The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that University of North Carolina at Greensboro (“Institution” or “UNCG”) committed violations of NCAA legislation. Institution, the then head men’s soccer coach, and NCAA enforcement staff agreed that from January 16 through July 23, 2019, the head coach had impermissible contacts with 13 men’s soccer student-athletes he coached at a previous NCAA member institution without first obtaining authorization through the notification of transfer process. The head coach’s previous institution hired the head coach in 2010. On January 15, 2019, the head coach notified his prior institution’s men’s soccer team of his resignation. The next day, the head coach was appointed head men’s soccer coach at his alma mater, UNCG.

On March 11, 2019, the director of athletics at the head coach’s prior institution contacted the director of athletics and the senior associate director of athletics/senior woman administrator at UNCG and alleged that the head coach made impermissible recruiting contacts with three current men’s soccer student-athletes [at the head coach’s prior institution], a prospective student-athlete who had signed a National Letter of Intent with [the head coach’s prior institution] and a prospective student-athlete who had verbally committed to [the head coach’s prior institution]. In addition, the [head coach’s prior institution’s] director of athletics stated that [the head coach’s prior institution] had evidence of the head coach’s impermissible telephone calls and text messages to support the allegations and would submit them in a report to the Southern Conference office.

UNCG officials promptly contacted the head coach about the allegations. At that time, the head coach acknowledged that he made contact with the five individuals identified by the head coach’s former director of athletics. As a result, UNCG requested that the head coach cease communication with the identified individuals and provide screenshots of any text messages on his telephone with the five individuals.

At the time, UNCG was engaged with the NCAA enforcement staff in the final stages of processing a Level I sports wagering case (Case No. 00951) and notified the NCAA enforcement staff of the possible violations involving the head coach. The parties agreed to separate the two matters and continue processing the sports wagering case while the Institution investigated the head coach’s impermissible contacts. On May 28, 2019, UNCG submitted a report to the enforcement staff that outlined violations of NCAA Bylaw 13.1.1.3 committed by the head coach involving two men’s soccer student-athletes [at the head coach’s prior institution]. Upon reviewing the Institution’s report, the NCAA enforcement staff believed the violations could be Level II and recommended additional investigation.

The Institution and NCAA enforcement staff immediately began a collaborative investigation and identified additional violations of Bylaw 13.1.1.3. In total, the head coach had impermissible contact with 13 men’s soccer student-athletes [at the head coach’s prior institution] without first obtaining authorization through the notification of transfer process. the head coach’s contact with nine of the student-athletes involved only cordial and civil conversations (i.e., congratulatory messages, birthday wishes). While some of the contact with the four other student-athletes was similar in nature, the majority involved recruiting discussions relating to the student-athletes’ possible transfer to UNCG. None of the student-athletes transferred to or enrolled at UNCG.

The Institution, the head coach and NCAA enforcement staff considered the nature and scope of the violations while discussing case processing options. The parties also considered the fact that the Institution was involved in a recent but unrelated Level I case. The parties believe negotiated resolution is appropriate due to the agreement on facts, violations, level classification and penalties.

This case was resolved through a negotiated resolution.

The Committee concluded that UNCG committed the following violations:

Violations of NCAA Division I Manual Bylaws 13.1.1.3 (2018-19) (Level II)

The Institution, the head coach and NCAA enforcement staff agreed that from January 16 through July 23, 2019, the head coach had at least 175 impermissible contacts with at least 13 men’s soccer student-athletes from [the head coach’s prior institution] without first obtaining authorization through the notification of transfer process.

From January 16 through March 11, 2019, the head coach had at least 117 impermissible contacts via 13 telephone calls, 101 text messages and three in-person conversations with four men’s soccer student-athletes [from the head coach’s prior institution]. These contacts involved recruiting conversations between the head coach and the four [the head coach’s prior institution] men’s soccer student-athletes. The head coach did not obtain authorization through the notification of transfer process before he made the contacts. NCAA Bylaw 13.1.1.3 (2018-19).

From January 16 through July 23, 2019, the head coach had at least 58 impermissible contacts via one telephone call and 57 text messages with nine men’s soccer student-athletes [from the head coach’s prior institution]. The context of these contacts involved only cordial and civil conversations. the head coach did not obtain authorization through the notification of transfer process before he made the contacts. NCAA Bylaw 13.1.1.3 (2018-19).

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

The Institution, the head coach, and NCAA enforcement staff agreed that from January 16 through July 23, 2019, 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 for 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 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 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, including timely submission of a negotiated resolution, pursuant to Bylaw 19.5.12.1. 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 Head Soccer Coach

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

Multiple Level II violations by the involved individual.  NCAA Bylaw 19.9.3-(g).

Person of authority condoned, participated in or negligently disregarded the violation.  NCAA Bylaw 19.9.3-(h).

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

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

Mitigating Factors for Head Soccer Coach

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, including timely submission of a negotiated resolution, pursuant to Bylaw 19.5.12.1.  NCAA Bylaw 19.9.4-(c).

Exemplary cooperation.  NCAA Bylaw 19.9.4-(f).

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 UNCG as follows:

1. Public reprimand and censure.
2. Probation: One year of probation to run consecutive to the probation in Case No. 00951. This will extend the probation period through July 24, 2023.
3. Financial penalty: The Institution shall pay a fine of $5,000.00.
4. Recruiting Restrictions: Three-week ban on all recruiting communication contacts and off-campus recruiting by the entire men’s soccer coaching staff with any prospective student-athletes, including transfers.
5. Show-cause order: The head coach was personally involved in impermissible contacts with his former men’s soccer student-athletes at his former institution without first obtaining authorization through the notification of transfer process. Therefore, the head coach shall be subject to a one-year show-cause order from April 7, 2020, through April 6, 2021. During the one-year show-cause period, the head coach shall be prohibited from participating in all recruiting communication contacts and off-campus recruiting for ten weeks with credit for three weeks served at the UNCG resulting in a ban of seven weeks to still be served. Any NCAA member institution employing the head coach during the one-year show-cause period shall adhere to this penalty.

6. coach restrictions: The head coach violated Bylaw 11 head coach responsibility legislation when he failed to promote an atmosphere of compliance when he was personally involved in impermissible contacts with his former men’s soccer student-athletes. Bylaw 19.9.5.5 and the Figure 19-1 penalty guidelines contemplate head coach suspensions to address head coach responsibility violations. Therefore, if the head coach becomes employed in an athletically related position at an NCAA member institution during the one-year show cause period, he shall be suspended from two regular season (championship segment) contests. The suspension will run concurrently with the show-cause order.
7. The institution withheld the head coach from two spring (non-championship segment) games after the discovery of the violations.

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