The NCAA Division I Committee on Infractions (“COI” or “Committee”) is an independent administrative body of the NCAA comprised of individuals from the Division I membership and public. The COI is charged with deciding infractions cases involving member institutions and their staffs. The violations in this case centered on systemic improper certification violations over a six-year period at Florida A&M University (“FAMU”). Those violations provided the underlying support for FAMU’s lack of institutional control violation. Separate from those violations, the case also involved a Level III violation related to FAMU’s failure to implement some NCAA Division I Committee on Academics (“COA”) penalties. A panel of 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 SDR process, however, does not involve agreed-upon penalties. Therefore, the panel reviewed FAMU’s self-imposed penalties.

The Committee concluded FAMU committed the following violations of NCAA rules:

Violations of NCAA Division I Manual Bylaws 12.1.1.1.3 and 14.4.3.1.7-(b) (2010-11); 14.11.1 and 16.8.1.2 (2010-11 through 2012-13); 14.5.5.1.2 (2010-11 through 2014-15); 14.4.3.2 (2010-11 through 2015-16); 14.4.3.1.8-(b) (2011-12 through 2012-13); 14.4.3.1.8 (2012-13); 14.4.3.1-(b) (2012-13 through 2015-16); 14.4.3.1.7, 14.4.3.3 and 14.10.1 (2013-14); 14.4.3.1.7-(b) (2013-14 through 2015-16); 16.8.1 (2013-14 through 2016-17); 12.11.1, 14.4.3.2.3.1 and 14.4.3.6 (2014-15 through 2016-17); 12.8, 12.8.1, 14.4.3.1-(c) and 14.5.4.1-(b) (2015-16)

FAMU and enforcement staff agreed that beginning in the 2010-11 academic year and continuing through the 2016-17 academic year, FAMU improperly certified as eligible for practice and/or competition 93 student-athletes on 162 occurrences in 12 sports. 6 As a result, 93 student-athletes competed and received actual and necessary expenses while ineligible. Additionally, FAMU failed to withhold 75 student-athletes from competition during subsequent academic years before their eligibility was reinstated. Specifically:

A.  In the 2010-11 academic year, one women’s volleyball student-athlete practiced and competed prior to having her amateurism certified. Additionally, FAMU failed to withhold the student-athlete from competition during subsequent academic years before her eligibility was reinstated. NCAA Bylaws 12.1.1.1.3 and 14.11.1 (2010-11).

B.  During the fall of 2015, one women’s volleyball student-athlete competed in 29 contests after she exhausted all her seasons of competition. NCAA Bylaws 12.8 and 12.8.1 (2015-16).

C.  Beginning in the 2012-13 academic year and continuing through the 2015-16 academic year, 12 student-athletes on 16 different occurrences competed without satisfactory completion of at least 18 semester hours of academic credit during the certifying FAMU’s preceding regular two semesters. Additionally, FAMU failed to withhold 10 student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.11.1 and 14.4.3.1.8 (2012-13); 14.4.3.1-(b)(2012-13 through 2015-16); 14.10.1 and 14.4.3.1.7 (2013-14); and 12.11.1 (2014-15 through 2015-16).

D.  In the 2014-15 academic year, four student-athletes on four occurrences competed without satisfactory completion of at least six semester hours of academic credit during the certifying FAMU’s preceding regular semester. Additionally, FAMU failed to withhold the student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.1-(c) (2014-15); and 12.11.1 (2014-15 and 2015-16).

E.  Beginning in the 2014-15 academic year and continuing through the 2016-17 academic year, two football student-athletes competed without satisfactory completion of at least nine semester hours during the previous fall term. Additionally, FAMU failed to withhold the two student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 12.11.1 and 14.4.3.1.6 (2014-15 through 2016-17).

F.  Beginning in the 2010-11 academic year and continuing through the 2016-17 academic year, 89 student-athletes on 154 different occurrences competed without successfully completing their required percentage of degree requirements. Sixty-five of the 89 student-athletes did not meet the required percentage of degree, because they did not designate a program of studies leading toward a specific baccalaureate degree program at the start of their fifth semester of enrollment. Additionally, FAMU failed to withhold 71 student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.11.1 (2010-11 through 2012-13); 14.4.3.1.7-(b) and 14.4.3.2 (2010-11 through 2016-17);14.10.1 (2013-14); and 12.11.1 (2014-15 through 2016-17).

G.  Beginning in the 2012-13 academic year and continuing through the 2016-17 academic year, FAMU failed to withhold nine baseball student-athletes in the spring semester after losing their academic eligibility at the outset of the fall semester. Additionally, FAMU failed to withhold seven student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 12.11.1 and 14.4.3.2.3.1 (2014-15 through 2016-17).

H.  In the fall 2013 semester, one men’s basketball student-athlete failed to fulfill minimum GPA requirements. Additionally, FAMU failed to withhold the student-athlete from competition before his eligibility was reinstated. NCAA Bylaws 14.4.3.3 and 14.10.1 (2013-14).

I.  During the spring of 2015, FAMU improperly certified as eligible a two-year transfer men’s track student-athlete who did not have the required 2.5 GPA. Additionally, FAMU failed to withhold the student-athlete before his eligibility was reinstated. NCAA Bylaws 12.11.1 and 14.5.4.1-(b) (2014-15).

J.  During the 2010-11 academic year, FAMU improperly certified a four-year transfer volleyball student-athlete as eligible who was not eligible for an exception to the transfer residence requirement. The student-athlete was an NCAA non-qualifier who did not complete an academic year in residence prior to transfer. Additionally, FAMU failed to withhold the student-athlete during subsequent academic years before her eligibility was reinstated. NCAA Bylaws 14.5.5.1 and 14.5.5.1.2 (2010-11); and 14.11.1 (2010-11 through 2012-13).

