The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that the University of Houston (“UofH” or “Institution” or “Houston”) committed violations of NCAA legislation. This case involved four agreed-upon (or uncontested) violations at the University of Houston that fell into two categories: (1) academic misconduct committed by an athletics department tutor and his failure to cooperate and (2) impermissible countable athletically related activity (“CARA”) violations in the women’s volleyball program with a related head coach responsibility violation. The tutor did not participate in the processing of this case.  COI considered this case through the cooperative summary disposition process in which all participating parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (“SDR”). The Panel reviewed Houston’s self-imposed penalties and corrective actions but proposed additional penalties for Houston, the former tutor and the former head coach. Houston accepted the penalties. Neither the head coach nor the tutor responded. Therefore, no party has the opportunity to appeal.

The Committee concluded that UOFH committed the following violations:

Violations of NCAA Division I Manual Bylaws 12.11.1, 14.9.2, 14.9.2.1, 14.9.2.2-(a) and 16.8.1 (2017-18 and 2018-19) (Level II)

Houston and the NCAA enforcement staff agreed that during the summer term of 2018 and during the fall semester of the 2018-19 academic year, the tutor committed academic misconduct when he wrote, in total, four papers for two football student-athletes in exchange for cash payment. One of the student-athletes competed and received competition-related expenses while ineligible.

During the summer and fall semesters of 2018, the tutor committed academic misconduct when he completed academic work for a football student-athlete in his Human Ecosystems and Technological Change (HDCS 1300) and Freshman Composition I (ENGL 1303) classes at the institution. The tutor completed a paper for the student-athlete’s HDCS 1300 class on or around July 1, 2018, in exchange for approximately $40; completed a paper for the student-athlete’s HDCS 1300 class on or around July 10, 2018, in exchange for approximately $40; and completed a paper for the student-athlete’s ENGL 1303 class on or around September 24, 2018, in exchange for approximately $80. Houston determined that this conduct violated its academic misconduct policy. As a result of the academic misconduct, the student-athlete competed in four games, and received competition- related expenses while ineligible. NCAA Bylaws 12.11.1, 14.9.2, 14.9.2.1, 14.9.2.2-(a) and 16.8.1 (2017-18 and 2018-19).

During the summer of 2018 semester, the tutor committed academic misconduct when he completed academic work for another football student-athlete in his HDCS 1300 class at the institution. The tutor completed a paper for the student-athlete’s class on or around July 23, 2018, in exchange for approximately $45. Houston determined that this conduct violated its academic misconduct policy. The student- athlete did not compete or receive competition-related expenses while ineligible. NCAA Bylaws 14.9.2, 14.9.2.1 and 14.9.2.2-(a) (2017-18).

Violations of NCAA Division I Manual Bylaws 17.1.7.1, 17.1.7.2.1, 17.25.11 and 17.25.11.1 (2015-16 through 2018-19) (Level II)

Houston, the head coach and the NCAA enforcement staff agreed that from the summer of 2016 through the fall of 2018 the head coach required women’s volleyball student-athletes to impermissibly participate in voluntary training activities, resulting in several CARA violations.

From at least the summer of 2016 through the fall of 2018, the head coach required student-athletes to work and participate in two scheduled institutional volleyball camps. As a result, the student- athletes’ participation in these institutionally organized summer practice activities was impermissible out-of-season CARA. NCAA Bylaws 17.1.7.2.1, 17.25.11 and 17.25.11.1 (2015-16 through 2018- 19).

From the 2016-17 through 2018-19 academic years, the head coach required student-athletes to participate in “pre-practice,” an approximately 30-minute time period before the official practice time to engage in individual workouts. On multiple occasions, the head coach and other members of the coaching staff attended or participated in “pre-practice.” Because of the monitoring and occasional participation of the coaching staff in “pre-practice,” this made the activity countable. When including pre-practice in the total amount of daily and weekly CARA, the women’s volleyball team exceeded the maximum allowable CARA time by 56 minutes per day over 22 total days in the 2016 season, by 30 minutes per day over 16 total days in the 2017 season and by 30 minutes per day over 21 total days in the 2018 season. This resulted in approximately 39 hours of extra CARA. NCAA Bylaw 17.1.7.1 (2016-17 through 2018-19).

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2015-16 through 2017-18) (Level II)

The institution, the head coach and NCAA enforcement staff agreed that from at least the summer of 2016 through the fall of 2018, the head coach is presumed responsible for the violations detailed above and did not rebut that presumption. Specifically, she did not demonstrate that she promoted an atmosphere of compliance in the women’s volleyball program due to her personal involvement in the violations and her failure to ascertain whether it was permissible to require student-athletes to participate in “pre-practice” or summer activities. Additionally, the head coach knew her direct and indirect reports did not comply with NCAA legislated limits on CARA, yet she failed to report these violations to athletics compliance staff.

