The NCAA Committee on Infractions Has Spoken: University of Louisiana, Monroe

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that the University of Louisiana, Monroe (“ULM” or “Institution”) committed violations of NCAA legislation.  This case involved improper eligibility certifications at ULM and the Institution’s failure to monitor its certification process. 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”). The involved individual agreed to his penalty, while the Institution contested parts of two penalties. ULM has the opportunity to appeal those penalties.

The Committee concluded that ULM committed the following violations:

Violations of NCAA Division I Manual Bylaws 14.9.2.1, 14.9.2.1-(a), 14.9.2.2 and 14.9.2.2-(a) (2016-17 and 2017-18) and 10.01.1, 10.1, 10.1-(a), 10.1-(c), 19.2.3 and 19.2.3.2 (2017-18) (Level I)

The Institution, assistant coach, and NCAA enforcement staff agree that during the 2017 summer semester the assistant coach committed academic misconduct when he completed academic coursework for two men’s basketball student-athletes. The assistant coach also violated the NCAA principles of ethical conduct when he provided false or misleading information during an NCAA investigation and failed to furnish relevant information and cooperate in an additional NCAA interview.

During the summer of 2017, the assistant coach committed academic misconduct when he completed academic work for student-athletes 1 and 2 in French I and French II, both online courses at ULM. The assistant coach completed the entire French I course for both student-athletes and completed all but the oral exam in their French II class. The assistant coach’s conduct violated the Institution’s academic misconduct policy. NCAA Bylaws 14.9.2.1, 14.9.2.1-(a), 14.9.2.2 and 14.9.2.2-(a) (2016-17 and 2017-18).

On September 27, 2017, the assistant coach violated the principles of ethical conduct by providing false or misleading information during an interview with the Institution and NCAA enforcement staff. The assistant coach reported that he only completed the exams on behalf of student-athletes 1 and 2 in their French I class and the two student-athletes completed the assignments on their own. The assistant coach further reported that he had no involvement in the student-athletes’ French II class. NCAA Bylaws 10.01.1, 10.1 and 10.1-(c) (2017-18).

In October and November 2017, the assistant coach violated the principles of ethical conduct and cooperative principle when he refused to participate in a second interview with the Institution and NCAA enforcement staff. Despite several requests from both the Institution and NCAA enforcement staff, including a visit to his last known address, the assistant coach refused to participate in a second NCAA interview and refused to provide relevant information regarding involvement in the student-athletes’ French classes. NCAA Bylaws 10.01.1, 10.1, 10.1-(a), 19.2.3 and 19.2.3.2 (2017-18).

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

Aggravating Factors for the Institution

(a) A history of Level I, Level II or major violations. NCAA Bylaw 19.9.3-(b).

Mitigating Factors for the Institution

(a) Prompt self-detection and self-disclosure of the violation(s). NCAA Bylaw 19.9.4-(a).

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

(c) Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.9.4-(c).

(d) An established history of self-reporting Level III or secondary violations. NCAA Bylaw 19.9.4-(d).

Aggravating Factors for the Assistant Coach

(a) Multiple Level I violations. NCAA Bylaw 19.9.3-(b).

(b) Obstructing an investigation or attempting to conceal the violation. NCAA Bylaw 19.9.3-(d).

(c) Unethical conduct. NCAA Bylaw 19.9.3-(e).

(d) Violations were deliberate. NCAA Bylaw 19.9.3-(f).

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

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

Mitigating Factors for the Assistant Coach

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

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

1.  Public reprimand and censure.

2.  Two years of probation from August 17, 2018, through August 16, 2020.

3. The Institution shall pay a fine of $5,000 (self-imposed) plus one-half of one percent of the 2018-19 budget of the men’s basketball program.

4. The assistant coach received a show cause penalty from August 17, 2018, through August 16, 2024.

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