Bama files appeal over 21 vacated wins

Of the four penalties handed down by the NCAA earlier this month, Alabama is preparing to fight just one.

Only 21 vacated football wins will be challenged according to the official Notice of Appeal released by the university Thursday afternoon.

The other penalties, stemming from the scandal involving textbook distribution to student-athletes, included a public reprimand, fine of $43,900 and three additional years of probation were not part of the appeal.

The appeal did not dispute the findings that included two violations - impermissible benefits and failure to monitor - only the vacation of 21 football wins from 2005-07 in which players later found to be ineligible participated.

There is only one basis for an appeal of a penalty alone. Alabama must prove to the NCAA's Infractions Appeals Committee that the Committee on Infraction's penalty is "excessive such that it constitutes an abuse of discretion."

After announcing the school's decision to file the appeal last week, President Robert Witt addressed the reason.

"We believe the penalties assessed in the case involving textbooks were excessive given the nature of the infraction," Witt said June 18 following committee meetings of the board of trustees.

Football coach Nick Saban expressed happiness when the sanctions were announced June 11 because the penalties would not hurt the future of the program. That same afternoon, Witt and Athletics Director Mal Moore both used the word "disappointed" to describe their feelings toward the sanctions.

"This case involves a failure in an isolated area of the program," Moore said in a news conference June 11.

"There is neither evidence, nor allegations, of other NCAA violations. No head coaches or assistant coaches of any sport had any knowledge or involvement. No players gained financially or otherwise. There was absolutely no competitive advantage gained. All of the books were returned."

There were seven football players involved with the scandal that involved manipulation of a gap in the scholarship-athlete textbook distribution system to obtain textbooks and other bookstore materials for friends. Witt and Athletics Director Mal Moore have said all books involved were returned and nobody profited from the scam.

The infractions were committed while Alabama was under a five-year probation period imposed by the NCAA in 2002 following major recruiting violations.

Alabama now has 30 days to file the full written appeal. The original infractions committee will then respond and university will be allowed to rebut. The infractions appeal committee will then consider the appeal at an in-person hearing requested by Alabama. The school had the option to have to appeal based solely on the written record, but chose to go ahead with the hearing.

The decision of the appeals committee will be final and could not be further challenged.

Attorney Michael Glazier of Overland Park, Kan., was listed as Alabama's point of contact on the appeal notice. Glazier and the law firm of Bond, Schoeneck and King were involved with the school's internal investigation of the scandal since October, 2005 when the violations were first uncovered.