The Division II Infractions Appeals Subcommittee has upheld a vacation-of-records penalty against Abilene Christian for a February 2009 case involving impermissible inducements, extra benefits and official-visit violations in the school’s track and field programs.

The penalties also included two years of probation and recruiting restrictions.

Abilene Christian based its appeal on the impermissible-inducement violation being contrary to the evidence presented. Had it not been for a procedural error, the school said, the Committee on Infractions would not have made the finding. The school also believed the vacation-of-records penalty was excessive.

University officials said that procedural error occurred when the Committee on Infractions found that two assistant coaches were knowingly involved in major violations of NCAA rules. They asserted that the committee incorrectly determined the violations as major rather than secondary.

However, the subcommittee found no basis to conclude that a procedural error occurred. Members also did not regard the resulting penalties as excessive.

In considering the university’s appeal, the subcommittee reviewed the notice of appeal; the transcript of the university’s Committee on Infractions hearing; and submissions from the university and the Committee on Infractions.

The Infractions Appeals Subcommittee may overturn a violation finding only if:

• The finding is contrary to the evidence presented;
• The facts found by the committee do not constitute a violation of NCAA rules; or
• A procedural error affected the reliability of information that was used to support the findings.

The subcommittee may overturn a penalty if it is found to be excessive such that it constitutes an abuse of discretion.

The members of the subcommittee who heard this case were: Ann Jirkovsky, Bellarmine University, chair; Rick Cole, Dowling College; Stephanie Harrison-Dyer, Albany State University (Georgia); Frances Nee, Indiana University of Pennsylvania; and Glenn Stokes, Columbus State University.