What can be Appealed

A school or involved individual may appeal individually or any combination of:

• Factual findings.
• Conclusions.
• Findings of violations.
• Level of violations and case.
• Classification of case.
• Core and additional penalties.

A school or involved individual may appeal individually or any combination of:

• Factual findings.
• Conclusions.
• Findings of violations.
• Level of violations and case.
• Classification of case.
• Core penalties outside of the Division I penalty guidelines.
• Additional penalties.

Core penalties that are within the Division I penalty guidelines prescribed by the Committee on Infractions CANNOT be directly appealed. For example, for a Level I - Standard infractions case, a scholarship reduction penalty of 12% cannot be directly appealed.

If the appeal of violation(s), level and/or classification is successful (e.g., vacated) and the level or classification of the case changes, this may impact the core penalties prescribed in the case.

Stay of an Appealed Penalty

When an appealed penalty is stayed, it does not apply to the school or involved individual during the course of the appeal.

When a notice of intent to appeal form identifying the appeal of core and/or additional penalties is submitted, the core and/or additional penalties are automatically stayed and do not apply while the appeal is pending.

Core penalties within the Division I penalty guidelines prescribed by the Committee on Infractions CANNOT be directly appealed. Therefore, core penalties within the Division I penalty guidelines CANNOT be stayed.

The stay of appealed additional penalties or core penalties outside the Division I penalty guidelines IS NOT automatic. However, schools or involved individuals MAY DIRECT the Infractions Appeals Committee to stay those appealed penalties.

Mode or Method for Reviewing and Resolving an Appeal

There are two methods for the Infractions Appeals Committee to review an appeal case and make a decision.

One, the appeal case may be reviewed by the Infractions Appeals Committee only on the written record. The record for an appeal case includes the case record before the Committee on Infractions and the documents submitted during the course of the appeal case.

Two, parties who made an appearance before the Committee on Infractions may request that the Infractions Appeals Committee conduct an oral argument and review the written record. During an oral argument, the school or involved individual and the Committee on Infractions make presentations to the Infractions Appeals Committee regarding the appeal arguments.

Generally, the Infractions Appeals Committee will resolve an appeal case through a review of the written record.

Schools or involved individuals MAY NOT request a review that includes an oral argument.

The Infractions Appeals Committee may conduct an oral argument in the extenuating circumstance where the committee determines it is unable to resolve the appeal case without an oral argument.

Standard of Review for Appeal Cases

There are two different standards of review based on what is appealed.
To set aside factual findings, conclusions and violations, the appealing school or involved individual must demonstrate that:

1. A factual finding is clearly contrary to the information presented to the panel;
2. The facts found by the panel do not constitute a violation of the NCAA bylaws; or
3. There was a procedural error and but for the error, the panel would not have made the finding or conclusion.

To set aside a prescribed penalty, including aggravating and mitigating factors, the appealing school or involved individual must demonstrate that the Committee on Infractions abused its discretion. The Infractions Appeals Committee defined that an abuse of discretion occurs when imposition of the penalty:

1. Was not based on a correct legal standard or was based on a misapprehension of the underlying substantive legal principles;
2. Was based on a clearly erroneous factual finding;
3. Failed to consider and weigh material factors;
4. Was based on a clear error of judgment, such that the imposition was arbitrary, capricious or irrational: or
5. Was based in significant part on one or more irrelevant or improper fact.

There is ONE standard of review for appeal cases. The standard states that the Infractions Appeals Committee shall affirm factual findings, violations, level, classification, additional penalties and core penalties outside of the Division I penalty guidelines if there is information in the record supporting the hearing panel's decision.

Further, the Infractions Appeals Committee shall not set aside factual findings, violations, level, classification, additional penalties and core penalties outside of the Division I penalty guidelines except on a showing that no reasonable person could have made the decision after considering the record.

As a reminder, core penalties within the Division I penalty guidelines may not be directly appealed.