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NCAA orders Notre Dame to Vacate Wins

SOUTH BEND, Ind. (AP) — NCAA orders Notre Dame to vacate wins from 2012-13 and 2013-14 football seasons in academic misconduct case.

According to a release from the NCAA, a former University of Notre Dame student athletic trainer violated NCAA ethical conduct rules when she committed academic misconduct for two football student-athletes and provided six other football student-athletes with impermissible academic extra benefits, according to a Division I Committee on Infractions panel. One additional football student-athlete committed academic misconduct on his own.

According to the release, the panel prescribed one year of probation, a two-year show-cause order and disassociation for the former student trainer, and a $5,000 fine for the university. During that time, if a member school hires the former student trainer in an athletically related position, she and the school must appear before a Committee on Infractions panel.

According to the release, this case was resolved through the summary disposition process, a cooperative effort during which the involved parties collectively submit the case to the Committee on Infractions in written form. The NCAA enforcement staff, university and involved individuals must agree to the facts and overall level of the case to use this process instead of a formal hearing. The panel reviewing the case held an expedited penalty hearing because the university did not agree with one of the penalties.

According to the release, during two academic years, the former student trainer and two football student-athletes engaged in academic misconduct when the former student trainer completed coursework for the student-athletes. These student-athletes, in addition to a third football student-athlete, also committed academic misconduct individually. The university determined the three student-athletes violated its academic integrity policies. The misconduct resulted in the student-athletes playing while ineligible — one student-athlete during the 2012-13 season and the other two student-athletes during the 2013-14 season.

According to the release, the former student trainer also provided impermissible academic assistance to six additional football student-athletes in a total of 18 classes. She provided the assistance while she attended the university and a year after she graduated. Two of the student-athletes violated the university’s academic integrity policies. The remaining four student-athletes were not enrolled at the time the violations were discovered, so they were not subject to the university’s policies.

According to the release, the panel found the former student trainer violated NCAA ethical conduct rules when she committed academic misconduct and provided the impermissible academic extra benefits. She signed documents outlining that she should not complete academic work for student-athletes, but the panel noted she provided the assistance and did not ask the university’s compliance representatives if her actions would violate university and NCAA rules.

Penalties prescribed by the panel include the following:

  • Public reprimand and censure for the university.
  • One year of probation from Nov. 22, 2016, through Nov. 21, 2017.
  • A two-year show-cause order for the former student trainer from Nov. 22, 2016, through Nov. 21, 2018. During that time, any NCAA member school that hires her in an athletically related position must appear with her before a Committee on Infractions panel.
  • A disassociation of the former student trainer from the university’s athletics program from Nov. 22, 2016, through Nov. 21, 2018. During this period, the university may not accept assistance in the recruitment of prospects or support of student-athletes from the former student trainer; may not accept donations to the athletics program from the former student trainer; may not extend athletics benefits or privilege to the former student trainer that is not generally available to the public; and must ensure the former student trainer is not involved in the university’s athletics program.
  • A vacation of all records in which student-athletes participated while ineligible during the 2012-13 and 2013-14 football seasons.
  • A $5,000 fine.

Notre Dame released this statement:

The University of Notre Dame will appeal the decision announced Tuesday (Nov. 22) by the NCAA Committee on Infractions to vacate 2012 and 2013 football victories, the University’s president, Rev. John I. Jenkins, said. The NCAA has never before vacated the records of an institution that had no involvement in the underlying academic misconduct, and the membership has since voted to change the rule that brought this case within NCAA jurisdiction.

The penalty was based on misconduct by a former student who participated in the University’s student trainer program. She wrote papers for student-athletes, which was obviously unauthorized academic assistance. The University discovered the academic misconduct in 2014, and then addressed that misconduct through its honor code process. As a result, Notre Dame retroactively lowered grades of three student athletes who received improper assistance from the former student, giving them no academic credit that was not honestly earned. 

“We very much appreciate the hard work of the NCAA enforcement staff and the members of the Committee on Infractions for their review of our case, but we believe the penalty they have imposed is not justified,” Father Jenkins said.

“We are disappointed in the actions of students who engaged in dishonesty, but we are gratified that the NCAA investigation confirmed the conclusions of our own internal investigation: Notre Dame acted honorably throughout. As soon as professional staff suspected academic dishonesty on the part of a student, the matter was reported promptly, investigated aggressively and thoroughly and adjudicated in accord with our Academic Code of Honor procedures and norms. In this case, everyone involved — those in Academic Services for Student-Athletes, in our football program and in our Compliance Office — and the faculty and students resolving these cases under our Honor Code did everything that we could have asked of them.

“We disagree with the decision of the hearing panel to impose, at its own discretion, a vacation of records penalty. In past academic misconduct cases, the Committee on Infractions has imposed this penalty only when it has found serious institutional misconduct, such as actions with the direct involvement or knowledge of a coach or academic personnel, a failure to monitor or a lack of institutional control. The NCAA enforcement staff and the hearing panel agreed with Notre Dame that no such institutional misconduct occurred in this case. Indeed, the only reason the NCAA reviewed the matter was because the misconduct involved a former fellow student who happened to participate in the University’s student trainer program—an activity which involved no responsibility for the academic work of student-athletes.

“We believe that imposition of the vacation of records penalty without serious underlying institutional misconduct will not primarily punish those responsible for the misconduct, but rather will punish coaches, student-athletes and indeed the entire institution who did nothing wrong and, with regard to this case, did everything right. We are also concerned that establishing this precedent will infringe on universities’ autonomy in deterring academic dishonesty, for it will discourage the retroactive lowering of grades even when an honor code committee deems this appropriate.

“As we said at the outset of this investigation, Notre Dame would willingly accept a vacation of records penalty if it were appropriate. It is not in this case. Indeed, should this precedent stand, it could create a perverse incentive that will discourage institutions from investigating so aggressively and imposing the penalties for academic dishonesty that their honesty committees might judge appropriate.” 

University academic staff members became concerned about potential academic misconduct by one student-athlete and the former student in the summer of 2014. As a result, the University promptly launched a comprehensive investigation that included the review of 95,000 documents. The University immediately suspended the involved student-athletes from all athletic activities. At the conclusion of its honor code process, the University dismissed four student-athletes and imposed retroactive grade changes in the affected courses.

Notre Dame will submit its case to the NCAA Infractions Appeals Committee.

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