Should Louisville use the NCAA's new independent infractions process?

The Independent Accountability Resolution Process is a new way for schools to approach infractions cases against them. But is it one that Louisville should pursue?

During the University of Louisville's teleconference immediately following the Notice of Allegations against them, Athletic Director Vince Tyra briefly mentioned the possibility of going the through the NCAA's new independent infractions process called the Independent Accountability Resolution Process or IARP.

For those unfamiliar, the IARP essentially serves as an alternate to the Committee on Infractions for complex cases, and was created in 2018 based on recommendations from the Commission on College Basketball, led by former U.S. Secretary of State Condaleeza Rice.

While Tyra admittedly did not have a deeper understanding about the process and did not offer a timetable for a decision on which route he would take, he did find the entire process "intriguing".

Given the complex nature of Louisville's case vs. the NCAA, one would think that it only makes sense for them to go with the IARP, right?

Unfortunately, as is true with many issues revolving around the NCAA, it's not as straightforward as it seems.

As it pertains to the results of cases taken to the IARP, a clear precedent has yet to be set. Of course the ongoing COVID-19 has played a role in that, forcing all hearings and oral arguments to be suspended until May 31. 

But officially, Memphis is the only school to go through this new process, doing so for their infractions case regarding James Wiseman. Unofficially, NC State has done the same for their case involving Dennis Smith Jr., but did so "reluctantly". Neither case has been completed.

So how exactly does the whole process work? Well, buckle up.

For starters, a program can either voluntarily go this route or be referred to it directly from the NCAA, such as the case with NC State.

Regardless of how it's decided to go forward with the IARP, the first stop is to the Infractions Referral Committee (IRC). The IRC is a five-member committee that actually decides whether to "approve or reject requests to refer infractions cases to the independent process."

Once approved, then we move onto the Complex Case Unit (CCU). The CCU is a 16-member committee that includes "both external investigators and advocates with no school or conference affiliations as well as one member of the enforcement staff". Essentially, this is where the actual investigative work is done. They also determine whether or not additional investigation is needed.

Finally, we head to the Independent Resolution Panel (IRP). The IRP is a 15-member committee that reviews the allegations brought forth by the CCU as well as the school’s response. They hold a hearing, decide if violations indeed occurred, and then administer penalties if necessary.

Lost yet? Don't worry, there's more.

On top of everything, we have the Independent Accountability Oversight Committee (IAOC). The IAOC is a five-member committee that overseas the entire process.

In a nutshell: the IARP consists of the IAOC, which oversees the IRC, CCU & IRP.

In a nutshell.

Now we know how this process works, but who consists of these various committees? I'll let Gregg Doyel of the Indianapolis Star sum it up:

"The independent investigators come from one of three firms: Freeh Group International Solutions, run by former FBI director Louis Freeh; a Manhattan outfit called Kroll, once referred to in The New York Times as “Wall Street’s private eye;” and Berryman Prime LLC, founded by former U.S. Department of Treasury Special Agent Steven Berryman, who worked in the IRS Criminal Investigation Division.

You want those folks searching your closets?"

And to top the entire thing off, we have this line on the bottom of the IARP's official website: "Decisions issued by the Independent Resolution Panel are final and are not subject to appeal or further review."

That's right. Whatever punishment Louisville could be dealt if they go through this process, it's there to stick. There's no appealing it. NC State is attempting to circumvent this by stating in their official response to the NCAA that it “does not concede its substantive right to appeal," but we'll see how far that gets them.

In summation: if you choose to utilize the IARP, you better be innocent.

Louisville received one Level I and three Level II allegations stemming from the recruitment of Brian Bowen and the Adidas pay-for-play scheme during the 2016-17 and 2017-18 seasons. 

While UofL President Dr. Neeli Bendapudi said that they would "accept responsibility for violations that we are in agreement with," she also said that they "will not hesitate to push back" against allegations they believe are not true or supported by fact.

Neither Dr. Bendapudi or Tyra would comment on which allegations they would be fighting (if any at all), but if they choose to go the IARP route, they better be completely and totally convinced of their innocence.

You can follow us for future coverage by clicking "Follow" on the top righthand corner of the page. Also be sure to like us on Facebook & Twitter:

Facebook - @LouisvilleOnSI

Twitter - @LouisvilleOnSI and Matthew McGavic at @GeneralWasp