POSTED: Tuesday September 29th 2009
FOR IMMEDIATE RELEASE

Professors’ Independent Analysis Supports Law Firm Study that Concludes HBCUs Receive Harsher NCAA Penalties

A formal statistical analysis conducted by two college professors substantiates the Michael L. Buckner Law Firm’s preliminary study that concludes HBCUs receive on average longer NCAA probation penalties than other Division I schools.

Pompano Beach, FL, September 29, 2009—After reading the NCAA’s claim that the Michael L. Buckner Law Firm’s recent NCAA probation penalty study was “unsubstantiated” and failed to test “against standard statistical criteria”, two college professors decided to review the data and subject it to a formal statistical analysis. On September 25, 2009, Fort Lewis College professors Dr. Eric L. Huggins and Chuck Yoos conducted a t-test, which found “a highly significant difference, p = .003; that is less than one third of one percent (3 out of a thousand) chance” that the higher probation penalties the NCAA imposed against historically Black colleges and universities (HBCUs) “happened randomly”. The professors indicated “the statistical test cannot explain why there is a significant difference, just that there is one”. The professors also noted “the [number] of HBCU schools receiving penalties is small (n = 6)” but “it isn’t a sample…it’s the population” and “the t-test calculation adjusts for the sample size.” The professors concluded the NCAA’s “claim that the result is invalid because of the small sample size is, well, an invalid claim.” The professors contacted the Michael L. Buckner Law Firm and asked permission to use the data to run the independent analysis to provide their students “’real world’ (v. textbook) examples of stats in action”.

The professors’ analysis followed-up a September 22, 2009, release of the Michael L. Buckner Law Firm study on NCAA probation penalties. The study used the mean (average) of probation penalties imposed by the NCAA Division I Committee on Infractions over a 56-month period (January 1, 2005, to September 2, 2009). The study concluded the NCAA issued an average 3.83-year probation penalty to HBCUs while imposing an average 2.54-year probation penalty on all Division I schools (excluding HBCUs). The NCAA objected to the study in a September 24, 2009, press release.

The professors are experienced with conducting statistical analyses. Dr. Eric L. Huggins is an associate professor of management in the Fort Lewis College School of Business Administration. Dr. Huggins has taught courses in Operations Management, Business Statistics and Business Calculus. Dr. Chuck Yoos is a visiting professor of management in the Fort Lewis College School of Business Administration and a professor emeritus at the United States Air Force Academy. Dr. Yoos has taught courses in Ethical Issues in Business and Business Statistics.

The Michael L. Buckner Law Firm’s work in this area identified at least two reasons for the disparity:

• The allocation, or lack, of resources for a comprehensive rules-compliance program can impact the occurrence and severity of rules-violations.

• The failure to, or delay in, retaining an experienced investigator at the start of an enforcement investigation can influence the outcome of a case.

“The Michael L. Buckner Law Firm’s preliminary study was conducted to assist our small- to medium-sized school clients with navigating the NCAA enforcement process,” shareholder Michael L. Buckner stated. “We are pleased to see that our conclusion was supported through an independent statistical analysis. Due to limited resources, we believe small- to medium-sized schools, including HBCUs, should be savvy in addressing how to avoid NCAA rules-violations. For example, we advise schools to implement a comprehensive rules-compliance program, schedule regular rules-compliance audits, implement institutional control policies and install effective monitoring procedures.”

Buckner also noted: “The Buckner Law Firm welcomed the professors’ analysis as we wanted to respond to the NCAA’s concern over our alarming conclusion concerning the average length of probation penalties imposed on HBCUs compared with their Division I counterparts. As one of the few firms that specialize in assisting small- to medium-sized universities address complex NCAA enforcement investigations, our focus is on reducing the frequency of schools with cases in the enforcement process.”

The Michael L. Buckner Law Firm is a boutique law firm that assists university presidents, general counsel and athletic directors with addressing complex NCAA enforcement investigations and appeals concerning academic fraud, amateurism, eligibility, unethical conduct and institutional control. The Michael L. Buckner Law Firm website and resource center can be located at: www.michaelbucknerlaw.com

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Keywords · NCAA · infractions · enforcement · investigations · athletics · sports · BCS · FBS · FCS · HBCU · statistical analysis · professor

Name: Michael Buckner
Organization: Michael L. Buckner Law Firm
Email:
Phone: 954-941-1844
URL: http://www.michaelbucknerlaw.com

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