The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that West Texas A&M University (“WAMU” or “Institution”) committed major violations of NCAA legislation. The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (“SDR”). It centered on members of the football coaching staff providing impermissible benefits to prospective and enrolled student-athletes and providing false information about the violations. The case also involved two student-athletes who engaged in academic fraud and the failure of a football coach to report the fraud once he became aware of it. Because the institution and one of the involved individuals agreed to the violations and penalties, they have no opportunity to appeal. Two other involved individuals contested the committee’s proposed additional penalties concerning them at expedited penalty hearings. Those two individuals have opportunities to appeal the contested penalties to the NCAA Division II Infractions Appeals Committee.

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

Violations of NCAA Bylaws 13.2.2-(h) (2011-12 and 2012-13)

It is agreed that in January, July and August 2012, the football coaching staff arranged for six then football prospective student-athletes to receive inducements in the form of cost-free housing, a total value of approximately $720. Specifically:

a. It is agreed that in January 2012, a then football prospective student-athlete (student-athlete 4) received one day of free lodging at a hotel and four days of free housing at the home of a then football student-athlete, a total value of approximately $85.

b. It is agreed that in January 2012, a then football prospective student-athlete (student-athlete 5) received one day of free lodging at a hotel and two days of free housing at the home of a then football student-athlete, a total value of approximately $65.

c. It is agreed that in January 2012, a then football prospective student-athlete (student-athlete 6) received seven days of free housing at the home of a then football student-athlete, a total value of approximately $70.

d. It is agreed that in July and August 2012, a then prospective football student-athlete (student-athlete 7) received 22 days of free housing at the home of a then football student-athlete, a total value of approximately $220.

e. It is agreed that in July and August 2012, a then prospective football student-athlete (student-athlete 8) received 21 days of free housing at the home of a then football student-athlete, a total value of approximately $210.

f. It is agreed that in July and August 2012, then prospective football student-athlete (student-athlete 9) received seven days of free housing at the home of a then football student-athlete, a total value of approximately $70.

Violations of NCAA Bylaw 16.11.2.1 (2012-13)

It is agreed that in August 2012, former assistant coach 1 provided student-athlete 1 approximately $300 cash as a loan for emergency childcare expenses. Student-athlete 1 did not repay the loan.

Violations of NCAA Bylaws 10.01.1, 10.1, 10.1-(d), 11.1.2.1 and 19.01.2 (2012-13 and 2013-14)

It is agreed that during the summer of 2013, the former head coach violated the principles of ethical conduct when he failed to deport himself in accordance with generally recognized high standards of honesty and sportsmanship normally associated with the conduct and administration of intercollegiate athletics, and failed to promote an atmosphere for compliance when he knowingly: (1) furnished the institution false or misleading information during its investigation of the aforementioned violation; and (2) influenced student-athletes 10 and 11 to provide false or misleading information to the institution during its investigation. Specifically:

a. The former head coach provided false or misleading information to the institution on at least two occasions in August 2013 when he reported that two student-athletes (student-athletes 10 and 11, respectively) had paid for their tickets prior to the Texas Rangers’ baseball game. NCAA Bylaws 10.01.1, 10.1, 10.1-(d) and 19.01.2 (2013-14).

b. The former head coach knowingly influenced student-athletes 10 and 11 to provide false or misleading information when he instructed them to report that they paid for their tickets prior to the Texas Rangers’ baseball game. As a result, he also failed to promote an atmosphere for compliance. NCAA Bylaws 10.01.1, 10.1, 10.1-(d), 11.1.2.1 and 19.01.2 (2012-13 and 2013-14).

Violations of NCAA Bylaws 10.01.1, 10.1, 10.1-(c), 10.1-(d) and 19.01.2 (2012-13)

It is agreed that in August 2012 and January and June 2013, former assistant coach 1 violated the principles of ethical conduct when he failed to deport himself in accordance with generally recognized high standards of honesty and sportsmanship normally associated with the conduct and administration of intercollegiate athletics when he knowingly: (1) provided extra benefits in the form of cash for emergency childcare expenses to student-athlete 1; and (2) furnished his former and current institution false or misleading information during their respective investigations of violations above. Specifically:

a. In August 2012, former assistant coach 1 knowingly provided an extra benefit to student-athlete 1 for emergency childcare expenses for the student-athlete’s child valued at approximately $300, as detailed in violations above. NCAA Bylaws 10.01.1, 10.1, 10.1-(c) and 19.01.2 (2012-13).

b. In January and June 2013, former assistant coach 1 knowingly furnished institutional staff members with false or misleading information when he denied providing an extra benefit to student-athlete 1. NCAA Bylaws 10.01.1, 10.1, 10.1-(d) and 19.01.2 (2012-13).

