The Division I Infractions Appeals Committee has upheld the vacation-of-records penalty and probationary period effective dates in a case involving the Arkansas men’s track and field program.

In October 2007, the Division I Committee on Infractions penalized the program for violations of NCAA rules regarding recruiting, unethical conduct and failure to monitor.

In its appeal to the Infractions Appeals Committee in July 2008, Arkansas accepted the three-year probation but requested that the probation period begin when the university had initiated its self-imposed probation.

However, the Infractions Appeals Committee affirmed the probationary effective dates as October 25, 2007, through October 24, 2010, as determined by the Committee on Infractions. The Infractions Appeals Committee noted that the Committee on Infractions has established the date of the public report as the starting date for probationary periods and has consistently followed this practice since 2004.

Arkansas also questioned the vacation of the student-athlete’s records, believing that the underlying infractions were not sufficiently serious to warrant the penalty. However, the Infractions Appeals Committee affirmed the penalty, noting that the violations were not promptly discovered and reported, allowing the student-athlete to remain ineligible throughout his time at the university. 

The Infractions Appeals Committee also noted that the university was cited for failure to monitor, which the university did not dispute. Further, the Infractions Appeals Committee noted the university is a “double repeat violator” and the Committee on Infractions considered, but did not impose, other penalties such as a postseason ban. 

In light of those circumstances, the Infractions Appeals Committee upheld the vacation-of-records penalty, noting that it was neither excessive nor inappropriate. In considering Arkansas’ appeal, the committee reviewed the notice of appeal; the transcript of the university’s hearing before the Committee on Infractions; and the appeal submissions by Arkansas and the Committee on Infractions.

The members of the Infractions Appeals Committee who heard this case were Christopher L. Griffin, Foley & Lardner LLP, chair; Susan Cross Lipnickey, Miami University (Ohio); Noel M. Ragsdale, University of Southern California; and Allan A. Ryan Jr., Harvard University.