NCAA LSDBi

Division I Proposal - ER-2014-12

ENFORCEMENT/INFRACTIONS PROGRAM -- ACCURACY AND CONSISTENCY OF PROVISIONS

Status: Adopted Final

A.    Bylaws: Amend 1.3.2, as follows:

1.3.2 Obligations of Member Institutions. Legislation governing the conduct of intercollegiate athletics programs of member institutions shall apply to basic athletics issues such as admissions, financial aid, eligibility and recruiting. Member institutions shall be obligated to apply and enforce this legislation, and the enforcement procedures infractions process of the Association shall be applied to an institution when it fails to fulfill this obligation.

B.    Bylaws: Amend 3, as follows:

3 NCAA Membership

3.01 General Principles

[3.01.1 through 3.01.2 unchanged.]

3.01.3 Obligation to Meet Division Criteria. Division membership criteria constitute enforceable leg¬islation. Each member institution shall comply with all applicable criteria of its division, and an institution that fails to do so shall be subject to the enforcement procedures infractions process and to possible reclassification.

[3.01.4 unchanged.]

[3.02 through 3.1 unchanged]

3.2 Active Membership.

[3.2.1 through 3.2.3 unchanged.]

3.2.4 Conditions and Obligations of Membership.

[3.2.4.1 unchanged.]

3.2.4.2 Obligation to Meet Division Criteria. Division membership criteria constitute enforceable legisla¬tion. Each member institution shall comply with all applicable criteria of its division, and an institution that fails to do so shall be subject to the enforcement procedures infractions process and to possible reclassification.

[3.2.4.3 through 3.2.4.10 unchanged.]

3.2.4.11 Discipline of Members. Pursuant to directions of the Board of Directors or the annual Conven¬tion, active members shall refrain from athletics competition with designated institutions as required under the provisions of the Association’s enforcement procedures infractions process (see Bylaw 19).

[3.2.4.12 through 3.2.4.18 unchanged.]

[3.2.5 unchanged.]

3.2.6 Discipline of Active Members. Disciplinary or corrective actions other than suspension or termina¬tion of membership may be effected during the period between annual Conventions for violation of NCAA rules. (See Bylaw 19 for enforcement regulations.)

[3.2.6.1 unchanged.]

3.3 Member Conference.

[3.3.1 through 3.3.5 unchanged.]

3.3.6 Discipline of Member Conferences. Disciplinary or corrective actions other than suspension or termination of membership may be effected during the period between annual Conventions for violation of NCAA rules. (See Bylaw 19 for enforcement regulations.)

[3.3.6.1 unchanged.]

3.4 Affiliated Membership.

[3.4.1 through 3.4.5 unchanged.]

3.4.6 Discipline of Affiliated Members. Disciplinary or corrective actions other than suspension or ter¬mination of membership may be effected during the period between annual Conventions for violation of NCAA rules. (See Bylaw 19 for enforcement regulations.)

[3.4.6.1 unchanged.]

[3.7 unchanged.] 

C.    Bylaws: Amend 4.2.2, as follows:

4.2.2 Duties and Responsibilities. The Board of Directors shall:

[4.2.2-(a) through 4.2.2-(f) unchanged.]

(g) Review and approve policies and procedures governing the enforcement infractions program;

[4.2.2-(h) through 4.2.2-(p) unchanged.]

D.    Bylaws: Amend 5.2.3, as follows:

5.2.3 Administrative Bylaws. The administrative bylaws of the Association (administrative regulations, executive regulations, enforcement policies and procedures, and the Division I institutional performance program policies and procedures) provide rules and regulations for the implementation of policy adopted by the member¬ship as set forth in the constitution and operating bylaws. They are distinct from the operating bylaws in that, to provide greater flexibility and efficiency in the conduct of the affairs of the Association, they may be adopted or amended by the applicable division presidential administrative group, the Division I Legislative Council and the Division III Management Council.

[5.2.3.1 through 5.2.3.2 unchanged.]

