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Notre Dame is right: The NCAA’s terrible precedent matters, but vacating wins does not

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No matter what the NCAA might say now, the Notre Dame defense held its own in the rain and slop against Stanford on Oct. 13, 2012. Whether und.com already notes the wins as vacated or not (it does), the Irish held Michigan State, Michigan and Miami without touchdowns in the three weeks leading up to that goal line stand. Notre Dame arrived in Miami with 12 wins and no losses that January, an undefeated top-ranked underdog in the national championship.

Vacating those 12 wins, and the nine in the following season, does not matter in any regard.

However, the NCAA established a new precedent Tuesday when it denied Notre Dame’s appeal to retain those wins in its records. That new standard could change how schools across the country handle controversy, allegations and educational fraud. That does matter.

Notre Dame President Fr. John Jenkins made his feelings clear after the NCAA denied the University’s appeal of vacated wins due to academic transgressions by a handful of players in 2012 and 2013. (AP Photo/Joe Raymond, File)

In his response to the ruling, Notre Dame President Fr. John Jenkins distinguished between his University and the NCAA.

“The NCAA is not, of course, an academic association with general responsibility for academic integrity at America’s colleges and universities,” he wrote.

Of course.

As an academic institution with general responsibility for academic integrity within its own buildings, when Notre Dame came across the academic transgressions involving nine student-athletes, it immediately suspended four of those players remaining on the 2014 roster, soon adding a fifth. It launched an internal investigation to gauge the scope of the situation, and handed the NCAA a completed understanding of what transpired largely at the hands of a student-trainer.

Some may argue that was the right thing to do, both on principle and in practice. After all, history showed cooperating institutions were granted some benefit of the doubt from the NCAA, only partly because that cooperation lessened the workload of an overworked, understaffed and fangless NCAA investigation department.

Hindsight does not argue Jenkins’ 2014 public deferral to the NCAA was the right maneuver.

“The University has decided that if the investigation determines that student-athletes would have been ineligible for past competitions, Notre Dame will voluntarily vacate any victories in which they participated,” he said then.

That was an unnecessary offering, and from a public relations viewpoint, it is now the greatest mistake made by the University in this process. That comment floats amid the internet’s cobwebs to be thrown back in Jenkins’ and Notre Dame’s face four years later. Doing so misses the more pertinent and meaningful pieces of the NCAA’s decision.

The NCAA opted to punish an institution when there was never any indication of involvement from anyone higher up than an undergraduate student. Per Tuesday’s announcement, “The appeals committee confirmed that at the time of the violations, the athletic training student was considered a university employee under NCAA rules.”

This is neither the space nor the time to launch into a debate regarding amateurism, but it is hard to understand the student-trainer being an employee but the student-athletes — the same ones she aided both illicitly in the classroom and medically in the football facilities — are not employees.

That questionable logic was joined by the NCAA pointing out, “In this case, the university acknowledged the academic misconduct impacted the eligibility of student-athletes and resulted in student-athletes competing while ineligible.”

Yes, Notre Dame did acknowledge that. The University went so far as to correct the past grades, deeming certain players retroactively ineligible. Notre Dame chose to do that. It could have followed the lead of other institutions, most dramatically North Carolina, and never granted the premise of falsehoods or academic missteps. North Carolina never declared any grades or classes fraudulent, and as a result, the NCAA Committee on Infractions deemed such judgements beyond its jurisdiction.

As a result, North Carolina emerged from a six-year investigation essentially unscathed, wins intact along with scholarships, staffers and players. If Notre Dame had not reevaluated ill-gotten grades, then the NCAA would not have, either, and those 21 wins would be safe.

With that in mind, why should any school, be it Notre Dame or North Carolina, Harvard or USC, West Point or Mount Union, “acknowledge” any academic fault in relation to its athletics?

That concerning piece of Tuesday’s appeal ruling did not escape Jenkins’ wrath.

“We are deeply disappointed that the NCAA failed to recognize these critical points,” he wrote. “Yet we are committed to work with partner institutions to introduce NCAA legislation that will lead to more reasonable decisions — decisions that will support rather than discourage institutions that do their best to uncover and respond to academic dishonesty in accord with their respective honor codes.”

The NCAA wants to allow academic institutions autonomy. It is, in fact, inherent to the NCAA’s structure. Apparently the NCAA wants that autonomy to extend so far it grants the governing body willful and blissful ignorance.

That is a dangerous precedent, and if Notre Dame needs to vacate 21 wins, must add an asterisk of a talking point for Irish critics and supposedly diminish the luster of that 2012 undefeated regular season, so be it. That is a worthwhile cost to produce a conversation for consistency and accountability moving forward.

That should be the sought result, too. Unless Notre Dame wants to turn the full complement of its sports into glorified barnstorming exhibitions, it will not be departing the NCAA. It does, though, still have the influence to effect change. That change will not come through a prolonged court case. There is no forward-looking damage to the University to protect against.

The greatest actual damage done to the here-and-now is to a meaningless stat. Notre Dame is now two or three seasons, at least, away from challenging Michigan (or Boise State) for the lead in all-time winning percentage, rather than one game away. That is the most tangible and lasting effect — remember, this investigation resulted in no bowl ban or reduced scholarship allotment — of this fiasco felt by Notre Dame, and it deserves little more than someone reminding me of the sequence of punctuation needed to create that shrug response.

But now we know, next time Notre Dame or Stanford or Michigan or Boise State or University of Wisconsin-Whitewater has an academic issue the NCAA is concerned with, it should filibuster, deny the premise and change the topic. That warrants more than a shrug. It warrants every bit of worry from anyone still wanting to believe college athletics involve just some academics, as Jenkins and Notre Dame do.