The NCAA News - News & FeaturesOctober 28, 1996
Committee retracts finding
Alabama professor did not violate standards of ethical conduct
The NCAA Committee on Infractions has announced that, based on newly discovered evidence, it vacates and retracts its finding that Professor Thomas L. Jones of the University of Alabama, Tuscaloosa, violated NCAA standards and ethical conduct.
The finding was part of the NCAA's infractions report in a case involving Alabama's football program that was dated August 2, 1995. Professor Jones is the former Alabama faculty athletics representative.
Professor Jones and Alabama appealed this charge to the NCAA Infractions Appeals Committee. That committee ruled November 29, 1995, that Professor Jones should have been given specific prior notice of the charge of unethical conduct.
RETRACTION AND NEW FINDING
Pursuant to a motion to reconsider filed by Professor Thomas L. Jones and the University of Alabama, Tuscaloosa, the NCAA Committee on Infractions has received newly discovered evidence that is directly related to its previous findings in Case No. M92 and Infractions Report No. 120. After careful consideration of this information, the Committee on Infractions has concluded there was an erroneous finding of unethical conduct against Professor Jones.
Based upon this newly discovered evidence, the Committee on Infractions now vacates and retracts its finding (Finding II-C in Infractions Report No. 120 dated August 2, 1995) that Professor Jones violated NCAA standards of ethical conduct by providing incomplete and otherwise false and misleading information in his written report dated November 23, 1993, sent to the NCAA eligibility appeals staff.
The finding of unethical conduct that was contained in Infractions Report No. 120 was made without providing Professor Jones specific prior notice that such a charge was being considered by the committee. Although the committee believed it was following procedures authorized by NCAA bylaws, it was later determined by the NCAA Infractions Appeals Committee that Professor Jones should have been given specific prior notice of such a charge against him. Had he been given such notice, he would have had the opportunity to respond to the charge of unethical conduct and to provide the information he has now made available to the Committee on Infractions as newly discovered evidence.
The Committee on Infractions now finds that Professor Jones did not knowingly provide incomplete or otherwise false and misleading information to the NCAA eligibility appeals staff and did not intentionally or willfully violate the NCAA Constitution or bylaws in this case.
The committee recognizes that as a result of this finding of unethical conduct, Professor Jones and the University of Alabama, Tuscaloosa, were compelled to defend against this charge before the NCAA Infractions Appeals Committee, which effort would have been unnecessary if they had been given notice of this charge prior to the June 3, 1995, hearing.
The Committee on Infractions acknowledges its error in this case in making its finding without adequate specific prior notice of the charge of unethical conduct by Professor Jones. The Committee on Infractions recognizes that a charge of unethical conduct is a very serious allegation, and it deeply regrets the public embarrassment and humiliation its finding in this case has caused Professor Jones and the University of Alabama, Tuscaloosa.
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