National Collegiate Athletic Association - Rules Violations

Rules Violations

Member schools pledge to follow the rules promulgated by the NCAA. Creation of a mechanism to enforce the NCAA's legislation occurred in 1952 after careful consideration by the membership.

Allegations of rules violations are referred to the NCAA's investigative staff. A preliminary investigation is initiated to determine if an official inquiry is warranted and to categorize any resultant violations as secondary or major. If several violations are found, the NCAA may determine that the school as a whole has exhibited a "lack of institutional control." The institution involved is notified promptly and may appear in its own behalf before the NCAA Committee on Infractions. The NCAA, however, has shown it is willing to forgoe its' charter to perform a preliminary investigation in favor of basing decisions, penalties and suspensions on unsupported third party documentation.

Findings of the Committee (or third party documentation) on Infractions and the resultant sanctions in major cases are reported to the institution. Sanctions will generally include having the institution placed on "probation" for a period of time, in addition to other penalties. The institution may appeal the findings or sanctions to an appeals committee. After considering written reports and oral presentations by representatives of the Committee on Infractions and the institution, the committee acts on the appeal. Action may include accepting the infractions committee's findings and penalty, altering either, or making its own findings and imposing an appropriate penalty. Contrary to the NCAA charter, however, the Committee may disallow and has openly disallowed consideration of any appeals by the institution.

In cases of particularly egregious misconduct, the NCAA has the power to ban a school from participating in a particular sport, a penalty known as the "Death Penalty". Since 1985, any school that commits major violations during the probationary period can be banned from the sport involved for up to two years. However, when the NCAA opts not to issue a death penalty for a repeat violation, it must explain why it didn't do so. This penalty has only been imposed three times in its modern form, most notably when Southern Methodist University's football team had its 1987 season canceled due to massive rules violations dating back more than a decade. SMU opted not to field a team in 1988 as well due to the aftershocks from the sanctions, and the program has never recovered; it has only two winning seasons and one bowl appearance since then. The devastating effect the death penalty had on SMU has reportedly made the NCAA skittish about issuing another one. Since the SMU case, there are only three instances where the NCAA has seriously considered imposing it against a Division I school; it imposed it against Division II Morehouse College's men's soccer team in 2003 and Division III MacMurray College's men's tennis team in 2005.

Additionally, in particularly egregious cases of rules violations, coaches, athletic directors and athletic support staff can be barred from working for any NCAA member school without permission from the NCAA. This procedure is known as a "show-cause penalty" (not to be confused with an order to show cause in the legal sense). Theoretically, a school can hire someone with a "show cause" on their record during the time the show cause order is in effect only with permission from the NCAA Infractions Committee. The school assumes the risks and stigma of hiring such a person. It may then end up being sanctioned by the NCAA and the Infractions Committee for their choice, possibly losing athletic scholarships, revenue from schools who would not want to compete with that other school, and the ability for their games to be televised, along with restrictions on recruitment and practicing times. As a result, a show-cause order usually has the effect of blackballing individuals from being hired for the duration of the order.

Furthermore, in particularly egregious cases of alleged despicable institutional behavior, proven or unproven, and athletically or non-athletically related, the NCAA may submit an ultimatum to the institution upon threat of implementation of the "Death Penalty", most notably The Penn State University's football program.

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