K.  Beginning in the 2010-11 academic year and continuing through the 2016-17 academic year, FAMU improperly provided 93 ineligible student-athletes actual and necessary expenses to represent FAMU in competition. Specifically, FAMU improperly academically certified as eligible for competition 93 student-athletes on 162 occasions in 12 different sports. NCAA Bylaws 16.8.1.2 (2010-11 through 2012-13); and 16.8.1 (2013-14 through 2016-17).

Violations of NCAA Division I Manual Constitution 2.1.1, 2.8.1 and 6.01.1 (2010-11 through 2016-17).

FAMU and enforcement staff agreed that the scope and nature of the violations set forth above demonstrate that FAMU failed to exercise institutional control and to monitor the conduct and administration of the athletics program. Specifically, FAMU failed to adequately monitor and control the athletics eligibility certification process; failed to properly apply academic certification legislation; failed to sufficiently involve institutional staff members from departments outside of athletics in the certification process; failed to withhold ineligible student-athletes from team travel and competition; and failed to promptly detect and report violations to the NCAA.

Violations of NCAA Division I Manual Bylaw 14.8.1.1 (2015-16) (Level III)

FAMU agreed that during the 2015-16 academic year it failed to implement some of the CARA limitations imposed as APP penalties. Specifically, FAMU failed to provide two days off during a two-week period in the sport of football and failed to provide two days off during a one-week period in the sport of men’s track and field. These failures violated Bylaw 14.

Among eligibility requirements, Bylaw 14 also outlines the APP program and identifies that the COA shall notify an institution when it fails to satisfy appropriate academic standards and the institution shall be subject to penalties pursuant to the APP policies. In this case, those policies involved reduced CARA. Although limited, FAMU failed to implement those penalties on three occasions. Pursuant to Bylaw 19.1.3, the panel concludes the violation is Level III.

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.

19.9.3-(c): Lack of institutional control.

19.9.3-(i): One or more violations caused significant ineligibility or other substantial harm to a student-athlete or prospective student-athlete.

Mitigating Factors for the Institution

None.

 The Committee penalized FAMU as follows:

1. Public reprimand and censure.
2. A five-year extension of probation to conclude on November 19, 2024.
3. During the 2019-20 academic year, the football, baseball, men’s basketball, men’s track and field, women’s basketball and volleyball programs shall end their respective seasons with the last regular-season contest and shall not participate in postseason conference or NCAA tournament competition. In accordance with Bylaw 14.7-2(c), the COI recommends that the Committee for Legislative Relief waive the on-year residency requirement for student-athletes whose institution was placed on probation which included a postseason ban penalty.
4. FAMU shall pay a $5,000 plus three percent of the total athletics budget fine to the NCAA.
5. FAMU shall reduce grants-in-aid awarded in football, baseball, men’s basketball, men’s track and field, women’s basketball, and volleyball by ten percent. The grants-in-aid will be reduced as follows: 1) Football: The football program shall be limited to 59.87 grant-in-aid equivalencies for each of the 2019-20 and 2020-21 academic years; 2) Baseball: The baseball program shall be limited to 9.1 grant-in-aid equivalencies for the 2019-20 academic year; 3) Men’s Basketball: The men’s basketball program shall be limited to 12 grants-in-aid for the 2019-20 academic year; 4) Men’s Track and Field: The men’s track and field program shall be limited to 9.08 grant-in-aid equivalencies for the 2019-20 academic year; 5) Women’s Basketball: The women’s basketball program shall be limited to 12 grants-in-aid for the 2019-20 academic year; and 6) Volleyball: The volleyball program shall be limited to 10 grants-in-aid for the 2019-20 academic year.
6. During the 2019-20 and 2020-21 academic years, FAMU shall restrict recruiting as follows: 1) a seven-week ban on unofficial visits, including no scheduled unofficial visits and no complimentary tickets in all sport programs in which the violations occurred; 2) 12.5 percent reduction in official paid visits in the football, men’s basketball and women’s basketball programs. This results in a limit of no more than 38 official visits in football, four official visits in men’s basketball and seven official visits in women’s basketball; 3) A seven-week ban on all recruiting communications with all prospects in all the sport programs in which the violations occurred; and 4) a ten-week ban on all off-campus recruiting contacts and evaluations in all sport programs in which violations occurred that do not have recruiting day limitations. In those programs that do have recruiting day limitations, FAMU shall not exceed: nine days in the fall and 30 days in the spring in the sport of football; 25 days in men’s basketball; 20 days in women’s basketball; and 15 days in volleyball; and 6 days men’s golf.
7. FAMU admitted that student-athletes competed while ineligible as a result of the improper certifications detailed in Violation No. 1. FAMU further acknowledged that a vacation of records was applicable to this case. Therefore, pursuant to Bylaws 19.9.7-(g) and 31.2.2.3, FAMU shall vacate all regular season and conference tournament records and participation in which the ineligible student-athletes competed from the time they became ineligible through they time they were reinstated as eligible for competition.
8. For each year of the extended probationary period, the institution shall continue to implement Penalty No. 5 from FAMU’s 2015 infractions decision. Specifically, FAMU shall continue to have an independent, external agency or consultant experienced in NCAA compliance matters conduct a thorough review of the institution’s athletics compliance program. The external review must include an assessment of the institution’s efforts to address recommendations or issues identified in the previous year’s review, in addition to including any new issues or recommendations. The results of those reviews shall be included in the institution’s annual compliance reports.
9. During each year of the probationary period, the senior compliance officer and the individual outside of athletics responsible for the certification of student-athletes shall be required to attend NCAA Regional Rules Seminars. The sessions attended shall be identified in the annual compliance report and should include eligibility and certification related educational sessions.

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