The NCAA Committee on Infractions Has Spoken: U.S. Air Force Academy

The NCAA Committee on Infractions (“Committee” or“ COI or “panel”) recently issued its findings and found that the U.S. Air Force Academy (“Air Force” or “institution”) committed violations of NCAA legislation. Air Force, then head golf coach, head ice hockey coach, assistant ice hockey coach 1, assistant ice hockey coach 2, and the NCAA enforcement staff agreed with the violations and penalties set forth below. The parties also agreed this case should be resolved as Level I – Mitigated for the institution, Level I – Aggravated for then head golf coach, Level II – Standard for assistant ice hockey coach 1 and assistant ice hockey coach 2 and Level II – Mitigated for head ice hockey coach. This matter was resolved through the NCAA's negotiated resolution process.

Violations of NCAA Division I Manual Bylaws 10.01.1, 10.3 and 10.4 (2020-21) (Level I)

The institution, then head golf coach and NCAA enforcement staff agreed that from September 29 through December 10, 2020, then head golf coach violated the NCAA principles of honesty and sportsmanship when he knowingly participated in sports wagering activities. Specifically, then head golf coach placed a total of 253 wagers totaling $9,259 on professional and intercollegiate sports competitions, including six wagers on games involving the institution's football team.

Violations of NCAA Division I Manual Bylaws 11.1.1.1.1 (2020-21) (Level I)

The institution, then head golf coach and NCAA enforcement staff agreed that from September 29 through December 10, 2020, then head golf coach is presumed responsible for the violations detailed above and did not rebut the presumption of responsibility. Specifically, then head golf coach did not demonstrate that he promoted an atmosphere for compliance due to his personal involvement in the violations.

Violations of NCAA Division I Manual Bylaws 13.1.1.3 (2022-23) (Level II)

The institution, assistant ice hockey coach 1, assistant ice hockey coach 2 and NCAA enforcement staff agreed that from December 23, 2022, through March 3, 2023, assistant ice hockey coach 1 and assistant ice hockey coach 2 had approximately 18 impermissible recruiting contacts with student-athlete 1 and student-athlete 1's father. Specifically, assistant ice hockey coach 1 and assistant ice hockey coach 2 exchanged multiple phone calls, text messages and emails with student-athlete 1 and student-athlete 1's father about the institution's admissions process and men's ice hockey program prior to student-athlete 1 entering the transfer portal.

Violations of NCAA Division I Manual Bylaws 11.1.1.1 (2022-23) (Level II)

The institution, head ice hockey coach and NCAA enforcement staff agreed that from January 12 through March 3, 2023, head ice hockey coach is responsible for the violations detailed above.

Aggravating and Mitigating Factors

Institution Aggravating Factors

Multiple Level I and/or multiple Level II violations of which the institution is responsible. NCAA Bylaw 19.12.3.1-(a).

Persons of authority condoned, participated in or negligently disregarded the violation orrelated wrongful conduct. NCAA Bylaw 19.12.3.1-(e).

Institution Mitigating Factors

Prompt self-disclosure of the violation(s). NCAA Bylaw 19.12.4.1-(a).

Prompt acknowledgement and acceptance of responsibility for the violations. NCAABylaw 19.12.4.1-(b).

Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.12.4.1- (d).

An established history of self-reporting Level III violations. NCAA Bylaw 19.12.4.1- (e).

Then Golf Coach Aggravating Factors

Multiple Level I and/or multiple Level II violations of which the institution is responsible. NCAA Bylaw 19.12.3.1-(a).

Violations were premeditated, deliberate or committed after substantial planning. NCAA Bylaw 19.12.3.2-(c).

Persons of authority condoned, participated in or negligently disregarded the violation orrelated wrongful conduct. NCAA Bylaw 19.12.3.2-(d).

Conduct intended to generate pecuniary gain for the individual. NCAA Bylaw 19.12.3.2-(h).

Intentional, willful or blatant disregard for NCAA bylaws by a person with institutionallyderived authority. NCAA Bylaw 19.12.3.1-(i).

Then Golf Coach Mitigating Factors

Prompt acknowledgement and acceptance of responsibility for the violations. NCAA Bylaw 19.12.4.2-(b).

Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.12.4.2-(c).

The absence of prior conclusions of Level I, Level II or major violations committed by theinvolved individual. NCAA Bylaw 19.12.4.2-(e).

Assistant Ice Hockey Coach 1 Aggravating Factors

Persons of authority condoned, participated in or negligently disregarded the violation orrelated wrongful conduct. NCAA Bylaw 19.12.3.2-(d).

