Trinity sophomore Greg Newton filed an appeal last Thursday with University President Nan Keohane's office regarding his Undergraduate Judicial Board conviction for academic dishonesty.
Newton's first appeal was turned down last week by Gerald Wilson, senior associate dean for Trinity College, the Raleigh News and Observer reported Sunday. Newton, a member of the men's basketball team, said he was unsure about when he would receive the final decision.
Newton was convicted on charges of academic dishonesty last month after he allegedly cheated on an exam in Computer Science 001 fall semester.
Newton's appeal to the President's Office is the last stage of the appeals process. There is no limit on the amount of time that the president may take to review an appeal, but typically, the president will take between a week and two weeks to rule, said Paul Bumbalough, associate dean for student development and adviser for judicial affairs, in an interview last month.
If Keohane does not overturn the UJB's conviction, Newton faces a two-semester suspension, according to the News and Observer. But the sentence may not prevent Newton from playing next year.
Bumbalough said that the UJB has final say on the length of a sentence but only makes suggestions as to when the sentence should be imposed.
"[The UJB] stipulates the length of the suspension and that sticks," Bumbalough said. "Ultimately, whoever decides what will be the active semesters of suspension will be the student's academic dean."
If Newton's conviction stands, the academic dean could make Newton's suspension effective immediately. The rest of the spring semester would count as one semester, and the combination of the two summer sessions would count as the second, thus satisfying the sentence -- Newton would then be eligible to return to school in the fall.
Even if Newton is back in class in September, however, he still may not be able to play for the men's basketball team. National Collegiate Athletic Association bylaws stipulate that to be eligible, a student must be making progress toward a degree, said Dan Dutcher, NCAA director of legislative services.
Dutcher said that an athlete must have at least 24 total classroom hours since the previous fall and have averaged 12 class hours per semester during his or her entire career at a school to be eligible to play. No more than six of those hours may come in the summer, meaning at least 18 must come during the typical academic year.
Most Duke courses are worth three credit hours each, so a Duke player would need to complete at least eight credits and average four per semester to meet NCAA requirements.
Dutcher added that if suspended, a sophomore, such as Newton, might have a problem reaching the 24-course hour requirement for the previous academic year. Moreover, such a student might not have enough credits to meet the 12-hour-per-semester average for his career.
If a player does not meet the criteria, he or she can petition the NCAA for a waiver , Dutcher said. In such a case, an administrative review panel would look at an athlete's overall student record and then rule on eligibility. An athlete already convicted of academic dishonesty, however, would face an uphill battle, he said.
Dan Cohen contributed to this article.
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