5.2.3.3 Enforcement Policies and Procedures. The Committee on Infractions is empowered to adopt or revise policies and procedures for the conduct of the Association’s enforcement infractions program, subject to approval by the Board of Directors for Division I and by the applicable Management Council for Division II and Division III. These policies and procedures shall be developed by the Committee on Infractions, shall not be inconsistent with the provisions of the constitution and bylaws and shall be subject to amendment by the membership. The Infractions Appeals Committee may adopt or revise enforcement policies and procedures that relate directly to the infractions appeals process, subject to review and approval by the Board of Directors for Division I, the Presidents Council for Division II and the Management Council for Division III. Such policies and procedures shall not be inconsistent with the provisions of the constitution and bylaws and shall be subject to amendment by the membership.

[5.2.3.4 through 5.2.3.5 unchanged.]

E.    Bylaws: Amend 10.4, as follows:

10.4 Disciplinary Action. Prospective or enrolled student-athletes found in violation of the provisions of this regulation shall be ineligible for further intercollegiate competition, subject to appeal to the Committee on Student-Athlete Reinstatement for restoration of eligibility. (See Bylaw 10.3.2 for sanctions of student-athletes involved in violations of Bylaw 10.3.) Institutional staff members found in violation of the provisions of this regulation shall be subject to disciplinary or corrective action as set forth in Bylaw 19.9 of the NCAA enforcement procedures, whether such violations oc¬curred at the certifying institution or during the individual’s previous employment at another member institution.

F.    Bylaws: Amend 11, as follows:

11 Conduct and Employment of Athletics Personnel

[11.01 unchanged.]

11.1 Conduct of Athletics Personnel.

11.1.1 Responsibility for Violations of NCAA Regulations. Institutional staff members found in vio¬lation of NCAA regulations shall be subject to disciplinary or corrective action as set forth in the provisions of the NCAA enforcement procedures Bylaw 19.9, whether such violations occurred at the certifying institution or during the individual’s previous employment at another member institution.

[11.1.1.1 unchanged.]

[11.1.2 through 11.1.4 unchanged.]

11.2 Contractual Agreements.

11.2.1 Stipulation That NCAA Enforcement Provisions Apply. Contractual agreements or appoint¬ments between a coach and an institution shall include the stipulation that a coach who is found in violation of NCAA regulations shall be subject to disciplinary or corrective action as set forth in the provisions of the NCAA enforcement procedures infractions process, including suspension without pay or termination of employment for significant or re¬petitive violations.

[Remainder of 11 unchanged.]

G.    Bylaws: Amend 13, as follows:

13 Recruiting

13.01 General Principles.

13.01.1 Eligibility Effects of Recruiting Violation. The recruitment of a student-athlete by a mem¬ber institution or any representative of its athletics interests in violation of the Association’s legislation, as acknowledged by the institution or established through the Association’s enforcement procedures infractions process, shall result in the student-athlete becoming ineligible to represent that institution in intercollegiate athletics. The Committee on Student-Athlete Reinstatement may restore the eligibility of a student involved in such a violation only when circumstances clearly warrant restoration. A student is responsible for his or her involvement in a violation of NCAA regulations during the student’s recruitment, and involvement in a major Level I or Level II violation (see Bylaw 19.02.2.2 Bylaws 19.1.1 and 19.1.2) may cause the student to become permanently ineligible for intercollegiate athletics competition at that institution.

[13.01.2 through 13.01.3 unchanged.]

[13.1 through 13.5 unchanged.]

13.6 Official (Paid) Visit.

13.6.1 Institutional Policies. An institution must have written departmental policies related to official visits that apply to prospective student-athletes, student hosts, coaches and other athletics administrators that are approved by the institution’s president or chancellor and kept on file at the institution and conference office. The institution is responsible for the development and enforcement of appropriate policies and penalties regarding specified areas, as identified by the NCAA Division I Board of Directors. The institution shall have an outside en¬tity (e.g., conference office) evaluate its policies related to official visits once every four years. The institution may be held accountable through the NCAA enforcement program infractions process for activities that clearly demonstrate a disregard for its stated policies.

[Remainder of 13 unchanged.]

H.    Bylaws: Amend 14.10.2, as follows:

14.10.2 Ineligibility Resulting From Recruiting Violation. An institution shall not enter a student-athlete (as an individual or as a member of a team) in any intercollegiate competition if it is acknowledged by the institution or established through the Association’s enforcement procedures infractions process that the institution or representative(s) of its athletics interests violated the Association’s legislation in the recruiting of the student-athlete. The institution may appeal to the Committee on Student-Athlete Reinstatement for restoration of the student-athlete’s eligibility as provided in Bylaw 14.11 if it concludes that circumstances warrant restoration.