Assistant Ice Hockey Coach 1 Mitigating Factors

Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.12.4.2-(c).

The absence of prior conclusions of Level I, Level II or major violations committed by theinvolved individual. NCAA Bylaw 19.12.4.2-(e).

Assistant Ice Hockey Coach 2 Aggravating Factors

Persons of authority condoned, participated in or negligently disregarded the violation orrelated wrongful conduct. NCAA Bylaw 19.12.3.2-(d).

Assistant Ice Hockey Coach 2 Mitigating Factors

Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.12.4.2-(c).

The absence of prior conclusions of Level I, Level II or major violations committed by theinvolved individual. NCAA Bylaw 19.12.4.2-(e).

Head Ice Hockey Coach Aggravating Factors

None.

Head Ice Hockey Coach Mitigating Factors

Affirmative steps to expedite final resolution of the matter. NCAA Bylaw 19.12.4.2-(c).

The absence of prior conclusions of Level I, Level II or major violations committed by theinvolved individual. NCAA Bylaw 19.12.4.2-(e).

Others Issues

Repeat Violator Status

On September 12, 2022, a hearing panel of the NCAA Division I Committee on Infractions approved a negotiated resolution involving the institution, which detailed the football program's involvement in Level I recruiting violations. Therefore, the mitigating factor "absence of prior conclusions of Level I, Level II or major violations committed by the institution within the past 10 years" [NCAA Bylaw 19.12.4.1-(h)] does not apply, and the institution is considered a repeat violator pursuant to Bylaw 19.12.5.

The institution and NCAA enforcement staff considered the application of Bylaw 19.12.5 when assigning meaningful penalties as a result of the institution's second Level I or II case in less than a year. Accordingly, the institution and NCAA enforcement staff departed upward per Bylaw 19.12.5.2 when determining the appropriate cell of Figure 19-1 for the institution's probation penalty.

Although the parties agreed to a probation penalty that overlaps with the cell for Level I – Standard violations, several factors illustrate why the parties did not depart upward for other penalties. First, neither the previous nor the current case included a failure to monitor or a lack of institutional control allegation. In both cases, the institution demonstrated that it had monitoring and compliance mechanisms in place to detect violations in a timely manner, in fact, it was these very systems that detected the violations in the football program (in the previous case) and men's ice hockey program (in this case) shortly after they began. Once the sports wagering violations in this resolution were discovered, the institution's established relationship with the Colorado Division of Gaming and the Rocky Mountain Sports Wagering Working Group enabled the institution to take swift action with the authorities and assist the enforcement staff in gathering key information to expedite fact gathering. In all instances, the institution reported the violations immediately, worked diligently and collaboratively with the enforcement staff and took affirmative steps to ensure all matters were thoroughly investigated and resolved.

Second, then head golf coach engaged in sports wagering activities in a manner designed to conceal the violations and did not seek information from or otherwise involve any other individuals from the institution, including coaches or student-athletes. Additionally, he committed the sports wagering violations before the institution was placed on probation in September 2022. Further, the proposed penalties for then head golf coach are impactful and at the upper end of the core penalties identified in Figure 19-1.

Third, the sports wagering violations did not provide a recruiting, competitive or any other advantage to the men's golf program or institution.

Fourth, the violations involving the men's ice hockey program involved the recruitment of only one four-year prospective student-athlete, and the substance of the impermissible communications primarily concerned the institution's complex and unique application process as a service academy. Additionally, the proposed penalties for the men's ice hockey program and those involved individuals (two assistant ice hockey coaches) directly responsible for the violations are meaningful and within the core penalty range in Figure 19-1.

Head Ice Hockey Coach Head Coach Responsibility

The parties considered the appropriate penalties for head ice hockey coach, who did not commit or know of the underlying violations involving impermissible contact with student-athlete 1. Because head ice hockey coach was not exposed to the impermissible communications and otherwise promoted an atmosphere of compliance and monitored his staff, the parties agreed that a head coach restriction penalty was not appropriate; however, head ice hockey coach, who is currently employed at the institution, will be subject to the institutional recruiting restrictions outlined below and will coach the first six contests of the 2023-24 season with one of his assistant coaches suspended. Further, head ice hockey coach attended the 2023 Regional Rules Seminar in Indianapolis in May and will educate other head coaches at the institution regarding tampering and the infractions process during the 2023-24 academic year.

