The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that the University of Iowa (“Institution” or “UI” or “Iowa”) committed violations of NCAA legislation.

Iowa, former head women’s volleyball coach (“head coach”) and NCAA enforcement staff agreed that in June 2017, the head coach violated the NCAA principles of ethical conduct when he knowingly provided an impermissible inducement of approximately $2,000.00 in cash to a then women’s volleyball prospective student-athlete. The institution, head coach and NCAA enforcement staff further agreed that the head coach did not demonstrate that he promoted an atmosphere of compliance due to his personal involvement in the violations.

Specifically, after her sophomore year at another Division I institution, the prospect decided to transfer to Iowa. She arrived in the locale of the institution near the end of May 2017, at which time she first learned she was not academically eligible to receive athletics aid due to academic deficiencies that spring which would require summer coursework. While the prospect obtained a loan to pay for the summer course tuition, she also contacted members of the women’s volleyball staff to inquire about part-time employment opportunities to assist with her living expenses over the summer.

The prospect reported that the head coach said she should focus on her academics instead of getting a job so she would be eligible for the fall semester. The head coach reported he felt responsible for the prospect because he had also recruited her to the other Division I institution but left before she enrolled. Therefore, to help with her living expenses, the head coach provided the prospect with cash on two occasions. On June 8, 2017, the head coach’s personal bank records show he withdrew $1,500. That same day, the head coach exchanged texts with the prospect asking where she was and stating he had something to give her. The head coach drove to the prospect’s apartment and, when she came outside, he provided her with an envelope containing $1,500.00. On a separate occasion, the prospect asked the head coach for money and they met in his office, where he gave her an envelope containing $500.00 in cash. The head coach reported that he originally intended the money to be an advance for wages the prospect would earn working at his volleyball camp later that summer. However, all parties agreed that the prospect was also paid for working the volleyball camp and the advance was not paid back.

Neither the prospect nor the head coach told anyone at the institution about his provision of cash when it occurred. Instead, on May 1, 2019, the prospect met with the associate director of athletics for student-athlete academic services (“:associate director for academic services”) for a required end of the year meeting. During that meeting, the prospect told the associate director for academic services that the head coach had provided her with cash to cover living expenses during the summer of 2017. The associate director for academic services reported the information to the associate director of athletics of compliance and the institution immediately initiated an internal investigation. After Iowa submitted a self-report to the NCAA enforcement staff on June 13, 2019, the institution and NCAA enforcement staff conducted a collaborative investigation.

The head coach acknowledges as part of this negotiated resolution agreement that, due to his direct participation in the violation, he did not promote an atmosphere of compliance, which constitutes a violation of head coach control legislation. However, the parties also acknowledge that there was no information developed during the investigation that indicated any other violations and/or pattern of noncompliance within his program.

This case was resolved through a negotiated resolution.

The Committee concluded that UI committed the following violations:

Violations of NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(b), 13.2.1 and 13.2.1.1-(e) (2016-17) and 12.11.1 and 16.8.1 (2017-18 and 2018-19) (Level II)

The institution, head coach and NCAA enforcement staff agreed that in June 2017, the head coach violated the NCAA principles of ethical conduct when he knowingly provided an impermissible inducement of $2,000.00 in cash to the prospect. Specifically, the prospect, a transfer student-athlete, learned she was ineligible to receive summer athletics aid due to academic deficiencies after moving to the locale of the institution. The head coach initially provided $1,500.00 and then an additional $500.00 in cash to the prospect to assist with her living expenses until she was academically eligible to receive athletics aid. As a result of the impermissible inducement, the prospect subsequently competed in 33 contests and received actual and necessary expenses while ineligible.

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2016-17 through 2018-19) (Level II)

The institution, head coach and NCAA enforcement staff agreed that beginning in June 2017, 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 Level I, Level II or major violations by the institution.  NCAA Bylaw 19.9.3-(b).

Multiple Level II violations.  NCAA Bylaw 19.9.3-(g).

Persons of authority (the head coach) condoned, participated in or negligently disregarded the violation or related wrongful conduct.  NCAA Bylaw 19.9.3-(h).

Mitigating Factors for the Institution

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).

Aggravating Factors for Involved Individual

Unethical conduct.  NCAA Bylaw 19.9.3-(e).

Multiple Level II violations.  NCAA Bylaw 19.9.3-(g).

Persons of authority (the head coach) condoned, participated in or negligently disregarded the violation or related wrongful conduct.  NCAA Bylaw 19.9.3-(h).

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

Mitigating Factors for Involved Individuals

Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties. NCAA Bylaw 19.9.4-(b).

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

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

1. Public reprimand and censure.
2. Probation: One year of probation from May 20, 2020, through May 19, 2021.
3. Financial penalty: Iowa shall pay a fine of $5,000 to the NCAA.
4. Recruiting restrictions: During the 2020-2021 academic year, Iowa shall reduce the number of evaluation days in women’s volleyball by 3.75 percent (Iowa will only be permitted 77 evaluation days).
5. Show-cause order: The head coach was personally involved in providing an impermissible inducement to a prospective student-athlete. Therefore, the head coach is subject to a two-year show-cause order restricting him from all athletically related duties. This show cause shall run from May 20, 2020, through May 19, 2022.
6. Head coach restriction: The head coach violated Bylaw 11 head coach responsibility legislation when he failed to promote an atmosphere of compliance in his program. Bylaw 19.9.5.5 and the Figure 19-1 penalty guidelines contemplate head coach suspensions to address head coach responsibility violations. Therefore, the head coach shall be suspended from 30 percent of contests during the first year of the show-cause period. This suspension shall run concurrently with the show-cause order.
7. Vacation of records: The institution will vacate all regular season and conference tournament wins, records and participation in which the ineligible student-athlete in this case competed.

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