19.02 Definitions and Applications.

19.02.1 Show-Cause Order. A show-cause order is one that requires a member institution to demonstrate to the satisfaction of the Committee on Infractions (or the Infractions Appeals Committee per Bylaw 19.2) why it should not be subject to a penalty (or additional penalty) for not taking appropriate disciplinary or corrective action against an institutional staff member or representative of the institution's athletics interests identified by the committee as having been involved in a violation of the NCAA regulations constitution and bylaws that has been found by the committee.

[19.02.2 through 19.02.3 unchanged]

19.1 Committee on Infractions. The Management Council shall appoint a Committee on Infractions, which shall be responsible for administration of the NCAA enforcement program.

[19.1.1 unchanged]

19.1.2 Authority of Committee on Infractions. Disciplinary or corrective actions other than suspension or termination of membership may be effected by members of the Committee on Infractions present and voting at any duly called meeting, provided the call of such a meeting shall have contained notice of the situation presenting the disciplinary problem. Actions of the committee in cases involving major violations; however, shall be subject to review by the Infractions Appeals Committee per Bylaw 19.2, on appeal.

19.1.2.1 Authority of Vice President for of Enforcement. On review of information developed by the enforcement staff or self-reported by the member institution, the vice president for of enforcement shall identify the charges as involving alleged major or secondary violations, or multiple secondary violations that should be viewed as a major violation. Disciplinary or corrective actions in the case of secondary violations may be effected by the vice president forof enforcement. Said actions shall be taken in accordance with the provisions of the enforcement policies and procedures and shall be subject to review by the committee on appeal Committee on Infractions.

19.1.2.2 Authority of Committee Chair. In the interim between meetings of the committee, the chair shall be empowered to act on behalf of the committee, subject to committee approval at its next meeting. If at any time at a meeting or between meetings the chair is unavailable to act as such, the vice chair is empowered to exercise the functions of the chair. For each hearing, the committee chair or chair's designee shall serve as the committee's appeals advocate for any appeal of a decision of the committee. If scheduling or availability issues prevent the appeals advocate from serving, the chair may designate another committee member to serve as a substitute.

19.1.2.3 Authority of Infractions Appeals Committee. The Infractions Appeals Committee per Bylaw 19.2 shall hear and act on an institution's or involved individual's appeal of the findings and/or penalties of major violations by the Committee on Infractions.

[19.1.2.4 renumbered as 19.1.2.3, unchanged.]

19.1.3 Duties of Committee. The duties of the committee shall be as follows:

(a) Consider complaints that may be filed with the Association charging the failure of any member to maintain the academic or athletics standards required for membership or the failure of any member to meet the conditions and obligations of membership in the Association;

(b) Formulate and revise, in accordance with the requirements of Bylaw 19.3, a statement of its established operating policies and procedures, including investigative guidelines (see Bylaw 32);

(c) Determine Find facts related to alleged violations and find conclude whether the facts constitute one or more violations of the NCAA rules constitution and bylaws;

(d) Impose Upon concluding that one or more violations occurred, prescribe an appropriate penalty or show-cause requirement on a member found to be involved in a major violation (or, on appeal, on a member found to be involved in a secondary violation), or recommend to the Management Council suspension or termination of membership; and

(e) Carry out any other duties directly related to the administration of the enforcement program.

19.2 Appeals Committee.

19.2.1 Authority of Infractions Appeals Committee. The Infractions Appeals Committee shall hear and act on an institution's or involved individual's appeal of the findings and/or penalties of major violations by the Committee on Infractions. The committee may establish or amend enforcement policies and procedures set forth in Bylaws 32.10 and 32.11 that relate directly to the infractions appeals process, subject to review and approval by Management Council.

19.2.1.1 Composition. The Infractions Appeals Committee shall consist of five members. One member shall be a member of the Presidents Council and shall serve as chair. One member shall be a member of the Management Council. One member shall be from the general public who shall not be associated with a collegiate institution, conference, or professional or similar organization, or represent coaches or athletes in any capacity. Two positions shall be from the membership.

