The NCAA Committee on Infractions Has Spoken: Norfolk State University
July 7, 2016The NCAA Committee on Infractions Has Spoken: Georgia Southern University
July 8, 2016The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Jackson State University (“JSU” or “Institution”) committed violations of NCAA legislation. This case involved Jackson State University and its former head men’s tennis coach. The Panel considered this case through the cooperative summary disposition process in which all parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (SDR). The panel proposed further penalties to the institution and the former head men’s tennis coach. Because they both agreed to the violations and penalties, there is no opportunity to appeal.
The parties agreed that the former head men’s tennis coach knowingly allowed a men’s tennis student-athlete, who was a nonqualifier, to practice, receive travel expenses and, in one instance, to compete under the name of another student-athlete. The former head men’s tennis coach also provided impermissible recruiting inducements to the student-athlete. The parties agreed the violations are Level II and Level III. The Panel concurred.
The Committee found that JSU committed the following violations of NCAA legislation:
Violations of NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(i), 14.3.1, 14.3.2.1.1, 14.3.2.2 and 16.8.1 (2014-15)
The NCAA enforcement staff, institution and the former head men’s tennis coach, agree that during the spring of 2015, the former head coach permitted a men’s tennis student-athlete to practice, compete and receive travel expenses knowing the student-athlete was ineligible to participate in such activities and receive expenses due to his status as a final nonqualifier. Additionally, the former head coach engaged in unethical conduct when he knowingly permitted the student-athlete to compete under an assumed name or with intent to otherwise deceive.
On multiple occasions in the spring of 2015, the former head coach permitted the student-athlete to attend and participate in practice sessions with the men’s tennis team.
On March 1, 2015, the former head coach permitted the student-athlete to accompany the men’s tennis team to a competition in Alabama and receive travel expenses.
Between March 6 and 11, 2015, the former head coach permitted the student-athlete to accompany the men’s tennis team to a competition in Alabama and two competitions in Florida and receive travel expenses. Further, the former head coach permitted the student-athlete to participate in one competition on March 10, 2015, under the name of an eligible student-athlete.
Violations of NCAA Division I Manual Bylaws 13.2.1, 13.2.1.1 and 13.5.1 (2014-15)
The NCAA enforcement staff, institution and the former head men’s tennis coach agree that in January 2015, the former head coach provided impermissible benefits to the student-athlete, then a prospective student-athlete who later enrolled at the institution as a final nonqualifier. Specifically, in January 2015 the former head coach provided impermissible transportation to the student-athlete when he drove the student-athlete from Jackson-Medgar Wiley Evers International Airport to his personal residence. Additionally, the former head coach permitted the student-athlete to stay at his personal residence for two nights. Finally, the former head coach provided the student-athlete at least one meal. The approximate total value of the impermissible benefits was $92.50.
Violations of NCAA Division I Manual Bylaw 11.1.1.1 (2014-15)
The NCAA enforcement staff, institution and the former head coach agree that the former head coach is presumed responsible for the violations outlined above and that he cannot rebut that presumption. Specifically, the former head coach failed to promote an atmosphere of compliance within the tennis program when he permitted a nonqualifier to practice, compete and receive travel expenses and provided impermissible benefits to the nonqualifier when he was a prospective student-athlete.
Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4.
Aggravating Factors for the Institution
19.9.3-(b): A history of major violations by the institution.
19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct.
Aggravating Factors of the Former Head Men’s Tennis Coach
19.9.3-(e): Unethical conduct.
19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct.
19.9.3-(i): One or more violations caused significant ineligibility or other substantial harm to a student-athlete or prospective student-athlete.
19.9.3-(m): Intentional, willful or blatant disregard for the NCAA constitution and bylaws.
Mitigating Factors for the Institution
19.9.4-(a): Prompt self-detection and self-disclosure of the violations.
19.9.4-(b): Prompt acknowledgement and acceptance of responsibility and imposition of meaningful corrective measures and/or penalties.
Mitigating Factors of the Former Head Men’s Tennis Coach
19.9.4-(b): Prompt acknowledgement of the violation and acceptance of responsibility.
As a result of the foregoing, the Committee penalized JSU as follows:
1. Public reprimand and censure.
2. One year of probation beginning July 1, 2016, and ending on June 30, 2017.
3. The former head men’s tennis coach received a two-year show cause penalty.
4. The institution shall vacate any records pertaining to the contest in which the student-athlete competed under an assumed name while ineligible. This vacation shall include the individual records of the student-athlete.
5. The institution shall pay a $5,000.00 financial penalty.
For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.
