POSTED: Monday May 24th 2010
FOR IMMEDIATE RELEASE

The Michael L. Buckner Law Firm Presents: Applying the Alabama State University Standard of Review

Collegiate Administration Best Practices

For athletics administrators and educational professionals attending sessions pertaining to the major enforcement process at the 2010 NCAA Regional Rules Seminars, the NCAA staff will refer to the new appellate standard of review developed in the 2009 Alabama State University appeals case.

As legal counsel for Alabama State during the case, the Michael L. Buckner Law Firm is pleased to offer recommendations on how to apply the appellate decision if your institution participates in a hearing before the Divisions I, II or III Committee on Infractions.

BACKGROUND OF THE ALABAMA STATE STANDARD

On June 30, 2009, the NCAA Division I Infractions Appeals Committee reduced from five years to three years Alabama State’s probation imposed by the NCAA Division I Committee on Infractions in 2008. [You can contact us (mbuckner@michaelbucknerlaw.com) to obtain a copy of the appeals report.] Alabama State is the first (and only) NCAA member institution to obtain a penalty reduction under the abuse-of-discretion standard of review (NCAA Bylaw 32.10.4.1), which was adopted in January 2008.

On appeal, Alabama State asserted the five-year probation imposed by the Committee on Infractions was “excessive and constituted an abuse of discretion” per Bylaw 32.10.4.1. Alabama State proposed a three-part test to implement the new standard of review in the appeals process. The Infractions Appeals Committee adopted Alabama State’s three-part test and added two prongs. As a result, the Infractions Appeals Committee determined that an abuse of discretion in the imposition of a penalty occurs if the penalty:

· was not based on a correct legal standard or was based on a misapprehension of the underlying substantive legal principles;

· was based on a clearly erroneous factual finding;

· failed to consider and weigh material factors;

· was based on a clear error of judgment, such that the imposition was arbitrary, capricious, or irrational; or

· was based in significant part on one or more irrelevant or improper factors.

APPLICATION OF THE STANDARD TO YOUR INSTITUTION’S INFRACTIONS CASE

· Research NCAA case precedent and legal standards most relevant to the issues in your institution’s enforcement case.

· Develop sufficient facts during the institution’s internal investigation that address relevant NCAA case precedent and legal principles.

· Identify any material factors in the case (based upon the facts developed during the internal investigation).

· Create a comprehensive appellate record, including: a) articulate the material factors in the case; and b) apply the facts of the case to the relevant NCAA case precedent and legal standards (through the institution’s written response to the notice of allegations and infractions hearing presentation).

Please contact attorney and private investigator Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) for more information on conducting internal investigations.

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Issues of Collegiate Administration Best Practices can be downloaded on the “Best Practices and Information Nuggets” page of the Michael L. Buckner Law Firm website (http://www.michaelbucknerlaw.com).

You can contact Michael L. Buckner, Esquire, P.I., (954-941-1844; mbuckner@michaelbucknerlaw.com) if you have any questions on this issue or need to address a complex NCAA enforcement investigative or appellate issue.

The Michael L. Buckner Law Firm, a boutique legal and investigative firm, assists college and university presidents, general counsel and athletic directors address complex NCAA enforcement investigations and appeals. The law firm website can be found at http://www.michaelbucknerlaw.com.

Michael L. Buckner Law Firm

1000 West McNab Road, Suite 181

Pompano Beach, Florida 33069

(954) 941-1844 (Office)

(954) 735-4204 (Facsimile)

mbuckner@michaelbucknerlaw.com (E-mail)

http://www.michaelbucknerlaw.com (Website)

This electronic newsletter, including the information contained therein, is not endorsed or published by the National Collegiate Athletic Association, National Association of College and University Attorneys or the organizations’ representatives, but is a legal advertisement from the Michael L. Buckner Law Firm (which is not affiliated with the NCAA or NACUA). Any questions concerning this communication should be directed to Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com).

The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send free written information about our qualifications and experience.

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Keywords · Michael Buckner Law · NCAA · college sports

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

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