19.2.1.2 Term of Office. A member shall serve a three-year term, which shall commence on the first day of September after the member's election. A member may be reappointed but shall not serve more than six years. The terms of the members who are serving as the representatives of the Presidents Council or Management Council shall coincide with their terms on those bodies. When possible, terms shall be staggered to ensure that vacancies occur in proper sequence.

19.3 Establishment and Revision of Enforcement Policies and Procedures.

19.3.1 Amendment by Committee and Approval by Management Council. The Committee on Infractions may establish or amend the policies and procedures in regard to issues other than those concerning institutional penalties, restitution, and committee duties and structure. A member institution shall be provided notice of alleged NCAA rules violations for which it is charged before any penalty is imposed prescribed, as well as the opportunity to appear before the committee and the opportunity to appeal the committee's findings conclusions of major violations or penalties (see Bylaws 19.4 and 19.5). The policies and procedures governing the administration of the Association's enforcement program, as set forth in Bylaw 32, are subject to review and approval by the Management Council at its next regularly scheduled meeting.

[Remainder of 19.3 unchanged]

19.4 Notice of Charges and Opportunity to Appear.

[19.4.1 unchanged]

19.4.2 For Secondary Violations. A member under investigation for secondary violations shall be given the following:

(a) Notice of any specific charges against it and the facts on which such charges are based; and

(b) An opportunity to provide a written response to the vice president for of enforcement (or to appear before the Committee on Infractions on appeal) to answer such charges by the production of evidence (see Bylaw 19.6).

19.4.3 New Findings. When an institution and involved individual appears before the committee to discuss a response to the notice of allegations, the hearing shall be directed toward the general scope of the notice of allegations but shall not preclude the committee from finding concluding any violation(s) occurred resulting from information developed or discussed during the hearing.

19.5 Penalties.

19.5.1 Penalties for Secondary Violations. The vice president for of enforcement services, on approval by the chair or another member of the Committee on Infractions designated by the chair, or the committee may determine that no penalty is warranted in a secondary case, that an institutional- or conference-determined penalty is satisfactory or, if appropriate, impose prescribe a penalty. Among the disciplinary measures are:

(a) Termination of the recruitment of a prospective student-athlete by the institution or, if the prospective student-athlete enrolls (or has enrolled) in the institution, permanent ineligibility to represent the institution in intercollegiate competition (unless eligibility is restored by the Committee on Student-Athlete Reinstatement on appeal);

(b) Forfeit/vacate contests in which an ineligible student-athlete participated;

(c) Prohibition of the head coach or other staff members in the involved sport from participating in any off-campus recruiting activities for up to one year;

(d) An institutional fine for each violation, with the monetary penalty ranging in total from $500 to $5,000;

(e) Institutional recertification that its current athletics policies and practices conform to all requirements of NCAA regulations;

(f) Suspension of the head coach or other staff members for one or more competitions;

(g) Public reprimand (to be invoked only in situations in which the Committee on Infractions or the vice president for of enforcement, on approval by the committee, determines that a penalty, in addition to any institutional- or conference-determined penalty, is warranted); and

(h) 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 provisions of NCAA legislation while representing another institution, show cause why a penalty or an additional penalty should not be imposed 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.

19.5.2 Penalties, Disciplinary Measures and Corrective Actions for Major Violations. The Committee on Infractions has the authority to determine the penalties, disciplinary measures and corrective actions that are imposed on prescribed for an institution for major violations. The Infractions Appeals Committee shall hear and act on an institution's appeal per Bylaw 19.2. The committee(s) may consider institutional- or conference-determined penalties and, where appropriate, include those in the penalties. Institutional- or conference-determined penalties shall not displace or substitute for the committee's judgment regarding sanctions penalties. Penalties, disciplinary measures and corrective actions for major violations shall include those penalties, disciplinary measures and corrective actions prescribed for secondary violations and may include any and all of the following:

(a) Public reprimand and censure.

