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Next Step: Infractions Appeal Commitee

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CandyCane

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Unless UM and the NCAA arrive at an agreed to settlement the next step before court proceedings is the Infractions Appeal Committee.

The Division I Infractions Appeals Committee serves as the final step in the infractions process. Any school or individual who is penalized or named in a finding of violation may appeal a Committee on Infractions decision. The appeal is not a new hearing that provides a second chance to argue the case.

After committee reviews a written appeal or holds an in-person hearing, it can reverse or modify a Committee on Infractions ruling. In order to change a ruling, the school or individual must prove one of the following: the ruling by the committee on infractions was clearly contrary to the evidence; the individual or school did not actually break NCAA rules; there was a procedural error that caused the committee on infractions to find a violation of NCAA rules; or the penalty was excessive.

Five members are appointed from the general public (one member) and the NCAA membership and serve three-year terms, up to nine years.

Current members
W. Anthony Jenkins, ****inson Wright - A Detroit attorney who holds degrees from both Harvard and Princeton, Jenkins practices corporate, real estate and development law. He also serves as his firm’s Chief Diversity Officer. His term ends in September 2014, and he is eligible for reappointment.

Susan Lipnickey, Miami (Ohio) – Lipnickey is a health studies professor and the faculty athletics representative at Miami (Ohio). She earned her PhD at Ohio State and also serves on the NCAA’s Leadership Council. Her term expires in September 2015.

Patricia C. Ohlendorf, Texas – Ohlendorf is vice-president of institutional relations and legal at Texas. She began her career at the institution in 1971. She holds bachelor’s and law degrees from Texas. Her term expires in September 2015, and she is eligible for reappointment.

David Williams II, Vanderbilt – Williams is vice chancellor for university affairs and Athletics & Athletic Director. He is also a law professor at Vanderbilt. He teaches tax and sports law as well as law and education courses. He holds degrees from Northern Michigan, Detroit and New York University. His term expires in September 2014, and he is eligible for reappointment.

Jack H. Friedenthal, George Washington – A former Committee on Infractions member, Friedenthal is law professor and faculty athletics representative at George Washington. He holds degrees from Stanford and Harvard. His term expires in September 2014.
 
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I don't want to appeal the sanctions until we prove that we can stay there
 
Please note that I said unless we agreed to the penalty. It's necessary to go through the NCAA protocol before you can go to court and unless we do agree the Appeals Committee comes next and could be quick. Sorry for the typo in the headline.

We all hope we skate but this constant delay by the NCAA is troubling and they promised to be quick after all their errors.
 
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I feel it's going to this step so the NCAA can save face and say we did all we could but there's nothing to see here.
 
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Lol man I read this thinking we had the findings from the NCAA lol

My kids never came out the womb running they crawled them they walked and then ran

Lets get the results first

I doubt they appeal unless its crazy the NCAA is a mess right now

They are in over their heads some people get away with things others don't, but this time their hand was caught in the cookie jar
 
Here's the NCAA's release on how the appeal process worked earlier this year for Central Florida. I'm hoping our UM attorneys have worked out an agreement and this whole issue is put behind us it cannot drag into the regular season. As for those who believe Miami wouldn't sue under any circumstance they are dead wrong but let's hope we don't go that far. Enjoy reading the Central Florida story...

University of Central Florida infractions appeal

The University of Central Florida football postseason ban has been reversed, according to a NCAA Division I Infractions Appeals Committee report released today.

The case centered on what the NCAA Division I Committee on Infractions noted was an ever-increasing problem in college athletics today, namely the involvement of outside third parties with prospects and student-athletes. This impermissible activity also resulted in findings of unethical conduct for the former director of athletics and a former assistant football coach and a failure to monitor by the head men’s basketball coach. According to the findings, the impermissible recruiting activity undertaken by these third parties, who through their activity became athletics representatives of UCF, was both known by athletics department personnel, and, in some cases encouraged.

Penalties, as determined by the Committee on Infractions in this case, included five years of probation, a postseason ban in men’s basketball and football, show-cause orders for athletics department personnel, scholarship reductions, recruiting restrictions, a vacation of men’s basketball records and a $50,000 fine.

In its appeal of the football postseason ban, UCF cited that the Committee on Infractions does not adequately distinguish between what factored into the basis of the football postseason ban versus the basketball postseason, and therefore should be vacated. In its decision, the Infractions Appeals Committee stated that the rationale for the football postseason ban penalty is so intricately woven with factors only supportive of the basketball postseason ban that it is impossible to determine whether the additional factors formed a significant basis for the Committee on Infractions to impose the football postseason ban. The record creates the appearance that the Committee on Infractions relied on material factors not present for a particular sport to assess the penalty. Therefore, the Infractions Appeals Committee determined the football postseason ban is excessive such that it constitutes an abuse of discretion and vacated the penalty.

In considering the university’s appeal, the Infractions Appeals Committee reviewed the notice of appeal; the transcript of the university’s Committee on Infractions hearing; and the submissions by both the university and the Committee on Infractions.

The members of the Infractions Appeals Committee who heard this case were: David Williams, vice chancellor for university affairs and athletics and athletic director at Vanderbilt University, chair; Susan Cross Lipnickey, health studies professor and the faculty athletics representative at Miami University (Ohio); Jack Friedenthal, professor of law at George Washington University; W. Anthony Jenkins, attorney at ****inson Wright PLLC; and Patti Ohlendorf, vice president for legal affairs at University of Texas at Austin.
 
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