The NCAA Division II Management Council Subcommittee on Infractions and Membership Committee Appeals has upheld the appealed violation findings and penalty for the former head men’s basketball coach at Incarnate Word.

The former coach appealed the NCAA Division II Committee on Infractions’ findings of failure to monitor, extra benefits and unethical conduct violations against him, as well as his two-year show-cause order.

Under the show-cause penalty, should the former head coach seek athletically related employment with any NCAA institution during this time, he and the hiring institution must appear before the Division II Committee on Infractions to determine whether his duties should be limited.

In February 2009, the Committee on Infractions issued a report that included findings of several major violations in the men’s basketball program. The case involved a failure to monitor and unethical conduct by the former head coach, unethical conduct by the former assistant coach and violations involving impermissible recruiting inducements and extra benefits.

In his written appeal, the former head coach asserted that the findings of extra benefits, unethical conduct and failure to monitor violations should be set aside as clearly contrary to the evidence presented. He also said that the show-cause penalty should be overturned.

The Infractions Appeals Subcommittee may overturn a violation only if:

• It is contrary to the evidence presented;
• The facts do not constitute a violation; or
• A procedural error affected the reliability of the information.

The Infractions Appeals Subcommittee affirmed the findings, noting they were not contrary to the evidence. The panel also said it found no basis for modifying the penalty.

The members of the Infractions Appeals Subcommittee who heard this case are Ann Jirkovsky, Bellarmine University, chair; Rick Cole, Dowling College; Bob Fortosis, Eckerd College; Frances Nee, Indiana University of Pennsylvania; and Glenn Stokes, Columbus State University.