The NCAA News - News and Features

January 6, 1997

Committee vacates finding on former basketball assistant

The NCAA Infractions Appeals Committee has vacated a finding concerning a former New Mexico State University assistant men's basketball coach. Since the finding is vacated, the "show-cause" penalty against the coach also is vacated.

This appeal was made by the former assistant coach after he was named in a lack-of-institutional-control violation as part of a major case involving New Mexico State. The Infractions Appeals Committee addressed questions concerning adequate notice of allegations of NCAA rules violations and whether individuals below the status of head coach may be found in violation of institutional control rules.

The original decision concerning New Mexico State was issued by the NCAA Committee on Infractions July 16, 1996. The former assistant men's basketball coach filed a notice of appeal July 31, 1996. The university did not appeal. The Infractions Appeals Committee heard the appeal during its October 28, 1996, meeting.

With regard to notice of the charge, the former assistant men's basketball coach was not given a copy of the charge before the hearing, no mention was made of the charge at the prehearing conference with members of the NCAA enforcement staff and no reference to a possible finding was made during the hearing.

The Committee on Infractions maintained that it has the right under NCAA bylaws to make findings of violations based on information developed or discussed at a hearing. It noted that discussion of a lack of institutional control included questioning the former assistant men's basketball coach regarding his responsibilities. There is no record that he was notified that an institutional-control violation was being contemplated against him personally.

The Infractions Appeals Committee pointed out in its report that the former assistant men's basketball coach successfully defended himself at the hearing against charges of academic fraud and unethical conduct violations, charges that he was aware of before the hearing began.

The Infractions Appeals Committee found that although the Committee on Infractions has the authority to make findings of violations based on information developed at the hearing, the Committee on Infractions must provide adequate notice of the charge, which was not done in this case. It suggested that the Committee on Infractions, when it determines during or after a hearing that a violation may have occurred, must give the institution or individual an opportunity to respond before a violation can be found.

The Infractions Appeals Committee also noted that this case marked the first time that the Committee on Infractions had found an institutional-control violation against an assistant coach. The former assistant men's basketball coach argued that the legislation in question does not place the responsibility for institutional control with an assistant coach.

The Committee on Infractions noted that while head coaches are normally the institutional-control link between the athletics department administration and the coaching staff, individuals are included based on their job responsibilities, which vary.

The Infractions Appeals Committee determined that the primary responsibility for establishing a positive compliance atmosphere rests with the institution. "Inasmuch as the head coach can be categorized as a department head, the person primarily responsible for the supervision of others in the department, a logical case can be made that some institutional control responsibility rests with that individual," stated the committee. The Infractions Appeals Committee concluded, however, that such logic cannot be extended to include assistant coaches.

The members of the Infractions Appeals Committee that heard this case were Marshall M. Criser, attorney with Mahoney, Adams & Criser; Katherine E. Noble, assistant commissioner, Big Sky Conference; David Price, associate commissioner, Pacific-10 Conference; Michael L. Slive (chair), commissioner, Conference USA; and John Stoepler, dean of law emeritus, University of Toledo.

The complete report of the Infractions Appeals Committee will be published in the February 3 issue of The NCAA Register.