The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of North Carolina at Greensboro (“UNCG”) committed major violations of NCAA legislation.  The institution, the then assistant women’s basketball coach (“assistant coach”) and NCAA enforcement staff agreed that from August 2017 through May 22, 2018, the assistant coach participated in impermissible sports wagering activities. Also, the institution, the then assistant director (“assistant director”) of the institution’s non-profit athletics fundraising organization and NCAA enforcement staff agreed that from December 2017 through April 2018, the assistant director participated in impermissible sports wagering activities. The institution and NCAA enforcement staff further agreed that members of the institution’s athletics staff failed to report the assistant coach’s participation in sports wagering activities, resulting in the institution’s failure to monitor and ensure compliance with NCAA legislation.  The case was resolved through a negotiated resolution.

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

Violation of NCAA Division I Manual Bylaws 10.01.1, 10.3, 10.3.1 and 10.4 (2017-18) (Level I)

 The institution, the assistant coach and NCAA enforcement staff agreed that from August 2017 through May 22, 2018, the assistant coach violated the NCAA principles of honesty and sportsmanship when he knowingly participated in sports wagering activities. Specifically, the assistant coach placed an extensive number of online sports wagers on professional and intercollegiate sports competitions, including at least four single game wagers and approximately 10 parlays on games involving the institution’s men’s basketball team.

 Violation of NCAA Division I Manual Bylaws 10.01.1, 10.3, 10.3.1 and 10.4 (2017-18) (Level I)

 The institution, the assistant director and NCAA enforcement staff agreed that from December 2017 through April 2018, the assistant director violated the NCAA principles of honesty and sportsmanship when he knowingly participated in sports wagering activities. Specifically, on various occasions, the assistant director wagered small amounts online on professional and intercollegiate sports competitions, including at least one wager on a game involving the institution’s men’s basketball team.

Violation of NCAA Division I Manual Constitution 2.8.1 (2017-18) (Level I)

 The institution and NCAA enforcement staff agreed that from August 2017 through May 22, 2018, the scope and nature of the violations detailed above demonstrate that the institution violated the NCAA principle of rules compliance when it failed to monitor and report the assistant coach’s participation in sports wagering activities and to ensure compliance with NCAA legislation. Specifically, even though six athletics department staff members knew that the assistant coach participated in sports wagering activities, they each failed to report the violations. Additionally, a seventh athletics department staff member became aware of the assistant coach’s impermissible sports wagering activities in August 2017 but failed to report the violations to anyone for at least four months. The seventh athletics department staff member eventually reported the violations to the assistant director of athletics for compliance as early as December 2017 or January 2018. After receiving notice of possible violations, the assistant director failed to take any legitimate investigative steps or report the matter to other institutional officials or the enforcement staff. As a result, the violations detailed above continued through approximately May 22, 2018.

Agreed-Upon Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4

 Aggravating factors for the Institution

1. Multiple Level I violations.
2. A history of Level I, Level II or major violations.

Mitigating factors for the Institution  

1. Prompt acknowledgement of the violation(s), acceptance of responsibility and imposition of meaningful corrective measures and/or penalties.
2. Affirmative steps to expedite final resolution of the matter.
3. An established history of self-reporting Level III or secondary violations.

Aggravating factors for the assistant coach

1. Multiple Level I violations.
2. Violations were deliberate.
3. Conduct intended to generate pecuniary gain for the involved individual.
4. Intentional, willful or blatant disregard for the NCAA constitution and bylaws.

Mitigating factor for the assistant coach

1.  The absence of prior conclusions of Level I, Level II or major violations.

Aggravating factors for the assistant director

1. Violations were deliberate.
2. Conduct intended to generate pecuniary gain for the involved individual.
3. Intentional, willful or blatant disregard for the NCAA constitution and bylaws.

Mitigating factor for the assistant director

1. The absence of prior conclusions of Level I, Level II or major violations.

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

1. Public reprimand and censure.
2. Probation: Three years of probation from July 25, 2019, through July 24, 2022.
3. Financial penalty: The institution shall pay a fine of $15,000 to the NCAA.
4. The assistant coach is subject to a three-year to lifetime show cause order restricting him from all athletically related duties. Based on the nature of the sports wagering violations coupled with the post-separation failure to cooperate violation, the enforcement staff believes a 15-year show cause order is warranted for the assistant coach. The show cause shall run from July 25, 2019, through July 24, 2034.
5. The assistant director is subject to a three-year to lifetime show cause order restricting him from all athletically related duties. The assistant director has agreed to a four-year show cause order. The show cause shall run from July 25, 2019, through July 24, 2023.

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