Proactively Avoiding the NCAA Enforcement Process
College coaches can proactively avoid the National Collegiate Athletic Association (“NCAA”) enforcement process. A judicious college coach works both during the season and in the off season to prevent violations from occurring.
One of the most strategic and shrewd ways to prevent violations is working with attorneys experienced and knowledgeable in NCAA compliance. During the period when a coach has no indication that a violation has occurred, an experienced attorney will provide the coach with the opportunity to proactively reduce violation risks in a number of ways. For example, the attorney can update the coach and his/her assistants regarding recent developments and changes with NCAA compliance. The attorney can also monitor the coach’s implementation of enforcement staff suggestions demonstrating “coach control.” In addition, an experienced attorney can serve as an additional resource for NCAA compliance advice.
This approach dramatically reduces the likelihood of unintentional NCAA rules violations, and helps the coach demonstrate an effort to “promote an atmosphere of NCAA rules compliance.” Consequently, if a violation still occurs in the coach’s program, the Committee on Infractions (“COI”) will be less likely to find a “lack of coach control” and more likely to mitigate the severity of the sanctions imposed upon the coach and program.
If a coach learns of a potential violation, an experienced attorney can help the coach properly report information, therefore meeting obligations under both NCAA bylaws and the coach’s employment agreement. If the information indicates a Level III violation, legal counsel can help the coach evaluate potential self-imposed penalties and propose those penalties to appropriate school leaders. If the information indicates a potential Level I or Level II violation, a legal expert can advise the coach on how to proceed to prevent new violations but not prejudice likely institutional or enforcement staff investigations and not appear to be covering-up existing violations. An experienced attorney can also educate the coach about the investigative process should a future violation occur and discuss potential courses of action.
The Diefenbach Group understands the NCAA infractions enforcement process and is here to help coaches proactively avoid the NCAA enforcement process and mitigate its negative consequences. Call the Diefenbach Group today and allow one of our experts to give you the tools you need to succeed.
