The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Mississippi Valley State University (“Institution” or “MVSU” or “Mississippi Valley”) committed violations of NCAA legislation. In May 2016, then women’s soccer prospective student-athlete (the “prospect”) completed her first year at the University of Ghana. She wanted to transfer to and play for Mississippi Valley because two of her former U-17 teammates were members of the women’s soccer program. As a result, the prospect contacted former head coach 1 (“former head coach 1”), also from Ghana, who she believed was the institution’s head women’s soccer coach. Unbeknownst to the prospect, former head coach 1 left Mississippi Valley in December 2015 to become the head coach at another Division I institution. Mississippi Valley named former head coach 2 (“former head coach 2”) as former head coach 1’s successor in February 2016. Regardless, former head coach 1 talked to the prospect about transferring to Mississippi Valley or another institution. The prospect subsequently decided to attend Mississippi Valley and continued to communicate with former head coach 1 as she prepared to attend the institution. Around that time, former head coach 1 gave former head coach 2 the prospect’s official academic transcripts so she could be admitted to the Institution.

In August 2016, the prospect was scheduled to interview for her student visa at the U.S. Embassy in Ghana and was required to pay a $200 Student and Exchange Visitor Program (“SEVIS I-901”) fee. However, she did not have a debit or credit card to pay the online fee. Instead, she gave the money to a friend, a Ghanaian resident, who transferred it electronically to former head coach 1 and hoped he would help. At that time, former head coach 1 informed the prospect that he was no longer the head women’s soccer coach at Mississippi Valley and that she should contact former head coach 2 for help. Around this same time, one of the prospect’s friends who played for Mississippi Valley approached former head coach 2 and told him that the prospect was panicking about not being able to pay the SEVIS I-901 fee and that her interview was scheduled the next day. As a result, former head coach 2 contacted the prospect to discuss the matter. On August 26, 2016, former head coach 1 transferred $200 to former head coach 2 who then paid the fee for the prospect on August 27. Former head coach 2 emailed the receipt to the prospect that same day so she could provide it as proof of payment during her interview. Former head coach 2 mistakenly believed his assistance to the prospect was permissible because she provided the money to cover the cost of the fee.

The prospect planned to travel to the United States in September 2016 after receiving her student visa. She could afford a plane ticket using money she received from her uncle; however, September 4, when the prospect attempted to book her flight, the airline declined her form of payment. She immediately contacted former head coach 2 who suggested that her father or uncle pay for the flight; however, this was not possible for reasons that were not disclosed. Former head coach 2 then told the prospect to send the money to him via Western Union so he could reserve the ticket. However, she did not know how to wire funds. Finally, former head coach 2 told the prospect that he would buy her ticket after she assured him that she had the necessary funds and promised to pay him back as soon as she arrived in the United States. Former head coach 2 purchased her ticket from Ghana to Memphis, Tennessee, for $1,154 and forwarded her the airline reservation details. The prospect subsequently flew to and arrived in the United States on September 12. After former head coach 2 picked her up at the airport and drove her to her dormitory, she gave him $1,155 cash as repayment.

This case was resolved through a negotiated resolution.

The Committee concluded that MVSU committed the following violations:

Violations of NCAA Division I Manual Bylaws 12.11.1, 13.2.1, 13.2.1.1-(e), 13.5.4, 13.15.1 and 16.8.1 (2016-17) (Level II)

Mississippi Valley, former head coach 2 and the NCAA enforcement staff agreed that in August and September 2016, former head coach 2 arranged for and provided impermissible recruiting inducements in the form of travel fees and expenses to the prospect so she could travel from her home in Ghana to the United States to enroll and compete for the women’s soccer program. As a result of the impermissible inducements, the prospect competed in 48 contests and received actual and necessary expenses while ineligible.

On August 27, 2016, former head coach 2 facilitated payment for the prospect’s SEVIS I-901 fee, which was a prerequisite for obtaining a student visa to study in the United States. The prospect gave $200 to intermediaries who then provided former head coach 2 the money to pay the fee. NCAA Bylaws 13.2.1, 13.2.1.1-(e) and 13.15.1 (2016-17).

