NCAA News Archive - 2002

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Infractions appeal: Jacksonville University


Apr 1, 2002 10:39:27 AM


The NCAA News

The Division I Infractions Appeals Committee has upheld all findings but reduced the length of a show-cause penalty imposed on the former head men's soccer coach at Jacksonville University.

The Division I Committee on Infractions issued the findings and penalties in the case August 30, 2001. The case involved widespread violations in the men's soccer and women's rowing programs at Jacksonville.

The former soccer coach appealed the following findings: failure to control recruiting funds, involving transportation and lodging for two recruiting trips to Brazil funded by representatives of the university's athletics interests, impermissible recruiting contacts between athletics representatives and prospective student-athletes, and unethical conduct. The coach also appealed a five-year show-cause penalty imposed by the Committee on Infractions, contending that it was excessive and inappropriate.

The coach argued in his appeal that he was not sufficiently familiar with NCAA rules to knowingly violate them. He also contended that university officials knew he used funds from athletics representatives for two recruiting trips to Brazil. The coach also said procedural errors affected the outcome of the case because the Committee on Infractions used information that was not provided in the case summary and received late documentation from the NCAA's enforcement staff.

The Infractions Appeals Committee upheld all findings. In its report, the appeals committee responded to the coach's contention that he was not familiar with the rules by stating, "Ignorance of the rules is not a defense. To hold that lack of knowledge of the rules excuses a violation would hold individuals familiar with the rules to a higher standard than those who are uninformed."

The Infractions Appeals Committee further stated that the Committee on Infractions may consider information outside the case summary and may make findings based on information discussed or developed at its hearing. In this case, the transcript of the Committee on Infractions' hearing reflected the procedural objections of the coach regarding use of information outside the case summary and the late information from the enforcement staff.

The committee also concluded that the finding of unethical conduct was supported by evidence in the record.

The Infractions Appeals Committee, however, said the five-year show-cause penalty against the coach was excessive and reduced it to three years, until May 10, 2003. That date is three years from the time of the coach's termination at Jacksonville.

In reducing the show-cause penalty the committee noted that institutional officials did not advise the former coach that his false statements could be subject to an NCAA violation, and in this instance, an unethical conduct violation, the coach retracted his misleading statement during his next interview with enforcement officials; he thereafter provided full and accurate information to the NCAA and his violations did not represent a pattern throughout his tenure.

The members of the Division I Infractions Appeals Committee who heard the case are: Michael L. Slive, chair, Conference USA; Terry Don Phillips, Oklahoma State University; Noel Ragsdale, University of Southern California; Allan Ryan Jr., Harvard University; and Robert A. Stein, American Bar Association.

A copy of the complete report from the NCAA Division I Infractions Appeals Committee is available upon request or online at NCAA Online (www.ncaa.org).


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