The NCAA Division II Infractions Appeals Committee (“Committee”) recently reviewed and affirmed the Committee on Infractions’ (“COI”) decision relating to the former University of Southern Indiana (“USI”) head basketball coach (“Coach”).

COI found that Coach acted unethically in violation of NCAA Bylaw 10.1 and failed to promote an atmosphere for compliance in violation of NCAA Bylaw 11.1.2.1. Specifically, COI found that Coach knowingly arranged for fraudulent academic credit for a student-athlete, knowingly provided extra benefits to a student-athlete, and provided misleading information to investigators.  Additionally, COI found that Coach instructed an assistant coach to provide impermissible transportation to a student-athlete and failed to monitor the activities of an assistant coach that purchased airline tickets and arranged for fraudulent academic credit for a student-athlete.  As a result of the foregoing, COI issued a two-year show-cause penalty.

On appeal, Coach argued that the two-year show-cause penalty (and accompanying penalties) should be set aside because the penalty is “excessive such that it constitutes an abuse of discretion.”  Coach argued that he provided adequate supervision of assistant coaches for 16 or 17 years and this matter was an aberration as opposed to a distinctive decision not to continue his history of adequate supervision.  The Committee summarily resolved Coach’s complaint and stated “there is no evidence that there was an abuse of discretion in the imposition of a two-year show-cause order.”

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.