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Publish date: Mar 9, 2012

Georgia Tech appeal upheld

NCAA.org

The findings and vacation of records penalty for the Georgia Institute of Technology case have been upheld, according to a decision by the NCAA Division I Infractions Appeals Committee.

As part of its infractions case, the institution was cited for preferential treatment violations, a lack of cooperation during the investigation and a failure to meet the conditions and obligations of membership.  Georgia Tech appealed the failure to cooperate and conditions of membership violations, as well as the vacation of records penalty.  Other penalties in the case included a $100,000 fine, recruiting restrictions and four years of probation.

Public Report

Read the Georgia Tech public report here.

In its appeal, Georgia Tech asserted the vacation of records penalty was not warranted based on its contention that it did not gain a competitive advantage, among other factors.  After a comprehensive review of the case, the Infractions Appeals Committee found the facts of the case did support the findings of violations.  The Infractions Appeals Committee also found it speculative to state a competitive advantage was not gained and the penalty was appropriate in this case.

In considering the institution’s appeal, the Infractions Appeals Committee reviewed the notice of appeal; the transcript of the institution’s NCAA Division I Committee on Infractions’ hearing; and the written submissions by both the institution and the Committee on Infractions.

The Division I Infractions Appeals Committee is an independent group comprised of representatives across NCAA membership and the public. The members of the committee who heard this case were:  chair David Williams, vice chancellor for university affairs, general counsel and secretary of the university and a law professor at Vanderbilt University; Susan Cross Lipnickey, health studies professor and the faculty athletics representative at Miami University (Ohio); Jack Friedenthal, professor of law at George Washington University; Patti Ohlendorf, vice president for legal affairs at University of Texas at Austin; and W. Anthony Jenkins, attorney, Dickinson Wright PLLC.