National Post

NCAA use of limited immunity has critics

- David Brandt Ralph D. Russo and

In a story Sept. 4, The Associated Press reported erroneousl­y that Mississipp­i State football player Kobe Jones received limited immunity in exchange for his testimony to the NCAA. His attorney says he was not granted limited immunity. This is a corrected version of the story: Mississipp­i State football players Leo Lewis and Kobe Jones have, according to court documents, told the NCAA they received free merchandis­e from a clothing store while on recruiting trips to Ole Miss, something that would violate NCAA rules.

Lewis spoke after being granted limited immunity by the NCAA, which protects him from being declared ineligible for wrongdoing as long as he told the truth. Jones’ attorney, Chris Shapley, says his client was not offered limited immunity, though he did answer questions from the NCAA “as accurately as he could.”

Ole Miss officials vehemently dispute the claims that have been used as part of a major infraction­s case against the Rebels’ football program. So does Oxford, Mississipp­i, clothing store Rebel Rags, which has filed a lawsuit against the players, alleging they gave false statements to the NCAA.

The use of limited immunity is somewhat uncommon in NCAA enforcemen­t cases, but it is an option available to investigat­ors who have no subpoena power to pursue informatio­n. They avoid using words such as witness and testimony, which have meanings in a court of law that are not applicable in an NCAA case — just one example of why the use of limited immunity has a host of critics.

“If there were due-process safeguards that were built into the system, I might feel different,” said Donald Jackson, a Birmingham, Ala., attorney who regularly represents athletes and coaches in NCAA infraction­s cases. “There are no due- process safeguards built into this system.”

Charles Merkel, an attorney for Rebel Rags, added: “I would characteri­ze it probably as far away from the American justice system as possible.”

Ole Miss is facing 21 allegation­s in its NCAA case that will be heard on Sept. 11 in Covington, Kentucky. School officials have conceded some of the allegation­s of improper benefits and recruiting inducement­s came from members of its football staff and boosters to players.

If the lawsuit by Rebel Rags plays out, Lewis and Jones could face the type of cross- examinatio­n under oath that doesn’t often happen during the NCAA’s process. A Sept. 25 motions hearing is planned in north Mississipp­i.

Limited i mmunity has been used by NCAA enforcemen­t for at least 20 years, and NCAA vice- president of enforcemen­t Jon Duncan estimates it has been used in about 20 per cent of cases over the last two.

The NCAA does not make public statements about ongoing investigat­ions, but Duncan earlier this summer spoke broadly with the AP about how limited immunity is granted and used in infraction­s case.

“A lot of people think that it’s just a tool we keep sort of behind the curtain. It’s not,” Duncan said. “It’s codified in the manual and has been.”

Enforcemen­t staff can request granting limited immunity to a person it deems to have essential informatio­n to an investigat­ion, and the chair of the committee on infraction­s either grants of denies the request.

“We don’t pass it out like candy,” Duncan said.

He also said enforcemen­t staff is more likely to request limited immunity for a college athlete or prospectiv­e college athlete t han f or someone who is not.

“We’re not interested in the infraction­s process in penalizing student- athletes for what are largely behaviours of adults,” Duncan said.

Duncan said granting limited immunity is not the equivalent of making a plea deal with a witness in a criminal investigat­ion. NCAA enforcemen­t’s mission is factfindin­g, not building cases against schools, Duncan said.

“We don’t know what they’re going to say until they say it in the middle of an interview,” Duncan said.

Statements made by an individual granted limited immunity are still subject to “layers, upon layers, upon layers of fact- checking” by the enforcemen­t staff, Duncan said.

David Ridpath, a professor of sports administra­tion at Ohio University and former compliance official at Marshall and Weber State, said the NCAA investigat­ion process has improved and become more transparen­t. He agrees that limited immunity can be a valuable investigat­ive tool.

But, Ridpath s aid, “I wholeheart­edly agree that it’s very difficult to justify using l i mited i mmunity when you’re not providing basic due- process protection­s in this system.”

 ?? JAMES PUGH / THE CHRONICLE VIA AP FILES ?? Mississipp­i State defender Leo Lewis, wearing maroon, told the NCAA he received free merchandis­e from a clothing store while on recruiting trips to Ole Miss, something that would violate NCAA rules.
JAMES PUGH / THE CHRONICLE VIA AP FILES Mississipp­i State defender Leo Lewis, wearing maroon, told the NCAA he received free merchandis­e from a clothing store while on recruiting trips to Ole Miss, something that would violate NCAA rules.

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