The NCAA Division II Committee on Infractions (“COI” or “Committee”) is an independent administrative body comprised of individuals from the NCAA Division II membership and the public charged with deciding infractions cases involving member institutions and their staffs.  This case involves Albany State University’s (“ASU”) failure to comply with NCAA legislation regarding eligibility certification, financial aid, countable athletically related activities (“CARA”) and benefits.1 Further, at one point, the institution impermissibly allowed the faculty athletics representative (“FAR”) to serve as the director of athletics. The violations established Albany State’s failure to monitor and lack of control over the administration of its athletics program. The COI 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 COI adopted the institution’s self-imposed penalties and proposed further penalties. ASU agreed to the proposed additional penalties; therefore, there is no opportunity to appeal.

The Committee concluded that ASU committed the following violations:

Violations of NCAA Division II Manual Bylaws 15.01.5 and 16.8.1.2 (2014-15); 14.5.4.2-(b)-(2) (2014-15 and 2015-16); 14.3.1.6.1 (2014-15 through 2016-17); 12.1.1, 12.1.1.1 and 12.1.1.1.3 (2014-15 and 2017-18); 14.01.1, 14.1.1, 14.11.1 and 16.8.1 (2014-15 through 2017-18); 15.1.1 (2015-16 and 2016-17); 16.8.1 (2015-16 through 2017-18); 14.5.4.3- (b) (2016-17); 14.4.3.2.1 and 14.5.5.1 (2016-17 and 2017-18); and 14.1.7, 14.1.7.1 and 14.5.4.2-(b) (2017-18)

Between the 2014-15 through the 2017-18 academic years, the institution improperly certified 22 student-athletes in eight sports as eligible for competition, resulting in 22 total violations of amateurism certification, academic certification and transfer legislation. As a result, 22 student-athletes received actual and necessary expenses while ineligible or not certified and 21 participated while ineligible. Additionally, the institution failed to withhold 22 student-athletes from competition during subsequent academic years before their eligibility was reinstated.

During the 2014-15 academic year, one football student-athlete, practiced and received athletics aid prior to having his amateurism certification. He did not compete while ineligible. During the 2017-18 academic year, two women’s basketball student- athletes practiced and competed prior to receiving their final amateurism certification. Both competed in two contests while ineligible. NCAA Bylaws 16.8.1.2 (2014-15); 12.1.1, 12.1.1.1, 12.1.1.1.3, 14.01.1, 14.11.1 and 16.8.1 (2014-15 and 2017-18).

During the 2016-17 academic year, one football student athlete competed in his first year in residence as a partial qualifier. The student-athlete received actual and necessary expenses while ineligible. NCAA Bylaws 14.01.1, 14.1.1, 14.11.1 and 16.8.1 (2016-17).

During the 2014-15 through the 2016-17 academic years, one men’s basketball student-athlete, one football student-athlete, one softball student-athlete and one women’s volleyball student-athlete competed and received athletics aid as non- qualifiers. In addition, one baseball student-athlete and two football student-athletes received athletics aid as non-qualifiers. All the student-athletes received actual and necessary expenses while ineligible and the institution failed to withhold two student- athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 15.01.5 and 16.8.1.2 (2014-15); 14.01.1, 14.1.1, 14.3.1.6.1, 14.11.1 and 16.8.1 (2014-15 through 2016-17); and 15.1.1 and 16.8.1 (2015-16 and 2016-17).

During the 2016-17 and 2017-18 academic years, one baseball student-athlete, one football student-athlete and two women’s track student-athletes failed to meet four- year college transfer requirements. All four student-athletes failed to pass nine credit hours in the preceding regular academic term. All of the student-athletes received actual and necessary expenses while ineligible and the institution failed to withhold three student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.01.1, 14.1.1, 14.4.3.2.1, 14.5.5.1, 14.11.1 and 16.8.1 (2016-17 and 2017-18).

During the 2014-15 through the 2016-17 academic years, one baseball student-athlete and five football student-athletes failed to meet two-year college transfer requirements. All six student-athletes failed to complete an average of at least 12 semester hours of transferable credit for each full-time academic term of attendance at the two-year college. All student-athletes received actual and necessary expenses while ineligible and the institution failed to withhold two student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 16.8.1.2 (2014-15); 14.5.4.2-(b)-(2) and 16.8.1.2 (2014-15 and 2015- 16); 14.01.1, 14.1.1 and 14.11.1 (2014-15 through 2016-17); 16.8.1 (2015-16 and 2016-17); and 14.5.4.3-(b) (2016-17).

During the spring of 2018 semester, one men’s golf student-athlete participated in both practice and competition while below full time. The student athlete received actual and necessary expenses while ineligible. NCAA Bylaws 14.1.7, 14.1.7.1, 14.11.1 and 16.8.1 (2017-18).

Violations of NCAA Division II Constitution 6.1.3 (2014-15) and 6.1.4 (2015-16).

During the 2014-15 and the 2015-16 academic years, the institution permitted the former director of athletics to impermissibly serve as the institution’s FAR. During the fall of 2016 the institution and the president appointed a new FAR to begin his duties effective January 9, 2017.

Violations of NCAA Division II Manual Bylaws 15.3.2.4 and 15.3.5.1 (2014-15) and 15.6.5.1 and 15.6.2.4 (2015-16).

 During the 2014-15 and 2015-16 academic years, the institution impermissibly decreased or cancelled athletics awards and failed to provide the required notices or hearing opportunities for 20 football student-athletes on 21 occasions.

Violations of NCAA Division II Manual Bylaws 17.1.6.3.4 (2014-15 through 2016-17).

