The NCAA Division II Committee on Infractions (“COI” or “Committee”) is an independent administrative body comprised of individuals from the NCAA Division II membership and the public charged with deciding infractions cases involving member institutions and their staffs. This case centered on the actions of a former head women’s swimming coach at Millersville University of Pennsylvania (“MU” or “Millersville”). The former head women’s swimming coach (head coach) engaged in unethical conduct when he knowingly made an impermissible payment to a prospective student-athlete, who is now a student- athlete, through a wire transfer to the prospect’s mother. He also violated head coach responsibility legislation through his direct involvement in the violation.
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 additional penalties for Millersville, including a probationary period, and a show-cause order for the head coach. Millersville contested the COI’s proposed one- year probation. Following an expedited penalty hearing, the COI affirmed the probation, thus Millersville may appeal that penalty. The head coach accepted the proposed show-cause order. Therefore, he does not have the opportunity to appeal.
The Committee concluded that MU committed the following violations:
Violations of NCAA Division II Manual Bylaws 10.01.1, 10.1, 10.1-(c), 13.2.1, 13.2.2-(e), 14.11.1, 15.01.2 and 15.01.3 (2016-17); 16.8.1 (2016-17 through 2018-19); and 14.12.1 (2017-18 and 2018-19)
The parties agree that the head coach violated the principles of ethical conduct when, on August 22, 2016, he knowingly provided an impermissible inducement and impermissible financial aid in the amount of $3,000 to the mother of a then prospect. Specifically, the head coach sent a wire transfer of $3,000 from his club swim team funds to the prospect’s mother so she could pay an outstanding institutional tuition bill allowing the prospect to enroll in classes. The bill resulted from an error in the scholarship amount the head coach promised the prospect during her recruitment to the institution. As a result of the impermissible inducement and financial aid, the prospect, who became a student-athlete, subsequently participated in 39 dates of competition and received actual and necessary expenses while ineligible.
Violations of NCAA Division II Manual Bylaws 18.104.22.168 (2016-17 through 2018-19)
The parties agree that, beginning August 2016, the head coach is presumed responsible for the violations detailed above and did not rebut the presumption. Specifically, the head coach did not demonstrate that he promoted an atmosphere for compliance due to his personal involvement in the violation.
As a result of the foregoing, the Committee penalized MU as follows: