The NCAA Committee on Infractions Has Spoken: University of North Carolina at Greensboro
The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of North Carolina at Greensboro(“UNCG”) committed violations of NCAA legislation. The violations at issue centered on UNCG’s improper certification of student-athletes' initial eligibility. Specifically, from the 2007-08 through 2012-13 academic years, UNCG improperly certified the initial eligibility of 57 student-athletes in 13 sport programs. UNCG permitted those student-athletes to practice, compete, receive athletically related aid and/or receive actual and necessary expenses associated with competition prior to UNCG certifying their initial eligibility status. 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 major violations of NCAA legislation.
The Committee determined that the case should move forward under a Level II standard and found the following violations of NCAA legislation:
Violations of NCAA Division I Manual Constitution 3.2.4.3 and NCAA Division I Manual Bylaws 12.1.1.1.3, 12.1.1.1.3.1, 14.01.1, 14.3.1, 14.11.1 and 16.8.1.2 (2007-08 through 2012-13)
From at least the 2007-08 through 2012-13 academic years, UNCG improperly certified the initial eligibility status of 57 student-athletes in 13 sport programs.
UNCG permitted 50 student-athletes to practice, compete and/or receive actual and necessary travel expenses without meeting amateurism certification requirements. NCAA Constitution 3.2.4.3 and NCAA Bylaws 12.1.1.1.3, 12.1.1.1.3.1 and 16.8.1.2 (2007-08 through 2012-13). Specifically, (1) six student-athletes were permitted to practice beyond the permissible 45-day period without meeting amateurism certification requirements. NCAA Bylaws 12.1.1.1.3 and 12.1.1.1.3.1 (2007-08 through 2012-13); and (2) forty-four student-athletes were permitted to practice and compete without meeting amateurism certification requirements. NCAA Bylaws 12.1.1.1.3, 12.1.1.1.3.1 and 16.8.1.2 (2007-08 through 2012-13).
UNCG permitted 28 student-athletes to practice, compete, receive athletically related aid and/or actual and necessary travel expenses without meeting initial eligibility requirements. NCAA Constitution 3.2.4.3 and NCAA Bylaws 14.01.1, 14.3.1, 14.11.1and 16.8.1.2 (2007-08 through 2012-13). Specifically, (1) three student-athletes were permitted to practice beyond the permissible period of time without meeting initial eligibility requirements. Two of the three student-athletes competed for subsequent academic years without initial eligibility certification and without the institution seeking reinstatement. NCAA Bylaws 14.01.1, 14.3.1 and 14.11.1 (2007-08 through 2012-13); (2) seven student-athletes were permitted to practice and receive athletically related aid without meeting initial eligibility requirements. Six of the seven student-athletes competed for subsequent academic years without or prior to initial eligibility certification and/or without the institution seeking reinstatement. NCAA Bylaws 14.01.1, 14.3.1 and 14.11.1 (2007-08 through 2012-13); (3) seven student-athletes were permitted to practice, compete and receive actual and necessary expenses to represent the institution without meeting initial eligibility requirements. Six of the seven student-athletes competed for subsequent academic years without or prior to initial eligibility certification and/or without the institution seeking reinstatement. NCAA Bylaws 14.01.1, 14.3.1, 14.11.1 and 16.8.1.2 (2007-08 through 2012-13); (4) eleven student-athletes were permitted to practice, compete, receive actual and necessary expenses to represent UNCG and receive athletically related aid without meeting initial eligibility requirements. Seven of the 11 student-athletes competed for subsequent academic years without or prior to initial eligibility certification and/or without the institution seeking reinstatement. NCAA Bylaws 14.01.1, 14.3.1, 14.11.1 and 16.8.1.2 (2007-08 through 2012-13).
Violations of NCAA Division I Manual Constitution 3.2.4.3; and NCAA Division I Manual Bylaws 15.5.10.1 and 30.13 (2007-08 Manual), 15.5.11.1 and 30.13 (2008-09 and 2009-10), and 15.5.11 and 15.5.11.2.1 (2010-11)
From at least the 2007-08 through 2010-11 academic years, UNCG failed in its obligation to properly certify eligibility of its student-athletes when the director of athletics and head coaches did not review or sign the squad list forms and did not keep the squad list forms on file.
Violations of NCAA Constitution 2.8.1
From at least the 2007-08 through 2012-13 academic years, UNCG failed to consistently monitor the initial eligibility certification processes, which resulted in at least 57 ineligible student-athletes practicing, competing and/or receiving actual and necessary travel expenses prior to receiving final amateurism and/or academic certification from the NCAA Eligibility Center. Additionally, it was agreed that from at least the 2007-08 through the 2010-11 academic years, UNCG failed in its obligation to properly certify its student-athletes when it did not review or complete the squad list forms.
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.
UNCG Aggravating Factors were as follows: none.
UNCG Mitigating Factors were as follows: prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties (NCAA Bylaw 19.9.4-(b)) and affirmative steps to expedite final resolution of the matter (NCAA Bylaw 19.9.4-(c)).
As a result of the aforementioned violations, the Committee penalized UNCG as follows:
1. Two years of probation from June 25, 2015 through June 24, 2017.
2. UNCG shall pay a financial penalty of $5,000.00.
3. UNCG shall vacate the individual and team records from events in which the 57 ineligible student-athletes participated after UNCG improperly certified their initial eligibility status from the 2007-08 through 2012-13 academic years.
4. Within the next six months, UNCG’s athletics department shall undergo a comprehensive compliance review by an outside agency with athletics compliance expertise.