The NCAA Committee on Infractions Has Spoken: Seattle Pacific University (Division II)

Written by Christian Dennie
Monday, 08 May 2017 18:45

The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that the Seattle Pacific University (“SPU” or “Institution”) committed major violations of NCAA legislation. This case involved the women’s soccer program at SPU and centered on the former head women’s soccer coach’s financial mismanagement of institutional soccer camps. The parties agreed that this case involved violations of NCAA financial control, recruiting and personnel legislation, all of which demonstrated the former head coach’s failure to promote an atmosphere for compliance and the institution’s failure to monitor the women’s soccer program. The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (“SDR”). The Committee proposed additional penalties to the Institution and the former head coach. The Institution agreed to the additional penalties proposed by the Committee and therefore has no opportunity to appeal. The former head coach contested his additional penalty at an expedited hearing. The Committee retained the contested penalty, which the former head coach has the opportunity to appeal.

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

Violations of NCAA Constitution 6.2.1 (2010-11 through 2014-15)

The Institution, the former head women’s soccer coach (former head coach) and the NCAA enforcement staff agreed that from June 2011 until December 2014, the former head coach maintained two personal bank accounts, which he funded with proceeds from the Institution’s women’s soccer camps and a donation to the Institution’s women’s soccer program. Specifically, the former head coach processed approximately $20,125 in women’s soccer camp and tournament fees and a $500 donation to the women’s soccer program through two bank accounts, which were controlled by the former head coach rather than the Institution and not subject to the Institution’s established financial control procedures.

Violations of NCAA Bylaws 13.2.1, 13.12.1.5.1 and 13.15.1 (2010-11 through 2013-14)

The Institution, former head coach and the NCAA enforcement staff agreed that in July 2012 and July 2014, the former head coach permitted certain girls’ high school soccer teams, comprised of ninth through twelfth grade prospects, to pay lower rates than other teams to participate in the Institution’s women’s team soccer camps. During these two years, the Institution did not maintain and publish a documented standard for permitting the lower fees. Specifically, in 2012 and 2014, the former head coach permitted four high school teams to pay $150 to $500 less than other teams participating in the same camps and totaled approximately $1,650 in lower fees.

Violations of NCAA Bylaw 11.3.1 (2012-13 through 2013-14)

The Institution, former head coach and the NCAA enforcement staff agreed that during the summers of 2013 and 2014, the former head coach provided a then assistant women’s soccer coach cash payments for working at two institutional girls’ high school soccer camps. Specifically, the former head coach provided the assistant coach a total of $2,200 in cash payments outside of the Institution’s established payroll procedures for working at the Institution’s 2013 and 2014 summer women’s soccer camps.

Violations of NCAA Bylaw 11.1.2.1 (2010-11 through 2014-15)

The Institution, former head coach and the NCAA enforcement staff agreed that the scope and nature of the violations referenced above indicate that from at least June 2011 until December 2014, the former head coach failed to promote an atmosphere of compliance within the women’s soccer program. Specifically:

From June 2011 until December 2014, the former head coach processed approximately $20,000.00 in women’s soccer camp fees and a donation to the Institution’s women’s soccer program through two personal bank accounts, which were controlled by the former head coach rather than the Institution and not subject to the institution’s financial control procedures.

In July 2012 and July 2014, the former head coach permitted four high school girls’ soccer teams to pay between $150.00 and $500.00 less than other high school teams to participate in the Institution’s women’s team soccer camps.

During the summers of 2013 and 2014, the former head coach provided an assistant women’s soccer coach a total of $2,200 in cash payments outside of the Institution’s established payroll procedures for working at the Institution’s 2013 and 2014 summer women’s soccer camps.

Violations of NCAA Constitution 2.8.1 (2010-11 through 2014-15)

The Institution and the NCAAS enforcement staff agreed that from June 2011 until December 2014, the Institution failed to monitor its then head women’s soccer coach and his operation of the Institution’s women’s soccer camps as required by Constitution 2.8.1, which contributed to making it possible for the former head coach to commit the violations detailed above. Specifically, the Institution did not regularly review whether its head women’s soccer coach was submitting the appropriate amount of fees compared to the number of camp participants or charging similar rates for all girls’ high school teams partaking in the Institution’s women’s team soccer camps.

The Committee assessed penalties against SPU and penalized SPU as follows:

Public reprimand and censure.

Two years of probation from March 10, 2017, through March 9, 2019.

The Institution shall pay a fine of $2,500 to the Association.

The Institution shall vacate all wins in which the ineligible women’s soccer student-athlete competed.

The former head coach received a two-year show cause penalty.

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