The NCAA Division I Committee on Infractions (“Committee” or “Panel” or “COI”) is an independent administrative body of the NCAA comprised of individuals from the Division I membership and the public. The COI is charged with deciding infractions cases involving member institutions and their staffs. This case involved the women’s swimming and diving program at the University of Arizona (“Arizona”). It centered primarily on a diving coach’s recruiting violations related to an international prospective student-athlete who lived in the vicinity of Arizona’s campus prior to enrollment. The recruiting violations also supported a head coach responsibility violation for the head swimming and diving coach. 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”). Arizona self-imposed corrective actions and penalties, which the panel adopted. The COI also proposed further penalties to Arizona and the diving coach. The parties agreed to the additional penalties; therefore, there is no opportunity to appeal.

The Committee concluded that Arizona committed the following violations:

 Violations of NCAA Division I Manual Bylaws 13.2.1, 13.2.1.1-(h), 13.11.1 and 13.11.2.4 (2016-17 and 2017-18) (Level II)

 Arizona, the diving coach, and the NCAA enforcement staff agree that from January through September 2017, the diving coach provided impermissible inducements to and conducted impermissible tryouts with the prospect. The diving coach also arranged for the prospect to reside with boosters, which resulted in the prospect receiving impermissible inducements. The total value of these impermissible inducements was approximately $5,346.00.

Between January and September 2017, the diving coach arranged for the prospect to live in Tucson, Arizona, with the boosters. As a result, the prospect received free housing and one meal per week for approximately eight months, which resulted in an impermissible inducement of approximately $4,720. NCAA Bylaws 13.2.1 and 13.2.1.1-(h) (2016-17 and 2017-18).

Between January and September 2017, the diving coach conducted approximately 192 impermissible tryouts of the prospect over the course of 120 days. Specifically, the prospect participated as a member of a local sports club coached by the diving coach. Because the prospect was not a legal resident living within a 50-mile radius of the sports club nor did she meet any of the exceptions to the applicable legislation, the prospect’s participation resulted in the diving coach conducting impermissible tryouts. NCAA Bylaws 13.11.1 and 13.11.2.4 (2016-17 and 2017-18).

Between January and September 2017, the diving coach and/or the boosters provided the prospect with transportation to or from practice at the local diving club coached by the diving coach on approximately 80 occasions. The total value of the impermissible transportation was approximately $200. NCAA Bylaw 13.2.1 (2016-17 and 2017-18).

Between March 3 and 9, 2017, the diving coach conducted impermissible tryouts with and provided impermissible inducements to the prospect in conjunction with the 2017 NCAA Division I Zone Diving Championship Meet (Zone Diving Meet) in Flagstaff, Arizona. Specifically, the diving coach permitted the prospect to attend the meet, where he coached her in dryland exercises on approximately three occasions in violation of tryout legislation. He also provided the prospect roundtrip transportation from Flagstaff to Sedona, Arizona, so she could participate in a team activity. Finally, the prospect received six nights of lodging expenses while at the meet. The total value of the impermissible inducements was approximately $426. NCAA Bylaws 13.2.1, 13.2.1.1-(h) and 13.11.1 (2017-18).

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

Arizona, the head coach, and the NCAA enforcement staff agree that between January and July 2017, the head coach is presumed responsible for the violations detailed in above-referenced violation and did not rebut the presumption of responsibility. Specifically, the head coach did not demonstrate that he promoted an atmosphere of compliance or monitored his staff within the men’s and women’s swimming and diving program. The head coach knew the diving coach trained the prospect and that the prospect lived at the home of the boosters. However, the head coach failed to notify the institution and/or seek guidance from compliance regarding the diving coach’s training of the prospect and the prospect’s living arrangements. Further, the head coach failed to actively look for and evaluate red flags, ask pointed questions or regularly solicit feedback to determine if monitoring systems were functioning properly related to the diving coach’s activities. NCAA Bylaw 11.1.1.1 (2016-17).

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.

 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-(i): One of more of the violations caused significant ineligibility or other substantial harm to a student-athlete or prospective student-athlete.

Mitigating Factor for the Head Coach

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

Aggravating Factors for the Head Coach

 19.9.3-(g): Multiple Level II violations by the involved individual.

19.9.3-(i): One of more of the violations caused significant ineligibility or other substantial harm to a student-athlete or prospective student-athlete.

Mitigating Factor for the Diving Coach

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

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

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

1. Public reprimand and censure.
2. Probation: Two years of probation from January 30, 2019, through January 29, 2021.
3. Financial penalty: Arizona shall pay a $5,000 fine to the NCAA.
4. Scholarship reductions: During the 2020-21 academic year, Arizona shall reduce the number of equivalencies in women’s swimming and diving by one from the average number awarded during the past four academic years.
5. Recruiting restrictions: (a) Arizona suspended off-campus recruiting in the swimming and diving program for a three-week period beginning on December 10, 2018; (b) Arizona implemented a three-week ban on unofficial visits and complimentary admissions in the swimming and diving program beginning on December 10, 2018; (c) For the 2018-19 academic year, Arizona reduced the number of official visits in the swimming and diving program by five, which represented a 10.8% reduction in visits based on the average provided over a four-year period.
6. Show-cause order: The diving coach admitted that he participated in recruiting violations when he provided or arranged for impermissible recruiting inducements for a women’s diving prospect and conducted impermissible tryouts with her. Therefore, the diving coach shall be subject to a one-year show-cause order from January 30, 2019, to January 29, 2020. Pursuant to COI IOP 5-15-1-1, if the diving coach seeks employment or affiliation with any athletically related position at an NCAA member institution during the one-year show-cause period, any employing institution shall be required to contact the Office of the Committees on Infractions (OCOI) to make arrangements to show cause why restrictions on athletically related activity should not apply.

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