The NCAA Committee on Infractions Has Spoken: San Jose State University
The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that San Jose State University (“SJSU” or “Institution”) committed violations of NCAA legislation. This case involves impermissible countable athletically related activities (CARA) in the baseball program at SJSU. This as the Institution's second case involving CARA violations in two years. The Panel 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”). The Panel proposed further penalties to the Institution and now-former head baseball coach. Because they agreed to the violations and penalties, there is no opportunity to appeal.
The parties agreed that the SJSU baseball program engaged in excessive CARA during the 2016-17 and 2017-18 academic years. In part because the head coach included otherwise-voluntary activities on daily practice plans, and coaches were present for the activities, baseball student-athletes engaged in as many as 15 hours and 30 minutes per week of CARA during 13 and one-half weeks of the nonchampionship out-of-season segment over the two academic years. This exceeded the eight hours allowed per week. Over the same two years and during 13 weeks of the nonchampionship in-season segment, the student-athletes engaged in approximately 22 CARA hours per week, exceeding the allowable amount of 20 hours weekly. The head coach claimed a misunderstanding of what constituted "voluntary" activities. The violations demonstrated a failure to promote an atmosphere of compliance by the head coach, who directed and supervised the CARA activities. The CARA violations are Level II, as is the head coach's responsibility for the violations.
The Committee concluded that SJSU committed the following violations:
Violations of NCAA Division I Manual Bylaws 17.1.7.1, 17.1.7.2-(a) and 17.1.7.3.4 (2016-17 and 2017-18) (Level II)
The Institution, head coach and NCAA enforcement staff agree that during approximately six and one-half months of the 2016-17 and 2017-18 academic years, the head coach or his coaching staff directed or supervised baseball student-athletes' participation in CARA that exceeded NCAA legislated time limits. Additionally, the head coach failed to ensure the accurate recording of student-athletes' countable hours in weekly reports to the compliance staff.
During 13 and one-half weeks of the nonchampionship out-of-season segment of the 2016-17 (10 weeks) and 2017-18 (three and one-half weeks) academic years, the head coach or his coaching staff directed or supervised baseball student-athletes' participation in approximately 15 hours and 30 minutes of CARA per week, exceeding the maximum of 8 hours per week. NCAA Bylaw 17.1.7.2-(a) (2016-17 and 2017-18).
During 13 weeks of the nonchampionship in-season segment of the 2016-17 (six and one-half weeks) and 2017-18 (six and one-half weeks) academic years, the head coach or his coaching staff directed or supervised baseball student-athletes' participation in approximately 22 hours of CARA per week, exceeding the maximum of 20 hours per week. NCAA Bylaw 17.1.7.1 (2016-17 and 2017-18).
Over the six and one-half months, the baseball coaching staff planned, and at times observed, baseball student-athletes' participation in voluntary sessions. As a result, those voluntary sessions became countable and resulted in most of the overages described above. Additionally, the baseball coaching staff failed to record those hours in weekly CARA logs. NCAA Bylaw 17.1.7.3.4 (2016-17 and 2017-18).
Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2016-17 and 2017-18) (Level II)
The Institution, head coach and NCAA enforcement staff agree that during the 2016-17 and 2017-18 academic years, the head coach is presumed responsible for the violations outlined above and did not rebut the presumption of responsibility. Specifically, the head coach did not demonstrate that he promoted an atmosphere of compliance within the baseball program when he directed and supervised student-athletes' participation in CARA that exceeded NCAA legislated time limits. In addition, he routinely submitted inaccurate CARA reports to the compliance staff that did not reflect actual time spent in CARA.
Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4
Aggravating Factors for the Institution
(a) A history of Level I, Level II or major violations. NCAA Bylaw 19.9.3-(b).
(b) Multiple Level I and II violations by the institution. NCAA Bylaws 19.9.3-(a) and 19.9.3-(g).
(c) 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 Institution
(a) Prompt self-detection and self-disclosure of the violation(s). NCAA Bylaw 19.9.4-(a).
(b) Prompt acknowledgment of the violation, acceptance of responsibility, and imposition of meaningful corrective measures. NCAA Bylaw 19.9.4-(b).
(c) Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.9.4-(c).
(d) An established history of self-reporting Level III or secondary violations. NCAA Bylaw 19.9.4-(d).
Aggravating Factors for the Head Coach
(a) Multiple Level II violations. NCAA Bylaw 19.9.3-(b).
(b) 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
(a) The absence of prior Level I, II or major violations. NCAA Bylaw 19.9.4-(h).
As a result of the foregoing, the Committee penalized SJSU as follows:
1. Public reprimand and censure.
2. Two years of probation from September 6, 2018 through September 5, 2020.
3. The Institution shall pay a fine of $5,000.
4. The head coach received a one-year show-cause order pursuant to Bylaw 19.9.5.5 that runs from September 6, 2018, through September 5, 2019.
5. During the out-of-season segment of fall 2017 and January 2018, the baseball program reduced the number of weekly CARA hours to a maximum of six hours per week, with no more than one hour of skill instruction per week permitted.
6. During the fall 2018 out-of-season segment, the baseball program will not engage in any CARA for three weeks. Additionally, all baseball student-athletes shall record their voluntary hours of athletic activity and the compliance office shall confirm the accuracy of the information.
7. During the spring 2018 and spring 2019 in-season segments, the baseball program will reduce weekly CARA hours to a maximum of 17 hours per week. Additionally, during both segments, all baseball student-athletes shall individually record their voluntary hours of athletic activity and the compliance office shall confirm the accuracy of the information.
