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New Mexico State placed on three-year probation

The committee found violations involving academic fraud, recruiting, transfer eligibility, unethical conduct and a lack of institutional control.

The committee noted in its report that New Mexico State had directed its recruiting efforts toward junior colleges. Some of the junior college transfers presented special eligibility problems, including the need for additional credits to graduate from their two-year institution. Responsibility for addressing these problems was delegated from the head coach to an assistant coach and in turn to the restricted-earnings coach.

The committee quoted the current president of the institution as describing the fraudulent awarding of academic credit as "the cardinal sin in a university." The committee noted in its report, "There is no more serious violation of NCAA legislation."

The committee commended the university for its "prompt and energetic" response once it was informed by the NCAA enforcement staff about possible academic fraud. The committee praised the university's actions and its self-imposed penalties.

The NCAA Committee on Infractions heard this case April 20, 1996. Representatives of the university, including the head basketball coach, and the NCAA enforcement staff appeared before the committee, as well as the former assistant men's basketball coach and former restricted-earnings coach.

The Committee on Infractions found NCAA rules violations, including:

* A former restricted-earnings coach violated the principles of ethical conduct by his knowing involvement in arranging fraudulent academic credit for four prospective student-athletes transferring from two-year colleges. Some also received improper assistance with course forms, enrollment and arranging proctors.

In the summer of 1992, the former restricted- earnings coach arranged for a prospective student-athlete to receive fraudulent academic credit for correspondence courses from Southeastern College of the Assemblies of God in Lakeland, Florida. The restricted-earnings coach completed the prospect's chapter and final exams.

In the summer of 1993, the restricted-earnings coach proctored and completed the final exams for four correspondence courses, also from Southeastern College, for another prospective student-athlete.

In the summer of 1991, the restricted-earnings coach wrote and typed at least seven English papers for another prospective student-athlete and mailed them to the university offering the correspondence course.

During the summer of 1992, the restricted-earnings coach submitted an English paper on behalf of another prospect that he had written the summer before for the prospect in the last finding.

During the summer and fall of 1993, two other prospective student-athletes also were helped improperly by a member of the men's basketball coaching staff with the final examinations in correspondence courses.

Without the fraudulent academic credit, the six prospective student-athletes would not have graduated from their two-year institutions. They would not have been certified as eligible to participate in intercollegiate athletics. During the 1991-92 through 1994-95 academic years, New Mexico State awarded them athletics scholarships and permitted them to practice and play when they were not eligible.

* There was a lack of institutional control by the university, the head men's basketball coach and an assistant men's basketball coach. The committee noted that the recruitment of a significant number of junior college transfer student-athletes who were apparently going to have difficulty meeting NCAA academic requirements for immediate eligibility should have put the institution and coaches on notice that significant monitoring of their academic efforts and records would be necessary.

* The restricted earnings coach involved in this case violated NCAA standards of ethical conduct.

* In April 1993, two men's basketball prospective student-athletes had impermissible contacts with a booster, who made improper offers of assistance if they chose to attend New Mexico State.

The committee considered corrective actions self-imposed by New Mexico State, including:

* Prohibited the use of correspondence courses from Southeastern College and limited the number of correspondence courses from any institution that could be used for initial eligibility.

* Changed the position of the coordinator of athletics academic programs from a nine-month to a 12-month appointment.

* Prohibited prospective student-athletes from completing course work for other institutions in order to meet initial eligibility at New Mexico State while located at New Mexico State.

* Prohibited athletics department personnel from proctoring any examinations.

* Instituted a policy requiring prior approval for any prospective student-athlete to take correspondence courses that will affect their initial-eligibility status.

* Required head coaches to provide a list of any current or prospective student-athletes who will remain in Las Cruces during any portion of the summer or any prospective student-athlete who arrives on campus more than one week before classes start.

* Issued a written letter of reprimand to the head men's basketball coach for failing to exercise sufficient oversight of the basketball program.

