BYU COUGARS

BYU On Denied Appeal In Nick Emery NCAA Sanctions: ‘Unprecedented, Unfair’

Sep 4, 2019, 10:51 AM | Updated: 11:27 am

Brigham Young Cougars head coach Dave Rose and guard Nick Emery (4) walk off the court after their ...

Brigham Young Cougars head coach Dave Rose and guard Nick Emery (4) walk off the court after their 81-50 loss to the St. Mary's Gaels during a West Coast Conference semifinals game at the Orleans Arena in Las Vegas on Monday, March 06, 2017. (Spenser Heaps, Deseret News)

(Spenser Heaps, Deseret News)

PROVO, Utah – BYU basketball has been denied their appeal by the NCAA to reinstate two seasons worth of victories that involved former BYU guard Nick Emery.

The NCAA sanctions were announced last November and BYU immediately appealed the decision. That appeal has been exhausted now as it was announced on Wednesday that the appeal has been denied.

BYU basketball will be minus 47 wins from the 2015-16 and 2016-17 seasons in their record books.

From the NCAA:

In its decision, the appeals committee noted the participation of an ineligible student-athlete jeopardizes fair competition and provides the university with a competitive advantage. In this case, the university agreed that a student-athlete competed while ineligible. The appeals committee also reaffirmed the circumstances in which the likelihood of the prescription of a vacation of records penalty is significantly increased.  One of those circumstances is a large number of violations in an infractions case, which the university agreed occurred in this infractions case.

Additionally, in reviewing case precedent, the Infractions Appeals Committee recognized that charging decisions and the circumstances of each case may be factually unique. Further, it said there is case precedent which supports the prescription of a vacation of records penalty even when a university’s administration and staff were not involved in or had knowledge of the violations.

The Infractions Appeals Committee recognized “…the negative impact that a vacation of records has on uninvolved staff and student-athletes, especially in the context of a team sport.”  “However, under the facts and circumstances in this case and existing standards,” the Infractions Appeals Committee “did not find the vacation of records penalty to be arbitrary, capricious or irrational.”

BYU’s reply to the NCAA denying their appeal:

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 university later went on to say that they are concerned with the harmful precedent that this case sets and the message it sends to NCAA membership.

Last year, BYU did not alter their record books after the NCAA sanctions were announced until they received official word from the NCAA on their appeal. Now that the appeal is denied, former BYU head coach Dave Rose’s final record as head coach of the Cougars will be 301-135.

Nick Emery had one year of eligibility remaining heading into this season but Emery decided to retire from basketball this past July.

Mitch Harper is a BYU Insider for KSLsports.com and host of the Cougar Tracks Podcast and Cougar Sports Saturday (Saturday from 12-3 pm) on KSL Newsradio. Follow him on Twitter: @Mitch_Harper.

  • BYU Cougars Scoreboard

  • BYU Cougars Team Leaders

  • BYU Cougars Standings

BYU Cougars

BYU Basketball, Jaxson Robinson, Kansas Jayhawks...

Mitch Harper

Takeaways From BYU’s Historic Win Over Kansas At Allen Fieldhouse

Takeaways from the win at Kansas inside Allen Fieldhouse.

43 minutes ago

BYU Basketball, Kansas Jayhawks, Dallin Hall...

Mitch Harper

Social Media Takes Off After BYU Knocks Off No. 7 Kansas In Lawrence

Reactions from social media after BYU's big victory over the Jayhawks.

1 hour ago

BYU/Kansas, Jaxson Robinson, Game Recap...

Mitch Harper

BYU Basketball Pulls Off Big 12 Upset Over No. 7 Kansas Jayhawks

The BYU Cougars walked into Allen Fieldhouse and pulled off a massive Big 12 upset over the No. 7 Kansas Jayhawks.

3 hours ago

spring training sloan park...

Brian Preece

Locals In MLB: Following Nine Former Beehive State Stars In Big League Camps

Spring Training is a chance for young players to catch the eye of a coach or scout in hopes of finding their name on the Opening Day roster.

1 day ago

BYU/Kansas, Game Preview, Hunter Dickinson...

Mitch Harper

Unranked BYU Stares Down Tall Task At No. 7 Kansas

BYU looks to do what no road team in the Big 12 has done this year, win at Allen Fieldhouse.

1 day ago

great osobor usu...

Brian Preece

BYU & Utah State Headed In Opposite Directions As Aggies Vault Into Top 25

A win over then-No.19 San Diego State propelled Utah State back into the AP Top 25 after a brief hiatus while BYU falls to No. 26.

2 days ago

Sponsored Articles

ksl-sports-newsletter...

KSL Sports

KSL Sports Newsletter: Sign Up Now

Sign up today for the KSL Sports newsletter. Get the latest Utah sports news delivered to your inbox.

...

KSL Sports

Jazz Notes Newsletter: Sign Up Now

Sign up today for the Jazz Notes newsletter. Get insider analysis, game recaps and opportunities to win tickets!

Follow @kslsports...

The Road Home Mediathon 2023

The KSL Sports Zone and KSLSports.com are proud to support the all-day Mediathon 2023 at the Road Home, an annual tradition to raise money and other essential items for the Road Home, a Homeless Shelter.

3 kids wearing real salt lake jerseys smiling...

Real Salt Lake

6 Reasons You Need to Experience a RSL Matchday

RSL Games are a great way to spend time with your family with fun activities, good food, and traditions you can only experience at the field.

High angle view of the beautiful Rose Bowl Stadium...

KSL Digital Sales

How to Prepare for the 2023 Rose Bowl

Everything you need to know to plan your 2023 Rose Bowl trip in Pasadena, California. This year, the Utes will face Penn State.

Jordan-Clarkson-Utah-Jazz...

KSL Digital Sales

Notable Moments From The Utah Jazz Season… So Far

At the beginning of the season, the Utah Jazz were second to last. Now they rank in the top 10 teams in the Western Conference.

BYU On Denied Appeal In Nick Emery NCAA Sanctions: ‘Unprecedented, Unfair’