The NCAA News - News & Features

Texas-Pan American's probation extended by four years

The NCAA Committee on Infractions has extended the current probation for the athletics program at the University of Texas, Pan American, for an additional four years for NCAA rules violations involving recruiting, institutional control and ethical conduct.

Texas-Pan American has been involved in three major infractions cases since 1990, including this one. In 1990, the Committee on Infractions found recruiting violations and a lack of institutional control involving the women's basketball program. On August 4, 1992, the committee issued a report involving the men's basketball program and violations including improper benefits, out-of-season practices and lack of institutional control.

Because of the 1990 case, the institution was subject in 1992 to the penalties for repeat violators. In the second case, the committee determined not to apply all of the repeat-violator penalties because of mitigating factors, including the substantial corrective actions taken by the institution, its strengthening of compliance activities and its cooperation with the investigation.

The three-year probation assigned as a result of the 1992 case was scheduled to end August 22, 1995. A letter of preliminary inquiry was sent by the NCAA enforcement staff regarding the current case on March 21, 1995. In August 1995, the committee determined that it would not be appropriate to end the university's probationary period and extended it pending resolution of the case.

In this case, the university was once again subject to the penalties for repeat violators. Although the Committee on Infractions is concerned that the institution has had three major cases in six years, the committee did not impose all of the penalties for repeat violators. Many of the problems noted in 1992 were not found during the processing of this case. The institution hired independent investigators to review the allegations, worked cooperatively with the enforcement staff and took appropriate corrective actions, and the lack of institutional control is more limited than previous cases.

In this case, the Committee on Infractions found NCAA rules violations, including:

* During the summer of 1993, two assistant men's basketball coaches provided improper assistance to a prospective student-athlete with respect to two correspondence courses from Southeastern College of the Assemblies of God. The coaches received course materials, arranged proctors and sent course forms and a final exam to Southeastern. Also during the summer of 1993, two assistant men's basketball coaches provided improper assistance to another men's basketball prospective student-athlete for a correspondence course taken from Southeastern. While both situations created an opportunity for academic fraud, the committee did not find the evidence sufficient to establish that fraud had occurred.

* During the summers of 1994 and 1995, the institution did not require the head men's basketball coach to process income from two basketball camps through the university.

* The head men's basketball coach and the assistant men's basketball coach involved in this case violated NCAA cooperative principles and standards of ethical conduct. The coaches contacted involved parties and others and discussed issues related to the investigation, even though the president's office and the enforcement staff had directed them on several occasions not to discuss or contact involved parties about the investigation. Both coaches provided false and misleading information to NCAA enforcement staff and university officials.

* There was a lack of institutional control. The institution did not have an adequate system for monitoring contacts with junior college transfer student-athletes prior to enrollment.

* During the summer of 1993, an assistant men's basketball coach provided improper recruiting inducements on two occasions by driving two prospective student-athletes from the airport to the institution.

* There were several secondary violations.

In determining appropriate penalties, the Committee on Infractions took into consideration corrective actions the university has taken or plans to take, including the following:

* Determined that it will only enter into one-year written contracts for all head and assistant coaches, clearly stating standards of conduct to be followed.

* Is drafting a compliance program and identifying all university staff members and departments with responsibility for NCAA rules compliance.

* Required coaches to submit recruiting logs to the academics and compliance coordinator, with information on telephone calls, correspondence and in-person contacts and evaluations. The university's internal audit department will perform spot-check audits of recruiting logs.

* Implemented a policy prohibiting athletics department administrators or coaches from arranging for either current or prospective student-athletes to enroll in correspondence courses. Student-athletes will need to get prior approval from the faculty athletics representative before enrolling in correspondence courses.

* Adopted a policy prohibiting coaches from arranging for prospective student-athletes to live in Edinburg, Texas, (the city where Texas-Pan American is located) during the summer before initial enrollment, except those attending official university summer orientation sessions.

* Will implement a program to monitor student-athletes' summer employment.

* Is drafting and will implement operating procedures for all summer sports camps and clinics.

* Did not renew the employment of an assistant men's basketball coach upon the conclusion of his contract.

* Reassigned the head men's basketball coach, pending the resolution of termination proceedings.

The Committee on Infractions imposed penalties, including:

* Extension of the current probationary period for four additional years from July 25, 1996, the date of this report.

* Prohibition against institutional staff members serving on any NCAA committee for a four-year period (July 25, 1996, through July 25, 2000).

* Prohibition against awarding any initial scholarships in men's basketball to two-year college transfer student-athletes for the 1997-98 and 1998-99 academic years.

* Reduction by one in the total number of scholarships in men's basketball, from the maximum of 13 to 12 for each of the 1997-98 and 1998-99 academic years.

* Reduction by two of expense-paid visits to the institution's campus in men's basketball during each of the 1996-97 and 1997-98 academic years, limiting the institution to 10 official visits.

* Recertification of current athletics policies and practices by the university's president.

* Development of a comprehensive educational program on NCAA rules.

As required by NCAA legislation for any institution in a major infractions case, Texas-Pan American is subject again to the NCAA's repeat-violator provisions for a five-year period beginning on July 25, 1996.

Should Texas-Pan American or the two coaches who participated in the processing of this case wish to appeal either the findings or the penalties in this case, they must submit a written notice of appeal to the NCAA executive director no later than 15 days from the date of this release. The NCAA Infractions Appeals Committee, a separate group, 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; Frederick B. Lacey, attorney, LeBoeuf, Lamb, Greene and MacRae, and a retired judge; James L. Richmond, retired judge and attorney; Yvonne (Bonnie) L. Slatton, chair of the department of physical education and sports studies, University of Iowa; and committee chair David Swank, professor of law, University of Oklahoma.

The complete report of the Committee on Infractions will be published in the September 2 issue of The NCAA Register.