On September 4, 2016, former head coach 2 paid for the prospect’s United Airlines flight from Accra, Ghana, to Memphis. The value of the impermissible recruiting inducement was approximately $1,154. The prospect repaid former head coach 2 soon after arriving in the United States September 12. NCAA Bylaws 13.2.1, 13.2.1.1-(e) and 13.5.4 (2016-17).

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

Mississippi Valley, former head coach 2 and the NCAA  enforcement staff agreed that in August and September 2016, former head coach 2 is presumed responsible for the violations detailed above and did not rebut the presumption of responsibility. Specifically, head coach 2 did not demonstrate that he promoted an atmosphere for compliance within the women’s soccer program due to his personal involvement in the violations.

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

Aggravating Factors for the Institution

A history of Level I, Level II or major violations by the institution.  NCAA Bylaw 19.9.3-(b).

Multiple Level II violations by the institution. NCAA Bylaw 19.9.3-(g).

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 Institution

Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties. NCAA Bylaw 19.9.4-b).

Affirmative steps to expedite final resolution of the matter, including timely submission of a negotiated resolution, pursuant to Bylaw 19.5.12.1. NCAA Bylaw 19.9.4-(c).

Aggravating Factors for Former Head Coach 2

Multiple Level II violations by the involved individual.  NCAA Bylaw 19.9.3-(g).

Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct.  NCAA Bylaw 19.9.3-(h).

Mitigating Factors for Former Head Coach 2

Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties.  NCAA Bylaw 19.9.4-b).

Affirmative steps to expedite final resolution of the matter, including timely submission of a negotiated resolution, pursuant to Bylaw 19.5.12.1.  NCAA Bylaw 19.9.4-(c).

The absence of prior conclusions of Level I, Level II or major violations committed by the involved individual.  NCAA Bylaw 19.9.4-(h).

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

1. Public reprimand and censure.
2. Probation: Three years of probation from March 13, 2020, through March 12, 2023.
3. Financial penalty: The Institution shall pay a fine of $5,000 plus one percent of the budget for the women’s soccer budget for the 2019-20 academic year.
4. Recruiting Restrictions: During the 2019-20 academic year, the Institution shall restrict recruiting activities in women’s soccer as follows: (a) Seven-week ban (not consecutive) of unofficial visits and no complimentary tickets; and (b) Ten-week ban (not consecutive) of off-campus recruiting.
5. Show-cause order: Former head coach 2 shall be subject to a one-year show-cause order from March 13, 2020, through March 12, 2021. As part of the show-cause order, the coach shall attend one NCAA Regional Rules Seminar in 2020 pursuant to Committee on Infractions’ IOP 5-15-3-2. Further, the coach shall be prohibited from all off-campus recruiting activities from January 6 through February 2, 2020, an approximate 7.5% ban of total possible recruiting weeks.
6. Head coach restrictions: Former head coach 2 is currently an assistant women’s soccer coach at another Division I institution. The institution shall suspend former head coach 2 from all coaching activities for the first four games during the 2020-21 academic year or 20% of the maximum number of allowable contests. The provisions of this suspension require that the coach not be present in the facility where games are played and have no contact or communication with women’s soccer coaching staff members or student-athletes during the suspension period. The prohibition includes all coaching activities for the period of time that begins at 12:01 a.m. on the day of each contest and ends at 11:59 p.m. that day. During that period, the coach may not participate in any coaching activities, including, but not limited to, team travel, practice, video study, recruiting and team meetings. The results of those contests from which the coach is suspended shall not count toward his career coaching record. The institution or any other employing member institution shall adhere to this penalty and the reporting requirements during the 2020-21 academic year.
7. Two game reduction during the women’s soccer regular season for the 2020-21 academic year.
8. Vacation of team and individual records: Ineligible participation in the women’s soccer program occurred as a result of violations in this case. Therefore, pursuant to Bylaws 19.9.7-(g) and 31.2.2.3 and Committee on Infractions’ IOP 5-15-6, the Institution shall vacate all regular season and conference tournament wins, ties, records and participation in which the ineligible student-athlete competed from the time she became inedible through the time she left the institution.

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