A Missouri spokesperson pointed out to me that one thing Stu Brown, the attorney I quoted in this story, didn't mention is that the COI didn't necessarily have to adhere to the penalties prescribed for a Level One violation in the matrix. They could have lessened the penalties due to "extenuating circumstances," and Missouri thought the fact that Yolanda Kumar acted alone and that it was so cooperative with the investigation should have qualified as extenuating circumstances. See the bylaw below (For reference, Figure 19-1 is the matrix):
19.11.6 Departures from Level I and II Core Penalties. Upon a finding of extenuating circumstances, the hearing panel may depart from the core penalties in Figure 19-1, provided the Proposed Article 19 panel explains in its decision the basis for its prescription of core penalties different than those set forth in Figure 19-1.
I don't think this really helps Missouri's chances of completely winning its appeal. As Brown said, the committee on appeals can go so far as to say it might have viewed those things as extenuating circumstances, but unless it finds evidence that the COI abused its discretion, it isn't going to overturn the ruling. However, maybe it helps the chances of getting part of the sanctions lifted. More than anything, to me, this helps explain why Missouri was willing to admit that the violations happened but was so surprised when it got hit with these sanctions.
19.11.6 Departures from Level I and II Core Penalties. Upon a finding of extenuating circumstances, the hearing panel may depart from the core penalties in Figure 19-1, provided the Proposed Article 19 panel explains in its decision the basis for its prescription of core penalties different than those set forth in Figure 19-1.
I don't think this really helps Missouri's chances of completely winning its appeal. As Brown said, the committee on appeals can go so far as to say it might have viewed those things as extenuating circumstances, but unless it finds evidence that the COI abused its discretion, it isn't going to overturn the ruling. However, maybe it helps the chances of getting part of the sanctions lifted. More than anything, to me, this helps explain why Missouri was willing to admit that the violations happened but was so surprised when it got hit with these sanctions.
