Download the Nov. 2021 University of Massachusetts, Amherst Public Appeals Decision
The NCAA Division I Infractions Appeals Committee confirmed the finding of violation that occurred in Massachusetts' men's basketball and women's tennis programs when the school provided impermissible financial aid to 12 student-athletes rendering them ineligible for competition. Those student-athletes participated in 186 contests while ineligible and received impermissible competition-related expenses. The appeals committee also affirmed two prescribed penalties.
In the NCAA Division I Committee on Infractions' decision regarding Massachusetts, the infractions panel found that over the course of a three-year period, the school provided a total of more than $9,100 in excess of the full cost of attendance on 13 occasions. Massachusetts provided financial aid packages that aligned with higher on-campus living expenses, even though the student-athletes moved off campus. The excessive financial aid resulted in the student-athletes exceeding their full cost of attendance and subsequently competing while ineligible.
The infractions panel found the violations occurred as a result of a former associate athletics director's misunderstanding of financial aid rules and administrative error which resulted in student-athletes receiving impermissible financial aid and subsequently competing while ineligible. Massachusetts appealed this violation, arguing that the infractions panel came to an inaccurate conclusion based on a statement made by a compliance coordinator that was not supported by the record or the analysis of the school's financial aid process. The school also stated it was not aware of the student-athletes' ineligibility when they competed.
In response, the infractions panel argued that NCAA rules give it the authority to base its decision on information it believes is "credible, persuasive and of a kind on which reasonably prudent persons rely in the conduct of serious affairs." In response to Massachusetts' argument that the school was unaware of student-athletes' ineligibility when they competed, the infractions panel asserted that under NCAA rules, a school may be held accountable for failing to withhold an ineligible student-athlete from competition regardless of the school's knowledge.
The appeals committee noted that the school did not demonstrate in its appeal that the finding of a violation was clearly contrary to the facts found by the infractions panel. It also noted that deference is given to the infractions panel as it pertains to assessing the credibility of the evidence in a case. Finally, the appeals committee concurred with the infractions panel that NCAA bylaws requiring withholding ineligible student-athletes from competition do not expressly include a "knowledge" requirement. Therefore, the appealed violation was upheld.
Further, Massachusetts asserted that the infractions panel abused its discretion in prescribing the two-year probation and vacation of records penalties by failing to consider relevant case precedent, factors and information. In response, the infractions panel argued that the two-year probationary period falls within the core penalty range approved by NCAA members for a Level II-Mitigated case. Further, it argued that it has the discretion to prescribe a vacation of records penalty where a student-athlete participated in competition while ineligible.
The Infractions Appeals Committee agreed with the infractions panel, noting the infractions panel has the discretion to prescribe a vacation of records penalty when warranted, and concluded the infractions panel had not abused its discretion in the prescription of the vacation of records or the two-year probation penalties. Therefore, the appealed penalties were upheld.
The members of the Infractions Appeals Committee who heard this case were Jonathan Alger, president at James Madison; Alejandra Montenegro Almonte, attorney in private practice; Ellen M. Ferris, chair, senior associate commissioner for governance and compliance at the American Athletic Conference; Tom Goss, insurance chairman and executive; Allison Rich, senior associate athletics director and senior woman administrator at Princeton; David Shipley, faculty athletics representative at Georgia; and Julie Vannatta, senior associate general counsel for athletics/senior associate athletics director at Ohio State.
