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Infractions Appeals Committee vacates penalties for CSUN men’s … – NCAA.org

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The NCAA Division I Infractions Appeals Committee vacated some of the prescribed penalties issued by the NCAA Division I Committee on Infractions in the California State University, Northridge men’s basketball case. The Infractions Appeals Committee remanded the case to the Committee on Infractions for reassessment of the case classification and the appropriate resulting penalties.
On Dec. 16, 2022, the Committee on Infractions issued its decision finding recruiting violations in the CSUN men’s basketball program and prescribed penalties as Level II-Standard for the university and Level II-Aggravated for the former head coach and two former assistant coaches. CSUN appealed the financial and probation penalties, asserting that the Committee on Infractions did not properly apply and weight aggravating and mitigating factors and, thus, abused its discretion when prescribing a three-year probation penalty and fine of $5,000 plus 1% of the men’s basketball program budget. 
The Infractions Appeals Committee found that the hearing panel of the Committee on Infractions abused its discretion in the application of an aggravating factor and by failing to apply a mitigating factor. Specifically, the Infractions Appeals Committee overturned the finding that the program intentionally violated NCAA rules, which was considered an aggravating factor in determining penalties. The Infractions Appeals Committee also determined that the school should have earned mitigation for its compliance department’s systems, which the Committee on Infractions had not applied in its original decision. 
As a result, the Infractions Appeals Committee vacated the probation and financial penalties and remanded the case to the hearing panel for reclassification and reassessment of the probation and financial penalties. 
The members of the Infractions Appeals Committee who heard this case were Ellen M. Ferris, committee chair and senior associate commissioner for governance and compliance at the American Athletic Conference; Tom Goss, insurance chairman and executive; Alejandra Montenegro Almonte, attorney in private practice; David Shipley, faculty athletics representative at Georgia; and Julie Vannatta, retired senior associate general counsel for athletics/senior associate athletics director at Ohio State.





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