By Chadd Cripe
© 2011 Idaho Statesman
Boise State will appeal the NCAA penalties imposed on its football program, the school announced Tuesday.
The appeal is limited to the penalties the Committee on Infractions levied in excess of the penalties self-imposed by the university.
The additional penalties were three scholarships for the 2012 and 2013 football seasons and three fewer contact practices during spring ball in 2012, 2013 and 2014.
Boise State’s self-imposed penalties were three scholarships for 2011 and three fewer preseason practices in 2011 and 2012.
The appeals process is expected to take two to three months (see timeline below). There is no timeline for a decision after that. Only one of 13 appeals has been successful since the NCAA changed its appellate rules in 2008.
The appeal is decided upon by the Infractions Appeals Committee (members here). It appears the only argument available to Boise State, because the school is appealing only the football penalties and not any of the findings of violation, is that the COI decision "was excessive and is an abuse of discretion."
Boise State coach Chris Petersen said he was “disappointed” when the penalties were announced Sept. 13. Later that week, on his radio show, Petersen hinted at frustration.
“We could talk for days, I’ve got so many thoughts and opinions on this deal,” Petersen said. “But I’ve kind of learned that it’s probably best that I say that we were surprised by it, but we’ll do what we have to do. The one thing I appreciate about this program and our kids is whatever we have thrown our way, we’ll adjust and adapt and we’ll keep rolling.”
Here's the appeals timeline, according to Boise State officials:
— Boise State had until Wednesday to notify the NCAA of its intent to appeal. The NCAA then will acknowledge receipt of Boise State's decision.
— Boise State will have 30 days from the acknowledgement to file its brief.
— The COI will have 30 days to answer the brief.
— Boise State will have 14 days to file its rebuttal.
— It's unclear whether Boise State will have an in-person hearing or how long after the process has been completed that a decision will be announced.
Notes on the appeals process, from the NCAA:
— There are five members on the committee. At least one of the members is from the general public and isn’t associated with a college, professional sports organization or athletes in any way. The other members must be a staff member of an NCAA school or conference.
— An appeal is NOT a new hearing that provides a second chance to argue the case. The Infractions Appeals Committee will reverse or modify a ruling of the Committee on Infractions only if the individual or school can prove one of the following:
• The ruling by the Committee on Infractions was clearly contrary to the evidence;
• The individual or school did not actually break NCAA rules;
• There was a procedural error that caused the Committee on Infractions to find a violation of NCAA rules;
• The penalty was excessive and is an abuse of discretion.
— The appeal can be handled in written form or through an in-person hearing.