I.    Bylaws: Amend 18.4.2.1, as follows:

18.4.2.1 General Institutional Requirements. To be eligible to enter a team or an individual in NCAA championship competition, an institution shall:

[18.4.2.1-(a) through 18.4.2.1-(g) unchanged.]

(h) Refrain from entering a student-athlete as an individual or as a member of a team in an NCAA cham¬pionship if it is acknowledged by the institution or established through the Association’s enforcement procedures infractions process that the institution or representatives of its athletics interests violated NCAA regulations in the recruiting of the student-athlete. The institution may appeal to the Committee on Student-Athlete Reinstatement for restoration of the student-athlete’s eligibility (see Bylaw 14.11).

18.4.2.1.1 Certification of Compliance -- Requirements. The following conditions shall be satisfied.

[18.4.2.1.1.1 unchanged.] 

18.4.2.1.1.2 Coaching Staff Disciplinary Actions. At the time of such certification, and as a result of involvement in a violation of the Association’s legislation as determined by the Committee on Infractions or the Infractions Appeals Committee, no current member of the institution’s coaching staff:

 [18.4.2.1.1.2-(a) through 18.4.2.1.1.2-(b) unchanged.]

(c) Shall have been permitted within the last two years to perform any coaching-related activities for the certifying institution that were prohibited after determination by the Committee on Infractions of an “appropriate disciplinary action” for the individual in accordance with the show-cause provision of Bylaw 19.9.9 of the NCAA enforcement procedures.

  [Remainder of 18.4.2.1 unchanged.]

J.    Bylaws: Amend 19, as follows:

19 Enforcement Infractions Program.

19.01 General Principles.

19.01.1 Mission of the Enforcement Infractions Program. It is the mission of the NCAA enforcement 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 enforcement process 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 enforcement 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 unchanged.]

19.01.4 Penalty Structure. The enforcement infractions program shall address the varying levels of infractions and, for the most serious infractions, include guidelines for a range of penalties, which the Committee on Infractions may prescribe, subject to review by the Infractions Appeals Committee. Penalties shall depend on the relative severity of the infraction(s), the presence of aggravating or mitigating factors and, in some cases, the existence of extenuating circumstances.

[19.01.5 unchanged.]

19.02 Definitions and Applications.

[19.02.1 unchanged]

19.02.2 New Evidence Information. New evidence information is relevant, material information that could not have reasonably been ascertained prior to the Committee on Infractions hearing.

[19.02.3 unchanged.]

19.1 Violation Structure.

19.1.1 Severe Breach of Conduct (Level I Violation). A severe breach of conduct is one or more vio¬lations 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) unchanged.]

(b) Academic fraud misconduct;

[19.1.1-(c) through 19.1.1-(i) unchanged.]

[19.1.2 through 19.1.4 unchanged.]

19.2 Expectations and Shared Responsibility.

[19.2.1 through 19.2.2 unchanged.]

19.2.3 Responsibility to Cooperate. All representatives Current and former institutional staff members or prospective or enrolled student-athletes of member institutions have an affirmative obligation to cooperate fully with and assist the NCAA enforcement staff, the Committee on Infractions and the Infractions Appeals Committee to further the objectives of the Association and its enforcement infractions program. The responsibility to cooperate requires institutions and individuals to protect the integrity of investigations and to make a full and complete disclosure of any relevant information, including any information requested by the enforcement staff or relevant committees. All representatives Current and former institutional staff members or prospective or enrolled student-athletes of member institutions have an affirmative obligation to report instances of noncompliance to the Association in a timely manner and assist in developing full information to determine whether a possible violation has occurred and the details thereof.

[19.2.3.1 through 19.2.3.2 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 Academic Performance. The Committee on Infractions shall:

[19.3.6-(a) through 19.3.6-(g) unchanged.]

(h) Carry out such other duties directly related to the administration of the Association’s enforcement infractions program.

[19.3.7 through 19.3.8 unchanged.]

[19.4 unchanged.]

