The NCAA Committee on Infractions Has Spoken: Houston Baptist University

Written by Christian Dennie
March 14, 2018

The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Houston Baptist University (“HB” or “Institution”) committed violations of NCAA legislation. This case centered on an impermissible prospective student-athlete host program. Additionally, the head football coach failed to promote an atmosphere of compliance and the Institution failed to monitor. 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). HB implemented corrective actions and penalties, which COI adopted. However, COI proposed additional penalties for HB and a show-cause order for the head football coach, which both accepted. Therefore, pursuant to NCAA Bylaw 19.6, the parties do not have the opportunity to appeal.

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

Violations of NCAA Division I Manual Bylaws 16.11.1.1 (2014-15); 13.6.7.5, 13.6.7.6 and 13.7.2.1.8 (2014-15 through 2016-17); 16.11.2.1 (2015-16 and 2016-17); and 13.1.2.1 (2016-17) (Level II)

The NCAA enforcement staff and HB agreed that during the 2014-15 through the 2016-17 academic years, HB’s football program violated NCAA recruiting legislation when it: (a) impermissibly organized, funded and oversaw a student-host program not designated in a manner consistent with the institution’s policy for providing campus visits and tours to prospective students in general; (b) provided the impermissible student hosts with meals; and (c) used an impermissible recruiter during official visits.

During the 2014-15 through the 2016-17 academic years, HB’s football program employed at least eight female students, who were not designated in a manner consistent with the institution’s policy for providing campus visits and tours to prospective students in general, to conduct impermissible hosting duties, which violated NCAA recruiting legislation. Specifically, the eight female students: (1) escorted and conversed with football prospects and their families during pregame activities for unofficial visits; (2) were present for on-campus meals for official visits to accompany, converse with and answer questions of football prospects and their families; and (3) conducted campus tours during unofficial and official visits for football prospects and their families.

During the 2014-15 through the 2016-17 academic year, HB’s football program provided impermissible meals during official visits to the student hosts referenced above. The meals were not permissible as the student hosts were not designated in a manner consistent with the institution’s policy for providing campus visits and tours to prospective students in general and the students were not designated as the one student-athlete host for football prospects.

From January 13 through 28, 2017, HB’s football program permitted a former student to serve as a student host during official visits, which included being present at on-campus meals for official visits to accompany, converse with and answer questions of football prospects and their families and conducting campus tours for football prospects and their families. The former student was not a permissible recruiter under NCAA legislation; therefore, the activities violated NCAA recruiting legislation.

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2014-15 through 2016-17) (Level II)

The NCAA enforcement staff, HB and the head coach agreed that during the 2014-15 through the 2016-17 academic years, the head coach is presumed responsible for the violations detailed above and did not rebut the presumption of responsibility. Specifically, the head coach did not demonstrate that he promoted an atmosphere for compliance due to his personal involvement in the violations and his failure to seek guidance from the compliance staff as to whether the student hosts’ activities were permissible under NCAA legislation.

Violations of NCAA Division I Constitution 2.8.1 (2014-15 through 2016-17) (Level II)

The NCAA enforcement staff and HB agreed that during the 2014-15 through the 2016-17 academic years, the scope and nature of the violations detailed above demonstrate that the institution violated the NCAA Principle of Rules Compliance when it failed to adequately monitor its football program and ensure compliance with the recruiting legislation related to student hosts. Specifically, even though the Institution was aware of the activities outlined above, it failed to educate the football program regarding the student host legislation, monitor its use of student hosts and/or identify potential violations of the student-host legislation.

Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4

Aggravating Factors for HB
• A history of Level I, Level II or major violations. NCAA Bylaw 19.9.3-(b).
• Multiple Level II violations. NCAA Bylaw 19.9.3-(g).
• Persons of authority condoned, participated in or negligently disregarded the violation(s) or related wrongful conduct. NCAA Bylaw 19.9.3-(h).

Mitigating Factors for HB
• Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures. NCAA Bylaw 19.9.4-(b).
• An established history of self-reporting Level III or secondary violations. NCAA Bylaw 19.9.4-(d).

Aggravating Factors for the Head Coach
• Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct. NCAA Bylaw 19.9.3-(h).

Mitigating Factors for the Head Coach
• The absence of prior conclusions of Level I, Level II or major violations committed by the individual. NCAA Bylaw 19.9.4-(h).

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

1. Public reprimand and censure.

2. Probation: A two-year probationary period beginning January 19, 2018, and concluding January 18, 2020.

3. HB shall pay a $5,000 fine.

4. HB shall limit official visits in football to 26 during each of two years. COI gave the Institution the option to implement these visit limitations beginning with the current academic year or starting with the 2018-19 academic year.

5. HB shall reduce the number of coaches participating in off-campus evaluations by one (from eleven to ten in the fall and eleven to ten in the spring) during the 2017-18 academic year. Further, the Institution will also reduce the total number of evaluation days from 210 to 120 during the 2017-18 academic year.

6. HB reduced the head coach’s recruiting activity by two weeks during the 2017 spring evaluation period.

7. The head coach received a two-year show cause penalty.

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