SMU is appealing

[dr. rick]

letter frm turner:
October 9, 2015


Dear Members of the University Community:

This past week has been difficult for all of us who love SMU. Following an NCAA investigation of potential rules violations in our men’s basketball and men’s golf programs, the NCAA Committee on Infractions notified us September 29 of its findings and the sanctions it is imposing on those programs. Naturally, our main focus of concern has been on the dedicated student-athletes who work so hard to succeed in their academic and athletic work and what these sanctions mean for them.

It is out of this concern that we have deliberated whether to file an appeal with the NCAA of the Committee’s findings and sanctions.

Let me first say that we regret that violations of NCAA bylaws occurred and we take this matter very seriously. We are committed to full compliance with NCAA and American Athletic Conference bylaws and University values and standards, and we have continually strengthened our compliance program toward that end. As we have learned, however, even the most vigilant and comprehensive compliance programs cannot prevent individual acts of misconduct. Still, this happened in our program and we take responsibility.

As noted in my email last week, when SMU first learned of the potential violations, we took immediate action to investigate the allegations, cooperated fully with the NCAA investigation, and self-imposed meaningful corrective measures and sanctions on our program.

Over the past week, we have heard from hundreds of SMU supporters offering varying perspectives and advice on what steps SMU should take regarding an appeal, and we appreciate everyone’s input and concern. At the same time, we have carefully analyzed the NCAA’s findings and sanctions and have deliberated with internal and external counsel, University and Athletics Department leadership and a special task force of the Board of Trustees.

SMU is the first institution to receive findings and sanctions under the NCAA’s new penalty structure, making it difficult to draw comparisons with previous infractions cases for both the University and the Committee on Infractions. As expected, any new system will generate areas of ambiguity that require correction or clarification. Under this new structure, we expected that the Committee on Infractions might potentially impose additional penalties on top of our self-imposed sanctions, but we also anticipated a greater acknowledgment of our proactive measures as mitigating factors moderating any additional penalties imposed.

Therefore, SMU has decided to appeal several sanctions imposed by the Committee on Infractions and will file our intent to appeal within the mandated 15-day time period, by October 14. Our appeal will be based not only on expected mitigating factors, but also on what we believe is a misapplication and/or a misinterpretation of the NCAA’s new penalty structure, as well as some notable procedural errors in this case. The sanctions we are appealing include the following:

• The duration of scholarship losses in men’s basketball and men’s golf and the duration of recruiting restrictions in men’s basketball.
• The penalty level applied to men’s golf and resulting post-season ban both for the team and for individual competition.
• The vacating of men’s basketball victories during the 2013-14 season due to the participation of a student deemed ineligible by the Committee.
After careful consideration, however, we will not appeal the NCAA post-season ban on men’s basketball or partial season suspension of Head Men’s Basketball Coach Larry Brown. Although we regret the severe impact on our student-athletes, the simple fact is that the NCAA penalty structure mandates at minimum a one-year post-season ban for the level of misconduct that occurred, in our case, when a former staff member completed an online high school course for a prospective student-athlete, committing academic misconduct. In addition, should we appeal this matter, the lengthy process and uncertainty during this period could harm many aspects of the program. Coach Brown and his staff also agree that it is in the best interests of the program to accept these sanctions and move forward.

Despite these challenges, SMU is moving forward with optimism into our second century, with momentum bolstered by the success of our $1 billion major gifts campaign and our rising academic quality and research achievements. Our recent centennial commemoration has given us an opportunity to reaffirm our values and commitment to the ongoing success of our students. Knowing the challenges our founders faced and the leadership and sacrifices of so many over 100 years should remind us that a university endures beyond the headlines of the moment.

During this year, in particular, we will need to rally behind our Mustang student-athletes, especially our seniors on the men’s basketball and men’s golf teams. We need to show all our student-athletes our unwavering appreciation for their contributions to the vitality of SMU.

We are a strong university and look ahead to many great days. Thank you for your support of SMU.

Sincerely,



R. Gerald Turner
President


For more information: www.smu.edu/news/ncaa

[photopony]

Of note though we are not appealing the post season ban. His reasoning makes sense.

[couch 'em]

But not appealing the post season ban

[gostangs]

Told you. No post season appeal. Hiding behind LB's skirt.

They are just wrong on this one. NCAA gives themselves the latitude to lesson that penalty, and they would have done so. Very sad we are such weak doormats.

[DanFreibergerForHeisman]

Not being an expert in NCAA bylaws, I can't say if Turner's reasoning for not being able to appeal the postseason ban is true.

[gostangs]

Golf post season can be appealed but basketball cannot?

[ponyfan37]

I feel so bad for Nic and Markus.

[RGV Pony]

My biggest problem with the whole thing:

Raise your hand if in the last year since this stuff has been afoot you heard SMU say:

the simple fact is that the NCAA penalty structure mandates at minimum a one-year post-season ban for the level of misconduct that occurred

to hide behind it now...after having been mum on it for a year...well, it's hard not to call that chicken shxt

[SMU Section F]

I feel so bad for Nic and Markus.

No doubt. I'm not sure it's even possible at this point, but I'd be 100% OK with either/both of them transferring...

I do agree with the decision though - albeit grudgingly - because a postseason ban does seem to be the prescribed punishment for something of this nature and delaying it could cause additional damage. It'll make this bitter pill easier to swallow if we can get some of the scholarship reductions lifted.

Wonder what the affect on attendance will be? I know my wife and I will still be at every game.

[DanFreibergerForHeisman]

My biggest problem with the whole thing:

Raise your hand if in the last year since this stuff has been afoot you heard SMU say:

the simple fact is that the NCAA penalty structure mandates at minimum a one-year post-season ban for the level of misconduct that occurred

to hide behind it now...after having been mum on it for a year...well, it's hard not to call that chicken shxt

Especially in the wake of the ticket price increases.

[gostangs]

it will definitely take some of the buzz out of the building, and will negatively effect revenue. It is the wrong decision. If you think the decision is too harsh, then you appeal the post season. It is there in black and white as one of the reasons to appeal. We are a bunch of little soliders while everyone else runs circles around us.

[Pony ^]

awful

[mrydel]

My guess is that Brown already is aware of certain transfers that will occur and doubts we would make the tourney in light of that. Just speculation on my part.

[SMU 86]

One of the best teams we have had at SMU and they did not fight for them to at least play in the post season this year.

[gostangs]

exactly. We aren't going to have strong recruiting anyway with this happening so recently, so we are trading a sure thing for a "not likely". ONLY excuse is if we know someone is transferring right now regardless.