University of Alabama Responds to NCAA’s Ruling on Appeal

TUSCALOOSA, Ala. – The NCAA Division I Infractions Appeals Committee has upheld the vacation of records penalty for the University of Alabama originally announced by the NCAA in June 2009 when the NCAA Division I Committee on Infractions penalized Alabama for major violations involving 16 sports in its athletics program.  The NCAA’s vacation of records penalty directly affected team and individual outcomes in sports in which UA student-athletes determined to be intentional wrongdoers competed – football, track, and men’s tennis.

(View the NCAA Division I Infractions Appeals Committee Report – PDF) 

“The Appeals Committee acknowledged that their decision in our case is not consistent with the NCAA’s prior textbook and vacation-of-wins cases, which was the heart of UA’s appeal,” said Dr. Robert E. Witt, President of the University of Alabama. “Despite that acknowledgement, however, the Appeals Committee did not find an abuse of discretion. We are disappointed by the committee’s inconsistent decision given the negative impact the decision has on hundreds of uninvolved student-athletes and their coaches.”

“We’re very disappointed because the Committee missed an excellent opportunity to follow its precedent set in recent cases, the precedent we followed due to the nature of the case,“ said Mal Moore, UA Director of Athletics.  “We have thoroughly addressed the situation and have taken corrective measures. We are eager to move forward while continuing to build a program that not only is successful on the field, but also reflects the values of our University.”

The violations included a failure to monitor by the university and impermissible benefits obtained by student-athletes through misuse of the university’s textbook distribution program. Penalties include three years’ probation for the entire UA athletic program for a period extending from June 11, 2009, to June 10, 2012; vacation of records in football, track, and men’s tennis, and a $43,900 fine.

The university appealed only the vacation of records penalty. In its appeal, the university argued that the vacation of wins penalty was excessive because it was an abuse of discretion by the Committee on Infractions, as it did not consider the university’s cooperation. The university also argued that the penalty was inconsistent with past cases which included a vacation of records and did not follow previous textbook case precedent.

Due to the affirmation of the ruling, the University of Alabama football team will vacate 21 victories achieved between 2005 and 2007:

2005: Middle Tennessee, Southern Mississippi, South Carolina, Arkansas, Florida, Mississippi, Tennessee, Utah State, Mississippi State, and Texas Tech (Cotton Bowl).

2006: Hawai’i, Vanderbilt, Louisiana-Monroe, Duke, Mississippi, and Florida International.

2007: Western Carolina, Vanderbilt, Arkansas, Houston, and Mississippi.

Also, individual records of intentional wrongdoers in track and men’s tennis will be vacated, and team point totals adjusted accordingly.

Vacation of these victories does not result in a loss (or forfeiture) of the affected contests, nor does it imply a victory for Alabama’s opponent for records purposes.  The vacation of wins penalty does not affect any of the football games in the University’s national championship season.

No other team contest outcomes were affected by this ruling.