|
DIII Proposal |
Status: Submission Process Diagram
Intent: To amend the Committee on Infractions and Enforcement
Procedures, as specified.
A. Bylaws: Amend 19, pages 199-206, as follows:
"19.01
GENERAL PRINCIPLES.
[19.01.1
through 19.01.5 unchanged.]
"19.02 Definitions and
Applications.
"19.02.1 Show-Cause Order. A show-cause order is one that
requires a member institution to demonstrate to the satisfaction of the
Committee on Infractions (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32)
why it should not be subject to a penalty (or additional penalty) for not
taking appropriate disciplinary or corrective action against an institutional
staff member or representative of the institution's athletics interests
identified by the committee as having been involved in a violation of NCAA
regulations that has been found by the committee.
[19.02.2 unchanged.]
[19.02.2.1 and 19.02.2.2 unchanged.]
[19.02.3 unchanged.]
"19.1
Committee on Infractions. The
Management Council shall appoint a Committee on Infractions, which shall be responsible
for administration of the NCAA enforcement program.
[19.1.1
unchanged.]
[19.1.1.1
through 19.1.1.4 unchanged.]
"19.1.2
Authority of Committee. Disciplinary
or corrective actions other than suspension or termination of membership may be
effected during the period between annual Conventions by members of the
Committee on Infractions present and voting at any duly called meeting thereof,
provided the call of such a meeting shall have contained notice of the
situation presenting the disciplinary problem. Actions of the committee in
cases involving major violations, however, shall be subject to review by the appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32, on appeal.
"19.1.2.1
Authority of Vice President for Enforcement and Student-Athlete Reinstatement. Upon review of information developed by
the enforcement staff or self-reported by the member institution, the
vice-president for enforcement services shall identify the charges as involving
alleged major or secondary violations, or repeated multiple
secondary violations that should be viewed as a major violation, subject to
approval by the chair or another member of the Committee on Infractions
designated by the chair. Disciplinary or corrective actions in the case of
secondary violations may be effected by the vice-president for enforcement
services, subject to approval by the chair or another member of the
Committee on Infractions designated by the chair. Said actions shall be
taken in accordance with the provisions of the enforcement policies and
procedures and shall be subject to review by the committee upon appeal.
[19.1.2.2
unchanged.]
"19.1.2.3
Authority of Infractions Appeals Committee or Division
Steering Committee. The appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32 shall hear and act upon an institution's or
involved individuals appeal of the findings and/or penalties of
major violations by the Committee on Infractions.
"19.1.3
Duties of Committee. The duties
of the Committee on Infractions shall be as follows:
[19.1.3-(a)
through 19.1.3-(c) unchanged.]
"(d) Refer
consideration of a case or any portion of a case involving disputed facts to a
hearing officer;
[19.1.3-(e)
and 19.1.3-(f) renumbered as 19.1.3-(d) and 19.1.3-(e) unchanged.]
"19.2 INDEPENDENT HEARING OFFICERS.
"19.2.1 Appointment and Duties. The Management Council shall appoint hearing officers who,
pursuant to the hearing process in major infractions cases (see Bylaw 32.7),
shall be responsible for reviewing disputed facts concerning one or more alleged
violations and present findings of fact to the Committee on Infractions and the
parties who participate in the hearing before the hearing officer.
"19.2.2 Decision to Utilize Hearing Officer. The Committee on Infractions has the
sole discretion to determine whether to utilize a hearing officer in the
infractions process. The committee may exercise this discretion only when one
or more of the following factors are present:
"(a) The committee
determines that discussion before the committee would be protracted and
counterproductive to the committee's efficient consideration of the case;
"(b) The committee
determines that use of a hearing officer would be an aid in resolving facts
that were in dispute prior to the committee's consideration of the case; or
"(c) The institution or an
individual identified in Bylaw 32.5.6 or 32.5.7 requests the use of a hearing
officer to consider the facts in dispute, and the committee determines that the
use of a hearing officer would be in the best interests of fact finding.
[19.3
renumbered as 19.2 unchanged.]
[19.3.1
renumbered as 19.2.1 unchanged.]
[19.3.1.1
through 19.3.1.3 renumbered as 19.2.1.1 through 19.2.1.3 unchanged.]
[19.2.1.3.1
unchanged.]
"19.32.1.3.2
Review by Convention. Policies
and procedures established by the Infractions Appeals Committee, per Bylaw 19.3.1.2, are subject to review and
approval by the membership at the next annual Convention Management
Council (see Constitution 5.2.3.3).
[19.4
renumbered as 19.3 unchanged.]
[19.4.1 renumbered
as 19.3.1 unchanged.]
[19.4.1.1
renumbered as 19.3.1.1 unchanged.]
"19.43.1.2 Review by Convention Management Council. Policies and procedures established by
the Committee on Infractions, per Bylaw 19.43.1, are subject
to review and approval in accordance with the legislative process.
"19.43.2 Amendment by Convention to Enforcement Procedures. The enforcement policies and procedures
set forth in Bylaw 32 may be amended in accordance with the legislative
process.
[19.5 renumbered as 19.4 unchanged.]
"19.54.1 For Major Violations. A member under investigation for
major violations shall be given the following:
[19.5.1-(a) renumbered as 19.4.1-(a)
unchanged.]
"(b) An opportunity to appear
before the Committee on Infractions (or the appropriate infractions appeals
committee per Bylaw 19.32) to answer such charges by the
production of evidence (see Bylaw 19.7.2).
[19.5.2
renumbered as 19.4.2 unchanged.]
"19.54.3 New Findings. If When an member
institution and involved individual appears before the committee to
discuss its a response to the official inquiry notice
of allegations, the hearing shall be directed toward the general scope of
the official inquiry notice of allegations but shall not preclude
the committee from finding any violation resulting from information developed
or discussed during the hearing.
[19.6 renumbered as 19.5 unchanged.]
[19.6.1 and 19.6.2 renumbered as
19.5.1 and 19.5.2 unchanged.]
[19.6.2.1 renumbered as 19.5.2.1
unchanged.]
