The NCAA has decided to deny BYU's appeal regarding the vacation of two seasons worth of BYU basketballs wins, according to an NCAA news release.
The origin of the penalty was Nick Emery knowingly receiving improper benefits from BYU boosters, including money, vacations, golf outings and vehicle use. BYU tried to appeal the case, claiming that former BYU basketball head coach Dave Rose had properly monitored the situation and had no knowledge of Emery breaking NCAA rules, but the appeal went seemingly unheard.
'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 has vacated team records where the institution itself was not aware of and had no involvement in the violations,' BYU said in a press release.
Though other penalties were given to BYU by the NCAA in addition to self-imposed penalties by the university, the vacation of wins was the only penalty BYU tried to appeal, BYU athletic director Tom Holmoe said in his February media address.
'We're waiting for the time where we'll have our voice — I feel really good about where it is,' Holmoe said during his February address. 'The vacation of wins didn't feel like it was an accurate adjudication based on the details of the case, and that's the appeal.'
Since the appeal was upheld, BYU is forced to vacate wins from two full seasons — all of the wins that Emery participated in while being ineligible.
'Brigham Young shall vacate all regular season, conference tournament and NCAA postseason competition records and participation in which the ineligible student-athlete competed from the time he became ineligible, through the time he was reinstated as eligible for competition,' the NCAA said in its press release.
BYU said it was appealing this decision because it felt the NCAA was being unfair given the fact that Emery was the sole beneficiary of the benefits given by boosters. Rose and BYU had no knowledge of the situation despite proper monitoring. BYU said the penalty is harmful and unprecedented.
'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,' BYU said.
BYU quoted the mission of the NCAA, saying, '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.'