June 18, 2020 University of Idaho

Negotiated Resolution

Level: Level II-Standard for Institution and Head Coach

Key Takeaways

• The COI accepted the enforcement staff and institution’s position that the school did not fail to monitor its athletics program because it had adequate and continuing education with both coaches and noncoaching staff. Additionally compliance appropriately and routinely conducted spot checks, which led to the discovery of the violations.
• Despite the adequate monitoring, reporting and handling of the violations, the COI held the institution for the head coach’s conduct via the application of aggravating factor 19.9.3-(h). The COI continues to emphasize that institutions act through their employees and representatives

Facts: This case includes multiple violations in the men’s basketball program including impermissible activities by non-coaching staff member, prohibited activities for a prospect and head coach control. The head men’s basketball coach promoted an undergraduate manager who was still a full-time student to the director of operations position to provide him more money. As the director of operations, he was still performing some managerial duties such as participating in on-court activities and provided feedback to men’s basketball players on plays. Once the compliance officer discovered the violation during a routine spot check of practice, the violations stopped; however, a few months later the head coach allowed the undergraduate manager to stand-in on the scout team as a practice player on a road trip.

Additionally, a compliance officer discovered the manager holding play cards during a contest and noticed the director of operations holding play cards as well. The director of operations held decoy play cards to disguise plays. The head coach presumed this was permissible because he used this system at a previous institution, but once he discovered it wasn’t allowed, he assigned a third manager to the decoy play calling. The third manager was not taking a full-time course load and did not meet requirements to serve as a manager, so the decoy play cards and the on-court scout team walk-throughs and rebounding were impermissible.

During the course of the investigation, the institution discovered CARA violations and impermissible on-campus evaluations. Specifically, the men’s basketball coaches would attend scrimmages from early June until the start of preseason which were not logged by the coach in charge of CARA hours. The assistant coach did not log these hours because he thought only hands-on activities counted. Additionally, it was discovered that a few prospective student-athletes played in these scrimmages observed by the coaches.

The head coach did not rebut the presumption of responsibility and did not adequately monitor his staff’s reporting of CARA and observations of PSA’s scrimmaging on campus.

Violations Found

The Division I Committee on Infractions cited violations in the following areas:

1. NCAA Division I Manual Bylaws 11.7.1, 11.7.1.1-(a), 11.7.3 and 11.7.6 (2015-16 through 2018-19)] (Level II)
2. NCAA Division I Manual Bylaws 13.11.1, 13.11.2.1-(a), 13.11.2.1-(d), 13.11.2.1- (f), 13.11.2.1-(g), 13.11.2.1-(h), 17.1.7.2-(a),1 17.1.7.2.1.5.1 and 17.1.7.3.4 (2017- 18 and 2018-19)2 ] (Level II)
3. NCAA Division I Manual Bylaw 11.1.1.1 (2015-16 through 2018-19)

Penalties

• Core Institution:
  • 2 years probation from June 18, 2020 through June 17, 2022
  • $5,000 fine
  • Recruiting restrictions
    • Institution restricted men’s basketball unofficial visits for three week period in fall 2019
    • Reduced maximum number of men’s basketball official visits by four
    • Two week restriction on all communications for a period of two weeks during 2020-21 academic yearReduced in-person recruiting days by 16 during the 2019-20 academic year
  • Core Head Coach:
    • 1 year show cause order
    • Suspension for the first two regular season contests during 2020-2021

• Additional:
  • Reduction in men’s basketball CARA hours by 16 hours total in summer and fall of 2019 and 1 hour per week during 2019-20 regular season

_________________________________________________________________________________________________________________________________________

June 16th, 2020 Ohio University

Negotiated Resolution

Level: Level II-Mitigated for Institution

Key Takeaways

• By promptly acknowledging the violations, cooperating with the investigation, expressing remorse and otherwise acting with general transparency, the head coach was able to rebut the presumption of responsibility.
• The COI, in deference to current events, hinted at flexibility in the application of certain penalties in a footnote asking the institution to report pandemic-related challenge through the probation compliance process.
• The COI continues to emphasize that negotiated resolutions have no precedential value.

