The NCAA ruled against an appeal from the Brigham Young University basketball team Wednesday, upholding penalties for infractions by boosters.
With the loss of the appeal, the penalties against the team will remain in place that were announced in November 2018, which include two years of probation (November 2018 to November 2020), a vacation of record during the time Nick Emery participated while ineligible, a reduction of one scholarship, recruiting restrictions, a disassociation of one of the boosters and a $5,000 fine.
The penalties are a result of infractions by four boosters who provided more than $12,000 in complimentary vacations, cash, meals, golf and use of a car to Emery nearly three years ago.
BYU argued that because the university was unaware of the infractions and played no part in them, the vacation of wins was too harsh of a punishment.
The NCAA disagreed and docked Rose and the school 47 victories (the losses are not vacated) accrued when Emery was playing while ineligible. Rose’s overall coaching record falls from 348-135 to 301-135. He is still second all-time to Stan Watts (371) in wins.
After Wednesday’s announcement, the university released the following statement:
“We are disappointed with the decision announced today by the NCAA Infractions Appeals Committee, upholding the decision to impose a penalty vacating two seasons of BYU men’s basketball records. This penalty is truly unprecedented for a case in which the institution had no knowledge of or involvement in the infractions.
“The NCAA wrongly suggests that case precedent supports this decision, but the undisputed fact is that this is the first time ever that the NCAA Committee on Infractions (COI) has vacated team records where the institution itself was not aware of and had no involvement in the violations.
“Neither of the cases cited by the NCAA supports a vacation of team records in a case that included no institutional knowledge of or involvement in the violations. Princeton involved vacation of an individual tennis student-athlete’s records (not team records), and Memphis involved both a failure to monitor and improper benefits provided directly by the institution itself.
“Despite undisputed findings that BYU and former head coach Dave Rose properly monitored and controlled the program and promoted an atmosphere of compliance, the NCAA still determined to punish the university, Coach Rose and the entire men’s basketball team, who did not participate in or know about the violations of one student-athlete.
“BYU is concerned about the harmful precedent that this case sets and the message it sends to NCAA membership, who may now be punished with a vacation of records, regardless of whether the institution knew about or participated in the violations. BYU strongly disagrees with the NCAA imposing this penalty in a case that included clear findings that there was no lack of institutional control, no failure to monitor and no head coach responsibility for the violations.
“A key mission of the NCAA’s infractions program is ‘to prescribe fair and appropriate penalties.’ Today’s decision is unprecedented and unfair to BYU and other institutions committed to compliance.”
Emery was suspended nine games in 2018-19. He ended up playing in 23 games — starting eight — and averaged 6.1 points per game. Rose retired in March and former Utah Valley coach Mark Pope was chosen to replace him. In July, Emery announced he was retiring from basketball and wouldn’t play his senior season for the Cougars.