FSU's appeal of Bowden's victories ongoing
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Florida State is appealing the loss of wins in several sports -- including up to 14 in football -- the result of NCAA penalties handed down in March.
The NCAA acknowledged Tuesday only that the appeals committee has received its response from the NCAA infractions committee. That starts a clock that now gives Florida State 15 days (until June 17) to file a rebuttal to the response. Then there are 10 days for the NCAA to respond back to FSU.
The school already has requested an in-person hearing with the appeals committee after those two steps are completed. Florida State has said it will make its rebuttal public when it is filed.
It can only be assumed that the infractions committee did not have a favorable response to the appeal.
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According to the NCAA website, the appeals committee's decision is final after the in-person hearing. That decision is reached by majority vote of the committee members attending the meetings. There are currently five members on the committee.
Also according to the website, the committee will "reverse or modify a ruling (by the infractions committee) only if the individual or institution can show one or more of the following grounds:
1. That the ruling was clearly contrary to the evidence;
2. That the individual's or institution's actions did not constitute an infraction of NCAA rules;
3. There was a procedural error and but for the error, the Committee on Infractions would not have made the finding of violation; or
4. The penalty assessed was excessive such that its imposition constitutes an abuse of discretion."
The appeals committee has been more open to overturning penalties in recent to the consternation of certain infractions committee members.
In 2008, former infractions committee chairman Gene Marsh of Alabama said: "If folks really are interested in righting the wrong of winning games, because you won while you were cheating, vacation (of victories) seems to be a logical thing to do."
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