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Publication Date: April 25, 2002

Chapter 7

Athletics

7.2 Investigating Potential NCAA Violations

  1. Reporting Violations

    1. The University of Texas at San Antonio encourages all individuals who have information related to a possible violation of NCAA rules to report them to the Athletic Director or the Director of Athletic Compliance.

    2. If a coach or administrator discovers a possible violation or if a possible violation is reported to them, the coach or administrator shall notify either the Athletic Director or the Director of Athletic Compliance of the alleged violation.

  2. Secondary Violations

    1. The Director of Athletic Compliance will determine if the alleged violation is considered secondary or major. As per NCAA Bylaw 19.02.2, a secondary violation is one that is isolated or inadvertent in nature, provides or is intended to provide only a minimal recruiting, competitive or other advantage and does not include any significant recruiting inducement or extra benefit. All violations other than secondary violations are major violations. If the alleged violation is secondary, the Director of Athletic Compliance will conduct an investigation seeking all evidence that may tend to corroborate the allegation as well as to refute it.

    2. If a violation is found, the Director of Athletic Compliance will prepare a written report and submit the report to the Southland Conference, as well to the Faculty Athletic Representative and Vice President for Business Affairs. If circumstances allow, the written report will be submitted to the Southland Conference within 30 days of the initial report of the violation.

    3. The Southland Conference will then notify the NCAA of the violation and any penalties or corrective actions.

    4. The Athletic Director and the Director of Athletic Compliance will notify all the appropriate parties of the findings of both the Southland Conference and the NCAA. The Athletic Director and the Director of Athletic Compliance will implement any penalties or corrective actions.

  3. Major Violations

    1. 1. The Athletic Director and the Director of Athletic Compliance will determine if the alleged violation is considered to be a major violation. As per NCAA Bylaw 19.02.2, a major violation is defined as a violation not considered secondary, specifically including those that provide an extensive recruiting or competitive advantage.

    2. If the alleged violation is major, the Athletic Director and Director of Athletic Compliance will meet with the institutional representative to determine the steps necessary to investigate the allegation, including reviewing documents and conducting interviews as necessary. The NCAA and Southland Conference will be notified immediately after it is determined that the alleged violation is potentially a major violation. Evidence will be gathered that may tend to corroborate the allegation as well as to refute it. If necessary, a member of the UT System Office of General Counsel will be contacted to protect the integrity of the investigation.

    3. If a violation is found, the Athletic Director, the Director of Athletic Compliance and the institutional representative will prepare a written report and submit the report to both the Southland Conference as well as to the NCAA. If circumstances allow, the written report will be filed within 30 days of the initial report of the violation. The written report will include any penalties or corrective actions. Depending on the severity of the alleged infraction, the individual(s) involved may be suspended pending the outcome of the investigation.

    4. The Athletic Director will notify the appropriate parties of the findings of the Southland Conference and the NCAA. It is the responsibility of the Athletic Director and the Director of Athletic Compliance to implement any penalties and/or corrective measures.

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