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

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.

BYU hoops has been denied their appeal to reinstate wins by NCAA.

BYU's response: "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."

— Mitch Harper (@Mitch_Harper) September 4, 2019

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.

Last season, #BYU had not altered their basketball record books to factor in vacated wins. Now Dave Rose's official record at BYU will go in the books as 301-135. 47 wins are officially vacated.

— Mitch Harper (@Mitch_Harper) September 4, 2019

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 sports.ksl.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.