(b) Probation for up to five years. Conditions of probation shall be determined on a case-by-case basis. A failure to satisfy the conditions of probation may result in additional findings conclusions of violation(s), including the failure to cooperate, lack of institutional control and/or violations of conditions for membership, and shall result in a reconsideration of the initial penalties imposed prescribed, including an extension of the probationary period and imposition prescription of additional penalties. Conditions of probation shall include, but are not limited to, the following:

(1) Annual written reports shall be submitted to the Committee on Infractions detailing compliance with probationary conditions; and

(2) At the conclusion of probation, the institution shall certify that current athletics policies and procedures conform to all requirements of NCAA legislation and that all conditions of probation have been satisfied.

(c) Information regarding the violations committed, the term of probation and penalties must be noted on the home page of the institution's athletics website, in the media guide for the involved sport(s) and in recruiting materials provided to prospective student-athletes in the involved sport(s). Such information must be displayed and provided to prospective student-athletes for the full term of probation. Information to prospective student-athletes must be provided as soon as practicable after the prospective student-athlete is recruited pursuant to Bylaw 13.02.8 and, in all instances, before the prospective student-athlete signs a financial aid agreement or initially enrolls at the institution, whichever is earlier.

(d) Ineligibility for postseason competition in the involved sport(s), particularly in situations in which:

(1) The individual(s) involved in the violation(s) remain active in the sport program;

(2) A significant competitive advantage resulted from the violation(s);

(3) The violation(s) indicate a lack of institutional control or failure to monitor the involved sport(s) or athletics program;

(4) The violation(s) include academic fraud; or

(5) The institution is a repeat violator.

(e) Pursuant to Bylaw 14.12.1.2-(c), a recommendation to the Management Council that it waive the one-year residence requirement and permit full athletics participation in a sport for a student-athlete who transfers to another member institution when the Committee on Infractions renders the student-athlete's previous institution's team in that sport ineligible for postseason competition during all of the remaining seasons of the student-athlete's eligibility. No student-athlete will be allowed such a waiver unless the student-athlete would have been eligible for participation had he or she remained at the previous institution.

(f) Ineligibility for participation in or hosting outside, invitational and/or NCAA championship competition in the involved sport(s).

(g) Vacation of records in a case in which a student-athlete(s) has competed while ineligible, particularly in a case involving academic fraud, serious intentional violations, a large number of violations, direct or knowing involvement of a coach or high-ranking administrator, competition while academically ineligible, competition while ineligible in conjunction with a finding of failure to monitor or lack of institutional control or a case in which vacation or a similar penalty would be imposed prescribed if the underlying violation(s) were secondary. Records to be vacated may include one or more of the following, as applicable:

(1) Individual records and performances in individual sports, including reconfiguration of the institution team point totals after vacation of individual records and performances;

(2) Relay, doubles and similar team records in individual sports when one or more team members compete while ineligible, including reconfiguration of the institution team point totals after vacation of relay, doubles or similar results;

(3) Team and individual records and performances in team sports;

(4) Records of head coaches; and

(5) In conjunction with any vacation, the return of individual or team awards to the Association may be required.

(h) A financial penalty.

(i) Ineligibility for selection involving network and/or broadband television broadcasts for the involved sport(s).

(j) A reduction in the number of expense-paid recruiting visits in the involved sport(s).

(k) A restriction on activities and benefits provided during unofficial visits.

(l) Limiting or prohibiting the recruiting activities of some or all coaching staff members in the involved sport(s).

(m) An outside audit or review of the institution's athletics policies and procedures (including, but not limited to, compliance policies and procedures).

(n) A requirement that the institution must provide a copy of the iInfractions report Decision to the institution's regional accrediting agency if the violation(s) involves academic misconduct or reflects questionable academic conduct or procedures.

(o) Ineligibility of institutional staff members to serve on NCAA standing or special committees the Presidents Council, Management Council, Executive Committee or other committees of the Association, councils or task forces, including as representatives of their institution or conference.

(p) Requirement that the institution take disciplinary action against an institutional staff member(s) who knowingly committed or condoned a major violation, including suspension of the head coach or the staff member(s) for one or more competition(s), and other disciplinary action(s) approved by the Committee on Infractions.

