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A preview of things to come for North Cheatolina?
Posted on: November 25, 2016 at 08:18:42 CT
MizzouTigerz MU
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It appears at this point, there is plenty to hammer NCar, and plenty to distinguish Mizzou from the Notre Dame and NCar, and avoid severe penalties.
During Notre Dame's penalty process with the NCAA Committee on Infractions, the university went to great lengths to unsuccessfully try to keep its 2012 and 2013 records. One argument Notre Dame made was that a school's honor code policy could be influenced to consider NCAA penalties due to academic misconduct.
Notre Dame said it could have permanently expelled the players to avoid any retroactive effect on their grades and eligibility. Instead, Notre Dame temporarily dismissed the players and "changed their grades and credits to ensure they could not graduate from Notre Dame or any other institution without demonstrating a certain level of academic proficiencies," the NCAA wrote.
By vacating records because to the school retroactively made players ineligible, Notre Dame said the NCAA is sending a "disturbing message" to schools. The NCAA said a school is obligated to report misconduct regardless of penalty consequences and doing so "does not mean that the NCAA somehow encroaches on purely academic determinations made by a member institution."
In another unsuccessful argument, Notre Dame said the vacation penalty is discretionary and shouldn't be applied in the case. The NCAA said "although the current bylaw does not particularly identify academic violations as an express example, that does not mean the consideration is now inappropriate."
Also to avoid vacated records, Notre Dame argued that past academic misconduct cases don't support the penalty because this case didn't involve serious misconduct by the school. The NCAA cited past examples where similar instances of vacated records occurred due to academics: Louisiana-Lafayette in 2016, SMU in 2015, Syracuse in 2015, North Carolina in 2012 and East Carolina in 2011.
According to the NCAA, Notre Dame conceded that East Carolina was "probably the closest to our case." East Carolina had team and coaching records vacated when an athlete employed by the athletic department as a tutor committed academic fraud with four other athletes.
Notre Dame tried to distinguish its case from East Carolina by arguing there was a difference between an East Carolina student tutor and a Notre Dame student trainer committing academic misconduct. The NCAA disagreed and said both were employed by the athletic department at the time they committed violations.
Finally, Notre Dame argued to keep its records based on policy considerations. Vacating records disincentives schools from proactively and firmly addressing academic misconduct by athletes and might lead to "athletically-driven changes to academic policy," according to Notre Dame. The NCAA infractions committee panel didn't agree with that argument, either.
The NCAA findings also showed Notre Dame has reported 76 NCAA violations over the past five years, including 23 involving the football program. Because Notre Dame is a private university, this information rarely becomes public. Universities are encouraged by the NCAA to report violations and most of them end up being classified as secondary in nature.
http://www.cbssports.com/college-football/news/ncaa-orders-notre-dame-to-vacate-wins-from-2012-2013-due-to-academic-misconduct/
During Notre Dame's penalty process with the NCAA Committee on Infractions, the university went to great lengths to unsuccessfully try to keep its 2012 and 2013 records. One argument Notre Dame made was that a school's honor code policy could be influenced to consider NCAA penalties due to academic misconduct.
Notre Dame said it could have permanently expelled the players to avoid any retroactive effect on their grades and eligibility. Instead, Notre Dame temporarily dismissed the players and "changed their grades and credits to ensure they could not graduate from Notre Dame or any other institution without demonstrating a certain level of academic proficiencies," the NCAA wrote.
By vacating records because to the school retroactively made players ineligible, Notre Dame said the NCAA is sending a "disturbing message" to schools. The NCAA said a school is obligated to report misconduct regardless of penalty consequences and doing so "does not mean that the NCAA somehow encroaches on purely academic determinations made by a member institution."
In another unsuccessful argument, Notre Dame said the vacation penalty is discretionary and shouldn't be applied in the case. The NCAA said "although the current bylaw does not particularly identify academic violations as an express example, that does not mean the consideration is now inappropriate."
Also to avoid vacated records, Notre Dame argued that past academic misconduct cases don't support the penalty because this case didn't involve serious misconduct by the school. The NCAA cited past examples where similar instances of vacated records occurred due to academics: Louisiana-Lafayette in 2016, SMU in 2015, Syracuse in 2015, North Carolina in 2012 and East Carolina in 2011.
According to the NCAA, Notre Dame conceded that East Carolina was "probably the closest to our case." East Carolina had team and coaching records vacated when an athlete employed by the athletic department as a tutor committed academic fraud with four other athletes.
Notre Dame tried to distinguish its case from East Carolina by arguing there was a difference between an East Carolina student tutor and a Notre Dame student trainer committing academic misconduct. The NCAA disagreed and said both were employed by the athletic department at the time they committed violations.
Finally, Notre Dame argued to keep its records based on policy considerations. Vacating records disincentives schools from proactively and firmly addressing academic misconduct by athletes and might lead to "athletically-driven changes to academic policy," according to Notre Dame. The NCAA infractions committee panel didn't agree with that argument, either.
The NCAA findings also showed Notre Dame has reported 76 NCAA violations over the past five years, including 23 involving the football program. Because Notre Dame is a private university, this information rarely becomes public. Universities are encouraged by the NCAA to report violations and most of them end up being classified as secondary in nature.
http://www.cbssports.com/college-football/news/ncaa-orders-notre-dame-to-vacate-wins-from-2012-2013-due-to-academic-misconduct/
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A preview of things to come for North Cheatolina? - MizzouTigerz MU - 11/25 08:18:42