The NCAA and the University reached a decision Feb. 2 which will allow the University to become an active Division I member for the 2011-2012 academic year.
Vice President and General Counsel Sherry Hibbert said the settlement of the state and federal lawsuits filed by the University last year, is a huge accomplishment for the University and its athletic program.
"Until now, the NCAA has never settled a case before losing a motion or other type of court ruling," Hibbert said.
Hibbert said the University's strong chance of winning the case in court may have influenced the NCAA to settle.
"I believe that the NCAA came to accept its best option was to settle and allow us to move forward considering the exposure from the lawsuits," Hibbert said.
The lawsuits were filed because the University did not want to wait the full seven-year provisional period mandated by the NCAA. After a 17-year absence from the NCAA, the University reapplied for membership March 16, 2007 with the understanding that the provisional period would be only three years because the University was a former member of the NCAA from 1967 to 1989.
However, the NCAA made an editorial revision to its constitution during the University's reapplication process, requiring all new members, regardless of previous affiliation, to wait the full seven years. The revision was made in January of that year, but the NCAA did not formally publish the change at that time, Hibbert said.
When the University reapplied, NCAA President Myles Brand sent a letter to the University stating that there was a change to the constitution. As a result, the University filed a state lawsuit last March in Harris County's 55th judicial district followed by a federal lawsuit in the U.S. District Court for the Southern District of Texas, Houston Division filed in April.
Hibbert said the state lawsuit alleged the NCAA unlawfully amended its constitution by allowing staff personnel to make an "editorial revision" extending the three-year waiting period for active Division I membership to seven years.
The April 2008 federal suit alleged that the seven-year probationary period imposed by the NCAA violates the U.S. antitrust laws by preventing the University and other new Division I entrants from competing in the organization's postseason tournaments.
To help with litigation, the University hired James Sears Bryant, a lawyer from St. Louis who had experience with the NCAA and collegiate athletics, and Tom Thomas, a Dallas litigator who had previously worked with Bryant, Hibbert said.
Hibbert said becoming a full member in the NCAA has benefits, including fund raising and positive effects on enrollment.
Ron Cottrell, director of athletics and men's basketball coach, agreed and said it gives the athletic program a definitive timeline to become a compliant member of the NCAA.
Cottrell added being in the Great West Conference is also a big step for the athletic program because of the benefits of postseason tournaments and being able to play for championships.
Steve Moniaci, associate director of athletics, said being in the conference is a helpful with being a full Division I member.
"It's a tremendous help," Moniaci said. "Athletes want to know what league you're in, and questions arise if there is no conference affiliation. You really can't be a successful independent school - even Notre Dame had to find a conference."
NCAA membership and conference alignment will also benefit the scheduling of all University sports. Currently, most of the sports have a majority of road games in their schedule but as the University gets closer to becoming a full member the schedule will be more balanced, he said.
The terms of the settlement state that the University now must file annual reports to make sure the athletic department is compliant with NCAA rules.
Moniaci said the NCAA provides a list of category reports including graduation rates and academic well-being of athletes, gender equity and marketing.
Cottrell said even though the University filed the lawsuit the athletic department has been treating its transition as though it were already a Division I member. He added there are currently 15 sports while the NCAA only requires 14.
"I don't know if we could have asked for things to move any smoother or more quickly. I feel very blessed by what we have accomplished in such a short time," Cottrell said.
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