Christian Dennie Overturns a Judgment on Appeal
April 5, 2016The NCAA Committee on Infractions Has Spoken: University of Southern Mississippi (2016)
April 14, 2016The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that Central State University (“CSU” or “Institution”) committed major violations of NCAA legislation. The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (“SDR”). The case involved amateurism, eligibility, financial aid and playing and practice season violations stemming from the institution’s lack of control. The institution agreed that from the 2010-11 through the 2014-15 academic years, it failed to exercise appropriate control over the administration of its athletics program. Because of its overall failure, the institution agreed that it permitted additional major and secondary violations to occur. Those violations further demonstrate the institution’s overall lack of control, a major violation.
The Committee found that CSU committed the following violations of NCAA legislation:
Violations of NCAA Bylaws 12.1.1 and 16.8.1.2 (2010-11 through 2014-15)
The institution and NCAA enforcement staff agree that from the 2010-11 through 2014-15 academic years, the institution violated NCAA amateurism legislation by failing to properly determine the validity of the amateurism of 106 student-athletes for competition on 10 teams. Additionally, the institution provided actual and necessary travel expenses to these student-athletes, even though they were ineligible for intercollegiate competition. Specifically:
a. From the 2010-11 through 2013-14 academic years, 64 student-athletes competed in football, men’s basketball, men’s cross country, men’s tennis, men’s track and field, women’s basketball, women’s cross country, women’s tennis, women’s track and field and women’s volleyball prior to receiving amateurism certification from the NCAA Eligibility Center. Prior to having their amateurism certified, the institution provided actual and necessary travel expenses to the identified student-athletes, even though they were ineligible for intercollegiate competition.
b. From the 2010-11 through 2013-14 academic years, eight transfer student-athletes competed in football, men’s track and field, women’s cross country and women’s track and field prior to receiving amateurism certification from the Eligibility Center. Prior to having their amateurism certified, the institution provided actual and necessary travel expenses to the identified student-athletes, even though they were ineligible for intercollegiate competition.
c. From the 2010-11 through 2013-14 academic years, 33 multisport student-athletes competed in football, men’s cross country, men’s tennis, men’s track and field, women’s cross country, women’s tennis, women’s track and field and women’s volleyball prior to receiving amateurism certification from the Eligibility Center in those specific sports. Prior to having their amateurism certified, the institution provided actual and necessary travel expenses to the identified student-athletes, even though they were ineligible for intercollegiate competition.
d. During the 2014-15 academic year, one women’s track and field student athlete competed prior to receiving amateurism certification from the Eligibility Center. Prior to having her amateurism certified, the institution provided actual and necessary travel expenses to her, even though she was ineligible for intercollegiate competition.
Violations of NCAA Bylaws 14.5.1 and 16.8.1.2 (2010-11)
The institution and NCAA enforcement staff agree that during the 2010-11 academic year, the institution violated NCAA eligibility legislation by permitting a transfer student-athlete to compete and receive travel expenses before completing one full academic year of residence at the institution. Specifically, a football student-athlete originally competed at a Division I institution during the 2006-07 academic year. The football student-athlete transferred to another Division I institution in the 2007-08 academic year and competed in 2008-09 and 2009-10. When the football student-athlete transferred to the institution in the summer of 2010, he did not satisfy any exceptions to the year of residence requirement and was therefore ineligible to compete and receive travel expenses with the football team during the fall of 2010.
Violations of NCAA Bylaws 14.2.2 and 16.8.1.2 (2011-12)
The institution and NCAA enforcement staff agree that during the 2011-12 academic year, the institution violated NCAA eligibility legislation by permitting a multisport student-athlete to engage in a season of participation following his first 10 semesters of full-time enrollment and provided Lewis with actual and necessary travel expenses, even though he was ineligible for intercollegiate competition. Specifically, the multisport student-athlete completed one full-time semester at a two-year institution prior to transferring to the institution for the 2007-08 academic year. From the 2007-08 through 2011-12 academic years, the multisport student-athlete completed 10 full-time semesters at the institution, competing with the football team for three seasons from 2009-10 through 2011-12 and the men’s track and field team for one season in 2011-12. Because the multisport student-athlete completed his 10th full-time semester in the fall of 2011, he had exhausted his eligibility for competition, but still competed with the men’s track and field team during the 2012 spring season and received actual and necessary travel expenses.
Violations of NCAA Bylaws 14.4.1, 14.4.3 and 16.8.1.2 (2011-12)
The institution and NCAA enforcement staff agree that during the spring of 2012, the institution violated progress-toward-degree legislation by permitting a men’s indoor and outdoor track and field student-athlete to compete while academically ineligible. Additionally, the institution provided actual and necessary travel expenses even though he was ineligible for competition.
Violations of NCAA Bylaws 15.5.3.1 (2013-14)
The institution and NCAA enforcement staff agree that during the 2013-14 academic year, the institution violated financial aid legislation by failing to divide athletically related aid equally across the sports of multisport participants when the financial aid agreements did not specify how such aid should be counted toward institutional limits.
Violations of NCAA Bylaws 17.1.6.3.4 (2013-14)
The institution and NCAA enforcement staff agree that during the 2013-14 academic year, the institution violated NCAA playing and practice season legislation by failing to maintain accurate logs of countable athletically related activities in men’s tennis, women’s track and field, men’s basketball, football and women’s volleyball.
Violations of NCAA Constitution 2.1.1, 2.8.1 and 6.01.1 (2010-11 through 2013-14)
The institution and NCAA enforcement staff agree that the scope and nature of the violations set forth in the findings above demonstrate that from 2010 through 2014, the institution failed to exercise institutional control and monitoring in the conduct and administration of its athletics programs in that it failed to implement a system of compliance methods to deter and detect NCAA rules violations, to monitor policies and procedures, to support and ensure the effective operation of its compliance methods and to provide accurate NCAA rules education regarding key topics.
The Committee assessed penalties against CSU and penalized CSU as follows:
1. Public reprimand and censure.
2. Three years of probation from March 4, 2016, through March 3, 2019.
3. The institution shall pay a fine of $5,000 to the NCAA.
4. Pursuant to NCAA Bylaws 19.5.2-(g) and 32.2.2.4, the institution shall vacate all wins in which ineligible student-athletes competed during the 2010-11 through 2014-15 academic years.
For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.