THE NCAA COMMITTEE ON INFRACTIONS HAS SPOKEN: MORGAN STATE UNIVERSITY

The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Morgan State University (“Institution” or “MSU”) committed violations of NCAA legislation. 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 additional penalties to MSU, which agreed to some of them but contested all or parts of three (3) others. COI held an expedited penalty hearing regarding those issues and determined that, as modified, they are appropriate. MSU has an opportunity to appeal those three penalties.

This case involves systematic failures in MSU’s certification and financial aid processes, resulting in a lack of institutional control. For four (4) years, MSU violated NCAA eligibility and financial aid legislation. MSU improperly certified as eligible for practice and/or competition 94 student-athletes on 129 instances in 10 sports. MSU then allowed all 94 to compete and impermissibly receive related expenses. Over the same period, MSU improperly awarded financial aid to student-athletes in nine (9) sports. The violations were caused in part by a lack of rules education on campus, lack of athletics department resources and frequent staff turnover, which contributed to the lack of institutional control and failure to monitor. The improper certifications are Level I violations, while the impermissible financial aid awards are Level II violations. Lack of institutional control is a Level I violation.

The Committee concluded that MSU committed the following violations:

Violations of NCAA Division I Manual Bylaws 14.2.1, 14.2.1.1, 14.4.3.1.7-(b), 14.4.3.1.8, 14.11.1 and 16.8.1.2 (2012-13); 14.3.2.1.1, 14.3.4 and 14.4.3.3 (2012-13 and 2013-14); 12.1.1.1.3, 14.4.3.1-(a), 14.4.3.1, 14.4.3.2 and 14.4.3.1.6 (2012-13 through 2014-15); 14.10.1 (2013-14); 14.4.3.1.7 and 16.8.1 (2013-14 through 2015-16); and 3.2.4.6, 3.2.4.7, 12.11.1, 12.7.2.1, 12.7.3.1, 14.01.1, 14.2.1, 14.2.2 and 14.3.5.1 (2015-16) (Level I)

The NCAA enforcement staff and MSU agreed that beginning in the 2012-13 academic year and continuing through 2015-16 academic year, MSU improperly certified as eligible for practice and/or competition 94 student-athletes on 129 instances in 10 sports. As a result, 94 student-athletes competed and received actual and necessary expenses while ineligible or not certified. Additionally, MSU failed to withhold 83 student-athletes from competition during subsequent academic years before their eligibility was reinstated.

During the fall of 2015, three (3) student-athletes practiced and competed prior to signing the student-athlete statement, and four (4) student-athletes practiced and competed prior to signing the drug testing form. NCAA Bylaws 3.2.4.6, 3.2.4.7, 12.7.2.1 and 12.7.3.1 (2015-16).

Beginning in the 2012-13 academic year and continuing through the 2013-14 academic year, two (2) football student-athletes practiced and competed prior to having their amateurism certified. NCAA Bylaw 12.1.1.1.3 (2012-13 through 2013-14).

During the fall of 2012, one (1) football student-athlete competed in two (2) contests after he exhausted all of his seasons of competition. NCAA Bylaws 14.2.1 and 14.2.1.1 (2012-13).

During the fall of 2012 and fall of 2013, one (1) football student-athlete practiced, competed, and received athletics financial aid as a non-qualifier. During the fall of 2013, one (1) football student-athlete practiced and competed as a non-qualifier. Additionally, MSU failed to withhold two student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.3.2.1.1 and 14.3.4 (2012-13 and 2013-14); 14.11.1 (2012-13); and 14.10.1 (2013-14).

During the fall of 2015, eight (8) student-athletes practiced and competed beyond the 45-day period prior to their qualification status being certified. NCAA Bylaws 14.01.1 and 14.3.5.1 (2015-16).

During the 2015-16 academic year, two (2) student-athletes practiced and three (3) practiced and completed while enrolled less than full time at MSU and did not qualify for an exception to normal full-time enrollment requirements. NCAA Bylaw 12.11.1, 14.2.1 and 14.2.2 (2015-16).