"19.65.2.2 Disciplinary Measures. In addition to those penalties prescribed for secondary
violations, among the disciplinary measures, singly or in combination, that may
be adopted by the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32)
and imposed against an institution for major violations are:
[19.6.2.2-(a) through 19.6.2.2-(k)
renumbered as 19.5.2.2-(a) through 19.6.2.2-(k) unchanged.]
"(l) Requirement that a member
institution that has been found in violation, or that has an athletics
department staff member who has been found in violation of the provisions of
NCAA legislation while representing another institution, show cause why:
"(1) A penalty or an additional
penalty should not be imposed if, in the opinion of the committee (or the appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32), it does not take appropriate disciplinary or
corrective action against athletics department personnel involved in the infractions
case, any other institutional employee if the circumstances warrant or
representatives of the institution's athletics interests; or
"(2) A recommendation should
not be made to the membership that the institution's membership in the
Association be suspended or terminated if, in the opinion of the committee (or
the appropriate Infractions aAppeals cCommittee
per Bylaw 19.32), it does not take appropriate disciplinary or
corrective action against the head coach of the sport involved, any other institutional
employee if the circumstances warrant or representatives of the institution's
athletics interests.
"(3) "Appropriate
disciplinary or corrective action" as specified in subparagraphs (1) and
(2) above may include, for example, termination of the coaching contract of the
head coach and any assistants involved; suspension or termination of the
employment status of any other institutional employee who may be involved;
severance of relations with any representative of the institution's athletics
interests who may be involved; the debarment of the head or assistant coach
from any coaching, recruiting or speaking engagements for a specified period;
and the prohibition of all recruiting in a specified sport for a specified
period.
"(4) The nature and extent of
such action shall be the determination of the institution after due notice and
hearing to the individuals concerned, but the determination of whether or not
the action is appropriate in the fulfillment of NCAA policies and principles,
and its resulting effect on any institutional penalty, shall be solely that of
the committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.32).
"(5) Where this requirement is
made, the institution shall show cause or, in the alternative, shall show the appropriate
disciplinary or corrective action taken, in writing, to the committee (or the appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32) within 15 days thereafter. The committee (or the
appropriate Infractions aAppeals cCommittee
per Bylaw 19.32) may, without further hearing, determine on the
basis of such writing whether or not in its opinion appropriate disciplinary or
corrective action has been taken and may impose a penalty or additional
penalty; take no further action, or, by notice to the institution, conduct a
further hearing at a later date before making a final determination.
[19.6.2.2.1 renumbered as 19.5.2.2.1
unchanged.]
[19.6.2.3 renumbered as 19.5.2.3
unchanged.]
[19.6.2.3.1
renumbered as 19.5.2.3.1 unchanged.]
"19.65.2.4.1 Conditions of Probation. The committee (or the appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32) may identify possible conditions that an
institution must satisfy during a probationary period. Such conditions shall be
designed on a case-by-case basis to focus on the institution's administrative
weaknesses detected in the case and shall include, but not be limited to,
written reports from the institution pertaining to areas of concern to the
committee (or the appropriate Infractions aAppeals cCommittee per Bylaw 19.3),
in-person reviews of the institution's athletics policies and practices by the
NCAA administrator for the Committee on Infractions, implementation of
educational or deterrent programs, and audits for specific programs or teams.
If the institution fails to satisfy such conditions, the committee (or the appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32) may reconsider the penalties in the case and may
extend the probationary period and/or impose additional sanctions.
[19.6.2.4.2 renumbered as 19.5.2.4.2
unchanged.]
[19.6.2.5 through 19.6.2.8
renumbered as 19.5.2.5 through 19.5.2.8 unchanged.]
[19.6.3 renumbered as 19.5.3
unchanged.]
[19.7 renumbered as 19.6 unchanged.]
[19.7.1 renumbered as 19.6.1
unchanged.]
"19.76.2 Appeal
of Major Violations. A
member shall have the right to give written notice of appeal of the committee's
findings of major violations (subject to Bylaw 32.10.2), the penalty, or both
to the appropriate Infractions aAppeals cCommittee
per Bylaw 19.32.
"19.76.3 Appeal by an
Institutional Staff Member. If
any current or former institutional staff member participates in a hearing
(either in person or through written presentation) before the Committee on
Infractions and is involved in a finding of a violation against that
individual, the individual shall be given the opportunity to appeal any of the
findings in question (subject to the conditions of Bylaw 32.10.2) or the
committee's decision to issue a show-cause order to the appropriate Infractions
aAppeals cCommittee
per Bylaw 19.3. Under such circumstances, the individual and personal
legal counsel may appear before the appeals committee at the time it considers
the pertinent findings.
[19.7.4 renumbered as 19.6.4 unchanged.]
"19.76.4.1
Obligation of Institution to Take Appropriate Action. When the committee (or the appropriate
Infractions aAppeals cCommittee
per Bylaw 19.32) finds that there has been a violation of the
constitution or bylaws affecting the eligibility of an individual student-athlete
or student-athletes, the institution involved and its conference(s), if any,
shall be notified of the violation and the name(s) of the student-athlete(s)
involved, it being understood that if the institution fails to take appropriate
action, the involved institution shall be cited to show cause under the
Association's regular enforcement procedures why it should not be
disciplined for failure to do so a failure to abide by the conditions
and obligations of membership (declaration of ineligibility) if it permits the
student-athletes to compete."
[19.8 renumbered as 19.7 unchanged.]
B. Administrative: Amend 32, pages 269-283, as follows:
"32
Enforcement Policies and Procedures.
"32.1
COMMITTEE ON INFRACTIONS AND HEARING OFFICER -- SPECIAL OPERATING RULES.
"32.1.1 Confidentiality. The Committee on Infractions, the appropriate
Infractions aAppeals cCommittee per Bylaw
19.32, hearing officers and the enforcement staff shall
treat all cases before them as confidential until the same have been announced
in accordance with the prescribed procedures.
"32.1.2 Public
Announcements. The enforcement staff
shall not confirm or deny the existence of an infractions case prior to
complete resolution of the case through normal NCAA enforcement procedures. However,
if the involved institution makes a public announcement concerning a case, the
enforcement staff may confirm the information made public by the institution
and may correct erroneous or incomplete information about the investigation
that has been made public by the institution or an involved individual.