Beginning in the 2014-15 and continuing through the 2016-17 academic years, the institution violated NCAA playing and practice season legislation when it failed to record CARA hours in various sports programs.

During the 2014-15 academic year, the institution failed to record CARA hours in football, women’s volleyball, men’s and women’s cross country, men’s and women’s track and field, women’s basketball, softball and baseball from November and continuing through the rest of the academic year. The institution failed to record CARA hours in men’s basketball beginning in September and continuing through the rest of the academic year. NCAA Bylaw 17.1.6.3.4 (2014-15).

During the 2015-16 academic year, the institution failed to record CARA hours in baseball, men’s basketball, women’s basketball, men’s and women’s cross country, softball, men’s and women’s track and field and women’s volleyball for the entire academic year. The institution failed to record CARA hours in football beginning in November and continuing through the rest of the academic year. NCAA Bylaw 17.1.6.3.4 (2015-16).

During the 2016-17 academic year, the institution failed to record CARA hours in football for the fall semester. NCAA Bylaw 17.1.6.3.4 (2016-17).

Violations of NCAA Division II Bylaws 16.11.2.1 (2015-16 and 2016-17) and 14.11.1 (2016- 17 and 2017-18).

During the summer of 2016, the institution’s football staff provided impermissible benefits to football student-athletes. Specifically, during the summer of 2016, the football staff permitted two then football student-athletes to live in the institution’s athletics facility for approximately six weeks at no charge. The approximate value of the impermissible benefits for both student-athletes was $1,884. As a result of the impermissible benefits, one of the two competed in 20 contests and received actual and necessary expenses while ineligible. NCAA Bylaw 16.11.2.1 (2015-16 and 2016-17) and 14.11.1 (2016-17 and 2017-18).

Violations of NCAA Division II Bylaw 17.1.6.2.6.1 (2015-16 and 2016-2017).

During the summer of 2016, approximately 25 football student-athletes engaged in voluntary workouts four days per week for approximately 10 weeks that were impermissibly observed by members of the football coaching staff and were not designed and conducted by the institution’s strength and conditioning personnel.

Violations of NCAA Division II Constitution 2.1.1, 2.8.1 and 6.01.1 (2014-15 through 2017-18)

From the 2014-15 through the 2017-18 academic years, the scope and nature of the violations detailed above demonstrate that the institution failed to exercise institutional control and monitor the conduct and administration of its athletics programs when it failed to adequately monitor CARA, initial eligibility and amateurism legislation, ensure compliance with extra benefit legislation, financial aid legislation and transfer legislation and the requirement to appoint a FAR.

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

1. Public reprimand and censure through the release of the public infractions decision.
2. Probation: Two years of probation from November 13, 2019, through November 12, 2021.
3. During the two-year period of probation, ASU shall:
4. Continue to develop and implement a comprehensive and educational program on NCAA legislation to instruct coaches, the faculty athletics representative, all athletics department personnel and all institutional staff members with responsibility for NCAA recruiting and certification legislation;
5. Submit a preliminary report to the office of the Committees on Infractions (OCOI) by January 15, 2020, setting forth a schedule for establishing this compliance and educational program and compliance with prescribed penalties;
6. File with the OCOI annual compliance reports indicating the progress made with this program by October 1 during each year of probation. Particular emphasis shall be placed on implementing the recommendations of the outside audit, certification of new, continuing and transfer student-athletes, and complying with all financial aid and playing and practice legislation;
7. In writing, inform prospects in all sports that the institution is on probation for two years and detail the violations committed. If a prospect takes an official paid visit, the information regarding violations, penalties and terms of probation must be provided in advance of the visit. Otherwise, the information must be provided before a prospect signs an NLI; and
8. Publicize specific and understandable information concerning the nature of the violations by providing, at a minimum, a statement to include the types of violations and the affected sports programs and a direct, conspicuous link to the public infractions decision located on the athletic department’s main webpage “landing page” and in the media guides for the affected sport programs. The statement must: (i) clearly describe the violations, (ii) include the length of the probationary period associated with the case; and (iii) give members of the general public a clear indication of what happened in the case to allow the public (particularly prospects and their families) to make informed, knowledgeable decisions. A statement that refers only to the probationary period with nothing more is not sufficient.
9. Scholarship reductions: The institution shall reduce grants-in-aid as follows:

2018-19 academic year: 3.11 reduction in football and .36 reduction in baseball. 2019-20 academic year: 1.0 reduction in women’s basketball, .25 reduction in softball and .6 reduction in men’s basketball.

2020-21 academic year: .14 reduction in women’s volleyball and .7 reduction in women’s track and field.

10. Financial penalty: The institution shall pay a fine of $3,000.

11. Vacation of records: The institution acknowledged ineligible participation by 21 student- athletes as the result of the violations in this case. Therefore, pursuant to Bylaws 19.5.2-(g) and Executive Regulations 31.2.2.4 and 31.2.2.5, Albany State shall vacate the wins and any ties in which ineligible student-athletes competed from the time they became ineligible through the time they were reinstated as eligible for competition.

12.  The institution shall undergo an outside audit of its athletics policies and procedures. The institution shall implement all recommendations of the outside auditor.

13.  Following the receipt of the final compliance report and prior to the conclusion of probation, Saint Leo’s president shall provide a letter to the COI affirming that the institution’s current athletics policies and practices conform to all requirements of NCAA regulations.

14. The director of athletics, compliance officer, faculty athletics representative and representatives from the offices of Financial Aid, Registrar, Academic Achievement and Admissions shall attend at least two NCAA Regional Rules Seminars during 2018, 2019, 2020 and 2021. Head coaches will attend once every three years.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com .