The NCAA Committee on Infractions Has Spoken: Southern Illinois University at Carbondale

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Southern Illinois University at Carbondale (“SIU” or “Institution”) committed violations of NCAA legislation.  This case involved the women’s swimming and diving program at SIU.  It centered on impermissible diving lessons and involved two coaches; the head swimming and diving coach and the diving coach. The Panel 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”). SIU self-imposed corrective actions and penalties, most of which the Panel adopted. However, the Panel proposed additional penalties to the Institution and two involved coaches. SIU and the two coaches accepted the additional penalties. Therefore, the parties may not appeal.

The Committee concluded that SIU committed the following violations:

Violations of NCAA Division I Manual Bylaws 12.4.2.1, 13.2.1 and 13.2.1.1-(g) (2014-15 and 2015-16); 13.11.1 (2014-15 through 2016-17); and 13.02.5.5 (2015-16) (Level II)

SIU, the diving coach and the NCAA enforcement staff agreed that from February 2015 through February 2017, the diving coach conducted and arranged for a then women’s diving student-athlete to conduct numerous impermissible tryouts and fee-for-lesson instruction with two then women’s diving prospects at the Institution’s on-campus rec center. Further, the diving coach arranged approximately $205.00 in impermissible recruiting inducements in the form of 41 reduced-cost diving lessons for the two then women’s diving prospects. Additionally, the diving coach, the then women’s diving student-athlete and a then volunteer diving coach conducted numerous impermissible tryouts and fee-for-lesson instruction with other women’s diving prospects and a non-prospect-aged individual at the rec center.

Between February 27, 2015, and January 14, 2016, the diving coach arranged for the then women’s diving student-athlete to conduct approximately 37 impermissible fee-for-lesson instructions with student-athletes 1 and 2 using institutional facilities. Further, 35 of the lessons were provided at a reduced cost. Additionally, the diving coach conducted approximately six diving lessons with student-athletes 1 and 2 at a reduced cost, which also constituted impermissible tryouts. NCAA Bylaws 12.4.2.1, 13.2.1, 13.2.1.1-(g) and 13.11.1 (2014-15 and 2015-16).

Between July 27, 2015, and February 6, 2016, a then women’s diving student-athlete conducted six impermissible fee-for-lesson instructions with two women’s diving prospects and a non-prospect-aged individual using institutional facilities. NCAA Bylaw 12.4.2.1 (2014-15 and 2015-16).

On November 10, 2015, the diving coach conducted one diving lesson during a dead period with student-athletes 1 and 2. NCAA Bylaw 13.02.5.5 (2015-16).

Between August 28, 2016, and February 7, 2017, the diving coach or a then volunteer diving coach conducted six diving lessons with a prospect at the rec center, which constituted impermissible tryouts. NCAA Bylaw 13.11.1 (2016-17).

Violations of NCAA Division I Manual Bylaws 12.11.1, 14.3.2.1.1, 16.8.1 and 16.11.2.1

(2015-16 and 2016-17) (Level II)

SIU, the diving coach, and NCAA enforcement staff agreed that during 2016, the diving coach provided and arranged for the then volunteer diving coach to provide $410.00 in impermissible benefits in the form of 75 reduced-cost diving lessons to student-athletes 1 and 2 at the Institution’s on-campus rec center. As a result of the impermissible diving lessons, the diving coach and the then volunteer diving coach engaged in impermissible practice during the 2016 calendar year with the nonqualifier student-athletes serving their year in residence. As a result of these violations, and those above, during January and February 2017, student-athletes 1 and 2 competed in a total of five dates of competition and received actual and necessary expenses while ineligible.

Between January 24, 2016, and August 19, 2016, the diving coach provided student-athletes 1 and 2 each approximately 30 impermissible reduced-cost diving lessons. NCAA Bylaws 14.3.2.1.1 and 16.11.2.1 (2015-16 and 2016-17).

Between August 22, 2016, and December 7, 2016, the diving coach arranged for the then volunteer diving coach to provide student-athletes 1 and 2 each approximately 45 impermissible reduced-cost diving lessons. NCAA Bylaws 14.3.2.1.1 and 16.11.2.1 (2016-17).

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2014-15 through 2016-17) (Level II)

SIU, the head coach, and NCAA enforcement staff agreed that during February 2015 through February 2017, 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 he promoted an atmosphere of compliance and did not demonstrate that he monitored his staff within the men’s and women’s swimming and diving program because the head coach was aware the diving coach was providing student-athletes 1 and 2 diving lessons and failed to report the matter to compliance or inquire as to whether it was permissible.

Violations of NCAA Division I Manual Constitution 2.8.1 (2014-15 through 2016-17) (Level II)

The NCAA enforcement staff and SIU agree that from February 2015 through February 2017, the scope and nature of the violations detailed above demonstrated that SIU violated the NCAA principle of rules compliance when it failed to adequately monitor its women’s diving program and the conduct of the men’s and women’s diving coach to ensure compliance with NCAA legislation.

SIU failed to monitor the activities of student-athletes 1 and 2, who were on campus engaging in impermissible tryouts, fee-for-lesson instruction and practice from February 2015 through December 2016.

SIU failed to monitor the activities of the diving coach who provided and arranged for the provision of impermissible recruiting inducements and benefits to student-athletes 1 and 2.