"32.1.3 Conflict of
Interest. Any member of the Committee
on Infractions or the appropriate Infractions aAppeals
cCommittee per Bylaw 19.3 or a hearing officer who is directly
connected with an institution under inquiry shall not take part in any NCAA
proceedings connected with the case. In addition, Committee on Infractions
members, members of the appropriate appeals committee per Bylaw 19.3 or hearing
officers with personal relationships or institutional affiliations that
reasonably would result in the appearance of prejudice should refrain from
participating in any manner in the processing of the involved institution's or
individual's infractions case shall neither appear at the hearing nor participate
on the committee when the member is directly connected with an institution
under investigation or has a personal, professional or institutional
affiliation that reasonably would result in the appearance of prejudice. It
is the responsibility of the committee member, members of the appropriate
Infractions aAppeals cCommittee per Bylaw
19.32 or a hearing officer to remove himself or
herself if a conflict exists. Objections to the participation of a committee
member or the appropriate Infractions aAppeals cCommittee
member per Bylaw 19.32 should be raised as soon as recognized,
but will not be considered unless raised at least one week in advance of the
affected hearing.
[32.1.4 unchanged.]
"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 involvement in alleged
violations through a notice of allegations 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 III Committee on Infractions.
"32.2 PRELIMINARY REVIEW OF
INFORMATION
"32.2.1 Submission of
Allegations Enforcement Staff to Receive Complaints and Conduct
Investigations. All allegations
and complaints relative to a member failure to maintain the academic or
athletics standards required for membership, the member's violation of the
legislation or regulations of the Association, or the member's failure
otherwise to meet the conditions and obligations of membership shall be
received by the committee, or the Association's president and channeled to the
NCAA enforcement staff. It is
the responsibility of the NCAA enforcement staff to conduct investigations
relative to a member institution's failure to comply with NCAA legislation or
to meet the conditions and obligations of membership. Information that an institution failed to meet these obligations
shall be provided to the enforcement staff and, if received by the committee or
Association's president, will be channeled to the enforcement staff.
"32.2.1.1 Staff Initiation of
Investigation. The enforcement staff
may initiate an investigation on its own motion when it receives information
has reasonable cause to believe that an member institution
is or has been in violation of its obligations as a member of the
Association NCAA legislation.
[32.2.1.2 unchanged.]
[32.2.2 unchanged.]
[32.2.2.1 unchanged.]
"32.2.2.1.1 Basic Information
Gathering. The enforcement staff has a responsibility
to engage in gather basic information gathering regarding
possible violations and, in doing so, may contact individuals to solicit
information concerning possible violations. If substantial
information concerning indicating a potential NCAA violation believed
to be from reliable sources is developed, the procedures
provided in Bylaw 32.2.2.3 (Preliminary Inquiry) 32.5 (Notice of
Inquiry) are undertaken.
"32.2.2.1.2 Identification
of Major/Secondary Violation. The
enforcement staff shall identify information developed by it or self-reported
by the member institution involving alleged major or secondary violations (as
defined in Bylaw 19.02.2).
"32.2.2.1.23
Matters Handled by Correspondence.
Matters that clearly are isolated and of relative insignificance secondary
in nature should be handled promptly by correspondence with the involved
institution.
"32.2.2.1.3 Investigation
Decision. When information has been
obtained indicating that a violation has occurred and that the violation
appears to indicate intentional wrongdoing, a significant competitive
advantage, or that false or misleading information has been reported to the
involved institution or to the NCAA, the matter may be assigned to an
enforcement representative for investigation.
"32.2.2.1.4 Timely
Process. The enforcement staff shall
make reasonable efforts to process infractions matters in a timely manner.
"32.2.2.1.5 Consultation
with Committee. If questions arise
concerning investigative procedures during the course of an investigation, the
chair (or the full committee, if necessary) may be consulted by the enforcement
staff.
"32.2.2.2
Identification of Major/Secondary Violation. Upon review of information
developed by the enforcement staff or self-reported by the member institution,
the enforcement staff shall identify the charges as involving alleged major or
secondary violations (as defined in Bylaw 19.02.2), subject to approval by the
chair or another member of the Committee on Infractions designated by the chair.
"32.2.2.3 Preliminary
Inquiry. The enforcement staff, so far
as practicable, shall make a thorough investigation of all charges that are
received from responsible sources and that are reasonably substantial. The enforcement
staff may conduct a preliminary inquiry for a reasonable period of time to
determine whether there is adequate evidence to warrant an official inquiry;
and in conducting this inquiry, the services of an enforcement representative
may be used.
"32.2.2.4 Notice to Institution. The
enforcement staff shall submit a letter to the chief executive officer to
notify a member institution of preliminary inquiries into its athletics
policies and practices when information has been developed to indicate that
violations of the Association's governing legislation may have occurred that
will require further in-person investigation. Such a letter shall advise the
chief executive officer that the enforcement staff will be undertaking a
preliminary investigation, that the investigation will be conducted under the
direction of the vice-president for enforcement services and that members of
the enforcement staff wish to meet with the chief executive officer to discuss
the nature of the investigation and to deliver a more complete notice of
preliminary inquiry in person. The notice shall state that in the event the
allegations appear to be of a substantial nature, an official inquiry may be
filed in accordance with the provisions of Bylaw 32.5 or, in the alternative,
the institution will be notified that the matter has been closed. Whenever
possible, the notice also shall contain the following information regarding the
nature of the potential violations:
"(a)
The involved sport;
"(b)
The approximate time period during which the alleged violations occurred;
"(c)
The identity of 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 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 and 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 obligation of the institution to cooperate in the
case.
"32.2.2.4.1
Status Notification within Six Months. During the period of the
preliminary inquiry, the enforcement staff shall inform the involved
institution of the general status of the inquiry not later than six months
after the institution's chief executive officer receives the notice of
preliminary inquiry from the enforcement staff representatives.
