THE NCAA COMMITTEE ON INFRACTIONS HAS SPOKEN: PRAIRIE VIEW A&M UNIVERSITY

The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Prairie View A&M University (“Institution” or “PV”) 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 accepted PV’s suggested one-game suspension for the head coach, but included specific conditions for the suspension and additional requirements the head coach must meet. COI proposed additional penalties to PV and the former assistant coach. PV agreed to the proposed penalties, while the former assistant coach and the head coach did not respond. Pursuant to NCAA Bylaw 19.6, the parties may not appeal.

The violations in this case stemmed from the actions of the former assistant coach who took it upon himself to locate and arrange a course a student-athlete needed for eligibility. The student-athlete had failed a class during the fall 2016 semester and needed to pass a three credit-hour course during the intersession between the fall 2016 semester and the spring 2017 semester to remain eligible. Neither the student-athlete nor his family could pay for the course, so the former assistant coach arranged for a friend of his to pay the cost. The former assistant coach knowingly arranged an improper extra benefit. Therefore, his actions constituted unethical conduct. Additionally, although the head coach knew the former assistant coach was assisting the student-athlete with the course, he turned a blind eye to the former assistant coach’s efforts, did not properly oversee this effort and therefore failed his responsibility as a head coach. The benefit violation and resultant financial aid, ineligible competition and unethical conduct violations are Level II, as is the head coach responsibility failure.

The Committee concluded that PV committed the following violations:

Violations of NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(b), 12.11.1, 15.01.1.1, 15.01.2, 15.01.3, 16.8.1 and 16.11.2.1 (2016-17) (Level II)

The NCAA enforcement staff, PV, and the former assistant men’s basketball coach agreed that on December 20, 2016, the former assistant coach violated the NCAA principles of ethical conduct when he knowingly arranged for an individual, who became a representative of PV’s athletics interests, to pay $507.00 for a three credit-hour online course at a local, two-year institution on behalf of a men’s basketball student-athlete. The student-athlete needed to successfully complete the course in order to be academically eligible to compete for the 2017 spring semester. As a result of the impermissible benefit, the student-athlete competed in seven (7) contests and received travel expenses while ineligible between December 20, 2016, and January 16, 2017.

Violations of NCAA Division I Manual Constitution 2.8.1 and Division I Manual Bylaw 11.1.1.1 (2016-17) (Level II)

The NCAA enforcement staff, PV, and the head coach agreed that from December 15, 2016, through April 2017, the head coach is presumed responsible for the impermissible benefit violation detailed above and did not rebut the presumption of responsibility. Specifically, the head coach failed to demonstrate that he promoted an atmosphere of compliance and monitored staff members involved in the eligibility of the student-athlete. As detailed above, the student-athlete needed to enroll and pay for an online course at a two-year institution within a five-day period in an effort to maintain his eligibility. Despite knowing of the former assistant coach’s involvement in assisting the student-athlete with his enrollment, the head coach failed to communicate clear expectations in regard to NCAA rules compliance, ask the former assistant coach pointed questions about how enrollment was accomplished or evaluate red flags regarding the former assistant coach’s involvement. Further, at some point after December 29, 2016, the head coach learned from both the former assistant coach and a third-party that the former assistant coach was involved in arranging for the payment of the student-athlete’s online course. However, the head coach did not report the information to PV’s compliance staff, who were conducting an inquiry.

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

Aggravating Factors for PV

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

Multiple Level II violations. NCAA Bylaw 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 PV

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

Prompt acknowledgement of the violations, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties. NCAA Bylaw 19.9.4-(b).

Aggravating Factors for the Former Assistant Coach

Obstructing an investigation or attempting to conceal the violation. NCAA Bylaw 19.9.3-(d).

Unethical conduct. NCAA Bylaw 19.9.3-(e).

Violation was deliberate. NCAA Bylaw 19.9.3-(f).

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

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

Mitigating Factors for the Former Assistant Coach

The absence of prior Level I, Level or major violations committed by the involved individual. NCAA Bylaw 19.9.4-(h).

Aggravating Factors for the Head Coach

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 the Head Coach

The absence of prior Level I, Level or major violations committed by the involved individual. NCAA Bylaw 19.9.4-(h).

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

1. Public reprimand and censure.

2. A two-year probationary period. November 21, 2017, through November 20, 2019.

3. PV shall pay a $5,000 fine.

4. PV shall limit official visits in men’s basketball to 10 over the next two (2) years.

5. PV shall suspend the head coach from all coaching duties for one contest during the 2017-18 season.

6. PV delayed the start of practice for the men’s basketball team by three days from the official start date for the 2017-18 season.

7. PV acknowledged that the student-athlete at the center of this case participated in seven contests while ineligible between December 20, 2016, and January 16, 2017. Therefore, pursuant to NCAA Bylaws 19.9.7-(g) and 31.2.2.3, PV shall vacate all wins in which the ineligible student-athlete participated.

8. The former assistant coach shall be subject to a two-year show-cause order from November 21, 2017, to November 20, 2019.

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