Regional Rules 2015
Indianapolis, IN and Denver, CO
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
Session Learning Objectives
• Introduction to COIs and OCOI
• The Committees on Infractions experience
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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
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COI:
OCOI:
IOP:
IAC:
NOI:
NOA:
FI:
SD(R):
Committee on Infractions
Office of the Committees on Infractions
Internal Operating Procedure
Infractions Appeals Committee
Notice of Inquiry
Notice of Allegations
Factual Information
Summary Disposition (Report)
PART I: What is the Committee on Infractions ?
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
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, chair
John Black, public member
commissioner select
(Southeastern Conference)
(National Federation of State High School
Associations)
Michael Adams, president emeritus Carol Cartwright, president emeritus
(University of Georgia)
(Kent State and Bowling Green Universities)
Britton Banowsky, commissioner
Greg Christopher, director of athletics
(Conference USA)
(Xavier University)
Division I COI: 18 members (panels)
Missy Conboy, senior deputy
director of athletics
(University of Notre Dame)
Tom Hill,
senior vice president for student
affairs
(Iowa State University)
Bobby Cremins, former head coach Roscoe C. Howard, Jr., public member
(Georgia Tech and College of Charleston) (Barnes & Thornburg LLP)
Jack Ford, public member
(CBS News – 60 Minute Sports)
Joel Maturi, retired director of athletics
(University of Minnesota, Twin Cities)
Division I COI: 18 members (panels)
Eleanor Myers, vice chair
law professor and FAR
(Temple University)
Jil Pilgrim, public member
(Pilgrim & Associates)
Jim O’Fallon, law professor and FAR Sankar
Suryanarayan,
(University of Oregon)
counsel (Princeton University)
Larry Parkinson, public member
Rodney Uphoff, law professor
university
(Federal Energy Regulatory Commission) (University of Missouri, Columbia)
*The COI has the ability to add up to 24 members
iFACT – Ten out of 18 Division I COI members are former NCAA
student-athletes. (55 percent)
Division II COI: 7 members
Julie Rochester, chair,
Carey Snyder, associate athletics director
FAR (Northern Michigan University)
(East Stroudsburg University of Pennsylvania)
Doug Blais, professor of sport
Harry Stinson III, interim director of
management
(Southern New Hampshire University)
athletics & external operations/compliance
(Kentucky State University)
John David Lackey, public member Jane Teixeira, associate
(Paul & Lackey, P.C.)
Bridget Lyons, senior associate
commissioner/senior compliance
administrator/SWA
(Pacific West Conference)
director of athletics/SWA
(Barry University)
iFACT – 5 out of 7 Division II COI members are former
NCAA student-athletes; 2 are former coaches.
Division III COI: 5 members
Amy 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 members
Joel McGormley, Managing Director
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providing the highest level of service
to ensure a fair, timely and efficient
infractions process
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While respecting the boundaries of
the committees' decision-making,
provide
the
committees
with
strategic thinking and the essential
tools to reach consistent results
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Capitalizing on technological
innovation
•
Lead through precise and effective
written communication
Shep Cooper, Director
Jim Elworth, Associate Director
Dino Pollock, Associate Director
Matt Mikrut, Assistant Director
Cheryl DeWees, Assistant Coordinator
Evelyn Gross, Assistant Coordinator
PART II: What does the Committee on Infractions do?
Prepares for a hearing
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
Hearing Preparation:
a committee member’s perspective
• 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.
PART II: What does the Committee on Infractions do?
Conducts a hearing
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
Conducting a Hearing:
a committee member’s inquiry
• 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
PART II: What does the Committee on Infractions do?
Deliberates
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
Deliberating:
a committee member’s consideration and application
• 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
PART II: What does the Committee on Infractions do?
Drafts an infractions decision
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
Drafting an infractions decision:
a committee’s consensus 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
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.
PART II: What does the Committee on Infractions do?
Monitor probation
THE COMMITTEES ON
INFRACTIONS EXPERIENCE
Monitoring probation:
a committee member’s review
• 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.
Questions?
THE COMMITTEES ON
INFRACTIONS EXPERIENCE