"32.2.2.4.2
Review after One Year. If the inquiry
has not been processed to conclusion within one year of the date that the
institution's chief executive officer receives the notice of preliminary
inquiry from enforcement staff representatives, the enforcement staff shall
review the status of the case with the Committee on Infractions. The committee
shall determine whether further investigation is warranted, and its decision
shall be forwarded to the involved institution in writing. If the investigation
is continued, additional status reports shall be provided to the institution in
writing at least every six months thereafter, until the matter is concluded.
[32.2.2.5 renumbered as 32.2.2.3
unchanged]
"32.3 INVESTIGATIVE PROCEDURES.
[32.3.1 unchanged.]
"32.3.1.1 Consultation with
Committee. If questions arise
concerning investigative procedures during the course of an investigation, the
chair (or the full committee, if necessary) may be consulted by the enforcement
staff.
"32.3.2 Coordination with
Member Conference. The enforcement
staff shall attempt to coordinate the processing of infractions cases with the involved
member conference unless it would hinder the development of the NCAA
investigation to do so. Timely
Process. The enforcement staff shall
make reasonable efforts to process infractions matters in a timely manner.
"32.3.3 Conflict of
Interest. Any enforcement staff member
who has or had a personal relationship or institutional affiliation that
reasonably would result in the appearance of prejudice should refrain from
participating in any manner in the processing of the involved institution's or individual's
infractions case.
"32.3.34 Interviews
with Member Institution. The athletics
director or other appropriate official of an institution shall be contacted by
the enforcement staff in order to schedule interviews on the institution's
campus with enrolled student-athletes or with, coaching staff members or
other institutional staff member with athletically related responsibilities or
oversight who are involved in possible violations at the institution.
"32.3.34.1 Presence
of Institutional Representative during Interview. If an interview with an enrolled student-athlete or athletics
department staff member is conducted on the campus of a member institution, an
institutional representative(s) (as designated by the institution) will
be permitted to be present during the interview, provided the subject matter to
be discussed in the interview relates directly to the individual's institution
or could affect the individual's eligibility or employment at the institution.
If the investigator wishes to discuss information with a student-athlete or
staff member that is related solely to institutions other than the one in which
the student-athlete is enrolled or staff member is employed and that would not
reasonably affect the student's eligibility or the staff member's employment,
the institutional representative shall not be present during that portion of
the interview. In such a situation (after the institutional representative has
departed), any information inadvertently reported by the student-athlete or the
staff member that is related to his or her own institution shall not be
utilized against the student-athlete staff member or that institution.
"32.3.34.2
Conflict with Academic Schedule. If
possible, such interviews should be conducted without disrupting the
normally scheduled academic activities of the student-athlete.
[32.3.4 and 32.3.5 renumbered as
32.3.5 and 32.3.6 unchanged.]
"32.3.67
Disclosure of Purpose of Interview.
When an enforcement representative requests information that could be
detrimental to the interests of the student-athlete or institutional employee
being interviewed, that individual shall be advised that the purpose of the
interview is to determine whether the individual has been involved directly or
indirectly in any violation of NCAA legislation. Prior to alleging that
an interview arranged or initiated by the enforcement staff, a
student-athlete or staff member has violated NCAA ethical-conduct
legislation, the individual shall be advised that if the individual has
violated the NCAA's ethical conduct legislation such an allegation may be
forthcoming based upon the individual's:
"(a) Involvement in violations;
"(b)
Refusal to furnish information relevant to investigation of a possible
violation when requested by the NCAA or by the institution; or
"(c)
Provision of false or misleading information to the NCAA, conference or
institution concerning the individual's knowledge of or involvement in a
violation.
"32.3.78
Limited Immunity. At the request of the
enforcement staff, the committee may grant limited immunity to a
student-athlete who provides information when such individual otherwise might
be declared ineligible for intercollegiate competition based on the information
that he or she reports and an institutional employee with responsibilities
related to athletics when such an individual otherwise would be subject to
disciplinary action as described in Bylaws 19.6.1-(c) and 19.6.2.2-(l) based
upon the information that individual reports. Such immunity shall not apply to
the individual's involvement in violations of NCAA regulations not reported or
to future involvement in violations of NCAA legislation by the individual or
to any actions that an institution imposes. In any case, such immunity
shall not be granted unless the individual voluntarily provides
information not otherwise available to the enforcement staff when no
previous information has been developed that would jeopardize the individual
The granting of limited immunity does not exempt an individual from any action
that an institution imposes.
[32.3.8 renumbered as 32.3.9
unchanged.]
[32.3.8.1 renumbered as 32.3.9.1
unchanged.]
"32.3.89.1.1
Access to Tape Recordings. Both the enforcement
staff and the individual being interviewed may record the interview or the
individual may receive a copy of the recording at minimal cost, subject
to the confidentiality provisions of 32.3.8.3 Bylaw 32.3.9.2.
Copies of recorded interview summaries and any report or transcript
prepared by the enforcement staff are confidential and shall not be provided to
individuals (and their institutions) who may be involved in reporting
information during the processing of an infractions case except as set forth in
32.3.9 and 32.5.4 Bylaw 32.6.4.
[32.3.8.1.2 renumbered as 32.3.9.1.2
unchanged.]
"32.3.9.1.3 Use of Court
Reporters. Institutional
representatives or individuals being interviewed may use a court reporter to
transcribe and interview subject to the following conditions. The institution
or individual shall:
"(a) Pay the court reporter's fees;
"(b) Provide a copy of the transcript to the enforcement staff at no
charge; and
"(c) Agree that the confidentiality standards of Bylaw 32.3.9.1.4 apply.
"An institutional representative or individual who chooses to utilize a
court reporter shall submit a written notice of agreement with the required
conditions to the enforcement staff prior to the interview on a form approved
by the Committee on Infractions. If the enforcement staff chooses to use a
court reporter, the NCAA will pay all costs of the reporter. A copy of the
transcript prepared by the court reporter for the enforcement staff shall be
made available to the institution and the involved individuals.
"32.3.9.1.4 Statement of
Confidentiality. Individuals and
institutional representatives shall be required to agree not to release tape
recordings or interview transcripts to a third party. A statement of
confidentiality shall be signed or recorded prior to an interview. Failure to
enter into such an agreement would preclude the individual or institutional
representative from recording or transcribing the interview.
