The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that San Diego State University (“SDSU” or “Institution”) committed violations of NCAA legislation. In November 2018, after the season concluded, three women’s volleyball student-athletes reported possible NCAA violations to their academic counselor. The allegations involved mandatory summer workouts and excessive countable athletically related activities (“CARA”). The academic counselor notified the athletics compliance staff about the allegations. Shortly thereafter, the institution notified the NCAA enforcement staff of the allegations and advised the staff of its plan to conduct interviews with the student-athletes. The institution collaborated with the enforcement staff and kept them informed of the investigation’s progress.  The institution submitted a self-report of the violations in March 2019. The NCAA enforcement staff issued a notice of inquiry in May and conducted on-campus interviews. Those interviews further substantiated that the head coach did not rebut the presumption of responsibility for most of the violations. Also, through the interviews and a review of documents, the NCAA enforcement staff confirmed that the institution implemented adequate compliance monitoring systems and provided sufficient NCAA rules education. Therefore, this case did not include a failure to monitor by the institution. SDSU, head coach and NCAA enforcement staff considered the nature of the violations while discussing case processing options. The parties believe negotiated resolution was appropriate due to the agreement on facts, violations, level classification and penalties.

The Committee concluded that SDSU committed the following violations:

Violations of NCAA Division I Manual Bylaws 17.02.18 (2014-15 through 2016-17); 17.1.7.2.1,1 17.25.11 and 17.25.12 (2014-15 through 2018-19); 17.02.19 (2017- 18); and 17.1.7.1 (2018-19) (Level II)

The institution; head women’s volleyball coach (“head coach”), and NCAA enforcement staff agreed that from at least June 2015 through December 2018, the head coach and the women’s volleyball coaching staff violated the provisions of CARA legislation.

During at least the summers of 2015 through 2018, the head coach directed the volleyball student-athletes to report for participation in open gyms and strength and conditioning activities. As a result, the student-athletes’ participation was not voluntary and constituted impermissible CARA. NCAA Bylaws 17.02.18 (2014-15 through 2016-17); 17.1.7.2.1 and 17.25.11 (2014-15 through 2017- 18); and 17.02.19 (2017-18).

During at least the summers of 2015 through 2018, the head coach directed enrolled freshman student-athletes to impermissibly participate as campers in the institution’s camps. NCAA Bylaws 17.1.7.2.1, 17.25.11 and 17.25.12 (2014-15 through 2017-18).

On December 4, 2018, during the playing season, the women’s volleyball coaching staff directed student-athletes to participate in an open gym with a prospective student-athlete who was on an official visit. The student-athletes’ participation caused the program to exceed the maximum of 20 hours per week by one hour. NCAA Bylaw 17.1.7.1 (2018-19).

Violations of NCAA Division I Manual Bylaws 13.11.1 and 13.11.2.3 (2015-16, 2017-18 and 2018-19) (Level II)

The institution, head coach and NCAA enforcement staff agreed that from March 7, 2016, through December 4, 2018, the women’s volleyball coaching staff organized 11 prospective student- athletes’ participation in open gym with women’s volleyball student-athletes during their campus visits, which occurred over six sets of campus visits. Their participation in open gym was considered a physical workout or other recreational activity and constituted impermissible tryouts.

Violations of NCAA Division I Manual Bylaws 13.1.1.2 (2018-19) (Level III)

 The institution, head coach and NCAA enforcement staff agreed that December 4, 2018, the women’s volleyball coaching staff had an impermissible recruiting contact with one prospective student- athlete and her mother during their campus visit. Specifically, the coaching staff had in-person contact with volleyball prospective student-athlete prospect, who was not a qualifier and in her first year of full-time enrollment at a two-year college, and prospect’s mother at a local restaurant located off the institution’s campus.

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2014-15 through 2018-19) (Level II)

 The institution, head coach and NCAA enforcement staff agreed that from June 2015 through December 2018, 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 she promoted an atmosphere of compliance within the women’s volleyball program due to her personal knowledge of and involvement in the violations. Additionally, even though athletics administrators notified the head coach in October 2016 that student-athletes raised concerns about potential mandatory activities during the summer and advised her to clearly communicate the voluntary nature of such activities in the future, the head coach failed to ensure that subsequent summer activities complied with NCAA legislation.

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, 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 the imposition of meaningful corrective measures. NCAA Bylaw 19.9.4-(b).

Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.9.4-(c).

An established history of self-reporting Level III or secondary violations. NCAA Bylaw 19.9.4-(d).

Implementation of a system of compliance methods designed to ensure rules compliance and satisfaction of institutional control standards (e.g. National Association of Athletics Compliance Reasonable Standards). NCAA Bylaw 19.9.4-(e).

Aggravating Factors for the Head Coach

 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 the Head Coach

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).

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

1. Public reprimand and censure.
2. Probation: One year of probation from January 17, 2020 through January 16, 2021.
3. Financial penalty: The institution shall pay a fine of $5,000 to the NCAA.
4. Recruiting Restrictions: The institution shall reduce official paid visits for women’s volleyball during the 2019-20 academic year by 5% of the average number of official paid visits for women’s volleyball during the previous four years.
5. Show-Cause Order – Head Coach Restrictions: The institution shall suspend the head coach from the first two regular season games of the 2020 women’s volleyball season. The provisions of this suspension require that the head coach not be present in the arena where the contest is played and have no contact or communication with members of the women’s volleyball program or student-athletes during the two- game suspension. The prohibition includes all coaching activities for the period of time which begins at 12:01 a.m. the day of the game and ends at 11:59 p.m. that day. During that period, the head 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 the contests from which the head coach is suspended shall not count in her 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.
6. Once a month during the 2019-20 academic year, the institution will require that one women’s volleyball student-athlete meet individually with compliance to review countable athletically related activities (CARA) practice logs.
7. Recruiting Restrictions: The institution reduced contacts with prospective student- athlete by two once such contacts were permissible.

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