The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Baylor University (“Baylor”) committed major violations of NCAA legislation.  After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute major violations of NCAA legislation.

The Committee found that Baylor committed the following violations of NCAA legislation:

1.                  Impermissible telephone calls and text messages to men’s basketball prospects in violation of NCAA Bylaws 13.1.3, 13.1.3.1.3, and 13.4.1.2

Between at least March 2007 and December 2008, members of the men’s basketball staff violated the provisions of NCAA recruiting communication legislation by placing 268 impermissible telephone calls and sending 411 text messages to prospects and/or their relatives.  Between January and July 2011, members of the men’s basketball staff also place 22 impermissible telephone calls and sent 27 text messages.

Between March 2007 and October 2008, assistant men’s basketball coach A placed 176 impermissible telephone calls to 8 prospects and/or their relatives, between March and December 2008 sent 17 text messages to 4 prospects and/or their relatives, and between January and July 2011 placed 5 impermissible telephone calls.

Between June 2007 and October 2008, head men’s basketball coach placed 76 impermissible telephone calls to 10 prospects and/or their relatives, between March and December 2008 sent 11 text messages to 3 prospects and/or their relatives, and between January and July 2011 placed 2 impermissible telephone calls and sent 13 text messages.

Between March 2007 and October 2008, former assistant men’s basketball coach 1 placed 15 impermissible telephone calls to 3 prospects and/or their relatives, and between March and December 2008 sent 383 text messages to 6 prospects and/or their relatives.

Between January and July 2011, assistant men’s basketball coach B placed 15 impermissible telephone calls and sent 14 text messages.

In May 2008, an assistant men’s basketball coach placed 1 impermissible telephone call to a prospect.

The Baylor men’s basketball coaching staff attributed the impermissible telephone call violations to 1) failing to log voicemails left for prospects and/or their relatives; 2) failing to log telephone calls made; and 3) placing calls to parents or relatives who also served as non-scholastic or high school coaches and neglecting to log the purpose of such calls.

Many of the text messages sent were converted emails.  Former assistant men’s basketball coach 1 explained that he believed he was sending emails rather than text messages to prospects and did not believe sending an email converted to a text message was impermissible.  The former compliance director sent an email dated July 18, 2007 indicating that such practices were impermissible in accordance with the NCAA’s interpretation of the text messaging legislation.

2.                  Impermissible text messages to non-scholastic coaches in violation of NCAA Bylaws 13.1.6.2.2-(b)

During July 2010, former assistant men’s basketball coach 1 sent 126 impermissible text messages to 6 non-scholastic coaches while prospective student-athlete was participating in a summer certified event, during a time period in which it was prohibited to contact a prospective student-athlete’s coach or any individual associated with a prospective student-athlete.   The text messages at issue were to non-scholastic coaches while they were coaching prospects in summer certified events.

3.                  Unethical conduct in violation of NCAA Bylaws 10.01.1, 10.1-(d), and 32.1.4

Former assistant men’s basketball coach 1 acted contrary to the principles of ethical conduct, in that he failed to deport himself in accordance with the generally recognized high standards of honesty and sportsmanship normally associated with the conduct and administration of intercollegiate athletics.  Specifically, former assistant men’s basketball coach 1 knowingly attempted to influence non-scholastic coaches 2 and 4 to furnish the NCAA with false and misleading information concerning their knowledge of and involvement in the NCAA violations.

Former assistant men’s basketball coach 1 asked that non-scholastic coach 4 not disclose the text messages during his September 22^nd interview with the enforcement staff.  In fact, former assistant men’s basketball coach 1 sent multiple text messages to non-scholastic coach 4 requesting that he not discuss the text messages and to “say as little as possible.”

Former assistant men’s basketball coach 1 contacted non-scholastic coach 2 and told him he was not obligated to disclose text messages to the enforcement staff during his September 21^st interview.

4.                  Impermissible use of talent scouts in violation of NCAA Bylaws 13.1.2.8 and 13.10.5

The 2007 men’s basketball elite camp employed four scouting service operators who acted as talent scouts.  These four scouting service operators were compensated through the head men’s basketball coach’s camp for evaluating prospective men’s basketball student-athletes participating in the camp.  The individuals acted as talent scouts and were assigned to evaluate the prospects in order to determine which young men would be members of the camp’s all-star team.

5.                  Failure to monitor in violation of NCAA Bylaw 11.1.2.1

The head men’s basketball coach failed to monitor the activities regarding compliance of two assistant coaches involved with the program who reported directly to him.  Specifically, the Baylor men’s basketball coaching staff placed at least 268 impermissible telephone calls and sent 411 impermissible text messages, and the head men’s basketball coach was aware that former assistant men’s basketball coach 1 had sent impermissible text messages to non-scholastic coaches, but failed to report them to Baylor administration.

6.                     Impermissible telephone calls and text messages to women’s basketball prospects in violation of NCAA Bylaws 13.1.3.1, 13.1.3.1.4, and 13.4.1.2

Between April and November 2008, members of the women’s basketball staff violated the provisions of NCAA recruiting communication legislation by placing 74 impermissible telephone calls and sending 24 text messages to women’s basketball prospective student-athletes and/or their parents.

Between October and November 2008, assistant women’s basketball coach A placed 38 impermissible telephone calls to 5 prospects and/or their parents, between June and September 2008 sent 8 text messages to 1 prospect, and between January and July 2011 placed 146 impermissible telephone calls and sent 158 text messages.

Between April and October 2008, head women’s basketball coach placed 22 impermissible telephone calls to 6 prospects and/or their parents, in September 2008 sent 4 text messages to 4 prospects or their parents, and between January and July 2011 placed 9 impermissible telephone calls.

