The NCAA Committee on Infractions Has Spoken: Saint Francis University
The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Saint Francis University (“SFU”) committed violations of NCAA legislation. After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute violations of NCAA legislation.
The head football coach, the part-time assistant football coach and two other assistant football coaches either personally provided, or arranged for the provision of, impermissible inducements and extra benefits to four football student-athletes and the parent of one of the student-athletes. The four coaches, who often failed to attend departmental rules education sessions, provided or arranged for impermissible transportation, meals, lodging and, on one occasion, purchased an airline ticket for one of the student-athletes. The head coach and one of the assistant coaches also engaged in impermissible recruiting activities. The panel concludes that the coaches provided impermissible benefits and inducements to the student-athletes (and the parent) and that the actions of the head football coach and part-time assistant football coach constituted unethical conduct.
The Committee determined that the case should move forward under a Level II standard and found that SFU committed the following violations of NCAA legislation:
Violations of NCAA Bylaws 13.2.1, 16.9.1, and 16.11.2.1
SFU, the part-time assistant coach, and the NCAA enforcement agreed that from the summer of 2011 through the spring of 2013, the head coach, part-time assistant coach, two additional assistant football coaches, a representative of the institution's athletics interests ("representative") and the representative's family arranged for or provided approximately $1,450 in inducements and extra benefits to four football prospective or current student-athletes ("student-athletes 1, 2, 3 and 4," respectively) and student-athlete 4's mother ("student-athlete 4's mother). The Committee found that the following activities occurred:
A. Prior to the commencement of the 2011-12 academic year and preseason football practice, the head coach arranged for student-athlete 4 and student-athlete 4's mother to stay at the representative's home, which resulted in the representative and his family providing approximately $338 in inducements and extra benefits to student-athlete 4 and student-athlete 4's mother. This included approximately $77 of inducements in the form of one night of lodging ($62), one meal ($11) and transportation from the representative's home to the institution (seven miles) ($4) for student-athlete 4; and approximately $261 in extra benefits to student-athlete 4's mother in the form of three additional nights of lodging ($186), roundtrip transportation from the representative's home to the institution on three occasions (42 miles), transportation from the representative's home to the Pittsburgh airport on one occasion (90 miles) ($73) and two long distance telephone calls ($2).
B. In November 2011, the part-time assistant coach purchased student-athlete 4 a $936 roundtrip airline ticket for student-athlete 4 to fly home during the institution's Thanksgiving break.
C. Prior to the commencement of the 2013 spring semester, an assistant football coach provided student-athletes 1 and 3 transportation from the Pittsburgh airport to the institution (97 miles) ($53).
D. In April 2013, an additional assistant football coach provided student-athletes 1 and 2 transportation from the institution to the Pittsburgh airport (97 miles) ($53) and student-athlete 1 one night of lodging at his residence ($70).
Violations of NCAA Bylaw 10.01.1, 10.1, and 10.1-(c)
SFU, the part-time assistant coach, and the NCAA enforcement staff agreed that during the 2011-12 academic year, the part-time assistant coach violated the principles of ethical conduct when he failed to deport himself in accordance with the generally recognized high standards of honesty and sportsmanship normally associated with the conduct and administration of intercollegiate athletics by providing a $936 roundtrip airline ticket to student-athlete 4 as detailed above which the part-time assistant coach should have known constituted an extra benefit.
Violations of NCAA Bylaws 10.01.1, 10.1, 10.1-(c), 11.1.1.1, and 11.1.2.1
SFU, the part-time assistant coach, and the NCAA enforcement agreed that from the summer of 2011 through the 2012-13 academic year, the head coach acted contrary to the principles of ethical conduct when he failed to deport himself in accordance with the generally recognized high standards of honesty and sportsmanship normally associated with the conduct and administration of intercollegiate athletics and failed to promote an atmosphere of compliance and monitor certain activities of assistant football coaches within the football program. The Committee found that the following activities occurred:
A. The head coach acted contrary to the principles of ethical conduct and failed to promote an atmosphere of compliance when he knowingly arranged for then football prospective student-athlete 4 and student-athlete 4's mother to receive inducements and extra benefits, as detailed above.
B. The head coach failed to (1) promote an atmosphere of compliance when he did not require his entire football coaching staff to participate in NCAA compliance education meetings the institution scheduled on a monthly basis and (2) monitor the activities of three of his assistant coaches who provided impermissible transportation, lodging and roundtrip airfare to football student-athletes, as detailed above.
Violations of NCAA Bylaws 13.1.3.1.2, 13.1.3.1.7, 13.4.1.2, and 13.10.2
SFU, the part-time assistant coach, and the NCAA enforcement agreed that from June 2012 through May 2013, the head coach and an assistant football coach participated in impermissible recruiting activities. The Committee found that these matters resulted in Level III violations and the concluded following activities occurred:
A. Regarding the head coach's impermissible recruiting activities, from June 2012 through May 31, 2013, he sent a total of 13 impermissible text messages and completed 16 impermissible telephone calls to then football prospective student-athletes or their parent.
B. Regarding the assistant football coach's impermissible recruiting activities, on April 3, 2013, the assistant football coach corresponded with a prospective student-athlete for recruiting purposes through Twitter [social media], an electronic public forum.
Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.2 and 19.9.4
Level II violations, representing an institution’s significant breach of conduct, includes one or more violations that provide or are intended to provide more than a minimal but less than a substantial or extensive recruiting, competitive or other advantage or impermissible benefit. Level II violations are more serious than Level III and yet do not rise to the level of Level I. They include systematic violations that do not amount to a lack of institutional control or collective Level III violations.
A. Aggravating factors were as follows: 1) a person of authority participated in the violations (NCAA Bylaw 19.9.3-(h)); and 2) blatant disregard for the NCAA constitution and bylaws (NCAA Bylaw 19.9.3-(m)).
B. Mitigating factors were as follows: 1) an established history of self-reporting Level III or secondary violations (NCAA Bylaw 19.9.4-(d)); and 2) imposition of meaningful corrective measures and/or penalties (NCAA Bylaw 19.9.4-(b)).
As a result of the aforementioned violations, the Committee penalized SFU as follows:
1. Public reprimand and censure.
2. Two years of probation from August 28, 2014 through August 27, 2016.
3. SFU shall pay a financial penalty of $5,000.00 to the NCAA.
4. The football schedule shall be limited to 11 games in 2014 instead of the permitted 12 games.
5. Beginning November 1, 2013, part-time coaches were not permitted to recruit off campus without the approval of the assistant direct of athletics for compliance, senior associate director of athletics/senior woman administrator, and the director of athletics.
6. The head coach received a 2-year show cause penalty. The head coach shall be suspended for two games during the 2014 football season. The suspension shall be for the first two conference games of the season, which the committee understands to be scheduled for October 11 and October 18, 2014. Because there is not a game scheduled for October 4, 2014, the suspension shall commence at 11:59 p.m. on October 5, 2014, and shall expire at 11:59 p.m. on the day of the second conference game. During the suspension, the head coach shall not be present in the venues where the games are played and shall have no contact with other members of the coaching staff or members of the football team. Further, during the suspension, the head coach 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.
7. The part-time assistant coach received a 1-year show cause penalty. The part-time assistant coach shall be suspended for one game during the 2014 football season. The suspension shall be for the first conference game. The suspension shall commence at 11:59 p.m. on October 5, 2014, and shall expire at 11:59 p.m. on the day of the first conference game. During the suspension, the part-time assistant coach shall not be present in the venues where the games are played and shall have no contact with other members of the coaching staff or members of the football team. Further, during the suspension, the part-time assistant coach 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.