SUPPLEMENT NO. 17
DIII Mgmt Council 04/07
REPORT OF THE
NCAA COMMITTEES ON INFRACTIONS
ACTION ITEMS.
a.
Issue/Subject. Modification of Bylaw 32.1.4.
(1) Recommendation. To ratify the proposed policy and procedure to make the "involved individual" definition applicable to the summary disposition process in the event that a notice of allegations has not been issued.
"32.1.4
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 III 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 "involved
individual" status during the summary disposition and expedited hearing
processes (Bylaw 32.7) prior to and sometimes absent of the issuance of a
notice of inquiry.
(4) Estimated
Budget Impact. None.
(5) Student-Athlete
Impact. None.
b.
Issue/Subject. Modification of Bylaw 32.5.1.
(1) Recommendation. To ratify the proposed policy and
procedure to make a notice of inquiry letter optional if the institution and
enforcement staff have agreed to pursue the summary disposition process.
"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.
(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) Student-Athlete
Impact. None.
Committee Chair: Jone Dowd,
Staff Liaison(s): Shep Cooper and Jim Elworth