The Committee on Infractions adopted as its own the following penalties self-imposed by New Mexico State:

* Prohibited participation in postseason competition in men's basketball during the 1995-96 season.

* Eliminated off-campus recruiting in men's basketball from October 1, 1995, until the end of the 1995-96 academic year.

* Reduced by two the number of permissible official visits in men's basketball during the 1995-96 academic year (allowing 10 instead of 12) and by one during the 1996-97 academic year (allowing 11 instead of 12).

* Limited to one the number of coaches who may recruit off-campus for the 1995-96 academic year and to two for the 1996-97 academic year.

* Did not accept any television revenue from the 1995-96 men's basketball season.

The Committee on Infractions added penalties, including:

* Three years of probation, from August 1, 1995, through August 1, 1998. (The university proposed a two-year probation.)

* Prohibition from awarding initial scholarships to men's basketball junior college transfers during the 1997-98 and 1998-99 academic years.

* Reduction by two, from 13 to 11, in the number of scholarships allowed in men's basketball during each of the 1996-97 and 1997-98 academic years. (New Mexico State proposed this penalty for 1996-97 only.)

* Vacating of New Mexico State's records for the 1991-92 through 1993-94 NCAA Division I men's basketball championships because of the participation of ineligible student-athletes.

* Requirement that the institution continue to develop a comprehensive athletics compliance education program.

* Recertification of current athletics policies and practices.

* If the former restricted-earnings coach seeks employment in an athletically related position at an NCAA member institution during a five-year period from March 31, 1995, to March 31, 2000, he and the involved institution will be requested to appear before the Committee on Infractions to determine whether the former restricted-earnings coach's athletically related duties should be limited at the new institution.

* The former assistant men's basketball coach and the NCAA member institution that currently employs him shall be requested to appear before the Committee on Infractions to determine whether his athletically related duties should be limited, unless his current institution agrees to prohibit the former assistant coach from recruiting off-campus from August 1, 1996, through August 1, 1998. If the former assistant coach seeks employment in an athletically related position at an NCAA member institution other than his current employer during a three-year period ending April 20, 1999, he and the involved institution will be requested to appear before the Committee on Infractions to determine whether the former assistant coach's athletically related duties should be limited at the new institution.

* New Mexico State University will be required to appear before the committee and show why it should not be penalized further if it fails to require the head men's basketball coach to attend an NCAA regional rules compliance seminar and to conduct rules education sessions for his coaching staff during each year of the institution's probationary period. If the head men's basketball coach seeks athletically related employment at another NCAA member institution during a two-year period, from April 20, 1996, through April 20, 1998, he and the involved institution will be requested to appear before the committee to consider whether his athletically related duties should be limited.

Had the former assistant and restricted earnings coaches involved in the case still been employed at New Mexico State, the university could have been subject to additional penalties.

As required by NCAA legislation for any institution in a major infractions case, New Mexico State is subject to the NCAA's repeat violator provisions for a five-year period beginning on April 20, 1996.

Should New Mexico State or any of the three coaches who participated in the processing of this case wish to appeal this decision, they must submit a written notice of appeal to the NCAA executive director no later than 15 days from the date that New Mexico State received the infractions report. The Infractions Appeals Committee, a separate group of people, hears such appeals.

The members of the Committee on Infractions who heard this case are Richard J. Dunn, divisional dean of humanities, University of Washington; Jack H. Friedenthal, dean of the school of law, George Washington University; Roy F. Kramer, commissioner, Southeastern Conference (acting chair); Frederick B. Lacey, attorney, LeBoeuf, Lamb, Greene and MacRae, and a retired judge; Beverly F. Ledbetter, vice-president and general counsel, Brown University; James L. Richmond, retired judge and attorney; and Yvonne (Bonnie) L. Slatton, chair of the department of physical education and sports studies, University of Iowa. Committee chair David Swank, professor of law, University of Oklahoma, recused himself from this case because the former assistant men's basketball coach is currently employed at an institution in the same conference as the chair's institution.

The complete report of the Committee on Infractions will be published in the August 5 issue of The NCAA Register.