NCAA Division I Infractions Appeals Committee: Syracuse University (Boeheim Appeal)
December 4, 2015The NCAA Committee on Infractions Has Spoken: Florida A&M University
December 29, 2015The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Indiana University – Purdue University, Fort Wayne (“IUPU” or “Institution”) committed violations of NCAA legislation. The Committee 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 agreed-upon violations centered on the institution’s provision of impermissible financial aid. Specifically, from the 2009-10 through 2011-12 academic years, the institution provided financial aid exceeding the value of a full grant-in-aid to 52 student-athletes. The impermissible over awards totaled $42,224 over the three-year period. The parties agreed that the violation was Level II. Additionally, the parties agreed that from the 2009-10 through 2012-13 academic years, the institution failed to comply with various other provisions of NCAA financial aid legislation including: improperly documenting nonathletic aid; not notifying student-athletes of changes in their financial aid; and impermissibly decreasing, increasing or cancelling financial aid. Again, the parties agreed that the violation was Level II. Further, between January 2010 and August 2013, the institution provided 2,933 impermissible training table meals to 75 student-athletes. The parties agreed that the violation was Level II. Finally, the parties agreed that the institution failed to monitor its financial aid and meal benefits processes to ensure compliance with NCAA legislation. The parties also agreed that the failure to monitor was Level II.
The Committee found the following violations of NCAA legislation:
Violations of NCAA Division I Manual Bylaws 15.1.3, 15.3.2.3, 15.3.2.4, 15.3.3.1, 15.3.4.2, 15.3.4.2.1, 15.3.4.3, 15.3.4.3.2, 15.3.5.1, 15.5.1.110, 15.5.1.211 and 15.5.3.2.2.1.1- (f) (2009-10 through 2012-13); and 15.3.4.1 (2009-10 through 2011-12)
During at least the 2009-10 through 2011-12 academic years, the institution provided financial aid exceeding the value of a full grant-in-aid to 52 student-athletes. The impermissible over awards totaled $42,224 over the three-year period and ranged between $78 and $2,074 per student-athlete in each academic year he or she was involved.
During the 2009-10 through 2012-13 academic years, the institution failed to properly certify that nonathletic aid was provided without regard to athletics ability or that certain student-athletes were non-counters on approximately 120 occasions. [NCAA Bylaws 15.1.3, 15.5.1.1, 15.5.1.2 and 15.5.3.2.2.1.1-(f) (2009-10 through 2012-13)]
During the 2009-10 through 2012-13 academic years, the institution failed to properly notify student-athletes of a decrease or nonrenewal of an award for the following year; impermissibly awarded aid for less than a one-year period; or failed to provide recipients of athletically related financial aid with a statement indicating the amount, duration, conditions and terms of the award on approximately 200 occasions. [NCAA Bylaws 15.3.2.3, 15.3.3.1 and 15.3.5.1(2009-10 through 2012-13)]
During the 2009-10 through 2012-13 academic years, the institution impermissibly decreased or cancelled awards and/or failed to provide the required notices or opportunities for hearings regarding awards on approximately 130 occasions. [NCAA Bylaws 15.3.2.4, 15.3.4.2, 15.3.4.2.1, 15.3.4.3, and 15.3.4.3.2 (2009-10 through 2012-13)]
During the 2009-10 through 2011-12 academic years, the institution impermissibly increased awards without demonstrating that the increase was unrelated to athletics on approximately 70 occasions. [NCAA Bylaw 15.3.4.1 (2009-10 through 2011-12)]
Violations of NCAA Division I Manual Bylaw 16.5.2-(c) (2009-10 through 2012-13)
Between January 2010 and August 2013, the institution provided 2,933 impermissible training table meals to 75 student-athletes. Specifically:
Between January 2010 and August 2013, the institution provided 887 impermissible meals to 26 women’s basketball student-athletes.
Between January 2010 and August 2013, the institution provided 1,105 impermissible meals to 27 men’s basketball student-athletes.
Between January 2010 and August 2013, the institution provided 941 impermissible meals to 22 women’s volleyball student-athletes.
Violations of NCAA Division I Constitution 2.8.1
During the 2009-10 academic year through August 2013, the scope and nature of the violations detailed in the violations above demonstrate that the Institution failed to monitor its financial aid and meal benefits processes to ensure compliance with NCAA legislation.
Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4.
IUPU’s Aggravating Factors were as follows: Multiple Level II violations by the institution (NCAA Bylaw 19.9.3-(g)).
IUPU’s Mitigating Factors were as follows: (1) Prompt acknowledgment of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties (NCAA Bylaw 19.9.4-(b)); and (2) an established history of self-reporting Level III or secondary violations (NCAA Bylaw 19.9.4-(d)).
As a result of the aforementioned violations, the Committee penalized IUPU as follows:
1. Two years of probation from November 24, 2015 to November 23, 2017.
2. IUPU shall pay a financial penalty of $15,000.00.
3. During each year of the probationary period, campus personnel responsible for administration and oversight of athletically related financial aid, including athletic compliance office personnel, assistant director of financial aid, and senior associate athletic director, shall attend NCAA Regional Rules Seminars.
For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com .