19.5 Review and Investigation of Alleged Violations.

[19.5.1 through 19.5.8 unchanged.]

19.5.9 Access to Information. For all cases to be considered by the Committee on Infractions, the enforcement staff shall make available to the institution or involved individuals copies of recorded interviews, interview summaries and/or interview transcripts, and other evidentiary factual information pertinent to the case. The institution and involved individuals may review such information through a secure website or at the NCAA national office.

[19.5.10 through 19.5.11 unchanged.]

19.6 Summary Disposition Process.

[19.6.1 unchanged.]

19.6.2 The institution, involved individuals and the enforcement staff shall submit a writ¬ten report setting forth:

[19.6.2-(a) unchanged.]

(b) A summary of information on which the proposed findings of fact are based;

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

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

(h) A stipulation that the proposed findings of fact are substantially correct and complete.

[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 through 19.6.4.2 unchanged.]

19.6.4.3 Acceptance of Proposed Findings of Fact, Violations and Penalties. If the proposed findings of fact and proposed penalties are accepted, the panel 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, pro-vided 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 insti¬tutional 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.

19.6.4.4 Proposed Findings of Fact and/or Violations Not Accepted. If the panel does not accept the proposed findings of fact, the case shall be processed pursuant to Bylaw 19.7.

[19.6.4.5 unchanged.]

19.7 Notice of Allegations and Opportunity to Respond.

19.7.1 Notice of Allegations. If the enforcement staff determines after an investigation that there is suf¬ficient information to conclude that a hearing panel of the Committee on Infractions could conclude that a viola¬tion occurred, it shall issue a cover letter and notice of allegations to the chancellor or president of the institution involved (with copies to the faculty athletics representative, the director of athletics and the executive officer of the conference of which the institution is a member). The institution and/or involved individuals, if applicable, shall be given notice of the alleged violation(s), the details of the allegations, the possible level of each alleged violation, the processing level of the case, the available hearing procedures and the opportunity to answer the allegations. The notice of allegations shall also identify the factual information and aggravating and/or mitigating factors on which the enforcement staff may rely in presenting the case.

[19.7.1.1 through 19.7.1.2 unchanged.]

[19.7.2 through 19.7.6 unchanged.]

19.7.7 Committee Hearings. The hearing panel assigned to a case shall hold a hearing to make factual find¬ings and to conclude whether violations of the NCAA constitution and bylaws occurred and, if so, to determine prescribe appropriate penalties as set forth in this Article. In cases that involve a small number of contested issues or 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 de¬cision regarding the use of video conference (or another mode of communication) rests with the panel. In a Level II case, the 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 or unless all participating parties agree to submit the case in writing without a hearing.

[19.7.7.1 thorugh 19.7.7.4 unchanged.]

19.7.7.5 Appearance of Individuals at Hearings. Except as otherwise provided herein or as ordered by the chief hearing officer, hearing attendees shall be limited to institutional representatives (Bylaw 19.7.7.5.2), involved individuals, enforcement NCAA staff representatives, hearing panel members, representatives from the office of the Committees on Infractions, representatives from the NCAA office of legal affairs, the audio recorder, court reporter and other technical/support staff as permitted by the chief hearing officer. An individual who appears before the panel may appear with personal legal counsel. At his or her discretion, the chief hearing officer may exclude an individual and his or her counsel from those portions of the hearing concerning matters in which the individual is not involved. 

[19.7.7.5.1 unchanged]

19.7.7.5.2 Representatives of Institution. Except as otherwise ordered by the chief hearing officer, at the time an institution appears before the hearing panel, its representatives should include the institution’s chancellor or president, the head coach of the sport(s) in question, the institution’s director of athletics and/ or any individual with direct responsibility and oversight of the athletics department, senior compliance administrator, faculty athletics representative, legal counsel (if any), enrolled student-athletes whose eligibility could be affected by information presented at the hearing, and any other representatives whose attendance would be helpful to or has been requested by the panel. Additional individuals may be included among the institution’s representa¬tives only if specifically approved.

[19.7.7.5.3 through 19.7.7.5.4 unchanged.] 

[19.7.7.6 unchanged.]

19.7.8 Posthearing Committee Deliberations. After all presentations have been made and the hearing has been concluded, the hearing panel shall excuse the parties and deliberate in private.

