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    Subcommittee upholds penalties in Missouri Western case

    Mar 3, 2010 1:48:30 PM


    The NCAA News

     

    A Division II Management Council subcommittee on infractions appeals has upheld the penalties assessed to Missouri Western State for major and secondary violations in the women's basketball program.

    In July 2008, the Division II Committee on Infractions issued a report citing that a women's basketball student-athlete had exhausted her eligibility before enrolling at Missouri Western State, yet competed for two academic years. Penalties, in addition to those self-imposed by the university, included two years of probation, a vacation of records, recruiting restrictions and athletics scholarship reductions.

    The university appealed the findings of ineligible participation and extra benefits, claiming that they were contrary to the evidence presented and that they were excessive. University officials said that the violations should be considered secondary, as they were isolated or inadvertent, did not provide a considerable competitive advantage and did not include any significant recruiting inducement or extra benefit.

    The subcommittee, though, said that more than a minimal competitive advantage was gained, standing by the Committee on Infractions' statement that the student-athlete "saw substantial playing time during the two years she was ineligible and was a contributor to a number of victories." 

    The subcommittee also noted that the lack of even a minimal investigation into the gap between the student-athlete's secondary school graduation and collegiate enrollment demonstrated that the violation was not inadvertent.

    In considering the university's appeal, the subcommittee 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.

    Members of the Infractions Appeals 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; Glenn Stokes, Columbus State University; and Bob Fortosis, Eckerd College.