overturns the unofficial visitor restriction
Bowl ban upheld
From Ole Miss:
Today, the NCAA released the Infractions Appeals Committee (IAC) decision, bringing the nearly six-year process to an end. The university prevailed in its appeal of the most onerous sanction, the penalty restricting unofficial visits. According to the IAC, “the Committee on Infractions (COI) abused its discretion when prescribing penalty VII.5.c [unofficial visit restrictions] in that it was based in significant part on one or more irrelevant or improper factors.” The IAC overturned the penalty entirely, clearing the way for the football program to move forward and continue recruiting at a high level.
While we are pleased by the IAC’s finding that the COI abused its discretion with respect to the unofficial visit penalty, we remain disappointed by the remainder of the ruling, which upheld a 2018 postseason ban and findings of lack of institutional control and recruiting inducements.
As the recent Commission on College Basketball (Rice Commission) report outlined, the NCAA enforcement model is “broken” and ill-equipped to handle complex cases, and we believe our case was adversely impacted because of it. In the early part of the investigation, our cooperation with the enforcement staff allowed us to contain the case to allegations that were based on credible and persuasive evidence instead of speculation and rumor. However, in April 2016, unbeknownst to us, the enforcement staff shifted and excluded us from the investigation for several months. The results of this shift spawned allegations based on inconsistent testimony by individuals with clear motives and conflicts of interest. In fact, the IAC found that various witness accounts “could have led a reasonably prudent person to a different interpretation of the facts.”
Even with recent changes to the enforcement process recommended in the Rice Commission report, inequities will persist, and ironically, institutions will be at a further disadvantage to contest allegations that they believe are not based on facts. In addition, every institution that has decades-old cases should remain alarmed over this decision and skeptical about the discretion afforded the COI. If the COI can “accord significant weight” to prior cases from a 30-year time frame when prescribing penalties, then no program will ever get a clean slate. We are troubled that the IAC, in its written decision, ignored this overreach by the COI. All of this suggests that additional NCAA reforms are needed, and we will be a leader in that effort.
Throughout the NCAA enforcement process, we accepted responsibility for violations of NCAA bylaws that were grounded in fact, and we took meaningful corrective action and self-imposed harsh sanctions. However, when allegations not grounded in fact were presented, we vigorously defended our great university.
As leaders at the University of Mississippi, we are sorry for what the Ole Miss family has endured throughout this long, arduous process. As the state’s flagship university, our resolve has been tested many times in our history, and we have prevailed by staying true to our core values combined with the amazing support of the Ole Miss family. This challenge will not define us, and we will be stronger because of it.
This ordeal is now over. Our attention must now be on the present and the future of our football program, and we are calling on the Ole Miss family to help finish this season strong. With the freedom to recruit and promote all that the University of Mississippi has to offer, Coach Luke and his staff will keep building on the momentum we have in our program.
Bowl ban upheld
From Ole Miss:
Today, the NCAA released the Infractions Appeals Committee (IAC) decision, bringing the nearly six-year process to an end. The university prevailed in its appeal of the most onerous sanction, the penalty restricting unofficial visits. According to the IAC, “the Committee on Infractions (COI) abused its discretion when prescribing penalty VII.5.c [unofficial visit restrictions] in that it was based in significant part on one or more irrelevant or improper factors.” The IAC overturned the penalty entirely, clearing the way for the football program to move forward and continue recruiting at a high level.
While we are pleased by the IAC’s finding that the COI abused its discretion with respect to the unofficial visit penalty, we remain disappointed by the remainder of the ruling, which upheld a 2018 postseason ban and findings of lack of institutional control and recruiting inducements.
As the recent Commission on College Basketball (Rice Commission) report outlined, the NCAA enforcement model is “broken” and ill-equipped to handle complex cases, and we believe our case was adversely impacted because of it. In the early part of the investigation, our cooperation with the enforcement staff allowed us to contain the case to allegations that were based on credible and persuasive evidence instead of speculation and rumor. However, in April 2016, unbeknownst to us, the enforcement staff shifted and excluded us from the investigation for several months. The results of this shift spawned allegations based on inconsistent testimony by individuals with clear motives and conflicts of interest. In fact, the IAC found that various witness accounts “could have led a reasonably prudent person to a different interpretation of the facts.”
Even with recent changes to the enforcement process recommended in the Rice Commission report, inequities will persist, and ironically, institutions will be at a further disadvantage to contest allegations that they believe are not based on facts. In addition, every institution that has decades-old cases should remain alarmed over this decision and skeptical about the discretion afforded the COI. If the COI can “accord significant weight” to prior cases from a 30-year time frame when prescribing penalties, then no program will ever get a clean slate. We are troubled that the IAC, in its written decision, ignored this overreach by the COI. All of this suggests that additional NCAA reforms are needed, and we will be a leader in that effort.
Throughout the NCAA enforcement process, we accepted responsibility for violations of NCAA bylaws that were grounded in fact, and we took meaningful corrective action and self-imposed harsh sanctions. However, when allegations not grounded in fact were presented, we vigorously defended our great university.
As leaders at the University of Mississippi, we are sorry for what the Ole Miss family has endured throughout this long, arduous process. As the state’s flagship university, our resolve has been tested many times in our history, and we have prevailed by staying true to our core values combined with the amazing support of the Ole Miss family. This challenge will not define us, and we will be stronger because of it.
This ordeal is now over. Our attention must now be on the present and the future of our football program, and we are calling on the Ole Miss family to help finish this season strong. With the freedom to recruit and promote all that the University of Mississippi has to offer, Coach Luke and his staff will keep building on the momentum we have in our program.