(q) Issuance of a show-cause order per Bylaw 19.5.2.2 against an institutional staff member if that staff member has committed unethical conduct (see Bylaw 10.1) or other serious violations.

(r) Pursuant to the provisions of Bylaw 19.5.2.6, exclusion of an individual or entity, including disassociation of a representative of an institution's athletics interests, from involvement in an institution's athletics program on a permanent basis or for a specified period of time.

(s) Other penalties, corrective actions and disciplinary measures, as appropriate.

19.5.2.1 Opportunity to Appear. In the event the committee considers additional penalties to be imposed prescribed on an institution in accordance with Bylaw 19.5.2-(s) above, the involved institution shall be provided the opportunity to appear before the committee; further, the institution shall be provided the opportunity to appeal (per Bylaw 19.6.2) any additional penalty imposed prescribed by the committee.

19.5.2.2 Show-Cause Order. Penalties, If a determination is made by the committee that an institution has not taken appropriate disciplinary or corrective actions and disciplinary measures may be directed at a particular institutional staff member who has been regarding an individual found to have committed a in violation(s) of the NCAA constitution and bylaws, the committee 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 unless the institution appears before the committee to show cause why the additional penalties should not be applied. A show-cause order may also be directed at a representative of an institution's athletics interests. A show-cause order shall specify the period of time during which the sanction(s) are in effect regarding the individual, whether the individual remains at the institution where the violation(s) occurred or the individual is employed by another institution. 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.

19.5.2.2.1 Obligation to Comply. If an institutional staff member who is subject to a show-cause order is employed by an institution other than the institution at which the violation(s) occurred, that institution must comply with the sanctions imposed penalties precribed unless and until it can show cause to the satisfaction of the Committee on Infractions (or the Infractions Appeals Committee per Bylaw 19.2) why it need not comply. Failure to comply with the sanctions penalties may subject the institution to findings conclusions of violations, including a failure to cooperate and lack of institutional control, as well as other penalties, corrective actions and disciplinary measures, as appropriate.

19.5.2.2.1.1 Hearing Opportunity. If the individual is employed by another institution, the institution may show cause why it need not comply with an order either by written submission or in an appearance before the Committee on Infractions.

19.5.2.3 Repeat Violators.

19.5.2.3.1 Time Period. An institution shall be considered a "repeat" violator if the Committee on Infractions finds concludes that a major violation has occurred within five years of the starting date of a major penalty. For this provision to apply, at least one major violation must have occurred within five years after the starting date of the penalties in the previous case. It shall not be necessary that the Committee on Infractions's hearing be conducted or its report issued within the five-year period.

[19.5.2.3.2 unchanged]

19.5.2.4 Probationary Periods.

19.5.2.4.1 Conditions of Probation. The committee (or the Infractions Appeals Committee per Bylaw 19.2) may identify possible conditions that an institution must satisfy during a probationary period. Such conditions shall be designed on a case-by-case basis to focus on the institution's administrative weaknesses detected in the case and shall include, but not be limited to, written reports from the institution pertaining to areas of concern to the committee (or the Infractions Appeals Committee per Bylaw 19.2), in-person reviews of the institution's athletics policies and practices by the NCAA administrator for the Committee on Infractions, implementation of educational or deterrent programs, and audits for specific programs or teams. If the institution fails to satisfy such conditions, the committee (or the Infractions Appeals Committee per Bylaw 19.2) may reconsider the penalties in the case and may extend the probationary period and/or impose prescribe additional sanctions penalties.

19.5.2.4.2 Review Before Restoration of Membership Rights and Privileges. In the event the committee imposes prescribes a penalty involving a probationary period, the institution shall be notified that after the penalty becomes effective at the end of the probationary period, the institution's chancellor or president shall affirm in writing to the NCAA office of the Committee on Infractions that the institution's athletics policies and practices are in full compliance with NCAA rules.  tThe NCAA administrator for office of the Committees on Infractions will review the athletics policies and practices of the institution before action by the committee to restore the institution to full rights and privileges of membership in the Association.

