The NCAA Division I Infractions Appeals Committee has upheld the penalties for Texas A&M University-Corpus Christi, which had appealed the scholarship reductions in women’s volleyball and men’s tennis, as well as a postseason ban for men’s tennis.

In March 2009, the infractions committee found major violations in the women’s volleyball, men’s tennis and men’s basketball programs.  The case included findings of ineligible participation, receipt of recruiting inducements, impermissible recruiting phone calls, failure to report NCAA violations and lack of institutional control. The committee also cited unethical conduct with the former athletics director and former compliance director.

Penalties in the case included four years of probation, postseason bans, scholarship reductions, recruiting restrictions and vacation of records.

In its written appeal, the university asserted that the scholarship reductions and postseason ban for men’s tennis should be overturned. Under NCAA bylaws, for a penalty to be set aside, the penalty must be excessive such that it constitutes an abuse of discretion. 

The Infractions Appeals Committee has determined that an abuse of discretion in the imposition of a penalty occurs if the penalty: 

• Was not based on a correct legal standard or was based on a misapprehension of the underlying substantive legal principles;
• Was based on a clearly erroneous factual finding;
• Failed to consider and weigh material factors;
• Was based on a clear error of judgment, such that the imposition was arbitrary, capricious, or irrational; or
• Was based in significant part on one or more irrelevant or improper factors.

The Infractions Appeals Committee affirmed the penalties and noted that it found “no basis” to conclude that any of the necessary criteria were met.

In considering the university’s appeal, the Infractions Appeals Committee reviewed the notice of appeal, the transcript of the university’s Committee on Infractions hearing, and the submissions by the university and the Committee on Infractions.

The members of the Infractions Appeals Committee who decided this case were Christopher L. Griffin, Foley & Lardner LLP, chair; Susan Cross Lipnickey, Miami University (Ohio); Noel M. Ragsdale, University of Southern California; David Williams II, Vanderbilt University; and Jack Friedenthal, professor of law at George Washington University.