The NCAA Committee on Infractions Has Spoken: University of Mississippi
October 12, 2016The NCAA Committee on Infractions Has Spoken: Alabama State University
November 15, 2016The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Alcorn State University (“ASU” or “Institution”) committed violations of NCAA legislation. 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 Institution and the NCAA enforcement staff agreed two violations occurred in this case, improper certification of eligibility and a failure to monitor. The parties agreed both violations are Level II. The Committee found that ASU committed the following violations of NCAA legislation:
Violations of NCAA Division I Manual Bylaws 14.01.1 (2011-12 through 2015-16.); 14.4.3.2 (2011-12 through 2014- 15); 16.8.1.2 (2011-12 and 2012-13); 14.4.3.1-(b) and 14.4.3.1-(c) (2012-13 and 2013- 14); 14.4.3.1.7-(b) (2012-13); 14.10.1 (2013-14); 16.8.1 (2013-14 through 2014-15); and 12.11.1 (2014-15)
The NCAA enforcement staff and Institution agree that, from at least the 2011-12 through 2014-15 academic years, the Institution improperly certified 28 student-athletes in 11 sports as eligible for competition. As a result, the student-athletes competed while ineligible.
During the 2012-13 through 2014-15 academic years, a men’s basketball student-athlete, women’s cross country student-athlete and women’s tennis student-athlete competed without satisfactory completion of at least 18 semester hours of degree credit toward the students’ designated degree program since the beginning of the previous fall term. As a result, the student-athletes received actual and necessary travel expenses for competition while ineligible and competed during subsequent academic years without the Institution seeking reinstatement. NCAA Bylaws 14.01.1 (2012-13 through 2014-15); 14.4.3.1-(b) (2012-13 and 2013-2014); 16.8.1.2 (2012-13); 16.8.1 (2013-14 through 2014-15); and 12.11.1 (2014-15).
During the 2012-13 through 2014-15 academic years, a men’s basketball student-athlete and women’s tennis student-athlete competed without satisfactory completion of at least six semester hours of degree credit toward the student-athletes’ designated degree program during the preceding regular academic term. As a result, the student-athletes received actual and necessary travel expenses for competition while ineligible and competed during subsequent academic years without the Institution seeking reinstatement. NCAA Bylaws 14.01.1 (2012-13 through 2014-15); 14.4.3.1-(c) (2012-13 and 2013-14); 16.8.1.2 (2012-13); 16.8.1 (2013-14 through 2014-15); and 12.11.1 (2014-15).
During the 2011-12 through 2014-15 academic years, 26 student-athletes in the sports of baseball, men’s basketball, men’s and women’s cross country, football, women’s soccer, softball, men’s and women’s tennis, men’s track and field and women’s volleyball competed without successfully completing their percentage-toward-degree requirements. As a result, the student-athletes received actual and necessary travel expenses for competition while ineligible and competed during subsequent academic years without the Institution seeking reinstatement. NCAA Bylaws 14.01.1 (2011-12 through 2014-15); 14.4.3.2 (2011-12 through 2014-15); 16.8.1.2 (2011-12 and 2012- 13) 14.10.1 (2013-14); 16.8.1 (2013-14 through 2014-15); and 12.11.1 (2014-15).
During the 2012-13 academic year, a baseball student-athlete, in the fourth year of enrollment, competed without designating a program of study. As a result, the student-athlete received actual and necessary travel expenses for competition while ineligible and competed during subsequent academic years without the Institution seeking reinstatement. NCAA Bylaws 14.01.1, 14.4.3.1.7-(b) and 16.8.1.2 (2012-13).
Violations of NCAA Constitution 2.8.1 (NCAA Division I Manual 2011-12 through 2014-15)
The NCAA enforcement staff and Institution agreed that from at least the 2011-12 through 2014-15 academic years, the scope and nature of the violations detailed above demonstrate that the Institution failed to monitor its progress-toward-degree certification process to ensure compliance with NCAA rules. Specifically, institutional staff members responsible for certifying eligibility failed to apply progress-toward-degree legislation appropriately and the Institution failed to provide adequate rules education to academic advisors to ensure student-athletes were enrolled in courses that demonstrated NCAA progress toward a degree.
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.
19.9.3-(g): Multiple Level II violations by the Institution.
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.
19.9.4-(e): Implementation of a system of compliance methods designed to ensure rules compliance and satisfaction or institutional/coaches’ control standards.
As a result of the foregoing, the Committee penalized ASU as follows:
1. Public reprimand and censure.
2. Two years of probation from October 19, 2016, to October 18, 2018, or completion of the final penalty, whichever is later.
3. The Institution shall pay a $5,000 fine. The funds from this penalty shall be retained by the Institution and used for compliance education of the following staff members: registrar, academic advisors, and compliance staff.
4. The Institution shall vacate all regular season and conference tournament records and participation in which the ineligible student-athletes detailed above participated.
For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com .