ncaa-manual

19.9.12 Obligation of Institution to Take Appropriate Action. If a violation has been found thataffects the eligibility of one or more student-athletes, the institution and its conference, if any, shall be notified ofthe violation and the name(s) of the student-athlete(s) involved. If the institution fails to take appropriate actionby declaring the student-athlete(s) ineligible, the institution shall be required to show cause to the Committee onInfractions why additional penalties should not be prescribed for a failure to abide by the conditions and obligationsof membership if it permits the student-athlete(s) to compete in intercollegiate athletics. (Revised: 1/10/95,4/24/03, 10/30/12 effective 8/1/13)19.10 Appeal of Decisions.19.10.1 Basis for Granting an Appeal.19.10.1.1 Penalties. A penalty prescribed by the hearing panel, including determinations regarding the existenceand weighing of any aggravating or mitigating factors, shall not be set aside on appeal except on a showingby the appealing party that the panel abused its discretion. The Infractions Appeals Committee may affirm apenalty for any reason in the record. (Adopted: 10/30/12 effective 8/1/13)19.10.1.2 Findings and Conclusions. A hearing panel’s factual findings and its conclusion that one ormore violations occurred shall not be set aside on appeal except on a showing by the appealing party that: (Adopted:10/30/12 effective 8/1/13)(a) A factual finding is clearly contrary to the evidence presented to the panel;(b) The facts found by the panel do not constitute a violation of the NCAA constitution and bylaws; or(c) There was a procedural error and but for the error, the panel would not have made the finding or conclusion.19.10.2 Appeal by Institution or Involved Individual. An institution participating in the proceedingsof a hearing panel may appeal the panel’s findings, conclusions, penalties, corrective actions, requirementsand/or other conditions and obligations of membership prescribed for the institution for violations of the NCAAconstitution and bylaws. An involved individual participating in the proceedings of the panel and who the panelconcluded committed a violation may appeal the panel’s findings, conclusions and/or prescribed penalties regardingthat individual for violations in which he or she is named. The notice of intent to appeal must be presentedin writing to the Infractions Appeals Committee not later than 15 calendar days after the date the hearing panelreleases the public infractions decision. (Adopted: 10/30/12 effective 8/1/13)19.10.2.1 Contents of Notice of Intent to Appeal. The notice of intent to appeal shall include the following,unless otherwise ordered by the Infractions Appeals Committee: (Adopted: 10/30/12 effective 8/1/13)(a) The date on which the decision of the hearing panel was released to the public;(b) A statement indicating whether the appealing party desires to submit its appeal in writing only or requestsan in-person oral argument. An appealing party may not request an in-person oral argument unlessthat party made an appearance before the hearing panel; and(c) If the appealing party is an involved individual, a statement indicating whether he or she is employed atan NCAA institution. If the involved individual’s employment status changes during the course of the appeal,the statement shall be amended promptly to reflect the change and the identity of the new employer.19.10.2.2 Stay of Penalties. If a notice of intent to appeal is filed within the deadline, unless ordered otherwiseby the Infractions Appeals Committee, any penalties prescribed by a hearing panel of the Committeeon Infractions that have been appealed shall be stayed during the pendency of the appeal. (Adopted: 10/30/12effective 8/1/13)19.10.3 Written Materials on Appeal. An appealing party may submit materials as set forth below, subjectto procedures promulgated by the Infractions Appeals Committee or as otherwise directed by the committee.A deadline for the submission of a document shall be met if the document is submitted electronically to theNCAA staff liaisons to the Infractions Appeals Committee by 5 p.m. Eastern time on the due date. At the earliestopportunity after a document is submitted electronically, the submitting party shall provide a hard copy of thedocument directly to all members of the committee. (Adopted: 10/30/12 effective 8/1/13)19.10.3.1 Initial Submission by Institution or Involved Individual. Within 30 days after receipt of theInfractions Appeal Committee’s acknowledgement of a timely notice of intent to appeal, an appealing institutionor individual shall provide its initial submission in support of its appeal to the Infractions Appeals Committee.(Adopted: 10/30/12 effective 8/1/13)19.10.3.2 Response by Committee Appeals Advocate. Within 30 days after receipt of an initial submissionin support of its appeal by an institution or involved individual, the committee appeals advocate shallsubmit a response to the Infractions Appeals Committee. The response shall include the following: (Adopted:10/30/12 effective 8/1/13)(a) A statement of the origin of the case;(b) The violations of the NCAA constitution and bylaws, as determined by the hearing panel;(c) Disciplinary or corrective actions taken by the institution or conference or any other agency involved inthe particular incident;19Enforcement325