[19.7.8.1 through 19.7.8.3 unchanged.]

19.7.8.4 Calculation of Penalty. If the hearing panel concludes that a violation occurred, it shall prescribe an appropriate penalty pursuant to Bylaw 19.9 or recommend to the Board of Directors suspension or termina¬tion of membership in an appropriate case. Failure to fully implement the prescribed penalty may be considered a violation and/or may subject the institution, and/or an institution employing an involved individual under a show-cause order, to further disci¬plinary action by the Committee on Infractions.

19.8 Notification of Committee on Infractions Decision.

[19.8.1 unchanged.]

19.8.2 Reconsideration by the Hearing Panel. Once the decision has been publicly announced by the hearing panel, and the appeal opportunity has been exhausted, there shall be no reconsideration of the decision except as follows.

19.8.2.1 New Evidence Information or Prejudicial Error. A hearing panel may reconsider a decision upon a showing of new evidence information that is directly related to the decision or upon a showing that there was prejudicial error in the procedure that was followed in the processing of the case.

[19.8.2.1.1 through 19.8.2.1.2 unchanged.] 

[19.8.2.2 unchanged.]

[19.8.3 unchanged.]

19.9 Penalties.

19.9.1 Application. The penalties set forth in this section shall be prescribed for violations committed on or after October 30, 2012. Penalties prescribed for violations committed before October 30, 2012, shall be the penal¬ties set forth in this section or the penalties that would have been prescribed pursuant to the 2012-13 Division I Manual, whichever is less stringent. For violations that commence before October 30, 2012, and continue on or after October 30, 2012, the hearing panel shall prescribe the penalties set forth in this section unless it determines finds or concludes that the conduct constituting a violation predominately occurred before October 30, 2012.

19.9.2 Factors Affecting Penalties. The hearing panel shall determine whether any factors that may affect penalties are present in for a case. The panel shall weigh any factors and determine whether a case party should be subject to standard penalties or should be classified with aggravation or mitigation and, therefore, subject to a higher or lower range of penalties. Absent extenuating circumstances, core penalties corresponding to the classification shall be prescribed as set forth in Figure 19-1.

19.9.2.1 Aggravation. An aggravated case is one in which aggravating factors for a party outweigh mitigating factors for that party. A case should not be classified as aggravated solely because the number of aggravating factors is larger than the number of mitigating factors. An egregious aggravating factor may outweigh multiple mitigating factors.

19.9.2.2 Standard. A standard case is one in which no mitigating or aggravating factors are present for a party or in which aggravating and mitigating factors for that party are generally of equal weight.

19.9.2.3 Mitigation. A mitigated case is one in which mitigating factors for a party outweigh aggravating factors for that party. A case should not be classified as mitigated solely because the number of mitigating factors is larger than the number of aggravating factors.

19.9.3 Aggravating Factors. Aggravating factors are circumstances that warrant a higher range of penalties in for a particular case party. A hearing panel of the Committee on Infractions 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-(n) unchanged.]

19.9.4 Mitigating Factors. Mitigating factors are circumstances that warrant a lower range of penalties in for a particular case party. A hearing panel of the Committee on Infractions determines whether mitigating factors are pres¬ent in a case and the weight assigned to each factor. Examples of mitigating factors include but are not limited to the following:

[19.9.4-(a) through 19.9.4-(h) unchanged.]

[19.9.5 through 19.9.12 unchanged.]

19.10 Appeal of Decisions.

19.10.1 Basis for Granting an Appeal.

[19.10.1.1 unchanged.]

19.10.1.2 Findings and Conclusions. A 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:

(a) A factual finding is clearly contrary to the evidence information presented to the panel;

[19.10.1.2-(b) through 19.10.1.2-(c) unchanged.]

[19.10.2 through 19.10.3 unchanged.]

19.10.4 Information Considered on Appeal. The Infractions Appeals Committee shall consider only the information contained in the record of proceedings before the Committee on Infractions, the record on ap¬peal and arguments presented during the appeal oral argument, if any, unless otherwise ordered by the Infractions Appeals Committee. If an institution or involved individual seeks to introduce new evidence information during the appeal process, the Infractions Appeals Committee shall determine whether it meets the threshold definition of new evidence information per Bylaw 19.02.2 and, if so, may stay the appeal and remand the matter to the assigned panel to conduct further proceedings as may be necessary to address whether the evidence information affects the panel’s decision and to amend the decision, if necessary.

