First, the Committee on Infractions essentially admits there was no recruiting discussion. Instead of proving recruiting, inducement, or encouragement to transfer, they argue that merely maintaining a relationship created an advantage. That’s not what the bylaw actually prohibits. The rule bars recruiting contact with an enrolled athlete, not ordinary human relationships with parents you’ve known for years.
Second, the cases they cite don’t support their conclusion. The Appalachian State example involved 416 text messages during a period when electronic communication itself was prohibited. That violation had nothing to do with transfer tampering and everything to do with breaking a specific recruiting communication ban. Completely different fact pattern.
Third, the Ole Miss case they reference involved staff maintaining active contact with athletes they previously coached, which the COI believed strengthened recruiting relationships. Again, that involved direct relationships with the athletes themselves, not a conversation with a parent who initiated contact.
Fourth, the three other examples they cite Jacksonville State (2021), Charleston Southern (2020), and Seton Hall (2019) were negotiated resolutions, not contested decisions. Even the panel admits they are not precedential. In legal terms, that means they carry virtually no weight as authority. Schools often agree to negotiated resolutions simply to avoid the cost and time of litigation, not because the interpretation is correct.
Finally, the most revealing part is the NCAA’s theory itself: that simply maintaining a preexisting relationship is an unfair “advantage.” That logic would criminalize normal relationships across college athletics. Coaches frequently have long-standing relationships with families, club coaches, and former athletes. If those relationships alone are enough to constitute tampering, then the rule becomes vague, arbitrary, and impossible to enforce consistently.
In short, the COI couldn’t point to recruiting, inducement, or encouragement to transfer, so they expanded the rule to say that a relationship itself is the violation ( again this is against the law). That’s not enforcement of a bylaw. That’s rewriting it and breaking law!