By Chadd Cripe
© 2012 Idaho Statesman
Boise State has accepted the Committee on Infractions decision as final rather than go through another appeal, the school said in a statement Wednesday evening.
“The Infractions Appeals Committee favorably recognized that Boise State had a compelling case for reconsideration of an appropriate penalty,” Boise State President Bob Kustra said in the statement. “However, the Committee on Infractions disregarded the ruling. We will abide by the decision, but we are disappointed in the outcome and the lack of meaningful review.”
As a result, Boise State will operate with 82 football scholarships instead of 85 in 2013. The school already had taken three-scholarship penalties in 2011 and 2012.
Boise State could have appealed the latest decision to the same panel that originally sided with the school.
The NCAA Committee on Infractions on Wednesday re-affirmed the nine-scholarship penalty against the Boise State football team, despite the ruling of its own appeals committee.
Boise State still must forfeit three scholarships per year in 2011, 2012 and 2013. The school self-imposed that penalty in 2011 and took the penalty in 2012 despite the ongoing appeal because coach Chris Petersen didn’t want the penalty to drag beyond 2013.
The Infractions Appeals Committee in June called the penalty “excessive” and an “abuse of discretion.” It sent the case back to the COI for reconsideration.
The penalty stems from Boise State’s violations stemming from how it housed incoming players during the summer before enrollment. They stayed with veteran players, often on couches or floors. Violations occurred when players did not pay the market rate and when coaches helped them find a place to stay.
“While past infractions cases and their respective penalties are a part of the institutional memory of the Committee on Infractions when it tailors the penalties in a case, they do not provide a ‘one-size-fits-all’ measure of whether a penalty is fair and appropriate,” the committee stated in its report. “Each case – and the fairness of the penalties imposed in each case – ultimately stands on their own facts.”
The COI said in its report that it could have levied more serious penalties, including a postseason ban. The report specifically mentions a bowl ban for Ohio State, which was not hit with a “lack of institutional control” finding.
“The penalties that are being imposed must be viewed in light of the serious penalties which were available to the COI but not imposed,” the report says.
Boise State can appeal the COI’s latest decision again — to the same appeals committee.
Here is the NCAA press release.
Here is the COI’s response to the appeal.