NewsLocal News

Actions

Mizzou is appealing its NCAA punishment, here is how that process works

Posted at 4:09 PM, Feb 01, 2019
and last updated 2019-02-01 17:53:13-05

KANSAS CITY, Mo. — The University of Missouri is appealing the penalties handed down to the university by the NCAA following an academic fraud scandal on campus.

On Thursday, the NCAA announced punishment that includes postseason bans for MU's football, softball and baseball teams for the upcoming season.

The punishment is a result of MU's and the NCAA's investigation into academic misconduct by a tutor and a dozen student-athletes. In 2016, a tutor announced her role in completing coursework for those students in a Facebook post.

With MU appealing the NCAA ruling, MU's athletic director says that process could take several months. According to the NCAA, the average appeal takes eight months.

Here is a look at an average timeline provided by the NCAA on how those eight months are spent:

Within 15 days after the NCAA hands down the penalties, a University, in this case MU, must declare its intent to appeal.

The university then has another month to file its written appeal.

MU Athletic Director Jim Sterk says MU already has a team working on the appeal and “will aggressively fight for what’s right.”

Thirty days after the NCAA member institution files its written appeal, the Infractions Appeals Committee faces a deadline to respond.

Both sides then have two weeks to file a rebuttal.

The next 20 days are for NCAA enforcement to submit materials after rebuttal and for the appellant to respond.

Within the next one to two months, oral arguments are held in front of the Infractions Appeals Committee.

That committee is made up of representatives from member institutions and members of the general public and is different than the Committee on Infractions.

The current committee includes Associate Commissioner for Governance and Compliance for the American Athletic Conference Ellen Ferris, Professor in the University of Georgia School of Law David Shipley, President of James Madison University Jonathan Alger, Senior Associate Director of Athletics and Princeton University Allison Rich and an attorney at Detroit based law firm Dickin Wright, W. Anthony Jenkins.

That committee then has six to eight weeks to issue its report.

The committee’s report can reverse or modify the original ruling. For that to happen, the appealing university must show one of the following according to the NCAA:

  1. “A factual finding is clearly contrary to the evidence presented to the Committee on Infractions panel.”
  2. “The facts found by the Committee on Infractions panel do not constitute a violation of the NCAA constitution and bylaws.”
  3. “There was a procedural error, and but for the error, the Committee on Infractions panel would not have made the finding or conclusion.”
  4. “Or, in prescribing a penalty, the Committee on Infractions panel abused its discretion.”

MU will likely rely on number four on that list.

In a statement issued, Athletic Director Jim Sterk used a similar phrase.

“The Committee on Infractions has abused its discretion in applying penalties in this case, and the University will immediately appeal this decision that has placed unfair penalties on our department and programs,” Sterk said in a statement on Thursday.

The University believes because it came forward and self-reported the infraction, it does not deserve the harsh punishment handed down.

Once the Infractions Appeals Committee makes its decision, the NCAA says that decision is final.