The Division I Infractions Appeals Committee has reversed findings of unethical conduct and impermissible contract for future employment against a former assistant men's basketball coach at New Mexico State University.

The Division I Committee on Infractions issued the findings and imposed a one-year show-cause penalty on the former coach on June 20, 2001. The case involved improper arrangements for future employment of a then junior college basketball coach, as well as academic fraud, unethical conduct, extra benefits, recruiting and transfer eligibility at the university.

During the appeals process, the Committee on Infractions rescinded the show-cause penalty and revised its unethical conduct finding. The unethical conduct charge was based, in part, on an incident in which the assistant coach told a prospective student-athlete from Croatia that he was ineligible for competition after the young man had reported to the university. The Committee on Infractions determined that the head coach wanted to conceal that he did not believe the prospect was good enough to participate in his program and told the assistant to provide an explanation to the young man.

The Committee on Infractions subsequently received evidence that exonerated the assistant and removed reference to the incident in its decision. At the same time, the committee rescinded the show-cause penalty.

With regard to the improper arrangement for future employment finding, the Infractions Appeals Committee said that only an individual with authority to act for an institution can violate the bylaw. The former assistant did not have that authority, and, therefore, could not be held responsible for the violation. The appeals committee reversed the finding.

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).