The University of Alaska Fairbanks (“UAF”) is a member of Division II of the NCAA and also sponsors Division I men’s ice hockey. As a result, this matter is a cross-divisional case. The NCAA Division I Committee on Infractions and NCAA Division II Committee on Infractions (collectively “Committees”) recently issued their findings and found UAF committed violations of NCAA legislation. After the investigation concluded the case was submitted to the Committees through the summary disposition process, which is an alternative to a formal hearing before the Committees that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute violations of NCAA legislation. UAF requested an expedited hearing to challenge some of the Committees’ proposed penalties.

This case centers on UAF’s erroneous eligibility certification of 40 initial-enrolling, continuing and transfer student-athletes from the 2007-08 academic year through 2011-12. Nine of the student-athletes participated in men’s ice hockey, while the other 31 were Division II student-athletes. They were ineligible for a number of reasons, including failure to declare a degree program by their fifth semester of enrollment, failure to complete six semester hours of degree credit in a preceding regular academic term, failure to be enrolled in a full-time program of studies, failure to meet general eligibility requirements and failure to meet transfer requirements. The violations, as well as UAF’s failure to act when it became aware that its system of certifying athletics eligibility was deficient, demonstrated that the institution lacked control over, and failed to monitor, its athletics program.

The NCAA Division I Committee on Infractions determined that the case should move forward under a Level I standard and the NCAA Division II Committee on Infractions determined that UAF committed major violations and secondary violations of NCAA legislation. The Committees concluded that UAF committed the following violations of NCAA legislation:

Violations of NCAA Division I Manual Bylaws 14.01.1, 14.4.3.1.5, 14.10.1 and 16.8.1.2 (2007-08); 14.01.1, 14.4.3.1.6, 14.10.1 and 16.8.1.2 (2008-09); 14.01.1, 14.4.3.2, 14.10.1 and 16.8.1.2 (2009-10); 14.01.1, 14.4.3.1, 14.4.3.1.7, 14.4.3.2, 14.4.3.2.2, 14.10.1 and 16.8.1.2 (2010-11)

From the 2007-08 to the 2010-11 academic years, UAF failed to properly certify student-athlete eligibility based on continuing and transfer academic requirements. As a result, UAF permitted six Division I men’s ice hockey student-athletes to represent the institution in 124 contests and receive travel expenses for 63 contests while academically ineligible. This finding serves as part of the basis for the lack of institutional control violation.

Violations of NCAA Division I Manual Bylaws 14.01.1, 14.1.7.1, 14.10.1 and 16.8.1.2 (2008-09, 2009-10, 2010-11 and 2011-12)

From the 2008-09 to the 2011-12 academic years, UAF permitted four Division I men’s ice hockey student-athletes, who were not regularly enrolled, degree-seeking students, to compete in 124 contests and receive travel expenses for 62 contests while ineligible. This finding serves as part of the basis for the lack of institutional control violation.

Violations of NCAA Division II Manual Bylaws 14.01.1, 14.01.2, 14.1.8.1, 14.4.3.1, 14.4.3.1.5-(b), 14.11.1 and 16.8.1.2 (2007-08); 14.01.1, 14.4.3.1, 14.4.3.6-(b), 14.11.1 and 16.8.1.2 (2008-09); 14.01.1, 14.1.8.1, 14.4.3.1, 14.4.3.1.5, 14.4.3.1.6-(b), 14.11.1 and 16.8.1.2 (2009-10); 14.01.1, 14.01.2, 14.1.8.1, 14.4.3.1, 14.4.3.1.5, 14.4.3.1.6-(b), 14.11.1 and 16.8.1.2 (2010-11)

From the 2007-08 to the 2010-11 academic years, UAF failed to properly certify student-athlete eligibility based on continuing and transfer academic requirements. As a result, UAF permitted 19 student-athletes in eight Division II sport programs to represent UAF in 178 contests and receive travel expenses for 83 contests while academically ineligible.

Violations of NCAA Division II Manual Bylaws 14.01.1, 14.1.7.1, 14.11.1 and 16.8.1.2 (2008-09, 2010-11 and 2011-12)

During the 2008-09, 2010-11 and 2011-12 academic years, UAF permitted 10 student-athletes in six Division II sport programs, who were not regularly enrolled, degree-seeking students, to compete in 90 contests and receive travel expenses for 41 contests while ineligible. This finding serves as part of the basis for the lack of institutional control violation.

Violations of NCAA Division II Manual Bylaws 14.01.1, 14.5.4.2, 14.5.4.2.3, 14.11.1 and 16.8.1.2 (2008-09 and 2009-10)

During the 2008-09 and 2009-10 academic years, UAF failed to properly certify student-athlete eligibility based on incoming transfer academic eligibility requirements. As a result, UAF permitted three men’s basketball two-year college transfer student-athletes to receive impermissible athletics financial aid, practice, compete and/or receive travel expenses without first completing an academic year in residence. This finding serves as part of the basis for the lack of institutional control violation.