[19.5.2.5 unchanged]

19.5.2.6 Dissociation of Representatives of Athletics Interest. The disassociation of relations with a representative of an institution's athletics interests may be imposed prescribed on a permanent basis, for the duration of the applicable probationary period or for another specified period of time. When an institution is required to show cause why a representative of the institution's athletics interests should not be disassociated from its athletics program, such disassociation shall require that the institution:

(a) Refrain from accepting any assistance from the individual that would aid in the recruitment of prospective student-athletes or the support of enrolled student-athletes;

(b) Not accept financial assistance for the institution's athletics program from the individual;

(c) Ensure that no athletics benefit or privilege be provided to the individual that is not generally available to the public at large; and

(d) Take such other actions against the individual that the institution determines to be within its authority to eliminate the involvement of the individual in the institution's athletics program.

[19.5.2.7 unchanged]

19.5.2.8 Review of Penalty.

19.5.2.8.1 Newly Discovered Evidence or Prejudicial Error. When a penalty has been imposed prescribed and publicly announced and the appeal opportunity has been exhausted, there shall be no review of the penalty except on a showing of newly discovered evidence (per Bylaw 19.02.3) that is directly related to the conclusions or findings in the case or that there was a prejudicial error in the procedure that was followed in the processing of the case by the committee.

19.5.2.8.1.1 Review Process. Any institution that initiates such a review shall be required to submit a brief of its appeal to the committee and to furnish sufficient copies of the brief for distribution to all members of the committee. The committee shall review the brief and decide by majority vote whether it shall grant a hearing of the appeal.

19.5.2.8.1.2 Institution or Conference Discipline as New Evidence. Disciplinary measures imposed by the institution or its conference, after the NCAA's action, may be considered to be "newly discovered evidence" for the purposes of this section.

19.5.2.8.1.3 No Imposition Calculation of New Penalty. If a hearing of the appeal is granted, the committee may reduce or eliminate any penalty but may not impose prescribe any new penalty. The committee's decision with respect to the penalty shall be final and conclusive for all purposes.

[19.5.2.8.2 through 19.5.3 unchanged.] 

19.6 Rights of Member to Appeal.

19.6.1 Appeal of Secondary Violations. A member shall have the right to appeal actions taken to the Committee on Infractions penalties prescribed by the vice president for of enforcement services in reference to secondary violations. To appeal, the member must submit a written notice of appeal to the Committee on Infractions enforcement staff. The Committee on Infractions enforcement staff must receive the written notice of appeal and any supporting information within 30 days of the date the institution receives the enforcement staff's decision.

19.6.2 Appeal of Major Violations. A member shall have the right to give written notice of appeal of the committee's findings conclusions of major violations (subject to Bylaw 32.10.1), the penalty, or both to the Infractions Appeals Committee per Bylaw 19.2.

19.6.3 Appeal by an Institutional Staff Member. If any current or former institutional staff member participates in a hearing before the Committee on Infractions and is involved in a finding conclusion of a violation against that individual, the individual shall be given the opportunity to appeal any of the findings conclusions in question (subject to the conditions of Bylaw 32.10.1) or the committee's decision to issue a show-cause order to the Infractions Appeals Committee. Under such circumstances, the individual and personal legal counsel may appear before the appeals committee at the time it considers the pertinent findings or conclusions.

19.6.4 Student-Athlete Appeal. If an institution concludes that continued application of the rule(s) would work an injustice on any student-athlete, an appeal shall be submitted to the Committee on Student-Athlete Reinstatement and promptly reviewed.

19.6.4.1 Obligation of Institution to Take Appropriate Action. When the committee (or the Infractions Appeals Committee per Bylaw 19.2) finds concludes that there has been a violation of the constitution or bylaws affecting the eligibility of an individual student-athlete or student-athletes, the institution involved and its conference(s), if any, shall be notified of the violation and the name(s) of the student-athlete(s) involved, it being understood that if the institution fails to take appropriate action, the involved institution shall be cited why it should not be disciplined for a failure to abide by the conditions and obligations of membership (declaration of ineligibility) if it permits the student-athlete to compete.