The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that the University of Missouri (“MU” or “Institution”) committed violations of NCAA legislation. A representative of the Institution’s athletics interests had impermissible recruiting contacts with a men’s basketball prospective student-athlete and provided impermissible inducements and extra benefits to other men’s basketball student-athletes. Additionally, a different representative of the Institution’s athletics interests provided impermissible benefits to men’s basketball student-athletes when he provided discounted room rates at a resort to student-athletes and provided free meals to three members of one student-athlete’s family. The Institution also failed to monitor the men’s basketball program. As a result, several men’s basketball student-athletes competed while ineligible during the 2013-14 season. The Panel considered this case through the cooperative summary disposition process in which all parties agree to the primary facts, violations and violation levels as fully set forth in the summary disposition report (“SDR”). Because the Institution agreed to the violations and penalties, there is no opportunity to appeal.

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

Violations of NCAA Division I Manual Bylaws 11.01.6, 11.7.4, 12.4.1, 13.2.1, 13.2.1.1-(e), 13.2.1.1-(f), 13.2.1.1-(g), 13.2.1.1-(h), 13.11.1, 16.11.2.1 and 16.11.2.2-(c) (as of August 1, 2013) and 16.11.2.3-(c) (before August 1, 2013) (2012-13 and 2013-14) (Level I)

The Institution and NCAA enforcement staff agree that in May 2013 and May 2014, a representative of the Institution’s athletics interests (“representative 1”), provided impermissible inducements and extra benefits to three then men’s basketball student-athletes and a then men’s basketball prospective student-athlete in the form of pay for work not performed during what representative 1 represented to be an internship through his company (representative 1’s geospatial intelligence company) located on a military base in Augusta, Georgia. In conjunction with the alleged internship, representative 1 also arranged for the provision of or provided other impermissible inducements and extra benefits, including housing, cash, transportation, access to a local gym, iPads and meals. The total value of the impermissible inducements and extra benefits was approximately $10,436.00.

Between approximately May 16 and 30, 2013, representative 1 employed two then men’s basketball student-athletes (“student-athletes 2 and 3,” respectively) as interns through his company and paid them each approximately $1,100.00 for work not performed. Representative 1 also provided student-athletes 2 and 3 with $25.00 each in cash as well as housing, use of representative 1’s personal vehicle, access to a local gym and at least two meals, all at no cost. The total value of the impermissible benefits provided to student-athletes 2 and 3, including impermissible compensation, was approximately $5,444.00. NCAA Division I Manual Bylaws 12.4.1, 16.11.2.1 and 16.11.2.3-(c) (2012-13).

Between May 20 and 31, 2014, representative 1 employed another then men’s basketball student-athlete (“student-athlete 4”) as an intern through his company and paid him approximately $1,000 for work not performed. Representative 1 also provided student-athlete 4 with housing, use of representative 1’s personal vehicle, an iPad, access to a local gym and at least three meals, all at no cost. The total value of the impermissible benefits provided to student-athlete 4, including the impermissible compensation, was approximately $2,558.00. Additionally, while in the locale of the alleged internship, a men’s basketball student manager led student-athlete 4 through daily workouts. NCAA Division I Manual Bylaws 11.01.6, 11.7.4, 12.4.1, 16.11.2.1 and 16.11.2.2-(c) (2013-14).

Between May 25 and 31, 2014, representative 1 employed student-athlete 1 as an intern through his company and paid him approximately $1,000.00 for work not performed. Representative 1 also provided student-athlete 1 with approximately $520.00 in cash as well as housing, use of representative 1’s personal vehicle, an iPad, access to a local gym and at least three meals, all at no cost. The total value of the impermissible benefits provided to student-athlete 1, including the impermissible compensation, was approximately $2,434.00. Additionally, while in the locale of the alleged internship, a men’s basketball student manager led student-athlete 1 through daily workouts in violation of tryout legislation. NCAA Division I Manual Bylaws 12.4.1, 13.2.1, 13.2.1.1-(e), 13.2.1.1-(f), 13.2.1.1-(g), 13.2.1.1-(h) and 13.11.1 (2013-14).

Violations of NCAA Division I Manual Bylaws 16.11.2.1, 16.11.2.2 and 16.11.2.2-(d) (2010-11, 2011-12 and 2013-14) (Level II)

The Institution and NCAA enforcement staff agree that between July 2011 and July 2014, a representative of the Institution’s athletics interests (“representative 2”) and general manager of a popular resort in Missouri, provided impermissible benefits to 11 then men’s basketball student-athletes and three members of one student-athlete’s family. Additionally, a then men’s basketball student-manager provided impermissible transportation to three then men’s basketball student-athletes from Columbia, Missouri to the in-state resort. The total value of the impermissible benefits was approximately $966.00.

Between July 1 and 3, 2011, representative 2 provided then men’s basketball student-athlete (student-athlete 5) with access to a discounted friends and family room rate that was not otherwise available to the general public. The total value of the impermissible benefit was approximately $150.00. NCAA Division I Manual Bylaws 16.11.2.1 and 16.11.2.2 (2010-11).

Between July 6 and 7, 2012, representative 2 provided three then men’s basketball student-athletes (“student-athletes 6, 7 and 8,” respectively), and a former men’s basketball student-athlete with access to a discounted friends and family room rate that was not otherwise available to the general public. The total value of the impermissible benefit was approximately $300.00. NCAA Division I Manual Bylaws 16.11.2.1 and 16.11.2.2 (2011-12).

