The Division I Infractions Appeals Committee has upheld all findings and a show-cause penalty issued by the Division I Committee on Infractions involving a former men's basketball assistant coach at New Mexico State University, who was involved in violations dating to 1996.

The former assistant, who was a junior college basketball coach at the time of the violations, appealed all findings of the Committee on Infractions as set forth in its June 20, 2001, report. Those findings were violations of bylaws governing improper arrangements for future employment, academic fraud, unethical conduct, extra benefits, recruiting and transfer eligibility. The former assistant also appealed a 10-year show cause penalty imposed by the Committee on Infractions, contending that it was excessive and inappropriate.

The Committee on Infractions had determined that the junior college coach acted as a representative of the university's athletics interests when the violations occurred. The group found, for example, that the coach arranged for two junior college students to fraudulently obtain credit for correspondence courses. On at least one occasion, the coach provided about $2,000 in cash to one of the junior college players in an effort to entice him to attend New Mexico State.

The Infractions Appeals Committee considered each specific argument forwarded by the former assistant. The coach contended, for example, that the Committee on Infractions erred in basing its finding of academic fraud on the testimony of his ex-wife and a student-athlete. He argued that each had a suspect motive for testifying. The Committee on Infractions had said it found the statements of the two witnesses to be credible and also based the finding on other independent evidence. The Infractions Appeals Committee concluded that the Committee on Infractions did not err in determining the credibility of the witnesses and relying on their testimony.

The appeals committee also did not agree with contentions of the former assistant regarding the other findings.

The Infractions Appeals Committee also considered the appeal of the 10-year show-cause penalty as excessive or inappropriate. In its report, the committee stated that this case was the second involving an ethical conduct finding against the former assistant. That case also involved a show cause penalty. The committee concluded that because of the history and circumstances of the present case, the penalty was neither inappropriate nor excessive.

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

A copy of the complete report from the NCAA Division I Infractions Appeals Committee is available on NCAA Online (www.ncaa.org).