CONTENTS
DIVISION III REQUIREMENT TO REPORT VIOLATIONS OR VERIFY NO VIOLATIONS OCCURRED
NCAA Bylaw 3.2.4.15 - Reporting Secondary Violations - requires that Division III institutions must submit either self-reports of secondary violations (Level I and Level II) or an annual confirmation that the institution did not commit any secondary violations. Any secondary violations that occurred at the institution during the academic year should be submitted to the enforcement staff. If an institution did not report any violations, it must verify that no violations occurred at the institution on the Sports Sponsorhip Institutional Demographic Report, which must be submitted by August 15.
LETTERS OF ADMONISHMENT AND LETTERS OF REPRIMAND
Several member institutions and conferences have expressed concerns regarding the penalty of a letter of reprimand. The primary concern is that the issuance of a letter of reprimand may have a significant impact on the employment status of the recipient of such a letter, and/or require that certain institutional and/or conference disciplinary measures be imposed, that go significantly beyond what was intended by the Committee on Infractions in requiring that a letter of reprimand be issued. In an effort to promote consistency and provide guidance to the membership, the Committee on Infractions has developed descriptions of, and expectations for, letters of admonishment and letters of reprimand. Accordingly, beginning March 4, 2002, any letters of admonishment and any letters of reprimand imposed as penalties for secondary violations will be based on the following descriptions:
"Letter of Admonishment" -- Although no specific language is required, a letter of admonishment should provide written notice to the responsible individual that his or her actions resulted in a violation, that the individual needs to make a concerted effort to understand the involved legislation, and that the individual should make every reasonable effort to avoid similar violations in the future. In addition, a letter of admonishment should convey a warning or express disapproval of the individual's actions or oversight. It is intended that letters of admonishment not be placed in an individual's personnel file; however, that decision is left to the discretion of each member institution and conference.
Please note that the specific language used in a letter of admonishment need not be the same in every case. Rather, the specific language used can be tailored to reflect the appropriate tone given the seriousness of the violation and the individual's conduct.
"Letter of Reprimand" -- A letter of reprimand should be considered a severe and formal disciplinary action or reproof in response to an individual's conduct. Although no specific language is required, it should be clear that the individual's conduct that resulted in the violation is unacceptable and that the individual is being formally disciplined. Further, it is recommended that letters of reprimand be placed in an individual's personnel file and given appropriate consideration in performance evaluations; however, that decision is left to the discretion of each member institution and conference.
FINES AND FORFEITURES (DIVISION I)
The current penalty in Division I for secondary violations involving competition by one or more ineligible student-athletes is an institutional fine in the amount of $500 for each contest in which an ineligible student-athlete competes, and $500 for each ineligible student-athlete who competes, up to a maximum amount of $5,000. In addition, in individual sports, the institution will be required to forfeit the points earned by the ineligible student-athlete(s) and adjust team standings accordingly. For team sports, the institution's conference will determine whether forfeiture of the contests should be required.
The penalty for such violations is applied as follows:
For team sports: The institution will be required to pay a fine in the amount of $500 for each contest in which an ineligible student-athlete competed, and $500 for each ineligible student-athlete who competed, up to a maximum amount of $5,000. In addition, the institution will be required to notify its conference office in writing of the contests in which the ineligible student-athlete(s) competed for a determination of whether the contests should be forfeited.
For individual sports: The institution will be required to pay a fine in the amount of $500 for each contest in which an ineligible student-athlete competed, and $500 for each ineligible student-athlete who competed, up to a maximum amount of $5,000. In addition, the institution will be required to forfeit the individual points earned by the ineligible student-athlete(s) and adjust team standings accordingly.
It is not required that the fine be paid by the involved sport program; rather, the institution has discretion in determining what funds are used to pay the financial penalty. Checks should be made payable to the NCAA and submitted to the enforcement staff. The money will be used to fund student-athlete welfare programs.
For more information regarding financial penalties for ineligible competition, please see the article "Fines to replace forfeitures as penalty for secondary infractions" that appeared in the April 15, 2002, edition of The NCAA News.
