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College Sports, Education

Boise State University Responds to NCAA’s Lack of Institutional Control Allegation

Boise State University filed its response to the NCAA notice of allegations on April 25, 2011, and answered a charge that the institution lacked control over the intercollegiate athletics program. According to an Idaho Statesman article, the NCAA also alleged a major violation after the institution “reported a host of secondary violations across five sports dating to 2005 and an alleged major violation by the former women’s tennis coach in 2010”. Boise State will appear before the NCAA Division I Committee on Infractions on June 10, 2011, in Indianapolis, Indiana. The committee will determine whether violations occurred and, if so, issue penalties.

The inclusion of a lack of institutional control allegation has been rare in major-enforcement cases in recent years. In fact, the NCAA has determined institutions committed the lesser violation, failure to monitor, in approximately 60 percent of major-enforcement cases in the last 15 months. In the Boise State case, according to the Idaho Statesman, the NCAA alleged “the scope and nature of the violations set forth in this matter demonstrate that the institution lacked institutional control so that in critical areas of NCAA compliance the institution failed to (a) implement and monitor policies and procedures to ensure compliance with NCAA housing, transportation and benefit regulations; (b) provide adequate rules education and training to coaches and staff members to ensure compliance with NCAA legislation; and (c) monitor and evaluate its athletics program to detect, deter and report instances of NCAA violations”.

Institutions that demonstrate institutional control ensure four elements exist in the athletics program:

•Compliance systems.
•Commitment to compliance.


About Michael L. Buckner, Esquire

An attorney who provides clients with internal investigation, civil litigation, estate planning and compliance services.


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