Between May and October 2008, an assistant women’s basketball coach placed 13 impermissible telephone calls to 6 prospects or their parents.

In August 2008, an assistant women’s basketball coach placed 1 impermissible telephone call to 1 prospect or their parents, and between September and October 2008 sent 5 text messages to 2 prospects and 7 text messages to a parent of a prospect.

7.         Impermissible employment of prospective student-athletes in violation of NCAA Bylaws 13.12.1.5.1

In June 2008, the women’s basketball staff employed 5 incoming women’s basketball prospects to work Baylor’s basketball camp.

8.         Impermissible recruiting publicity by and outside agency in violation of NCAA Bylaws 6.4.1, 13.02.13, and 13.10.2

On May 12, 2008, an organization representing Baylor’s athletics interests, posted photographs and video highlight clips on its Web site of a then prospective and current women’s basketball student-athlete, and a prospective women’s basketball student-athlete.  This was the first occasion on record that this organization posted on its Web site any recruiting information.  Additionally, in that posting, the organization publicized that both prospects had made verbal commitments to attend Baylor.

9.         Recruiting violations in violation of NCAA Bylaws 13.1.1.1, 13.1.2.2-(b), 13.1.3.1.4.2, 13.1.6.2.2-(c), 13.2.1, 13.5.1, 13.12.1.5, and 30.10.2

Between June 2007 and June 2008, on several occasions, members of the women’s basketball staff had impermissible contact with and provided impermissible minimal inducements to prospect 1 and her father.  Additionally, in the summer of 2008, the head women’s basketball coach, had impermissible contact with a second then prospect (“prospect 2”) and the prospect’s mother.

At an elite basketball camp, Baylor’s women’s basketball staff spoke with prospect 1’s father about the basketball program and academic requirements for admission to Baylor.

The head women’s basketball coach sat with prospect 1’s father at events and tournaments in which their daughters participated and discussed with him what an experience at Baylor is like.

The head women’s basketball coach provided impermissible inducements to prospect 1 and her father and prospect 2 and her mother.  Specifically, the head women’s basketball coach permitted her daughter to join the non-scholastic team prospect 1 was considering joining, the head women’s basketball coach arranged for her daughter to room with prospect 1 at the Baylor women’s basketball elite camp, and the head women’s basketball coach provided impermissible transportation to prospect 1 and her father and prospect 2 and her mother to a basketball skills academy.

10.       Impermissible calls and text message to prospects in violation of NCAA Bylaws 13.1.3 and 13.4.1.2

Between January and July 2011, coaches of seven different sports programs (football, women’s golf, women’s soccer, women’s tennis, men’s tennis, men’s and women’s track and field and cross country, women’s volleyball, baseball, and equestrian) violated the provisions of NCAA recruiting communication legislation by placing 69 impermissible telephone calls and sending 46 text messages to prospective student-athletes or their parents or guardians.

11.       Failure to monitor in violation of NCAA Bylaw 2.8.1

Baylor failed to adequately monitor the conduct and administration of its men’s and women’s basketball programs in that it failed to monitor (a) the transmission of text messages and adequately monitor telephone calls in the men’s and women’s basketball programs between March 2007 and December 2008; (b) employment of individuals at men’s and women’s basketball camps; and (c) the activities of an organization representing Baylor’s athletics interests.

As a result of the aforementioned violations, the Committee penalized Baylor as follows:

1.  Public reprimand and censure.

2.  Three years of probation from April 11, 2012 through April 10, 2015.

Men’s Basketball

3.  The head men’s basketball coach shall be suspended from all coaching duties for the first two conference games of the 2012-13 season.

4.  Baylor reduced grants-in-aid in men’s basketball by one, from 13 to 12 in 2011-12 and 2012-13.

5.  Baylor will reduce official visits in men’s basketball by 5 from 12 to 7 in 2012-13.

6.  Baylor will reduce by 15 the maximum recruiting person days from 130 to 115 in 2012-13.

7.  Baylor prohibited the head men’s basketball coach from placing recruiting telephone calls to prospects from January 1 through February 29, 2012.

8.  For each respective coaching staff member who was in violation of the text-messaging legislation, Baylor placed a two-week-per-text ban on the staff member.

9.  Baylor prohibited assistant men’s basketball coach A from placing recruiting telephone calls to prospects from January 1 through February 29, 2012.

10. Baylor prohibited assistant men’s basketball coach B from placing recruiting telephone calls to prospects from December 1 through December 14, 2011.

11. Baylor removed one coach from recruiting-related travel for a total of 10 days during July 2010.

12. The head men’s basketball coach and his staff will attend a 2012 NCAA Regional Rules Seminar at the head men’s basketball coach’s expense.

13. Baylor cancelled its men’s basketball summer elite camps in 2009, 2010, and 2011.

Women’s Basketball

14. Baylor reduced grants-in-aid in women’s basketball by 2 from 15 to 13 in 2011-12.

15. Baylor restricted the head women’s basketball coach from 2 weeks of telephone calls to prospects during summer of 2010.

16. Baylor restricted the head women’s basketball coach from 1 week of travel during the summer of 2010.

17. The head women’s basketball coach will be prohibited from off-campus recruiting for the full summer recruiting period.

18. The head women’s basketball coach will be prohibited from placing recruiting telephone calls to prospects for one month from January 1-31, 2012.

19. Assistant women’s basketball coach A will be prohibited from placing recruiting telephone calls to prospects for a 4-month period from January 1 through April 30, 2012.

20. For each respective women’s basketball staff member who was in violation of the text-messaging legislation, Baylor placed a two-week-per-text ban on the staff member.

Other Penalties

21. Former assistant men’s basketball coach 1 received a one-year show-cause penalty. 

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