Beginning in the 2012-13 academic year and continuing through the 2014-15 academic year: (1) Eight (8) student-athletes competed without satisfactory completion of at least 24 semester hours of academic credit prior to the start of their second year of collegiate enrollment. Additionally, the institution failed to withhold three student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.1-(a) (2012-13 through 2014-15); 14.11.1 and 14.4.3.1.8 (2012-13); 14.10.1 (2013-14); and 12.11.1 and 14.4.3.1.7 (2014-15 through 15-16); (2) Twenty-one (21) student-athletes on 26 different occurrences competed without satisfactory completion of at least 18 semester hours of academic credit during the certifying institution’s preceding regular two semesters. Additionally, the institution failed to withhold 21 student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.1-(b) (2012-13 through 2014-15); 14.11.1 and 14.4.3.1.8 (2012-13); 14.10.1 and 14.4.3.1.7 (2013-14); and 12.11.1 and 14.4.3.1.7 (2014-15); and (3) Eleven student-athletes on 15 different occurrences competed without satisfactory completion of at least six (6) semester hours of academic credit during the preceding regular term. Additionally, the institution failed to withhold 11 student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.1-(c) (2012-13 through 2014-15); 14.11.1 and 14.4.3.1.8 (2012-13); 14.10.1 and 14.4.3.1.7 (2013-14); and 12.11.1 and 14.4.3.1.7 (2014-15).

Beginning in the 2012-13 academic year and continuing through the 2014-15 academic year, six (6) football student-athletes competed without satisfactory completion of at least nine semester hours during the previous fall term. Additionally, MSU failed to withhold six (6) student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.1.6 (2012-13 through 2014-15); 14.11.1 (2012-13); 14.10.1 (2013-14); and 12.11.1 (2014-15).

In the 2012 fall semester one football student-athlete, and during the 2012-13 academic year, one (1) men’s basketball student-athlete, competed without having designated a program of studies leading toward a specific baccalaureate degree program at the beginning of their fifth semester of enrollment. NCAA Bylaws 14.4.3.1.7-(b) and 14.11.1 (2012-13).

Beginning in the 2012-13 academic year and continuing through the 2015-16 academic year, 66 student-athletes on 86 different occurrences competed without successfully completing their required percentage-of-degree requirements. Additionally, MSU failed to withhold 57 student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.2 (2012-13 through 2014-15); 14.11.1 (2012-13); 14.10.1 (2013-14); and 12.11.1 (2014-15 and 2015-16).

In the 2012 fall semester, five (5) student-athletes on five (5) different occurrences, and in the 2013 fall semester four (4) student-athletes on four (4) different occurrences, failed to fulfill minimum GPA requirements. Additionally, MSU failed to withhold five (5) student-athletes from competition during subsequent academic years before their eligibility was reinstated. NCAA Bylaws 14.4.3.3 (2012-13 and 2013-14); 14.11.1 (2012-13); and 14.10.1 (2013-14).

Beginning in the 2012-13 academic year and continuing through the 2015-16 academic year, MSU improperly provided ineligible student-athletes actual and necessary expenses to represent MSU in competition. Specifically, MSU improperly academically certified as eligible for competition 96 student-athletes on 130 occasions in 10 different sports. Of these, 94 student-athletes in 10 different sports received actual and necessary expenses to represent MSU in competition. NCAA Bylaws 16.8.1 (2013-14 through 2014-15) and 16.8.1.2 (2012-13).

Violations of NCAA Division I Manual Bylaw 15.1 (2012-13 through 2014-15); 15.5.6.2 (2014-15); and 15.5.3.1.1, 15.5.3.1.2, 15.5.1, 15.5.5.1 and 15.5.5.2 (2014-15 and 2015-16)] (Level I)

The NCAA enforcement staff and MSU agreed that beginning in the 2012-13 academic year and continuing through the 2015-16 academic year, MSU improperly awarded financial aid in nine (9) sports. In most instances, MSU improperly awarded a book scholarship that counted toward both individual and team limits. In other instances, MSU’s financial aid department improperly awarded other financial aid over individual grant-in-aid limits.

During the 2012-13 academic year, MSU provided financial aid in excess of full grant-in-aid to 20 student-athletes in three different sports totaling approximately $11,429.00. Six (6) of the 20 student-athletes also exceeded maximum amount of cost of attendance limits. NCAA Bylaw 15.1 (2012-13).

During the 2013-14 academic year, MSU provided financial aid in excess of full grant-in-aid to 19 student-athletes in three (3) different sports totaling approximately $14,801.00. One (1) of the 19 student-athletes also exceeded maximum amount of cost of attendance limits. NCAA Bylaw 15.1 (2013-14).

During the 2014-15 academic year, MSU provided financial aid in excess of full grant-in-aid to 39 student-athletes in nine different sports totaling approximately $23,182.00. Two (2) of the 39 student-athletes also exceeded maximum amount of cost of attendance limits. NCAA Bylaw 15.1 (2014-15).

