The National Collegiate Athletic Association makes it clear in its bylaws that student-athletes at NCAA member schools are expected to meet certain academic standards in addition, of course, to competing in athletics. The NCAA's very first principle in its Constitution is that student-athletes are “matriculated, degree-seeking students in good standing with their institutions.” The NCAA bylaws of all three of its Divisions (Division I, Division II, and Division III) set a number of academic standards that both prospective and enrolled student-athletes are expected to meet if they are to be eligible to become an NCAA student-athlete and to stay eligible once enrolled as a student-athlete.
In cases where student-athletes fail to meet the NCAA's academic standards, they can lose eligibility until the standards are met. In cases where the student-athlete misrepresents their academic record or violates an NCAA academic bylaw, the NCAA can take action against both the student-athlete and their school. If you've been notified that the NCAA is investigating you for violating one of the academic bylaws, contact the Lento Law Firm's Student Defense Team for help. Our NCAA Attorneys are ready to advise you about your situation and defend you against NCAA disciplinary actions. Call us today at 888.535.3686 or use our contact form to schedule a consultation with one of our experienced attorneys.
What Are the NCAA's Academic Standards?
At the most basic level, the NCAA's academic standards are quite easy to understand. There are, however, a number of exceptions and different types of scenarios that can apply and can make understanding how the standards apply to your particular situation more complicated.
Prospective student-athletes who have not yet enrolled must meet certain NCAA standards to be considered as an “Early Academic Qualifier” and as a “Qualifier” for Division I and Division II NCAA schools. Early Academic Qualifiers are students who have finished six semesters of high school, have passed at least 14 core courses, and have a minimum GPA in those core subjects of 3.0 (out of 4.0) for Division I schools and 2.5 for Division II schools. A “Qualifier” is a high school graduate who has passed 16 core courses and has a minimum GPA in those core classes of 2.3 for Division I schools and 2.2 for Division II schools. (Division III high school student-athletes must meet their prospective school's academic requirements, not the NCAA's.)
Depending on the NCAA Division that the student-athlete's school is a part of, there may be one or more exceptions to the academic eligibility bylaws for prospective student-athletes. Certain courses, such as English as a Second Language, may satisfy core course requirements, for example, as well as courses for students who have “education-impacting disabilities.” If you're a high school student unsure as to whether you meet the NCAA's academic standards for one or more schools you're considering, an experienced NCAA Attorney from the Lento Law Firm's Student Defense Team can help you determine how the NCAA would treat your eligibility based on your record and your target school or schools.
Once enrolled, student-athletes need to meet other standards. They're expected to remain in “good academic standing” and to show a certain amount of progress towards earning a degree. This means they need to meet the NCAA's grade point minimum, the course load minimum requirements, and their school's “progress-towards-degree” requirements. Student-athletes must also have received a certain number of hours of academic credit during past semesters to continue to be eligible during upcoming semesters.
Here, too, exceptions may apply. Student-athletes who participate in internships or cooperative education programs as part of their declared major can usually be exempted from having to show that they are enrolled in the minimum course load for the semester of their internship or co-op program. So-called “nontraditional course” that do not involve the usual “face-to-face” learning may also satisfy minimum enrollment requirements, under certain conditions. Student-athletes may also be able to take courses at more than one college at the same time, provided their “main” school accepts the credits and includes the courses in the student's transcript. Student-athletes with diagnosed “education-impacting disabilities” may have the minimum course load requirement waived. And those who are participating in Olympic, Paralympic, Pan American, or certain other international competitions can also have their course load requirements waived.
There are also grade-point average requirements. Division I student-athletes must have a minimum GPA that is anywhere from 90 to 100 percent of what their school's minimum GPA is to graduate, depending on their year of enrollment. Division II student-athletes must have at least a 2.0 GPA at the beginning of each fall term. Division III student athletes must meet their school's good standing requirements; the NCAA does not impose its own requirements on Division III schools.
