THE COMMITTEES ON INFRACTIONS EXPERIENCE

Regional Rules 2015Indianapolis, IN and Denver, CO

Session Learning Objectives

• Introduction to COIs and OCOI• The Committees on Infractions experience

– Preparing for a hearing– Conducting a hearing– Deliberating– Drafting an infractions decision– Monitoring probation

• Questions

iFACT – Since September 2014, the COIs have heard 16 cases. (Division I – 11; Division II – 2; Division III – 3)

Helpful Acronyms• COI: Committee on Infractions• OCOI:Office of the Committees on Infractions• IOP: Internal Operating Procedure• IAC: Infractions Appeals Committee• NOI: Notice of Inquiry• NOA: Notice of Allegations• FI: Factual Information• SD(R): Summary Disposition (Report)

THE COMMITTEES ON INFRACTIONS EXPERIENCE

PART I: What is the Committee on Infractions ?

Committees on Infractions: Three Divisional Membership Committees

• Independent administrative bodies charged with deciding infractions cases involving NCAA member institutions and their employees

• Comprised of the NCAA membership and general public with legal training– Membership Composition: DI 14 of 18; DII 6 of 7; DIII 4 of 5

• Find facts, conclude whether violations occurred and prescribe appropriate penalties – DI: Penalty Guidelines (Figure 19-1)

• Monitor probation and compliance with prescribed penalties

Division I COI: 18 members (panels)

Greg Sankey, chaircommissioner select(Southeastern Conference)

Michael Adams, president emeritus(University of Georgia)

Britton Banowsky, commissioner(Conference USA)

John Black, public member(National Federation of State High School Associations)

Carol Cartwright, president emeritus(Kent State and Bowling Green Universities)

Greg Christopher, director of athletics(Xavier University)

Division I COI: 18 members (panels)

Missy Conboy, senior deputy director of athletics (University of Notre Dame)

Bobby Cremins, former head coach (Georgia Tech and College of Charleston)

Jack Ford, public member

(CBS News – 60 Minute Sports)

Tom Hill, senior vice president for student affairs(Iowa State University)

Roscoe C. Howard, Jr., public member(Barnes & Thornburg LLP)

Joel Maturi, retired director of athletics(University of Minnesota, Twin Cities)

Division I COI: 18 members (panels)

Eleanor Myers, vice chairlaw professor and FAR (Temple University)

Jim O’Fallon, law professor and FAR(University of Oregon)

Larry Parkinson, public member(Federal Energy Regulatory Commission)

Jil Pilgrim, public member(Pilgrim & Associates)

Sankar Suryanarayan, university counsel (Princeton University)

Rodney Uphoff, law professor(University of Missouri, Columbia)

iFACT – Ten out of 18 Division I COI members are former NCAA student-athletes. (55 percent)

*The COI has the ability to add up to 24 members

Division II COI: 7 members

Julie Rochester, chair, FAR (Northern Michigan University)

Doug Blais, professor of sport management(Southern New Hampshire University)

John David Lackey, public member(Paul & Lackey, P.C.)

Bridget Lyons, senior associate director of athletics/SWA(Barry University)

Carey Snyder, associate athletics director(East Stroudsburg University of Pennsylvania)

Harry Stinson III, interim director of athletics & external operations/compliance(Kentucky State University)

Jane Teixeira, associate commissioner/senior compliance administrator/SWA(Pacific West Conference)

iFACT – 5 out of 7 Division II COI members are former NCAA student-athletes; 2 are

former coaches.

Division III COI: 5 membersAmy Hackett, chair, director of athletics(University of Puget Sound)

Dave Cecil, associate vice president for financial aid(Transylvania University)

Tracey Hathaway, senior compliance administrator(University of Massachusetts, Boston)

Gerald Young, director of athletics(Carleton College)

TBD, public member

OCOI: 7 staff membersJoel McGormley, Managing Director

Shep Cooper, Director

Jim Elworth, Associate Director

Dino Pollock, Associate Director

Matt Mikrut, Assistant Director

Cheryl DeWees, Assistant Coordinator

Evelyn Gross, Assistant Coordinator

• providing the highest level of service to ensure a fair, timely and efficient infractions process

• While respecting the boundaries of the committees' decision-making, provide the committees with strategic thinking and the essential tools to reach consistent results

• Capitalizing on technological innovation

• Lead through precise and effective written communication

THE COMMITTEES ON INFRACTIONS EXPERIENCE

PART II: What does the Committee on Infractions do?

Prepares for a hearing

• NOA triggers “jurisdiction”– Standard in-person hearing occurs six months later

• “The Paperless Case” & Leveraging technological initiatives

• Reviewing Factual Information (FIs)

• Procedural Documents– Responses to NOA (institution/involved individual)– NCAA enforcement staff’s written reply & statement of the case

iFACT – A recent infractions case involved over 10,000 pages of record material.

Hearing Preparation: a committee member’s perspective

THE COMMITTEES ON INFRACTIONS EXPERIENCE

PART II: What does the Committee on Infractions do?

Conducts a hearing

• Opening statements– Enforcement staff, institution and involved individuals present

general perspective of case

• Review of allegations and conduct– Party presentations followed by committee inquiry

• Closing statements– Enforcement staff, institution and involved individuals provide

final statements of case

Conducting a Hearing: a committee member’s inquiry

THE COMMITTEES ON INFRACTIONS EXPERIENCE

PART II: What does the Committee on Infractions do?

Deliberates

• Consider the full record and the parties’ presentations

• Find Facts

• Conclude whether violations of NCAA legislation occurred

• Prescribe appropriate penalties, if any– Consider past cases as guidance– Division I: Penalty Guidelines/Figure 19-1– Division II & III: NCAA Bylaw 19.5.2

• Develop themes and outline infractions decision

Deliberating: a committee member’s consideration and application

THE COMMITTEES ON INFRACTIONS EXPERIENCE

PART II: What does the Committee on Infractions do?

Drafts an infractions decision

• Accountability– Infractions decisions should hold the institution and any involved

individuals accountable for conduct the panel concluded violated NCAA legislation

• Education– Infractions decisions should serve as an education resource for

member institutions

• Credibility– Infractions decisions should be decided, drafted and produced in a

manner that is timely and persuasive

Drafting an infractions decision: a committee’s consensus decision

iFACT – Infractions decisions model judicial opinions and include high-level introductions, a case’s procedural history, findings of fact, analysis of violations and prescribed penalties, if any.

THE COMMITTEES ON INFRACTIONS EXPERIENCE

PART II: What does the Committee on Infractions do?

Monitor probation

• Institution submits annual compliance reports

• Details compliance with prescribed penalties

• Improvements in education and monitoring systems

• COI requests follow-up information or approves

iFACT – Over the past year, the OCOI/COIs reviewed 76 compliance reports exceeding 60,000 pages.

Monitoring probation: a committee member’s review

THE COMMITTEES ON INFRACTIONS EXPERIENCE

Questions?