Violations of NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 10.1-(c), 14.4.1, 14.4.3, 14.4.3.1-(a), 14.4.3.1-(b), 16.8.1.2, 16.11.2.1 and 19.01.2 (2013-14 and 2014-15)

It is agreed that during the 2014-15 academic year, student-athletes 2 and 3 engaged in academic misconduct in an effort to assist student-athlete 3 in maintaining his athletics eligibility. Additionally, former assistant coach 2 violated the principles of ethical conduct when he knowingly: (1) failed to report the academic misconduct violation after he learned that it had occurred; and (2) permitted student-athlete 3 to compete and receive travel expenses while ineligible. Specifically:

a. In May 2014, student-athlete 3 requested and received permission from a professor to complete make-up work for SPAN 1411, a class in which he was enrolled in during the fall of 2013 and failed. Former assistant coach 2 and another member of the institution’s athletics department then permissibly arranged for student-athlete 2 to tutor student-athlete 3. However, during May and June 2014, student-athlete 3 knowingly received impermissible academic assistance when student-athlete 2 completed and/or arranged for members of his immediate family to complete online assignments for student-athlete 3’s SPAN 1411 class, which led him to obtain fraudulent academic credit. As a result, student-athlete 3 competed in seven games and received travel expenses on four occasions while ineligible during the 2014-15 football season. NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 14.4.1, 14.4.3, 14.4.3.1-(a), 14.4.3.1-(b), 16.8.1.2 and 16.11.2.1 (2013-14 and 2014-15).

b. In June 2014, former assistant coach 2 learned that student-athlete 2 had completed online assignments for student-athlete 3 when he received a text message from student-athlete 2 on June 14 indicating that he had done some of student-athlete 3’s work. Former assistant coach 2 received another text message from student-athlete 2 on June 16, informing him that student-athlete 2 had done additional work for student-athlete 3. Nevertheless, former assistant coach 2 failed to report the academic misconduct violation. As a result, former assistant coach 2 knew student-athlete 3 was competing and receiving travel expenses while ineligible during the 2014-15 football season. NCAA Bylaws 10.01.1, 10.1, 10.1-(c) and 19.01.2 (2013-14 and 2014-15).

Violations of NCAA Bylaws 10.1, 10.1-(a) and 10.1-(d) (2014-15)

It is agreed that during the 2014-15 academic year, student-athlete 2 knowingly furnished misleading information and refused to furnish information relevant to an investigation of a possible violation of an NCAA regulation when he was requested to do so by the NCAA enforcement staff. Specifically, on November 26 and December 16, 2014, the enforcement staff requested that student-athlete 2 provide relevant information, including copies of all text messages between him, former assistant coach 2 and student-athlete 3, for the period of April to November 2014. On January 7, 2015, in response to the enforcement staff’s request for information, student-athlete 2 provided copies of text messages between him, former assistant coach 2 and student-athlete 3. The enforcement staff compared the text messages provided January 7 to text messages provided to the enforcement staff by the institution and former assistant coach 2, and determined that student-athlete 2 failed to provide all of the text messages pertaining to his involvement in the academic misconduct issue outlined in Violation No. 6. Consequently, on January 15 and February 4 and 5, 2015, the enforcement staff again requested that student-athlete 2 provide copies of all his text messages with former assistant coach 2 and student-athlete 3. Nevertheless, student-athlete 2 failed to provide this information.

The Committee assessed penalties against WAMU and penalized WAMU as follows:

1. Public reprimand and censure.

2. Three years of probation from March 23, 2016 through March 22, 2016.

3. The institution shall award no more than 32.49 total grants-in-aid in the sport of football for the 2016-17 academic year. This figure represents the four-year average of grants awarded from the 2011-12 through 2014-15 academic years, including the institution’s self-imposed reductions in 2013-14 (the institution self-imposed a cut of two equivalency grants for the 2013-14 academic year).

4. The institution shall vacate all wins in which student-athlete 3 competed from the time he became ineligible until his eligibility was reinstated.

5. The institution shall pay a fine of $5,000 (the institution proposed a fine of $3,500).

6. The institution restricted the former head coach to on-campus recruiting only from June 2013 through May 1, 2014 (institution imposed).

7. The institution required six members of the football coaching staff to forfeit a total of $11,620 in performance incentives, including the former head coach ($3,320); former assistant coach 1 ($1,660); and former assistant coach 2 ($1,660) (institution imposed).

