https://www.ncaa.org/sites/default/files...al_web.pdf
Stakeholders informed the Commission that when the stakes are high, colleges
are not complying with the NCAA’s shared governance and cooperative principles
and NCAA rules often are not enforced. Specifically, the NCAA’s investigative and
enforcement powers are inadequate to effectively investigate and address serious
violations of NCAA rules in consequential situations. No stakeholder supported the
current system for handling high-stakes infractions. Many informed us that when the
U.S. Attorney’s Office announced the charges that led to this Commission, the reaction
was that “everyone knows” that these payments occur. That state of affairs – where the
entire community knows of significant rule breaking and yet the governance body lacks
the power or will to investigate and act – breeds cynicism and contempt.
The NCAA’s investigative and enforcement processes require a complete overhaul.
Complex cases must be thoroughly investigated, and resolved by neutral professional
adjudicators, with authority to impose punishment that will have a significant deterrent
effect. The investigative arm must be independent and empowered to require
the cooperation of witnesses and the production of documents, including financial
information, from NCAA member institutions and their employees and contractors, with
significant penalties for non-cooperation. In addition, these and all NCAA investigators
must exercise reasonable prosecutorial discretion and common sense so that resources
are focused on serious infractions and punishment is appropriately calibrated and
consistently administered. There are multiple examples of minor infractions that are not
worth the time and effort that the NCAA now spends on them.
Volunteers who are members of fellow NCAA member institutions should not
resolve cases. Instead, a panel of professional adjudicators, appointed for a term of
years, must make final and binding decisions and must have the authority to impose
substantial punishments, including the loss of post-season play and the revenues from
post-season play. To restore credibility to this process, the investigation, enforcement
and resolution of high stakes cases must be placed in the hands of independent
professionals and neutrals.
--------------------------
Uh Oh - The Commission just recommended Kennesaw Mountain Landis mode.