Infractions committee looks familiar to UNLV
Monday, June 19, 2000 | 2:50 a.m.
When UNLV's men's basketball program defends itself in August against alleged NCAA rules violations, the school will be judged by peers, not NCAA personnel.
To those who suspect the NCAA has a long memory about the Rebels, that might sound like good news.
But in reality, the NCAA infractions process is essentially the same as in 1993 when the Rebels were put on three years probation for the improper recruitment of Lloyd Daniels. And two of the men who levied that punishment are still on the Committee on Infractions, including the chair.
Though the Rebels' official response to the current allegations admitted a series of violations it regards as secondary, six men and two women on the Committee on Infractions will be charged with making those determinations after hearing UNLV's case Aug. 11-13 in Beaver Creek, Colo.
Their most vital decision will be whether to penalize the Rebels for the actions of booster Dr. David Chapman, a Las Vegas dentist who admitted to the NCAA he provided cash and extra benefits to former UNLV recruit Lamar Odom in 1997.
Chapman and UNLV maintain that the benefits came after the school released Odom from his letter of intent on July 24, 1997, mitigating UNLV's responsibility. But Odom told the NCAA he started receiving cash from Chapman immediately after he arrived in Las Vegas in June 1997 and enrolled in a summer class at UNLV.
The NCAA doesn't view that question as hair-splitting, and the infractions committee's decision could be the difference between major penalties against the Rebels as "repeat violators" and lesser sanctions such as limits on scholarships, recruiting and TV appearances.
"We believe quite strongly after reviewing the evidence that (the repeat violator rule) should not apply in this case," UNLV athletic director Charlie Cavagnaro said.
Two veteran committee members might have a better read on that than the other six. Jack H. Friedenthal, a George Washington University law professor, and Richard J. Dunn, a University of Washington English professor, were on the six-person committee in 1993 that placed the Rebels on probation through Nov. 9, 1996. Friedenthal is now committee chair.
The committee is comprised of six representatives from Division I institutions and two lawyers. The other Division I members are: Alice Gresham Bullock, dean, Howard University School of Law; Gene A. Marsh, University of Alabama law professor; Josephine R. Potuto, University of Nebraska law professor; and Thomas E. Yeager, commissioner of the Colonial Athletic Association.
The lawyers are James Park Jr. of Lexington, Ky., and Frederick B. Lacey of Newark, N.J.
"It's entirely a peer-group committee," NCAA spokesman Wally Renfro said. "There are no NCAA staff members on it."
Committee members are named to a three-year term, but can be reappointed for additional terms, not to exceed nine years total.
The NCAA this year added a ninth committee position, but in a non-voting capacity. That member, University of Wyoming law school dean Jerry Parkinson, will serve as an observer and liaison to the separate four-member Infractions Appeals Committee, in case the Rebels appeal any penalties.
Cavagnaro and UNLV coach Bill Bayno said they aren't worried by the makeup of the committee, or that it will be influenced by what some regard as the program's outlaw reputation stemming from the previous cases in 1993 and the mid-70s.
"There's some perception of that, but I don't really find that," Bayno said. "I feel we will get a fair shake."
Cavagnaro said, "I think we will be treated with the utmost fairness and civility. I've always been impressed with that part of the NCAA structure. Even though I have never really dealt with these committee people in specific -- I know Tom Yeager some -- we will get a chance to present our case. That's all you can ask for."
Messages seeking comment from Dunn were not returned, and Friedenthal also couldn't be reached.
Now that UNLV has filed its response, it awaits a prehearing conference that will take place in early July. Two weeks later the university will receive a case summary officially outlining the allegations, the positions of the respective parties and any other remaining issues.
At the hearing, UNLV will be represented by attorney Michael Glazier, who prepared the 122-page response released by the university last week. Glazier, of the Overland Park, Kan., law firm of Bond, Schoeneck and King, will present UNLV's case, and the NCAA will present evidence gathered by its enforcement staff during a two-year investigation.
Afterward, the Committee on Infractions will deliberate by conference call for the next four to six weeks, then the penalties will be announced approximately Oct. 1.
Steve Addy
covers college basketball for the Las Vegas Sun. Reach him at 259-4087 or addy@lasvegassun.com.
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