The NCAA Committee on Infractions (“Committee” or “Panel” or “COI“) recently issued its findings and found that Texas Christian University (“TCU” or “Institution”) committed violations of NCAA legislation.  This case involved impermissible student-athlete employment compensation in the football and men’s and women’s basketball programs, in addition to unrelated coaching staff limitation and practice violations in the men’s and women’s swimming and diving programs at TCU. COI 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 adopted TCU’s self-imposed penalties and proposed further penalties to the institution and the head swimming and diving coach. TCU and the head coach contested portions of the proposed penalties. Following an expedited hearing, the panel declined to prescribe a vacation of records penalty and modified the financial penalty and head coach’s show-cause order.

The Committee concluded that TCU committed the following violations:

Violations of NCAA Division I Manual Bylaws 12.4.1, 12.11.1 and 16.8.1 (2014-15 through 2017-18) (Level II)

The institution and NCAA enforcement staff agreed that from 2015 through 2018, 33 football, men’s basketball and women’s basketball student-athletes received employment compensation for work not performed. Specifically, the student-athletes were employed in the institution’s Physical Plant Summer Maintenance Program and at times, did not clock-out but remained on the clock when they left the job site to attend classes, workouts or other activities. Thus, while they earned most of the pay they received, some pay was not earned. The excess payments ranged from $74 to $2,687 per student-athlete (some of whom worked more than one summer), a total of approximately $19,796 over the four years. As a result of the violations, the student-athletes competed and received actual and necessary expenses while ineligible.

Violations of NCAA Division I Manual Bylaws 11.7.1.1, 11.7.3, 11.7.6, 17.1.7.1, 17.1.7.3.4, 17.1.7.6 and 17.1.7.6.1 (2017-18) (Level II)

The institution, head coach and enforcement staff agree that on numerous occasions from August 2017 through February 2018, the head coach instructed the staff member listed on the coaching staff designation form during the period from August through October 3, 2017 and another staff member from October 4, 2017 through January 2018, then graduate assistant managers, to engage in coaching activities with swimming and diving student-athletes. Additionally, the head coach and the swimming and diving coaching staff (coaching staff) required student-athletes to participate in CARA beyond NCAA legislated daily and weekly hour limitations. Further, the head coach failed to ensure the accurate recording of student-athletes’ countable hours in weekly reports to the compliance staff. Specifically:

From August through October 3, 2017, the head coach instructed a staff member, who at the time was designated as the team’s manager, to provide technical and/or tactical instruction to student-athletes. Further, from October 4, 2017, through January 2018, the head coach instructed another staff member, who replaced the first staff member as the graduate assistant manager, to provide technical and/or tactical instruction to student-athletes. In both instances, the instruction occurred during in-season organized practice time and occurred on a regular and consistent basis. As a result of the two graduate assistant managers’ participation in the coaching activities, the institution exceeded by one the numerical limitation of six men’s and women’s swimming and diving coaches. [NCAA Bylaws 11.7.1.1, 11.7.3 and 11.7.6 (2017-18)]

During six weeks in the fall of 2017, the head coach and the coaching staff directed or supervised swimming and diving student-athletes’ participation in approximately 20 hours and 30 minutes of CARA per week, exceeding the maximum of four hours per day and 20 hours per week. Additionally, the coaching staff impermissibly used a travel day as a day off and therefore failed to provide the required day off during the week of January 1, 2018. Further, during the week of January 15, 2018, the coaching staff directed or supervised some swimming and diving student-athletes’ participation in 20 hours and 15 minutes to 20 hours and 45 minutes of CARA, exceeding the maximum of four hours per day and 20 hours per week. Further, the head coach failed to ensure the accurate recording of student-athletes’ countable hours in weekly reports to the compliance staff. NCAA Bylaws 17.1.7.1, 17.1.7.3.4, 17.1.7.6 and 17.1.7.6.1 (2017-18).

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2017-18) (Level II)

The parties agreed that from August 2017 through February 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 he promoted an atmosphere of compliance due to his personal involvement in the violations.

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

Aggravating Factors for the Institution

A history of major violations at 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 self-detection and self-disclosure of the violations. NCAA Bylaw 19.9.4-(a).

Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties. 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).

Exemplary cooperation. NCAA Bylaw 19.9.4-(f).

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 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 Level I, Level II or major violations committed by the head coach. NCAA Bylaw 19.9.4-(h).

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

1. Public reprimand and censure.
2. Probation: One year of probation from December 20, 2019, through December 19, 2020.
3. Financial penalty: A financial penalty of $19,796. (Self-imposed.) Additionally, because of the ineligible participation of a men’s basketball student-athlete in a championship event due to receipt of unearned wages in the campus summer maintenance program, the panel prescribes an additional financial penalty Accordingly, the institution shall pay a fine equal to 10% of the value of one unit the institution earned for participation in the first round of the 2018 Division I Men’s Basketball Championship.
4. A two-for-one penalty in the swimming and diving programs for CARA and day-off violations. Over the course of two weeks in spring 2018, student-athletes’ CARA hours were reduced by double of what they initially exceeded. This ranged from a six to eight-and-a-half-hour reduction of CARA, depending on the student-athlete. Furthermore, the coaching staff was required to provide an additional day off during each of these two weeks for total of two additional days off.
5. A reduction by one in the maximum countable coaches (from six to five) in the swimming and diving program during the 2018-19 academic year. Further, the institution did not hire a graduate assistant diving coach for the 2018-19 academic year, as allowed under recently approved NCAA legislation.
6. During the one-year probationary period, compliance staff members, particularly any such compliance staff members with student-athlete employment oversight responsibilities, shall attend an NCAA Regional Rules Seminar. The institution’s annual compliance shall identify the staff members who attended and document the sessions in which they participated.

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