Quarter 4 2023 - COI Case Summaries

Connor Glass

Author: Connor Glass

POST DATE: 1.30.24
Ccha  Sports Law

Quarter 4 COI Summary and Takeaways

Florida International University, Recruiting Violations

Public Infractions Decision

Level: Level I – Mitigated (institution), Level II – Standard (head soccer coach) and Level I – Aggravated (head softball coach)

Facts: The head women’s soccer coach had impermissible in-person recruiting contact during the COVID-19 dead period with four prospective student-athletes. These student-athletes were in the transfer portal and verbally committed to the institution. They traveled to the institution for an unofficial visit and met with the head soccer coach and a volunteer soccer coach. The head women’s soccer coach also made the four prospects a reservation at an off-campus restaurant, paid for their meals and picked them up from the restaurant and provided them with a driving tour of the campus.

The former softball head coach violated recruiting and ethical conduct rules when she had impermissible contacts with three prospects during the COVID-19 recruiting dead period and then instructed a student-athlete to provide false and misleading information regarding the student-athlete’s relation to one of the prospects.

The head coach had two unplanned encounters with one prospect during the COVID-19 recruiting dead period while on vacation in Panama City, Florida. Both encounters took place on the same day and lasted between five and ten minutes each, exceeding a permissible greeting.

The head coach also arranged for two other prospects to visit campus and receive tours from a student-athlete during the COVID-19 recruiting dead period. The head coach knowingly engaged with the prospects, arranged for the prospects to visit campus and receive guided tours, and had dinner with one of the prospects at a restaurant off campus.

Finally, the head coach had a student-athlete give tours to each prospect and during one visit, instructed the student-athlete to state she was related to a prospect if anyone asked what they were doing, despite the fact there was no such relation.

Bylaw Violations Found:


  • 10.01.1
  • 10.1
  • 11.01.6
  • 11.1.1.1
  • 13.02.5.5
  • 13.2.1
  • 13.2.1.1 (e)
  • 13.5.1
  • 13.5.3
  • 13.7.3.1
  • 13.7.3.1.2
  • 13.7.5
  • 19.2.3


Penalties:

Core Penalties for Level I – Mitigated Violations

  • Two-year probation.
  • $5,000 fine to the NCAA.
  • Recruiting restrictions: reduced official visits in softball and women’s soccer during the 2023-24 season by 10%.
  • Prohibit unofficial visits in the softball and women’s soccer program for four weeks, two during 2021-22 and two during 2023-24.
  • Prohibit off-campus recruiting contacts and evaluations in softball and women’s soccer programs for a total of three weeks, one during 2021-22 and two during 2023-24.

Additional Penalties for Level I – Mitigated Violations

  • Public reprimand.
  • Probation requirements.

Core Penalties for Level I-Aggravated Violations

  • Three-year show-cause order for the head coach where any institution employing her shall restrict her from all athletically related activities from December 6, 2023 through December 5, 2026.
  • Head coach must be suspended from the first 50% of the first season of her employment at an NCAA member institution during the three-year show-cause period (this suspension is subsumed within the show-cause order).

Core Penalties for Level II – Standard Violations

  • One-year show-cause for the head women’s soccer coach.
  • 10% suspension of the regular season contests.

Air Force Academy, Impermissible Sports Wagering and Recruiting Violations

Negotiated Resolution

Level: Level I – Mitigated (institution); Level I – Aggravated (then head golf coach); Level II – Standard (assistant ice hockey coaches 1 and 2); and Level II – Mitigated (head ice hockey coach)

Facts: Then head golf coach violated the NCAA principles of honesty and sportsmanship when he knowingly participated in sports wagering activities. The coach created an online sports wagering account using his girlfriend’s driver’s license and social security number and his own personal email address. He placed 253 wagers on the account, 107 of which were on NCAA events, including wagers on six Air Force football games. He wagered $9,259 on NCAA or professional sports competitions, including $250 on Air Force football games.

Assistant ice hockey coach 1 and assistant ice hockey coach 2 impermissibly recruited student-athlete 1 before he had entered the transfer portal. The two coaches had approximately 18 impermissible recruiting contacts with student-athlete 1 and student-athlete 1’s father.

After student-athlete 1 discussed the idea of potentially transferring to another institution with his dad, student-athlete 1’s father reached out to assistant ice hockey coach 2 to see if the institution accepted transfers. Assistant ice hockey coach 2 confirmed that the institution accepts transfers and connected the family with assistant ice hockey coach 1, who was the staff’s primary recruiter. Both coaches continued to communicate frequently with student-athlete 1 and his father via phone calls, text messages, and email. Most of the calls were about the application process, but on one occasion, assistant ice hockey coach 1 shared a recruiting questionnaire and multiple recruiting videos with student-athlete 1.

Despite receiving adequate education by the institution’s compliance office, assistant ice hockey coach 1 and assistant ice hockey coach 2 did not realize their communication with student-athlete 1 and his father were impermissible.

Bylaw Violations Found:

  • 10.01.1
  • 10.3
  • 10.4
  • 11.1.1
  • 13.1.1.3

Penalties:

Core Penalties for Level I – Mitigated Violations

  • Three-year probation extending probation period through September 11, 2027.
  • $5,000 fine.
  • Prohibited recruiting communications in men’s ice hockey for two weeks between January 1 and 14, 2024.

Core Penalties for Level I – Aggravated Violations

  • Five-year show-cause order for the former head golf coach where any institution employing him shall restrict him from all athletically related activities from September 28, 2023 through September 27, 2028.
  • Former head golf coach must be suspended from 50% of regular season dates of competition in the first season following the show-cause order.

Core Penalties for Level II – Standard Violations

  • One-year show-cause order for assistant ice hockey coach 1 where any institution employing him shall restrict him from all athletically related activities from September 28, 2023 through September 27, 2024.
  • One-year show-cause order for assistant ice hockey coach 2 where any institution employing him shall restrict him from all athletically related activities from September 28, 2023 through September 27, 2024.

Additional Penalties for Level I – Mitigated Violations

  • Public reprimand and censure.

California State University, Northridge, Recruiting and Tampering Violations

Remand Decision

Level: Panel continues to classify case as Level II-Standard (institution)

Remand: The IAC determined that the COI abused its discretion in applying the aggravating factor 19.9.3-(m), Intentional, willful or blatant disregard for the NCAA constitution and bylaws, and not applying the mitigating factor 19.9.4-(e), Implementation of a system of compliance methods designed to ensure rules compliance and satisfaction of institutional/coaches’ control standards. The IAC vacated the probationary and financial penalties and remanded the decision to the panel.

With the addition of mitigating factor 19.9.3-(e) and the subtraction of aggravating factor 19.9.3-(m), the remanded case involved three aggravating factors and six mitigating factors. However, the panel found that the three aggravating factors and six mitigating factors were of generally equal weight. The panel assigned the newly applied mitigating factor minimal weight, as a result, the panel found that the remanded case still warranted a “standard” classification.

Penalties:

  • Panel maintains three-year probation.
  • Panel reduces original fine of $5,000 plus 1% of men’s basketball budget to fine of $5,000 plus .5% of the men’s basketball budget.