"32.3.89.2
Non-Recorded Interviews. When an
interview is not tape-recorded or in circumstances when the recording device
malfunctioned, the enforcement staff shall prepare a memorandum
summarizing the interview written summary of the information
and attempt to obtain a signed affirmation of its accuracy from the
interviewee. The interviewee shall be permitted to make additions or
corrections to the memorandum before affirming its accuracy. However, testimony
as to the substance of an unrecorded interview for which a signed affirmation
was not obtained may nevertheless be considered by an Infractions Committee to
the extent the committee determines the testimony to be reliable.
32.3.89.2.1
Confidentiality of Non-Recorded Interview Documents. Copies of non-recorded interview
summaries and any report prepared by the enforcement staff are confidential and
shall not be provided to individuals (or their institutions) who may be
involved in reporting information during the processing of an infractions case
except as set forth in 32.3.9 and 32.5.4 Bylaws 32.3.10 and
32.6.4.
"32.3.8.2.2 Statement of
Confidentiality. Individuals and institutional representatives shall be
required to agree not to release tape recordings or interview transcripts to a
third party. A statement of confidentiality shall be signed or recorded prior
to an interview. Failure to enter into such an agreement would preclude the
individual or institutional representative from recording or transcribing the
interview.
"32.3.8.2.3 Handwritten
Notes. It shall be permissible for all individuals
involved in interviews conducted by the enforcement staff to take handwritten
notes of the proceedings.
"32.3.8.2.4 Use of Court
Reporters. Institutional representatives or
individuals being interviewed may use a court reporter to transcribe and
interview subject to the following conditions. The institution or individual
shall:
"(a) Pay the court
reporter's fees;
"(b) Provide a copy of the
transcript to the enforcement staff at no charge; and
"(c) Agree that
the confidentiality standards of Bylaw 32.3.8.2.2 apply.
An institutional representative or individual who chooses to utilize a court reporter shall submit a written notice of agreement with the required conditions to the enforcement staff prior to the interview on a form approved by the Committee on Infractions. If the enforcement staff chooses to use a court reporter, the NCAA will pay all costs of the reporter. A copy of the transcript prepared by the court reporter for the enforcement staff shall be made available to the institution and the affected involved individuals at the NCAA offices or at a custodial site as provided for in Bylaw 32.5.4.
"32.3.9.3 Handwritten
Notes. It shall be permissible for all
individuals involved in interviews conducted by the enforcement staff to take
handwritten notes of the proceedings.
"32.3.910 Enforcement
Staff's Responsibility to Maintain a Case File and Access to Information to
be Used in Presentation of Case. Copies
of tape-recorded interviews, documents, including
copies of nonrecorded interviews all interview summaries and/or
interview transcripts and other evidentiary information pertinent to
an infractions case, shall be retained on file at the national office.
Information to be used in the presentation of a case by the enforcement staff may be reviewed in the national
office or at the site of a custodial agent in accordance with the provisions of
32.5.4 Bylaw 32.6.4.
"32.3.1112
Failure to Cooperate. In the event that
a representative of a member institution refuses to submit relevant information
to the committee or the enforcement staff upon request, an official
notice of inquiry may be filed with the institution alleging a violation
of the cooperative principles of the NCAA bylaws and enforcement procedures.
Institutional representatives and the involved individual may be
requested to appear before the committee at the time the allegation is
considered.
"32.3.12 Termination of
Investigation. The enforcement staff shall terminate the investigation
related to any preliminary inquiry in which information is developed that does
not appear to be of sufficient substance or reliability to warrant an official
inquiry, it being understood that the committee shall review each such
decision.
"32.3.1213
Authorization of Meeting with Chief Executive Officer. The committee may authorize an
The enforcement staff member to may meet personally with
the chief executive officer or a designated representative of the involved
institution to discuss the allegations investigated and information developed
by the NCAA in a case that has been terminated.
"32.4 PROCESSING INFORMATION
FOR SECONDARY VIOLATIONS.
"32.4.1 Review of Institution
or Conference Actions or Penalties in Secondary Cases. If the Committee on Infractions or the
enforcement staff, after review of institutional or conference actions taken in
connection with a rules infraction in secondary cases, concludes that the
corrective or punitive actions measures taken by the institution
or conference is representative of and consistent with NCAA policies
and principles subject to approval by the chair or another member of the
Committee on Infractions designated by the chair, may exercise the
discretion to are sufficient, the committee or the enforcement staff, may
accept the self-imposed measures and take no further action. Failure to fully implement the self-imposed
measures may subject the institution to further disciplinary action by the
NCAA.
"32.4.1.1 Sufficient Actions. Institutional or conference actions that
are accepted by the NCAA is sufficient in secondary cases will be announced in
the NCAA News in summary fashion only.
If the NCAA adopts (rather than accepts), a penalty and reserves
jurisdiction to ensure that the actions are implemented fully, such adopted
penalties will be publicly announced.
"32.4.1.21
Insufficient Actions. If the
institutional or conference actions appear to be insufficient, the enforcement
staff shall notify the institution of the proposed additional penalties
in a secondary case. (after review with a committee member) or shall process
as a major case.
"32.4.2 Action Taken by
Enforcement Staff (Non-Institution or Conference). If the enforcement staff, after consideration of
reviewing the information that has been developed and after consulting with
the member institution involved, determines that a secondary violation has
occurred, the enforcement staff, upon approval by the chair or another
member of the Committee on Infractions designated by chair, may determine
that no penalty is warranted or if appropriate, require one or more of the
alternatives set forth in NCAA Bylaw 19.6.1 impose an appropriate
penalty (see Bylaw 19.6.1).
"32.4.3.1 Report to
Committee. Any action taken by the
enforcement staff, upon approval by the chair or another member of the
Committee on Infractions designated by the chair, either not to impose a
penalty when a violation has occurred or to take disciplinary action that is
not appealed by the institution, will be reported to the Committee on Infractions.