Facts: This case centered around arranging and providing impermissible recruiting inducements in the form of airfare for parent(s) of eight prospective student-athletes official visits in the women’s volleyball program totaling $4,408 over a three year period. Four of the eight student-athletes enrolled at the institution and as a result competed in 83 contests and received actual and necessary expenses while ineligible.

The institution and enforcement staff agreed that:

1. Violations were inadvertent as a result from the head coach’s misunderstanding of the applicable legislation
2. Institution did not provide adequate rules education or training regarding official paid visits
3. Compliance members did not review expense reports requesting recruiting expense reimbursements and did not have sufficient forms in use to ensure compliance

Violations Found

The Division I Committee on Infractions cited violations in the following areas:

1. NCAA Division I Manual Bylaws 13.2.1 and 13.5.2.6 (2015-16 through 2018-19) and 12.11.1 and 16.8.1 (2016-17 through 2018-19)] (Level II)
2. NCAA Division I Manual Bylaw 2.8.1 (2015-16 through 2018-19)] (Level II)

Penalties

• Core:
  • 1 year probation from June 16, 2020 through June 15, 2021
  • $5,000 fine
  • Recruiting restrictions
    • 5% reduction of official paid visits
    • 4 week ban from May 1-28, 2019 on all official paid and unofficial visits in women’s volleyball program
    • Reduction of 25 off-campus recruiting days
  • Additional:
    • Vacation of records from all regular season and conference tournaments from 2016 – 2019 academic years in which ineligible student-athletes competed.

___________________________________________________________________________________________________________________________________________

May 20, 2020 University of Iowa

Negotiated Resolution

Level: Level II-Mitigated for Institution; Level II-Aggravated for Head Coach

Key Takeaways

• The COI affirmed that the head coach’s underlying violations were serious enough to warrant a head coach control violation, despite an absence of other violations or pattern of noncompliance within his program.
• Though the institution had equal numbers of aggravating and mitigating factors, their case was ultimately considered mitigated. The enforcement staff and COI were willing to assign limited weight to 19.9.3-(b) (history of major violations) due to the significant amount of time that had passed since the institution’s last case.
• Intent matters. Coaches who knowingly violate the rules consistently get show causes and suspensions even if they ultimately take responsibility or cooperate with investigations.

Facts: This case centered around an unethical conduct violation by the head women’s volleyball coach when he knowingly provided an impermissible inducement of $2,000.00 in cash to a prospective student-athlete. The SA decided to transfer to Iowa after her sophomore year, and upon arriving near the university’s locale, was not academically eligible to receive aid. The SA was required to complete summer courses and received a loan to pay for those courses. She also inquired to the volleyball staff about part-time employment for some extra cash. The head coach wanted the prospect to focus on academics and offered financial help on two occasions. He had recruited the SA to the other DI institution, but took the head coaching job at Iowa before she enrolled, indicating he felt some responsibility for her. The head coach’s bank records show a $1,500.00 withdrawal on the same day he texted with the SA stating he had something to give her. On one other occasion, the SA asked the head coach for $500.00 and he provided her the money in cash. The institution and enforcement staff agreed that the head coach did not promote an atmosphere of compliance due to his personal involvement.

Violations Found

The Division I Committee on Infractions cited violations in the following areas:

1. NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(b), 13.2.1 and 13.2.1.1-(e) (2016-17) and 12.11.1 and 16.8.1 (2017-18 and 2018-19)] (Level II)
2. NCAA Division I Manual Bylaws 11.1.1.1 (2016-17 through 2018-19)] (Level II)

Penalties

• Core Institution:
  • 1 year probation from May 20, 2020 through May 19, 2021
  • $5,000 fine
  • Recruiting restrictions
    • Reduction of evaluation days by 3.75% in women’s volleyball
  • Core Head Coach:
    • Two year show cause order
    • 30% suspension of contests during the first year of show cause period

• Additional:
  • Vacation of records from all regular season and conference tournaments in which the ineligible SA competed