REPORT OF THE
NCAA DIVISION I COMMITTEES ON INFRACTIONS
ACTION ITEM.
·
Legislative
Action Items.
a. Modification
of Bylaw 32.1.5.
(1) Recommendation. To amend Bylaw 32.1.5 to make the "involved individual" definition applicable to the summary disposition process in the event that a notice of allegations has not been issued.
Bylaw: Amend Bylaw 32.1.5, as follows:
"32.1.5
Definition of Involved
Individual. Involved individuals
are former or current student-athletes and former or current institutional
staff members who have received notice of their
significant involvement in alleged violations through a the notice of allegations or
summary disposition process and have
been asked to respond in writing to the allegations and appear in person to
discuss their involvement in a hearing before the NCAA Division I Committee on
Infractions. [Source: Division I Committee on Infractions.]
(2) Effective Date:
Immediate.
(3) Rationale:
"Involved individual" is a term of art, which affords a
defined class of individuals specific status, obligations and entitlements
under NCAA enforcement procedures.
Currently under Bylaw 32.1.5, an individual is not conferred
"involved individual" status until after they have received notice of
involvement through the notice of allegations process (Bylaw 32.6). However, it is sometimes necessary to
afford an individual "involved individual" status during the summary
disposition and expedited hearing processes (Bylaw 32.7) prior to and
sometimes, absent the issuance of a notice of inquiry.
(4) Estimated Budget
Impact: None
(5) Impact on Student
Athlete's Time: None
b. Modification
of Bylaw 32.5.1.
(1) Recommendation.
To amend Bylaw 32.5.1 to make a
notice of inquiry letter optional if the institution and enforcement staff have
agreed to pursue the summary disposition process.
Bylaw:
Amend Bylaw 32.5.1 as follows:
"32.5.1
Notice to Institution. If the enforcement staff has developed
reasonably reliable information indicating that an institution has been in
violation of the Association’s governing legislation that requires
further in-person investigation, the enforcement staff shall provide a notice
of inquiry in writing to the president or chancellor unless the institution
and enforcement staff have agreed to pursue the summary disposition process as
set forth in Bylaw 32.7. Such notification The notice of
inquiry shall advise the president or chancellor that the enforcement staff
will engage in an investigation, that the investigation will be conducted under
the direction of the vice president for enforcement services and that members
of the enforcement staff, if requested, shall meet in person with the president
or chancellor to discuss the nature and details of the investigation, and the
type of charges that appear to be involved. The notice of inquiry shall state that
if the investigation develops significant information of a possible major
violation, a notice of allegations will be produced in accordance with the
provisions of Bylaw 32.6, or, in the alternative, the institution will be
notified that the matter has been concluded. To the extent possible, the notice of
inquiry also shall contain the following information:
(a) The involved sport;
(b) The
approximate time period during which the alleged violations occurred;
(c) The identity of the involved
individuals;
(d) An approximate time frame for the
investigation;
(e) A statement indicating that the
institution and involved individuals may be represented by legal counsel at all
stages of the proceedings;
(f) A statement requesting that
the individuals associated with the institution not discuss the case prior to
interviews by the enforcement staff and institution except for reasonable
campus communications not intended to impede the investigation of the allegations
except for consultation with legal counsel;
(g) A statement indicating that other
facts may be developed during the course of the investigation that may relate
to additional violations; and
(h) A statement regarding the
institution’s obligation to cooperate in the case. [Source: Division I Committee on Infractions.]
(2) Effective Date:
Immediate.
(3) Rationale:
The purpose of the notice of inquiry letter is to provide
preliminary notice to the institution about the scope and nature of an investigation
initiated by the enforcement staff.
The summary disposition process, which is a streamlined alternative to
the notice of allegations and hearing processes (Bylaws 32.6 and 32.8),
requires that an institution agree that the violations occurred in order for
the process to be pursued. As a
result, an institution opting for the summary disposition process will be fully
apprised and aware of the facts and circumstances involved in the case negating
the need for the notice of inquiry letter.
In lieu of the notice of inquiry, the enforcement staff shall send a
letter to the institution outlining the summary disposition process.
(4) Estimated Budget
Impact: None
(5) Impact on Student
Athlete's Time: None
INFORMATIONAL ITEMS.
·
None.
Jim
Elworth, Committee on Infractions