Why some say Memphis might avoid a postseason ban
NCAA attitude may be shifting on punishments
The proverbial stage has been set. Last July, following an investigation that spanned more than a year, the NCAA’S Complex Case Unit unveiled the final draft of its notice of allegations against the University of Memphis. Three months later, in October 2021, the school issued its response. Seemingly, all that’s left before this particular infractions case is finally resolved is for both sides to present their respective arguments before the Independent Resolution Panel.
Then it’s up to that five-member group to determine and prescribe punishment for the Tigers men’s basketball program. Memphis, per its notice of allegations, is facing six Level I and Level II violations (deemed by the NCAA as the most severe), including lack of institutional control, head coach responsibility and failure to monitor.
The university, per its response, has and will continue to push back.
In the past, schools found guilty of such accusations have faced severe sanctions, ranging from recruiting restrictions to scholarship reductions to the dreaded postseason ban. But there is increasing evidence to support the notion that history is less of an indicator of Memphis’ potential worst-case scenario.
Take Auburn and NC State, for example. Last year, both programs avoided postseason bans for multiple Level I violations, which previously resulted in harsher penalties for other schools in their position.
Insiders, onlookers and experts agree there appears to be a shift in the NCAA’S attitude toward how it punishes member institutions.
Stu Brown, an Atlanta-based attorney with more than 20 years of experience working with schools on infractions cases, has represented or currently represents clients with various levels of involvement in four of the six Independent Accountability Resolutions Process cases. Memphis is not one of them.
“I’m not in any position to judge or predict how Memphis will be resolved by the panel, whatsoever,” Brown said. “But, as long as this process has taken, there has been a change in the attitude about postseason bans.
“The players’ rights revolution of the last three or four years — with name, image and likeness, with the transfer portal, with players being able to get academic bonuses ... those kinds of things — there’s been a simultaneous push to not punish innocent student-athletes for infractions which occurred before they arrived at an institution. So, although the formal bylaws haven’t changed, certainly the outlook or approach of punishing uninvolved student-athletes has changed.”
Dana Welch, who is part of the panel presiding over Memphis’ case, served as the chief member of the IRP for NC State’s case.
“We didn’t want to hurt or punish the student-athletes who were currently competing,” Welch said soon after NC State was hit with a one-year probation, a $5,000 fine and a loss of scholarships.
If the outcomes of the Auburn and NC State cases aren’t enough proof of a kinder, gentler NCAA, allow the powers-that-be to explain it. In January, more than 1,000 NCAA member institutions across three divisions approved a new constitution, which officially goes into effect Aug. 1. Article 4 addresses rules, compliance and accountability.
“Division and, as appropriate, conference regulations must ensure to the greatest extent possible that penalties imposed for infractions do not punish programs or student-athletes not involved nor implicated in the infraction (s),” section B, subsection 4 states.
In theory, that could be good news for Memphis, which landed in the NCAA’S crosshairs in November 2019. That’s when the NCAA ruled former star center James Wiseman “likely ineligible.”
Despite that, Memphis chose to play Wiseman in three games before ultimately relenting. The NCAA mandated Wiseman sit out the next 11 games. Only then would he be eligible for reinstatement. But, after sitting out seven games, Wiseman withdrew from the school to prepare for the NBA Draft.
Sports Illustrated senior writer Pat Forde was interviewed last week by Sports56-whbq’s Greg Gaston and Eli Savoie. The veteran journalist acknowledged the possibility for “major, major sanctions” against Memphis and coach Penny Hardaway. But Forde, citing the NC State case, said the Tigers could not be left out of postseason contention.
“That could be a saving grace for Memphis,” he said.
David Ridpath, an associate professor of sports business at Ohio University who specializes in NCAA enforcement and infractions, supports Forde’s theory.
“I think Memphis is going to have some penalties,” Ridpath said. “(But) I think it’s going to look more like NC State’s, which aren’t great, by any stretch. But I certainly think under the circumstances — I won’t say a slap on the wrist — but it wasn’t as bad as it could have been.”
Reach sports writer Jason Munz at jason.munz@commercialappeal.com or on Twitter @munzly.