During the 2014-15 academic year, MSU exceeded the annual equivalency limit in men’s track by 1.05 scholarships, exceeded the annual limit on the total number of counters in championship subdivision football by four, exceeded the annual limit on the total number of counters in women’s basketball by two, and exceeded the annual limit on the total number of counters in men’s basketball by one. NCAA Bylaw 15.5.3.1, 15.5.1, 15.5.5.1, 15.5.5.2, 15.5.3.1.1 and 15.5.6.2 (2014-15).

During the 2015-16 academic year, MSU exceeded the annual equivalency limit in men’s track by 0.49 scholarships and exceeded the annual equivalency limit in women’s bowling by 0.73. NCAA Bylaw 15.5.3.1.1 and 15.5.3.1.2 (2015-16).

Violations of NCAA Division I Manual Constitution 2.1.1, 2.8.1 and 6.01.1 (2012-13 through 2015-16) (Level I)

The scope and nature of the violations set forth above demonstrated that MSU failed to exercise institutional control and to monitor the conduct and administration of its athletics program. Specifically, MSU failed to adequately monitor and control the athletics eligibility certification process; failed to properly apply academic certification legislation; failed to sufficiently involve institutional staff members from departments outside of athletics in the certification process; failed to withhold ineligible student-athletes from team travel and competition; and failed to promptly detect and report violations to the NCAA. Further, MSU failed to properly monitor an athletics department book scholarship and grant-in-aid limits causing overages in the area of financial aid.

Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4

Aggravating Factors for MSU

Lack of institutional control. NCAA Bylaw 19.9.3-(c).

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

Mitigating Factors for MSU

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

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

1. Public reprimand and censure.

2. Four (4) years of probation from December 19, 2017, through December 18, 2021.

3. MSU shall pay a $5,000 fine plus one percent of each of the 2017-18 budgets of the football, softball and women’s tennis programs.

4. During the 2017-18 academic year, the softball and women’s tennis teams shall end their seasons with playing of their last regularly-scheduled in-season contest and shall not be eligible to participate in any post-season championships, including conference tournaments, NCAA championships, foreign tours or any exceptions to the limitation on the numbers of contests that are provided in Bylaw 17. During the 2018-19 academic year, the football team shall end its season with the playing of its last regularly scheduled in-season contest and shall not be eligible to participate in any post-season championships, including conference tournaments, NCAA championships, foreign tours or any exceptions to the limitations on the number of contests that are provided in Bylaw 17.

5. During the 2018-19 academic year, MSU shall reduce by five percent the amount of grants-in-aid awarded in the 10 sports in which the violations occurred. The reductions shall be based on the average amount of aid awarded in each sport over the past four academic years (the institution has reported its intent to impose the following reductions: six football counters in 2016-17; one men’s basketball counter in 2017-18; two women’s basketball counters in 2016-17 and 2017-18; 1.65 men’s track equivalencies in 2016-17 and 2017-18; and .73 women’s bowling equivalencies in 2018-19).

6. During the 2017-18 academic year, MSU shall restrict recruiting opportunities in the 10 sports in which the violations occurred as follows: (a) a seven-week ban on unofficial visits to campus, including no complimentary tickets; (b) a 12.5 percent reduction in official paid visits to campus, based on the average number provided during the previous four academic years (The institution reduced official paid visits to a maximum of 15 for the men’s and women’s basketball programs for the 2017-18 and 2018-19 academic years. The football program is limited to 30 total official paid visits for the 2017-18 and 2018-19 academic years); (c) A seven-week ban on recruiting communications with prospective student-athletes; and (d) A seven-week ban in off-campus recruiting (The institution imposed a fall 2017 semester off-campus recruiting ban for the sports of men’s basketball, women’s basketball, softball, men’s and women’s tennis, bowling and men’s and women’s track and cross country. Regarding football, the institution limited the program to 21 evaluation days during the month of November only).

7. Over four academic years, MSU allowed 94 student-athletes in 10 sports to compete while ineligible or not properly certified as eligible. Over the same period, MSU improperly awarded financial aid in nine sports. MSU lacked control of the conduct and administration of its athletics program. Therefore, pursuant to Bylaws 19.9.7-(g) and 31.2.2.3, and COI IOP 4-15-4, MSUshall vacate all contests in which student-athletes competed while ineligible.

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