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NCAA denies Notre Dame’s appeal, vacating 21 wins, including 12-0 in 2012

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The NCAA denied Notre Dame’s appeal to maintain its 21 wins from 2012 and 2013, the NCAA announced Tuesday. The ruling stems from the academic violations of nine players during those seasons, eight of them with the assistance of a former student-athletic trainer.

Notre Dame’s argument hinged on there being no university involvement or knowledge of the academic misconduct. The NCAA does not dispute that wholesale, but since the student-trainer was considered a university employee under NCAA rules, that lumps the violations into a category usually resulting in vacated wins.

“We are deeply disappointed by and strongly disagree with the denial of the University’s appeal …,” Notre Dame President Fr. John Jenkins said in a statement. “Our concerns go beyond the particulars of our case and the record of two football seasons to the academic autonomy of our institutions, the integrity of college athletics, and the ability of the NCAA to achieve its fundamental purpose.”

As the academic violations came to light and were self-reported by Notre Dame in 2014, the Irish suspended five then-current players: DaVaris Daniels, Eilar Hardy, Kendall Moore, Ishaq Williams and KeiVarae Russell. The University also set to recalculating the appropriate grades from years past. In doing so, it rendered certain players retroactively ineligible.

“In the curious logic of the NCAA, however, it is precisely the application of our Honor Code that is the source of the vacation of wins penalty, for the recalculation of grades in 2014 led to three student-athletes being deemed ineligible retroactively,” Jenkins said. “To impose a severe penalty for this retroactive ineligibility establishes a dangerous precedent and turns the seminal concept of academic autonomy on its head.

“At its best, the NCAA’s decision in this case creates a randomness of outcome based solely on how an institution chooses to define its honor code; at worst, it creates an incentive for colleges and universities to change their honor codes to avoid sanctions like that imposed here.”

Jenkins claims the ruling by the NCAA is unprecedented since there was no broader institutional involvement or lack of control.

“There is no precedent in previous NCAA cases for the decision to add a discretionary penalty of vacation of team records in a case of student-student cheating involving a part-time student worker who had no role in academic advising,” Jenkins wrote. “… The Committee simply failed to provide any rationale why it viewed the student-worker as an institutional representative in our case.”

Such a view was actually amended out of the academic misconduct rules in 2016, meaning student-trainers would not be considered institutional representatives.

Vacating the 12 wins from 2012 and the nine from 2013 drops Notre Dame’s all-time win total to 885 from 906 and its all-time winning percentage to .724 from .729. The Irish still stand at No. 2 in winning percentage, behind only Michigan, but that top spot will no longer be at stake in the 2018 season opener against the Wolverines on Sept. 1.

Jenkins’ full statement can be read here.

The NCAA’s announcement denying the appeal can be read here.