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Introduction to Student-Athlete Reinstatement

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Introduction to Student-Athlete Reinstatement Powered By Docstoc
					Self-Reporting
  Secondary
  Violations
This session will review:
1.   The definition of a secondary violation;

2.   Level I and Level II secondary violations and the
     reporting process for both types of violations;

3.   What to include in a self-report and where it should be
     sent, both for Level I and Level II violations; and

4.   Other matters, including the obligation to self-report,
     penalties and letters of inquiry, if time permits.
Policies and procedures for investigating and
reviewing possible violations -
These procedures should:
  • Be in writing;
  • Be approved by the institution’s CEO; and
  • Identify who on campus is to conduct the review.

These procedures must:
  • Allow for a timely review; and
  • Identify everyone involved in the process as
      well as their responsibilities.
Bylaw 19.02.2.1
A secondary violation is a violation that is
isolated or inadvertent in nature, provides or
is intended to provide only a minimal
recruiting, competitive or other advantage
and does not include any significant
recruiting inducement or extra benefit...
Bylaw 19.02.2.1
A secondary violation is a violation that is
isolated or inadvertent in nature, provides
or is intended to provide only a minimal
recruiting, competitive or other advantage
and does not include any significant
recruiting inducement or extra benefit...
Bylaw 19.02.2.1
A secondary violation is a violation that is
isolated or inadvertent in nature, provides
or is intended to provide only a minimal
recruiting, competitive or other
advantage and does not include any
significant recruiting inducement or extra
benefit...
Bylaw 19.02.2.1
A secondary violation is a violation that is
isolated or inadvertent in nature, provides or
is intended to provide only a minimal
recruiting, competitive or other advantage
and does not include any significant
recruiting inducement or extra benefit...
Bylaw 19.02.2.2

All violations other than secondary
violations are major violations,
specifically including those that provide
an extensive recruiting or competitive
advantage.
Bylaw 19.02.2.1

Multiple secondary violations by a member
institution may collectively be considered a
major violation.
First step is to determine whether the
violation is secondary or major; only after
determining that it’s secondary do you
consider whether it is Level I or Level II.

Bottom Line: Once it is determined that a
violation did occur, you need to self-
report.
Enforcement staff makes an initial
 determination as to whether a violation is
 secondary or major and processes the case
 accordingly.

Ultimate determination as to secondary or
 major status is made by the Committee on
 Infractions.
Self-Reporting Process
Secondary violations are divided into two levels:
  Level I

  Level II

Level I violations are reported to the NCAA
national office as they occur and are discovered, and
are formally processed by the enforcement staff.
Self-Reporting Process
Level II violations
 Processed by institutions and/or conferences as they
  occur and are discovered;
 Reported to the enforcement staff on a quarterly basis;
 Enforcement staff reviews, but does not formally
  process;
 Institutions are not required to seek reinstatement of
  eligibility for any involved enrolled or prospective
  student-athletes through NCAA reinstatement process.
     Level I Secondary Violations
List of Level I violations by bylaw cite on Web site.

In addition to those bylaws specified, Level I
   violations also include:

   • All intentional violations;

   • Any violations not isolated or limited in scope; and

   • Any similar violations that previously have occurred
     in the same sport during that same year.
Example List of Level I Violations
Bylaw 12
  12.01.1 – Eligibility for Intercollegiate Athletics
  12.1 – General Regulations (Amateurism)
  12.2 – Involvement with Professional Teams
  12.3 – Use of Agents
  12.4.1 – Criteria Governing Compensation to Student- Athletes
  12.4.2* - Specific Athletically Related Employment Activities -
  *Limited to violations that involve impermissible
       earnings of more than $100

Bylaw 13
  13.01.4 – Recruiting by Representatives of Athletics Interests
  13.02.3 – Contact (Definition and Application)
     List of Level I Violations
The asterisk (*) means violations of that particular
 bylaw are Level I only in certain circumstances.

Examples:
*15.3.5 – Renewals and Nonrenewals - *Limited to
  cases involving nonrenewals and reductions only

*Bylaw 16 – *Limited to those Bylaw 16 violations
 that involve an impermissible benefit with a value of
 more than $100

13.2 – Offers and Inducements – Level I regardless of
  value (notice no asterisk)
     List of Level I Violations
*13.1.3 – Telephone Calls to Prospects - *Does NOT include
  Bylaw 13.1.3.1 violations that involve the first occasion a
  staff member exceeds the permissible number of calls during
  a given week when it otherwise is permissible to call on a
  weekly basis (e.g., two calls during one week of the
  prospect’s senior year), which are Level II.

All other Bylaw 13.1.3 violations are Level I and affect
the eligibility of the prospective student-athlete.
• Call prior to the permissible date
• Make more than one impermissible call (e.g., three calls
  during one week, two calls during one week on more than one
  occasion)
    Level II Secondary Violations
All inadvertent, isolated violations not identified
as Level I violations are considered to be Level II
violations.

All Level II violations are either de minimis (do not
affect eligibility) or restitution (repayment of value
of impermissible benefit if $100 or less).
     Level II Prescribed Penalties

Some Level II violations require institutions to impose
  specific penalties. If a Level II violation has a specific
  penalty, the institution MUST impose it.