"32.4.3.2 Publication in the
NCAA News. Such disciplinary or
corrective actions taken by the enforcement staff or by the Committee on
Infractions in cases involving secondary violations shall be published in the
NCAA News.
"32.4.4 Appeal of Secondary Cases. To appeal penalties that have been
imposed in secondary cases, an institution may request an opportunity for a
personal appearance, either by sending representatives to appear before the
committee or by having representatives participate in a telephone conference
call. If an institution does not request an opportunity for a personal
appearance, the committee will review the institution's appeal on the basis of
the written record An institution may appeal penalties imposed by the
enforcement staff for a secondary violation by submitting a written notice of
appeal to the Committee on Infractions.
The committee must receive the written notice of appeal and any
supporting information within 30 days of the date the institution receives the
enforcement staff's decision. An
institution may request the opportunity to appear in person or through
participation in a telephone conference call.
If no such request is made, or if the request is denied, the committee
will review the institution's appeal on the basis of the written record.
"32.5 NOTICE OF INQUIRY.
"32.5.1 Notice to
Institution. If the enforcement staff
has developed reasonably reliable information indicating that an institution has been in violations 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 chief executive officer.
Such notification shall advise the chief executive officer 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
chief executive officer 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, 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 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 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 and 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 obligation of the institution to cooperate in the case.
"32.5.1.1 Status
Notification within Six Months. The
enforcement staff shall inform the involved institution of the general status of
the inquiry within six months of the date after the chief executive officer
receives the notice of inquiry from the enforcement staff.
"32.5.1.2 Review after One
Year. If the inquiry has not been
processed to conclusion within one year of the date that the chief executive
officer receives the notice of inquiry from the enforcement staff, the staff
shall review the status of the case with the Committee on Infractions. The committee shall determine whether
further investigation is warranted, and its decision shall be forwarded to the
involved institution in writing. If the investigation is continued, additional
status reports shall be provided to the institution in writing at least every
six months thereafter, until the matter is concluded.
"32.5.2 Termination of
Investigation. The enforcement staff
shall terminate the investigation related to any notice of inquiry in which
information is developed that does not appear to be of sufficient substance or
reliability to warrant a notice of allegations, it being understood that the
committee shall review each such decision.
"32.6 NOTICE OF ALLEGATIONS
"32.56.1 Letter
to Notice to Chief Executive Officer. If When the enforcement staff determines that the
available there is sufficient information reasonably indicates
that a major violation occurred, it shall initiate an official inquiry,
and to warrant, it shall issue direct a cover letter and
notice of allegations to the chief executive officer of the member
institution involved (with copies to the faculty athletics representative and
the athletics director of the member and to the executive officer of the
conference of which the institution is a member). Fully informing the chief executive of the matter under
inquiry and requesting cooperation to the end that the may be
discovered.
"32.5.1.1 Request for
Disclosure/Appearance. By this letter,
the chief executive officer of the member involved shall be requested to
disclose all relevant information, and the letter may require the appearance of
the chief executive or a designated representative before the committee at a
time and place that are mutually convenient,.
if such appearance is deemed necessary.
If a member declines to meet with the committee after having been
requested to do so, the member shall not have the right to appeal either the
committee's findings of facts and violations or the resultant penalty.
"32.5.1.2 Identification of
Allegations. An official inquiry shall include a statement of the NCAA
regulations alleged to have been violated, as well as the details of each
allegation that in the judgment of the enforcement staff can be supported by
sufficient information to reasonably expect that the Committee on Infractions
will find the violation to have occurred.
"32.6.1.1 Contents of the Notice of Allegations cover
letter. The cover letter accompanying
each notice of allegation shall:
"(a) Inform the
chief executive officer of the matter under inquiry and request the cooperation
of the institution in obtaining all the pertinent facts and provide specific
information on how to investigate the allegation.
"(b) Request the
chief executive officer to respond to the allegations and to provide all
relevant information which the institution has or may reasonably obtain,
including information uncovered related to new violations. The responsibility
to provide information continues until the case has been concluded.
"(c) Request the
chief executive officer and other institutional staff to appear before the
committee at a time and place determined by the committee.
"(d) Inform the
chief executive officer that if the institution fails to appear after having
been requested to do so, it may not appeal the committee's findings of fact and
violations, or the resultant penalty.
"(e) Direct the
institution to provide any present or former institutional staff member(s) who
were notified in writing of an allegation in which they were named by the
enforcement staff as noted in Bylaw 32.6.2, any present or former
student-athletes whose eligibility could be affected based on involvement in an
alleged violation, the opportunity to submit in writing any information the
individual desires that is relevant to the allegation in question.
"(f) Inform the
chief executive officer that the enforcement staff's primary investigator in
the case will be available to discuss the development of its response and
assist in locating various individuals who have, or may have, important
information regarding the allegations.
"32.6.1.1.1
Enforcement Staff Basis for Allegation.
The enforcement staff shall allege a violation when it believes there is
sufficient information to conclude that the committee on infractions could make
a finding.
"32.6.1.2
Contents of Notice of Allegations. The
notice shall list the NCAA regulations alleged to have been violated, as well
as the details of each allegation.
"32.6.2
Notification by Enforcement Staff. The
enforcement staff shall notify athletics department staff members and
student-athletes at member institutions (including the institution under
inquiry) whose employment or eligibility could be affected, of the allegations
in a notice of allegations in which they are named. A copy of such notification
shall be forwarded to the chief executive officer of the institution that
employs the staff member or in which the student is enrolled. All such
individuals may submit responses to the Committee on Infractions, and the
institution under inquiry shall provide a copy of pertinent portions of its response
to each individual who will attend the committee's hearing in the case.
Involved individuals who have submitted a response must also share their
response with the involved institutions or other involved individuals as
necessary. The enforcement staff shall notify those athletics department staff
members named in the notice of allegation who may be subject to the show-cause
requirements from the committee if violations are found in which they are
named.
