The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that St. John’s University (“SJU” or “Institution”) committed violations of NCAA legislation.  This case involves the head women’s volleyball coach at SJU providing and arranging for impermissible recruiting inducements for a prospective student-athlete and providing impermissible benefits to two enrolled student-athletes. 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”). The Panel proposed further penalties to the institution and involved individual. Both agreed to the additional penalties. Therefore, neither party has an opportunity to appeal.

The Committee concluded that SJU committed the following violations:

Violations of NCAA Division I Manual Bylaws 13.2.1, 13.2.1.1-(g), 13.2.11-(h), 13.2.1.1-(i), 13.2.1.1-(k) and 13.11.1 (2016-17) (Level II)

From October 2016 through March 2017, the head coach provided and arranged for the prospect to receive impermissible recruiting inducements in the form of arranged housing, transportation and tutoring. Further, team members provided the prospect access to athletic facilities and equipment. The head coach or members of her staff also observed the prospect’s participation in volleyball open gyms in violation of NCAA tryout legislation.

In October 2016, the head coach arranged off-campus housing for the prospect. The head coach arranged for prospect to live in an off-campus house with six members of the women’s volleyball team. While the prospect paid proportional rent, the head coach’s arrangement of the housing constituted a recruiting inducement. At the time, the head coach knew the prospect was certified as an NCAA qualifier, but not admitted to the Institution and considered a prospective student-athlete. NCAA Bylaw 13.2.1 (2016-17).

In December 2016, the head coach provided impermissible local transportation to the prospect to take the Scholastic Aptitude Test (“SAT”) in Long Island, New York. Additionally, in the spring of 2017, the head coach directed an assistant volleyball coach to provide impermissible local transportation to the prospect to take the Test of English as Foreign Language (“TOEFL”) exam at the same location in Long Island. Each trip was approximately 60 miles round trip. On February 23, 2017, the head coach provided the prospect local transportation from an off-campus volleyball team dinner at a local restaurant to the Institution’s campus. The total value of all the transportation was approximately $71.00. NCAA Bylaw 13.2.1 (2016-17).

In December 2016 and March 2017, the prospect participated in open gyms which occurred after the conclusion of fall and spring practices. On limited occasions during the transition from practice to open gym, the head coach briefly observed and asked about the prospect’s participation during open gyms on the institution’s campus in violation of NCAA tryout legislation. The observations were brief in nature and while the head coach’s questions about the prospect had the intent to check on her welfare, nonetheless, the head coach was asking other student-athletes about a prospective student-athlete. On one occasion, the prospect rode a stationary bike on an adjacent court while the team concluded a practice in violation of NCAA recruiting inducement legislation. NCAA Bylaw 13.2.1 and 13.11.1 (2016-17).

Between October 2016 and March 2017, the head coach and a then graduate assistant volleyball coach provided free academic assistance on multiple occasions while preparing the prospect for her SAT and TOEFL. The graduate assistant provided the academic assistance after the head coach asked her. The prospect also had use of the laptops in the offices of the volleyball coaches during her preparation for the exams. NCAA Bylaw 13.2.1 and 13.2.1.1-(g) (2016-17).

From December 2016 to March 2017, women’s volleyball student-athletes provided the prospect the access code to the women’s volleyball locker room, which the prospect used on a regular basis. Additionally, because of this access, the prospect was able to use the volleyball team’s laundry service to wash her workout clothes. NCAA Bylaw 13.2.1 and 13.2.1.1-(g) (2016-17).

Violations of NCAA Division I Manual Bylaws 12.11.1, 16.8.1 and 16.11.2.1 (2014-15 through 2016-17) (Level III)

 The Institution, head coach and enforcement staff agreed that during the 2015-16 and 2016-17 academic years, head coach provided two women’s volleyball student-athletes with impermissible benefits. The approximate value of the impermissible benefits was $177.00. As a result of the impermissible benefits, two student-athletes competed in 14 contests and received actual and necessary expenses while ineligible.