The Institution failed to monitor the activities of the diving coach, and at the direction of the diving coach, the then volunteer diving coach and then student-athlete who conducted impermissible tryouts, fee-for-lesson instruction and practice with student-athletes 1 and 2, other women’s diving prospects and a non-prospect-aged individual.

SIU failed to educate the women’s swimming and diving coaching staff, student-athletes and Institution’s rec center staff concerning NCAA rules, which prevented the head coach, the diving coach, then volunteer coach and then women’s diving student-athlete from recognizing the violations detailed above.

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

Aggravating Factors for the Institution

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

(b) Persons of authority condoned, participated in or negligently disregarded violation. NCAA Bylaw 19.9.3-(h).

Mitigating Factors for the Institution

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

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

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

(d)  The absence of prior conclusions of Level I, Level II or major violations. NCAA Bylaw 19.9.4-(h).

Aggravating Factors for the Head Coach

(a)  Persons of authority condoned, participated in or negligently disregarded violation. NCAA Bylaw 19.9.3-(h).

Mitigating Factors for the Head Coach

(a)  Prompt acknowledgement of the violation, acceptance of responsibility. NCAA Bylaw 19.9.4-(b).

(b)  The absence of prior Level I, Level II or major violations. NCAA Bylaw 19.9.4-(h).

Aggravating Factors for the Diving Coach

(a)  Multiple Level II violations. NCAA Bylaw 19.9.3-(g).

(b)  Persons of authority condoned, participated in or negligently disregarded violation. NCAA Bylaw 19.9.3-(h).

Mitigating Factors for the Diving Coach

(a)  Prompt acknowledgement of the violation, acceptance of responsibility. NCAA Bylaw 19.9.4-(b).

(b)  The absence of prior Level I, Level II or major violations in the sports program. NCAA Bylaw 19.9.4-(h).

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

1.  Public reprimand and censure.

2.  A three-year probationary period beginning September 7, 2018, through September 6, 2021.

3.  SIU shall pay a $5,000 fine to the NCAA.

4.  Beginning with the 2019-20 academic year through the 2021-22 academic year, SIU shall reduce the number of equivalencies in women’s swimming and diving by 10 percent from the average number awarded over the four-year span from the 2013-14 through 2016-17 academic years (12.05). This limits the Institution to no more than 10.85 equivalencies in women’s swimming and diving during each of the specified three years. The Institution has the option to implement the scholarship reductions beginning with the 2018-19 academic year and conclude with the 2020-21 academic year.

5.  During each academic year of the probationary period (2018-19 through 2020-21), the Institution shall limit official visits in women’s swimming and diving to 12.

6.  During each academic year of the probationary period, SIU shall implement a six-week ban on recruiting communication (phone calls, text messaging, emails, social media etc.) in women’s swimming and diving. The six weeks shall be at the Institution’s discretion and the plan for implementing the recruiting communication restriction shall be included in the Institution’s preliminary compliance report.

7.  During each academic year of the probationary period, SIU shall implement a six-week off-campus recruiting ban in women’s swimming and diving. The six weeks shall be at the Institution’s discretion and the plan for implementing the off-campus recruiting ban shall be included in the institution’s preliminary compliance report.

8.  The head coach shall be subject to a one-year show-cause order from September 7, 2018, to September 6, 2019.  SIU suspended the head coach for one competition in the fall of 2017. In addition to the suspension self-imposed by SIU, the Institution shall suspend the head coach from all coaching duties for 30 percent of the maximum allowed dates of competition during the 2018-19 academic year. This equates to six days of suspension during that year. The provisions of this suspension require that the head coach not be present in the natatorium where the swim meets are conducted and have no contact or communication with members of the swimming coaching staff and student-athletes during the suspension dates. The prohibition includes all coaching activities for the period of time which begins at 12:01 a.m. the day of the competition and ends at 11:59 p.m. that day. During that period, the head coach may not participate in any activities including, but not limited to, team travel, practice, video study and team meetings.

9.  The diving coach shall be subject to a three-year show-cause order from September 7, 2018, to September 6, 2021.  SIU suspended the diving coach for two competitions during the 2017-18 academic year. In addition to the two competitions suspension self-imposed by SIU, the institution shall suspend the diving coach from all coaching duties for five dates of competition during each of the 2018-19 through 2020-21 academic years. The provisions of this suspension require that the diving coach not be present in the natatorium where the swim meets are conducted and have no contact or communication with members of the swimming and diving coaching staff and student-athletes during the five days of competition suspension. The prohibition includes all coaching activities for the period of time which begins at 12:01 a.m. the day of the competition and ends at 11:59 p.m. that day. During that period, the diving coach may not participate in any activities including, but not limited to, team travel, practice, video study and team meetings. 

10. SIU acknowledged that ineligible participation in the women’s diving program occurred as a result of the violations in this case. Therefore, pursuant to NCAA Bylaws 19.9.7-(g) and 31.2.2.3, SIU shall vacate all regular season and conference tournament records and participation in which the ineligible student-athletes competed from the time they became ineligible through the time they were reinstated as eligible for competition.

11. The head coach and the diving coach attended an NCAA Regional Rules Seminars in 2018 and both will be required to attend a seminar again in 2019. Attendance at both seminars is at the coaches’ own expense.

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