What Do the NCAA Bylaws Say About Academic Misconduct?
The NCAA bylaws note that student-athletes “are expected to act with honesty and integrity in all academic matters.” The bylaws provide examples of academic misconduct: “any violation or breach of an institutional policy regarding academic honesty or integrity (e.g., academic offense, academic honor code violation, plagiarism, academic fraud).” This means that a student-athlete who is accused of academic misconduct by their school risks not only being disciplined by their school but also being disciplined by the NCAA. This can mean being declared ineligible to compete for their school and result in the loss of any athletic scholarship that they may have been awarded when they enrolled.
There are other ways that student-athletes can violate NCAA academic bylaws. In general, if a student-athlete receives any academic assistance that is not generally available to all students, that can be considered prohibited conduct that could result in the student-athlete being disciplined by the NCAA (though the school may also be disciplined as well). And if a student-athlete misrepresents their past grades or course accomplishments, alters or falsifies their transcripts or academic records, or does anything that results in an erroneous declaration of their eligibility, they can face discipline from the NCAA.
One problem that student-athletes face is that the NCAA academic standards are complicated and can be difficult to keep track of, particularly if one or more exceptions apply in your particular case. However, because maintaining your academic eligibility is absolutely key to you being able to compete as a student-athlete for your school, you need to pay very close attention to your academics to make sure you're meeting what can sometimes be confusing or complicated NCAA standards. If you have questions concerning your particular situation, checking with one of the experienced NCAA attorneys from the Lento Law Firm's Student Defense Team is one way to help make sure you're not in violation of the NCAA bylaws. And if you've been accused of doing so for any reason, including for violating the NCAA's academic bylaws, the Lento Law Firm's Student Defense Team can defend you throughout the entire process.
What is the NCAA Procedure for Investigating Alleged Academic Misconduct Allegations?
If the NCAA receives information suggesting that you have violated its academic bylaws, it may open an investigation into the matter or may ask your school to do so. Investigations can take a long time and will typically include a number of the following steps:
- A letter of inquiry sent from the NCAA to you and your school about the allegations against you, which will define the initial scope of the investigation
- You will almost certainly be interviewed by the NCAA investigator; others who may have knowledge about the allegations, including friends, family, school officials, and others may also be interviewed
- The NCAA will likely request documents from you and the school and may also require you to turn over your computer, mobile phone, emails, texts, and other information from your accounts that may relate to the allegations
- A search of any relevant publicly-available information may also be made; this can turn up public social media posts as well as other relevant information
- In some cases, the NCAA may make a physical inspection of a particular location if it is relevant to the allegations
- The NCAA is likely to have its own internal communications discussing your case and determining whether or to what extent NCAA bylaws may have been violated
- There is likely to be communication between the NCAA investigator and third parties about the allegations against you
NCAA investigators are not allowed to work “undercover;” they may not misrepresent their identity to anyone providing information in connection with an investigation.
Your school should receive copies of the information that the NCAA has gathered, at least after the NCAA has determined that disclosing the information to your school will not jeopardize the investigation.
The NCAA typically notifies the student-athlete and the school of how long it believes the investigation will take. Disciplinary investigations can continue for months, sometimes for over a year. In cases where things are moving too slowly, the NCAA or the student-athlete being investigated can ask to meet with the chair of the NCAA's Committee on Infractions to try to agree on ways to help the matter move forward more quickly.
NCAA investigations can be stressful, and if you are the person being investigated, you need to be careful when speaking to anyone from the NCAA about your case. Working with an experienced NCAA Attorney can make your life a lot easier and can help you make sure you protect yourself at every step of the process. At the Lento Law Firm, our Student Defense Team understands the NCAA's bylaws and its investigation procedures and will help protect your rights and defend you during the entire process.