[19.10.5 through 19.10.7 unchanged.]

19.11 Notice of Allegations, Opportunity to Respond and Penalties (Level III Cases).

19.11.1 General Process for Alleged Violations. 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) unchanged.]

(b) An opportunity to provide a written response to the vice president of enforcement, or his or her designee, to answer such allegations by the production of evidence factual information and to appeal to a hearing panel of the Committee on Infractions.

[19.11.2 unchanged.]

19.11.3 Authority to Prescribe Penalties. As authorized by the Committee on Infractions, upon a con¬clusion that one or more Level III violations occurred, the vice president of enforcement, or his or her designee, may determine whether a penalty is warranted and, if so, prescribe and announce an appropriate penalty pursuant to Bylaw 19.9.8. Failure to fully implement the penalty may be considered a violation and/or may subject the institution to further disciplinary action by the NCAA. Failure to fully implement self-imposed actions may also subject the institution to further disciplin¬ary action by the NCAA.

[Remainder of 19 unchanged.] 

K.    Bylaws: Amend 20, as follows:

20 Division Membership

[20.01 through 20.1 unchanged.]

20.2 Establishment of and Compliance With Division Criteria.
[20.2.1 through 20.2.3 unchanged.]

20.2.4 Continuation of Compliance. To retain division membership or approved multidivision classifica¬tion (per Bylaw 20.4), each member institution shall continue to meet division criteria when any grace period expires. If an institution fails to remain in compliance with its division’s criteria, the institution’s membership (or its sport per Bylaw 20.4) shall be reassigned to a division for which it qualifies. If the member (or its sport per Bylaw 20.4) does not qualify for any division, the institution shall be reclassified in accordance with Bylaw 20.2.5 and also shall be subject to the Association’s enforcement procedures infractions process.

[20.2.5 unchanged.]

[20.4 unchanged.]

20.5 Change of Division Membership.

[20.5.1 unchanged.]

20.5.2 Requesting Reclassification. In order to petition to change its membership to Division I, the institution and its sponsoring conference shall complete an application and submit it to the Administration Cabinet on a form approved by the cabinet.

[20.5.2.1 through 20.5.2.4 unchanged.]

20.5.2.5 Compliance With Criteria. The Administration Cabinet shall monitor the institution’s progress and compliance with the criteria of the reclassification process. The cabinet shall have the authority to deny advancement to the next year of the process if it determines that deficiencies warrant a requirement that the institution repeat a particular year. If the institution has met the reclassification criteria of this article and has complied for the four years preceding June 1 with all other requirements set forth in this bylaw, the Administration Cabinet shall refer the institution’s request for active Division I membership to the Board of Directors for election effective August 1 following such election. However, the Administration Cabinet may deny referral of a reclassifying institution to the Board of Directors for advancement to active Division I status if any of the institution’s sport programs are subject to penalties pursuant to the Division I Academic Performance Program. An institution shall not be elected to active membership in Division I if it is subject to an Academic Performance Program penalty. 

20.5.2.5.1 First Year. During the first year of reclassification, an institution shall satisfy the following requirements:

[20.5.2.5.1-(a) through 20.5.2.5.1-(e) unchanged.]

(f) Process institutional and individual student-athlete violations of Division I legislation through Divi¬sion I enforcement infractions and student-athlete reinstatement processes. The institution shall be subject to any and all sanctions for violations of Division I legislation; and

[20.5.2.5.1-(g) unchanged.]

20.5.2.5.2 Second Year. During the second year of reclassification, an institution shall satisfy the follow¬ing requirements:

[20.5.2.5.2-(a) through 20.5.2.5.2-(d) unchanged.]

(e) Process institutional and individual student-athlete violations of Division I legislation through the Division I enforcement infractions and student-athlete reinstatement processes. The institution shall be subject to any and all sanctions for violations of Division I legislation; and

[20.5.2.5.2-(f) unchanged.]

