The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that the University of Pittsburgh (“Institution” or “UP” or “Pitt”) committed violations of NCAA legislation. Pitt; its head football coach; and NCAA enforcement staff agreed with the violations detailed below. The parties agreed that this case should be resolved as Level II – Mitigated for the institution and Level II – Standard for the head football coach. The former head men’s basketball coach (head basketball coach) and former director of men’s basketball operations (director of operations) (who at one point was also an assistant coach) are not currently involved in intercollegiate athletics and informed the NCAA enforcement staff they would not participate in the resolution of this case. The enforcement staff believes the case should be resolved as Level II – Aggravated for the former head basketball coach and Level I – Aggravated for the former director of operations.

Pitt, head football coach and NCAA enforcement staff believed negotiated resolution was appropriate due to the agreement on the facts, violations, level classification and penalties. Additionally, consistent with NCAA Bylaw 19.5.12.1.1, the enforcement staff has included the violations and proposed penalties involving the nonparticipating director of operations and head basketball coach. Both of them have indicated that they will not participate in the processing of this case, and the enforcement staff asks the hearing panel of the NCAA Division I Committee on Infractions to process the uncontested violations concerning the head basketball coach and post- separation violations concerning the director of operations as part of this negotiated resolution.

The Committee concluded that Pitt committed the following violations:

 Violations of NCAA Division I Manual Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.1.1-(b), 11.7.3 and 11.7.6 (2015-16 through 2017-18) (Level II)

From June 2016 through March 2018, the head basketball coach instructed and permitted three noncoaching staff members to engage in impermissible activities. As a result, the men’s basketball program exceeded the permissible number of countable coaches.

Between June 2016 and June 2017, the head basketball coach instructed and permitted the director of men’s basketball operations, and the men’s basketball video coordinator/director of analytics, to provide technical or tactical instruction to men’s basketball student-athletes during summer skill-related instruction sessions, preseason practices, regular season practices, film sessions, scouting report briefings and at halftime of competitions.3 They and regularly coached student-athletes during this period. NCAA Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.1.1-(b), 11.7.3 and 11.7.6 (2015-16 and 2016-17).

Between May 2017 and March 2018, the head basketball coach instructed and permitted the men’s basketball video coordinator/director of analytics and special assistant to the head men’s basketball coach to provide technical or tactical instruction during summer skill-related instruction sessions, preseason practices, regular season practices, film sessions, scouting report briefings and at halftime of competitions. They regularly coached student-athletes during this period. NCAA Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.1.1-(b), 11.7.3 and 11.7.6 (2016-17 and 2017-18).

Violations of NCAA Division I Manual Bylaws 13.4.1.8 and 13.4.1.8.2 (2016-17), 13.6.7.9 and 13.7.3 (2016-17 and 2017-18), 13.4.1.9 and 13.4.1.9.2 (2017-18) (Level II)

Between May and September 2017, the men’s basketball program produced personalized recruiting videos for 12 men’s basketball prospective student-athletes and showed the videos to the prospects during their official or unofficial visits to the institution’s campus.

Violations of NCAA Division I Manual Bylaws 11.1.1.1 and 19.2.3 (2015-16 through 2017-18) (Level II)

 Between June 2016 and March 2018, the head basketball coach violated the responsibility to cooperate and head coach responsibility legislation, as he is presumed responsible for the violations detailed above and did not rebut the presumption of responsibility. Specifically, the head basketball coach did not demonstrate that he promoted an atmosphere for compliance because of his involvement in directing noncoaching staff members to perform coaching duties, his failure to cease these violations after being warned by athletics department administrators, his use of a system to avoid the detection of violations and his noncooperative directive to delete video confirming violations had occurred. Additionally, he did not demonstrate that he monitored his staff within the men’s basketball program because of his failure to determine whether the creation and display of personalized recruiting videos was permissible.

Violations of NCAA Division I Manual Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.1.1-(b), 11.7.3 and 11.7.6 (2015-16 through 2017-18) (Level II)

 Between August 2015 and November 2017, the head football coach instructed or was present at the football practice facility when three then quality control staff members engaged in impermissible activities. As a result, the football program exceeded the permissible number of countable coaches.

From August 2015 through November 2016, the head football coach was present at the football practice facility when a quality control staff member assisted in drills for football student-athletes during spring football practices, preseason camps and regular season practices.6 The quality control staff member was involved in drills for about five to 12 minutes per practice almost daily during the August 2016 preseason camp and occasionally during spring and regular season practices and the August 2015 preseason camp. NCAA Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.3 and 11.7.6 (2015-16 and 2016-17).

In August 2017, the head football coach was present at the football practice facility when a quality control staff member assisted in drills for football student-athletes during preseason camp. The quality control staff member was involved in drills almost daily for about five to 12 minutes per practice. NCAA Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.3 and 11.7.6 (2017-18).

From September 2015 through November 2017, the head football coach was present at the football practice facility when a quality control staff member held play cards for football student-athletes on the scout team. This activity occurred three days per week for approximately 40 minutes per day during the team’s regular season practices. NCAA Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.1.1-(b), 11.7.3 and 11.7.6 (2015-16 through 2017-18).

Between October 22 and November 23, 2017, the head football coach asked a quality control staff member to assist the offensive line coach in coaching offensive lineman football student-athletes. The quality control staff member engaged in impermissible coaching activity with student-athletes two times per week for approximately 20 minutes per day over the course of the season’s final five weeks. NCAA Bylaws 11.7.1, 11.7.1.1, 11.7.1.1-(a), 11.7.3 and 11.7.6 (2017-18).

