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Infractions committee asked to review findings

The original decision was issued by the Committee on Infractions September 19, 1995. Johnson filed a notice of appeal October 2, 1995. The university did not appeal. The appeal hearing was held February 24, 1996, by the Infractions Appeals Committee.

Johnson appealed two findings: one regarding academic fraud in correspondence courses and another regarding unethical conduct by the head coach.

The appeal involved the issue of whether the former basketball coach committed unethical conduct by his knowing involvement in making arrangements for a prospective student-athlete to receive fraudulent academic credit related to the final examination in a correspondence course on the Old Testament.

Johnson submitted 11 exhibits as part of his appeal that contained information potentially relevant to the question of whether there had been fraud in the completion of the answers on the Old Testament examination -- specifically, information regarding the handwriting on and color of the original answer sheet for the examination.

The Committee on Infractions noted that three of the exhibits used in Johnson's appeal had not been provided to the committee during its review of this case.

The Infractions Appeals Committee has stated clearly that, absent unusual circumstances, it will not consider information that was not made available to the Committee on Infractions when it made its findings.

The evidence in question is not new evidence. The Infractions Appeals Committee noted, however, that "the Committee on Infractions was not made aware of the material, which is directly related to the findings in the case and can be considered favorable to the former head men's basketball coach...The former head men's basketball coach was entitled to have this information considered by the Committee on Infractions. As a matter of procedural fairness, this matter should be, and hereby is, remanded to the Committee on Infractions for such further consideration."

The members of the Infractions Appeals Committee that heard this case were Marshall M. Criser, attorney with Mahoney, Adams & Criser; Katherine E. Noble, assistant commissioner, Big Sky Conference; David Price, associate commissioner, Pacific-10 Conference; Michael L. Slive (chair), commissioner, Conference USA; and John Stoepler, dean of law emeritus, University of Toledo.

The full report of the Infractions Appeals Committee will be published in The NCAA Register.