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NCAA Division I Infractions Appeals Committee: Southern Methodist University

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Written by Christian Dennie   
Friday, 22 April 2016 17:56

On September 29, 2015, the Committee on Infractions (“COI”) issued its decision involving infractions committed by Southern Methodist University (“SMU” or “Institution”), in which the COI found violations of NCAA legislation in the men’s basketball and men’s golf programs. The case centered on violations of NCAA bylaws governing recruiting, academic fraud, unethical conduct, and head coach responsibility. In its written appeal, SMU asserted that the imposition of a postseason ban for the 2015-16 academic year in men’s golf, specifically as it applies to individual student-athletes, the imposition of scholarship reductions in men’s golf and men’s basketball, the imposition of recruiting restrictions in men’s basketball and men’s golf, and the vacation of wins during the 2013-14 academic year in men’s basketball was an abuse of discretion.

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NCAA Division I Infractions Appeals Committee: Southern Methodist University (Former Head Golf Coach Appeal)

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Written by Christian Dennie   
Friday, 22 April 2016 17:42

On September 29, 2015, the Committee on Infractions (“COI”) issued its decision involving infractions committed by Southern Methodist University (“SMU” or “Institution”), in which the COI found violations of NCAA legislation in the men’s golf program. The former head golf coach (“Head Coach”) appealed COI’s findings and penalties as they related to him.

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The NCAA Committee on Infractions Has Spoken: University of Southern Mississippi (2016)

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Written by Christian Dennie   
Thursday, 14 April 2016 17:57

The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that the University of Southern Mississippi (“USM” or “Institution”) committed violations of NCAA legislation. It centers on the head coach and members of his coaching staff engaging in a plan of academic fraud designed to assist two-year college prospective student-athletes in attaining admission to the institution and eligibility to compete. Within six weeks of becoming employed at the institution, the head coach directed one of his assistant coaches and two graduate assistant managers to complete online academic coursework for the prospects. Other members of the staff were aware of the fraud and the associate head coach helped facilitate it. The staff members eventually completed online coursework for seven prospects over two academic years. Once the staff members completed the work, either they or the prospects submitted it for credit. A majority of the prospects used the credits to attain immediate eligibility for competition upon their transfer to the institution. The head coach violated NCAA ethical conduct, cooperation and head coach responsibility legislation when he planned and directed the academic fraud. One of the institutional coaches and one of the graduate assistant managers involved in the academic fraud declined to submit to interviews or otherwise cooperate in the investigation.

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

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Written by Christian Dennie   
Friday, 08 April 2016 17:45

The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that Central State University (“CSU” or “Institution”) 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 case involved amateurism, eligibility, financial aid and playing and practice season violations stemming from the institution's lack of control.  The institution agreed that from the 2010-11 through the 2014-15 academic years, it failed to exercise appropriate control over the administration of its athletics program. Because of its overall failure, the institution agreed that it permitted additional major and secondary violations to occur. Those violations further demonstrate the institution's overall lack of control, a major violation.

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The NCAA Committee on Infractions Has Spoken: West Texas A&M University (Division II)

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Written by Christian Dennie   
Thursday, 31 March 2016 17:44

The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that West Texas A&M University (“WAMU” or “Institution”) 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”). It centered on members of the football coaching staff providing impermissible benefits to prospective and enrolled student-athletes and providing false information about the violations. The case also involved two student-athletes who engaged in academic fraud and the failure of a football coach to report the fraud once he became aware of it. Because the institution and one of the involved individuals agreed to the violations and penalties, they have no opportunity to appeal. Two other involved individuals contested the committee's proposed additional penalties concerning them at expedited penalty hearings. Those two individuals have opportunities to appeal the contested penalties to the NCAA Division II Infractions Appeals Committee.

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The NCAA Committee on Infractions Has Spoken: Southeast Missouri State University

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Written by Christian Dennie   
Wednesday, 30 March 2016 18:14

The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Southeast Missouri State University (“SEMO” or “Institution”) committed violations of NCAA legislation. The case also included a former assistant women's basketball coach. A panel of the committee considered this case through the cooperative summary disposition process in which all parties agreed to the primary facts and violations set forth in the summary disposition report ("SDR"). The panel agreed with the violations comprising the case but proposed further penalties for the institution and the former assistant women's basketball coach. The institution and the former assistant women's basketball coach agreed to the additional penalties.

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Deppe v. NCAA: Antitrust Lawsuit Seeking Removal of Cap on Football Scholarships and Removal of Transfer Restrictions

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Written by Christian Dennie   
Friday, 25 March 2016 16:03

Peter Deppe (hereinafter “Plaintiff”) filed suit against the National Collegiate Athletic Association (hereinafter “NCAA” or “Defendant”) under Section 1 of the Sherman. The suit was filed on March 8, 2016 in the United States District Court, Southern District of Indiana, Indianapolis Division. Plaintiff seeks unspecified damages and injunctive relief. The suit also seeks certification as a class action.

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Metcalf v. University of North Carolina: Dismissed

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Written by Christian Dennie   
Monday, 22 February 2016 22:18

Several University of North Carolina, Chapel Hill (“UNC”) student-athletes filed suit against UNC alleging they were coerced into taking “shadow curriculum” based on bogus classes. Additionally, the student-athletes argued they were blocked from receiving the education they were promised because coaches and administrators funneled them into “sham” courses offered by the Department of African, African American, and Diaspora Studies.  UNC argued the case lacked merit and, further, argued UNC is immune from suit and the limitations period closed years ago.  Ultimately, Superior Court Judge Robert Ervin agreed and dismissed the case.

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Berger v. NCAA: Motion to Dismiss Granted

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Written by Christian Dennie   
Monday, 22 February 2016 21:38

The three plaintiffs in this matter were one time members of the women’s track and field team at the University of Pennsylvania (“Penn”).  The plaintiffs argue they are employees of Penn for the purposes of the Fair Labor Standards Act (“FLSA”) and, thus, they are entitled under the wage-and-hour provisions of the FLSA to be paid at least minimum wage for the work they perform as student-athletes. The plaintiffs sued the National Collegiate Athletic Association (“NCAA”) and 123 NCAA member institutions that field Division I athletic teams.

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Penn Law Sports Law Symposium

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Written by Christian Dennie   
Tuesday, 09 February 2016 22:36

On February 19, 2016, the Penn Law Entertainment and Sports Law Society is hosting its 3rd Annual Sports Law Symposium.  To register click on the following link:

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