INDIANAPOLIS – Rule-breakers beware: The NCAA is now holding everyone more accountable with harsher punishments.
More than a year after hammering Penn State for Jerry Sandusky’s crimes and nearly six months after shaking up the enforcement division because of a self-inflicted scandal, the governing body cast aside its outdated two-tiered penalty structure and deliberative hearing process in favor of new policies that could result in the suspension of coaches and more consistent punishments for major infractions.
The new rules, approved in October, officially took effect Thursday.
I think they’ve certainly changed the equation a lot, NCAA President Mark Emmert told The Associated Press. So those doing risk-reward analysis, we’ve just upped the ante on risk, and I think that will have a material impact on people’s behavior.
Emmert called for tougher measures to go into effect two years ago during a presidential summit in Indianapolis.
Getting tough on cheaters is something most college leaders have rallied around.
Instead of categorizing infractions as major or secondary, there will now be four categories. Punishments will be reduced or toughened based on whether there are mitigating or aggravating circumstances. Teams or schools found to be in serious breach of conduct with aggravating circumstances could face severe penalties, if not those approaching Penn State’s unprecedented sanctions (four-year postseason ban and a $60 million fine).
Head coaches will find themselves under more scrutiny. By changing the burden from presumption of knowledge to presumption of responsibility, head coaches could now be suspended for up to one full season if any member of their staff commits a serious rules infraction.
The changes will not affect cases that have already been heard, such as the pending case against the University of Miami, and schools that are found to have committed infractions before the board’s vote Oct. 30 will be processed under the new structure but will face penalties under the previous structure. Infractions that occurred after Oct. 30 or both before and after will face the new punishments.
It’s insufficient to say, I didn’t have any idea of what’s going on here,’ Emmert said. When you think about the people at the highest level and who impact this the most, it’s the people who are most directly involved. So the coaches have a responsibility to set the tone in that room on a daily basis, and if they are not, then they will be held accountable.
The infractions committee will look different, too.
The NCAA has already increased the number of committee members from 10 to 18 and could add up to six more. Emmert and the board believe that will split the workload, allow smaller groups to conduct roughly twice as many hearings each year and expedite a decision-making process that has long been criticized as being far too slow.
For the first time, former college coaches, such as Lloyd Carr and Bobby Cremins, and former university presidents, such as Michael Adams and Carol Cartwright, will hear cases, ask questions and make decisions, too.
The NCAA is still facing a number of challenges, including a federal lawsuit in California many believe could change college sports.
Video game suit
On Wednesday, the 9th U.S. Circuit Court of Appeals said video game maker Electronic Arts can be sued by college players who claim the company unfairly used their images without compensation. The lawsuit aims to represent all current and former players and has been combined with a similar suit filed by former UCLA basketball star Ed O’Bannon against the NCAA.
The main thing is that this takes away their principal defense and leaves them with what I think is a pretty weak defense, said Rob Carey, a partner at the law firm Hagens Berman Sobol Shapiro in Seattle, a firm that represents the players. They know what it is and they pretended it was like this little narrow thing, and I don’t think a jury will react well to that.
Emmert declined to talk specifically about the lawsuit or Wednesday’s ruling, though he did say losing in the courts would have a dramatic impact on college athletics.
Over the past few weeks, several power-conference commissioners complained about NCAA governance. Emmert has spent the summer talking with those commissioners, and he acknowledges changes need to be made.
Potential solutions are to be discussed at next week’s board of directors meeting, though Emmert does not expect a vote on any changes until at least next August. He has also called for a January summit.