If an institution believes that the circumstances are such
   that the prescribed action is not appropriate, it may
   submit the violation to the staff for processing with an
   explanation as to why relief from the prescribed action
   should be provided.
        Level II Violations

For Level II violations for which no prescribed
actions are required: Institutions and/or
conferences should take whatever corrective
and/or punitive actions they believe are
appropriate in response to the violations.
Level II Reporting Process Problems
   Including Level I violations (many of which affect
    eligibility) on the quarterly reports of Level II violations;

   Not imposing the prescribed penalty for those Level II
    violations that require a specific penalty;

   Incorrectly assuming that a violation is Level II and that
    it does not affect eligibility, even though it’s listed as
    Level I and does affect eligibility;

   Not submitting Level II violations to the enforcement
    staff.
Level II Truths
Level I means Level I – Always! Even if a Level I
  violation is inadvertent, it’s still Level I!

If a violation affects eligibility, it affects eligibility! And
   just because a violation does not affect eligibility, that
   doesn’t make it Level II!

Prescribed penalties must be imposed for a violation to be
  processed as Level II!

Level II violations are still violations! We care about them
  and they need to be reported!
Still More Problems . . .
Not enough info on the Level II reports.

Insufficient
Facts: “The SA received an extra benefit.”

Sufficient
Facts: “The head men’s tennis coach provided a men’s
  tennis SA with a Batman utility belt as a congratulatory
  gift after the SA passed his eye exam. The value of the
  benefit was $13.97.”
Web-Based Reporting System
The electronic reporting
system will allow
institutions to submit              NCAA
violation reports
electronically to
conference offices, and
for conference offices to
submit reports
electronically to the
enforcement staff, and      Institution   Conference
vice versa.
Level I Violations reports should
 include the following:

1.   The date and location of the violation.
2.   A description of the violation, including the rule
     citation.
3.   The identity of the coaches, prospective and enrolled
     student-athletes and other individuals involved in the
     violation.
4.   The reasons the violation occurred.
5.   The means by which the institution became aware of the
     violation.
Level I Violations reports should
include the following:
6.   A list of corrective and disciplinary actions taken
     by the institution and conference (if any).
7.   An acknowledgement that a violation occurred and
     the institution’s position regarding whether the
     violation is secondary.
8.   A statement indicating whether any eligibility
     issues need to be resolved and, if so, whether the
     institution is requesting restoration of eligibility for
     any prospective or enrolled student-athletes.
Level I Violations reports should
include the following:

9.    Any other information that should be
      considered in reviewing the case.
10.   Date the self-report.
Penalties for Secondary Violations
The Committee on Infractions has given the enforcement
staff the authority to process cases and impose appropriate
penalties using case precedent.

Any penalty imposed by the staff is the “minimum
threshold” penalty for that violation.

Institutions and conferences have the authority to impose
more significant penalties than the NCAA minimum.
        Guidelines for Penalties
1. The penalty should affect the area in which
   it occurred (e.g., a recruiting violation
   should result in a recruiting penalty);

2. The penalty should be designed to affect the
   individual responsible for the violation and that
   individual’s sport program.

3. A penalty should be imposed over and above
   just eliminating the advantage (e.g., 2-for-1).
2-for-1 reduction:
Facts:     A member of the coaching staff telephones a
           prospective student-athlete on two occasions
           during the same one-week period (Bylaw
           13.1.3.1).

Penalty:   The institution should be required to preclude
           the coaching staff from telephoning the
           prospective student-athlete for a period of two
           weeks (twice the number of weeks as the
           number of impermissible calls that occurred – a
           2-for-1 reduction).
Resources for Determining
        Penalties

  Secondary Infractions
         Database
  On the NCAA Web site
Resources for Determining
        Penalties


     Bylaw 19.5.1
     Chris Strobel
     Renee Gomila
    Corrective Actions
•   Rules education
•   Improved monitoring procedures
Why is self-reporting important?
• It is an efficient and effective way to handle
     secondary violations.

• It is REQUIRED!
          NCAA constitution 2.8.1 mandates that
          institutions report all instances of
          noncompliance with NCAA rules and
          regulations.
Step-by-Step Review of the Self-
Reporting Process
Is the violation secondary or major (see Bylaw 19.02.2)?
  If major, send to enforcement (David Price).
  If secondary, is it Level I or Level II?
   • It is Level I if…the violation is listed on the list of Level I
      violations, or it’s intentional, or it’s not isolated or limited to a
      single occurrence, or the same violation has already occurred in
      that sport during that year.
        – Does it affect eligibility?
            – If so and the institution is seeking reinstatement, send
              the report to student-athlete reinstatement.
            – If not or if it does but the institution is not seeking
              reinstatement, send the report to enforcement.
Step-by-Step Review of the Self-
Reporting Process

If secondary, is it Level I or Level II?
    If the violation is not on the list of Level I violations, and it is
    inadvertent, and it is isolated and limited to one occurrence, and
    it is the first time the violation has occurred in that sport that
    year, then it is Level II.
   - Does the Level II violation have a prescribed penalty?
        – If so, the institution must impose the prescribed penalty to
            process as Level II.
        – If not, institution and/or conference takes whatever action
            they believe is appropriate in response to the violation.
   NCAA Web site
      Check it out!
   http://www.ncaa.org

Legislation and Governance

    Rules Compliance

  Secondary Infractions

				
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posted:5/6/2010
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