PROCEDURES FOLLOWED DURING HEARINGS
BEFORE THE NCAA COMMITTEE ON INFRACTIONS
(revised
February 13, 2002)
The purpose of this
document is to provide institutions, involved individuals and the NCAA
enforcement staff with advance written information regarding the procedures
that will be followed during a hearing before the committee.
DOCUMENTS REVIEWED BY THE COMMITTEE
·
The committee does not review all of the
information the institution, involved individuals and enforcement staff have
collected during the course of the investigation. Generally, the committee will have received and reviewed only the official inquiry, the case
summary and responses submitted by the institution and other involved parties.
·
Any additional documentary evidence that the institution,
involved individuals or the enforcement staff would like the committee to
review must be received by the committee and all other parties, including the
enforcement staff, at least ten days
prior to the hearing. It is the
responsibility of the institution, individual and enforcement staff to provide
the committee and all parties copies of any documents which will be relied on
during the discussion of the alleged violations.
·
Prior to the hearing, the Committee on
Infractions will distribute to the institution, involved individuals and
enforcement staff a list of the specific documents that comprise the record the
committee will review.
·
Subject to the approval of the committee for
good cause shown, additional documents may be submitted at the hearing,
provided copies (at least 12) are available for all in attendance.
·
The committee may also request additional
documentary evidence during the hearing or the committee’s deliberations, with
copies provided to all parties.
·
The committee chair will call the meeting to
order and introduce the members of the committee and its support staff.
·
Following introduction of the committee, the
institution will introduce its party, followed by any conference
representatives who are present and accused coaches and/or student-athletes who
are in attendance.
·
The vice-president for enforcement services will
introduce the enforcement staff last.
After introductions,
the committee chair will make several announcements, followed by opening
statements by the institution and the enforcement staff.
OPENING STATEMENTS
·
The institution, any involved individuals and a
representative from the NCAA enforcement staff are each provided an opportunity
to make an opening statement to the committee.
·
An opening statement should be brief and limited
to 15 minutes providing only general information regarding the nature of case
and the position of each party and generally should not include any specific
information that will be reviewed during the consideration of the individual
allegations.
·
A representative from the institution will first
provide an opening statement, followed by each involved individual and a
representative from the enforcement staff.
REVIEW OF THE ALLEGATIONS
·
The Committee on Infractions will review each
allegation separately, generally in the order contained in the official
inquiry.
·
It is possible that allegations will be
considered in a different order if certain individuals present at the hearing
are not named in all of the allegations and will be excused from the hearing
room when the allegations in which they are not named are discussed.
·
Because it is easier to consider similar
allegations together even though they may not appear together in the official
inquiry, the institution, any involved individual or the enforcement staff may
request that the committee review the allegations in an order different from
that contained in the official inquiry.
·
The Committee on Infractions allows all parties
to present any information relevant to the allegation and does not set time
limits on the discussion of an allegation. The purpose of the hearing is to provide each party an
opportunity to present all information that it deems important for the
committee to review in the consideration of the alleged violations.
·
For each allegation, the enforcement staff
presents a general description of the allegation and the information it
believes supports a finding of violation.
·
The institution is then provided an opportunity
to respond to the allegation. The
involved individuals who are named in allegations are also permitted to respond
to those allegations.
·
Committee members may ask questions at any time
during the discussion of an allegation.
Any institutional representative or involved party may be questioned on
any relevant issue. It is possible
that the parties will be requested to respond to questions prior to their
formal presentations.
·
If the institution, any involved individual or
the enforcement staff wishes to ask a question of another party, that question
should be directed to the committee, which will then decide if the question is
appropriate and will direct it to the appropriate individual.
·
The committee may make additional findings,
which were not contained in the official inquiry or case summary, based on the
evidence presented during the hearing.
If the committee determines additional findings may be appropriate, it
will provide the university and involved individuals an opportunity to respond
in writing and present the new information at another hearing if requested.
CLOSING STATEMENTS
·
After the discussion of all allegations
contained in the official inquiry and any additional allegations or admitted
violations contained in the case summary, the Committee on Infractions hears
closing statements from all parties.
·
The institution makes its closing statement
first, followed by each involved individual that wishes to make a closing
statement and then the enforcement staff.
·
Similar to opening statements, closing
statements are not intended to discuss the details of the alleged
violations. They provide an
opportunity for each party to summarize the discussions that occurred during
the hearing and to provide a brief statement regarding the case.
TIME FRAME FOR A
HEARING
·
When setting the date and time for the hearing,
the committee attempts to accommodate the schedule of university
representatives and involved individuals.
Any conflicts with the hearing should be communicated as soon as
possible to the administrator for the NCAA Committee on Infractions.
·
Although it is difficult to predict the exact
length of a hearing, the committee generally schedules hearings in either
half-day or one-day blocks.
·
It is important that the committee have an
opportunity to hear all of the information the institution, each involved
individual and the enforcement staff wish to present at the hearing. Should the hearing continue beyond its
anticipated ending time, the committee will make every effort to finish hearing
the case that day.
·
Breaks throughout the hearing will occur as
needed, usually lasting approximately 15 minutes, except for lunch, which will
last approximately one hour.
·
Any individual present at the hearing may leave
the room at any time or request the chair for a break.
RECORD OF THE PROCEEDINGS
·
A certified court reporter is present at all
Committee on Infractions hearings to transcribe a record of the proceedings.
·
The committee also tape records all hearings.
ROOM SET UP
Please
refer (or click) on the link for room setup at http://www.ncaa.org/enforcement/room_setup_chart.pdf.
·
The exact specifications will be modified
depending on the number of individuals present at the hearing.
·
During the hearing, the committee uses
microphones to ensure that all parties can be heard and that an accurate tape
recording is produced. [Please
note: The chair will provide
specific instructions on the use of these microphones at the beginning of the
hearing.]
·
Light refreshments and beverages will be
provided throughout the hearing at the back of the room.