NCAA will review Redhawks' penalties

~ A committee will decide if further sanctions are required for violations by the Southeast women's basketball program.

Southeast Missouri State may be less than a month away from wrapping up its business with the NCAA regarding violations committed by the university's women's basketball program.

But the university also should learn next month if the NCAA is going to penalize the progam further. In a letter from the vice chair of the NCAA's Committee on Infractions dated Monday, the university was informed that further penalties may include vacating the program's victories.

The letter was not specific about a period of time that may be affected.

The Southeast women's basketball team won the Ohio Valley Conference tournament championship in the 2005-06 and 2006-07 seasons and represented the OVC in the NCAA tournament both seasons. The Redhawks tied for the league's regular-season title in 2005-06 and won it outright this past season.

During the middle of the 2006 season, the university asked the OVC commissioner's office to investigate potential violations. That process, which the NCAA joined in February 2006, finally may be coming to a conclusion.

Josephine Potuto, vice chair of the Committee on Infractions and a professor at the University of Nebraska College of Law, wrote to the university that its case had been reviewed in the Aug. 10 through 12 meeting in Indianapolis.

"The committee accepted the finding of facts contained in the report," Potuto wrote, "but has decided that a further review of the penalties in this case is appropriate."

Southeast Missouri State last summer publicly acknowledged infractions in seven areas and sanctioned the program, based on information in a preliminary report compiled by The Compliance Group on behalf of the OVC.

Included in the sanctions were a reduction of scholarships for the program from 15 to 12 for the 2006-07 academic year and a reduction in the number of recruiting days for the coaching staff.

Since the time of that action by the university, B.J. Smith resigned as the program's head coach -- early in the 2006-07 season after he had been suspended by the university -- and was replaced by John Ishee.

University president Dr. Kenneth Dobbins and Southeast athletic director Don Kaverman both have said recently they believe the university's sanctions reflected the serious nature of the violations.

In Potuto's correspondence, she indicated the committee would revisit the case at its next meeting, set for Oct. 5 through 7.

"Shortly after that meeting, the committee will contact you with its decision regarding possible additional sanctions," Potuto wrote. "At this time, it appears the only question regarding additional penalties is limited to whether a vacation of records [wins] would be appropriate in this case."

Stacey Osburn, a spokeswoman for the NCAA, said the committee in the past has vacated the records of programs. In a recent high profile case, the University of Oklahoma football program this summer was penalized by being forced to vacate its wins -- including a bowl victory -- during the 2005 season. The university is appealing.

"It depends on the individual circumstances of the case," Osburn said. "There have been cases in the past involving ineligible student-athletes where the records were vacated. It is possible, but it's hard to speculate without the specifics of the case."

Osburn said the NCAA policy is not to comment on specific cases while they are pending.

Kaverman said Tuesday he did not believe the university had a situation that involved an ineligible student-athlete involved in competition for the women's basketball program. Osburn said the NCAA can consider any student-athlete who receives improper benefits ineligible from the moment those benefits are received.

Southeast's violations, as the university reported last summer, included inappropriate transportation for prospective and enrolled student-athletes and inappropriate housing arrangements, but no members of the 2006-07 team were declared ineligible as a result of the violations.

The university will have the opportunity to submit a response if the committee opts for the additional penalty, the correspondence said.

Kaverman said he was not disappointed at a correspondence that hinted at the potential for more penalties for the program but welcomed the "courtesy letter" that gave some update on the process.

"I can't say that I'm disappointed or otherwise; I'm not conversant with the process," Kaverman said. "I have not been through this before, and I don't have intimate knowledge of the process to know if this is routine."

University officials believed its case had been reviewed at the August meeting, but had no information to release until the letter arrived this week.

"I think the important thing is that the committee is still deliberating the penalties but they substantially accepted the findings of the report," Kaverman said.

The report was reached by consensus by The Compliance Group on behalf of the university, Smith and the NCAA's enforcement group in the summary disposition process. It was forwarded to the Committee on Infractions for acceptance or further action.

The letter from the committee was not clear what time frame would be considered for the possible vacating of records and what ramifications that may have on the program‚s recent accomplishments, including its NCAA tournament berths.

The conference likely would have the ability to supplement any action taken by the NCAA on vacating records to ask that conference championships also be vacated. OVC commissioner Dr. Jon Steinbrecher will not be available until later in the week to comment on that.

One of the bylaws cited by the NCAA in the letter may penalize an institution financially for the use of ineligible student-athletes, such as the reimbursement of expenses or funds related to an NCAA tournament appearance, Kaverman said.

"I don't believe that bylaw is applicable," he said.