics facilities or events;
(5) Prohibiting the institution from offering the individual, independent agency or organization the option to purchase tickets to athletics events;
(3 6) Ensuring that no athletics benefit or privilege is provided to the individual, independent agency or organization that is not generally available to the public at large; and
(4 7) Taking such other actions against the individual, independent agency or organization that the institution determines to be within its authority to eliminate the involvement of the individual, independent agency or organization in the institution's athletics program.
[19.12.8-(j) through 19.12.8-(l) unchanged.]
F. Bylaws: Amend Figure 19-1, as follows:
Figure 19.1 Penalty Guidelines
Source: NCAA Division I Council (Board of Directors Infractions Process Committee)
Effective Date:Immediate
Proposal Category: Amendment
Topical Area: Infractions Program
Rationale: The NCAA Division I Board of Directors endorsed the Infractions Process Committee's principle-based approach to developing recommendations that better align the Division I infractions program's penalty structure with today's collegiate athletics environment. One principle identified the need of the infractions process to better focus meaningful penalties on the individuals responsible for the underlying wrongdoing. Based on this direction, the Infractions Process Committee developed a package of changes designed to ensure that the Division I Committee on Infractions has the necessary tools and authority to effectively hold individual actors accountable. This proposal would both expand upon existing penalty authority, such as issuing suspensions on involved individuals from participating in athletically related activities, issuing show cause orders and disassociating boosters, while also establishing new approaches to individual accountability, such as publicizing the names of culpable individuals in public infractions decisions.
Division I Commitment addressed by proposal: The Commitment to Institutional Control and Compliance.
Is the proposal consequential or nationally significant?: Yes. Individual accountability measures are nationally significant.
Is the proposal enforceable and how do the merits outweigh monitoring burdens?: No additional monitoring burden.
How does the proposal support student-athlete success/well-being?: Student-athlete success and well-being is supported when individuals are held accountable for violations of NCAA legislation.
Estimated Budget Impact: None.
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Oct 17, 2023: | In Progress | |
| Dec 5, 2023: | Ready for Vote | |
| Jan 10, 2024: | Adopted by Council | The Council amended the proposal to maintain that public infractions decisions may identify by name the chancellor or president of the institution in cases involving lack of institutional control and the director of athletics and/or any individual with direct responsibility and oversight of the athletics department in cases involving lack of institutional control and failure to monitor. |
| Jan 10, 2024: | Adopted Final |
Legislative References
| Division | Number | Title |
|---|---|---|
| I | 19 | Infractions Program |
| I | 19.2 | Responsibility to Cooperate. |
| I | 19.2.3 | Immediate Penalties for Failure to Cooperate. |
| I | 19.2.3.4 | Decisions. |
| I | 19.3 | Public Disclosure and Dashboard. |
| I | 19.3.3 | Public Infractions History. |
| I | 19.9 | Limited Resolution. |
| I | 19.9.3 | Summary Disposition. |
| I | 19.9.3.3 | Committee on Infractions Review. |
| I | 19.9.3.3.2 | Acceptance of Proposed Findings of Fact, Violations and Penalties. |
| I | 19.11 | Committee on Infractions Decisions. |
| I | 19.11.1 | Full Infractions Decision. |
| I | 19.11.2 | Public Release of Full Infractions Decision. |
| I | 19.12.6 | Core Penalties for Level I and Level II Violations. |
| I | 19.12.6.4 | Show-Cause Orders. |
| I | 19.12.6.4.1 | Institutional or Sport Program Penalties within a Show-Cause Order. |
| I | 19.12.6.5 | Head Coach Restrictions. |
| I | 19.12.8 | Additional Penalties for Level I and Level II Violations. |
| I | 19.13 | Appeal of Committee on Infractions Decisions. |
| I | 19.13.6 | Decision of the Infractions Appeals Committee. |
| I | Figure 19-1 | Penalty Guidelines |