"32.56.23
Statute of Limitations. Allegations
included in a letter of official inquiry notice of allegations
shall be limited to possible violations occurring not earlier than four years
before the date the notice of preliminary inquiry inquiry is
forwarded to the institution or the date the institution notifies (or, if
earlier, should have notified) the enforcement staff of its inquiries into the
matter. However, the following shall not be subject to the four-year
limitation:
"(a) Allegations involving violations
affecting the eligibility of a current student-athlete;
"(b) Allegations in a case in which
information is developed to indicate a pattern of willful violations on the
part of the institution or individual involved, which began before but
continued into the four-year period; and
"(c) Allegations that indicate a
blatant disregard for the Association's fundamental recruiting, extra-benefit,
academic or ethical-conduct regulations or that involve an effort to conceal
the occurrence of the violation. In such cases, the enforcement staff shall have
a one-year period after the date information concerning the matter becomes
available to the NCAA to investigate and submit to the institution an official
inquiry concerning the matter.
"32.5.3
Availability of Primary Investigator.
Subsequent to the filing of an official inquiry in an infractions case,
the primary investigator in the case shall be available to assist the involved
institution for purposes such as meeting with the institution to discuss the
development of its response and assisting in locating various principals in the
case.
"32.56.4
Disclosure of Information. Within
30 days following of the date that the of an official
inquiry notice of allegations has been forwarded to the member
institution in an infractions case, the enforcement staff shall make
available to the member institution and to the involved individuals reasonable
access to all pertinent evidentiary materials as described in Bylaw 32.3.10,
including tape recordings of interviews and documents, upon which the inquiry
is based. Requests for access to such evidentiary materials shall be
delivered to the enforcement staff. The staff shall be responsible for
maintaining custody of all of the evidentiary materials. The staff shall
provide access to these materials at the NCAA national office or at custodial
sites reasonably near the involved institution or the involved individuals. If
information is developed subsequent to the 30-day period, the enforcement staff
shall notify the involved institution and involved individuals of its
availability. Requests for access to the new information shall be delivered
to the enforcement staff. The staff
shall be responsible for maintaining custody at the national office or a
custodian. The same procedure for requesting access to these materials
shall be followed.
"32.5.5 Determination of Meeting
Date. The Committee on Infractions shall set the dates and times for all
hearings before the committee. Reasonable effort will be made to schedule the
hearings at convenient times and places for the involved institutions and
individuals. The committee shall notify all relevant parties of the hearing
date and site.
"32.5.6
Contents of Official Inquiry Cover Letter. The cover letter accompanying each
official inquiry shall contain notification that the institution is requested
to:
"(a) Read each allegation involving a present or
former institutional staff member, or a prospective, present or former
student-athlete whose eligibility could be affected based on involvement in the
alleged violation, to the identified individual;
"(b)
Provide that individual the opportunity to submit in writing and orally any
information the individual desires that is relevant to the allegation in
question; and
"(c)
Notify the individual in person, as well as in writing, that the individual and
personal legal counsel (if any) may appear before the committee at the time it
considers each allegation in which the individual is involved.
"32.5.7 Notification by Enforcement Staff.
The enforcement staff shall notify athletics department staff members and
student-athletes at member institutions whose employment or eligibility could
be affected, of the allegations in an official inquiry in which they are named.
A copy of such notification shall be forwarded to the chief executive officer
of the institution that employs the staff member or in which the student is
enrolled. All such individuals may submit responses to the Committee on
Infractions, and the institution under inquiry shall provide a copy of
pertinent portions of its response to each individual who will attend the
committee's hearing in the case. The enforcement staff also shall notify
those athletics department staff members named in the official inquiry who no
longer are employed at a member institution and may be subject to the
show-cause requirements from the committee if violations are found in which
they are named.
"32.5.8
Obligation to Provide Full Information. A member that is subject to official
inquiry shall collect all information available to it concerning the
allegations set forth in the inquiry.
At any appearance before the committee, the member and the enforcement
staff shall have the obligation of providing full information concerning each
allegation (i.e., information that would corroborate or refute each
allegation).
"32.56.95
Deadline for Institutional Response.
The institution's response to the official inquiry shall be on file with
members of the committee and the enforcement department within 90 days of the
institution's receipt of the inquiry, unless the committee grants an extension.
An institution or involved individual may not submit additional
documentary evidence (in addition to its initial response) at that meeting
without prior authorization from the committee (see Bylaw 32.6.8 for
additional instructions regarding information submitted to the Committee on
Infractions).
"32.56.106
Prehearing Conference. Within 30 days of
an institution's submission of its written response to an official inquiry, in
a case involving an alleged major violation, the enforcement staff shall
consult with institutional representatives and other involved individuals
who will attend the hearing in order to clarify the issues to be
discussed in the case during the hearing, make suggestions regarding additional
investigation or interviews that should be conducted by the institution to
supplement its response and identify allegations that the staff intends to
withdraw. The enforcement staff
shall conduct independent prehearings with the institution and/or any involved
individuals, unless mutually agreed by all parties to do otherwise.
[32.5.10.1 renumbered as 32.6.6.1
unchanged.]
"32.56.117
NCAA Enforcement Staff Summary Case Statement.
Not later than 14 days prior to the date of the institution's
appearance, tThe enforcement staff shall prepare a summary statement
of the case that indicates the status of each allegation and identifies the
individuals upon whom and the information upon which the staff will rely in
presenting the case. This Within 14 days prior to the hearing, the
staff summary shall be provided to the members of the Committee on
Infractions and to representatives of the institution. and Involved
individuals will be provided those portions of the summary in which they are
identified as at risk prior to the hearing. The committee may waive
this 14-day period for good cause shown.
"32.56.128
Deadline for Submission of Written Material. Unless specifically approved by the Committee on Infractions for
good cause shown, all written material to be considered by the committee at
the infractions hearing must be received by the committee, enforcement staff,
institution and any involved individuals attending the hearing at
least no later than 10 days prior to the date of the hearing.
Evidence may be submitted at the hearing; but subject to the limitations set
forth in Bylaw 32.7.5.58.7.4.
[32.6 renumbered as 32.7 unchanged.]
"32.78 COMMITTEE ON INFRACTIONS AND HEARINGS
"32.7.1
Limitations on Presentation of Staff Evidence.
