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College Sports, Education

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

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 summarize the circumstances when an individual’s rules-violation is not considered to be due to a lack of institutional control (as contained in the NCAA-published Principles of Institutional Control document).

According to the NCAA Division I Committee on Infractions, a college or university “cannot be expected to control the actions of every individual who is in some way connected with its athletics program”. Thus, the committee determined that a “deliberate or inadvertent violation of a rule by an individual who is not in charge of compliance with rules that are violated will not be considered to be due to a lack of institutional control:
• if adequate compliance measures exist;
• if they are appropriately conveyed to those who need to be aware of them;
• if they are monitored to ensure that such measures are being followed; and
• if, on learning that a violation has occurred, the institution takes swift action”.

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

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About Michael L. Buckner, Esquire

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

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