WSOPdawg
08-09-2017, 08:08 PM
Some interesting tidbits I found, leading me to believe the new penalty matrix is going to get a work-out
1) Because a Head Coach Control Violation was not alleged in the 1st NOA, TCUN challenges the NCAA by saying they can't include it now (attempting to bring a school of law in to play). The NCAA's response is as follows:
PAGE 107:"The enforcement staff disagrees and restates the arguments in its May 2, 2017, letter to the hearing panel's chief hearing officer, specifically that (1) Committee on Infractions Internal Operating Procedure ... expressly authorizes the enforcement staff to amend allegations; (2) any other model would invite significant mischief and be entirely unworkable in practice; and (3) there is no appetite in the membership to move toward an infractions model where partially-informed charging decisions are forever binding
2) Regarding Lack of Institutional Control, the NCAA states:
PAGE 108: "the underlying violations are attributable to a culture of noncompliance and mindset that gaining recruiting and competitive advantages trumps adherence to Association rules. They also demonstrate an inability by the institution to execute existing policies or consistently follow the compliance procedures that were in place. The continuation of violations over several years, including during this investigation, also shows the institution failed to take meaningful action to curb misconduct in its football program or reinforce the message that compliance is a required and non-negotiable part of representing the institution. Meanwhile outside of football, two other sport programs at the institution were also involved in multiple, serious NCAA violations. Even on a large campus, it is unusual to see the high volume and serious nature of violations like those at issue here. Obviously, something was wrong at the institution...
PAGE 109: Three head coaches also failed to meet their obligations to promote an atmosphere of compliance and monitor their staffs. These serious shortcomings at the highest level of multiple sports demonstrate a lack of institutional control."
"The violations occurred, and recurred, over five and a half years, including during the investigation when attention to compliance should have been paramount. During this same time period, the institution failed to take meaningful action as required by the Principles to correct the behavior in its football program, which allowed additional violations to occur and illustrated a lack of institutional control."
1) Because a Head Coach Control Violation was not alleged in the 1st NOA, TCUN challenges the NCAA by saying they can't include it now (attempting to bring a school of law in to play). The NCAA's response is as follows:
PAGE 107:"The enforcement staff disagrees and restates the arguments in its May 2, 2017, letter to the hearing panel's chief hearing officer, specifically that (1) Committee on Infractions Internal Operating Procedure ... expressly authorizes the enforcement staff to amend allegations; (2) any other model would invite significant mischief and be entirely unworkable in practice; and (3) there is no appetite in the membership to move toward an infractions model where partially-informed charging decisions are forever binding
2) Regarding Lack of Institutional Control, the NCAA states:
PAGE 108: "the underlying violations are attributable to a culture of noncompliance and mindset that gaining recruiting and competitive advantages trumps adherence to Association rules. They also demonstrate an inability by the institution to execute existing policies or consistently follow the compliance procedures that were in place. The continuation of violations over several years, including during this investigation, also shows the institution failed to take meaningful action to curb misconduct in its football program or reinforce the message that compliance is a required and non-negotiable part of representing the institution. Meanwhile outside of football, two other sport programs at the institution were also involved in multiple, serious NCAA violations. Even on a large campus, it is unusual to see the high volume and serious nature of violations like those at issue here. Obviously, something was wrong at the institution...
PAGE 109: Three head coaches also failed to meet their obligations to promote an atmosphere of compliance and monitor their staffs. These serious shortcomings at the highest level of multiple sports demonstrate a lack of institutional control."
"The violations occurred, and recurred, over five and a half years, including during the investigation when attention to compliance should have been paramount. During this same time period, the institution failed to take meaningful action as required by the Principles to correct the behavior in its football program, which allowed additional violations to occur and illustrated a lack of institutional control."