NCAA use of limited immunity in the spotlight

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.

They did so after being granted limited immunity by the NCAA, which protects them from being declared ineligible for wrongdoing as long as they told the truth.

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, Miss., 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, Alabama, attorney who regularly represents athletes and coaches in NCAA infractions cases. “There are no due-process safeguards built into this system.”

Charles Merkel, a lawyer 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, Ky. 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 eventually face the type of cross-examination under oath that doesn’t happen during the NCAA’s process. A Sept. 25 motions hearing is planned in north Mississippi.

Limited immunity 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.