Between July 4 and 6, 2014, representative 2 provided four then men’s basketball student-athletes (“student-athletes 9, 10, 11 and 12,” respectively), with access to a discounted friends and family room rate that was not otherwise available to the general public. Representative 2 also arranged for student-athletes 1, 9, 10, 11 and 12 to accompany his wife on a boat ride for approximately two hours at no cost. Additionally, representative 2 paid for at least 12 total meals for the five men’s basketball student-athletes, student-athlete 1’s mother and his two sisters. The total value of the impermissible benefits was approximately $406.00. NCAA Division I Manual Bylaw 16.11.2.1 (2013-14).

Between July 4 and 6, 2014, a then men’s basketball student manager provided transportation to student-athletes 9, 11 and 12 from Columbia to the in-state resort. The value of the impermissible transportation was approximately $110.00. NCAA Division I Manual Bylaws 16.11.2.1, 16.11.2.2-(d) (2013-14).

Violations of NCAA Division I Manual Constitution 2.8.1 (2012-13 and 2013-14) (Level II)

The Institution and NCAA enforcement staff agree that from May 2013 through May 2014, the scope and nature of the violations detailed above demonstrated that the Institution failed to adequately monitor the employment arrangements of three then men’s basketball student-athletes and a then men’s basketball prospective student-athlete made by a representative of the Institution’s athletics interests. Specifically, the Institution relied on the representative of the Institution’s athletics interests’ representations instead of fully vetting the employment opportunity to ensure compliance with applicable NCAA legislation. Additionally, the Institution did not fully implement its established compliance system when its then men’s basketball coaching staff and athletics compliance office failed to gather any information after the internships were completed. As a result, the violations outlined above went undetected.

Violations of NCAA Division I Manual Bylaws 13.01.2, 13.1.2.1, 13.1.2.4, 13.1.2.4-(a), 13.1.2.5, 13.1.3.5.1, 13.2.1, 13.2.1.1 and 13.8.1 (2012-13 and 2013-14) (Level III)

The Institution and NCAA enforcement staff agree that between 2012 and 2014, representative 1 had multiple impermissible recruiting contacts with a then men’s basketball prospective student-athlete and provided a then nonscholastic men’s basketball coach impermissible benefits and entertainment.

Between approximately 2012 and 2014, representative 1 participated in impermissible recruiting activities involving then men’s basketball prospective student-athlete (“prospect 1”). On or about October 1, 2012, representative 1 accompanied the then associate head men’s basketball coach to evaluate prospect 1 during a private workout at prospect 1’s high school in Augusta, Georgia. Additionally, during the 2013-14 academic year, representative 1 spoke with prospect 1 via telephone on at least two occasions and in person on at least one occasion about the possibility of prospect 1 attending the Institution. NCAA Division I Manual Bylaws 13.1.2.1, 13.1.2.4, 13.1.2.4-(a), 13.1.2.5 and 13.1.3.5.1.

On or about July 17, 2014, during the 2014 Nike Peach Jam elite nonscholastic basketball tournament in Augusta, Georgia, representative 1 paid for the dinner of a then nonscholastic basketball coach, an individual who was responsible for teaching or directing an activity in which a prospective student-athlete is involved. The value of the impermissible entertainment was approximately $50.00. NCAA Division I Manual Bylaws 13.01.2, 13.2.1, 13.2.1.1 and 13.8.1.

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

Aggravating Factors for the Institution

19.9.3-(b): A history of Level I, Level II or major violations by the institution, sport program(s) or involved individual.

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

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

Mitigating Factors for the Institution

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

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

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

19.9.4-(f): Exemplary cooperation.

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

1. Public reprimand and censure.

2. One-year probationary period from August 2, 2016, to August 1, 2017.

3. A one-year postseason ban in men’s basketball for the 2015-16 season, including the Southeastern Conference Tournament.

4. The Institution will reduce scholarships during the 2015-16 academic year and reduce scholarships in either the 2016-17 academic year or the 2017-18 academic year (or the first opportunity to reduce based on academic demographics of the team) by one in men’s basketball.

5. Recruiting restrictions: (a) the Institution shall reduce the number of recruiting person days in men’s basketball by five in the 2014-15 and 2015-16 seasons; (b) the Institution is prohibited from telephonic recruiting communications with prospective student-athletes for a total of six weeks during the 2016-17 academic year and shall be fulfilled by the end of the 2016-17 academic year; and (c) withheld the then-associate head men’s basketball coach from off-campus recruiting activities from December 12, 2014, to March 31, 2015, approximately fifteen weeks, when his employment with the Institution ended.

6. The Institution shall pay a $5,000 fine.

7. The Institution vacated all wins in which student-athletes competed while ineligible during the 2013-14 men’s basketball season, including any postseason competition. The Panel accepts and adopts the institution’s vacation of wins in which student-athletes competed while ineligible during the 2013-14 men’s basketball season. Further, if any of the student-athletes competed in NCAA Championships at any time they were ineligible, the institution’s participation in the championship shall be vacated. The individual records of the student-athletes shall also be vacated. Further, the institution’s records regarding men’s basketball, as well as the record of the head coaches will reflect the vacated records.

8. Representative 1 was permanently disassociated by the Institution.

9. Representative 2 and his wife were disassociated by the Institution.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it .