The Importance of Cooperating With an NCAA Investigation
If you've been reported to the NCAA for alleged misconduct, you may believe you have the same rights that someone accused of committing a crime does, but in fact, as an NCAA student-athlete, you don't. The NCAA bylaws require you to cooperate with the NCAA's investigation of you or risk being sanctioned even before the investigation is complete. The bylaws contain a list of the kinds of behavior that the NCAA considers to be consistent with this obligation to cooperate. These include:
- Helping the NCAA gather documents and other information it says it needs during the course of the investigation
- Agreeing to be interviewed by the NCAA and promptly making yourself available for the interview
- Reporting any bylaw infractions you're aware of to the NCAA, including those committed by yourself or others
- Responding fully and truthfully to your interview questions
- Disclosing all information about the amateurism violation allegation against you to the NCAA
- Preserving documents and other information that may relate to the allegations made against you
- Giving the NCAA access to your mobile phone, computer, social media accounts, and communications that may have information relating to the academic misconduct allegations
- Instructing your NCAA Lawyer to cooperate with the NCAA's investigation
- Encouraging friends and family to also cooperate with the investigation to the extent they are asked to do so by the NCAA
Failing to cooperate with an NCAA investigation if you're a student-athlete can result in the NCAA sanctioning you even before the investigation is complete and even if the investigation relates to another student-athlete. As an NCAA student-athlete, you agree to follow the NCAA bylaws; this means that you agree that you will cooperate with the NCAA in any investigation, whether or not you happen to be the target. The NCAA can suspend you if it believes you're not cooperating, and its bylaws do not allow an appeal from that kind of suspension.
On the other hand, you can also choose to go above and beyond what's required when it comes to cooperating with the NCAA. The bylaws describe the concept of “exemplary cooperation,” which includes volunteering relevant information before you're asked to provide it, telling the NCAA about potential witnesses who may have information about the alleged academic bylaw violations, taking steps to correct any misunderstandings or mistakes that happened in connection with confirming your academic eligibility; and telling the NCAA about other potential bylaw infractions.
When a student-athlete exhibits “exemplary cooperation,” the NCAA can decide to use that as a “mitigating factor” to reduce the level of any penalty that the NCAA might otherwise impose on the student as a result of a finding that a bylaw infraction occurred. This is obviously something to consider if you believe you are in a situation where you could provide that level of cooperation, but it's also something to discuss with your NCAA Attorney.
The Lento Law Firm's Student Defense Team will help make sure you meet your cooperation obligations to the NCAA to avoid a situation where you're sanctioned even before your investigation is complete. In addition, we can help you decide whether providing exemplary cooperation is possible in your case and whether doing so can help you in the long run.
Interview Procedures During an Investigation
It's almost certain that if you're a student-athlete being investigated by the NCAA for violating the NCAA's academic bylaws you will be interviewed at some point by the NCAA's investigator. Your interview will be audio-recorded unless you object to the NCAA doing so. In that case, the interviewer will prepare a written summary of your testimony that may or may not accurately reflect what was asked and how you responded; generally speaking, having an audio recording of the interview is the best way to make sure both you and the NCAA have an accurate record of the interview.
You can also make your own recording of your interview, provided you notify the NCAA in advance that you intend to do so. Your NCAA Attorney will know how to do that within the deadline set by the NCAA's bylaws.
As the interviewee, you have the right to receive a copy of the NCAA's recording of your interview, as well as a written transcript. If the interview was not recorded but was summarized by the investigator, you will be able to review that summary through the NCAA's secure website or in person at NCAA headquarters. You'll need to confirm to the NCAA that you agree to follow any confidentiality requirements before you'll be allowed to review those materials.
Most importantly, you do have the right to have your NCAA Attorney present at your interview. This can be enormously helpful. Your attorney can help make sure that you only answer clear questions that you understand and that your responses are clear and understood by the interviewer. If you're under the age of 18, you can request that a parent or guardian also attend the interview; the NCAA may decline your request for various reasons.