Penalties

1. Probation: Three years of probation, to run consecutively to the probation in Case No. 01259. This will extend the probation period through September 11, 2027.

2. Financial penalty: The institution shall pay a fine of $5,000 to the NCAA.

3. The institution shall prohibit all recruiting communications in men's ice hockey for two weeks between January 1 and 14, 2024.

4. Show-cause order: Then head golf coach violated the NCAA principles of honesty and sportsmanship when he knowingly participated in sports wagering activities. Therefore, then head golf coach shall be subject to a five-year show-cause order from September 28, 2023, through September 27, 2028. In accordance with Bylaw 19.12.6.4 and Committee on Infractions Internal Operating Procedure (IOP) 5-15-5, any employing member institution shall restrict then head golf coach from all athletically related activity during the show-cause period. If then head golf coach becomes employed by a member institution in an athletically related position during the five-year show-cause period, the employing institution shall abide by the terms of the show-cause order unless it contacts the Office of the Committees on Infractions (OCOI) to make arrangements to show cause why the terms of the order should not apply.

5. Head coach restriction: Then head golf coach violated head coach responsibility legislation when he knowingly participated in sports wagering activities. Bylaw 19.12.6.5 and the Figure 19-1 penalty guidelines contemplate head coach suspensions to address head coach responsibility violations. Therefore, should then head golf coach become employed in an athletically related position at an NCAA member institution following the five-year show-cause period, then head golf coach shall be suspended from 50% of the men's golf regular season dates of competition in the first season following the show-cause order. This percentage corresponds with the first 12 regular season dates of competition. The provisions of this suspension require that head golf coach not be present in the facility where the contests are played and have no contact or communication with the men's golf coaching staff members or student-athletes during the 12 dates-of-competition-suspension period.

6. Show-cause order: Assistant ice hockey coach 1 engaged in impermissible recruiting contact with a four-year prospective student-athlete before he entered the transfer portal. Therefore, assistant ice hockey coach 1 shall be subject to a one-year show-cause order from September 28, 2023, through September 27, 2024. In accordance with Bylaw 19.12.6.4 and Committee on Infractions IOP 5-15-5, any employing member institution shall restrict assistant ice hockey coach 1 from three contests during its first three series of the 2023-24 season. The provisions of this suspension require that assistant ice hockey coach 1 not be present in the facility where the contests are played and have no contact or communication with men's ice hockey coaching staff members or student-athletes during the three contest-suspension period. The prohibition includes all coaching activities for the period of time that begins at 12:01 a.m. on the day of the contest and ends at 11:59 p.m. that day. During that period, assistant ice hockey coach 1 may not participate in any coaching activities, including, but not limited to, team travel, practice, video study, recruiting and team meetings. Additionally, any employing member institution shall prohibit assistant ice hockey coach 1 from all recruiting communications for two weeks between January 1 and 14, 2024. Air Force or any member institution that employs assistant ice hockey coach 1 in an athletically related position during the one-year show-cause period, shall abide by the terms of the show-cause order unless it contacts the OCOI to make arrangements to show cause why the terms of the order should not apply.

7. Show-cause order: Assistant ice hockey coach 2 engaged in impermissible recruiting contact with a four-year prospective student-athlete before he entered the transfer portal. Therefore, assistant ice hockey coach 2 shall be subject to a one-year show-cause order from September 28, 2023, through September 27, 2024. In accordance with Bylaw 19.12.6.4 and Committee on Infractions IOP 5-15-5, any employing member institution shall restrict assistant ice hockey coach 2 from three contests during its first three series of the 2023-24 season. The provisions of this suspension require that assistant ice hockey coach 2 not be present in the facility where the contests are played and have no contact or communication with men's ice hockey coaching staff members or student-athletes during the three contest-suspension period. The prohibition includes all coaching activities for the period of time that begins at 12:01 a.m. on the day of the contest and ends at 11:59 p.m. that day. During that period, assistant ice hockey coach 2 may not participate in any coaching activities, including, but not limited to, team travel, practice, video study, recruiting and team meetings. Additionally, any employing member institution shall prohibit assistant ice hockey coach 2 from all recruiting communications for two weeks between January 1 and 14, 2024.Air Force or any member institution that employs the assistant ice hockey coach 2 in an athletically related position during the one-year show-cause period, shall abide by the terms of the show-cause order unless it contacts the OCOI to make arrangements to show cause why the terms of the order should not apply.

8. Public reprimand and censure through the release of the negotiated resolution agreement.

If you have any questions, contact Christian Dennie at cdennie@denniefirm.com.