The NCAA Committee on Infractions Has Spoken: Lamar University
The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Lamar University (“Lamar” or “Institution”) committed violations of NCAA legislation. The Panel considered this case through the cooperative summary disposition process in which all parties agree to the primary facts, violations and violation levels as fully set forth in the summary disposition report (“SDR”). Because the Institution agreed to the violations and penalties, there is no opportunity to appeal.
The agreed-upon violations centered on impermissible financial aid and benefits in the men's golf program and stemmed from activities of the then head men's golf coach. Specifically, the then head men's golf coach provided or arranged for approximately $15,500.00 worth of impermissible benefits to three student-athletes. The money went towards the student-athletes' financial aid costs. The then head men's golf coach also reduced two student-athletes' financial aid awards without notice and without an opportunity for a hearing. The parties agreed the violations are Level I and the Panel concurred.
The Committee found that Lamar committed the following violations of NCAA legislation:
Violations of NCAA Division I Manual Bylaws 10.1, 10.1-c, 11.1.1.1, 15.01.2, 15.01.3, 15.3.2.3, 15.3.4.2.1 and 15.3.4.3.2 (2014-15); 11.1.2.1 and 15.5.3.1.1 (2012-13); and 16.11.2.1 (2012-13 and 2014-15)
During the 2012-13 and 2014-15 academic years, the former head coach violated NCAA legislation involving ethical conduct, head coach responsibility and financial aid when he knowingly provided, or arranged to provide, impermissible benefits to at least three student-athletes in the form of cash for books, rent and tuition expenses.
The former head coach also took financial aid money from two men's golf student-athletes (student-athletes 1 and 2, respectively) to provide impermissible benefits to a third men's golf student-athlete (student-athlete 3). During the 2014-15 academic year, the former head coach's actions caused the men's golf team to exceed the maximum equivalency limit of 4.5 by .39.
The total value of the impermissible benefits to men's golf student-athletes 1 and 3 and another men's golf student-athlete (student-athlete 4) was approximately $15,500.00, while the total value of the financial aid money the former head coach took from student-athletes 1 and 2 was approximately $5,600.00.
In January 2013, the former head coach knowingly provided student-athlete 4, who reasonably believed he was on a textbook scholarship, with $600.00 in cash when student-athlete 4 was unable to obtain his required textbooks for the spring semester from the school bookstore. NCAA Bylaws 10.1, 10.1-c, 15.01.2, 15.01.3 and 16.11.2.1 (2012-13).
During the 2012 fall semester, the former head coach knowingly provided student-athlete 1 with $2,700.00 in cash so student-athlete 1, who reasonably believed the money was part of his grant-in-aid, could cover the cost of his off-campus apartment rent for nine months. NCAA Bylaws 10.1, 10.1-c, 15.01.2, 15.01.3 and 16.11.2.1 (2012-13).
During the 2014-15 academic year, the former head coach knowingly took financial aid from student-athlete 1's and student-athlete 2's athletics grants-in-aid during the period of their awards. The amount of the reduction was approximately $5,600.00. Additionally, student-athletes 1 and 2 were not provided notice that their financial aid would be reduced or an opportunity for a hearing. NCAA Bylaws 10.1, 15.3.2.3, 15.3.4.2.1 and 15.3.4.3.2 (2014-15).
During the 2014-15 academic year, the former head coach knowingly arranged to provide, or provided, student-athlete 3 with approximately $12,200.00 in impermissible benefits to cover costs for student-athlete 3's tuition and textbooks. NCAA Bylaws 10.1, 10.1-c, 15.01.2, 15.01.3, 15.5.3.1.1 and 16.11.2.1 (2014-15).
Violations of NCAA Division I Manual Bylaws 10.01, 10.1-(a) and 19.2.3 (2014-15)
The former head coach violated the principles of ethical conduct legislation and his duty to cooperate when he failed to furnish information relevant to an NCAA investigation when requested to do so by the NCAA enforcement staff and the Institution on multiple occasions.
Violations of NCAA Division I Manual Bylaw 10.01, 10.1, 10.1-(a) and 19.2.3 (2014-15)
The former assistant coach violated the principles of ethical conduct legislation and his duty to cooperate when he failed to furnish information relevant to an NCAA violation when requested to do so by the NCAA enforcement staff on multiple occasions.
Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4
Aggravating Factors for the Institution
19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct.
19.9.3-(i): One or more violations caused significant ineligibility or other substantial harm to a student-athlete or prospective student-athlete.
19.9.3-(m): Intentional, willful or blatant disregard for the NCAA constitution and bylaws.
Aggravating Factors for the Former Head Coach
19.9.3-(d): Obstructing an investigation or attempting to conceal the violation.
19.9.3-(e): Unethical conduct, compromising the integrity of an investigation, failing to cooperate during an investigation or refusing to provide all relevant or requested information.
19.9.3-(h): Persons of authority condoned, participated in or negligently disregarded the violation or related wrongful conduct.
19.9.3-(i): One or more violations caused significant ineligibility or other substantial harm to a student-athlete or prospective student-athlete.
19.9.3-(m): Intentional, willful or blatant disregard for the NCAA constitution and bylaws.
Aggravating Factors for the Former Assistant Coach
19.9.3-(e): Unethical conduct, compromising the integrity of an investigation, failing to cooperate during an investigation or refusing to provide all relevant or requested information.
Mitigating Factors for the Institution
19.9.4-(a): Prompt self-detection and self-disclosure of the violations.
19.9.4-(b): Prompt acknowledgment of the violation, acceptance of responsibility and the imposition of meaningful corrective measures and/or penalties.
19.9.4-(e): Implementation of a system of compliance methods designed to ensure rules compliance and satisfaction or institutional/coaches' control standards.
Mitigating Factors for the Former Head Coach
None.
Mitigating Factors for the Former Assistant Coach
None.
As a result of the foregoing, the Committee penalized Lamar as follows:
1. Public reprimand and censure.
2. Two years of probation from September 22, 2016, to September 21, 2018, or completion of the final penalty, whichever is later.
3. The men's golf team shall end its season with the last scheduled regular season match and be banned from postseason competition during 2016-17 academic year.
4. The Institution shall pay a $5,000 fine plus an amount equal to one percent (1%) of the institution's average men's golf budget for the previous three years.
5. The men's golf program shall limit the total number of scholarships for the 2014-15 academic year to 3.5 equivalencies.
6. Recruiting Restrictions: 1) the Institution shall prohibit unofficial visits during a seven-week period and reduce the number of official paid visits by 12.5 percent (12.5%) based on the average number provided during the previous four years in the men's golf program during the 2016-17 academic year; 2) the institution shall prohibit members of the men's golf program from recruiting communications during a seven-week period during the 2016-17 academic year; and 3) the Institution shall prohibit members of the men's golf coaching staff from conducting off-campus evaluations of prospective student-athletes during a seven-week period of the 2016-17 academic year.
7. The former head golf coach received a five year show cause penalty.
8. The former assistant golf coach received a five year show cause penalty.
9. The Institution shall vacate all regular season and conference tournament records and participation in which ineligible student-athletes participated in the above-referenced violations.
