The NCAA Division II Committee on Infractions (“COI”) 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. The violations in this case occurred over a three-year period and centered on Barry University (“BU” or “Barry”) men’s soccer student-athletes receiving compensation for work they did not perform in conjunction with their federal work study (“FWS”) positions. Due to the length of time over which the violations occurred and the amount of impermissible compensation received, the parties agreed that BU failed to monitor the work-study program. 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”). Because BU agreed to the violations and proposed penalties, it has no opportunity to appeal.
The Committee concluded that BU committed the following violations:
Violations of NCAA Division II Manual Bylaws 15.2.6 (2014-15); 12.4.1, 12.4.1-(a), 15.01.2 and 18.104.22.168 (2014-15 through 2017-18); and 15.2.3 (2015-16 through 2017-18)
BU and the NCAA enforcement staff agreed that between at least January 2015 and February 2018, BU allowed 13 men’s soccer student-athletes to receive compensation for work they did not perform related to their FWS positions within the men’s soccer program. Specifically, these men’s soccer student-athletes collectively logged more than 40 and up to 161.5 hours per week to complete their job duties when only 37 to 40 hours were necessary, resulting in a total impermissible benefit of approximately $30,510.00.
Violations of NCAA Division II Manual Constitution 2.8.1 (2014-15 through 2017-18)
BU and NCAA enforcement staff agreed that from at least January 2015 through February 2018, the scope and nature of the violations detailed above demonstrate that BU violated the NCAA principle of rules compliance when it failed to adequately monitor the operation of FWS positions within the men’s soccer program and ensure compliance with extra benefit and financial aid legislation. Specifically, (a) the assistant men’s soccer coaches who held direct supervisory responsibility for those positions did not adequately monitor the timing or volume of hours reported by the student-athletes; (b) the head men’s soccer coach was involved in the selection of employees and aware of the work those individuals were assigned; however, he did not adequately monitor his assistant coaches’ oversight of the student-athletes who held those positions; (c) the athletics department did not implement adequate monitoring systems to ensure the system of student-athletes working for their own sport program and coaching staff members overseeing those positions did not lead to violations of NCAA legislation; and (d) BU did not adequately monitor the attendance at training sessions regarding this employment, which led to some of the supervisors and employees having insufficient knowledge of the program’s operational processes and may have increased the likelihood of violations.
As a result of the foregoing, the Committee penalized BU as follows: