The NCAA Division II Committee on Infractions (“COI”) is an independent administrative body of the NCAA comprised of individuals from the Division II membership and the public. The COI is charged with deciding infractions cases involving member institutions and their staffs. This case involved Lynn University (“LU”) certifying ineligible student-athletes as eligible and allowing them to participate in practice and/or competition and receive related expenses. The case also involved unethical conduct by the institution’s compliance officer and an institutional failure to monitor. 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 COI proposed further penalties to the institution and to the compliance officer. Lynn agreed to the additional penalties and the compliance officer did not participate. Neither party has an opportunity to appeal.

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

Violations of  NCAA Division II Manual Bylaws 12.1.1.1.3, 12.1.1.1.3.1, 14.01.1, 14.1.3.1, 14.1.4.1, 14.2.2, 14.3.2.1, 14.3.2.1.1, 14.3.5.1, 14.4.3.2.1, 14.4.3.4, 14.5.4.3-(b), 14.5.5.1 and 16.8.1 (2016-17 and 2017-18); 14.10.1, 14.10.2.1-(b) and 14.11.1 (2016-17); 14.11.1, 14.11.2, 14.11.2.1-(b), 14.11.2.1-(d), 14.11.2.1-(e) and 14.12.1 (2017-18)

For the 2016-17 and 2017-18 academic years, the institution improperly certified or did not certify 51 student-athletes in 14 sports, which resulted in the student-athletes competing and receiving actual and necessary expenses and/or practicing while ineligible.

During the 2016-17 and 2017-18 academic years, 19 student-athletes in 10 sports competed and/or practiced prior to completing the NCAA Student-Athlete Statement and/or the NCAA Drug-Testing Consent form. NCAA Bylaws 14.10.2 and 14.10.2.1-(b) (2016-17); 14.1.3.1 and 14.1.4.1 (2016-17 and 2017-18); and 14.11.2 and 14.11.2.1-(b) (2017-18).

During the 2016 fall semester and 2017-18 academic year, six student-athletes in five sports competed and/or practiced prior to having their amateurism certified. Additionally, Lynn failed to withhold two of the six student-athletes from competition during the 2018 spring semester before their eligibility was reinstated. NCAA Bylaws 14.11.1 (2016-17); 12.1.1.1.3, 12.1.1.1.3.1 and 16.8.1 (2016-17 and 2017-18); and 14.12.1 (2017-18).

During the 2017 spring semester and 2017-18 academic year, 15 student-athletes in 11 sports competed and/or practiced prior to having their initial academic status certified. NCAA Bylaws 14.3.1, 14.3.2.1.1, 14.3.5.1 and 16.8.1 (2016-17 and 2017-18).

During the 2017 fall semester, a women’s volleyball student-athlete competed prior to fulfilling a reinstatement condition of repayment as a result of an amateurism violation. NCAA Bylaw 14.12.1 (2017-18).

During the 2017-18 academic year, five student-athletes in three sports competed prior to the institution’s athletics certification coordinator having the appropriate documentation to certify the student-athletes. NCAA Bylaws 14.01.1 and 14.11.1 (2017-18).

During the 2017-18 academic year, a men’s golf student-athlete competed without completing 24-semester hours of academic credit prior to the 2017 fall semester. NCAA Bylaws 14.4.3.4 and 16.8.1 (2017-18).

During the 2017-18 academic year, a women’s basketball student-athlete competed without satisfying the applicable 4-4 transfer requirements.  NCAA Bylaws 14.5.5.1 and 16.8.1 (2017-18).

During the 2017-18 academic year, a women’s cross-country student-athlete, a men’s baseball student-athlete and a men’s soccer student-athlete competed prior to the institution including the student-athletes’ names on eligibility lists. Additionally, Lynn failed to have the director of athletics and/or head coach sign the eligibility list for seven sports programs prior to the first date of competition. NCAA Bylaws 14.11.2, 14.11.2.1-(d) and 14.11.2.1-(e) (2017-18).

During the 2018 spring semester, a men’s baseball student-athlete competed without satisfying the applicable 2-4 transfer and progress-toward-degree requirements. NCAA Bylaws 14.01.1, 14.4.3.2.1 and 14.5.4.3-(b) (2017-18).

During the 2018 spring semester, a men’s baseball student-athlete competed during his 11th semester of full-time enrollment. NCAA Bylaws 14.01.1, 14.2.2 and 16.8.1 (2017-18).

Violations of NCAA Division II Manual Bylaw 10.01.1, 10.1, 10.1-(a) and 19.01.3 (2017-18 and 2018-19)

 From September 22, 2017, and continuing to the present, the compliance officer violated the NCAA principles of ethical conduct when she furnished the institution with false information and failed to cooperate with the institution and NCAA enforcement staff when she refused to participate in an interview regarding her knowledge of or involvement in violations of NCAA legislation despite being requested to do so on multiple occasions.