In major cases requiring an institutional hearing before the committee,
specific information and evidence developed by the staff related to alleged
violations of NCAA regulations shall not be presented to the committee prior to
the institution's appearance, except as provided in these procedures.
"32.7.2
Opportunity to Appear before the Committee.
A member that is subject to official inquiry shall be given, upon its
request, the opportunity to have representatives appear before the committee.
"32.7.3
Notification of Hearing Procedures. An
institution shall be advised in writing prior to its appearance before the committee
of the general procedures to be followed during the hearing. Such notification
shall contain a specific reference to Bylaw 32.7 and shall indicate that, as a
general rule, the discussion during the hearing will follow the numbering of
the allegations in the official inquiry.
"32.8.1
Committee Authority. The Committee on
Infractions shall hold a hearing to determine the existence of the alleged
violation of NCAA regulations and to impose any appropriate penalties.
"32.8.2
Determination of Meeting Date. The
Committee on Infractions shall set the dates and times for all hearings before
the committee. The committee shall
notify all relevant parties of the hearing date and site.
"32.8.3 Limitations on Presentation of Staff Evidence. In major cases requiring an institutional
hearing before the committee or when processing a case through means of a
summary disposition, specific information and evidence developed by the staff
related to alleged violations of NCAA regulations shall not be presented to the
committee prior to the institution's appearance, except as provided in these
procedures.
"32.8.4 Obligation to Provide Full
Information. At any appearance before
the Committee on Infractions, the involved member institution and the
enforcement staff, to the extent reasonably possible, have the obligation to
ensure that the committee has benefit of full information concerning each
allegation, whether such information corroborates or refutes an allegation.
"32.8.5 Notification of Hearing
Procedures. An institution and involved
individuals shall be advised in writing prior to an appearance before the
committee of the general procedures to be followed during the hearing. Such
notification shall contain a specific reference to Bylaw 32.8 and shall
indicate that, as a general rule, the discussion during the hearing will follow
the numbering of the allegations in the official inquiry.
[32.7.4 renumbered as 32.8.6
unchanged.]
[32.7.4.1 renumbered as 32.8.6.1
unchanged.]
"32.78.46.2
Attendance at Hearings. At the time the
institution appears before the committee, its representatives may include
officials of the institution, the institution's legal counsel, the individuals
identified in Bylaws 32.5.6 and 32.5.7 and other enrolled student-athletes
whose eligibility could be affected by information developed by the institution
in conjunction with preparation of its response to an official inquiry. In any
major case, such representatives should include the institution's chief
executive officer or a designated representative outside the athletics
department, as well as the head coach of the sport in question, the
institution's legal counsel, enrolled student-athletes whose eligibility could
be affected by information presented at the hearing and any other
representatives whose attendance has been requested by the committee. Additional individuals may be included among
the institution's party only if specifically approved to be present by the
committee. An individual who appears before the committee may appear with
personal legal counsel., and no additional individuals may be included
among the institution's representatives during an institutional hearing unless
specifically requested to be present by the committee. In accordance with Bylaw
32.7.4.1, the committee may request that other individuals be present during
the hearing.
[32.7.4.3 renumbered as 32.8.6.3
unchanged.]
"32.78.46.3.1
Exclusions Requested by the Institution.
At Tthe request of the institution, the
committee may request that an individual be excluded an individual
from certain portions of the hearing when the matters to be discussed are
not those in which the individual is at risk, subject to approval by the
committee. When an individual is excluded from the hearing room for a
period of time, it shall be with the understanding that matters discussed in
the hearing during that time will not relate to that individual.
[32.7.4.3.2 renumbered as 32.8.6.3.2
unchanged.]
"32.78.46.4
Representation of Member Conference.
[Former Bylaw 32.7.4.4] The executive
officer or other representative of a member conference's executive office may
attend an institutional hearing involving a conference member.,
subject to approval of the involved institution.
[32.7.4.5 and 32.7.4.6 renumbered as
32.8.6.5 and 32.8.6.6 unchanged]
[32.7.5 renumbered as 32.8.7
unchanged.]
"32.7.5.1 Case Summary. The
summary case statement required by Bylaw 32.5.12 shall be distributed to
individuals in attendance as an aid in following the discussion of each
allegation during the hearing. Individuals who attend only a portion of the
hearing will receive only those parts of the case summary that are relevant to
their participation in the hearing.
"32.78.57.21
Opening and Closing Statements. At
the outset of the hearing, a representative of the institution shall make an
opening statement, followed by an opening statement from any involved
individual and by a representative of the enforcement staff. The contents
of such a statement should not relate to the substance of the specific items contained
in the official inquiry. Statements concerning the nature or theory of the case
are encouraged. An institutional representative and involved individuals also
may make a closing statement at the conclusion of the hearing, followed by a
closing statement by a representative of the enforcement staff.
[32.7.5.3 renumbered as 32.8.7.2
unchanged.]
"32.78.57.43
Institutional or Involved Individual's Presentation. The member institution and involved
individual then will present its their explanation of the
alleged violations and questionable practices and any other arguments or
information that it deemed appropriate in the committee's consideration
of the case.
[32.7.5.5 renumbered as 32.8.7.4
unchanged.]
[32.7.5.5.1 renumbered as 32.8.7.4.1
unchanged.]
"32.78.57.54.2
Information Concerning Mitigating Factors.
Institutional, conference and enforcement staff representatives and
any involved individuals are encouraged to present all relevant information
concerning mitigating or other factors that should be considered in arriving at
appropriate penalties.
"32.78.57.65
Scope of Inquiry. If a member
institution appears before the committee to discuss its response to the
official inquiry, the hearing shall be directed toward the general scope of
the official inquiry allegations set forth in the notice
of allegations but shall not preclude the committee from finding any
violation resulting from information developed or discussed during the hearing.
[32.7.5.7 renumbered as 32.8.7.6
unchanged.]
"32.78.57.87 Recording of Proceedings. The proceedings of institutional hearings shall be recorded by a court reporter (unless otherwise agreed) and shall be tape-recorded by the committee. No additional verbatim recording of these proceedings will be permitted by the committee. The Committee on Infractions shall maintain custody of the tape recordings and any transcripti