Violations of NCAA Division I Manual Bylaws 10.1, 10.1-(a), 19.2.3 and 19.2.3.2 (2018-19 and 2019-20 (Level I)

 The NCAA enforcement staff agreed that in December 2019 and continuing to the present, the tutor failed to cooperate with the NCAA enforcement staff when he refused to participate in an interview with the institution and NCAA enforcement staff. Despite several requests from the enforcement staff, including a visit to his last known address, the tutor refused to participate in an NCAA interview to discuss his involvement in or knowledge of alleged academic misconduct involving student- athletes at Houston.

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, II or major violations by 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 violation(s). NCAA Bylaw 19.9.4-(a).

Prompt acknowledgement of the violation, acceptance of responsibility and the 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).

Exemplary cooperation. NCAA Bylaw 19.9.4-(f).

Aggravating Factors for the Tutor

 Multiple Level I and Level II violations. NCAA Bylaws 19.9.3-(a) and (g).

Unethical conduct and failing to cooperate. NCAA Bylaw 19.9.3-(e).

Conduct or circumstances demonstrating an abuse of trust. NCAA Bylaw 19.9.3-(j).

Intentional, willful or blatant disregard for the NCAA constitution and bylaws. NCAA Bylaw 19.9.3-(m).

Conduct intended to generate pecuniary gain. NCAA Bylaw 19.9.3-(l).

Mitigating Factors for the Tutor

The absence of prior conclusions of Level I, Level II or major violations. NCAA Bylaw 19.9.4-(h).

Aggravating Factors for the Head Coach

Multiple Level II violations. NCAA Bylaws 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

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 UOFH as follows:

1. Public reprimand and censure.
2. Probation: One year of probation from December 18, 2019, through December 17, 2020.
3. Financial penalty: The institution shall pay a fine of $5,000 to the NCAA.
4. Reduction in permissible CARA by two hours during the fall 2019 championship segment for the women’s volleyball program.
5. Show-cause order: The athletics department tutor committed academic misconduct when, in violation of Houston’s Athletic Tutoring Services Handbook and Academic Integrity Policy, he completed papers for student-athletes in exchange for cash payment. The tutor wrote four papers on behalf of two student-athletes in exchange for a total of $205. Later, the tutor violated a fundamental cornerstone of the NCAA’s infractions process when he refused to cooperate in the investigation and participate in an interview. Pursuant to Bylaw 19.2.3, all current and former institutional staff members have an affirmative obligation to cooperate fully and assist the enforcement staff and COI to further the objectives of the Association’s infractions program. The tutor failed to meet his obligation. Therefore, he shall be subject to an eight-year show-cause order from December 18, 2019, through December 17, 2027. Pursuant to COI Internal Operating Procedures (IOP) 5-15-3- 1, if the tutor seeks employment or affiliation with an athletically related position at an NCAA member institution during the eight-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 all athletically related activity should not apply.
6. Show-cause order: The head coach was personally involved in CARA violations for roughly a two-and-a-half-year period. During this time, she failed to promote an atmosphere of compliance and failed to meet monitoring expectations the membership has placed on head coaches. Therefore, the head coach shall be subject to a two-year show- cause order from December 18, 2019, though December 17, 2021. Should the head coach become employed in an athletically related position at an NCAA member institution during the two-year show-cause period, any employing institution shall be required to contact the OCOI to make arrangements to show cause why restrictions on all athletically related activities should not apply.

Head coach restriction: The head coach admitted that she violated Bylaw 11 head coach responsibility violation when she failed to promote an atmosphere of compliance and failed to ascertain whether it was permissible to require student-athletes to participate in pre- practice or summer activities. Further, she knew that her staff did not comply with NCAA legislated limits on CARA and did not report these violations to the compliance staff. Bylaw 19.9.5.5 and the Figure 19-1 penalty guidelines contemplate head coach suspensions to address head coach responsibility violations. Therefore, should the head coach become employed in an athletically related position at an NCAA member institution during the two- year show-cause period, the head coach shall be suspended from 30 percent of contests during the first season in which she is hired. The suspension shall run concurrently with the show-cause order.

7. Houston acknowledged that a football student- athlete competed while ineligible as a result of the academic misconduct violations detailed above. Therefore, pursuant to Bylaws 19.9.7-(g) and 31.2.2.3 and COI IOP 5- 15-6, Houston shall vacate all regular season and conference tournament wins, records and participation in which the ineligible student-athlete competed from the time he became ineligible through the time he was reinstated as eligible for competition.
8. Houston did not allow the women’s volleyball program to engage in CARA for a total of 17 days during spring 2019.
9. The women’s volleyball program only participated in two of the possible four dates of competition in spring 2019.

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