The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of Cincinnati (“Cincinnati”) committed major violations of NCAA legislation.  The case involved Cincinnati’s women’s basketball and football programs and was limited to violations of NCAA legislation relating to impermissible recruiting telephone calls. After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee 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 major violations of NCAA legislation.

The impermissible telephone calls were uncovered in late 2010, as a result of the institution implementing a new telephone monitoring system.  Using this new system, the institution’s compliance staff conducted an in-depth audit of the coaching staffs’ phone activity.  The audit included personal cell phone records, written telephone logs and calls registered on an older telephone monitoring system.  It covered the period June 1, 2009 through December 13, 2010.  The audit identified 504 potentially impermissible telephone calls made by the football and women’s basketball staffs.  The vast majority of these calls, 448, were made by a then assistant women’s basketball coach (“former assistant coach”).  As a result of information the former assistant coach provided and the subsequent investigation, it was determined that 256 of these potentially impermissible calls were of a personal nature, not relating to recruiting, placed to the family members, mostly parents, of possible recruits.  The enforcement staff concluded these calls were placed to individuals with whom the former assistant coach had preexisting relationships, thus these calls did not violate NCAA recruiting legislation.  However, 176 calls were determined to be impermissible.

The Committee also found secondary violations relating to 20 impermissible calls placed by the football staff and an additional 24 calls made by women’s basketball staff members (other than the former assistant coach).

The Committee found that Cincinnati committed the following violations of NCAA legislation:

1.                  Impermissible Telephone Calls in violation of NCAA Bylaws 13.1.3.1.3 (2009-10 Manual), 13.1.3.1.3.2 (2009-10 Manual), 13.1.3.1.4 (2010-11 Manual), and 13.1.3.1.4.2 (2010-11 Manual)

                     A.  From June 1, 2009 through November 24, 2010, the former assistant coach made 176 impermissible telephone calls to prospective student-athletes and their relatives and guardians.  The former assistant coach acknowledged that he “screwed up” and essentially failed in three respects.  First, he did a poor job monitoring and documenting his calls made from his personal cell phone.  Second, the former assistant coach said he received and returned telephone calls to numbers he did not recognize and discovered that the calls were from prospects or their parents.  Third, he neglected to log the calls.  As a result the following violations occurred:

                                                              i.      135 impermissible calls prior to the first permissible calling period in April of prospective student-athletes’ junior year in high school.

                                                            ii.      8 impermissible calls during April of prospective student-athletes’ junior year in high school.

                                                          iii.      10 impermissible calls during May of prospective student-athletes’ junior year in high school.

                                                          iv.      2 impermissible calls from June 1 through 20 of prospective student-athletes’ junior year in high school.

                                                            v.      8 impermissible calls from June 21 through 30 of prospective student-athletes’ junior year in high school.

                                                          vi.      3 impermissible calls during the July calling period following prospective student-athletes’ junior year in high school.

                                                        vii.      7 impermissible calls in violation of the NCAA limit on one call per week outside of the contact period.

                                                      viii.      3 impermissible calls in violation of the July evaluation periods.

2.                  Secondary Violations: Impermissible Telephone Calls in violation of NCAA Bylaws 13.1.3.1.3 (2009-10 Manual) and 13.1.3.1.4 (2010-11 Manual)

                      A.  From August 19, 2009 through November 4, 2010, the women’s basketball coaching staff placed 24 impermissible telephone calls to 6 prospective student-athletes.

3.                  Secondary Violations: Impermissible Telephone Calls in violation of NCAA Bylaws 13.1.3.1.1 (2009-10 Manual) and 13.1.3.1.2 (2010-11 Manual)

                     A.  From August 16, 2010 through November 8, 2010, the football coaching staff placed 20 impermissible telephone calls to 12 prospective student-athletes.

As a result of the aforementioned violations, the Committee penalized Cincinnati as follows:

1.  Public reprimand and censure.

2.  Two years of probation from September 29, 2011 through September 28, 2013.

Women’s Basketball

3.  Limited the coaching staff to 3 countable coaches for a 6 month period between November 24, 2010 and May 24, 2011.

4.  Limited to 3 the number of staff members performing recruiting coordination function during the above 6 month period.

5.  The head women’s basketball coach was precluded from making telephone calls to unsigned prospective student-athletes for a 2 week period between February 6 and 19, 2011.

6.  An assistant women’s basketball coach was precluded from making telephone calls to unsigned prospective student-athletes for a 5 week period between February 13 and March 19, 2011.

7.  A former assistant women’s basketball coach was precluded from making telephone calls to unsigned prospective student-athletes for a 1 week period between February 13 and 19, 2011.

8.  The former assistant coach received a 1 year show-cause penalty.

Football

9.  The entire football coaching staff was precluded from having recruiting telephone contact during the following periods in 2011: March 20-26, April 17-23, May 1-7, and June 5-25.

10. An assistant football coach was prohibited from telephone contact with prospective student-athletes between April 15 and August 31, 2011 and was issued a letter of reprimand.

11. A second assistant football coach was prohibited from telephone contact with prospective student-athletes between June 1 and August 31, 2011 and was issued a letter of reprimand.

13. A third football coach was prohibited from calling 2 prospective student-athletes until May 1, 2011.

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