The NCAA Division I Infractions Appeals Committee has upheld the findings of violations and penalties for a former University of New Mexico assistant football coach.

In August 2008, the Committee on Infractions found that the former assistant coach arranged for an enrolled student-athlete and three prospective student-athletes to enroll in correspondence courses. All three prospects received credit for course work they did not complete.

In his appeal, the coach asserted that the findings should be set aside because they were contrary to the evidence presented to the committee. He also said the facts found by the committee did not constitute a violation of NCAA rules, and that procedural error affected the reliability of the evidence used to support the committee’s findings. The coach contended that all the penalties should be vacated if the findings were overturned, and further argued that if the findings were upheld, the penalties should be modified to allow him to engage in on-campus recruiting.

The Infractions Appeals Committee noted that findings were based on credibility determinations made by the Committee on Infractions and were not contrary to the evidence. Further, it did not find any procedural error that affected the reliability of the evidence on which the Committee on Infractions based its findings. It also did not find any basis to modify the penalty restricting on-campus recruiting for the former assistant coach.

In considering the former assistant coach’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 former assistant coach and the Committee on Infractions.

The members of the Infractions Appeals Committee who heard this case were Noel M. Ragsdale, University of Southern California, acting committee chair; Susan Cross Lipnickey, Miami University (Ohio); David Williams II, Vanderbilt University; and Jack Friedenthal, George Washington University.