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College Sports, Division I

Suspension of Texas Men’s Basketball Student-Athlete Myck Kabongo and Appellate Rights Moving Forward

On December 20, 2012, Yahoo! Sports reported University of Texas men’s basketball student-athlete Myck Kabongo will be suspended by the NCAA for the rest of the season. Kabongo, who has been withheld by the institution during the investigation, was being investigated for potential receipt of extra-benefits from basketball agent Rich Paul, who represents NBA superstar LeBron James.

While the receipt of extra-benefits will normally result in the student-athlete repaying the benefit amount and receiving the corresponding withholding penalty, it is believed this case is more severe because Kabongo may have provided inaccurate information to NCAA investigators when he was interviewed during the investigation, which would be an NCAA Bylaw 10.1-(b) violation. NCAA Bylaw 10.1-(b) states “[u]nethical conduct by a prospective or enrolled student-athlete or a current or former institutional staff member, which includes any individual who performs work for the institution or the athletics department even if he or she does not receive compensation for such work, may include, but is not limited to, the following: (d) [k]nowingly furnishing or knowingly influencing others to furnish the NCAA or the individual’s institution false or misleading information concerning an individual’s involvement in or knowledge of matters relevant to a possible violation of an NCAA regulation.

If a decision has been made, as believed in the report, the institution may still go through the appeals process to have the withholding penalty reduced or removed. An institution may appeal a decision of the student-athlete reinstatement staff to the NCAA Committee on Student-Athlete Reinstatement. The committee is comprised of representatives from NCAA institutions and athletics conferences. The committee possesses final authority for all reinstatement decision appeals. The committee can reduce or remove the reinstatement conditions, but it cannot increase the conditions imposed by the reinstatement staff.

The full article can be found here.

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About Justin P. Sievert, Esquire

Bar Admissions (North Carolina, Florida and Tennessee) Practice Area (College Sports Law)

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