On March 24, 2016, the head coach provided a women’s volleyball student-athlete two tickets to a professional basketball game in Brooklyn, New York. The provision of tickets was not provided as entertainment in conjunction with practice and competition, which made it impermissible. The approximate value of the two tickets was $120.00. NCAA Bylaws 12.11.1, 16.8.1 and 16.11.2.1 (2016-17).

On August 1, 2015, the head coach provided a second women’s volleyball student-athlete a ticket to a Broadway musical in New York City. The provision of the ticket was not provided as entertainment in conjunction with practice and competition, which made it impermissible. The approximate value of the ticket was $57.00. NCAA Bylaws 12.11.1, 16.8.1 and 16.11.2.1 (2015-16).

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

 During the 2015-16 and 2016-17 academic years, 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 because she was directly involved in providing impermissible recruiting inducements to the prospect and extra benefits to current volleyball student-athletes, as detailed above and the Level III violations and failed to report the matter to the Institution’s compliance staff or inquire as to whether those activities were permissible. NCAA Bylaw 11.1.1.1 (2015-16 and 2016-17).

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

During the 2016-17 academic year, the scope and nature of the violations detailed above demonstrate that the Institution violated the NCAA principle of rules compliance when it failed to adequately monitor its women’s volleyball program and the conduct of the head coach to ensure compliance with NCAA legislation. Specifically, in 2016 fall, the Institution’s associate vice president for athletics/sport supervisor for women’s volleyball became aware of and met the prospect, who at the time was living in the locale of the institution while she studied English to pass the TOEFEL. However, this athletics administrator failed to recognize associated compliance issues and thus, did not bring this matter to the attention of the institution’s athletic compliance staff for review. Furthermore, no other athletic administrators detected the violations or brought the issue to compliance’s attention, even though the prospect was in the women’s volleyball offices, locker room and practice court on multiple occasions. As a result, violations of NCAA legislation continued until the compliance staff discovered them several months later, at which point the matters were promptly reviewed and self-reported as violations to the NCAA.

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

Aggravating Factors for the Institution

 19.9.3-(g): Multiple Level II violations by the institution; and

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

 Mitigating Factors for the Institution

19.9.4-(b): Prompt acknowledgment of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties;

19.9.4-(c): An established history of self-reporting Level III or secondary violations; and

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

Aggravating Factors for the Head Coach

 19.9.3-(g): Multiple Level II violations; and

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

Mitigating Factor for the Head Coach

19.9.4-(b): Prompt acknowledgement of the violation(s) and acceptance of responsibility.

19.9.4-(h): The absence of prior conclusions of Level I, Level II or major violations committed by the DOBO.

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

1. Public reprimand and censure.
2. Probation: Two years of probation from December 20, 2018, through December 19, 2020.
3. Financial penalty: The Institution shall pay a fine of $10,000.
4. Scholarship reductions: During the 2017-18 academic year, the Institution shall reduce the number of grants-in-aid awarded in women’s volleyball by one.
5. Recruiting restrictions: During the 2018-19 academic year, the Institution shall restrict recruiting opportunities in women’s volleyball as follows: 1) A five percent (5%) reduction in women’s volleyball official paid visits to campus, based on the average number provided during the previous four academic years; and 2) A two-week ban in off-campus recruiting for the women’s volleyball program.
6. Show Cause Order: The Head Coach received a one-year show cause penalty. The terms of the show-cause order are as follows: 1) during the period of the show-cause order, the head coach shall attend an NCAA Regional Rules Seminar. As part of its annual compliance reports, SJU shall certify all sessions at the seminar attended by the head coach; and 2) Head Coach Restriction: As part of the show-cause order and pursuant to Bylaw 19.9.5.5, SJU shall suspend the head coach from all coaching duties for two and one-half months and from 14 regular season contests. The show-cause period shall run from December 20, 2018, through December 19, 2019.

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