The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that the University of San Francisco (“Institution” or “USF”) committed violations of NCAA legislation. This case involves impermissible recruiting inducements and contacts in the men’s golf program at USF. 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”). COI proposed further penalties to the Institution. Because the Institution agreed to the violations and penalties, there is no opportunity to appeal.

This case involves two successive head men’s golf coaches engaging in recruiting violations during the period from October 2012 through early November 2016. In large part because they misunderstood applicable legislation, the coaches arranged free or discounted rounds of golf, driving range privileges, free lodging and free transportation for eight (8) prospective student-athletes and one (1) prospect’s father. The two (2) head coaches also had impermissible off-campus contacts with three (3) of the prospects. For four (4) years, the two (2) head coaches violated NCAA recruiting legislation, resulting in six (6) of the prospects competing while ineligible once they enrolled. Over the same period, one (1) of the head coaches sent impermissible email messages to prospects and provided an impermissible meal to two national team employees whose team included prospects. The violations demonstrated a failure to promote an atmosphere of rules compliance by the coaches in their programs. Finally, the violations demonstrated that the Institution did not adequately monitor its men’s golf program. The improper inducements and contacts, as well as the coaches’ responsibility violations and the failure to monitor, are Level II violations. The impermissible meals and email messages are Level III violations.

The Committee concluded that USF committed the following violations:

Violations of NCAA Division I Manual Bylaws 13.2.1 and 13.11.2.3 (2012-13 through 2016-17); 13.1.2.1 and 13.11.1 (2015-16 and 2016-17); and 13.1.1.1, 13.1.2.7-(a), 13.5.1, 13.5.3 and 13.7.1 (2016-17) (Level II)

The Institution, head coach 1, head coach 2 and NCAA enforcement staff agree that from October 2012 through early November 2016, head coach 1, head coach 2, then men’s golf student-athletes and/or a representative of the Institution’s athletics interests (booster) arranged for and/or provided approximately $2,020 in impermissible recruiting inducements to eight (8) then men’s golf prospective student-athletes and one (1) prospect’s father. The inducements included free or discounted rounds of golf and driving range privileges, free off-campus lodging and/or impermissible transportation, which resulted in six of the prospects competing while ineligible after they became enrolled student-athletes. Head coach 2, the booster and men’s golf student-athletes also had impermissible in-person, off-campus recruiting contacts with three (3) of the then men’s golf prospective student-athletes and two (2) of the prospects’ fathers.

In October 2012, head coach 1 arranged for and/or provided a then prospective student-athlete and later enrolled men’s golf student-athlete a free round of golf valued at $50 during the prospect’s visit to the institution. NCAA Bylaws 13.2.1 and 13.11.2.3 (2012-13).

Between 2012 and the 2013 fall semester, head coach 1 arranged for and/or provided a then prospective student-athlete and later enrolled men’s golf student-athlete a free round of golf valued at $105 during the prospect’s unofficial visit to the institution. NCAA Bylaws 13.2.1 and 13.11.2.3 (2012-13 and 2013-14).

In November 2013, head coach 1 arranged for and/or provided a then prospective student-athlete and current men’s golf student-athlete a free round of golf valued at $275 during the prospect’s official (paid) visit to the institution. NCAA Bylaws 13.2.1 and 13.11.2.3 (2013-14).

In April 2014, head coach 1 arranged for and/or provided a then prospective student-athlete and current men’s golf student-athlete a free round of golf valued at $50 during the prospect’s official (paid) visit to the institution. NCAA Bylaws 13.2.1 and 13.11.2.3 (2013-14).

In April 2014, head coach 1 arranged for and/or provided a then prospective student-athlete and current men’s golf student-athlete a free round of golf valued at $275 during the prospect’s official (paid) visit to the institution. NCAA Bylaws 13.2.1 and 13.11.2.3 (2013-14).

In October 2015, head coach 2 provided or arranged for the booster to provide a then prospective student-athlete and current men’s golf student-athlete and the prospect’s father a free round of golf valued at $550 during the prospect’s official (paid) visit to the institution. The booster also joined the prospect and his father for the free round of golf, which constituted impermissible in-person off-campus recruiting contact. NCAA Bylaws 13.1.2.1, 13.2.1, 13.11.1 and 13.11.2.3 (2015-16).

In October 2016, head coach 2 and the booster arranged for and/or provided a then prospective student-athlete and current men’s golf student-athlete one round of golf for the price of $75, which resulted in a $2007 discount and impermissible inducement, during the prospect’s official (paid) visit to the institution. The booster also joined the prospect for the round of golf and interacted with the prospect’s father in excess of an exchange of a greeting, which constituted impermissible in-person off-campus recruiting contact. NCAA Bylaws 13.1.2.1, 13.2.1, 13.11.1 and 13.11.2.3 (2016-17).