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2015-16 through 2017-18) (Level II)

Between August 2015 and November 2017, the head football coach is presumed responsible for the violations detailed in Agreed-Upon Findings of Fact No. 4 and did not rebut the presumption of responsibility. Specifically, the head football coach did not demonstrate that he promoted an atmosphere for compliance when he instructed a noncoaching staff member to assist in coaching student-athletes. Additionally, he did not demonstrate that he monitored his staff within the football program when he did not prevent noncoaching staff from performing impermissible duties.

Violations of NCAA Division I Manual Bylaws 10.1, 10.1-(a) and 19.2.3 (2018-19 and 2019-20) (Level I)

 On March 7, 2019, and continuing to the present, the director of operations violated the NCAA principles of ethical conduct and failed to cooperate with the NCAA enforcement staff when he refused to participate in an interview requested by the enforcement staff.

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;

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

19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct;

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

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

Mitigating Factors for the Institution

19.9.4-(b): Prompt acknowledgment of the violations, 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-(e): Intentional, willful or blatant disregard for the NCAA constitution and bylaws; and

19.9.4-(i): Other factors warranting a lower penalty range.

Aggravating Factors for the Head Basketball Coach

19.9.3-(d): Obstructing an investigation or attempting to conceal the violation;

19.9.3-(f): Violations were premeditated, deliberate or committed after substantial planning;

19.9.3-(g): Multiple Level II violations by the assistant coach;

19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct;

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

Mitigating Factors for the Head Basketball Coach

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

Aggravating Factors for the Head Football Coach

19.9.3-(g): Multiple Level II violations by the individual; and

19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violations or related wrongful conduct.

Mitigating Factors for the Head Football Coach

19.9.4-(b): Prompt acknowledgement of the violation and acceptance of responsibility; and

19.9.4-(h): The absence of prior conclusions of Level I, Level II or major violations.

Aggravating Factors for the Director of Operations

19.9.3-(e): Unethical conduct and failing to cooperate; and

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

Mitigating Factors for the Director of Operations

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

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

1. Public reprimand and censure.
2. Probation: Three years of probation from February 20, 2020, through February 19, 2023.
3. Financial penalty: The institution shall pay a fine of $5,000 plus one-half of one percent of each of the men’s basketball and football budgets.
4. A reduction in men’s basketball recruiting person days by 17 in the 2017-18 year.
5. Recruiting restrictions: The head football coach did not participate in off-campus recruiting during one recruiting week of the December 1, 2019, through February 1, 2020, contact period.
6. Show-cause order – Team practice restrictions for the head football coach: The head football coach shall be withheld from two days of team practices during August 2020. The provisions of this withholding require that he not be present in the football complex or facility where practice takes place and have no contact or communication with football staff or student-athletes during the withholding period. The prohibition includes all coaching activities for the period of time that begins at 12:01 a.m. on the days of the practices and ends at 11:59 p.m. on those days. During that period, the head football coach may not participate in any coaching activities, including, but not limited to, team travel, video study, recruiting and team meetings. The institution or any other employing member institution shall adhere to this penalty and the reporting requirements during the 2020-21 academic year.
7. Show-cause order: The head basketball coach shall be subject to a three-year show- cause order from February 20, 2020, through February 19, 2023. Pursuant to the NCAA Division I Committee on Infractions Internal Operating Procedure (IOP) 5-15-3-1, if he seeks employment or affiliation with any athletically related position at an NCAA member institution during the three-year show-cause period, he shall be subject to the head coach restriction detailed in Penalty No. 6 and any employing institution shall be required to contact the office of the Committees on Infractions to make arrangements to show cause why restrictions on all athletically related activity should not apply.
8. Head coach restriction: The head basketball coach violated head coach responsibility when he failed to monitor his staff and promote an atmosphere for compliance. Therefore, should he become employed in an athletically related position at an NCAA member institution during the three-year show-cause period, he shall be suspended from 30 percent of the first season of his employment. The suspension shall run concurrently with the first year of the show-cause order. Because the show-cause order restricts him from all athletically related activity, this suspension is subsumed within the show-cause order.
9. Show-cause order: The director of operations shall be subject to a three-year show- cause order from February 20, 2020, through February 19, 2023. Pursuant to Committee on Infractions IOP 5-15-3-1, if he seeks employment or affiliation with any athletically related position at an NCAA member institution during the three- year show-cause period, any employing institution shall be required to contact the office of the Committees on Infractions to make arrangements to show cause why restrictions on all athletically related activity should not apply.
10. Other penalties as appropriate, in men’s basketball: A reduction in the number of countable coaches by one at regular practice for 16 hours during the 2019-20 academic year. The reduction will remove a countable coach who otherwise would have been present at practice. In the spring of 2020, a reduction in countable athletically related activities (CARA) hours from 20 to 18 (in-season) and eight to seven (out-of-season).
11. Other penalties as appropriate, in football: A reduction of CARA activities by eight hours and the number of countable coaches by one for two days of practice (eight total hours) during the 2018 football season; a reduction in the number of countable coaches by one for four days of practice (16 total hours) in the 2019-20 academic year. The reduction will remove a countable coach who otherwise would have been present at practice; and two football quality control staff members shall be removed from practice for three days (12 total hours) during the 2019-20 academic year.

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