20.5.2.5.3 Third Year. During the third year of reclassification, an institution shall satisfy the following requirements:

[20.5.2.5.3-(a) through 20.5.2.5.3-(c) unchanged.]

(d) Process institutional and individual student-athlete violations of Division I legislation through Division I enforcement infractions and student-athlete reinstatement processes. The institution shall be subject to any and all sanctions for violations of Division I legislation; and

[20.5.2.5.3-(e) unchanged.]

20.5.2.5.4 Fourth Year. During the fourth year of reclassification, an institution shall satisfy the follow¬ing requirements:

[20.5.2.5.4-(a) through 20.5.2.5.4-(c) unchanged.]

(d) Process institutional and individual student-athlete violations of Division I legislation through the Division I enforcement infractions and student-athlete reinstatement processes. The institution shall be subject to any and all sanctions for violations of Division I legislation; and

[20.5.2.5.4-(e) unchanged.]

[20.5.3 through 20.5.5 unchanged.]

[20.7 through 20.8 unchanged.]

20.9 Division I Membership.

20.9.1 Commitments to the Division I Collegiate Model. In addition to the purposes and fundamental policy of the National Collegiate Athletic Association, as set forth in Constitution 1, members of Division I support the following commitments in the belief that these commitments assist in defining the nature and purposes of the division. These commitments are not binding on member institutions, but serve as a guide for the preparation of legislation by the division and for planning and implementation of programs by institutions and conferences.

[20.9.1.1 through 20.9.1.4 unchanged.]

20.9.1.5 The Commitment to Institutional Control and Compliance. It is the responsibility of each member institution to monitor and control its athletics programs, staff members, representatives and student-athletes to ensure compliance with the Constitution and bylaws of the Association. Responsibility for main¬taining institutional control ultimately rests with the institution’s campus president or chancellor. It is also the responsibility of each member institution to report all breaches of conduct established by these bylaws to the Association in a timely manner and cooperate with the Association’s enforcement efforts infractions process. Upon a conclusion that one or more violations occurred, an institution shall be subject to such disciplinary and corrective actions as may be prescribed by the Association on behalf of the entire membership.

[Remainder of 20 unchanged.] 

L.    Bylaws: Amend 31.2.2.3, as follows:

31.2.2.3 Participation While Ineligible. When a student-athlete competing as an individual or representing the institution in a team championship is declared ineligible following the competition, or a penalty has been imposed prescribed or action taken as set forth in Bylaw 19.9.7-(g) or 19.13 of the NCAA enforcement program, the Committee on Infractions may require the following:

[31.2.2.3-(a) through 31.2.2.3-(c) unchanged.]

Source: NCAA Staff

Effective Date:Immediate

Proposal Category: Editorial

Topical Area: Infractions Program

History

May 7, 2014: Submit; Submitted for consideration.
Jul 31, 2014: Adopted; This revision changes the references to "enforcement" program and process to "infractions" program and process. Additional edits clarify various provisions with more accurate and consistent terminology.

Legislative References

Division Number Title
I 1.3.2 Obligations of Member Institutions.
I 3 NCAA Membership
I 4.2.2 Duties and Responsibilities.
I 5.2.3 Administrative Bylaws.
I 10.3 Sports Wagering Activities.
I 10.3.2 Sanctions.
I 10.4 Disciplinary Action.
I 11 Conduct and Employment of Athletics Personnel
I 12.11.2 Ineligibility Resulting From Recruiting Violation.
I 12.12 Restoration of Eligibility.
I 13 Recruiting
I 18.4.2.1 General Institutional Requirements.
I 19 Infractions Program
I 19.02.2 New Information.
I 19.1.1 Severe Breach of Conduct (Level I Violation).
I 19.1.2 Significant Breach of Conduct (Level II Violation).
I 19.7.7.5.2 Representatives of Institution.
I 19.9 Penalties.
I 19.9.7 Additional Penalties for Level I and Level II Violations.
I 19.9.8 Penalties for Level III and Level IV Violations.
I 19.9.9 Show-Cause Penalties.
I 19.13 Restitution.
I 20 Division Membership
I 20.2.5 Noncompliance and Waivers of Division Criteria.
I 20.4 Multidivision Classification/Reclassification of Football Subdivision.
I 31.2.2.3 Participation While Ineligible.
References