Between October 26 and November 1, 2016, head coach 2 and/or then men’s golf-student athletes arranged for and/or provided a men’s golf prospective student-athlete free rounds of golf and driving range privileges valued at $419, one night of free off-campus lodging valued at $50 and impermissible transportation valued at $48 during the prospect’s unofficial visit to the institution. Head coach 2 and/or the then men’s golf student-athletes also had impermissible in-person, off-campus contact with the prospect at one restaurant and during the provision of the free off-campus lodging and impermissible transportation. NCAA Bylaws 13.1.1.1, 13.1.2.7-(a), 13.2.1, 13.5.1, 13.5.3 and 13.7.1 (2016-17).

Violations of NCAA Division I Manual Bylaws 13.8.1 (2016-17) (Level III)

The Institution, head coach 2 and NCAA enforcement staff agree that in November 2016, head coach 2 provided impermissible entertainment in the form of a meal to the Federation national team’s director of coaching and one of its trainers during their visit to the United States. The Federation includes national teams comprised of prospective student-athletes.

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2015-16 and 2016-17) (Level II)

The Institution, head coach 2 and NCAA enforcement staff agree that head coach 2 is presumed responsible for violations detailed above and did not rebut the presumption of responsibility.

Head coach 2 did not demonstrate that he promoted an atmosphere of compliance within the men’s golf program because he was personally involved in the violations in that he arranged for and/or provided impermissible recruiting inducements, participated in impermissible in-person, off-campus recruiting contact and arranged for and/or permitted impermissible recruiting contacts by a representative of the institution’s athletics interests and/or enrolled student-athletes, as detailed above. NCAA Bylaw 11.1.1.1 (2015-16 and 2016-17).

Head coach 2 did not demonstrate that he promoted an atmosphere of compliance within the men’s golf program because he provided impermissible entertainment in the form of a meal to the Federation national team’s director of coaching and one of its trainers, as detailed above. NCAA Bylaw 11.1.1.1 (2016-17).

Head coach 2 did not demonstrate that he promoted an atmosphere of compliance within the men’s golf program because he sent 19 impermissible email messages to 15 men’s golf prospective student-athletes before their junior year of high school, as detailed above. NCAA Bylaw 11.1.1.1 (2015-16 and 2016-17).

Violations of NCAA Division I Manual Bylaws 11.1.2.1 (2012-13) and 11.1.1.1 (2013-14) (Level II)

The Institution, head coach 1 and NCAA enforcement staff agree that from October 2012 until April 2014, head coach 1 is presumed responsible for violations detailed in Violation Nos. 1-(a) through 1-(e) and did not rebut the presumption of responsibility. Specifically, head coach 1 did not demonstrate that he promoted an atmosphere of compliance because he was personally involved in the violations in that he arranged for and/or provided impermissible recruiting inducements to five then men’s golf prospective student-athletes, as detailed above.

Violations of NCAA Division I Manual Bylaws 2.8.1 (2012-13 through 2016-17) (Level II)

The Institution and NCAA enforcement staff agree that the scope and nature of the violations detailed above demonstrate that the Institution violated the NCAA principle of rules compliance when it failed to adequately monitor its men’s golf program to ensure compliance with all aspects of NCAA recruiting legislation. Specifically, over a four-year period, the Institution did not have adequate systems in place to prevent and/or detect the violations of NCAA legislation cited in the SDR, in that it failed to adequately monitor prospective men’s golf student-athletes’ visits to the Institution. As a result, the men’s golf program arranged for and/or provided eight (8) then men’s golf prospective student-athletes and one (1) prospect’s father a variety of recruiting inducements worth approximately $2,020.
Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4

Aggravating Factors for USF
A history of Level I, Level II or major violations. NCAA Bylaw 19.9.3-(b).

Multiple Level I and II violations by the institution. NCAA Bylaws 19.9.3-(a) and 19.9.3-(g).

Persons of authority condoned, participated in or negligently disregarded the violation(s) or related wrongful conduct. NCAA Bylaw 19.9.3-(h).

Mitigating Factors for USF

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

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

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

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

Head Coach 1 Aggravating Factors

Multiple Level II violations. NCAA Bylaw 19.9.3-(b).

Persons of authority condoned, participated in or negligently disregarded the violation(s) or related wrongful conduct. NCAA Bylaw 19.9.3-(h).

Head Coach 1 Mitigating Factors

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

Head Coach 2 Aggravating Factors

Multiple Level II violations. NCAA Bylaw 19.9.3-(b).

Persons of authority condoned, participated in or negligently disregarded the violation(s) or related wrongful conduct. NCAA Bylaw 19.9.3-(h).

Head Coach 2 Mitigating Factors

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 USF as follows:

1. Public reprimand and censure.

2. One (1) year of probation from April 6, 2018, through April 5, 2019.

3. The Institution shall pay a fine of $5,000.

4. The men’s golf program will be prohibited from engaging in any recruiting activities (e.g., no phone calls, electronic messages, text messages, on- or off-campus contact) with international prospects for a three-month period (January 1, 2018, through March 31, 2018).

5. The men’s golf program will not be allowed to engage in any recruiting activity (as defined by NCAA Bylaw 13.02.14) in the month of December 2018.

6. The Institution shall vacate all contests in which student-athletes competed while ineligible.

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