Terminating an Investigation
At the close of the investigation, if the NCAA decides it has not uncovered evidence to support the bylaw allegations made against you, it can simply terminate the case with no charges being brought. This doesn't usually happen, of course, but it is possible.
Additional Information the NCAA Can Consider
In situations where there are court proceedings that may somehow relate to the bylaw infraction allegations brought against you, the NCAA can also consider relevant judicial rulings and evidence submitted to the court in the case.
Where you've refused to sit for an interview, provide documents, or respond to other requests from the NCAA during the investigation, the NCAA can treat your refusal like an admission that the information you would have provided would have supported the allegations against you. This is known as making “negative inferences,” and the NCAA bylaws specifically allow the NCAA to do this.
To avoid a situation where the NCAA takes your failure to produce materials as evidence to be used against you, work with an experienced NCAA Lawyer who can provide explanations to the NCAA of why you don't have responsive documents or other information requested by the NCAA. The goal is to do everything you can to avoid having the NCAA make a negative inference against you.
Formal Allegations Against a Student Athlete
After the investigation is finished, the NCAA will prepare a Notice of Allegations in those cases where the evidence supports allegations that you committed one or more bylaw infractions. The NOA will describe the charges against you, and you and your NCAA Attorney will have a chance to review the draft and provide a written response with arguments and evidence in your favor in response to that draft.
Most NCAA infraction cases are not resolved through a live hearing – only the most serious cases are. Instead, the matter is “heard” through what is called a “Limited Resolution” process. This can either involve a “Written Record Hearing” or a “Summary Disposition.” Your NCAA Attorney can explain the differences between these two proceedings to you as they apply to your case and can help you decide which one makes sense for your situation.
The Lento Law Firm's Student Defense Team has helped student-athletes from across the country defend themselves in NCAA investigations and against NCAA bylaw infraction cases. It's clear to our experienced NCAA Attorneys that student-athletes who have experienced representation will generally do much better in these cases than those who try to defend themselves or who retain lawyers who are not experienced with these kinds of cases. Our NCAA Lawyers understand the complex NCAA bylaws, the lengthy and detailed investigation process, and the procedures the NCAA uses to resolve bylaw infraction allegations. We're here to help you preserve your ability to compete, your academic future, and, where applicable, your athletic scholarship.
How Your NCAA Attorney Can Help
Working with an experienced NCAA Attorney means having someone by your side who has gone through what you're experiencing many times before, with many other student-athletes. Your attorney will explain to you what's happening at each stage of the process, what you can expect to happen next, and how long it's all likely to take. In particular, your NCAA attorney can:
- Help make sure you meet your obligation to cooperate
- Provide explanations to the NCAA when you are unable to provide requested information
- Conduct investigations on your behalf, where appropriate, to uncover evidence that may help you with your case
- Negotiate with the NCAA to arrive at a result that is likely to keep you eligible to play
- Appear with you at your interview to help make sure you only respond to clear questions that you understand
- Keep track of case deadlines so you don't miss them
- Defend you at the hearing or in the Limited Resolution process that applies to your case
- Prepare and file any appeal that may be possible if the NCAA rules against you
How the Lento Law Firm Can Help
At the Lento Law Firm's Student Defense Team, our NCAA Lawyers have helped student-athletes all across the country defend themselves against NCAA bylaw infringement allegations. We've helped student-athletes from schools in all three NCAA Divisions, and we know the NCAA bylaws at each level. We also know how to protect our student-athlete clients during the investigation of their case. Our goal is to keep our clients playing for their schools so that they can continue to enjoy the challenges of competition while completing their college education.
If you have been accused by the NCAA of violating the NCAA's academic bylaws, or of any other bylaw infraction, call the Lento Law Firm's Student Defense Team today at 888.535.3686, or use our contact form to schedule a confidential interview with one of our experienced NCAA Attorneys. Your career as a student-athlete is important to you – let the Lento Law Firm help you protect it!
