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College Sports Law Blog



The NCAA Committee on Infractions Has Spoken: Southern Methodist University (2015)

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Written by Christian Dennie   
Thursday, 01 October 2015 18:35

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Southern Methodist University(“SMU” or “Institution”) committed violations of NCAA legislation. In this case, the former head men's golf coach committed several violations relating to recruiting and unethical conduct that occurred due to his stated desire to increase the stature of the men's golf program and his failure to seek guidance from the institution's athletics compliance office. The former head men's golf coach impermissibly contacted prospective student-athletes and provided impermissible inducements to them in the form of institutional golf apparel and equipment. In addition, he failed to take appropriate action upon learning that a representative of the institution's athletics interests improperly communicated with prospective student-athletes on the institution's behalf. When interviewed during the investigation, the former head men's golf coach provided false information. The panel concludes that the unethical conduct violation was Level I and the recruiting violations were Level II. Collectively, the panel classifies the head coach's violations as Level I – Aggravated.

Read more... [The NCAA Committee on Infractions Has Spoken: Southern Methodist University (2015)]
 

Report on Kyle Flood’s Contact with a Rutgers Professor

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Written by Christian Dennie   
Tuesday, 22 September 2015 16:38

On September 15, 2015, Rutgers, The State University of New Jersey (“Rutgers”) issued the Report of Factual Findings of Investigation into Alleged Improper Contact by the Rutgers Head Football Coach with a Faculty Member (“Report”). The Report addresses contact between Kyle Flood (“Coach Flood”) and a Rutgers professor relating to a football student-athlete. As a part of the investigation, the investigator obtained documents and emails and interviewed Coach Flood, the student-athlete, the professor, members of the athletics academic support office, the Chair of the Athletic Academic Oversight Committee, the Senior Associate Athletics Director, and others involved in the academics and athletics programs.

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The NCAA Committee on Infractions Has Spoken: Eastern New Mexico University (Division II)

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Written by Christian Dennie   
Tuesday, 15 September 2015 16:54

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Eastern New Mexico University (“ENMU”) committed major violations of NCAA legislation. The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (SDR). The Committee accepted the violations and self-imposed penalties set forth in the SDR, and ENMU accepted additional penalties proposed by the committee. Consequently, there is no opportunity to appeal.

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The NCAA Committee on Infractions Has Spoken: Coastal Carolina University

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Written by Christian Dennie   
Friday, 11 September 2015 20:29

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Coastal Carolina University (“CCU”) committed violations of NCAA legislation. The Committee, through a six-member panel, reviewed this case through the cooperative summary disposition process in which all parties agreed to the primary facts, violations and violation levels, as fully set forth in the summary disposition report (SDR). Further, CCU agreed to the additional penalties proposed by the Committee; therefore, there is no opportunity to appeal for CCU. The former head men's golf coach did not agree to an additional proposed penalty and challenged it at an expedited hearing. He therefore retains the opportunity to appeal that penalty.

Read more... [The NCAA Committee on Infractions Has Spoken: Coastal Carolina University]
 

NCAA v. Christie II: Third Circuit Concludes that New Jersey Law Violates PASPA

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Written by Christian Dennie   
Thursday, 03 September 2015 18:41

In 1992, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”) to prohibit state-sanctioned sports gambling. In 2011, the New Jersey Legislature held a referendum asking New Jersey voters whether sports gambling should be permitted, and sixty-four percent (64%) voted in favor of amending the New Jersey Constitution to permit sports gambling. The constitutional amendment provided:

Read more... [NCAA v. Christie II: Third Circuit Concludes that New Jersey Law Violates PASPA]
 

Kinsman v. Florida State University: Motion to Dismiss Denied

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Written by Christian Dennie   
Friday, 21 August 2015 18:25

Erica Kinsman (“Student”) filed suit against Florida State University (“FSU”) and the action was brought under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688 (“Title IX”). Student claims FSU failed to properly investigate or respond to reports of sexual assault and that this denied her educational benefits. FSU moved to dismiss the complaint in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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NLRB Decides Against Exercising Jurisdiction in Northwestern University v. College Athletes Players Association

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Written by Christian Dennie   
Friday, 21 August 2015 17:37

On March 26, 2014, the Regional Director for Region 13 issued a Decision and Direction of Election in which he found that a petitioned-for unit of all football players receiving grant-in-aid athletics scholarships from Northwestern University are employees within the meaning of Section 2(3) of the National Labor Relations Act (“Act”) and that the petitioned-for unit is appropriate. In a much awaited decision, the National Labor Relations Board (“NLRB”) decided against exercising jurisdiction in the case.

Read more... [NLRB Decides Against Exercising Jurisdiction in Northwestern University v. College Athletes Players Association]
 

The NCAA Committee on Infractions Has Spoken: University of North Carolina at Greensboro

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Written by Christian Dennie   
Monday, 27 July 2015 20:00

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of North Carolina at Greensboro(“UNCG”) committed violations of NCAA legislation.   The violations at issue centered on UNCG’s improper certification of student-athletes' initial eligibility. Specifically, from the 2007-08 through 2012-13 academic years, UNCG improperly certified the initial eligibility of 57 student-athletes in 13 sport programs. UNCG permitted those student-athletes to practice, compete, receive athletically related aid and/or receive actual and necessary expenses associated with competition prior to UNCG certifying their initial eligibility status.After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute major violations of NCAA legislation.

Read more... [The NCAA Committee on Infractions Has Spoken: University of North Carolina at Greensboro]
 

The NCAA Committee on Infractions Has Spoken: East Central University (Division II)

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Written by Christian Dennie   
Monday, 27 July 2015 19:29

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that East Central University (“ECU”) committed major violations of NCAA legislation. This case primarily centered on violations of NCAA recruiting bylaws that occurred in the men's basketball program during the spring and summer of 2011. It also included a violation resulting from a student-athlete failing to sign the NCAA Drug-Testing Consent Form prior to the student-athlete engaging in athletically related activity. In addition, the former head men's basketball coach violated NCAA head coach responsibility and ethical conduct legislation because of his involvement in the violations in this case and for his failure to engage ECU's compliance staff to determine whether certain actions he took were permissible under NCAA legislation. After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute major violations of NCAA legislation.

Read more... [The NCAA Committee on Infractions Has Spoken: East Central University (Division II)]
 

The NCAA Committee on Infractions Has Spoken: Arkansas Tech University (Division II)

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Written by Christian Dennie   
Monday, 27 July 2015 19:08

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that Arkansas Tech University (“ATU”) committed major violations of NCAA legislation. This case centered on ATU providing impermissible benefits to student-athletes from 2009 to 2013. During that time, ATU paid the required on-campus housing security deposits or waived the deposits entirely for 57 prospective and enrolled student-athletes in five sports. ATU committed further violations when it reserved rooms in campus housing for an indeterminate number of student-athletes. Because ATU did not have procedures in place to monitor certain aspects of the housing operation, the violations also constituted a failure to monitor. After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute major violations of NCAA legislation. However, there was a dispute regarding a proposed penalty, thus the Committee held an expedited penalty hearing.

Read more... [The NCAA Committee on Infractions Has Spoken: Arkansas Tech University (Division II)]
 
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