Guideline for Imposing Fines for Bylaw 14 Secondary Violations In Which An Ineligible
Student-Athlete Competes
* Please note that this is only intended to be a guideline to assist institutions in determining appropriate self-imposed actions. There may be exceptions to the guidelines listed, depending on the circumstances of each individual case. Further, this guideline is limited to fines and forfeitures; other penalties would continue to apply if appropriate (e.g., suspension of coach for one or more contests, letter of reprimand or admonishment, etc.).
* Although this guideline is limited to Bylaw 14 violations, there may be other types of violations that also will result in an institutional fine for ineligible competition by one or more student-athletes. For example, an amateurism violation (Bylaw 12) may result in an institutional fine if the institution knew or should have known of the student-athlete?s ineligibility prior to the student-athlete competing for the institution.
* This guideline in no way is intended to imply that institutional fines may not be imposed for other types of secondary violations. For example, fines are imposed for violations of Bylaw 16.8.1.2, and may be imposed for other violations, such as impermissible logo violations and ISSG violations.
* This guideline is intended to be used only for secondary violations that occur during the regular playing and practice season of the sport, including nontraditional, exhibition and scrimmage contests. It is not intended to apply to situations in which an ineligible student-athlete competes in an NCAA championship.
BYLAW CITE | FACTS | PENALTY FOR | PENALTY FOR INDIVIDUAL SPORTS |
14.01.1, | SA competed prior to being certified eligible by the institution and SA was not otherwise eligible | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.01.1, | SA competed prior to being certified eligible by institution and SA was otherwise eligible | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.01.2 | SA competed while not in good academic standing as determined by institution | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.01.3 | SA competed while not in compliance with NCAA and institutional and/or conference regulations | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture
| Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.01.3 | SA competed while not in compliance with institutional and/or conference regulations only (SA met all NCAA requirements) | No fine | No fine |
14.1.7 | SA competed without having been admitted to the institution as a regularly enrolled, degree-seeking student | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture
| Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.1.8.2 | SA competed while enrolled less than full-time due to a "timing" issue, or without the SA and/or the athletics department knowing SA was below full-time enrollment, etc. | No fine | No fine |
14.1.8.2 | SA competed while enrolled less than full-time and athletics department and/or SA knew or should have known of SA?s enrollment status | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.1.9 | Graduate SA competed at an institution other than the one SA graduated from | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.2 | SA competed in more than 4 seasons of competition in one sport | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.2.1 | SA competed beyond the permissible 5-year period | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.3.1 | SA competed prior to being certified by the Initial Eligibility Clearinghouse and SA subsequently is determined to be a qualifier, partial qualifier or nonqualifier | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.3.2.1.1 | Partial qualifier competed during first academic year in residence | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.3.2.2.1 | Nonqualifier competed during first academic year in residence | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.3.3 | Partial or nonqualifier competed in a fourth season without meeting the exception in Bylaw 14.3.3.1 | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.3.4 | Partial or nonqualifier competed prior to fulfilling a year in residence | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.4.1 | SA competed even though SA did not meet satisfactory-progress requirements (generally) | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.4.3.1 | SA competed even though SA did not complete necessary credit hours (12/24) | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.4.3.1.4 | SA competed during third or subsequent year of enrollment prior to designating degree program | No fine | No fine |
14.4.3.2 | SA competed during third or subsequent year without meeting necessary percentage of degree requirements | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.4.3.3 | SA competed during third or subsequent year without meeting necessary GPA | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.5.1 | Transfer SA competed during first year in residence without meeting any exception to become immediately eligible | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.5.4 | Two-year transfer SA competed during first year of residence without meeting transfer requirements | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA)
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14.5.5 | Four-year transfer SA competed during first year of residence without meeting any exceptions to be immediately eligible | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.5.6 | 4-2-4 transfer SA competed during first year of residence without meeting any exceptions to be immediately eligible | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
14.11 | SA competes when otherwise eligible but prior to institution requesting reinstatement of eligibility for SA's involvement in a violation, and SA would have been immediately reinstated without relief being provided. | No fine | No fine |
14.11 | SA competes when otherwise eligible but prior to institution requesting reinstatement of eligibility for SA's involvement in a violation, and SA would NOT have been immediately reinstated without relief being provided. | Fine the institution $500 (for each contest and each ineligible SA) and require written notification to conference for a determination of forfeiture | Forfeit the individual points earned by the SA and adjust team standings, and fine the institution $500 (for each contest and each ineligible SA) |
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