Violations of NCAA Divisions I and II Manual Constitutions 2.1.1, 2.8.1 and 6.01.1 (2007-08, 2008-09, 2009-10, 2010-11 and 2011-12)

From 2007 through 2012, the scope and nature of the violations demonstrate UAF failed to exercise institutional control and monitoring in the conduct and administration of its athletics programs in that it (a) failed to establish a proper system to ensure compliance with NCAA eligibility legislation; (b) failed to provide appropriate NCAA rules education; and (c) did not devote sufficient resources or personnel to monitor and certify student-athlete academic eligibility.

From 2007 through 2012, UAF did not have an adequate compliance system in place to ensure proper certification of eligibility for transfer, continuing and pre-major student-athletes. UAF did not properly certify student-athletes based on two-year college transfer, progress-toward-degree, degree credit-hour or admission status requirements.

From 2007 through 2011, UAF failed to provide adequate NCAA rules education regarding eligibility certification requirements to institutional personnel and staff outside of the athletics department who were responsible for the certification of student-athletes’ academic eligibility.

From 2008 through the summer of 2011, UAF identified and was aware that its compliance systems for certifying student-athlete eligibility based on transfer and continuing academic requirements were inadequate. UAF failed to take appropriate action to improve its systems or devote sufficient resources and personnel to ensure proper certification of student-athlete academic eligibility.

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

Aggravating factors were as follows: 1) multiple Level I violations (NCAA Bylaw 19.9.3-(a)); and 2) lack of institutional control (NCAA Bylaw 19.9.3-(c)).

Mitigating factors were as follows: 1) prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties (NCAA Bylaw 19.9.4-(b)); and 2) an established history of self-reporting Level III or secondary violations (NCAA Bylaw 19.9.4-(d).

As a result of the aforementioned violations, the Committees penalized UAF as follows:

1. Public reprimand and censure.

2. Three years of probation from November 5, 2014 through November 4, 2017.

3. UAF shall pay a financial penalty of $30,000.00 to the NCAA.

4. During the 2014-15 academic year, UAF men’s ice hockey, men’s basketball, women’s basketball and women’s swimming teams shall end their seasons with the playing of their last regularly-scheduled in-season contest and shall not be eligible to participate in any postseason competition, including conference tournaments, NCAA championships, foreign tours or any exceptions to the limitation on the number of contests that are provided in NCAA Bylaw 17.

5. Pursuant to NCAA Bylaw 15.5.7, UAF shall award no more than 17.00 men’s ice hockey financial aid equivalencies for the three academic years encompassing the period of probation (2014-15, 2015-16 and 2016-17). However, UAF may credit the reductions of one equivalency self-imposed in both the 2012-13 and 2013-14 academic years to this penalty; therefore, it shall reduce men’s ice hockey equivalencies by 1.0 (to no more than 17.00) for the 2014-15 academic year. If all 18 equivalencies have already been committed for 2014-15, this penalty may be delayed until the 2015-16 academic year.

6. The women’s skiing program lost one equivalency for the 2012-13 academic year

7. UAF shall award no more than 9.0 financial aid equivalencies in the sport of women’s basketball for the three academic years encompassing the period of probation, 2014-15, 2015-16 and 2016-17. UAF reported that it reduced one equivalency from the maximum allowable for the 2012-13 and 2013-14 academic years. However, UAF had not previously been awarding the maximum allowable number of equivalencies. Therefore, even with the reductions, the number of equivalencies awarded in 2012-13 was only .085 of one equivalency less than the average awarded over the previous four years. Similarly, the number of equivalencies awarded in 2013-14 was only .325 of one equivalency less than the average awarded over those same four years. These reductions were not significant, and UAF may not credit them toward this penalty.

8. UAF shall award no more than 9.0 financial aid equivalencies in the sport of men’s basketball for the three academic years encompassing the period of probation, 2014-15, 2015-16 and 2016-17. UAF reported that it reduced one equivalency from the maximum allowable for the 2012-13 and 2013-14 academic years. However, UAF had not been awarding the maximum number of equivalencies, therefore, the number of equivalencies it awarded in 2012-13 and 2013-14 was actually higher than the average number awarded in the previous four years, despite the purported reductions. UAF may not credit the “reductions” of 2012-13 and 2013-14 toward this penalty.

9. UAF shall reduce by one the number of financial aid equivalencies awarded in the sport of women’s swimming for the first two academic years encompassing the period of probation (2014-15 and 2015-16). The reduction shall be from the average of the number of equivalencies awarded for the four years 2009-10 through 2012-13, which was 7.57, meaning that UAF shall not award more than 6.57 women’s swimming equivalencies for the 2014-15 and 2015-16 academic years. If UAF has already committed more than 6.57 equivalencies for 2014-15, this penalty may be delayed for one year. (UAF imposed a reduction of one equivalency for 2013-14 and proposed that it lose another equivalency in 2014-15).

10. Pursuant to Division I Bylaws 19.9.7-(g) and 31.2.2.3 and Division II Bylaws 19.5.2-(g) and 31.2.2.4, UAF shall vacate all wins from the regular season and conference tournaments for men’s ice hockey, men’s basketball and women’s basketball in which student-athletes participated while ineligible.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it .