The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Texas A&M University  (“Institution” or “TAMU”) committed violations of NCAA legislation.

TAMU, head football coach, (“head coach”), assistant football coach (“assistant coach”), and the NCAA enforcement staff agreed that between January 2018 and February 2019, violations of NCAA legislation occurred in the Institution’s football program. The violations involved impermissible recruiting activity, impermissible countable athletically related activities (“CARA”) and a failure to satisfy the responsibilities of a head coach. The parties agreed that this case is Level II-Mitigated for the Institution, Level II-Standard for the head coach, and Level II- Mitigated for the assistant coach.

In August 2018, the NCAA enforcement staff received information regarding possible violations of NCAA legislation involving the Institution’s football program. Shortly thereafter, the Institution and NCAA enforcement staff began a collaborative investigation.

In January 2019 and as the Institution and NCAA enforcement staff’s investigation of the initial allegations was ending, the NCAA enforcement staff learned that the head coach and assistant coach made an impermissible recruiting contact with a 2020 football prospective student-athlete at his high school. In addition to confirming the violation with the prospective student-athlete and two of his high school football coaches, the NCAA enforcement staff obtained video evidence of events surrounding the impermissible contact. The parties agreed that this violation is Level II.

The Institution and NCAA enforcement staff determined that the football program also exceeded weekly CARA limits for multiple weeks during the spring and summer of 2018. During approximately seven weeks of the spring and summer of 2018, the Institution’s football program unintentionally required football student-athletes to participate in CARA for periods ranging from 13 minutes to more than two hours beyond NCAA legislated weekly limitations. The seven weeks of overages resulted in approximately seven hours of impermissible CARA. The football student-athletes did not exceed the daily or total amount of CARA permitted for this 21-week period. The Institution and NCAA enforcement staff agreed that this violation is Level III.

Finally, the Institution, head coach, and NCAA enforcement staff agreed that the head coach failed to promote an atmosphere of compliance and monitor the institution’s football program. The head coach was personally involved in the impermissible recruiting contact with the prospective student-athlete, and he failed to demonstrate that he monitored the football program’s CARA limits during the spring and summer of 2018. The Institution, head coach and NCAA enforcement staff agreed that this violation is Level II.

This case was resolved through a negotiated resolution.

The Committee concluded that TAMU committed the following violations:

Violations of NCAA Division I Manual Bylaws 13.1.1.1 (2018-19) (Level II)

On January 22, 2019, the head coach and assistant coach had an impermissible off-campus recruiting contact with the prospective student-athlete at his high school before July 1 following the completion of the prospective student-athlete’s junior year in high school. Specifically, the head coach and assistant coach met impermissibly with the prospective student-athlete in his high school football coaches’ office for 15 to 20 minutes and discussed the Institution’s interest in the prospective student-athlete enrolling as a football student-athlete.

Violations of NCAA Division I Manual Bylaws 17.1.7.1, 17.1.7.2-(b), 17.1.7.2.1.5.2 and 17.10.6.1.1-(b) (2017-18) (Level III)

Between January 1 and July 31, 2018, the football program unintentionally engaged football student-athletes in CARA beyond NCAA legislated weekly limitations. Specifically, during approximately seven of the 21 permissible weeks of the spring and summer of 2018, one or more position groups within the Institution’s football program participated in CARA for periods ranging from 13 minutes to more than two hours beyond NCAA legislated weekly limitations resulting in approximately seven hours of impermissible CARA. During the other 14 weeks of this period, the football student-athletes participated in CARA for less than the permissible number of hours and never exceeded daily or weekly limitations.

Violations of NCAA Division I Manual Bylaw 11.1.1.1 (2017-18 and 2018-19) (Level II)

Between January 1, 2018, and January 23, 2019, the head coach is presumed responsible for the violations detailed above and did not rebut the presumption of responsibility.

The head coach did not demonstrate that he promoted an atmosphere of compliance due to his personal involvement in the impermissible recruiting contact violation detailed above. NCAA Bylaw 11.1.1.1 (2018-19).

The head coach did not demonstrate that he monitored his staff because he failed to ensure that members of his football staff were not requiring football student-athletes to participate in CARA beyond NCAA legislated weekly limitations as detailed above. NCAA Bylaw 11.1.1.1 (2017-18).

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.  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(s) 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.  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/coaches’ control standards.  NCAA Bylaw 19.9.4-(e).

Aggravating Factors for the Head Coach

• Multiple Level II violations by the institution.  NCAA Bylaw 19.9.3-(g).
• Persons of authority condoned, participated in or negligently disregarded the violation(s) or related wrongful conduct.  NCAA Bylaw 19.9.3-(h).

Mitigating Factors for the Head Coach

• Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.9.4-(c).
• The absence of prior conclusions of Level I, Level II or major violations.  NCAA Bylaw 19.9.4-(h).

Aggravating Factors for the Assistant Coach

• None.

Mitigating Factors for the Assistant Coach

• Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.9.4-(c).
• The absence of prior conclusions of Level I, Level II or major violations.  NCAA Bylaw 19.9.4-(h).

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

1. Public reprimand and censure.
2. Probation: One year of probation from July 2, 2020 through July 1, 2021.
3. Financial penalty: The institution will pay a fine of $5,000 to the NCAA.
4. Recruiting Restrictions: (a) the Institution shall reduce unofficial visits for football by 17 days for the 2019- 20 academic year; (b) the Institution imposed an off-campus recruiting ban for the entire football coaching staff for November 2019, which reduced the permissible evaluation days for the 2019-20 academic year by 19; and (c) the Institution shall impose a seven-day off-campus recruiting ban for the entire football coaching staff for the 2020 spring off-campus recruiting period and a 10- day off-campus recruiting ban for the entire football coaching staff for the 2020 fall off-campus recruiting period.
5. The Institution ceased the recruitment of the prospective student-athlete.
6. The Institution shall ban the recruitment of any football prospective student-athletes at the prospect’s high school for the 2019-20, 2020-21 and 2021-22 academic years.
7. Show-Cause Order – Head Coach: shall be subject to a six-month show-cause order from July 2, 2020, (date negotiated resolution is released) through December 31, 2020.4 The terms of the show-cause are as follows: (a) the Institution banned the head coach from completing any phone calls, emails or text messages with prospects for nine days in January 2020; (b) the Institution reduced the head coach’s off-campus recruiting contact days by three for the December 2019 through January 2020 contact period; (c) the Institution shall ban the head coach from all off-campus recruiting activities for the entire fall of 2020 contact period, which will begin late November or early December 2020 and end mid-December 2020, and align with the FBS recruiting calendar; (d) the Institution shall provide additional one-on-one rules education for the head coach; and (e) the head coach shall issue a public statement in coordination with the Institution addressing the violations.
8. Show-Cause Order – Assistant Coach: shall be subject to a six-month show-cause order from July 2, 2020, (date negotiated resolution is released) through December 31, 2020.6 The terms of the show-cause are as follows: (a) the Institution banned the assistant coach from completing any phone calls, emails or text messages with prospects for nine days in January 2020; (b) the Institution reduced the assistant coach’s off-campus recruiting contact days by three for the December 2019 through January 2020 contact period; (c) the Institution shall ban the assistant coach from all off-campus recruiting activities for the entire fall of 2020 contact period, which will begin late November or early December 2020 and end mid-December 2020, and align with the FBS recruiting calendar; and (d) the Institution shall provide additional one-on-one rules education for the assistant coach.

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