Between September 2017 and February 2018, the compliance officer violated the principles of ethical conduct when she furnished Lynn with false information regarding four student-athletes’ eligibility. Specifically:   (1) On September 22, 2017, and on or around October 18, 2017, the compliance officer falsely instructed the head women’s volleyball coach that a women’s volleyball student-athlete had been reinstated by the SAR staff without any conditions and was therefore eligible to participate. Instead, the SAR staff had informed the compliance officer that the student-athlete’s reinstatement conditions included a repayment plan of $1000 to a charity, which she had not completed. As a result, the student-athlete participated while ineligible, as outlined above. NCAA Bylaws 10.01.1 and 10.1 (2017-18);  (2) On or around December 17, 2017, the compliance officer falsely instructed the head women’s basketball coach that a student-athlete was eligible to compete even though she was ineligible due to not meeting applicable 4-4 transfer requirements. Additionally, on January 3, 2018, the compliance officer falsely instructed the institution’s athletics certification coordinator that the student-athlete had received an NCAA waiver of applicable 4-4 transfer requirements and the institution subsequently certified her as eligible to compete for the 2018 spring semester. As a result, the student-athlete participated while ineligible, as outlined above. NCAA Bylaws 10.01.1 and 10.1 (2017-18); (3) On February 2, 2018, the compliance officer provided the institution’s athletics certification coordinator with a falsified NCAA Division II two-year college transfer waiver for a baseball student-athlete. As a result, the institution certified the student-athlete and he competed while ineligible, as detailed above. NCAA Bylaws 10.01.1 and 10.1 (2017-18); (4) On February 2, 2018, the compliance officer provided the institution’s athletics certification coordinator with a falsified NCAA extension of eligibility waiver for a baseball student-athlete. As a result, the institution certified the student-athlete and he competed while ineligible, as detailed above. NCAA Bylaws 10.01.1 and 10.1 (2017-18).

Beginning June 18, 2018, which was after her employment at the institution ended, and continuing to the present, the compliance officer violated the principles of ethical conduct and failed to cooperate with the institution and enforcement staff when she refused to participate in an interview regarding her knowledge of or involvement in violations of NCAA legislation, despite being requested to do so on multiple occasions. NCAA Bylaws 10.01.1, 10.1, 10.1-(a) and 19.01.3 (2017-18 and 2018-19).

Violations of NCAA Division II Constitution 2.8.1 (2017-18)

 The institution and NCAA enforcement staff agreed that during the 2017 spring semester through February 2018, the scope and nature of the violations detailed above demonstrated that the institution violated the NCAA principle of rules compliance when it failed to exercise adequate monitoring of the effectiveness of the compliance methods and processes used for the certification of its student-athletes. Specifically, the institution failed to establish a certification process with meaningful oversight, including a system of checks and balances.

As a result of the aforementioned violations, the COI penalized LU as follows:

1. Public reprimand and censure through the release of the public infractions decision.
2. Probation: Two years of probation from February 1, 2019, through January 31, 2021.
3. Financial penalty: The institution shall pay a fine of $5,000. (Self-imposed.)
4. Vacation of records. Lynn acknowledged that ineligible participation occurred as a result of the violations in this case. Therefore, pursuant to Bylaws 19.5.2-(g), 31.2.2.4 and 31.2.2.5, Lynn shall vacate all regular season and conference tournament records and participation in which ineligible student-athletes detailed in this case competed from the time they became ineligible through the time they were reinstated as eligible for competition.
5. The institution is undergoing a systems review of its athletics compliance program by an outside reviewer. The results of the review shall be included in the first annual compliance report, and LU shall implement and abide by all recommendations made by the reviewer.
6. Show-cause order. The compliance officer engaged in unethical conduct when she knowingly represented that four ineligible student-athletes were eligible to participate and/or compete. As a result of her actions, the four student-athletes participated while ineligible. Further, the compliance officer violated the NCAA cooperative principle when she refused to participate in an interview during the investigation regarding her knowledge of, or involvement in, the violations. Therefore, the compliance officer will be informed in writing by the NCAA that the COI prescribes a five-year show-cause order pursuant to NCAA Bylaw 19.5.2.2. The show cause period shall run from February 1, 2019, through January 31, 2024. Should the compliance officer become employed at a member institution during the term the show cause is in effect, within 30 days of her hiring, that employing institution shall contact the Office of the Committees on Infractions to make arrangements to show cause why restrictions on athletically related activity should not apply.

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