8. The institution shall provide a copy of the infractions decision to its regional accrediting agency.

9. The former head coach provided false or misleading information to the institution on two occasions. Further, he influenced two student-athletes to provide false or misleading information. His provision of false information, and influencing two student-athletes to provide false information, were contrary to the principles of ethical conduct and demonstrated a failure to promote an atmosphere for rules compliance in the football program. Therefore, the committee prescribes a two-year show-cause order pursuant to NCAA Bylaw 19.5.2.2 for the former head coach. The show-cause period shall run from March 23, 2016, through March 22, 2018. The conditions of the show-cause order are as follows: (A) the former head coach shall be suspended indefinitely from all off-campus recruiting beginning February 1, 2014; any future off-campus recruiting requires pre-approval from the director of athletics (imposed by the institution where he presently serves in a voluntary capacity); (B) the former head coach shall attend a 2016 NCAA Regional Rules Seminar at his own expense (imposed by the institution where he presently serves in a voluntary capacity); (C) the former head coach shall undergo ethics training during the first year the show-cause order is in effect; and (D) if the former head coach becomes a salaried employee of any member institution during the term the show cause is in effect, he and the member institution shall contact the Office of the Committees on Infractions (OCOI) to schedule an appearance before the committee. The purpose of the appearance shall be to consider whether the member institution should be subject to the show-cause provisions of NCAA Bylaw 19.5.2.2, which could limit the former head coach’s athletically related duties at the new member institution for a designated period.

10. Former assistant coach 1 knowingly provided impermissible benefits to student-athlete 1 in the form of a loan of approximately $300. Former assistant coach 1 did not seek reimbursement of the loan and it was not repaid. Further, in January 2013, he denied to the institution that he had provided the loan. Also, on June 24, 2013, he denied to his present employing institution that he provided the loan. He did not give a truthful recitation of the events until his current employing institution informed him that the NCAA was going to interview him. His provision of the loan and of false information was contrary to the principles of ethical conduct. Therefore, the committee prescribes a two-year show-cause order pursuant to NCAA Bylaw 19.5.2.2 for former assistant coach 1. The show-cause period shall run from March 23, 2016, through March 22, 2018. The conditions of the show-cause order are as follows: (A) former assistant coach 1 shall be reprimanded in writing by his present institution (imposed by present employing institution); (B) former assistant coach 1 shall have three months of mandatory rules training with the compliance office, with emphasis placed on the bylaws he violated (imposed by present employing institution); (C) former assistant coach 1 shall be suspended two weeks from off-campus recruiting in December 2013, for two weeks in the spring of 2014 and from all off-campus recruiting from November 15, 2014, through December 31, 2014 (imposed by present employing institution); (D) former assistant coach 1 shall vacate $2,910 in bonus pay (imposed by present employing institution); (E) former assistant coach 1 shall attend a 2016 NCAA Regional Rules Seminar at his own expense (imposed by present employing institution); (F) former assistant coach 1 shall undergo ethics training during the first year the show-cause order is in effect; (G) former assistant coach 1 shall be suspended from all coaching duties for the first conference game of the 2016 season. The suspension shall commence at 11:59 p.m. on the day of the contest immediately preceding the first conference game and shall expire at 11:59 p.m. on the day of the first conference game. During the suspension, former assistant coach 1 shall not be present in the venue where the game is played and shall have no contact with other members of the coaching staff or members of the football team. Further, during the suspension former assistant coach 1 shall not participate in any activities that are defined as “coaching,” including, but not limited to, team travel, recruiting, practice, video review and team meetings; and (H) no later than November 30, 2016, former assistant coach 1’s present employing institution, or any other member institution employing him, shall file a report with the OCOI documenting that it has complied with all sanctions of this show-cause order. The report should also contain details regarding any possible further rules violations committed by former assistant coach 1.

11. Former assistant coach 2 failed to report academic misconduct involving football student-athletes 2 and 3 when he became aware that it had occurred. Further, former assistant coach 2 was aware that student-athlete 3 competed and received travel expenses during the 2014 season while ineligible. His failure to report known violations of NCAA violations to the athletics administration constituted unethical conduct. Therefore, the committee prescribes a two-year show-cause order pursuant to NCAA Bylaw 19.5.2.2 for former assistant coach 2. The show-cause period shall run from March 23, 2016, through March 22, 2018. If former assistant coach 2 becomes employed at a member institution during the term the show cause is in effect, he and the member institution shall contact the OCOI to schedule an appearance before the committee. The purpose of the appearance shall be to consider whether the member institution should be subject to the show-cause provisions of NCAA Bylaw 19.5.2.2, which could limit former assistant coach 2’s athletically related duties at the new member institution for a designated period.

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