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College Sports, Education

Boise State-NCAA Enforcement Investigation: Analysis of Institutional Control-Part II

In response to media reports concerning the recent filing of Boise State University’s response to the NCAA notice of allegations, we continue a multi-part series on the concept of “institutional control”. According to several media organizations, the NCAA enforcement staff alleged Boise State lacked institutional control over its athletics program. The institution’s enforcement case also includes other allegations of major and secondary rules-violations involving several sports, including football. The institution will participate in a hearing before the NCAA Division I Committee on Infractions this summer. Today’s entry in the series will provide examples (as contained in the NCAA-published Principles of Institutional Control document) of when a college or university lacks institutional control.

1. A person with compliance responsibilities fails to establish a proper system for compliance or fails to monitor the operations of a compliance system appropriately.
2. A person with compliance responsibilities does not take steps to alter the system of compliance when there are indications the system is not working.
3. A supervisor with overall responsibility for compliance, in assigning duties to subordinates, so divides responsibilities that, as a practical matter, no one is, or appears to be, directly in charge.
4. Compliance duties are assigned to a subordinate who lacks sufficient authority to have the confidence or respect of others.
5. The institution fails to make clear, by its words and its actions, that those personnel who willfully violate NCAA rules, or who are grossly negligent in applying those rules, will be disciplined and made subject to discharge.
6. The institution fails to make clear that any individual involved in its intercollegiate athletics program has a duty to report any perceived violations of NCAA rules and can do so without fear of reprisals of any kind.
7. A director of athletics or any other individual with compliance responsibilities fails to investigate or direct an investigation of a possible significant violation of NCAA rules or fails to report a violation properly.
8. A head coach fails to create and maintain an atmosphere for compliance within the program the coach supervises or fails to monitor the activities of assistant coaches regarding compliance.

Contact Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) for more information on institutional control and strategies to maintain NCAA rules-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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