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College Athletics Best Practices Alert
Welcome to the April 25, 2011, issue of College Athletics Best Practices Alert, a complimentary publication of the Michael L. Buckner Law Firm. |
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Internal Investigation Policies to Address Alleged NCAA Rules-Violations
NCAA institutional control principles demand member institutions possess an active internal investigation policy that is used when alleged NCAA rules-violations surface. An internal investigation policy should:
- Be in writing.
- Be approved by the president or chancellor.
- Identify the investigator (or describe how an investigator is selected or appointed).
- List the duties and responsibilities of pertinent institutional personnel during an investigation.
- Require a timely review of all allegations.
- Include a procedure to educate institutional personnel about the policy.
- Address how allegations of alleged major and secondary rules-violations are processed by the institution.
- Satisfy due and fair process requirements, state law and, if relevant, collective bargaining agreements.
- State how findings are reported to the president, conference and NCAA enforcement staff.
Contact Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) for additional recommendations relating to conducting internal investigations of alleged NCAA rules-violations. |
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Resources to Assist Head Coaches Comply with NCAA Bylaw 11.1.2.1
NCAA Division I Bylaw 11.1.2.1 (Responsibility of Head Coach) provides "it shall be the responsibility of an institution's head coach to promote an atmosphere for compliance within the program supervised by the coach and to monitor the activities regarding compliance of all assistant coaches and other administrators involved with the program who report directly or indirectly to the coach". The NCAA Division I Committee on Infractions determined Bylaw 11.1.2.1 was violated in 11 enforcement cases since the rule was adopted on June 23, 2005.
According to the NCAA, Bylaw 11.1.2.1 presumes a head coach possesses "knowledge of what is occurring in his program and therefore, can be responsible for the actions of his staff and individuals associated with the program". However, the rationale to Proposal 2004-102 (the adoption of which created Bylaw 11.1.2.1) notes: the rule "does not imply that every violation by a staff member or student-athlete involved in the head coach's program will be considered a lack of control on the part of the head coach"; and "a rebuttable presumption . . . exists when situations indicate that the head coach has set a proper tone of compliance". If the rebuttable presumption exists, then "the head coach would not be charged with a lack of control for activities that may result in NCAA rules violations".
On March 29, 2011, the NCAA published "Head Coach Control", which contains action plans and case precedent relating to Bylaw 11.1.2.1. According to the NCAA, the action plans "may assist a head coach in setting a proper tone of compliance and monitoring his program in order to meet the obligations imposed by Bylaw 11.1.2.1". The resource can be reviewed and downloaded on the LSDBi database under the "Enforcement/AGA" section.
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Spring Webinar: "Top Ten Things to Consider When Your University is Confronted with an NCAA Enforcement Investigation"
Date: Wednesday, April 27, 2011
Time: 12 noon to 1:00 pm EDT (9:00 am to 10:00 am PDT)
Course Summary: A telephone call or letter from the NCAA enforcement staff to a college or university concerning the staff's receipt of an alleged rules-violation is the start of a complex, daunting and high-profile investigative and administrative process. The webinar will provide participants with the "top ten things" presidents, general counsel, athletics administrators and other institutional employees should consider before and during the NCAA enforcement process. In fact, over the course of the 60-minute web-based workshop, the participants will review the best practices, techniques and strategies to place their colleges and universities in the best position prior to, and during the course of, an NCAA infractions case.
Click here to find out more information on, or to register for, this workshop. |
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About the Firm
The Michael L. Buckner Law Firm is a boutique law firm that assists college and university presidents, general counsel and athletic directors address NCAA enforcement investigations, infractions appeals and rules-compliance issues. The law firm website can be found at www.michaelbucknerlaw.com. |
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YouTube Channel
The Michael L. Buckner Law Firm's "Information Nuggets" video newsletter series, which provides in-depth analysis on pertinent NCAA compliance and enforcement issues, can be viewed at the firm's YouTube channel.
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Resources for You
Prior issues of the Best Practices Alert newsletter, as well as other complimentary articles, checklists, toolkits and resources, can be located on our website.
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Michael L. Buckner Law Firm
Telephone: 954-941-1844
Facsimile: 954-941-1846
E-mail: mbuckner@michaelbucknerlaw.com
Website: www.michaelbucknerlaw.com
Blog: http://michaelbucknerlaw.wordpress.com
Twitter: @mbucknerlaw
LinkedIn: @michaelbucknerlawfirm
Facebook: http://tinyurl.com/michaelbucknerlaw
YouTube: @michaelbucknerlaw |
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This electronic newsletter, including the information contained therein, is not endorsed or published by the National Collegiate Athletic Association, National Association of College and University Attorneys or the organizations' representatives, but is a legal advertisement from the Michael L. Buckner Law Firm (which is not affiliated with the NCAA or NACUA). Any questions concerning this communication should be directed to Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com).
This publication is offered only for general informational and educational purposes. It is not offered as, and does not constitute, legal advice or a legal opinion. This information is not intended to create, nor does the receipt of it constitute, a lawyer-client relationship. This publication contains hyperlinks to other resources on the Internet. These links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that the Michael L. Buckner Law Firm sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send free written information about our qualifications and experience.
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