The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Alabama State University (“ASU” or “Institution”) committed violations of NCAA legislation. This case involved a failure to monitor student-athlete bookstore purchases by ASU. It also involved the Institution’s softball program exceeding time limits for countable athletically related activities (CARA). The Panel considered this case through the cooperative summary disposition process in which all parties agree to the primary facts, violations and violation levels as fully set forth in the summary disposition report (“SDR”). Because the Institution agreed to the violations and penalties, there is no opportunity to appeal.

The parties agreed that, during the 2011-12 academic year, the Institution failed to monitor bookstore purchases by student-athletes and provide adequate education for bookstore staff. As a result, 170 student-athletes received extra benefits when the campus bookstore allowed them to use book scholarships to purchase supplies or non-required course-related materials. Additionally, the parties agreed that during the 2013-14 academic year, the softball program engaged in CARA in excess of the time limits imposed by NCAA legislation. The former head softball coach failed to prevent the overages. As a result, the former head softball coach failed to promote an atmosphere for compliance in the softball program.

The parties agreed the violations at issue are Level II violations. The Committee found ASU committed the following violations of NCAA legislation:

Violations of NCAA Division I Manual Bylaws 14.12.1.1, 17.1.6.1 and 17.1.6.3.4 (2013-14)

The NCAA enforcement staff, the Institution and the former head softball coach (former head coach) agreed that during the 2013-14 academic year, the former head coach failed to prevent the softball student-athletes from participating in countable athletically related activities (CARA) that exceeded the time limits of NCAA legislation on multiple occasions. Additionally, the softball program failed to record accurately the student-athletes’ countable hours. Further, the former head coach failed to apply penalties prescribed by the NCAA Division I Committee on Academic Performance, which limited CARA.

Between September 22, 2013, and March 1, 2014, the former head coach failed to prevent the softball student-athletes from participating in CARA that exceeded the daily and weekly practice hour limitations on multiple occasions.

On five occasions between September 22 and October 31, 2013, student-athletes participated in, at a minimum, four hours and 15 minutes to four hours and 30 minutes of CARA per day, which exceeded the maximum of four hours per day. Further, on three occasions between September 22 and October 19, 2013, student-athletes participated in, at a minimum, 17 to 19 hours and 30 minutes per week of CARA, which exceeded the limit of 16 hours prescribed by the Committee on Academic Performance.

On six occasions between January 12 and February 2, 2014, student-athletes participated in, at a minimum, four hours and 15 minutes to four hours and 30 minutes of CARA per day, which exceeded the maximum of four hours per day. Further, on four occasions between January 12 and March 1, 2014, student-athletes participated in, at a minimum, 16 hours and 15 minutes to 17 hours and 30 minutes of CARA per week, which exceeded the limit of 16 hours prescribed by the Committee on Academic Performance.

During the week of September 29, 2013, student-athletes were not provided two days off from CARA as required by the Committee on Academic Performance.

During the 2013-14 academic year, the softball coaches failed to include and record required pre-practice warm-up activities and post-practice team meetings within the hour limits for CARA.

Violations of NCAA Bylaw 11.1.2.1 (2013-14)

The NCAA enforcement staff, the Institution and former head coach agreed that during the 2013-14 academic year, the former head coach was presumed responsible for the violations outlined above and did not rebut that presumption. Specifically, the former head coach failed to demonstrate that she promoted an atmosphere for compliance within the softball program because she was personally involved in violations by: (1) failing to prevent student-athletes from participating in CARA that exceeded the daily and weekly practice hour limitations on multiple occasions; and (2) failing to provide at least two days off during the week of September 29 through October 5, 2013, as required by the Committee on Academic Performance.

Violations of NCAA Constitution 2.8.1 (NCAA Division I Manual 2011-12)

The NCAA enforcement staff and Institution agreed that during the 2011-12 academic year, the Institution failed to adequately monitor student-athletes’ bookstore purchases. Specifically, the Institution did not fully implement a previously established compliance system when it failed to continue its in-store monitoring of student-athletes’ bookstore purchases in 2011-12 and failed to provide adequate NCAA rules education to institutional staff members and bookstore personnel. As a result, the bookstore provided impermissible extra benefits to 170 student-athletes.

Violations of NCAA Division I Manual Bylaws 15.01.2, 15.2.3, 16.3.1.1.1-(c) and 16.11.2.1 (2011-12)

The NCAA enforcement staff and the Institution agreed that during the 2011-12 academic year, 170 student-athletes received extra benefits when the bookstore staff permitted the student-athletes to use their book scholarships to purchase items that were not required course-related books or supplies. The items included academic supplies to assist the student-athletes in their academic coursework, and could have been provided by the Institution through the NCAA Opportunity Fund. Most of the student-athlete received benefits valued at $100.00 or less. The total amount of the extra benefits received by the student-athletes was approximately $5,565.00.

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 Level I, Level II or major violations by the Institution.

Aggravating Factors for the Former Head Softball Coach

None.

Mitigating Factors for the Institution

19.9.4-(b): Prompt acknowledgment of the violation, acceptance of responsibility and the imposition of meaningful corrective measures and/or penalties.

Mitigating Factors for the Former Head Softball Coach

19.9.4-(b): Prompt acknowledgment of the violation, acceptance of responsibility and the imposition of meaningful corrective measures and/or penalties.

As a result of the foregoing, the Committee penalized ASU as follows:

1. Public reprimand and censure.

2. Two years of probation from October 21, 2016, to October 20, 2018.

3. The Institution shall pay a $5,000 fine.

4. The softball team will be required to reduce the number of permitted countable athletically related activity hours from 20 to 16 and provide softball student-athletes with two days off during the spring 2015 championship segment and the 2015-16 academic year.

5. The former head softball coach received a one-year show cause penalty.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it .